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ILA Response to House Bill 710
This afternoon the Idaho Legislature passed House Bill 710. The bill will be transmitted to the governor's desk, where it will await his signature. We urge library supporters to contact Governor Little’s office and ask that he veto H710. Please email Governor Little at governor@gov.idaho.gov or by phone at 208-334-2100. If you call, please follow-up with a short email.
The Idaho Library Association affirms its support for the American value of freedom of speech and thought guaranteed in the First Amendment of the U.S. Constitution and the Idaho Constitution, even when that speech or idea is unpopular or different, with the exception of unprotected instances of speech. The Idaho Library Association, therefore, stands in steadfast opposition to H710. (Read H710)
The Idaho Library Association is very concerned about the adverse impact this bill, should it become law, will have on Idaho libraries and their mission to serve all members of their communities. Complying with a law that uses vague and subjective definitions of what constitutes harmful material to minors, coupled with the penalty of $250 per offense plus legal fees, could result in significantly limited access to information for adult patrons and would be particularly harmful for minors who rely on the library for homework, programs, computers, and meeting space. The bill is fraught with unintended consequences and collateral damage that would impact library collections, policies, practices, and most importantly, the people they serve.
The bill also fails to address three critical issues identified by Gov. Little in his veto of H314 in 2023. First, it contains a civil cause of action. Second, allowing anyone from anywhere to engage in the library bounty system created by H710 will increase costs for libraries, especially rural libraries. Third, the bill facilitates "sweeping, blanket assumptions on materials."
H710 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. Rural communities and small libraries will be disproportionately impacted by the civil cause of action penalties in the bill.
Be brave. Be bold. Be true.
#LetIdahoRead
In service,
Lance McGrath
President
Idaho Library Association
UPDATE - Tuesday, April 2, 2024
House Bill 710 is ACTIVE!
Keep contacting senators!
Thank You to everyone who wrote, called, emailed, or otherwise contacted Senate State Affairs.
WE NEED YOU TO KEEP CONTACTING THE SENATE!
Senators need to hear from their constituents. Please help us reach Idahoans who live in the following districts and and ask them to call their senator.
ALL Senators need to hear from their constituents (especially GOP senators).
Contact information is here: https://legislature.idaho.gov/senate/membership/
The Senate adjourned until Wednesday, April 3 at 10:00 AM.
They will likely debate the bill on Wednesday.
More information:
The bill has been amended, but the bill is unnecessary and the amendments do not fix the bill.
Amendments-
• Increasing the time that the library has to respond from 30 to 60 days
• Adding the words "and process" to the section that requires libraries to have a form that patrons can fill out.
The bill still includes the private right of action, and it still includes the "adults only" section.
Urge senators to: Vote NO on H710
Talking points to use-
- The bill is vague and overreaching.
- The bill will force libraries to create an "Adults Only" section.
- The bill (in its current form) is still a bounty bill. Complainants can get $250 per offense plus undetermined damages.
- Book challenges can come from ANYONE. They do not have to be local community members, library card holders, or residents of a school district.
- The bill DOES NOT contain the FULL Miller Test. Libraries face the very real risk of facing lawsuits because of this incomplete inclusion of established constitutional case law.
- There is no review process of the complaint. Libraries will have to remove identified materials or get sued. This has concerning due process considerations.
- The bill is an unfunded mandate. Libraries will have to renovate facilities, move collections, and hire additional staff to check IDs and monitor movement in the library.
- The bill will put libraries in a lose-lose situation: Either they comply with the law and run the very real risk of violating citizen access to constitutionally protected materials, or they do not comply and face costly consequences from censors.
It is time to contact your legislators and ask them to take a stand against House Bill 710.
Be brave. Be bold. Be true.
Let Idaho Read!
Your ILA legislative team
Alert! House Bill 710 Passed the Idaho House on Wednesday, March 14
It will move on to the Senate
We need your help to fight House Bill 710!
