By Ruth Brown, Idaho Reports
The Senate State Affairs Committee introduced a new version of a bill on Wednesday aimed at protecting children from “pornographic” materials in libraries.
Sen. Geoff Schroeder, R-Mountain Home, sponsored the bill, which he characterized as a combination with the first version of the library bill, rather than a compromise bill. The first bill was sponsored by Rep. Jaron Crane, R-Nampa, who co-sponsored Wednesday’s bill.
The bill would require every library to adopt written policies and procedures on how to process requests for relocation of library materials that may be harmful to minors by Jan. 1, 2025. The library would then designate a materials review committee, which would include no fewer than three people who live in the school district or library district and one person who is the parent of a child.
Libraries would be prohibited from providing to any juvenile material that is defined as harmful to minors under Idaho law. “Harmful to minors” is defined in code as “nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, when it appeals to the prurient interest of minors as judged by the average person, applying contemporary community standards” including “intimate sexual acts, normal or perverted, actual or simulated.”
The library materials review committee would hold public hearings regarding material in question and issue decisions in writing. The committee would also take up requests for reconsideration if a member of the public does not agree with the outcome.
Any library that distributes materials deemed harmful could face a lawsuit if a parent already notified the board or review committee and the material should have been segregated from other materials.
If they prevail in court, a parent or guardian could receive up to $250 in statutory damages, but there is no cap in the bill on how much a person may receive in actual damages. The bill also does not address the cost of any legal fees that a school or library district may face.
The bill must come back before the committee for a public hearing to advance.
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Press, where she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.