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SB 1090

AN ACT RELATING TO TOWNS AND CITIES -- ZONING ORDINANCES

2025 Regular Session Introduced by Jake Bissaillon and 1 co-sponsor

SB 1090 bans schools and public libraries from referring minors to sexually explicit materials, permits parental consent exceptions for schools, and imposes felony penalties for ne

06/27/2025 Signed by Governor
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Bill Summary · SB 1090

SB 1090 — REGULATION‑TECH (Introduced Feb 4, 2025) — Summary

Note: The submitted document contains text from multiple unrelated bills filed in other states that share the number “SB 1090” (Hawaii — photovoltaic/EV readiness; Illinois — technical amendment). This summary focuses on the Arizona bill text introduced by Senator Jake Hoffman (with Representatives Joseph Chaplik and Rachel Keshel), which addresses sexually explicit materials in public schools and libraries.

Purpose / Intent

To restrict public‑school and public‑library employees and independent contractors from referring to, using, or facilitating access to sexually explicit materials for minors; to establish narrow school exemptions with parental consent; and to create criminal penalties for employees/contractors who negligently violate the prohibitions.

Key provisions

  • Schools (amendment to A.R.S. § 15-120.03)

    • Prohibits public schools from referring students to or using any “sexually explicit material,” except as allowed under A.R.S. § 15-711.
    • Creates a limited exemption: a material may be used only if all three conditions are met:
    • The material has serious educational, literary, artistic, political, or scientific value for minors;
    • The school obtains written parental consent on a per‑material basis before referring or using the material; and
    • An alternative assignment without sexually explicit material must be provided to students for whom parental consent is not secured.
    • Criminal penalty: an employee or independent contractor who, acting with criminal negligence, violates the section is guilty of a Class 5 felony.

  • Libraries (new Article 2 added to Title 34, Ch. 5 — 34-521)

    • Prohibits any employee or independent contractor of a public library from referring an un‑emancipated minor to sexually explicit material or from facilitating a minor’s access to such material in any manner.
    • Criminal penalty mirrors the school provision: criminal negligence by an employee/contractor is a Class 5 felony.
    • Defines “public library” as libraries open to the public and supported in whole or part by state or local funds (explicitly includes city/town free public libraries, county free libraries, and the state library).
    • Adopts detailed definitions of “sexually explicit materials,” covering textual/visual/audio/other media that depict:
    • Sexual conduct (masturbation, sexual intercourse, physical contact with genitals/pubics/buttocks/breasts),
    • Sexual excitement (genital arousal), and
    • “Ultimate sexual acts” (vaginal/anal intercourse, fellatio, cunnilingus, bestiality, sodomy), including simulated acts.

  • Statutory headings: Changes chapter and article headings within Title 34, Ch. 5 (e.g., “COMPUTER ACCESS” → “PUBLIC ACCESS TO COMPUTERS AND LIBRARIES”) to reflect the added library article.

Who is affected

  • Public schools and school employees/independent contractors in Arizona.
  • Public libraries and library employees/independent contractors that receive state or local funding.
  • Un‑emancipated minors (special protections in library provisions) and parents (per‑material written consent for school exemptions).
  • Potentially library collections, staffing practices, and school curricular/material review processes.

Penalties and enforcement

  • Violations by employees or contractors acting with criminal negligence are classified as Class 5 felonies under the bill.

Procedural status (as provided)

  • Introduced: Feb 4, 2025.
  • Status: Rule 3‑9(a) / Re‑referred to Assignments (most recent status shown).
  • Sponsors: Primary — Jake Hoffman; Cosponsors — Joseph Chaplik, Rachel Keshel.
  • Related: HB 243 listed as a companion.

Potential implications to note

  • The library provisions are stricter than the school exemption regime (no parental‑consent exception for libraries; blanket prohibition on referrals/facilitation for un‑emancipated minors).
  • The criminalization of negligent conduct by employees/contractors could affect personnel training, collection development policies, and how schools/libraries handle requests or referrals to materials.
  • Implementation would likely require new administrative procedures (parental consent forms, alternative assignments, staff guidelines) and could prompt legal challenges (e.g., on speech/First Amendment grounds), though this summary does not assess constitutionality.

If you want, I can:
- Produce a side‑by‑side comparison of current law vs. changes proposed by SB 1090; or
- Extract the separate Hawaii and Illinois SB1090 texts into separate summaries.

Compiled from official sources — confirm details with the bill’s official record.

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