South Dakota House Bill HB1163

South Dakota 2023 Regular Session

• Introduced: 1/26/23
• Refer: 1/26/23
• Report Pass: 2/8/23

Caption

Prohibit the dissemination of obscene material to minors in a public school or public library.

Impact

The legislation holds public schools and libraries accountable for the presence of obscene material by requiring them to proactively implement policies by January 1, 2024. Should they fail to adopt these policies or ensure the accessibility restrictions are enforced, public funding for the respective institutions can be withheld. This provision indicates the state's intention to enforce compliance strictly and emphasizes the bill's seriousness regarding minor protection.

Summary

House Bill 1163 aims to prohibit the dissemination of obscene material to minors in South Dakota's public schools and libraries. The bill requires each public school and library to adopt a specific policy that restricts minors from accessing or obtaining such material. Additionally, the governing bodies of these institutions must establish a reporting method for individuals to identify material they believe to be obscene and create procedures for determining the obscenity of reported materials.

Contention

While the bill may be aimed at protecting children, it could also lead to notable debates around censorship and the definition of obscenity. Critics may argue this bill could limit access to valuable resources and information, raising concerns about how obscenity is defined and who decides what is considered obscene. There could also be fears regarding overreach into academic freedom and the potential chilling effect on educational content in schools and libraries.

Voting_history

The bill was discussed in committee, receiving a favorable vote with 9 yeas and 3 nays, and was deferred to the 41st legislative day on February 8, 2023, indicating legislative support but also the possibility of further debates and amendments before final approval.