By: Michael Achterling(ND Monitor)
The North Dakota House Appropriations Committee voted 22-1 Friday to issue a do-not-pass recommendation on a bill that would require school and public libraries to relocate books deemed “sexually explicit” to areas not easily accessible by minors.
The committee also rejected an amendment from the bill’s chief sponsor, Sen. Keith Boehm, R-Mandan, to exempt an online library database from the bill. Adding an age verification system to the online database was estimated to cost about $2 million over four years, adding a significant price tag to the legislation.
During discussion of the bill Friday, Rep. Karla Rose Hanson, D-Fargo, said the amendment would create a glaring “loophole” that would allow minors to access the perceived explicit content even if other books were physically relocated.
Rep. Brandy Pyle, R-Casselton, said the amendment would have been a “massive policy change” from the original version of the bill. She added the Appropriations Committee didn’t hold a full hearing on the possible changes with members of the public and other concerned stakeholders.
The bill also calls for state’s attorneys to investigate and prosecute violations, and for state funds to be withheld from schools or libraries that don’t comply.
Rep. David Richter, R-Williston, said he was concerned about added costs for state’s attorneys that were not included in the fiscal note but would impact local communities.
Rep. Keith Kempenich, R-Bowman, said he feared the bill could be considered unconstitutional because the state could be in violation of its public education mandate for students if it withholds funding for schools that are out of compliance.
Rep. Mike Brandenburg, R-Edgeley, was the only committee member to support the bill. On Thursday he said voters in his district want lawmakers to take action on library content after a school did not remove a book that many found objectionable.
The bill will move to the House floor for a vote by the entire chamber. It previously was approved in the Senate and received a do-pass recommendation from the House Judiciary Committee.