Here's How:
HB710 passed the House. It next goes to the Senate State Affairs committee. There will be an opportunity for testimony. Please write SSA committee members and consider testifying. ILA will provide an update but things can move fast so please watch the committee agendas for the hearing date/time.
Emails for Senate State Affairs:
Sen. Jim Guthrie, Chair, JGuthrie@senate.idaho.gov
Sen. Treg A. Bernt, Vice Chair, TBernt@senate.idaho.gov
Sen. Chuck Winder, CWinder@senate.idaho.gov
Sen. Kelly Arthur Anthon, KAnthon@senate.idaho.gov
Sen. Mark Harris, MHarris@senate.idaho.gov
Sen. Abby Lee, ALee@senate.idaho.gov
Sen. Ben Toews, BToews@senate.idaho.gov
Sen. Melissa Wintrow, MWintrow@senate.idaho.gov
Sen. James D. Ruchti, JRuchti@senate.idaho.gov
Talking Points (please share personal anecdotes and impacts)
- Libraries will not be subject to “just” a $250 fine. They will also be subject to unspecified damages and/or injunctive action.
- Libraries do not have “adults only” or restricted sections. They do not have the staff to police such a section. Placing a book “behind the desk,” where not even adults can freely access it, is unconstitutional.
- It does not matter if a library deems a book to not be obscene for minors according to the Miller Test. If a patron disagrees, they can sue no matter the content in the book. Note that of the approximately 136 books that ILA tracked as officially challenged in Idaho in 2023, more than 20% had NO sexual content.
- Libraries will be open to a lawsuit if they “promote, give, or make available” any material that a patron believes is “harmful to minors.” This vague language means that a child could see a book in an adult section and a parent or guardian could claim harm and ask the book to be moved to a restricted section. This vague language could lead to unconstitutional restrictions on access to information for adults.
- The bill includes no mechanism to prevent bad actors from attempting to gain a payday by bringing a civil action against a library. Even if the civil action fails, libraries will still pay legal fees and spend time in litigation (staff and resources). This IS taxpayer money.
Idaho Library Association Statement
Regarding S1289 action on 2/12/2024
Dear Idaho Library Community,
Today Senate Bill 1289 was reported out of Senate State Affairs 6-3. It now advances to the Senate floor on the Second Reading Calendar with a do pass recommendation.
The Idaho Library Association, on behalf of Idaho’s librarians and the larger library community, deeply appreciates the outpouring of support at today’s hearing on SB 1289.
We appreciate the opportunity to participate in the legislative process and look forward to following the bill.
Thank you for all you do for Idaho. Please reach out if you have any questions.
Your ILA legislative team-
Lance, Mary, Huda, Molly & Erin.
ILA Statement - Senate Bill 1289
ILA stands with our public and school libraries, and we maintain our position that library legislation is unnecessary. That said, we also recognize the political realities of the current legislative session. ILA was invited to provide input on Senate Bill 1289, and we appreciate this acknowledgment of the expertise librarians have to offer on policy.
Senate Bill 1289, while imperfect, endeavors to codify policy and practice for Idaho libraries. It addresses some of our concerns with other library bills that have been presented in the past. Senate Bill 1289 requires libraries to have reconsideration forms and policies in place. Such policies are considered best practice for libraries and we support their inclusion. Senate Bill 1289 also requires that patrons who have concerns about materials follow these reconsideration policies and the decisions of library-formed review panels prior to any potential legal proceedings, providing a measure of local control.
Furthermore, Senate Bill 1289 requires that any request for relocation of materials be based on the three prongs of the Miller Test, as outlined in Idaho Code 18-1514(6)(a), and not on other vague definitions of materials “harmful to minors,” such as those that include any reference to nudity, sex, or homosexuality. The Miller Test provides more clarity for both patrons and libraries in navigating requests for reconsideration and aligns with First Amendment protections afforded to all library patrons.
