25.376.14 100th Legislative Session 1239
2025 South Dakota Legislature
House Bill 1239
SENATE ENGROSSED
This bill has been extensively amended (hoghoused) and may no longer be
consistent with the original intention of the sponsor.
Introduced by: Representative Soye
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to revise certain provisions related to the restriction of access to obscene 1
materials in a public library or public school library. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That § 22-24-55 be AMENDED: 4
22-24-55. Each public school in the state shall: 5
(1) Equip each public access computer with software that will limit minors' ability to 6
gain access to obscene matter or materials, as defined by § 22-24-27, or purchase 7
internet connectivity from an internet service provider that provides filter services 8
to limit access to obscene materials; and 9
(2) Develop and implement, by January 1, 2025, a local policy that establishes 10
measures to restrict minors from accessing obscene matter or materials. The policy 11
must allow for an individual to appeal to the school board to determine whether 12
any matter or material is obscene. Any determination made by the school board 13
as to whether any matter or material is obscene is subject to judicial review in a 14
court of competent jurisdiction. The school board shall: 15
(a) Publish the policy on the school district's website; or 16
(b) Publish the policy annually in the legal newspaper designated by the school 17
board pursuant to § 13-8-10. 18
Section 2. That § 22-24-56 be AMENDED: 19
22-24-56. Each public library in the state shall: 20
(1) Equip each public access computer with software that will limit minors' ability to 21
gain access to obscene matter or material, as defined by § 22-24-27, or purchase 22
internet connectivity from an internet service provider that provides filter services 23
to limit access to obscene material; and 24 25.376.14 2 1239
Underscores indicate new language.
Overstrikes indicate deleted language.
(2) Develop and implement, by January 1, 2025, a local policy that establishes 1
measures to restrict minors from accessing obscene matter or materials. The policy 2
must allow for an individual to appeal to the governing body of the public library, 3
as defined in § 14-2-27, to determine whether any matter or material is obscene. 4
Any determination made by the governing body as to whether any matter or 5
material is obscene is subject to judicial review in a court of competent jurisdiction. 6
The public library shall: 7
(a) Publish the policy on the official website of the political subdivision that 8
maintains the library; or 9
(b) Publish the policy annually in a legal newspaper designated by the 10
governing body of the political subdivision that maintains the library 11
pursuant to § 7-18-3 or 9-12-6. 12