News from the Capitol

September 11, 2024

TO:                 CLA MEMBERS/ SYSTEMS/ NETWORK CONTACTS

FROM:           Christina DiCaro, CLA Lobbyist

RE:                 News From the Capitol

1. “FREEDOM TO READ” BILL SENT TO GOVERNOR’S DESK

    

   August 31^st marked the close of the 2023-24 legislative session, when the California State Senate and Assembly raced to meet a midnight deadline to pass bills in their respective houses.  Over the course of the last week of Session, the legislature voted on approximately 1,000 pieces of legislation including major issues such as artificial intelligence, restrictions on the siting of warehouses in communities, regulating the use of plastic bags at stores, and several privacy bills.  A late-night stalemate between the two houses on the final evening caused several pieces of legislation to fail passage because they simply ran out of time.

   One bill of great interest to the California Library Association – AB 1825-Muratsuchi, pertaining to the “Freedom to Read” - passed the Senate and Assembly during the final days of Session and is on the Governor’s desk. 

   What is AB 1825-Muratsuchi?

   AB 1825, called the “Freedom to Read Act” was introduced early in the 2024 Session by Assemblymember Al Muratsuchi (D-Torrance), the Chair of the Assembly Education Committee.  The bill would require public libraries that receive direct funding from the state, to adopt and maintain a written and publicly accessible collection development policy and submit that policy to the State Library for review by January 1, 2026.  Additionally, the bill states that policies:

• Should “create a process for community members to share their concerns regarding library materials and to request that library materials be reconsidered for inclusion in the library’s collection.
• Guide the selection and deselection of library materials.
• Acknowledge that the public library’s collection meets the broad and diverse interests of the community and respects both the library’s autonomy and their specific community needs.
• Establish that the public library serves as a center for voluntary inquiry and the dissemination of information and ideas.
• Acknowledge that library materials should be provided for the interest, information, and enlightenment of all people and should present diverse points of view in the collection as a whole.
• Acknowledge the right of the public to receive access to a range of social, political, aesthetic, moral, and other ideas and experiences.”

   

  The measure states all of the principles by which library materials shall not be excluded from a collection, such as race, nationality, gender identity, etc.  The bill also protects librarians, library media specialists, and other employees from termination for refusing to remove an item from the collection before it has been reviewed.  Finally, AB 1825 notes that the governing board (e.g. a city council or county board of supervisors) may not “proscribe or prohibit the circulation or procurement of, or access to, any library materials in the public library because of the topic addressed by the materials or because of the views, ideas, or opinions contained in those materials.” 

  What were the early challenges with AB 1825?

  The intent of the bill was laudable. However, as CLA members know, the devil is always in the details when it comes to legislation and creating new laws.  Thus, it may surprise some readers to learn that early in the legislative process, the CLA Legislative Committee and Executive Board had taken an “oppose, unless amended” position on AB 1825.  Initially, the author’s office crafted the bill using suggested language from the American Library Association and the ACLU.  The bill would have tethered individual library policies to the ALA’s “Bill of Rights and its interpretations.”  Not only is the “Bill of Rights” a voluminous, far-ranging document, but because it is a document sponsored by a membership association, it would be completely inappropriate to align policy statute with a document that has the potential to change on a regular basis.  The bill also contained a private right of action, which would have allowed anyone to sue a public library relative to a book ban or objection to the library facilities use policies.  AB 1825 also did not recognize the fact that California communities are diverse and, as a result communities need to have the flexibility to create policies that address the needs of their patrons.  Lastly, AB 1825 seemed to suggest that local governments and not public library staff could make granular library collection development policy decisions.  

  How were CLA’s objections resolved?

  CLA worked exhaustively over the course of several months attempting to amend the bill in a way that addressed the concerns of the public library community.  The bill was referred to four policy committees and two fiscal committees, which required extensive engagement with the legislature.  Assemblymember Muratsuchi is to be applauded for agreeing to participate in two separate hour-long meetings with CLA representatives, where we painstakingly went through the bill, line-by-line, until an agreement could be reached on the language.  Assemblymember Muratsuchi said it was very helpful for him to hear directly from library directors, who could explain how certain components of the bill would or would not work in a practical sense. State Librarian Greg Lucas also met with the Assemblymember and his Chief of Staff and offered technical assistance and a potential framework that was ultimately endorsed by CLA. 
  