There are aspects of Senate Bill 1289 that ILA does not support, including the civil cause of action. We encourage libraries with questions about the bill’s content and how it may impact them to reach out to ILA, and we recommend that library staff and patrons speak to their legislators about any concerns they have with Senate Bill 1289.
In service,
The Idaho Library Association Legislative Team
Lance McGrath Mary DeWalt Huda Shaltry Molly Nota Erin Kennedy
President Vice President Legislative Co-Chair Legislative Co-Chair Intellectual Freedom Chair
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NO on House Bill 384! House Bill 384 is the 2024 version of House Bill 314 (the bill that passed the full legislature and Gov. Little VETOED at the end of session last year) We urge you to contact legislators on the House State Affairs Committee, and your legislators, and ask them to: VOTE NO on House Bill 384. Why? Here are talking points to use.
Legislators respond best to messages that contain personal impact stories. A mix of fact and personal impact works well. Always be respectful, clear, and brief. Sign up HERE to testify against House Bill 384, in person or remotely. Those located in the Treasure Valley or within driving distance should plan to be at the Statehouse no later than 8:45 a.m. on Monday, January 15th. You may register in advance. The House State Affairs Committee meets at 9:00 a.m. in Room EW40, on the lower level of the Statehouse. Those outside of the Treasure Valley may register to testify remotely. If you cannot testify in person or virtually, written testimony is accepted. Please email your testimony to Committee Secretary Kennedy Jones at hstaf@house.idaho.gov. You may also send your testimony to the members of the House State Affairs Committee: Chair Brent Crane: bcrane@house.idaho.gov It is time to make a show of force and stand against House Bill 384. Be brave. Be bold. Be true. Let Idaho Read! Lance McGrath |
Image by jcomp on Freepik
ILA Statement Regarding House Bill 384
Libraries have an obligation to follow the law. That is why libraries have boards of trustees to provide oversight, adopt clearly defined and robustly researched policies and procedures, and hire properly trained staff. Libraries also serve diverse communities with different needs, interests, and perspectives. Public and school libraries and the people, boards, and agencies charged with their care and operation bear a special burden of responsibility to the members of their communities.
Each one.
Each minor.
Each adult.
Student, parent, teacher, employer, retiree.
Libraries are there to provide library services to them all without discrimination or favor. Public and school libraries are obligated to support the greatest freedom in the access to information allowed under applicable rules and regulations. By following the law and professional practices, libraries preserve and protect the First Amendment rights of all library users.
The proposed amendments to Idaho Code 18-1514 in House Bill 384 undermine the rights of library users by placing the power of censorship into the hands of a few. Under the proposed changes, a single individual can restrict access to constitutionally protected materials. And might make $250 for their trouble. The proposed bill is also an unfunded mandate that will wreak havoc with the budgets of libraries and library districts across Idaho. Libraries will be forced to create an “Adults Only” area for any books that are challenged under this new law. This will likely result in many libraries needing to renovate facilities or hire additional staff to monitor movement in the library and check IDs.
And, since the law is so vague, libraries will not know whether any particular item may be subjectively challenged under this bounty law. If libraries are able to comply with the requirements of this law, they face the very real threat of violating the civil rights of library users whose access to constitutionally protected library materials has been infringed. This bill presents a lose-lose situation for Idaho’s libraries and Idaho’s people.
For these reasons the Idaho Library Association cannot support the proposed changes to Idaho Code 18-1514 in House Bill 384. We look forward to working with Idaho’s elected leaders on approaches to library services that preserve and protect the First Amendment rights of all Idahoans.
In service,
Lance McGrath Mary DeWalt Huda Shaltry Erin Kennedy
President Vice President Legislative Chair Intellectual Freedom Committee
Idaho Library Association
Please donate if you are able to help sustain our advocacy efforts: https://idaholibraries.org/donate
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