Text of AL HB 425 (2024)
Provision of sexual content to minor, prohibited; libraries prohibited from purchasing certain sexual content; certain entities prohibited from affiliating with American Library Assn.; cause of action, created; exception to Anti-Obscenity Enforcement Act for libraries and library employees, repealed
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As introduced
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HB425 INTRODUCED
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HB425
ZTSTRRR-1
By Representatives Yarbrough, Mooney, Butler, Harrison,
Whorton, Kiel
RFD: Judiciary
First Read: 04-Apr-24
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ZTSTRRR-1 04/02/2024 GP (L)lmg 2024-237
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SYNOPSIS:
Under existing law, the Alabama Anti-Obscenity
Enforcement Act prohibits the distribution of certain
obscene material.
Also under existing law, libraries and library
employees or agents are exempt from the criminal
provisions of the Anti-Obscenity Enforcement Act.
This bill would repeal the criminal exemption
for libraries and library employees or agents from the
Anti-Obscenity Enforcement Act.
This bill would prohibit the state or any
library from supplying any minor with material
containing sexual content.
This bill would prohibit a library from
purchasing or accepting donated materials containing
sexual content if the publisher of the material has
recommended it for minors.
This bill would prohibit any entity that
receives state funds and any library from affiliating
with the American Library Association.
This bill would authorize the Attorney General
or district attorney to initiate a civil action for a
violation of this act.
This bill would authorize the parent or guardian
of a minor who is provided sexual content in violation
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HB425 INTRODUCED
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of this act to bring a cause of action against the
offending entity.
This bill would also authorize a parent or
guardian to seek an injunction against a library that
purchases or accepts a donation of sexual content in
violation of this act.
A BILL
TO BE ENTITLED
AN ACT
Relating to the provision of sexual content to minors;
to prohibit certain entities from providing minors with
materials containing sexual content in certain circumstances;
to prohibit a library from purchasing or receiving certain
materials recommended for minors that contain sexual content;
to prohibit libraries and certain entities that receive state
funds from affiliating with the American Library Association;
to create a cause of action for the Attorney General, district
attorneys, and certain parents or guardians; and to repeal
Section 13A-12-200.10, Code of Alabama 1975, relating to the
criminal liability of libraries and their employees or agents.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For the purposes of this act, the following
terms have the following meanings:
(1) GENDER IDEOLOGY. The theory that: (i) there are
more genders than male and female; and (ii) gender is a social
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construct subject to change based on the opinions and feelings
of the individual.
(2) LIBRARY. A library established for free public
purposes by a county, municipality, or other local
governmental body. This term includes any library associated
with a public K-12 school.
(3) MINOR. An unmarried individual under 18 years of
age.
(4) SEXUAL CONDUCT. The same meaning as Section
13A-12-200.1, Code of Alabama 1975.
(5) SEXUAL CONTENT. Any material, including physical,
digital, or audio material, that includes content regarding
sexual conduct, sexuality, or gender ideology that the average
individual, applying contemporary community standards, would
find inappropriate for a minor to consume without the
permission of his or her parent or guardian. This term does
not include legitimate educational materials including, but
not limited to, age appropriate content related to biology,
human anatomy, or religion.
(6) STATE. Each of the following:
a. The state, a county, or a municipality.
b. A state, county, or municipal official.
c. Any other political subdivision of the state.
(7) SUPPLY. To sell, rent, lend, or transfer possession
or title.
Section 2. (a) The state, a library, and any other
entity that receives state or local funds may not supply any
minor with any sexual content.
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(b)(1) No library may purchase any sexual content, if
the publisher of the material has recommended the material for
individuals under 18 years of age.
(2) No library may accept any donated sexual content,
if the publisher of the material has recommended the material
for individuals under 18 years of age.
(3) For the purposes of this section, materials include
physical, digital, and audio materials.
Section 3. No entity that is appropriated any funds by
the Legislature, including the state and any library in this
state, may affiliate with the American Library Association.
For purposes of this section, affiliation includes, but is not
limited to, membership, training, or certification with the
association.
Section 4. (a) When there is reason to believe that any
person is violating or is about to violate this act, the
Attorney General or district attorney may initiate a civil
action in the circuit court in the name of the State of
Alabama against the person for preliminary and permanent
injunctive relief to prevent or enjoin the violation, in the
same manner as provided in Section 13A-12-200.7, Code of
Alabama 1975.
(b)(1) The parent or guardian of any minor who is
provided sexual content in violation of this act may bring a
cause of action against the offending entity.
(2) Available remedies for a cause of action brought
under this subsection include, but are not limited to: (i)
injunctive relief; (ii) compensatory damages; (iii) punitive
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damages; and (iv) reasonable attorney fees and court costs.
(c)(1) If a library purchases any sexual content in
violation of Section 2 or accepts as a donation any sexual
content in violation of Section 2, a parent or guardian may
seek injunctive relief to prevent or enjoin the violation.
(2) Available remedies for a cause of action brought
under this subsection include: (i) injunctive relief; and (ii)
reasonable attorney fees and costs.
Section 5. The provisions of this act are severable. If
any part of this act is declared invalid or unconstitutional,
that declaration shall not affect the part which remains.
Section 6. Section 13A-12-200.10, Code of Alabama 1975,
relating to the criminal liability of libraries and their
employees or agents, is repealed.
Section 7. This act shall become effective on October
1, 2024.
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