Removing books from libraries became the highlight in a recent session of the Idaho Legislative with the introduction of Senate Bill 1298 (S-1298). This bill, an amended version of the 2023 legislation, aims to establish standards for library materials, procedures for reviewing and removing books, processes for appeals, and penalties for violations.

Initially introduced in the previous legislative session, the bill was vetoed by Governor Little due to concerns over the hefty $2,500 fine imposed on libraries for violations. The amended version has since lowered the fine to $250 per violation.

Protecting Minors From Explicit Content

Senator Geoff Schroeder, the bill's proponent, emphasized its purpose to safeguard children from accessing explicit content. He stated, 'We continue to hear reports that there is pornographic material available to minors in our libraries.'

The bill's procedures would ensure the removal of books meeting the definition of material harmful to minors, as outlined in Idaho Code 18-15-15 6A, shielding children from nudity, sexual acts, and materials commonly considered pornography.

The proposed legislation introduces a new review process for individuals to file lawsuits against Idaho libraries, alleging children's exposure to harmful materials based on the outlined review reporting process. Additionally, the bill aligns with Idaho's existing legal definition of harmful materials, encompassing sexual conduct, including homosexuality.

A patron can pursue legal action against a library only if the library declines to relocate an explicit book to an adult's section.

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Robert Wright, the director of the Idaho Falls Library, disclosed on February 12 that his system faced 23 challenges from a local group last August. According to Wright, only two challenged books had already been placed in the adult collection.

Wright opposed the bill but acknowledged that it was the 'best bill' he had seen in the past three years of legislative attempts to address it. However, he wanted to eliminate the section that permits patrons to file lawsuits against libraries. 

Perspectives on Idaho's Library Bill

During public testimony, the opposition questioned the bill's necessity, citing concerns about the current system's effectiveness and potential costs to taxpayers. Some expressed worries about the removal of personal freedom and parental authority.

Mike Walsh, a resident of Idaho, contended that while parents should have the authority to determine what their children can access, they should not have the privilege to make such decisions for other children.

On the flip side, supporters of the bill believe it would align state law with existing codes in some libraries. A lobbyist with the firm Sigmet commended the bill, stating, 'We are grateful it mirrors and standardizes the processes most our libraries already have.' 

Bill Advancement Amidst Public Testimony

Senator Kelly Anthon, making a motion for the bill to move forward with a do-pass recommendation, highlighted the description of harmful material to minors. Expressing his viewpoint, Anthon emphasized the clarity of the described content, asserting that it is something he would never expose to his children. Addressing concerns about potential costs and the freedom to read, Anthon stated that if it costs more to prevent such content from reaching children, he is willing to pay the extra amount.

The motion passed with a six-to-three majority, indicating a divided stance on the controversial bill within the Idaho Legislative.

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