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HB 1977

Suffrage; restore to Jose Williams of Hinds County.

2025 Regular Session Introduced by Grace Butler-Washington

Arkansas libraries would face new rules to keep sexually explicit material off open shelves for children 12 and under, with private lawsuits for parents if exposed.

Died In Committee
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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.

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