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House narrowly agrees to Senate changes removing felony threat to librarians

South Dakota House chamber.
Lee Strubinger
/
SDPB
South Dakota House chamber.

House lawmakers are agreeing with Senate changes to a bill that would result in felony charges for librarians if a minor patron accesses material considered harmful to minors.

Instead, the amended bill sets forth a proceeding for parents to object to books in school and public libraries.

How House lawmakers voted on Senate amendments to HB 1239.
Lee Strubinger
/
SDPB
How House lawmakers voted on Senate amendments to HB 1239.

State Sen. David Wheeler drafted the change. The Republican from Huron said the amendment places decisions about controversial books in a civil proceeding.

“We want decisions made by parents. We want them made by school boards or city commissions first. Then, we can appeal those decisions to a court where we get decision son issues on the first amendment application, which is what this is really about," Wheeler said. "We want those things done in a setting where librarians aren’t subject to criminal prosecution if they get those decisions wrong.”

House lawmakers approved the Senate amendments Tuesday 36 to 34. Critics of the change say it overhauls the bill.

It now heads to Gov. Larry Rhoden’s desk for his consideration.

Lee Strubinger is SDPB’s Rapid City-based politics and public policy reporter. Lee is a two-time national Edward R. Murrow Award winning reporter. He holds a master’s in public affairs reporting from the University of Illinois-Springfield.