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ID S1289

Bill

Status

Introduced

2/7/2024

Primary Sponsor

State Affairs Committee

Click for details

Origin

Senate

2024 Regular Session

AI Summary

SB 1289 Summary

  • Creates new Idaho Code Section 18-1517B requiring every school and public library to establish a library materials review committee and adopt written policies for processing requests to relocate materials deemed harmful to minors by January 1, 2025.

  • Establishes a three-person minimum review committee (including at least one parent of a minor child) that must hold public hearings, provide seven days' notice, and issue written decisions explaining the criteria and rationale for relocating or retaining materials.

  • Allows affected persons to appeal committee decisions to the library or school board of trustees within seven days, and then seek judicial review through state courts if dissatisfied with the board's decision.

  • Prohibits libraries from making available to minors any materials previously found to be harmful to minors under the defined standards and procedures, with violations subject to civil liability.

  • Provides minors, parents, or legal guardians with a private right of action allowing recovery of $250 in statutory damages plus actual damages and injunctive relief; also grants county prosecutors and the attorney general authority to seek injunctions against violating libraries.

Legislative Description

Adds to existing law to establish standards for library materials and to establish procedures for the review and removal of materials, procedures for appeals, and penalties for violations.

PUBLIC LIBRARIES

Last Action

Filed in Office of the Secretary of Senate

2/22/2024

Committee Referrals

State Affairs2/8/2024
Judiciary and Rules2/7/2024

Full Bill Text

No bill text available