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ID S1289
Bill
Status
2/7/2024
Primary Sponsor
State Affairs Committee
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AI Summary
SB 1289 Summary
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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.
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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.
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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.
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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.
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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