North Carolina HB 902: Free to Learn - Library Bill of Rights Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 902

Short Title: Free to Learn - Library Bill of Rights Act. (Public)
Sponsors: Representatives von Haefen, Morey, Dew, and Greenfield (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 14, 2025
*H902-v-1*
A BILL TO BE ENTITLED 1
AN ACT ENACTING THE FREE TO LEARN – LIBRARY BILL OF RIGHTS ACT AND 2
APPROPRIATING FUNDS FOR THAT PURPOSE. 3
The General Assembly of North Carolina enacts: 4
SECTION 1.1.(a) The General Statutes are amended by adding a new Chapter to 5
read: 6
"Chapter 125A. 7
"Free to Learn – Library Bill of Rights. 8
"Article 1. 9
"General Provisions. 10
"§ 125A-1. Short title. 11
This Chapter shall be known and may be cited as the "Free to Learn – Library Bill of Rights 12
Act." 13
"§ 125A-2. Purpose. 14
The purpose of this Chapter is to establish and protect the rights of North Carolina residents 15
to access information, preserve intellectual freedom, maintain privacy, and participate in library 16
services without discrimination or undue restriction. 17
"§ 125A-3. Definitions. 18
The following definitions apply in this Chapter: 19
(1) City. – As defined in G.S. 160A-1. 20
(2) Interlocal agreement. – An agreement between two or more governmental 21
units to jointly provide library services pursuant to G.S. 160A-461. 22
(3) Library. – As defined in G.S. 125-18. 23
(4) Library materials. – Books, periodicals, newspapers, audio and video 24
recordings, online resources, databases, and other information resources made 25
available by a library, and as defined in G.S. 153A-263. 26
(5) Library programs. – Educational, cultural, recreational, or informational 27
events, activities, or presentations sponsored or cosponsored by a library. 28
(6) Library records. – As defined in G.S. 125-18. 29
(7) Library services. – Programs, activities, and functions provided by a library 30
to its users, consistent with the "free library services" provisions in 31
G.S. 125-14 and G.S. 153A-264. 32
(8) Regional library system. – A library system established pursuant to G.S. 125-8 33
that serves multiple counties or cities through a cooperative arrangement. 34
"§ 125A-4. Scope; application. 35

General Assembly Of North Carolina Session 2025
Page 2 House Bill 902-First Edition
(a) The provisions of this Chapter apply to all libraries in this State. 1
(b) This Chapter applies to online services, digital resources, and internet access provided 2
by libraries, as well as to physical materials and in-person services. 3
(c) The rights established in this Chapter supplement and do not replace or supersede 4
other rights and responsibilities regarding library operations, management, and services 5
otherwise expressly stated in Chapter 125, 153A, or 160A of the General Statutes. 6
(d) Nothing in this Chapter restricts the authority granted to libraries, library boards, or 7
the State Library under Chapter 125, 153A, or 160A of the General Statutes. 8
"§ 125A-5. Interlocal agreements and regional systems. 9
(a) When libraries operate under interlocal agreements pursuant to G.S. 160A-461 or as 10
part of regional library systems established under G.S. 125-8, all participating governmental units 11
shall share responsibility for ensuring compliance with this Chapter. 12
(b) Regional library systems shall document how each participating library is 13
implementing the requirements of this Chapter and shall submit this documentation to the State 14
Library annually. 15
(c) The State Library shall provide model language for interlocal agreements and regional 16
library system agreements to ensure compliance with this Chapter. 17
"Article 2. 18
"Rights of Library Users. 19
"§ 125A-6. Right to access information. 20
(a) Every person has the right to access information and ideas through library materials 21
regardless of content, approach, format, or viewpoint of the material. 22
(b) No government entity or public official shall prohibit or restrict access to library 23
materials based solely on their content or viewpoint. 24
(c) This section does not limit the authority of libraries and library boards to develop 25
collections in accordance with professional standards and community needs, as provided in 26
G.S. 153A-266. 27
(d) Libraries may implement reasonable policies concerning access to age-appropriate 28
materials for minors, provided such policies do not unduly restrict access to information and are 29
consistent with professional library standards. 30
"§ 125A-7. Right to access. 31
Every person has the right to fair access to library services, materials, and programs without 32
discrimination based on age, race, national origin, gender, sexual orientation, religion, disability, 33
socioeconomic status, or viewpoint. This right shall be construed in a manner consistent with the 34
"free library service" provisions established in G.S. 125-14 and G