Library bill clears House after tense debate

A bill requiring Idaho public and school libraries to move materials deemed harmful to children, or face lawsuits, passed the Idaho House on Wednesday.

House Bill 710 follows years of attempts by the Idaho Legislature to regulate materials deemed harmful to children in Idaho libraries. Idaho Republican House lawmakers clashed over whether there’s an issue with libraries distributing “harmful materials” to minors in a tense floor debate.

That followed opposition against the bill when it was introduced Monday, including from Idaho librarians. Some called the bill unneeded, saying local relocation policies handle community complaints, while others worried it would strain libraries.

The Idaho House approved House Bill 712 on a 47-23 vote, with 12 House Republicans joining all 11 House Democrats in opposition.

House Bill 710, backed by Republican legislative leaders, now heads to the Idaho Senate. Senate President Pro Tempore Chuck Winder, R-Boise, and House Speaker Mike Moyle, R-Star, co-sponsored the bill.

Rep. Jaron Crane, R-Nampa, told House lawmakers the bill codifies a relocation policy for Idaho libraries.

“To sit there and say that this does not exist in Idaho libraries is patently false,” said Rep. Brent Crane, R-Nampa, who called the bill good policy. “If it doesn’t, you have nothing to be afraid of.”

Brent Crane also pointed out that this was the third year the Idaho Legislature has sought bills to regulate materials in Idaho libraries.

House Bill 710 would allow children or their parents to file a legal claim against a public or school library if they obtain materials deemed harmful to minors. That’s if libraries don’t move materials within 30 days of receiving a request to relocate the material “to a section designated for adults only.” Children or parents could receive $250 in statutory damages, along with actual damages and other relief, such as injunctive relief, under the bill.

Bill follows years of library materials bills in Idaho Legislature

In 2022, a bill that critics said could lead to librarians being prosecuted for checking out materials deemed harmful to minors passed the Idaho House on a 51-14 vote, but did not advance in the Idaho Senate. And last year, Idaho Gov. Brad Little vetoed a bill that would have allowed parents to sue libraries or schools for up to $2,500 in statutory damages if they provided “harmful materials” to minors.

“If this doesn’t pass, we’re going back to that bill,” Brent Crane said. “This issue is going to get solved one way or the other. You better pick which one you like.”

Exemption for distributing Idaho harmful materials for librarians that had some support in the Senate. Crane said he pushed his brother, Jaron Crane, to pursue his own legislation on libraries.

House Bill 710 was introduced Monday, weeks after the Idaho Senate rejected by one vote Senate Bill 1289, a library materials bill that involved a review process that critics called complicated. House Bill 710 is an amended version of House Bill 384, a library bill introduced in January but that didn’t advance while the Senate Bill advanced.

Jaron Crane had also co-sponsored Senate Bill 1289.