TOPEKA, KS – The Kansas State House of Representatives gave initial approval to a new bill on Tuesday which proponents say will make it easier to prosecute cases under the state’s anti-obscenity law by removing some verbiage from the existing law which pertains to the definition of what materials are to be considered illegal obscenity.The bill, which will likely to be approved in a final vote by the House today, removes the phrase “sexually provocative aspect” from the language of the anti-obscenity law, a phrase which had caused the law to be viewed as overly broad and excessively vague in recent court decisions.
Representative Lance Kinzer noted that the new statute resembles the federal standard for obscenity, which was established in the landmark 1972 Supreme Court ruling in Miller v. California. The language of the federal obscenity statute makes no reference to a “sexually provocative aspect,” and the ill-defined nature of that term weakened the Kansas obscenity law.
“The fact is that something can have a sexually provocative aspect without being obscene,” said Kinzer, a Republican from Olathe.
Kinzer added that a 1990’s decision by the Kansas Supreme Court required that the law be changed, and the phrase removed in order to make the state law more closely reflect the definition of obscenity established by the nation’s highest court.
“It will re-establish having an enforceable criminal statute in Kansas,” Kinzer said.
The House also gave initial approval to an amended version of a state Senate bill which states that no sign or other outdoor advertising for a sexually-oriented business could be within a mile of any highway or interstate
The Senate version of the bill, offered by Senator Tim Huelskamp, didn’t make it out of the Senate Federal and State Affairs Committee, but if the House passes the new version, it will be sent to the Senate for a full vote.
“I think we have the votes in the full Senate for this,” said Huelskamp, a Republican from Fowler. “It’s good for children and families, and sends a message that Kansas is a family-friendly state.”
Under the bill, sexually-oriented businesses that are themselves located within a mile of the applicable roadways would be permitted to post two signs; one no more than 40 square feet with the name, address, phone number and operating hours, and another noting the premises are off-limits to minors. Such signs that are already in place would be able to remain for three years after the bill becomes law.
Several state lawmakers had also wanted to put through a proposal imposing a 10% tax on sexually-oriented business, including strip clubs, escort services, and adult bookstores. The measure was considered by the House Taxation Committee, which decided not to forward the proposal to the full House for debate.
The most likely reason the Taxation Committee did not submit the bill for debate is that a similar law enacted in Utah in 2004 is currently being challenged in court. The Utah bill created a 10% tax on all admission fees, food, drinks, and other sales at sexually-oriented businesses, as well as on escort services.
Kenny Wilk, chairman of the House Taxation Committee, said the measure will be sent to a “study commission” this summer and that a new version of the proposal could be ready for the 2007 session, noting that the committee wants to see how the legal challenge in Utah plays out.
“Let’s stand back and see what we learn from the Utah litigation and be better informed next year,” said Wilk.
