§ 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.