Multimedia Reporting (Kuhr-Musser)

Libraries across Kansas are upset with a proposed state law that would prohibit the viewing of pornographic websites and circulation of R-rated movies to minors.

The bill, which won first round approval in the Kansas House of Representatives on February 8, would take the authority to make the decision on the circulation of these materials away from the local Library Boards.

“State statute in Kansas defines the local Library Board of Trustees as the governing body for the local library,” Bruce Flanders, Director of the Lawrence Public Library, said. “The Board is charged with setting policy for the local library, which is always done to meet local expectations for service.”

Flanders added that what may be a good decision in some parts of the state might not be seen the same way in a place like Lawrence or Kansas City.

“That's my philosophical problem with the proposed legislation,” Flanders said.

The penalty for violating the proposed law would be a withdrawal of state funding for the violating library. In Lawrence’s case, this would amount to about $60,000, a relatively small portion of the library’s funding, but one that Flanders said was still important.

“The restrictions would not be accepted by some public libraries, probably, who would choose to live without state funding rather than give up their local authority,” Flanders said. He did not think this would be the case in Lawrence, but had not yet spoken with the Library Board about that possibility.

The bill was first intended to deal with levies for property valuation of regional libraries, but was amended by Rep. Becky Hutchins, R-Holton, to include the restrictions.

Rep. Jene Vickrey, R-Louisburg, introduced the original bill and, although he would have preferred his bill be passed without controversy, agrees with the spirit of the amendment.

“If inappropriate material is there, we need to make sure children are protected from that material,” Vickrey said. He noted that the amendment was prompted by concerns in other Representatives’ districts which he agreed would necessitate some sort of policy.

Vickrey said that he would generally support the local Library Board’s authority and would hope that any problems could be solved without state intervention. But, he said, the law is necessary “if this is the only remedy for that situation.”

Hutchins introduced a similar proposal in 2004. That legislation was approved by the House but was not passed by the Senate. Vickrey is currently in negotiations to get the bill on the agenda of a Senate committee, but he knows that would not be enough to guarantee its passage.

“It wouldn’t surprise me if didn’t get past the Senate again,” Vickrey said.

One issue libraries have with the legislation is that they believe they are already doing enough to limit inappropriate materials.

“We basically focus on limiting access to explicit material on the Internet, since there is the equivalent of X or NC-17 rated material on the Internet,” Flanders said. “Beyond our own efforts, it is really up to parents to control the viewing and reading habits of their children.”

Flanders is also concerned with the logistics of implementing the R-rated movie policy and identifying minors at a library large enough to have automated circulation.

Flanders said that despite his understanding that the legislation is motivated by genuine concern rather than politics, he is worried about the message that would be sent if the law was passed.

“I think it has the potential to be a slippery slope,” Flanders said. “I would hate to see this legislation succeed, because it might embolden people to try to ban books."