Dodging bullets at the Statehouse corral

BOISE — Another year goes by, another legislative session “sine dies” and once again I’m left contemplating the fallibility of the human mind.

My mind, at least, if no one else’s.

For 14 years now, I’ve written legislative preview stories that attempt to identify the “top priorities” lawmakers will focus on in the coming months.

And for 14 years, I’ve gotten it wrong. Pretty much every session ends up turning on something I never mentioned and likely never even imagined.

Two years ago it was the COVID-19 pandemic, which caught everyone by surprise. Last year, critical race theory and the threat of rogue teachers indoctrinating our youth reared its ugly head. This year, it was smut-peddling librarians.

How did I miss that one?

Over the past five years, lawmakers never rejected a single proposed budget for the Idaho Commission for Libraries. Never even came close.

This year, it took five tries to get something the House would accept — and even that didn’t happen until $3.5 million was lopped off the commission’s $11 million budget. The federal funding would have been used to improve access to telehealth services, primarily at rural libraries.

This virulent reaction to a previously innocuous budget illustrates the different mindsets at play in the Idaho House and Senate.

House conservatives came into the 2022 session with the laudable goal of addressing concerns that inappropriate material can be found in the teen and young reader sections of Idaho school and public libraries.

“For many years now, I’ve been concerned about the obscene and pornographic material that’s finding its way into our schools and libraries,” said Rep. Gayann DeMordaunt, R-Eagle. “It’s likely this is inadvertent, but the increased exposure of children to this material in places I as a parent assumed was safe is downright alarming. We can and should expect a level of vigilance in protecting our children from harmful material.”

Had she stopped there, she would have had an easy win.

Instead, DeMordaunt chose to go after librarians. She sponsored House Bill 666, which would remove language in state code that shields librarians from prosecution for disseminating “obscene material” to minors under the age of 18.

Given the broad definition of obscene material under Idaho law, the bill left librarians wondering it they’d be arrested for handing out old “National Geographic” magazines or books of religious art.

This practice of going after someone whenever something happens that we don’t like is entirely consistent with the House’s view of itself as the town marshal. At the drop of the hat, it’s ready to go guns blazing in defense of us helpless townfolk.

Shoot first, ask questions later.

Unfortunately for DeMordaunt, that approach is entirely inconsistent with the Senate’s sniper-like mindset — its insistence that problems are best solved by understanding the issues and then fixing them in ways that avoid collateral damage or unintended consequences.

Aim first, then fire.

Unconvinced that legions of pedophile librarians are trying to corrupt Idaho youth, the Senate never even gave HB 666 a hearing.

It did, however, agree to participate in a working group that will bring lawmakers and librarians together in an effort to figure out what’s really going on and what should be done about it.

House Republicans showed their displeasure by plugging the libraries budgets full of holes and then lobbing a few grenades at the Senate.

“I’d encourage all of us to go back to our districts and let our constituents know what the Senate did to stop a good bill that removes this exemption for libraries that are pushing pornography on our children,” said Rep. Heather Scott, R-Blanchard.

Rep. Tammy Nichols, R-Middleton, who is running for the Senate herself, further politicized the issue by saying “the statement needs to be strongly sent that we’re in this position because those (in the Senate) put us in this position.”

If any statement needs to be sent, it’s that supporters of HB 666 couldn’t hit the side of a barn. They failed the most basic lesson of representative government, which is that it takes a majority vote to pass legislation.

That goal is best achieved by convincing colleagues, not berating them. Focus on solving problems, not using them as wedge issues in the upcoming primary.

The proposed working group — which ended up being a last-minute compromise the House reluctantly accepted — arguably should have been the first step taken: Identify a concern, get the stakeholders together to discuss solutions, then propose consensus legislation to address the issue.

Aim first, then fire. Problem solved.

But for whatever reason, some House members prefer to blast away. They make lots of noise, reload and blast away again, but their aim is atrocious.

It makes for a surprising and entertaining session, if a bit dangerous for innocent bystanders.

Rest assured, though, whatever stray bullets or out-of-the-blue issues come close to derailing the 2023 legislative session, you won’t read about them here first.

Spence may be contacted at bspence@lmtribune.com or (208) 791-9168.