House Judiciary Committee Hears Bill to Require Libraries, Schools Relocate Explicit Material; ODIN Says $1.1M Upgrade Needed

BISMARCK, N.D. — The House Judiciary Committee on Oct. 12 heard testimony on Senate Bill 2307, a measure that would create a process for patrons to challenge sexually explicit or obscene materials in public libraries and K–12 school libraries and require those materials to be moved to areas “not easily accessible to minors” if a state's attorney later deems them obscene.

The bill’s sponsor, Senator Behm, told the committee the measure is “a necessary and measured step in protecting minors from exposure to obscene and explicitly sexual materials in schools and libraries,” and repeatedly said, “This bill does not ban books. It simply ensures that explicit content is not easily accessible to minors.”

Why it matters: Supporters said the bill fills a perceived enforcement gap after local review processes failed in some districts; opponents said the measure would impose heavy operational, legal and fiscal burdens on small libraries and risk chilling access to legitimate materials. Neutral technical witnesses warned the bill would require major changes to electronic resource systems used across the state.

Most important provisions and timelines

- Complaint and local review: Under the bill a patron can request that a school district, public library or state agency review material alleged to contain obscene or explicit content. Local committees, boards or administrators would perform an initial review and could escalate the matter to a state's attorney.

- State's-attorney review and remedy windows: If a state's attorney issues an opinion finding the material obscene, the library or school would have a 10-day window to take corrective action (usually relocation to an area not easily accessible to minors). The state's-attorney review period is 60 days from receipt of the request; supporters and bill language referenced a total possible timeframe “up to 70 days” that can elapse from complaint to required corrective action.

- Penalties and funding consequences: If an institution fails to comply after a state's-attorney opinion, the bill as drafted authorizes withholding of state funds; the state library testified it wants to receive the report when that step is reached so it can coordinate any withholding with the treasurer and the Department of Public Instruction for school libraries.

Supporters’ testimony…