PIERRE, S.D.(SDBA)- The South Dakota House voted Tuesday to accept Senate changes to a controversial bill regarding obscene materials in school and public libraries, creating a clearer appeal process for concerned citizens.
Representatives voted 36-34 to concur with Senate amendments to House Bill 1239, establishing a formal process for challenging obscene materials in schools and public libraries.
The Senate version completely rewrote the bill, removing provisions that would have eliminated library exemptions from obscenity laws.
Republican Rep. Bethany Soye from Sioux Falls, the bill’s prime sponsor, wanted the measure sent to a conference committee.
Republican Rep. Will Mortenson from Fort Pierre urged support for the amended bill.
He also noted the personal tenor of the debate.
Under existing law, schools had to have a local policy by Jan. 1, 2025, that established measures to restrict minors from accessing obscene matter or materials.
HB 1029 provides for an appeals process to the school district or library board, then with an appeal to state court.
Republican Rep. Liz May from Kyle described finding inappropriate books in schools while helping a child with homework.
May also expressed her frustration during the debate.
Republican Rep. Amber Arlint from Sioux Falls supported the idea of removing obscene books from libraries but disagreed with Rep. Soye’s approach.
She also said she did not want to criminalize librarians.
The bill requires schools and libraries to publish their policies on their websites or in designated newspapers.
The House’s approval means the bill now heads to Gov. Larry Rhoden for consideration.
If signed, the law would take effect on July 1.
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