WeVote
Log In

Bill

Bill

HB 1977

Children; Child Welfare Act of 2025; effective date.

2025 Regular Session

The bill would require libraries to keep sexually explicit materials off open shelving in children’s sections and allows parents to sue for exposure.

Second Reading referred to Rules
0
WeVote Research Nonpartisan
Bill Summary · HB 1977

Summary — HB 1977 (“Protecting Childhood Innocence in Libraries Act”)

Status: Died in committee (House) — Sine Die adjournment, May 5, 2025
Introduced: January 22, 2025
Primary Sponsors: Rep. Bentley; Sen. A. Clark
Jurisdiction targeted in text: Arkansas (amendments to Arkansas Code Title 6 and Title 13)

Purpose / Intent

HB 1977 sought to restrict access to sexually explicit materials in public school and taxpayer‑funded library children’s sections and to give parents a private right of action if their child were exposed to such material on open shelving. The bill frames the intent as protecting parents’ rights to control when/how children are educated about sex and ensuring children’s library sections contain age‑appropriate materials.

Key provisions / changes proposed

  • Creates the “Protecting Childhood Innocence in Libraries Act.”
  • Adds a new section to Arkansas Code Title 6 (public school libraries): § 6‑21‑122.
    • Requires public school libraries to take “reasonable steps” to keep sexually explicit material off open shelving in children’s library areas.
    • Prohibits placing sex‑education materials on open shelving in children’s sections; such materials may be accessed or checked out by a child age 12 or under only upon parent/guardian request.
    • Establishes a private cause of action for a parent/guardian whose child was exposed to sexually explicit material in a children’s library section, allowing damages, declaratory and injunctive relief; prevailing plaintiffs may recover reasonable attorney fees and costs.
    • Two‑year statute of limitations for civil actions.
    • Defines terms: “age‑appropriate material” (for children ≤12 and free of sexually explicit material), “children’s library section,” “open shelving,” “sex education materials,” and “sexually explicit material” (enumerates specific graphic sexual acts; excludes sex‑education materials and non‑graphic mentions).
  • Adds a substantially parallel section to Arkansas Code Title 13 for taxpayer‑funded libraries: § 13‑2‑108 (same prohibitions, causes of action, definitions). Defines “taxpayer‑funded library” to include county and municipal libraries.

Fiscal impact

  • Fiscal Impact Statement (Arkansas Department of Education, 4/7/2025): No fiscal impact reported.

Who would be affected

  • Public school libraries and other taxpayer‑funded libraries in Arkansas (staff, boards, and acquisition/collection practices).
  • Parents and guardians of children age 12 and under.
  • Children who use public and taxpayer‑funded libraries.
  • Potentially local governments (liability exposure, legal defense) though ADE indicated no fiscal impact.

Enforcement, remedies & procedural aspects

  • Enforcement is through private civil suits by parents/guardians (injunctive/declaratory relief, damages, attorney fees and costs).
  • Civil suits must be filed within two years of the cause of action.
  • The bill does not define the specific operational steps that constitute “reasonable steps,” potentially creating implementation and litigation questions about library policies and collection decisions.

Legislative timeline (selected)

  • Filed: Jan 22, 2025
  • Public hearing / testimony recorded: Mar 25, 2025
  • Died in House Committee at Sine Die adjournment: May 5, 2025

Potential practical effects (if enacted)

  • Libraries would likely need to review and possibly reclassify shelving/placement policies and develop procedures for parental requests to access sex‑education materials for children ≤12.
  • Increased risk of litigation and administrative burdens for libraries over contested materials and interpretation of “sexually explicit” and “reasonable steps.”
  • Possible chilling effect on acquisitions or display decisions in children’s sections to avoid liability.

Note: Document materials included internal edits and cross‑references to state law; the bill as introduced applied to Arkansas statutes (Titles 6 and 13).

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

Sign in to ask a question.