A new state law would make schools and public libraries liable for lawsuits arising from books deemed “harmful” to children.
Gov. Brad Little on Wednesday signed House Bill 710, the culmination of years of efforts by Republican lawmakers to limit minors' access to library materials. Little, a Republican, vetoed a similar bill last year.
The signing occurred on the 94th and final day of the 2024 legislative session. The Senate adjourned this year at 2:42 p.m. The House followed suit seven minutes later.
While Little's end-of-session move dominated Wednesday's storylines, some shenanigans swirled around the signing of the library bill.
Wednesday morning, Emily Callihan, communications director for the governor's office, declined to confirm to Idaho Education News that Little had signed the library bill. But Little herself, she told Idaho Reports, said she “signed that stinking library bill.”
Little signed the library bill at 10:04 a.m. Wednesday, 13 minutes before the deadline, according to the governor's website.
The signing came as lawmakers returned to the Capitol after a week-long recess. The timing of their return was important. By 12:30 PM on Wednesday, there was little time to process the bills that had arrived on his desk last week, including the library bill. By returning to session Wednesday, the council retained the right to override any vetoes, but Little's two vetoes for this session remained in place.
HB 710 establishes a statewide policy for reviewing library materials that may be considered “harmful,” including sexual content, nudity and homosexuality. If a user objects to a book in accordance with the terms and conditions, library officials must remove or relocate the book within 60 days, after which the user may file a lawsuit. If a court determines that the material is “harmful” to minors, the library could face a $250 statutory fine, along with potential civil damages.
Republicans in the House and Senate overwhelmingly supported the bill. But library officials have fiercely opposed this and similar bills that would weaken local authorities' authority over book-related matters.
The Idaho Library Association said on Twitter Wednesday that it was “so disappointed with these results.” “Check with the librarian.”
The latest bill overcomes most of Little's concerns about a similar bill last year that would have imposed $2,500 statutory fines on libraries. Few rejected the bill out of concern that it would create a “library bounty system” that could force libraries to provide “full access to minors.”
Little said in a letter to the House Wednesday that HB 710 “addresses most, if not all” of his concerns about the previous bill. The new law reduces potential fines and “gives local libraries a fair chance to avoid legal action and fees.” It also “strengthens the definition of what is considered ‘harmful to minors.’”
The Idaho Republican Party criticized the governor for vetoing a previous bill last year.
For Republicans in Congress, including Republican leaders who have pledged to pass a library bill this session, Little's signature marks the end of a three-year campaign. Meanwhile, Democrats condemned Wednesday's news.
The lack of a veto is a cold comfort, House Minority Leader Ilana Rubel, D-Boise, said at a news conference after the meeting Wednesday afternoon.
The new law takes effect from July 1.
'We've had a good year'
Minutes after the final gavel fell on the 2024 legislative session, House Republicans hailed the finished product.
“We’ve had a really good year,” House Speaker Mike Moyle, R-Star, said at a news conference after the meeting. “We have accomplished a lot.”
Unsurprisingly, Moyle cited the sweeping school facilities law as the “centerpiece” of the session. Moyle was one of the architects of the 30-page House Bill 521, which represents a $1.5 billion state investment in facilities. The law should also reduce income tax rates and provide property tax relief as the state undertakes school construction projects that have historically been relegated to municipal bonds and levies, Moyle said.
HB 521 passed overwhelmingly, but some lawmakers complained about its broad scope. Moyle acknowledged Wednesday's backlash but said the bill's positives outweigh the negatives.
“Sometimes when you have such a big bill, there’s always one little thing to complain about,” Moyle said.
Republican leaders also said they had stuck the needle on school funding, plugging a loophole for the 2023 session.
Lawmakers agreed to send $145 million to schools that had been withheld for a year. In part, that's because the state shifted its school funding model from an enrollment-based formula to a smaller student attendance-based formula. And despite the decline in student numbers (696 fewer classroom support units and 13,000 fewer students statewide), the Legislature still increased school spending by 3.9 percent. “This is a big problem,” said House Minority Leader Jason Monks, R-Meridian.
At their own press conference late Wednesday afternoon, Democrats touted their victory.
While Democrats hold less than a fifth of the legislative seats, they delivered key votes seeking the Idaho Higher Education Grant Program and the launch of the higher education budget, said Senate Minority Leader Melissa Wintrow, D-Boise. Democrats also helped pass a $50 million bill that would direct public funds toward tax credits for private schools.
HB 521 has divided Democrats, with Sen. Janie Ward-Engelking expressing mixed feelings Wednesday. She said the facilities bill was “stolen” into an omnibus bill that lawmakers will have to amend in subsequent sessions.
“We held our noses and voted for the good and the bad,” said Ward-Engelking, D-Boise.
Little Sign Facility Funding ‘Trailer’ Bill
While the wait for the library bill drew considerable attention this week, Little quietly signed another education-related bill into law on Monday.
It was a follow-up to House Bill 521, a blockbuster school facilities funding bill.
The “trailer” bill, in Capitol parlance, loosens language in HB 521 that seeks to impede school districts from moving to a four-day school week. Rather than a minimum number of contact days, districts must meet minimum hours already mandated by the state.
House Bill 766 Allows the Senate to confirm the next executive director of the State Board of Education. And we've fixed a glitch that occurred last year. The Property Tax Relief Act ensures that charter schools receive a total of $400 per student in facilities funding.
Transportation fees become law
In non-education news, Little allowed the controversial Idaho Department of Transportation budget bill to become law without his signature Wednesday. This is another final step toward acting.
The budget also blocks the sale of ITD's State Street campus, which was a point of contention in the final days of the session. “This could unfairly undo the agreed-upon sale process and create future reputational risk for the state of Idaho,” Little said in a letter to House Speaker Mike Moyle.
Read more: What passed and what didn't? An in-depth review of a session dominated by educational issues.