Committee hears debate on SB 74 to remove library exemption from obscenity statute

Senator Burns introduced Senate Bill 74 to the committee, saying the measure "protects Georgia's children from being provided access to harmful materials in libraries" by removing an exemption for libraries from OCGA 16-12-103, Georgia's obscenity statute, while keeping certain protections for librarians. Burns told the committee the language reflects extensive committee work and input, including "a recommendation from the director of the West Georgia Regional Library System."

An unnamed committee member pressed Burns on the bill's practical effect, asking bluntly, "Why are you trying to criminalize librarians?" The questioner said they had received emails suggesting libraries contained obscene material and sought examples that would warrant criminal penalties. Burns replied that "this bill in no way criminalizes librarians or libraries," adding that the measure "does not ban any book" and would require recataloguing or placement of certain materials in adult sections rather than removal.

A second committee member followed up to ask whether the bill's removal of a statutory immunity would enable criminal prosecution of librarians. Burns said the change removes an exception and places responsibility on the governing authority of a library or school, noting the intent is to place school librarians on the same statutory footing as teachers when it comes to providing harmful material to minors. The questioner said removing immunity "does not seem to be necessary" and that they could not support the bill.

No formal committee vote on SB 74 was recorded in the transcript. The discussion included references to committee deliberations and to the West Georgia Regional Library System's input; Burns emphasized the bill aims to "protect children" while allowing librarians professional flexibility.