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HA2TOHB119 • 2025

This amendment would make the following changes to House Bill 119: 1.

This amendment would make the following changes to House Bill 119: 1.

Taxes
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Dukes
Last action
2025-05-22
Official status
Defeated 5/22/25
Effective date
Not listed

Plain English Breakdown

The official status shows this amendment was defeated, meaning these rules did not become law.

Amendment to House Bill 119 on Library Material Reviews

This amendment proposes requiring temporary removal of library books during reviews, expanding who can file objections in Kent County, allowing up to five simultaneous objections per person, and setting a one-year waiting period for re-reviewing the same material.

What This Bill Does

  • Requires libraries to remove materials from public access while an objection is being reviewed until the process concludes.
  • Sets a limit of 30 days to finish the review process after receiving an objection.
  • Allows taxpayers who fund library districts, even if they do not live in that specific area, to file objections.
  • Permits one person to submit up to five objections at the same time instead of filing them separately.
  • Stops new reviews for the same material within one year after a previous review ends.

Who It Names or Affects

  • Public libraries and their staff
  • Residents, business owners, property owners, or taxpayers who want to challenge library materials
  • Taxpayers in Kent County with hybrid financing arrangements for libraries

Terms To Know

Standing
The legal right of a person to file an objection based on their status as a resident, owner, or taxpayer.
Library District Taxpayer
A person who pays taxes that fund a library but may live outside the specific city where the library is located.

Limits and Unknowns

  • This amendment was defeated in the House of Representatives on May 22, 2025.
  • The text does not explain what happens if a review takes longer than 30 days to complete.
  • These changes only apply if they are adopted into House Bill 119.

Bill History

  1. 2025-05-22 Delaware General Assembly

    Introduced and Placed With Bill

  2. 2025-05-22 Delaware General Assembly

    Defeated In House by Voice Vote

Official Summary Text

This amendment would make the following changes to House Bill 119:
1. Require the brief removal of public library materials under review during the review process.
2. Expand those with standing to file an objection to library material to include the taxpayers of library districts. Kent County residents pay to use libraries in certain incorporated areas, but may not be residents of these municipalities. The current language of the bill would exclude potential objections of these stakeholders. This aspect of the amendment seeks to correct this inadvertent oversight. Kent County is the only county with this hybrid financing arrangement.
3. Allow an individual to file up to five objections at one time. This change would be more efficient, preventing the need to file and review similar objections to related material in a serial fashion.
4. Limit the review of any material by requiring a one-year period between the end of the review process and the filing of a new objection. This change would prevent bad actors from seeking to keep targeted material out of circulation by filing repeated challenges.
5. Limit the review period to no longer than 30 days after the initial receipt of the objection.

Current Bill Text

Read the full stored bill text
Legislation Document

SPONSOR:

Rep. Dukes

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE AMENDMENT NO. 2

TO

HOUSE BILL NO. 119

AMEND House Bill No. 119 by deleting lines 35 through 41 in their entirety and inserting in lieu thereof:

“

(1) Library materials under review due to an objection must be removed from public access until the review process is concluded. The review process must be concluded within 30 days of receipt of an objection.

(2) Only a resident, business owner, property owner of the area the public library serves, or a taxpayer of a library district financing a library, may submit an objection to material in that library.

(3) An individual may submit up to five objections to library material at a time. An individual may submit additional objections to library material after the review process has been completed on the previous objections, including any appeals.

”.

FURTHER AMEND House Bill No. 119 by inserting after line 41 the following:

“

(4) Material that has been previously reviewed will not be considered for further review within one year of the conclusion of the previous review process, including any appeals.

”.

SYNOPSIS

This amendment would make the following changes to House Bill 119:

1. Require the brief removal of public library materials under review during the review process.

2. Expand those with standing to file an objection to library material to include the taxpayers of library districts. Kent County residents pay to use libraries in certain incorporated areas, but may not be residents of these municipalities. The current language of the bill would exclude potential objections of these stakeholders. This aspect of the amendment seeks to correct this inadvertent oversight. Kent County is the only county with this hybrid financing arrangement.

3. Allow an individual to file up to five objections at one time. This change would be more efficient, preventing the need to file and review similar objections to related material in a serial fashion.

4. Limit the review of any material by requiring a one-year period between the end of the review process and the filing of a new objection. This change would prevent bad actors from seeking to keep targeted material out of circulation by filing repeated challenges.

5. Limit the review period to no longer than 30 days after the initial receipt of the objection.