State Rep. Krista Griffith’s (D-Fairfax) Freedom to Read Act clears the Delaware House with some bipartisan support after debate on seven proposed amendments from Republicans.
House Republican Leader Tim Dukes (R-Laurel) signed onto the bill as a co-sponsor when it was first filed, but he voted against the bill Thursday when several of his proposed amendments did not receive enough support to be added to the legislation.
House Bill 119 would ensure books are not removed from public and school libraries for identity-based, ideological or religious reasons.
The act also requires libraries to develop policy and procedures for when an objection to a library book is made and creates the School Library Review Committee if individuals want to appeal a decision made by a school board.
Under the bill, a book must remain available while a school board reviews if the content is appropriate, and the board must make a decision on a reasonable timeline.
Rep. Dukes believes school boards should have the final say in any book removals, and when his amendment to strike the creation of the School Library Review Committee failed among others, he explained he could no longer support the bill.
“I feel like that we've taken, in some ways, a step backwards because we're giving up local control now and we're turning it over to a higher group that is not always invested in the community. I will always always work to protect my local community," Rep. Dukes said.
He introduced two other amendments that would have required books to be removed from student access if they are being reviewed for content-appropriateness, but Rep. Griffith argues this change would cut the very heart of the legislation.
“This [House] Amendment 2 is unfriendly for the following reasons. The whole purpose of the legislation in [House Bill] 119 is to prevent the arbitrary removal of books from library shelves," she explained. "Would we want 50 people to go into 50 different libraries in the state and exercise a challenge, and just by simply virtue of that challenge, that book is off the shelf?"
Those three proposed changes from Dukes did not garner enough support to be added to the bill. He ultimately struck two of his proposed amendments and combined them into House Amendment 8, which largely makes technical corrections — that change did gain approval from the body.
State Rep. Lyndon Yearick (R-Magnolia) introduced an amendment that allows a taxpayer of a library district financing a library to submit an objection to material — this is an addition to the bill's list of individuals who can make an objection, which includes a resident, business owner and property owner of the area a public library serves.
For an objection in a school library, only an enrolled student, parent or guardian or school personnel can make objections under the bill's language.
Rep. Griffith voiced support for Rep. Yearick's amendment and introduced her own change that exempts libraries within the Delaware Department of Correction from the bill's provisions.
The bill passed the House 27-10 with some bipartisan support and heads to the Senate for consideration.
