After hosting nearly two hours of energized public testimony after a committee meeting that had already lasted all day Wednesday, Wyoming lawmakers chose to table a bill aimed at fining libraries for offering sexually explicit materials to kids.
The Joint Judiciary Committee now plans to “work” or refine the library bill at its Oct. 13 meeting.
“I’ve heard swirls that there are amendments to this bill, so that’s why I propose (tabling it) as an option,” said committee Co-Chair Sen. Jared Olsen, R-Cheyenne.
Olsen has been a longtime proponent of library reform.
Rep. Tom Kelly, R-Sheridan, another proponent of library reform, agreed.
“I think our heads are a little fried,” said Kelly in the wake of the lengthy debates and daylong meeting. “We need to think a little more clearly.
“We need some more time to talk to more people and make sure we fine-tune any amendments we do have, rather than slap something together tonight when we’re already exhausted.”
Public turnout at the meeting in Casper was significant, with people arguing on both sides of the issue.
Controversies surrounding sexually-explicit books have pervaded Wyoming communities for about three years, prompting library board turnover in at least two counties; an ousted library director's lawsuit against her county and members of her community; and multiple attempts to address the issue from a state law vantage.
The Wyoming Legislature so far, however, has rejected obscenity-related library reform.
Taking You To Court
The proposed bill as it now sits would render governmental entities liable for “damages” from kids finding sexually explicit materials in school or public library sections designated for age groups younger than 18.
It would also make libraries and school districts liable for a civil penalty of $50,000 for each time a kid accesses sexually explicit materials in the kids’ section.
Any “interested party” could sue the library or school district, and could also win attorney’s fees, damages, costs, and other legal remedies.
The definition of sexually explicit materials in the bill includes graphic descriptions of sexual acts. It is more specific than and does not match Wyoming’s definition of “obscenity,” which tracks roughly with U.S. Supreme Court case law on the matter.
Bill opponents at the meeting called the legislation’s definitions overbroad and said it violates the premise of local government control over local issues, and it disregards parents’ responsibility to govern what their children can access at the library.
Proponents, conversely, said the definitions are straightforward, libraries have gone downhill, and librarians should work to uphold the trust parents place in them.
People on both sides of the issue questioned the $50,000 civil penalty as excessive.
“Given the statutory interpretational rule that every word must mean something, it seems like you’re creating separate liabilities on every staff member,” said Rep. Ken Chestek, D-Laramie.
Chestek, a retired University of Wyoming law professor, has long opposed state legislative library reform, saying local libraries do a fine job with their own collections and policies.
He worried aloud that the penalty will incentivize lawsuits against libraries, which some witnesses said run on a shoestring budget already.
From the opposite side of the issue, Rep. Marlene Brady, R-Green River, offered to reduce that to a $5,000 “per book” fine instead.
The committee didn’t take that proposal up because it didn’t reach the amendment-crafting phase before tabling the bill.
A Burst Of Laughter
Some of the bill’s mechanisms are humorous — at least to the committee attendees.
Civil penalties like the $50,000 one contemplated go toward the local school districts of the entity fined, a legislative staffer told the committee.
Sen. Gary Crum, R-Laramie, toyed with the idea.
“Let’s say a school district gets fined — we’re using $50,000 — and (that money then) goes to the school fund …”
Meeting attendees burst into laughter.
“Is it a wash?” concluded Crum after a pause.
“You know, unless I’m mistaken about the disposition of civil penalties, that’s correct,” said Brian Fuller, deputy administrator of the Legislative Service Office’s (LSO) legal services division.
LSO staffers are legal analysists who help craft legislation but defer to lawmakers on changes that form “policy questions.”
Olsen interjected, saying the money would still be redistributed among other schools, so other school districts could benefit from the errant district’s breach. But, he clarified, that only applies where more than one school district sits in that county.
Kelly said it may be wise to refine language around what comprises a “violation.”
“So, if five students pass around a book, is that five violations?” Kelly asked. “Can we clarify what would constitute a single violation?”
The committee may wish to consider that, answered Fuller.
Table, Table
The library bill is one of multiple bills legislative committees tabled this week for later consideration, as both the Judiciary and the Joint Corporations, Elections and Political Subdivision committees held meetings well into the evening and flooded with passionate public testimony — and amendment proposals.
Both committees have late-interim meetings in the fall.
Wyoming’s lawmaking session begins Feb. 9.
Clair McFarland can be reached at clair@cowboystatedaily.com.
