New bill would dissolve Arkansas State Library and its board, set new library funding criteria

Yahoo

21-03-2025

Sen. Dan Sullivan, R-Jonesboro, in the Senate chamber on Tuesday, January 14, 2025. (Mary Hennigan/Arkansas Advocate)
Arkansas Sen. Dan Sullivan filed legislation Thursday to abolish not only the State Library Board, but the State Library as well.
Senate Bill 536 would carry out Sullivan's promise to dismantle the library board by transferring the agency's and board's powers, authorities, funds, contracts and employees to the Arkansas Department of Education. The Arkansas State Library is already under the department's umbrella but operates independently, and the board consists of seven members appointed by the governor who disburse funds to public libraries on a quarterly basis.
In February, Sullivan introduced Senate Bill 184, which would have abolished the State Library Board but not the State Library. The bill also would have dissolved the Arkansas Educational Television Commission, which oversees Arkansas PBS and is also under the education department but operates independently.
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Sullivan, a Republican from Jonesboro, said he would amend SB 184 to no longer include the Arkansas PBS commission after making an agreement with the chairman. As of Friday morning, the amendment had not been posted on the Legislature's website. Sullivan did not respond to a text message asking if SB 184 will not be considered now that SB 536 has been filed.
The 28-page SB 536 would delete all mentions of the State Library from existing state statute and make 'prohibit[ing] access to age-inappropriate materials to a person who is sixteen (16) years old or younger' a condition of public libraries receiving state funds from the education department.
'It looks like materials that are written by and for adults would fall under the scope of this, and to receive funding from the state, we would have to engage in unconstitutional censorship,' said Adam Webb, executive director of the Garland County Library and president of the Arkansas Library Association.
The legislation defines 'age-inappropriate material' as 'books, media, or any other material accessible at a public library containing images or explicit and detailed descriptions' of sexual acts, sexual contact and human genitalia. The bill includes a limited exception for sex education materials, which minors under 12 years old would not be able to access if their parents or guardians have stated in writing that they are not allowed to see such materials.
Page 18 of the 28-page Senate Bill 536 outlines how many hours public libraries would be required to be open per year in order to receive state funding from the Department of Education.
The requirements would be based on the population of the library system's service area:
1,480 hours per year for less than 10,000 people
1,730 hours per year for 10,000 to 19,000 people
1,980 hours per year for 19,001 to 49,000 people
2,470 hours per year for more than 49,000 people
Libraries in sparsely populated areas of Arkansas might not have the tax base and therefore enough funds to meet the required hours of operation, which includes paying utility costs, Arkansas Library Association President Adam Webb said. These libraries might lose funding under this section of SB 536, he said.
Libraries would also be required to 'provide a process for a member of the public to request the inclusion, removal, or a policy regarding access to age-inappropriate or sex education materials and resources' in order to receive state funds.
The location of books based on 'appropriateness' for minors was the thrust of Act 372 of 2023, also sponsored by Sullivan. The law would have given local elected officials the final say over whether to relocate challenged library materials some consider 'obscene' and made librarians legally liable for disseminating such materials.
Webb, the Arkansas Library Association and 16 other plaintiffs sued the state over Act 372, claiming portions of it violated the First Amendment. A federal judge sided with the plaintiffs by temporarily and later permanently blocking the challenged sections; Attorney General Tim Griffin appealed the ruling in January.
Supporters of Act 372 said the policy was necessary to keep 'pornographic' content away from children. Opponents of the law said it would be used to reduce access to content that reflects the general public, including the LGBTQ+ community.
SB 536 would require libraries to submit annual reports to the Department of Education that include 'an assurance of compliance with the applicable laws of the state, rules promulgated by the department, and the policies of the public library.'
If the education department determines a library no longer qualifies for state funding, the library would be allowed to appeal the decision as long as it can prove 'the determination was made in error' or 'the determination was correct but remedial actions have been taken by the public library to bring the public library into compliance.'
SB 536 has an emergency clause that would make it effective July 1, the start of the 2026 fiscal year, instead of 90 days after the adjournment of the legislative session. The State Library Board's next regularly scheduled meeting is May 9.
Emergency clauses require two-thirds support from each legislative chamber, 24 Senate votes and 67 House votes. SB 184 has no emergency clause, and it passed the Senate with 23 votes on Feb. 17. Debate on the bill focused more on the potential outcomes of eliminating the Arkansas PBS commission than the State Library Board.
Federal judge declares sections of Arkansas' library obscenity law unconstitutional
Sullivan and former senator Jason Rapert of Conway have repeatedly criticized the State Library Board for rejecting Rapert's efforts to withhold state funds from libraries where 'sexually explicit' content is within children's reach. Rapert has been a member of the board since December 2023, and the board has also rejected his efforts to withhold funds from libraries suing the state over Act 372.
On March 13, the library board held a special meeting after Sullivan spoke with several board members and said he would withdraw SB 184 if the board developed 'policies that protect children' and disaffiliated from the American Library Association.
The board rejected by a 4-3 vote Rapert's proposal to create an ad hoc committee to recommend measures to 'protect children from sexually explicit materials' in public libraries. It also rejected his motion to remove all references to the ALA in board documents.
The board subsequently adopted a motion by member Lupe Peña de Martinez of Mabelvale for the board to 'non-binding policies to protect children' while honoring First Amendment freedoms and libraries' material selection policies. The motion passed by the same 4-3 vote that rejected Rapert's motion.
Peña de Martinez said she made the motion 'in good faith' and was 'disappointed' that Sullivan remained determined to abolish the library board.
Board Chairwoman Deborah Knox of Mountain Home said the day after the meeting that she 'could simply not support Mr. Rapert's motions yesterday, even though that probably does spell the end of our board.'
Rapert and Sullivan have both criticized the portion of the ALA's Library Bill of Rights that says access to libraries should not be restricted based on a person's age. Far-right conservatives nationwide who object to the public availability of certain content have claimed this is proof the ALA believes in forcing content about sexual activity and LGBTQ+ topics onto children.
On Tuesday, a subcommittee of the Legislature's Joint Budget Committee rejected Sullivan's proposal to ban the State Library from funding ALA-affiliated local libraries.
Restrictions on use of Arkansas State Library funds fail in budget subcommittee
Sullivan was successful with Act 242 of 2025, which removes the requirement that public library directors and the State Librarian hold a master's degree from an ALA-accredited program. The law will go into effect 90 days after the legislative session ends.
SB 536 accounts for Act 242 by specifying a public library director may hold 'a master's degree in Library Science from an institution accredited by an agency recognized by the United States Department of Education or Council for Higher Education Accreditation' or a bachelor's or another graduate degree from a similarly accredited institution. Library directors may also have work experience in libraries, which is included in Act 242.
SB 536 will be heard by the Senate Committee on State Agencies and Governmental Affairs.
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