N.J.S.A. 18A:73-33 — Position of State Librarian established, duties.

18A:73-33 Position of State Librarian established, duties. 18. The position of State Librarian is hereby established. The President of Thomas Edison State College shall appoint the State Librarian. The State Librarian shall head the State Library and shall, with the approval and under the supervision of Thomas Edison State College: (a) Direct and administer the work of the library; (b) Administer all laws which are by their terms included under the jurisdiction of the library; (c) Establish and organize the bureaus therein; (d) Allocate the duties to be performed by the personnel of the State Library and the bureaus established within the library; (e) Prescribe such rules and regulations, not inconsistent with law, as may be necessary to effectuate his powers and duties under this act; (f) Prescribe minimum standards of service for libraries in the State of New Jersey as may be necessary to effectuate the State Librarian's powers under the law. L.1969,c.158,s.18; amended 2001, c.137, s.9. 18A:73-33a Definitions regarding public libraries. 8. As used in sections 9 through 12 of this act: "Censorship" means to block, suppress, or remove library material based on disagreement with a viewpoint, idea, or concept or solely because an individual finds certain content offensive, but does not include limiting or restricting access to any library material deemed developmentally inappropriate for certain age groups. "Diverse and inclusive material" means material that reflects any protected class as enumerated in the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.); material produced by an author who is a member of a protected class as enumerated in the "Law Against Discrimination," P.L.1945, c.169 (C.10:5-1 et seq.); and material that contains the author's points of view concerning contemporary problems and issues, whether international, national or local. "Governing body" means a board of trustees, director or other chief administrative officer, a county library commission, or board of county commissioners of a public library. "Individual with a vested interest" means any resident who is served by the public library or resides in a county or municipality where the library is situated. "Library material" means any material including, but not limited to, nonfiction and fiction books, magazines, reference books, supplementary titles, multimedia and digital material, and software and instructional material belonging to, on loan to, or otherwise in the custody of a public library. "Public library" means a library that serves, free of charge, all residents of an area as established pursuant to chapter 33 or chapter 54 of Title 40 of the Revised Statutes and receives financial support, in whole or in part, from public funds or a library established pursuant to N.J.S.15A:1-1 et seq. and receiving public funds pursuant to R.S.40:54-35. L.2024, c.96, s.8. 18A:73-33b Public library, material curation policy. 9. a. In addition to the duties prescribed in section 18 of P.L.1969, c.158 (C.18A:73-33), the State Librarian, in consultation with the New Jersey Library Association, shall establish a model policy on the curation of library material within a public library. The purpose of the curation policy is to: provide standards for the curation of library material; establish criteria for the removal of existing library material or library material selected for inclusion in the public library; and provide protection against attempts to censor library material. b. The model policy shall, at a minimum: (1) recognize that public libraries serve as centers for voluntary inquiry and the dissemination of information and ideas; (2) promote the free expression and free access to ideas by residents by prohibiting the censorship of library material; (3) acknowledge that library material shall not be removed from a public library because of the origin, background, or views of the library material or those contributing to its creation; (4) recognize that library material should be provided for the interest, information, and enlightenment of all people and should present diverse points of view in the collection as a whole; (5) acknowledge that a librarian is professionally trained to curate and develop collections that provide residents with access to the widest array of library material available to the public library; and (6) establish a procedure for a librarian to review library material within a public library on an ongoing basis, which shall include, but not be limited to: the library material's relevance; the condition of the library material; the availability of duplicates; the availability of more recent material; and the continued demand for the library material. c. The model policy shall be updated as the State Librarian and New Jersey Library Association deem necessary. d. A governing body of a public library shall adopt the model policy established pursuant to this section. If a public library has a policy that complies with the requirements of subsection b. of this section as of the effective date of this act, the library shall not be required to take further action. e. The governing body of a public library, in consultation with staff members of a public library, including a librarian employed by a public library, shall have discretion in selecting, purchasing, or acquiring library material for inclusion in the public library. Nothing in this section shall be construed to require a governing body of a public library to purchase, or otherwise acquire, library material for a public library. L.2024, c.96, s.9. 18A:73-33c Removal request procedure, public library. 10. a. In addition to the duties prescribed in section 18 of P.L.1969, c.158 (C.18A:73-33), the State Librarian, in consultation with the New Jersey Library Association, shall establish a model policy creating a procedure regarding a request for removal of library material within a public library. b. The model policy shall, at a minimum, require: (1) the creation of a request for removal form, based on the model removal form established by the State Librarian, that may be submitted by an individual with a vested interest to the governing body of the public library in which the library material is challenged to initiate a review of the material. The form shall require the individual with the vested interest to specify which sections of the library material the individual objects to and an explanation of the reasons for the objection; (2) the governing body appoint a review committee, consisting of: (a) at least one member of the governing body; (b) a librarian employed by the public library; (c) a staff member, who is not a librarian, of the public library that is familiar with the library material; (d) a representative selected by the governing body; (e) a resident serviced by the public library, provided the resident selected is not the individual who submitted the form; and (f) any additional members the governing body deems necessary; (3) a challenged library material remain within the public library and available for a resident to reserve, check out, or access until there is a final decision by the review committee; (4) the review committee to evaluate the request for removal form, review the challenged library material, and report in writing its recommendations to the governing body on whether to remove the library material within 30 business days from the date of receiving the form. A copy of the committee's report shall also be provided to the individual with a vested interest who filed the form; and (5) require the governing body to review the committee's report and make a final determination on whether the library material is to be removed from the public library or limited in use. The governing body shall provide a written statement of reasons for: (a) the removal, limitation, or non-removal of a library material; and (b) any final determination that is contrary to the recommendations of the review committee; and (6) provide that a library material that has been challenged pursuant to paragraphs (1) through (5) of this subsection shall not be subject to a subsequent challenge for at least one year. c. The model policy shall be updated as the State Librarian and New Jersey Library Association deem necessary. d. A governing body of a public library shall adopt the model policy established pursuant to this section. In the event a public library has a policy that complies with the requirements of subsection b. of this section as of the effective date of this act, the library shall not be required to take further action. e. A governing body determination issued in accordance with the policy established in subsection b. of this section shall be final and binding for a period of five years. f. Nothing in this section shall be construed as creating a separate legal cause of action regarding any determination issued pursuant to the policy established pursuant to subsection b. of this section. L.2024, c.96, s.10. 18A:73-33d Censorship of public library material prohibited, right to reserve, check out. 11. a. A governing body of a public library shall not remove library material from a public library because of the origin, background, or views of the library material or those contributing to its creation and shall not engage in censorship of library material. b. The governing body of a public library shall allow a resident to reserve or check out any library material, including diverse and inclusive material. L.2024, c.96, s.11. 18A:73-33e Immunity, public library staff. 12. Any staff member of a public library, including a librarian employed by a public library, shall be immune from civil and criminal liability arising from good faith actions performed pursuant to the provisions of sections 9 through 11 of this act. L.2024, c.96, s.12.

This is the verbatim text of N.J.S.A. 18A:73-33, retrieved from the New Jersey Legislature's public statute corpus. Statutes are amended periodically — for the most current version, check the external source link above. Kyzer is not a law firm and this page is not legal advice.