---
title: SB 74. Harmful Materials to Minors; exemption for libraries and librarians from the provisions of Code Section 16-12-103; repeal
collection: bills
id: 2025-2026/sb74
cite_as: SB 74, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb74
md_url: https://georgiacommons.org/bills/2025-2026/sb74.md
text_url: https://georgiacommons.org/bills/2025-2026/sb74/text
source_url: https://www.legis.ga.gov/legislation/69803
date: 2026-02-09
status: engrossed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 627
omitted_url: https://georgiacommons.org/bills/2025-2026/sb74.md?full=1
bill_number: SB 74
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2025-03-03
last_action: House Committee Favorably Reported By Substitute
sponsors:
- Max Burns
- Larry Walker
- Greg Dolezal
- Carden Summers
- Billy Hickman
- Lee Anderson
- John Albers
- Jason Anavitarte
- Randy Robertson
- Ricky Williams
- Brian Strickland
- Timothy Bearden
- Drew Echols
- Blake Tillery
- Shawn Still
- Clint Dixon
- Steve Gooch
- Will Wade
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB74/2025
upstream_id: 1952853
summaries_model: claude-sonnet-5
topic_tags:
- library policy
- harmful materials to minors
- book challenges
- school and public libraries
---
# SB 74. Harmful Materials to Minors; exemption for libraries and librarians from the provisions of Code Section 16-12-103; repeal
## Text
The House Committee on Judiciary, Non-Civil offers the following substitute to SB 74:
A BILL TO BE ENTITLED
AN ACT
To amend Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia
Annotated, relating to sale or distribution of harmful materials to minors, so as to revise an
exemption for libraries and librarians from the provisions of Code Section 16-12-103,
relating to selling, loaning, distributing, or exhibiting materials harmful to minors; to amend
Code Section 20-5-43 of the Official Code of Georgia Annotated, relating to duties and
responsibilities of board of trustees, so as to provide for training for reviewing
reconsideration requests regarding material harmful to minors; to provide for related matters;
to provide for an effective date and applicability; to repeal conflicting laws; and for other
purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 3 of Article 3 of Chapter 12 of Title 16 of the Official Code of Georgia Annotated,
relating to sale or distribution of harmful materials to minors, is amended by revising Code
Section 16-12-104, relating to library exception, as follows:
"16-12-104.
The provisions of Code Section 16-12-103 shall not apply to any public library operated
by the state or any of its political subdivisions nor to any library operated as a part of any
school, college, or university. The immunity provided by this Code section shall not apply
if the person failed to comply with the appropriate governing authority's decisions pursuant
to reconsideration requests or complaints regarding materials harmful to minors."
SECTION 2.
Code Section 20-5-43 of the Official Code of Georgia Annotated, relating to duties and
responsibilities of board of trustees, is amended by revising paragraphs (7) and (8) and by
adding a new paragraph to read as follows:
"(7) To notify the appropriate authorities of a vacancy on the board so that a person may
be appointed to complete unexpired or full terms; and
(8) To notify the library system director, in advance, of all meetings of library boards and
board committees.; and
(9) To establish training procedures for members reviewing reconsideration requests
regarding materials harmful to minors as provided in Code Section 16-12-103."
SECTION 3.
This Act shall become effective on July 1, 2026, and shall apply to any motions made or
hearings or trials commenced on or after such date.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
Senate Bill 74 would narrow the legal shield that protects public and school libraries from Georgia's harmful materials to minors law, stripping that protection if a library ignores a complaint about a specific item.
### Plain-language summary
Under current Georgia law (O.C.G.A. § 16-12-104), public libraries and libraries run by schools, colleges, or universities are exempt from the crime of selling, loaning, or exhibiting materials harmful to minors (O.C.G.A. § 16-12-103). This bill keeps that exemption but adds a condition: if a library fails to follow its governing authority's decision on a reconsideration request or complaint about material harmful to minors, the library loses that legal immunity for that material.
The bill also changes the duties of library boards of trustees (O.C.G.A. § 20-5-43), adding a requirement that boards set up training procedures for members who review reconsideration requests about materials harmful to minors. The changes would take effect July 1, 2026, and would apply to motions, hearings, or trials starting on or after that date.
### What it does
- Adds a condition to the library exemption from Georgia's harmful materials to minors law, removing legal immunity if a library does not follow its governing authority's ruling on a complaint.
- Requires library boards of trustees to create training procedures for members who handle reconsideration requests about materials harmful to minors.
- Sets the effective date as July 1, 2026, applying to motions, hearings, or trials starting on or after that date.
- Repeals any existing laws that conflict with these changes.
### Who it affects
Public libraries, school libraries, and libraries at colleges and universities in Georgia, along with their boards of trustees and librarians who handle challenges to library materials. Minors and parents involved in reconsideration requests about library materials are also affected.
### Why it matters
Libraries that currently cannot be prosecuted under the harmful materials to minors law could lose that protection if they do not comply with a governing authority's decision on a challenged item, creating new legal exposure tied to how complaints are handled and how well-trained reviewing staff are.
### Key provisions
- Section 1 amends O.C.G.A. § 16-12-104 to state that the library immunity does not apply if the library failed to comply with the governing authority's decision on a reconsideration request or complaint about materials harmful to minors.
- Section 2 amends O.C.G.A. § 20-5-43 to add a new duty for library boards of trustees: establishing training procedures for members reviewing reconsideration requests about materials harmful to minors.
- Section 3 sets the effective date at July 1, 2026, applying to motions made or hearings or trials commenced on or after that date.
- Section 4 repeals any conflicting laws.
## Status
- Status: Engrossed (2025-03-03)
- Last action: House Committee Favorably Reported By Substitute (2026-02-09)
- Sponsors: Max Burns, Larry Walker, Greg Dolezal, Carden Summers, Billy Hickman, Lee Anderson, John Albers, Jason Anavitarte, Randy Robertson, Ricky Williams, Brian Strickland, Timothy Bearden, Drew Echols, Blake Tillery, Shawn Still, Clint Dixon, Steve Gooch, Will Wade
- Official page: https://www.legis.ga.gov/legislation/69803
> The history, votes, and amendments (627 characters) are at https://georgiacommons.org/bills/2025-2026/sb74.md?full=1