BISMARCK – A second bill dealing with sexually explicit material in public libraries passed the North Dakota State Senate Friday after much discussion. Some senators alleged the bill went through the process of “death by fiscal note” in the House.
Senate Bill 2360 is a second bill that seeks to require sexually explicit material be kept away from children in tax funded areas and provides a class B misdemeanor to any employee of those agencies who willfully places that material where it is accessible to children.
Some senators questioned the difference between SB2360 and House Bill 1205 that passed both chambers. It was explained that HB1205 is similar but only deals with public libraries and not public schools.
Sen. Janne Myrdal, R-Dis. 19, Edinburg, said the House added a fiscal note to attempt to kill it, bringing it through the process of “death by fiscal note.” A fiscal note is the estimated financial impact the bill will have.
“Some of us know what that means,” said Myrdal. “If someone wants to kill it, they come up with a fiscal note that is so heavy a burden that it sort of kills the bill. The fiscal note in our opinion should be discarded. It has come forth as an erroneous manipulation of numbers that are meant to lead to defeat of the bill.”
Myrdal said there were three different fiscal notes and none of them can be confirmed. The fiscal notes have ranged from 450 thousand to 300 million dollars. She added that the arguments for the fiscal notes were that it would take much time, and therefore money, to sift through all of the books in these public places.
“At one point there were over 100 full-time employees that were added as a suggestion on this particular bill, which again is frankly ludicrous,” said Myrdal. “Librarians know what they have in their libraries already. There’s a computerized, very strong system. They are hired to know, and they are already hired to review those. All this bill asks for is to remove it from the access of minors. It is not a ban. It never was.”
“Just how are these various library staff supposed to determine whether or not the books are unacceptable if they can’t have hired people to help read them?” asked Sen. Judy Lee, R-Dis. 13, West Fargo. “Because there’s no way anybody’s going to read every library book. I think the main contention here is that the definitions of obscenity and pornography may differ in one’s head, depending on who the person is.”
The bill includes a Miller test which the bill sponsor, Sen. Keith Boehm, R-Dis. 33, Mandan, said is a fully reviewed and well established test on how to determine obscene material.
“Every librarian knows what that looks like in their library,” said Boehm. “There’s only about 150 books that are in contention across our state. To say that it’s vague is not necessarily the right thing. They should be able to, in an afternoon, get those 150 books and put them where they are not accessible to children.”
“I would never accuse anyone who supports this bill of trying to ban books,” said Sen. Sean Cleary, R-Dis. 35, Bismarck. “In that same vein I wouldn’t say anyone who votes against this bill is somehow trying to expose kids to pornography. If the concern is exposure of pornography, that’s something I share, but we shouldn't pretend like there’s some sort of conspiracy to get this into our libraries.”
SB2360 passed the Senate by a vote of 33 to 14 and will be sent to the governor for consideration.
