A bill requiring school and public libraries to relocate content deemed “sexually explicit” passed the House on a 49-45 vote Monday after nearly 90 minutes of debate.
Senate Bill 2307, sponsored by Sen. Keith Boehm, R-Mandan, would allow people who challenge library content to seek a state’s attorney’s opinion if they don’t agree with a local content review process.
If the content is deemed obscene by the state’s attorney and not removed, state funding to the library or school could be withheld. The bill also allows a state’s attorney to prosecute violations, though it’s not clear who would be prosecuted.
Implementing the bill is estimated to cost $1.1 million for 2025-27, or $2 million over the next four years, to add an age verification system for the state’s online library database.
Rep. Eric Murphy, R-Grand Forks, who voted against the bill, said the bill’s fiscal note doesn’t address the costs that will be added to county state’s attorney’s offices.
“The cost of this was not determined and, of course, was a concern for the (Appropriations) Committee,” Murphy said.
Other critics of the bill have said there will be additional costs for local libraries to implement it.
The House Appropriations Committee issued a do-not-pass recommendation for the bill on a 22-1 vote Friday.
Rep. Bernie Satrom, R-Jamestown, who voted in favor of the bill, said the $1.1 million in costs for the age verification was a small price to pay to ensure that obscene content is kept from children.
He said he found it odd the House Judiciary Committee voted 12-1 to recommend passage of the bill while the House Appropriations Committee came to the opposite result.
Many comments from lawmakers referred to some library content as pornography.
“By passing this bill, we affirm that taxpayer dollars should never be used to purchase pornography,” said Rep. Kathy Frelich, R-Devils Lake.
One book lawmakers objected to was the “Heartstopper” LGBTQ graphic novel series that had been challenged at the Forman school library. The bill sponsor also distributed a list of the American Library Association’s top challenged books, along with a list of which North Dakota libraries carried them. Many of the books have LGBTQ themes or discuss sexual assault.
In a statement, the ACLU of North Dakota said the bill amounts to censorship and questioned who will decide what is considered obscene or sexually explicit.
“Government officials cannot impose their personal moral values on others,” Cody Schuler, ACLU of North Dakota advocacy manager, said in a statement. “If you don’t like a book, don’t read it – or don’t let your kids read it. It’s as simple as that.”
Barring a reconsideration of Monday’s House vote, the bill will be sent to Gov. Kelly Armstrong for his consideration.
SB 2307
A BILL for an Act to create and enact a new subsection to section 12.1-27.1-01 and two new sections to chapter 12.1-27.1 of the North Dakota Century Code, relating to the definition of a public library, required safety policies and technology protection measures, and the attorney general’s review of public libraries, school districts, and state agencies for compliance with statutes protecting minors from explicit sexual material; to amend and reenact subsection 5 of section 12.1-27.1-01 and sections 12.1-27.1-03.1, 12.1-27.1-03.5, and 12.1-27.1-11 of the North Dakota Century Code, relating to obscenity control; to provide for a report to the legislative management; and to provide a penalty.
House Sponsors: Steiner (R, District 37), Tveit (R, District 33),
Senate Sponsors: Boehm (R, District 33), Erbele (R, District 28), Hogue (R, District 38), Weston (R, District 15),
