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Committee withdraws motion on library obscenity restriction; asks LSO to research digital apps and House Bill 43 applicability
Summary
A motion to draft a bill restricting access to obscene material by minors via library digital resources was withdrawn and LSO was asked to research how existing law (House Bill 43) and age-verification rules might apply to library apps such as Libby, Hoopla and others.
A motion to draft legislation to prohibit access by minors to obscene online library materials was withdrawn after lawmakers and counsel asked for more research on whether state law can reach national, private digital platforms used by libraries.
Representative Singh opened the discussion by proposing a bill to draft “some sort of guidelines for the libraries to prohibit the access of obscene materials to those under the age of 18 on the website.” Representative Lane seconded the motion, but later the sponsor withdrew it and asked the Legislative Service Office (LSO) to study the issue and report back at the next meeting.
Representative Chesty questioned how a state bill could affect Libby, a national app operated by a private company, noting “the app is not anything we have any control over.” LSO counsel John Fuller told the committee his reading of House Bill 43 suggests the bill applies to “covered platforms” that generally are for-profit entities that provide harmful material to minors and require age-verification methods; libraries, which are not for-profit, may not be covered under that definition.
Representative Lien urged the motion be broadened to include other digital library platforms, noting local libraries use the Wildcat app for local downloads and that other platforms include Hoopla, Kanopy, TumbleBooks and Libby. After discussion the sponsor withdrew the motion and asked LSO to research the interactions between digital library resources and House Bill 43 and to report back with recommendations for a next course of action.
Committee staff listed the directive in the meeting summary as: research digital resources that affect Wyoming libraries and the potential applicability of House Bill 43 to those resources. The committee did not request immediate bill drafting; the matter will be revisited after staff research.
