BOISE, Idaho — An Idaho bill opening libraries to lawsuits for distributing material considered “harmful” stumbled before clearing its final hurdle.
Idaho Gov. Brad Little on Wednesday vetoed House Bill 314. The legislation would have allowed the guardian of a child who was able to obtain “harmful” material from a library to claim $2,500 in statutory damages for each instance the material was obtained.
Little wrote in a letter to lawmakers that “the ability to read is fundamental to a child’s success,” and he was concerned “ambiguity” in the bill language would have “unintended consequences” for libraries and their patrons.
“This legislation makes sweeping, blanket assumptions on materials that could be determined as ‘harmful to minors’ in a local library, and it will force one interpretation of that phrase onto all the patrons of the library,” the Republican wrote.
Little wrote that he supported the intent of the bill, but he’s more concerned about “harmful content” accessible on minors’ phones and the internet, not in the library. A $2,500 “bounty system” would increase costs for libraries, which would burden property taxpayers or force libraries to close to children, he wrote.
The bill was sponsored by state Rep. Jaron Crane, R-Nampa, and state Sen. Cindy Carlson, R-Riggins.
“Seeing as these public school and community libraries are funded by Idaho taxpayer dollars, it is in the best interest of our state that these institutions make a reasonable effort to restrict access to children when it comes to these materials in libraries,” Crane told the House State Affairs Committee in February.
It’s the second consecutive year Republican lawmakers unsuccessfully targeted libraries. Last year’s House Bill 666, which would have made librarians criminally liable for distributing “harmful” material, failed to clear the Legislature.
According to House Bill 314, “harmful” material features “nudity, sexual conduct, sexual excitement or sado-masochistic abuse” when it’s lewd or “patently offensive to prevailing standards” among adults.
“Sexual conduct” under the law includes depictions of masturbation, homosexuality, sexual intercourse and physical contact with genitals and female breasts.
Senate Minority Leader Melissa Wintrow, D-Boise, last week said there’s no pornography in libraries, and she highlighted the reference to “homosexuality” in content that would be considered “harmful.”
“There are people that are trying to ban books with LGBTQ themes,” Wintrow told the Senate. “I think that’s what this is about.”
Last week, the House and Senate recessed until Thursday, giving lawmakers an opportunity to address potential vetoes from Little before officially adjourning. Legislators can override a veto with a two-thirds majority vote by each chamber.
A recent House vote on the bill was five short of a two-thirds majority, meaning the bill likely wouldn’t survive a veto override attempt.
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