Senate Education Committee OKs bill granting immunity to school and public librarians; 5-2 vote

CARSON CITY — The Nevada Senate Committee on Education voted 5-2 to advance Assembly Bill 445, a measure that would grant school and public library staff immunity from civil and criminal liability for actions taken in good faith while performing their duties regarding library materials.

The vote came during the committee's public hearing and work session on AB 445. Assemblymember Danielle Monroe Moreno, the bill sponsor, said the amended, streamlined bill passed the Assembly and asks the Senate committee to protect librarians who are being targeted in book-challenge disputes. "These protections are for the books that have been approved by the board of trustees for the school district and the superintendent," Moreno said.

The bill's purpose, supporters said, is to shield librarians who provide access to constitutionally protected materials and who help patrons and students find information. Nathaniel Wall Clark, a school district representative and public library trustee in Southern Nevada, told the committee AB 445 "provides essential protections for school and public library staff who act in good faith to help students and patrons access library materials." Representatives of the Nevada Association of School Boards, the Reno-Sparks Chamber of Commerce, the Nevada State Education Association and the Nevada Association of School Superintendents also testified in support.

Committee counsel Cameron Newton summarized existing state law, citing provisions in chapter 201 of the Nevada Revised Statutes. "NRS 201.237 ... provides that the provisions relating to obscenity broadly do not apply to universities, schools, museums, or libraries which are operated by or under the direct control of the State or any political subdivision of the State or to persons while acting as employees of such organizations," Newton said. He added NRS 201.239 allows local governments to adopt ordinances regulating obscenity so long as they do not conflict with chapter 201.

Opponents said the bill was unnecessary or overbroad. Cynthia Perine, a caller, said, "It seems like this is a what if bill or something that has not yet occurred," and questioned whether any civil or criminal actions had been filed in Nevada against librarians. Lynn Chapman, speaking for Nevada Families for Freedom, warned of sexually explicit materials in school libraries and urged parental protections. Ashley Perkins, a charter school administrator, said existing laws already protect school employees acting in good faith and questioned singling out librarians.

The committee heard procedural clarifications during the work session. Policy analyst Jen Sturm Gainor told members there were no proposed amendments from the committee; the version before them was the version approved in the Assembly.

On the motion to do pass, a senator identified as the vice chair moved the measure; Senator Cruz Crawford seconded. The committee recorded the vote as 5 in favor and 2 opposed. Senators Buck and Titus voted no; the committee chair assigned the floor statement to herself.

What AB 445 would do

As amended and presented to the committee, AB 445 contains two sections. The first would grant immunity from civil and criminal liability to school library staff for actions performed within their duties and licensure. The second section would extend similar protections to public library staff who, in good faith, create or curate library collections and assist patrons.

What the bill does not change

The sponsor and committee counsel emphasized the bill does not establish or change local procedures for challenging or removing books. "You would be relying on the school district and the superintendents of those school districts to come up with whatever the rules, regulations, and standard operating procedures would be for their district," Assemblymember Moreno said when asked whether AB 445 addresses parental requests to remove books.

Next steps

With the committee's 5-2 vote, AB 445 will be reported out of the Senate Committee on Education and move toward a floor vote in the Senate. The bill text, as discussed in committee, is the amended version passed by the Assembly; the committee recorded no additional amendments.

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