  

  AB 1825 then headed to the Senate Education Committee for hearing in late June.  The newly incorporated amendments gave full authority to library directors and staff to establish library collection development policies, and also removed the private right of action and other objectionable pieces.  These new amendments allowed CLA to remove its opposition and move to a “support” position.  Crystal Duran, Library Director for the Belvedere Tiburon Library, testified in support of the bill in Education Committee, alongside a representative from the ACLU.  (Equality California was also a strong supporter.)  Crystal publicly expressed CLA’s gratitude to the author for working so extensively with the association in order to alleviate remaining concerns and stated that “library directors and staff believe in protecting intellectual freedom.  We support the right of California library patrons to have access to a diverse body of materials that educate, inspire, inform, and enlighten.” 

   

  The Senate Judiciary Committee was the final policy committee hearing, where I testified on behalf of CLA.  After spending time with the Senate Judiciary Committee consultant (an attorney who had studied case law in this area), she noted that additional clarifying amendments were needed in order to protect public libraries, and CLA agreed to those amendments prior to the bill’s hearing on July 2.

   

  When AB 1825 arrived on the Senate Floor on August 27^th, just days before the final adjournment, Senator Dave Min (D-Irvine) presented the bill on behalf of Assemblymember Muratsuchi and it passed on a vote of 31 to 7.  The bill then headed back to the Assembly on August 28 for a procedural vote, concurring in the amendments taken in the Senate.  AB 1825 is currently on the Governor’s desk and CLA has sent a letter, requesting the Governor’s signature on the measure.  The Governor will have until September 30^th to sign or veto measures reaching his desk in the final days of Session. 

  A special thank you to several individuals who dedicated a great deal of time reviewing amendments, meeting with the author and policy committee representatives, and responding to inquiries regarding the bill:  Crystal Duran, Migell Acosta, Shawn Thrasher, Carol Frost, Peter Coyl, Christine Powers, Mike Eitner, and Scott Love, as well as representatives from the Torrance Library in Assemblymember Muratsuchi’s district.

   

  1. CLA SUPPORTS PROPOSITION 5 – 55% VOTE FOR LOCAL CONSTRUCTION BONDS

   

  Recently, the CLA Executive Board voted to support Proposition 5, which will appear on the November ballot thanks to the efforts of Assemblymember Cecilia Aguiar-Curry, whose implementing legislation (ACA 1 and ACA 10 of 2024) created the Proposition.  If passed by the voters in November, Prop 5 would authorize the passage of local construction bonds by a 55% vote instead of the current two-thirds local vote threshold.   The measure would provide this authority for public infrastructure construction bonds which includes:  police and fire protection, parks and recreation, libraries, flood protection, streets, water and wastewater facilities, broadband, natural disaster recovery projects, etc.  

   

  You may recall that CLA has sponsored three library-specific measures over the last three decades, attempting to lower the vote threshold for public library construction.  All of these measures failed in the legislature due to the composition of the Senate or Assembly at that particular time.   

   

  ACA 1/ACA 10 by Assemblymember Aguiar-Curry was supported by a broad coalition of the League of Cities, the California State Association of Counties, California Special Districts Association, builders, architects, housing groups, and of course, CLA.   For more information regarding Prop 5, here is a link to their website: https://www.yesonprop5.org/

   

  1. CELEBRATING LIBRARY CHAMPION, SENATOR TONI ATKINS

It was a bittersweet moment when the state Senate adjourned the 2023-24 Session on August 31^st, as a true champion for public libraries, Senate President pro Tem Emeritus Toni Atkins (D-San Diego), is departing due to term limits.  Over the course of the last decade plus, no other legislator has been more effective and dedicated in championing public library programs at the State Capitol than Senator Atkins. 

As an example of her leadership:  If your library was a recipient of any portion of the $489 million in library construction grant funding that was provided as a result of the 2021-22 and 2022-23 state Budgets, Senator Atkins is largely responsible for those dollars.  If during those same budget years, you were provided a grant for a new bookmobile, early learning grants, English as a Second Language Learners grant, or funds to provide Career Online High School, Senator Atkins (in her position as head of the State Senate at the time), helped to bring that funding to fruition.

Respected by her fellow colleagues for her graciousness and strong leadership capabilities, Senator Atkins uniquely served as both the Speaker of the California State Assembly as well at the Senate President pro Tempore for many years.  It is no surprise that CLA President Shawn Thrasher awarded Senator Atkins with the CLA President’s Award for 2024 earlier this year, in a ceremony attended by San Diego Mayor Todd Gloria and other local dignitaries.  The event was hosted and organized by San Diego Library Director Misty Jones and her team, as well as Beth Wrenn-Estes, CLA’s Executive Director.   CLA and I thank the Senator profusely for all she has done for public libraries.