Idaho lawmakers approved House Bill 710 during a session on April 3. The bill aims to control materials considered unsuitable for minors in the state's libraries. Senate Republicans comprised the majority of the vote, resulting in a vote of 24-11. The bill has sparked debates on censorship and access to information.

Legal Implications of Proposed Legislation

Under this legislation, if someone expresses concerns about a specific book, the library must review the complaint within 60 days. If the material is unsuitable for young readers, the book should be relocated to a different part of the library, thus resolving the issue. However, if the library disagrees, the complainant can sue for $250.

The bill follows Idaho's current definition of harmful materials, which includes references to sexual content like acts of homosexuality. It also suggests expanding this definition to public and private K-12 schools.

If passed, the bill would authorize county attorneys or the attorney general to intervene if schools or libraries provide harmful materials. The bill also requires libraries to establish a process for reviewing materials upon request.

Furthermore, the bill establishes two affirmative defenses against civil actions: having reasonable cause to believe the minor was at least 18 years old, such as through the presentation of a driver's license, or verification of the minor being accompanied by a parent or legal guardian.

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Sponsors of the Bill

Representative Jaron Crane, who sponsored the bill, highlighted the need for statewide action to address concerns raised by multiple libraries and constituents. He emphasized that the issue goes beyond individual libraries and requires a comprehensive solution at the state level.

Governor Brad Little, aligned with the same political party as Crane, vetoed a similar bill in the prior legislative session. Nevertheless, Crane collaborated closely with the governor to alleviate his concerns, expressing confidence that the governor would endorse the current rendition of the bill.

Crane acknowledged that the veto prompted meaningful discussions that had not taken place before. He saw the current bill as a product of this learning process and hoped for widespread support.

Senator Cindy Carlson, who co-sponsored the bill, highlighted the divisive nature of the issue within the state. She emphasized that the legislation aims to establish a fair process accommodating both sides of the debate, with one side advocating for children's access to certain materials and the other opposing it.

Opposition and Concerns

Only four Republicans voted against HB 710, along with all seven Senate Democrats. Senators Treg Bernt, Linda Wright Hartgen, Abby Lee, and Julie VanOrden opposed the bill. Lee expressed concerns that the bill's provisions might provoke activists to create distractions and protests, potentially restricting access to materials they consider inappropriate.

The Idaho Libraries Association opposed the legislation and its previous iterations throughout the session. They argued that the $250 civil enforcement is just the beginning of potential legal costs, as defending appeals in court could be expensive. Additionally, they interpreted the bill as an unfunded mandate, requiring libraries to create and enforce an 'adult only' section, which they believe would be costly and impractical.

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