Text of MO HB 2044 (2020)

SECOND REGULAR SESSION HOUSE BILL NO. 2044 100TH GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE BAKER. 4634H.01I DANA RADEMAN MILLER, Chief Clerk AN ACT To repeal section 181.060, RSMo, and to enact in lieu thereof two new sections relating to parental oversight of public libraries, with penalty provisions. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Section 181.060, RSMo, is repealed and two new sections enacted in lieu 2 thereof, to be known as sections 181.060 and 182.821, to read as follows: 181.060. 1. The general assembly may appropriate moneys for state aid to public 2 libraries, which moneys shall be administered by the state librarian, and distributed as specified 3 in rules and regulations promulgated by the Missouri state library, and approved by the secretary 4 of state. 5 2. At least fifty percent of the moneys appropriated for state aid to public libraries shall 6 be apportioned to all public libraries established and maintained under the provisions of the 7 library laws or other laws of the state relating to libraries. The allocation of the moneys shall be 8 based on an equal per capita rate for the population of each city, village, town, township, urban 9 public library district, county or consolidated library district in which any library is or may be 10 established, in proportion to the population according to the latest federal census of the cities, 11 villages, towns, townships, school districts, county or regional library districts maintaining public 12 libraries primarily supported by public funds which are designed to serve the general public. No 13 grant shall be made to any public library which is tax supported if the rate of tax levied or the 14 appropriation for the library should be decreased below the rate in force on December 31, 1946, 15 or on the date of its establishment. Grants shall be made to any public library if a public library 16 tax of at least ten cents per one hundred dollars assessed valuation has been voted in accordance 17 with sections 182.010 to 182.460 or as authorized in section 137.030 and is duly assessed and EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 2044 2 18 levied for the year preceding that in which the grant is made, or if the appropriation for the public 19 library in any city of first class yields one dollar or more per capita for the previous year 20 according to the population of the latest federal census or if the amount provided by the city for 21 the public library, in any other city in which the library is not supported by a library tax, is at 22 least equal to the amount of revenue which would be realized by a tax of ten cents per one 23 hundred dollars assessed valuation if the library had been tax supported. Except that, no grant 24 under this section shall be affected because of a reduction in the rate of levy which is required 25 by the provisions of section 137.073 or because of a voluntary reduction in the levy following 26 the enactment of a district sales tax under section 182.802, if the proceeds from the sales tax 27 equal or exceed the reduction in revenue from the levy. 28 3. The librarian of the library together with the treasurer of the library or the treasurer 29 of the city if there is no library treasurer shall certify to the state librarian the annual tax income 30 and rate of tax or the appropriation for the library on the date of the enactment of this law, and 31 of the current year, and each year thereafter, and the state librarian shall certify to the 32 commissioner of administration the amount to be paid to each library. 33 4. The balance of the moneys shall be administered and supervised by the state librarian 34 who may provide grants to public libraries for: 35 (1) Establishment, on a population basis to newly established city, county city/county 36 or consolidated libraries; 37 (2) Equalization to city/county, urban public, county or consolidated libraries; 38 (3) Reciprocal borrowing; 39 (4) Technological development; 40 (5) Interlibrary cooperation; 41 (6) Literacy programs; and 42 (7) Other library projects or programs that may be determined by the local library, library 43 advisory committee and the state library staff that would improve access to library services by 44 the residents of this state. Newly established libraries shall certify through the legally established 45 board or the governing body of the city supporting the library and the librarian of the library to 46 the state librarian the fact of establishment, the rate of tax, the assessed valuation of the library 47 district and the annual tax yield of the library. The state librarian shall then certify to the 48 commissioner of administration the amount of establishment grant to be paid to the libraries and 49 warrants shall be issued for the amount allocated and approved. The sum appropriated for state 50 aid to public libraries shall be separate and apart from any and all appropriations made to the 51 state library. 52 5. No public library shall receive any state aid under this section if such library 53 allows minors to access age-inappropriate sexual materials in violation of section 182.821. HB 2044 3 182.821. 1. This section shall be known and may be cited as the "Parental 2 Oversight of Public Libraries Act". 3 2. As used in this section, the following terms mean: 4 (1) "Age-inappropriate sexual material", any description or representation, in any 5 form, of nudity, sexuality, sexual conduct, sexual excitement, or sadomasochistic abuse, 6 that: 7 (a) Taken as a whole, appeals to the prurient interest of minors; 8 (b) Is patently offensive to prevailing standards in the adult community with 9 respect to what is appropriate material for minors; and 10 (c) Taken as a whole, lacks serious literary, artistic, political, or scientific value for 11 minors; 12 (2) "Geographical area", any village, town, city, county, library district, or other 13 area with established boundaries in which a library is established or for which a library 14 is established to provide library services; 15 (3) "Public library", any library that receives state aid under section 181.060 and 16 that provides public access to age-inappropriate sexual material. 17 3. Each public library shall establish a parental library review board as provided 18 in this subsection. 19 (1) At least thirty calendar days before the election of a board under this 20 subsection, the governing body of the public library shall notify all qualified voters residing 21 within the library's geographical area that an election for members of the library's 22 parental library review board will be held at a regularly convened hearing of the village, 23 town, city, or county in which the majority of the library's geographical area lies. At such 24 hearing, the qualified voters present shall elect the members of the board by a majority 25 vote. The five individuals receiving the highest number of votes cast by the qualified voters 26 present shall be members of the board. 27 (2) The board shall be composed of five adult residents of the public library's 28 geographical area. Each board member shall serve a term of two years. Any vacancy shall 29 be filled in the same manner in which the member was initially elected, except that if a 30 member vacates the office before the end of the member's term, the vacancy shall be filled 31 for the remainder of the unexpired term only. No member of the board shall receive any 32 compensation for any actions related to fulfilling board duties. No member of the board 33 shall be an employee of the library, the state, or any political subdivision thereof. 34 (3) (a) The board shall determine whether any sexual material provided to the 35 public by the public library is age-inappropriate sexual material. To make such 36 determinations, the board shall convene public hearings at which members of the HB 2044 4 37 community may present concerns to the board. After receiving comments from the public, 38 the board shall examine individual instances of the questioned sexual material to determine 39 whether it is age-inappropriate sexual material under this section. 40 (b) The board may order any material deemed to be age-inappropriate sexual 41 material to be removed from public access by minors at the public library. 42 (c) Any such determination or order made by the board shall be the final 43 determination or order on such materials, and shall not be subject to any review by the 44 governing body of the public library, the state, or any political subdivision thereof. This 45 subdivision shall not be construed to prohibit judicial review of any determination or order 46 made by the board under this section. 47 4. Each public library shall, on or before June thirtieth of each year, verify 48 compliance with this section on any form created by the board. After such compliance is 49 verified, the library shall post the verification in a conspicuous place for public viewing at 50 the library. 51 5. Any public library personnel who willfully neglects or refuses to perform any 52 duty imposed on a public library under this section, or who willfully violates any provision 53 of this section, is guilty of a misdemeanor and on conviction shall be punished by a fine of 54 not more than five hundred dollars or by imprisonment in the county jail not to exceed one 55 year. T