The South Dakota House voted to accept changes the Senate made to a bill regarding obscene materials in school and public libraries.
Representatives voted (March 11, 2025) 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.
Rep. Bethany Soye from Sioux Falls, the bill’s prime sponsor, wanted the measure sent to a conference committee.
Rep. Will Mortenson from Fort Pierre urged support for the amended bill, while also acknowledging the personal tone of the debate.
HB 1029 provides for an appeals process to the school district or library board, then with an appeal to state court.
Rep. Amber Arlint from Sioux Falls supported the idea of removing obscene books from libraries, but she did not want to criminalize librarians and disagreed with Rep. Soye’s approach.
The bill requires schools and libraries to publish their policies on their websites or in designated newspapers.
The bill now heads to Gov. Larry Rhoden for consideration. If signed, it would take effect July 1, 2025.
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