The 2024 legislative session could end exactly like the 2023 session ended, just five days later.
On April 5, 2023, Gov. Brad Little vetoed HB 314, saying it created a “bounty system” on public libraries. The next day, the Legislature came back from a short break, failed to override his veto by one vote, and adjourned for the session.
By April 10, 2024, Little will have to come to a decision about a similar piece of legislation. The next day, the Legislature will reconvene after a short break, attempt to override any of the governor’s vetoes, and most likely adjourn for the session.
Why Did Gov. Little Veto HB 314?
This year’s “harmful materials” library bill, HB 710, has lawmakers just as divided as HB 314 did. Its supporters on the right declare the bill is necessary to prevent children from accessing pornography in libraries. Democrats, a few Republicans, and a host of librarians and education officials say it would devastate local libraries, which are staffed by professionals who already monitor and restrict materials based on age.
At least for a week in April last year, Gov. Little agreed with the latter.
“My main concern is that the bill’s ambiguity will have unintended consequences for Idaho libraries and their patrons,” Gov. Little wrote in his veto last year. “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.”
So What’s Different This Time?
The majority of the text in these two bills is identical, saying that anyone in a library cannot make a piece of “harmful material” available to a minor. The bills describe what is considered obscene or harmful to minors (as well as any “act of homosexuality”), and includes “any other material” someone could consider harmful to a minor.
Legislators this year seemed to attempt to appease some of Little’s concerns, but made several other changes in enforcement as well. Under HB 710:
- Libraries must offer a form for anyone to submit a written complaint about a material.
- If the material is not moved to an “adult-only” section after 60 days, a child, parent, or legal guardian could file a civil lawsuit.
- Librarians must either face a lawsuit or relocate the material — there is no review process.
- Anyone in the world can submit a complaint, but to sue, you’d have to be a child or parent or guardian of a child in the library.
- The penalty for such a lawsuit is $250, down from $2,500 allowed under HB 314.
- However, the plaintiff could ask for other damages and injunctive relief.
The Opinions of Legislators — and the Public
The Idaho Libraries Association has urged library users to make their voices heard throughout the legislative process.
After the House passed HB 710, they released a response urging followers to contact Gov. Little, saying: “HB 710 does not represent Idaho values of local control, individual rights, and personal responsibility. The vague language of the bill will have a chilling effect on materials included in library collections and on access.”
The vast majority of Idahoans agree. In the annual Idaho Public Policy Survey, 69% of survey respondents said they trust public libraries and libraries to curate materials, and only 23% said they did not.
This year, however, the Legislature seemed to tack slightly in the other direction. In 2023, 68 lawmakers voted in favor of passing HB 314 in their final votes. This year, HB 710 garnered one more vote. The governor has until 10 a.m. on Wednesday to make a final decision — and if he vetoes HB 710, the vote to override will likely be very close.
