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By Todd Epp,
The Dakota Scout
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, which establishes a formal process for challenging obscene materials in school and public libraries.
The original version of the bill would have repealed a legal exemption that shields librarians from prosecution under laws regulating obscenity and prohibiting the dissemination of material deemed harmful to minors.
The Senate version completely rewrote the bill, removing provisions that would have eliminated library exemptions from obscenity laws.
“This bill does absolutely nothing. Schools and libraries still don’t have to answer parents because they are totally and completely exempted from our laws on obscenity and material harmful to minors,” said Rep. Bethany Soye, R-Sioux Falls, the bill’s prime sponsor who wanted the measure sent to a conference committee.
Rep. Drew Peterson, R-Salem, spoke in favor of the Senate changes.
“The policy must allow for an individual to appeal to the school board to determine whether any matter or material is obscene,” he said. “Any determination made by the school board as to whether any matter or material is obscene is subject to judicial review in a court of competent jurisdiction.”
Rep. Will Mortenson, R-Fort Pierre, urged support for the amended bill.
“A lot of the folks asking you to vote no have a lot of emotion tied into this and have resorted to a lot of ad hominem attacks,” he said. “If you believe in this framework, then you should vote yes on this bill. It creates a civil cause of action to get to the judge.”
The passed version requires school districts and public libraries to implement policies by January 1, 2026, that allow individuals to appeal potentially obscene materials to either school boards or library governing bodies. Their decisions can then be challenged in court.
Rep. Liz May, R-Kyle, described finding inappropriate books in schools while helping a child with homework. “It was the darkest, ugliest book I have ever read,” May said.
May expressed further frustration during the debate.
“We have a responsibility. Good grief. What are we here for?” she said. “We can’t even agree that these books shouldn’t be in the schools. Somebody needs to say, OK, we’re going to look at these books, and we are going to get them out of the schools.”
But even some supporters of those who want more tools for parents to object to books supported the reworked bill.
“We don’t want these books in our schools. I am equally as mad as you are at the book companies,” said Rep. Amber Arlint, R-Sioux Falls, who supported concurring with the Senate’s changes. She 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.
South Dakota Searchlight contributed to this story.
