25.376.15 100th Legislative Session 1239
2025 South Dakota Legislature
House Bill 1239
ENROLLED
AN ACT
ENTITLED An Act to revise certain provisions related to the restriction of access to
obscene materials in a public library or public school library.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-24-55 be AMENDED:
22-24-55. Each public school in the state shall:
(1) Equip each public access computer with software that will limit minors' ability to
gain access to obscene matter or materials, as defined by § 22-24-27, or purchase
internet connectivity from an internet service provider that provides filter services
to limit access to obscene materials; and
(2) Develop and implement, by January 1, 2025, a local policy that establishes
measures to restrict minors from accessing obscene matter or materials. The policy
must allow for an individual to appeal to the school board to determine whether
any matter or material is obscene. Any determination made by the school board
as to whether any matter or material is obscene is subject to judicial review in a
court of competent jurisdiction. The school board shall:
(a) Publish the policy on the school district's website; or
(b) Publish the policy annually in the legal newspaper designated by the school
board pursuant to § 13-8-10.
Section 2. That § 22-24-56 be AMENDED:
22-24-56. Each public library in the state shall:
(1) Equip each public access computer with software that will limit minors' ability to
gain access to obscene matter or material, as defined by § 22-24-27, or purchase
internet connectivity from an internet service provider that provides filter services
to limit access to obscene material; and 25.376.15 2 1239
HB1239 ENROLLED
(2) Develop and implement, by January 1, 2025, a local policy that establishes
measures to restrict minors from accessing obscene matter or materials. The policy
must allow for an individual to appeal to the governing body of the public library,
as defined in § 14-2-27, to determine whether any matter or material is obscene.
Any determination made by the governing body as to whether any matter or
material is obscene is subject to judicial review in a court of competent jurisdiction.
The public library shall:
(a) Publish the policy on the official website of the political subdivision that
maintains the library; or
(b) Publish the policy annually in a legal newspaper designated by the
governing body of the political subdivision that maintains the library
pursuant to § 7-18-3 or 9-12-6. 25.376.15 3 1239
HB1239 ENROLLED
An Act to revise certain provisions related to the restriction of access to obscene materials in
a public library or public school library.
I certify that the attached Act originated in
the:
House as Bill No. 1239
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
House Bill No. 1239
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2025 at ____________M.
By
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2025
Governor
STATE OF SOUTH DAKOTA ,
ss.
Office of the Secretary of State
Filed ____________, 2025
at _________ o'clock __M.
Secretary of State
By
Asst. Secretary of State