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Library content bill faces skepticism, criticism during North Dakota committee hearing • North Dakota Monitor [1]
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Date: 2025-04-10
The chief sponsor of a library content bill faced bipartisan pushback Thursday from legislators who questioned the need for the bill, a lack of engagement with librarians and outdated data.
North Dakota Sen. Keith Boehm, R-Mandan, appeared before the House Appropriations Committee to discuss Senate Bill 2307. The bill would require school and public libraries to relocate books deemed “sexually explicit” to areas not easily accessible by minors. The bill also proposes that local state’s attorneys would investigate and prosecute violations, and state funds could be withheld from schools or libraries in violation.
A fiscal note estimates it would cost the state about $2 million through 2029 to comply with the bill. That’s the estimated cost to add an age-verification system for an online database used by North Dakota libraries.
Boehm introduced an amendment Thursday to remove the section of the bill that affects online content, which would eliminate the fiscal note.
Rep. Karla Rose Hanson, D-Fargo, told Boehm his amendment would add a “really large loophole” to his bill.
“If it’s a huge concern, it seems like it would be an inconsistent application of your policy just to eliminate a fiscal note in order to get it passed,” Hanson said.
Other lawmakers pointed out the estimated fiscal impact does not include expenses local libraries or schools would incur.
Lawmakers in 2023 passed House Bill 1205, which required books with sexually explicit content to be removed from the children’s section. It also required libraries to develop policies for reviewing and removing content.
Rep. Steve Swiontek, R-Fargo, questioned the need for the latest bill and said some of Boehm’s testimony was misleading.
Boehm provided committee members with the 2023 American Library Association list of the top 10 most challenged books, along with a list of North Dakota libraries that had those books. Many of the books have LGBTQ themes or discuss sexual assault.
Committee members pointed out the books were on the list because they had been challenged at libraries across the country, not because they were deemed to be obscene. Boehm also acknowledged he had not verified if the controversial books were in children’s sections of North Dakota libraries.
Rep. Eric Murphy, R-Grand Forks, pointed to a book on the list called “Sold,” a story about a young Nepalese woman who was sold into sex trafficking.
“Would this not, perhaps, be a good book for some of our older, adolescent girls to perhaps read?” Murphy asked.
Boehm said it depends on if the content sexualizes children.
Rep. Alisa Mitskog, D-Wahpeton, said it was troublesome that Boehm told the committee that he did not speak to any librarians, members of the library association or school board association when crafting the bill.
In response to a question from Mitskog, Boehm said he has visited five North Dakota libraries in the past four years while working to address concerns about library content.
“I’m expressing a bit of frustration by the lack of engagement and I encourage sitting down with those groups,” Mitskog said.
Boehm said even though he had not engaged those stakeholders, it didn’t mean that the bill’s other sponsors had not reached out to them.
Rep. Brandy Pyle, R-Casselton, said the data Boehm provided the committee is two years old and she would have liked more information to help her make a decision.
“It definitely feels like you are giving us one side of the story rather than the whole story,” Pyle said.
Rep. Mike Brandenburg, R-Edgeley, said he has constituents who want lawmakers to take action on library content. He said more than 200 people signed a petition objecting to a book in the Forman school library, but the school continues to have the book. The book is from the “Heartstopper” LGBTQ+ graphic novel series.
“You can’t say it’s not happening in North Dakota,” he said.
Jonathan Byers, a member of the State’s Attorneys’ Association, recommended the committee give the bill a do-not-pass recommendation.
He said a majority of county prosecutors do not employ investigators and the bill would likely require offices to add staff.
The added duties would include investigating each instance brought by concerned citizens, evaluating whether the content qualifies as obscene, issuing an opinion and possible removal order and following up if content is not removed.
Byers said he didn’t believe state’s attorneys were consulted about the bill.
The committee took no immediate action after the hearing. The bill previously received a do-pass recommendation from the House Judiciary Committee and advanced in the Senate on a 27-20 vote.
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