Measure would clarify counties' liability on libraries

Library boards would keep control of their collections under anamended Senate bill that is seeking to clarify the liability ofcounties for their libraries.

The amendment to SB87, which was passed unanimously out of theSenate Government Operations and Political Subdivisions CommitteeMonday, gave the power to library boards to set their policies forday-to-day operations, as long as they adhere to state and federallaw.

Previous versions had said those policies, which include the hoursthat libraries are open, the content of their books, and anyrestrictions on Internet use, had to adhere to county ordinance.

Brittan Lund, co-chair of the Utah Library Association'slegislative committee, said that the bill "is more palatable thanwhen it was first proposed" because it removed some of the power thatelected officials would have over the content available within thelibrary.

She still had reservations, however, because of vague definitionsabout the policy control that could, potentially, be used to censormaterials and harm a library's core mission.

"Libraries are cornerstones of the community they serve," Lundsaid. "Free access to books and information is vital."

Sen. Michael Waddoups, R-Taylorsville, said that the amendmentshould put librarians at ease that counties don't want to makedecisions about content, but simply clarify the law to make sure thatliability is clear.

Because the library board is not a separate, elected governmententity, the bill makes the county government ultimately responsiblefor the actions of the library board.

"I like libraries, and I love books," Waddoups said. "But that'snot the issue. Insurance is the big issue."

The liability issue has been sparked by warnings from insurancecarriers that counties are not liable for the library board's actionsbecause of the autonomy enjoyed by library boards and ambiguities inthe law. But because library boards are not separate specialdistricts and often do not have a separate operating budget, securinginsurance for them could be costly and difficult.

The other options, Waddoups said, would be to make library boardsspecial districts, give them taxing authority, and make the boardmembers elected officials. While he said that would accomplish thesame result, he said that his proposed bill is the more "expeditious"solution.

Salt Lake County Mayor Nancy Workman said that there have beeninstances in the past where the library board has made a decision,such as the purchase of land, that violated purchasing laws and putthe county at risk. With this bill, the library boards would simplyhave to work like any other county department, not beyond theoversight of the elected government.

"We're simply trying to prevent the problems we have seen in thepast," she said. "This bill is about liability. It is not aboutcontrolling collections."

E-MAIL: jloftin@desnews.com