Responding to the Issues

by Hulen Bivins, Executive Director

Lately, questions are being voiced that address the public library’s ability to provide service to the full community of the town or county that they seek to serve. These questions have mostly centered upon the differences that can be seen in today’s polarized American society. The questions may be based in politics wherein conservative, liberal, and independent thought clashes. The questions may also be voiced in financial terms wherein library users see underfunding issues at the library as a denial of their individual basic rights to have information, both pro and con, available on multiple subjects. In these cases there is an effort to disallow the public library to fulfill the traditional role of the governmental entity that most staunchly seeks to foster a true sense of community for not just a few, but for all.

The public library has always been a safe place for life-long learning as well as all-inclusive and welcoming. All library users are valued and the library is available for use by all.

Today’s public libraries are independent entities working diligently in their communities under the authority of a Board of Directors who represent all segments of the community. The services of the public library must reach and be of value to as many people as possible. Indeed, the public library was established and is maintained for all the citizenry of the library’s community. This independence is the caveat that makes the public library, its collection, and its employees so precious in our American society today.

Professional Development Grants

Professional Development (PD) LSTA grant applications are due by October 1 (10/1/2023). 

If you are planning a PD grant, there will be a mandatory Zoom training to discuss reimbursements on October 24, 2023.

For additional information please contact Caleb Stephens at 601-432-4127 or by email at cstephens@mlc.lib.ms.us.

What is HB 1315?

House Bill 1315 was passed in the 2023 Regular Session of the Mississippi Legislature. It establishes two new sections of code, §37-11-81, which applies to schools, and §39-3-25, which applies to libraries. The bill’s intent is to require vendors of digital or online resources to have safety measures in place that prohibit pornographic, obscene, or sexually oriented content to be seen or accessed by users under 18.

Who authored the bill?

Representatives Lee Yancey (District 74) and Dan Eubanks (District 25) were the bill’s principal author and co-author.

How does it work?

HB 1315 says that if pornographic, obscene, or sexually oriented content is found in digital or online resources provided for users under 18 and the vendor doesn’t remove it within 30 days, the contract is considered breached. If the vendor doesn’t remove the content a second time, they have to refund 10% of the cost of the resource. A third offence will require the full cost of the resource to be refunded. An administrative remedy is laid out in the statute, which can include court proceedings and an investigation by the Attorney General.

What kind of digital or online resources are affected by this statute?

“Digital or online resources” includes online databases, e-books, and e-audiobooks. It does not include a library’s catalog or free websites.

How does a vendor attest that they are compliant with the statute?

Libraries should work with vendors who provide digital resources to users under 18 to amend existing contracts to include language that allows the vendor to attest that they comply with the statute. New and renewed contracts should also include this information.

Can public libraries offer a parental waiver for their minor children to be able to access 18+ digital content?

No.

How is digital content that is potentially non-compliant identified?

Libraries should direct patrons to their Request for Reconsideration form and follow their library policy. If content is determined to be non-compliant, the library contacts the vendor, who has 30 days to correct the issue. If it is not corrected, the library will follow the administrative remedy in the statute, which ends with a requirement to report the non-compliance to the Attorney General.

How does this bill affect MLC?

MLC provides access to hoopla to participating libraries and has blocked access to users under 18. Request for Reconsideration forms can be found here: https://www.mlc.lib.ms.us/review/

How does this bill affect MAGNOLIA?

MAGNOLIA users are asked to verify their age. Those under 18 can only use the generic school code, magn0897. This content is heavily filtered. Those users over 18 will use their public library code. They can call MLC’s reference desk to get their code at 877-KWIK-REF or mlcref@mlc.lib.ms.us.