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(2) (A) Library materials in public libraries shall not be excluded, and
<br />access to library materials shall not be limited, solely on the bases of any
<br />of the following:
<br />(i) The race, nationality, gender identity, sexual orientation, religion,
<br />disability, political affiliation, or any other characteristic listed in subdivision
<br />(a) of Section 12940 of the Government Code, or the socioeconomic status
<br />of a subject of the library materials, an author of the library materials, the
<br />source of the library materials, or the perceived or intended audience for
<br />the library materials.
<br />(ii) The library materials contain inclusive and diverse perspectives.
<br />(iii) The library materials may include sexual content, unless that content
<br />qualifies as obscene under United States Supreme Court precedent.
<br />(B) This paragraph does not apply to library materials excluded, or for
<br />which access is limited, pursuant to a library maintenance and deaccession
<br />policy.
<br />(3) The governing board or body of a public library, or any body or
<br />commission designated to review the procurement, retention, or circulation
<br />of, or access to, library materials, shall not create policies or procedures
<br />that limit or restrict access to library materials offered by the public library
<br />unless the policies or procedures are adopted to preserve the safety or
<br />security of the library materials, are time, place, and manner restrictions not
<br />based on the content of materials, or are programs that provide for the
<br />effective management of the library and its resources to preserve access for
<br />all library users.
<br />(c) A person’s right to use a public library and its resources shall not be
<br />denied or abridged solely because of personal characteristics, age,
<br />background, or views.
<br />(d) All people, regardless of personal characteristics, age, background,
<br />or views, possess a right to privacy and confidentiality in the materials they
<br />borrow from libraries.
<br />(e) This section applies to a public library, as defined in Section 18015,
<br />including any public library operated on a contractual basis, or by a city,
<br />including a general law or charter city, county, special district, or joint
<br />powers authority, except that it does not apply to any school library, as
<br />defined in Section 18710, or any library operated by the governing board
<br />of a school district, a county board of education, or the governing body of
<br />a charter school.
<br />(f) For purposes of this section, the following definitions apply:
<br />(1) “Library materials” includes, but is not limited to, books, periodicals
<br />and serials, audio materials, audiovisual materials, instructional materials,
<br />maps, databases, government documents, records, photographs, and all other
<br />similar materials, whether in tangible or electronic form. “Library materials”
<br />does not include hardware, tools, instruments, computers, appliances, or
<br />other items that are not for the primary purpose of conveying ideas or
<br />information.
<br />90
<br />—4 — Ch. 941
<br />Page 146 of 376
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