PIERRE, S.D.(HubCityRadio)- The South Dakota Senate debated HB1239.  The bill revise certain affirmative defenses to dissemination of material harmful to minors and obscenity offenses.

Prime sponsor on the Senate side was Senator Lauren Nelson of Yankton.

Nelson talks about the Miller test as the law used to determine obscene materials.

Senator David Wheeler of Huron offered an amendment to the bill to address concern about whether librarians can be criminally charged for this.

The amendment would make it a civil case instead of criminal.  That would cost money for the accuser to do this.  Senator Taffy Howard of Rapid City opposed the measure based on that.

The amendment passed on a 18-16 vote.

Senator Carl Perry of Aberdeen spoke in favor of the bill as amended.

The Senate passed the bill on a 32-2 vote with the amendment added.

The South Dakota House on Tuesday narrowly concurred on the amendment on a 36-34.  The bill now heads to the Governor’s desk for signature.