The Arkansas Senate on Tuesday voted to send the governor a bill intended to create a process for challenging books available to children in public and school libraries.
After concurring with a House amendment, the Senate voted 24-5 to give final approval to Senate Bill 81 by Sen Dan Sullivan, R-Jonesboro.
The measure also would create an offense for “furnishing a harmful item to a minor” and strike a defense from state law intended to protect librarians from criminal prosecution under obscenity laws.
Sullivan told a Senate committee on Monday the amendment made to the bill in the House was a “good amendment.” House sponsor Rep. Justin Gonzales, R-Okolona, has said the amendment was intended to make clarifying changes.
Under the amended bill, committees of librarians and legislative panels could require a school or public library to “relocate” challenged books within their library rather than “remove” them. Gonzales has said librarians would have to place these books in a part of the library not accessible to children.
Sullivan has said the bill would not create a list of banned books and noted a librarian would have to knowingly distribute material deemed obscene by a court before they could be prosecuted.
Supporters have said the bill is needed to protect minors and provide parents with more control over the books to which their children have access.
Critics have said the challenge process could lead to libraries and local elected officials being hampered by costly challenges. Those against the bill have said it would invest legislative bodies with judicial power and could disproportionally affect books written by and about LGBTQ people.
Parents who testified in favor of the bill have said it is needed to protect children from obscene material. Supporters also have contended more transparency is needed when it comes to decisions made by libraries on which books they carry.