SB536 Is a Step Backward for Arkansas
Senate Bill 536 (SB536) proposes new and restrictive requirements for libraries across Arkansas and offers no additional funding or resources. In addition, it completely abolishes the Arkansas State Library that systems around the state rely on to connect them to shared resources. This misguided bill could have disastrous consequences for libraries—particularly those in rural areas—and the communities that rely on them.
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Local Communities Know Best
Perhaps the most concerning aspect of SB536 is how it undermines local decision-making. The bill would reduce the autonomy of local governing bodies, which are best equipped to make decisions that reflect the unique needs of their communities. Whether it’s setting library hours, determining education requirements for library directors, or curating collections, these are decisions best made locally. SB536 risks undermining the local control that ensures libraries remain flexible and responsive to the specific needs of their patrons.
Overburdening the Department of Education and the Arkansas State Archives
SB536 also places an undue burden on the Arkansas Department of Education, requiring the department to take on new compliance and regulatory responsibilities for all libraries in the state. The department is already backlogged; several libraries have been waiting for state aid approval for over years. If the department has been unable to address this backlog, it’s unreasonable to expect them to take on additional responsibilities. This added burden could further delay crucial support for libraries, undermining their ability to function effectively.
The Arkansas State Archives is not prepared to absorb all of the depository responsibilities of the state library with no notice. SB536 would strain resources, reduce public access, and risk non-compliance. Depository libraries and legislators rely on the State Library’s coordination and expertise. Without proper staff training and funding, this move could disrupt access to vital government information for Arkansas residents.
Risk of Losing Federal Funding
SB536 could put Arkansas libraries at risk of losing vital federal funding, especially through the Library Services and Technology Act (LSTA). Legal inconsistencies and operational inefficiencies created by the bill could cause libraries to inadvertently violate federal guidelines and lose out on important funding. The bill’s complex reporting and regulatory requirements add administrative burdens, taking staff time away from the core functions of libraries—serving patrons and providing educational programs.
Small, Rural Libraries Disproportionately Affected
Small, rural libraries will bear the brunt of SB536’s new requirements. These libraries already operate with limited staff and tight budgets, and SB536’s new strict hour requirements only exacerbate these challenges. Without the necessary resources, these libraries could be forced to reduce quality services or even close altogether. For many rural communities, libraries are essential hubs for access to information, technology, and educational resources. The bill's mandate could prioritize extended hours over vital programs, leading to a diminished ability to serve the needs of the community.
Requires Unconstitutional Restrictions
SB536 establishes that public libraries must prohibit access to age-inappropriate materials for individuals aged 16 and younger to receive state funds, but prohibiting access to materials has been found to be illegal over and over again. This bill would require librarians to put themselves on the opposite side of the law to remain eligible for state funding, and to make decisions about "appropriateness" that should be left to parents.
Unnecessary Disruption
Finally, SB536 would unnecessarily complicate the management of Arkansas libraries by transferring control of the Arkansas State Library (ASL) to the Department of Education. Public libraries are already well-defined in state law, and local governing bodies have the authority and resources to manage them effectively. This proposed transfer introduces unnecessary complexity that could disrupt the current structure and hinder the vital services libraries provide to their communities.