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Library director warns state budget cuts and new book-review law could create new appeal steps and uncertainty
Summary
Director Kevin briefed the board on State Library staffing cuts, uncertain federal IMLS funding after a presidential executive order, and changes to HB 1239 that could require appeals to city councils and open decisions to court review.
Library Director Kevin updated the board on developments at the state and federal level that could change how libraries handle challenged materials and how they are funded.
Kevin said the South Dakota State Library will eliminate three positions after legislative budget cuts, though the final reductions were smaller than originally proposed. He told the board that federal matching tied to the Institute of Museum and Library Services (IMLS) was restored in the legislative compromise, but he warned that a recent presidential executive order identified additional agencies for potential cuts and “IMLS is one of those,” so federal funding remains uncertain.
Kevin also reviewed changes to House Bill 1239. He said the bill was significantly amended on the Senate floor and now adds procedures to the reconsideration process for challenged books. The amended text, he said, requires library policies to allow an appeal to the library’s “governing body,” and under the statutory definition in the bill that same phrase is defined as the elected city council. Kevin said he will consult Justin, the city attorney, to determine whether library policy and the board’s current role as final reviewer remain compliant or whether an additional appeal to the city council would be required.
Kevin said the bill’s original language had raised concerns about potential criminal liability for employees; the amended version removed some of that language but, he said, the law also explicitly allows appeals to the courts. Kevin said Senator Palmas Kimmins told him supporters plan to bring similar legislation back next year.
No formal board action was taken; the update was provided as information and staff said they will seek legal guidance from the city attorney on implementation and reporting requirements.
Why it matters: changes to state statute and uncertainty about federal matching funds can affect library operations, including access to statewide databases, interlibrary loan courier services and software paid in part by federal and state grants. The statutory change could also expand who hears appeals of challenged materials, which has procedural and political implications for how such disputes are resolved.
