North Dakota lawmakers are revisiting potential regulations about the placement of allegedly questionable library materials, as well as a measure to clarify who may distribute state grants to libraries and how the State Library can provide surplus materials to local libraries.

Senate Bill 2307, which will be considered by the Senate Judiciary Committee, would require a public or school library to remove “explicit sexual material” or place it in an area of the library that is off limits to anyone younger than 18.

The bill would require North Dakota’s attorney general to investigate any complaint about whether a library had allowed minors access to explicit sexual material, and order the state treasurer and superintendent of public instruction to halt any distribution of state funds to the offending library until the situation is rectified.

Two years ago, the Legislature approved a law requiring libraries to develop policies for removing or relocating “explicit sexual material” and for responding to public complaints about its possible presence. The law, House Bill 1205, required libraries to periodically review their collections to ensure that explicit sexual material is not present in the library’s section for children.

In March 2024, the state librarian, Mary Soucie, told the Legislature’s interim Juvenile Justice Committee the law prompted five libraries to move some books. Two created a separate young adult collection.

House Bill 1420, which the House approved 92-2 on Jan. 22, clarifies that the State Library Coordinating Council is responsible for disbursing grants. Rep. Eric Murphy, R-Grand Forks, said there have been past issues in the past with council members believing they had authority over distribution of federal grants. 

The 11-member State Library Coordinating Council includes representatives of public and school libraries and members who represent the general public. It meets every three months to distribute state grants. The State Library also receives federal grants that it distributes. Public libraries are funded through local property taxes as well as state and federal grants. State and federal grants are important for helping libraries pay for services, programs and materials.

Senate Bill 2219, which was approved 46-0 in the Senate, makes it easier for the State Library to share materials with libraries throughout the state. Its sponsor, Sen. Sean Cleary, R-Bismarck, said it would help improve the State Library’s working relationship with local libraries. 

When the State Library regularly goes through its collection – the process is called “weeding” – workers assess if any unwanted materials would be valuable to a local library, State Librarian Mary Soucie said. The State Library lets local librarians know which materials are available and distributes them if the libraries are interested, she said. Senate Bill 2219 would allow the State Library to distribute the materials directly to other libraries without informing the state surplus property division, which normally handles disposal of items that state agencies no longer want. 

The bill also would allow the withholding of state aid to libraries that do not complete and submit their required annual reports. The aid would be withheld the following year.

The North Dakota Newspaper Association hires an intern and mentor each legislative session to supplement coverage for North Dakota newspapers, through a grant from the NDNA Education Foundation.