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. <ins>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."
</ins> 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; <del>and
</del> (8) To notify the library system director, in advance, of all meetings of library boards and
board committees.; <ins>and
(9) To establish training procedures for members reviewing reconsideration requests
regarding materials harmful to minors as provided in Code Section 16-12-103."
</ins> 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.