BOISE, Idaho — This story originally appeared in The Idaho Press.
Amid heated debate, which included a threat to bring back legislation with harsher penalties, the Idaho House passed the newest version of the library bill.
Members voted 47-23 on Wednesday to pass HB 710, which requires school and public libraries to have a form to ask for materials considered “harmful to minors” to be moved or removed and would allow civil lawsuits if the book isn’t moved to an adult section after 30 days.
The bill was brought by Rep. Jaron Crane, R-Nampa.
Debate lasted about an hour and included stark disagreement about whether there is a problem with these materials being available in Idaho libraries.
Under the bill, public libraries and private and public school libraries couldn’t make available to minors under 18 any material that depicts “nudity, sexual conduct, or sado-masochistic abuse that is harmful to minors” or “any other material harmful to minors.” The definition for “harmful to minors” includes depictions of sexual content or nudity when it “appeals to the prurient interest of minors” and includes depictions that are “patently offensive to prevailing standards.”
The definition of sexual content includes “any act” of homosexuality, which has caused concern from opponents that it may be used to move or remove books featuring gay characters, which are books that are frequently targeted by book challenges.
During debate, Rep. Brent Crane, R-Nampa, highlighted a previous bill that had been passed in the House — HB 666, which would have criminalized librarians who check out books deemed harmful to minors and included steep fines and jail time for violating.
“I can tell you, if this doesn’t pass, we’re going back to that bill,” Brent Crane said of HB 666. "This issue is going to get solved one way or another. You better pick which one you like."
HB 666 passed the House in 2022 but died in the Senate. Brent Crane is chair of House State Affairs and has discretion over which bills can be brought for a hearing; his committee heard the previous library bills that have been brought.
He said in Nampa he had a constituent who recorded their daughter on video checking out a book that he said would violate Idaho’s laws on what is considered “harmful to minors.”
"If there's a question about the book, why are we fighting so hard to put obscene material in front of our children? Why?" Brent Crane asked, his voice rising.
He was objected to my Rep. Lori McCann, R-Lewiston, for impugning and for his tone, after which he asked the House go at ease for a moment while he talked to legislative leaders and McCann. Debate continued when they returned.
House Speaker Mike Moyle encouraged the body to "tone it down."
Brent Crane contrasted his experience with the other District 13 representative, Rep. Kenny Wroten, R-Nampa, who earlier said he spoke to librarians in Nampa and did not see a problem that required state legislation.
Wroten said out 217,000 unique visits, and 642,000 check-outs of books last year, there were two challenges and both books were moved.
“I think we’re going to have to quit pretending that it is just pervasive across Idaho,” he said.
Wroten spoke at length about his concerns about the bill; at one point, when Wroten began referenced storming the beaches of Normandy, Rep. Josh Tanner, R-Eagle, objected and said Wroten was talking about "complete nonsense," and asked that he stick to the bill.
Wroten's concerns included the civil lawsuit penalty and the concerns insurers may have under threat of lawsuits. He said he rejected the argument that the bill should pass because it imposes less-harsh penalties than previous iterations of the bill — which included steeper civil penalties or criminal charges.
“They didn’t say it’s a good bill, they just said it's not as bad as it was,” he said. “It’s like getting hung by a new rope."
Rep. Elaine Price, R-Coeur d’Alene, said the legislation should be considered even if it isn’t happening in every district. She said it's prevalent in her area.
“We take care of the whole state,” Price said.
McCann said she spoke to her librarians, and they’ve seen very few complaints about books. She also had concerns about small libraries that may not have an “adult only section” to move challenged books to. She said local libraries should be able to address these issues as they come up on their own.
“It’s a bridge too far for me to cross,” McCann said.
Rep. Tony Wisniewski, R-Post Falls, argued that the state shouldn’t wait until there is a problem to address it.
Rep. Dan Garner, R-Clifton, said he appreciated that Jaron Crane was trying to represent his district, but he said he needed to represent his own.
“This is a local government issue, it is overreach by the state government,” Garner said. “There was a time not too long ago when the Republican Party put a big emphasis on local governance. It's still in the platform but they don't seem to care about it much anymore."
Jaron Crane said the issue was brought because people weren’t happy with their local processes and were still having issues with certain materials.
The bill now heads to the Senate.
This article originally appeared in the Idaho Press, read more on IdahoPress.com.
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