SB1812 103RD GENERAL ASSEMBLY

LRB103 28287 AWJ 54666 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1812

Introduced 2/9/2023, by Sen. Mike Simmons

SYNOPSIS AS INTRODUCED:

50 ILCS 105/4.2 new

Amends the Public Officer Prohibited Activities Act. Provides that a public officer, employee, board, or representative of a governmental unit may not ban or otherwise prohibit a book from being available for reading or circulation by members of the public in a library, school, or other publicly funded facility. Provides that the provisions do not restrict the ability to limit books in schools or in another publicly funded facility based upon the age and development level of persons who will have access to those books. Limits the concurrent exercise of home rule powers.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Public Officer Prohibited Activities Act is amended by adding Section 4.2 as follows:

(50 ILCS 105/4.2 new)

Sec. 4.2. Book banning prohibited.

(a) As used in this Section, "governmental unit" means a unit of local government or school district.

(b) A public officer, employee, board, or other representative of a governmental unit may not ban or otherwise prohibit a book from being available for reading or circulation by members of the public in a library, school, or other publicly funded facility.

(c) This Section does not restrict the ability to limit books in schools or another publicly funded facility based upon the age and development level of persons who will have access to those books.

(d) A home rule unit may not regulate books in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.