For Immediate Release:
March 2, 2007

For Information Contact:
Rep. Lance Kinzer, 785/296-7692
Rep. Steve Huebert 785-296-1754

Topeka - Kansas House Representatives Lance Kinzer (R-Olathe) and Steve Huebert (R-Valley Center) expressed their disappointment today after the House Education Committee voted Thursday not to hold a hearing on House Bill 2200.

Rep. Kinzer said the proposed legislation would have held teachers to the same standards as everyone else in society with respect to the crime of prompting criminal obscenity.

"It is particularly frustrating because the bill received a full hearing in the House Federal & State Affairs Committee and committee members voted 22-1 to recommend passage of the bill.", said Rep. Kinzer. "There have been many misstatements made about this bill. This bill would not have prohibited materials with serious educational value from being shown to a K-12 class. Such materials are by definition not obscene, and fall outside the scope of the criminal obscenity statute in Kansas."

By a voice vote, House Members referred HB 2200 back to the Education Committee Wednesday because of confusion and misinformation about the bill.

"Those opposed to the bill twisted its true intention and created unnecessary fear among teachers and parents," explained Rep. Huebert. "Any reading or book that has serious educational value is by definition not obscene and as such, would not have been subject to the bill."

Rep. Kinzer went on to say HB 2200 did not delete the educational prong from the definition of obscenity in Kansas.

"What this bill did was clearly provide that if materials shown to a K-12 class did in fact meet the criminal definition of obscenity, then the mere fact the material was used in an approved course of curriculum at the school would not be a defense in a prosecution for promoting obscenity," said Rep. Kinzer.

"I have a tremendous respect for teachers and the important work they do," said Rep. Huebert. "But I see no conflict between respect for teachers and the position that their conduct should be subject to the same generally applicable criminal statutes as others in society."

The two representatives said they will push for the bill’s reconsideration.

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