Dear Friends,

I’m sharing this with you because this could have a significant impact on all libraries in Oklahoma, including ours.

Please consider writing, calling or e-mailing your state representative about your concerns. They will be voting next Thursday or Friday. Please contact your representatives by Wednesday to make sure that they will hear from library advocates on this issue.

To find the name and contact information of your Representative in the Oklahoma Legislature go to http://www.capitolconnect.com/oklahoma/default.aspx and type in your address. Your State Representative will be the last one listed.

If you would like to discuss this or if you need help formulating a message, please don't hesitate to contact me.

Susan Babbitt (Collinsville Library)

It is urgent that you educate yourself, your staff and your customers on Oklahoma House Bill 2158. In order for the bill to progress, the House must act on it by next Friday. If passed, this moves to the Senate. If it becomes law, it impacts our livelihood and will have serious ramifications for public libraries in the state of Oklahoma. A copy of the bill will be available on-line March 10.

Below is the Library Commission’s official statement on this issue.

If you have any questions, please direct them to any member of the Leadership Team.

March 9, 2006

Proposed Oklahoma House Bill 2158 requires the segregation of library materials for children and young adults which have homosexual or sexually explicit content. It prohibits any person under age 18 from borrowing these materials. Non-compliance forces a public library to close its doors.

The existing law is adequate to protect all of the library’s readers. Sexually explicit material is defined as obscenity and state law prohibits distribution of obscene material to any person. The Tulsa City-County Library system does not have or distribute such material to any reader and especially not to children. The Tulsa system is in compliance with existing state law.

The Tulsa City-County Library Commission voted on Feb. 16 to “adamantly oppose” HB 2158 as part of its annual legislative plan. The proposal is overly broad and unnecessarily punitive in that it might require libraries to close for even an unintended or accidental violation.

William C. Kellough, chairman of the TCCL Commission, today released the following statement:

“The public library distributes books and other media which are broadly representative of human thought. In a diverse, pluralistic democracy not everyone will believe or like what they read. Library materials are representative of all social, political, religious and cultural points of views. Homosexuality is a reality. What would prevent other topics of reality from becoming off limits to young people who are free citizens entitled to free exercise of speech and thought?”

The Commission’s legislative plan encourages commissioners to communicate opposition to the bill to all legislators, directs library staff to educate citizens and encourages citizen opposition.

Shelley Campbell, APR

Public Relations Manager
400 Civic Center
Tulsa, OK 74103
596-7948

2nd Session of the 50th Legislature (2006)

COMMITTEE SUBSTITUTE
FOR HOUSE BILL NO. 2158 By: Kern

COMMITTEE SUBSTITUTE

An Act relating to libraries; prohibiting certain governing bodies or boards from expending funds for a public library unless certain action is taken and policies are in place; providing certain definition; prohibiting Oklahoma Department of Libraries Board from allocating certain state funds to a public library unless certain action is taken or policies are in place; prohibiting certain library boards or commission from expending funds for a public library unless certain action is taken or policies are in place; requiring public libraries to submit an annual report; stating contents of the report; directing public libraries to follow certain standards in developing certain policy; providing certain definition; providing for codification; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 31-109 of Title 11, unless there is created a duplication in numbering, reads as follows:
A. A municipal governing body or its appointed library board shall not expend or authorize the expenditure of any funds available for the operation of a public library unless the library has taken action to place all children and young adult materials that contain homosexual or sexually explicit subject matter in a special area of the library which is separate and apart from the children and young adult sections of the library and the library has a policy in place to limit distribution of the material to adults only.
B. For purposes of this section, "sexually explicit subject matter" means content that describes or depicts sexual conduct as defined in Section 1024.1 of Title 21 of the Oklahoma Statutes.
SECTION 2. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 2-110 of Title 65, unless there is created a duplication in numbering, reads as follows:
A. The Oklahoma Department of Libraries Board shall not grant or distribute any state funds that are allocated to libraries on a formula basis to any library, library district, or library system unless the library has taken action to place all children and young adult materials that contain homosexual or sexually explicit subject matter in a special area of the library which is separate and apart from the children and young adult sections of the library and the library has a policy in place to limit distribution of the material to adults only.
B. A library board or commission authorized pursuant to any provision of Title 65 of the Oklahoma Statutes shall not expend or authorize the expenditure of any funds available for the operation of a public library unless the library has taken action to place all children and young adult materials that contain homosexual or sexually explicit subject matter in a special area of the library which is separate and apart from the children and young adult sections of the library and the library has a policy in place to limit distribution of the material to adults only.
C. Each public library which receives funds as provided for in subsection A or B of this section shall annually submit to the Oklahoma Department of Libraries a written report outlining the actions taken by the library to place all children and young adult materials that contain homosexual or sexually explicit subject matter in an adult or special area of the library. The report shall also include a copy of the policy adopted by the library to limit distribution of the material to adults only.
D. Public libraries, in developing a policy to limit distribution of material as provided for in subsections A and B of this section, shall reflect the contemporary community standard of the community in which the library is located and shall ensure that the rights and decisions of the parent to control access to the restricted material for their child is upheld.
E. For purposes of this section, "sexually explicit subject matter" means content that describes or depicts sexual conduct as defined in Section 1024.1 of Title 21 of the Oklahoma Statutes.
SECTION 3. This act shall become effective November 1, 2006.

50-2-9673 KB 03/03/06