BOISE, Idaho — This article originally appeared in the Idaho Press.
A bill to restrict minors’ access to materials deemed harmful has once again been introduced in the Idaho Legislature.
In the last few years, similar legislation has dominated debate in the Statehouse. Rep. Jaron Crane, R-Nampa, introduced a similar bill last year, which passed through the Legislature but was vetoed by Gov. Brad Little. The Legislature failed to override the veto.
The House State Affairs Committee on Wednesday voted to introduce what’s called an RS, which is the proposed legislation, allowing it to have a full public hearing.
“What I’ve done in this RS is correct the changes that the gentleman on the second floor informed me about when he vetoed that legislation,” Crane said.
The bill is very similar to last year’s HB 314, but it creates a form that may be submitted and would require libraries to move the harmful material to an adult section within 30 days. If it’s not moved or removed, the library district or school district could be sued for $250 in statutory damages and actual damages.
The legislation amends the state’s current code that addresses obscene materials that are harmful to minors, adding the prohibition of public libraries and private and public school districts from making available these materials to individuals under 18.
The definition of materials considered harmful for minors includes “any description or representation, in whatever form, of 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 standard” and when it is “patently offensive to prevailing standards in the adult community with respect to what is suitable material for minors.”
Included in the definitions for “sexual conduct” is “any act” of homosexuality — this was a sticking point last year for some lawmakers.
Last year’s bill included a civil penalty of $2,500 and actual damages. Many who opposed the bill said this could create a financial strain on libraries if many of these were sought and have a chilling effect.
Little in his transmittal letter with his veto took issue with the civil cause of action clause, saying it could create a “library bounty system that will only increase the costs local libraries incur.”
Crane on Wednesday said the $250 penalty in his new proposal should be more palatable, although the costs to districts could be more because courts could award “any other relief allowed by law.”
“I guarantee that won’t bankrupt any library here in Idaho,” Crane said.
The bill was introduced with no discussion from the committee.
This article originally appeared in the Idaho Press, read more on IdahoPress.com.
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