UPDATE 3/7/2025 – The Senate is scheduled to hear the bill on Monday. Please reach out to your Senators and Tell them to vote NO on HB1239.
New legislation puts museum and art gallery workers at risk!
Dear Friends in the Arts,
It has come to our attention that HB 1239, known as the “library bill,” also targets our state’s cultural workforce. If HB 1239 passes the Senate on Monday and is signed into law, gallery workers, museum staff, and employees of arts organizations across the state could be at risk of prosecution.
The legislation is vague. For example, could employees of the parks department be prosecuted due to the presence of the Statue of David in downtown Sioux Falls? Similarly, would staff at a South Dakota art museum face legal consequences if a student group toured an exhibition featuring works by Cézanne or Picasso? These questions highlight the unintended consequences that could arise, impacting educational and cultural opportunities for our communities.
Write your senator before Monday, March 10, and urge them to vote NO on HB 1239, which removes legal protections for workers at libraries, museums, educational and arts institutions, exposing them to prosecution. HB 1239 threatens South Dakota jobs and institutions by creating legal uncertainty. Even without criminal penalties, the real impact will be lawsuits and professional hesitancy, placing undue burdens on arts organizations in our communities.
Thank you for your continued advocacy for the arts.
Jim Speirs
Executive Director
Arts South Dakota
Sample Letter:
SAMPLE LETTER:
Dear Senator [NAME],
I am writing to urge your NO vote on HB 1239, an act to revise certain affirmative defenses to dissemination of material harmful to minors and obscenity offenses. The legislation is vague and exposes gallery workers, museum staff, and employees of arts organizations across the state to the risk of prosecution.
For example, could employees of the parks department be prosecuted due to the presence of the Statue of David in downtown Sioux Falls? Similarly, would staff at a South Dakota art museum face legal consequences if a student group toured an exhibition featuring works by Cézanne or Picasso? These questions highlight the unintended consequences that could arise, impacting educational and cultural opportunities for our communities.
I urge you to consider these implications and ensure that the bill does not inadvertently harm our state’s vibrant arts and cultural institutions.
Thank you for your work in the South Dakota Legislature and taking time to hear my opinions.
Sincerely,
[SIGNED]
