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South Dakota House Bill HB1239

South Dakota 2025 Regular Session

South Dakota House Bill HB1239 Compare Versions

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1-25.376.15 100th Legislative Session 1239
1+25.376.14 100th Legislative Session 1239
22
33
44 2025 South Dakota Legislature
55 House Bill 1239
6-ENROLLED
6+SENATE ENGROSSED
77
8-AN ACT
8+This bill has been extensively amended (hoghoused) and may no longer be
9+consistent with the original intention of the sponsor.
910
1011
11-ENTITLED An Act to revise certain provisions related to the restriction of access to
12-obscene materials in a public library or public school library.
13-BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
14-Section 1. That § 22-24-55 be AMENDED:
15-22-24-55. Each public school in the state shall:
16-(1) Equip each public access computer with software that will limit minors' ability to
17-gain access to obscene matter or materials, as defined by § 22-24-27, or purchase
18-internet connectivity from an internet service provider that provides filter services
19-to limit access to obscene materials; and
20-(2) Develop and implement, by January 1, 2025, a local policy that establishes
21-measures to restrict minors from accessing obscene matter or materials. The policy
22-must allow for an individual to appeal to the school board to determine whether
23-any matter or material is obscene. Any determination made by the school board
24-as to whether any matter or material is obscene is subject to judicial review in a
25-court of competent jurisdiction. The school board shall:
26-(a) Publish the policy on the school district's website; or
27-(b) Publish the policy annually in the legal newspaper designated by the school
28-board pursuant to § 13-8-10.
29-Section 2. That § 22-24-56 be AMENDED:
30-22-24-56. Each public library in the state shall:
31-(1) Equip each public access computer with software that will limit minors' ability to
32-gain access to obscene matter or material, as defined by § 22-24-27, or purchase
33-internet connectivity from an internet service provider that provides filter services
34-to limit access to obscene material; and 25.376.15 2 1239
35-HB1239 ENROLLED
36-(2) Develop and implement, by January 1, 2025, a local policy that establishes
37-measures to restrict minors from accessing obscene matter or materials. The policy
38-must allow for an individual to appeal to the governing body of the public library,
39-as defined in § 14-2-27, to determine whether any matter or material is obscene.
40-Any determination made by the governing body as to whether any matter or
41-material is obscene is subject to judicial review in a court of competent jurisdiction.
42-The public library shall:
43-(a) Publish the policy on the official website of the political subdivision that
44-maintains the library; or
45-(b) Publish the policy annually in a legal newspaper designated by the
46-governing body of the political subdivision that maintains the library
47-pursuant to § 7-18-3 or 9-12-6. 25.376.15 3 1239
48-HB1239 ENROLLED
49-An Act to revise certain provisions related to the restriction of access to obscene materials in
50-a public library or public school library.
12+Introduced by: Representative Soye
5113
52-
53-
54-
55-I certify that the attached Act originated in
56-the:
57-
58-House as Bill No. 1239
59-
60-
61-
62-Chief Clerk
63-
64-
65-
66-
67-Speaker of the House
68-
69-Attest:
70-
71-
72-
73-
74-Chief Clerk
75-
76-
77-
78-
79-President of the Senate
80-
81-Attest:
82-
83-
84-
85-
86-
87-Secretary of the Senate
88-
89-
90-
91-House Bill No. 1239
92-File No. ____
93-Chapter No. ______
94-
95-
96-
97-Received at this Executive Office
98-this _____ day of _____________,
99-
100-2025 at ____________M.
101-
102-
103-
104-By
105-for the Governor
106-
107-
108-The attached Act is hereby
109-approved this ________ day of
110-______________, A.D., 2025
111-
112-
113-
114-
115-
116-Governor
117-
118-STATE OF SOUTH DAKOTA ,
119-ss.
120-Office of the Secretary of State
121-
122-
123-Filed ____________, 2025
124- at _________ o'clock __M.
125-
126-
127-
128-
129-
130-Secretary of State
131-
132-
133-
134-By
135-Asst. Secretary of State
136-
137-
14+ Underscores indicate new language.
15+ Overstrikes indicate deleted language.
16+An Act to revise certain provisions related to the restriction of access to obscene 1
17+materials in a public library or public school library. 2
18+BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
19+Section 1. That § 22-24-55 be AMENDED: 4
20+22-24-55. Each public school in the state shall: 5
21+(1) Equip each public access computer with software that will limit minors' ability to 6
22+gain access to obscene matter or materials, as defined by § 22-24-27, or purchase 7
23+internet connectivity from an internet service provider that provides filter services 8
24+to limit access to obscene materials; and 9
25+(2) Develop and implement, by January 1, 2025, a local policy that establishes 10
26+measures to restrict minors from accessing obscene matter or materials. The policy 11
27+must allow for an individual to appeal to the school board to determine whether 12
28+any matter or material is obscene. Any determination made by the school board 13
29+as to whether any matter or material is obscene is subject to judicial review in a 14
30+court of competent jurisdiction. The school board shall: 15
31+(a) Publish the policy on the school district's website; or 16
32+(b) Publish the policy annually in the legal newspaper designated by the school 17
33+board pursuant to § 13-8-10. 18
34+Section 2. That § 22-24-56 be AMENDED: 19
35+22-24-56. Each public library in the state shall: 20
36+(1) Equip each public access computer with software that will limit minors' ability to 21
37+gain access to obscene matter or material, as defined by § 22-24-27, or purchase 22
38+internet connectivity from an internet service provider that provides filter services 23
39+to limit access to obscene material; and 24 25.376.14 2 1239
40+ Underscores indicate new language.
41+ Overstrikes indicate deleted language.
42+(2) Develop and implement, by January 1, 2025, a local policy that establishes 1
43+measures to restrict minors from accessing obscene matter or materials. The policy 2
44+must allow for an individual to appeal to the governing body of the public library, 3
45+as defined in § 14-2-27, to determine whether any matter or material is obscene. 4
46+Any determination made by the governing body as to whether any matter or 5
47+material is obscene is subject to judicial review in a court of competent jurisdiction. 6
48+The public library shall: 7
49+(a) Publish the policy on the official website of the political subdivision that 8
50+maintains the library; or 9
51+(b) Publish the policy annually in a legal newspaper designated by the 10
52+governing body of the political subdivision that maintains the library 11
53+pursuant to § 7-18-3 or 9-12-6. 12