It’s the final week of legislative session, and that means many of the most contentious, and consequential, bills are approaching the finish line.
Lawmakers in the state Senate amended a bill removing legal protections for librarians accused of distributing obscene material to minors, essentially gutting the legal repercussions librarians might face from the measure.
Under HB 1239 in its original form, librarians, teachers and other public education employees would have faced potential obscenity charges if minors received materials deemed “harmful.”
The intensity of debate was reflected in charged language used on the Senate floor Monday, including in Rapid City Republican Sen. Taffy Howard’s response to examples of disputed books brought by proponents of the bill.
“If someone had knowingly given this to my children when they were little, I would want them strung from the nearest tree," Howard said. "There’s more than I would want than just a simple slap on the wrist.”
Many of the most frequently challenged books featuring themes of abuse, LGBT+ themes, and critique of American policy have already been challenged in South Dakota.
While the Miller Test remains the standard for book challenges, it is unclear if parents looking to bring charges against librarians would read every page of a disputed book.
Hence, due diligence was a recurring theme in debate. Sioux Falls Sen. Jamie Smith, Democratic majority leader, said potential prosecution does little when processes are already in place.
“We don’t need to give it teeth because nothing has been done that has been a problem in our state," Smith said. "The first question we have to ask ourselves is why do we want to create a law? It’s to solve a problem. There is no problem. There are systems in place to review material.”
An amendment changing the focus of litigation to the book appeals process and moving the legal process from criminal to civil court — essentially removing the threat of litigation against librarians — carried on the Senate floor in an 18 to 16 vote, ultimately defanging much of bill.
Ultimately the amended bill passed the Senate on a 32 to 2 vote. It next heads back to the House, and potentially faces a conference committee between House and Senate lawmakers.