(a) For purposes of this section: (1) "Public library" means any library in this State which is open to the public and receives funding from this State or from a county or municipality of this State. "Public library" includes privately incorporated public libraries and county libraries. "Public library" does not include public school libraries, libraries within institutions of higher education, or Department of Correction libraries. (2) "Library materials" or "material" includes books, periodicals and serials, audio materials, audiovisual materials, instructional materials, maps, databases, government documents, records, photographs, and other similar materials, whether in tangible or electronic form. (b) This State establishes the following public library collection development principles: (1) Library materials, services, and resources exist and should be provided for the interest, information, and enlightenment of all persons the public library serves. (2) A public library may not exclude or remove material from its catalog because of the origin, background, or views of a person who created the material. (3) A public library may not exclude or remove material from its catalog because of partisan, ideological, or religious disapproval. (4) Nothing in this section is intended to override or negate any provision of state law relating to material that is in violation of Title 11, Chapter 5, subchapter VII, Subpart C. (c) A public library must adopt and follow a written collection development policy for the operation of a library that is consistent with the public library collection development principles established under subsection (b) of this section. The collection development policy must include a procedure for requesting the removal of library material within a public library. In addition, the collection development policy must include the following provisions: (1) Library materials under review due to an objection must remain available for use by public library patrons until the review process is concluded. (2) Only a resident, business owner, property owner of the area the public library serves, or a taxpayer of a library district financing a library, may submit an objection to material in that library. (3) An individual may only submit 1 objection to library material at a time. An individual may submit a second objection to library material after the previous objection has completed the review process, including any appeals. (d) The governing board or body of a public library may not dismiss, suspend, discipline, demote, reassign, transfer, or otherwise retaliate against an employee or contractor for acting in a manner consistent with the Delaware public library collection development principles under subsection (b) of this section or the collection development policy under subsection (c) of this section. (e) The Division of Libraries, in cooperation with the Library Consortium, shall develop model policies and procedures that public libraries may use to ensure compliance with this section. (f) The Division of Libraries may make rules and regulations governing an appeal from a final decision made by a public library regarding a request for removal of library material. The appeals process may include a review by the Delaware Library Consortium Public Libraries Policy Steering Committee or the Council on Libraries. The State Librarian must make the final decision regarding a request for removal of library material from a public library. (g) Notwithstanding any provision of § 10002 of this title to the contrary, all records relating to material objections, removals, the review process, appeals, and appeal decisions, including the reasons for material removal, if applicable, are considered public records under Chapter 100 of this title.
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