Text of ND HB 1205 (2023)

23.0407.02000 Sixty-eighth Legislative Assembly of North Dakota Introduced by Representatives Lefor, Steiner A BILL for an Act to create and enact a new section to chapter 12.1-27.1 of the North Dakota Century Code, relating to prohibiting public libraries from maintaining sexually explicit books; to amend and reenact section 12.1-27.1-03.1 of the North Dakota Century Code, relating to objectionable materials or performances; and to provide for application. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. AMENDMENT. Section 12.1-27.1-03.1 of the North Dakota Century Code is amended and reenacted as follows: 12.1-27.1-03.1. Objectionable materials or performance - Display to minors - Definitions - Penalty. 1. A person is guilty of a class B misdemeanor if he willfully displays at newsstands or any other business establishment frequented by minors, or where minors are or may be invited as a part of the general public, any photograph, book, paperback book, pamphlet, or magazine, the exposed cover or available content of which exploits, is devoted to, or is principally made up of depictions of nude or partially denuded human figures posed or presented in a manner to exploit sex, lust, or perversion for commercial gain. 2. As used in this section: a. "Nude or partially denuded human figures" means less than completely and opaquely covered human genitals, pubic regions, female breasts or a female breast, if the breast or breasts are exposed below a point immediately above the top of the areola, or human buttocks; and includes human male genitals in a discernibly turgid state even if completely and opaquely covered. b. "Where minors are or may be invited as a part of the general public" includes any public roadway or public walkway. Page No. 1 23.0407.02000 HOUSE BILL NO. 1205 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Sixty-eighth Legislative Assembly c. The above shallmay not be construed to include a bona fide school, college, university, museum, public library, or art gallery. SECTION 2. A new section to chapter 12.1-27.1 of the North Dakota Century Code is created and enacted as follows: Public libraries prohibited from maintaining or promoting certain books. 1. As used in this section: a. "Explicit sexual material" does not include works of art that, when taken as a whole, have serious artistic significance, or works of anthropological significance, or materials used in science courses, including materials used in biology, anatomy, physiology, or sexual education classes. The term means any pictorial, three - dimensional, or visual depiction, including any photography, picture, or computer-generated image, showing: (1) Human masturbation; (2) Deviant sexual intercourse; (3) Sexual intercourse; (4) Direct physical stimulation of genitals; (5) Sadomasochistic abuse; (6) Postpubertal human genitals; (7) Sexual preferences; (8) Sexual activity; (9) Sexual perversion; (10) Sex - based classifications; (11) Sexual identity; or (12) Gender identity. b. "Public library" means a library containing collections of books or periodicals for the general population to read, borrow, or refer to which is supported with funds derived from taxation. 2. A public library may not maintain in its inventory or promote books that make as their primary subject the study of explicit sexual material. Page No. 2 23.0407.02000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Sixty-eighth Legislative Assembly 3. An individual who believes a public library is maintaining a book in violation of subsection 2 may submit a written request to the public library to remove the book from its inventory. 4. A public library shall remove the book requested for removal within thirty days of receiving the request. 5. By January 1, 2024, each public library shall develop a policy and process for reviewing library collections to ensure conformance with the requirements of this section. The policy must include a procedure: a. For the development of a book collection that is appropriate for the age and maturity levels of the individuals who may access the materials, and which is suitable for, and consistent with, the purpose of the library; b. For the public library to receive and evaluate a request from an individual regarding the removal of one or more of the books in the library collection containing explicit sexual material; and c. To periodically review the library collection to ensure the library collection does not contain explicit sexual material. SECTION 3. APPLICATION. This Act applies to any book inventory or collection maintained by a public library after March 31, 2024. Page No. 3 23.0407.02000 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

Sixty-eighth Legislative Assembly of North Dakota In Regular Session Commencing Tuesday, January 3, 2023 HOUSE BILL NO. 1205 (Representatives Lefor, Steiner) AN ACT to create and enact a new section to chapter 12.1-27.1 of the North Dakota Century Code, relating to prohibiting public libraries from maintaining explicit sexual material; to provide for a legislative management report; and to provide for application. BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA: SECTION 1. A new section to chapter 12.1-27.1 of the North Dakota Century Code is created and enacted as follows: Public libraries prohibited from maintaining explicit sexual material - Report. 1. As used in this section: a. "Explicit sexual material" means any material which: (1) Taken as a whole, appeals to the prurient interest of minors; (2) Is patently offensive to prevailing standards in the adult community in North Dakota as a whole with respect to what is suitable material for minors; and (3) Taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. b. "Public library" means a library established under chapter 40 - 38. 2. A public library may not maintain in its children's collection inventory books that contain explicit sexual material. 3. By January 1, 2024, each public library shall develop a policy and process for reviewing library collections to ensure conformance with the requirements of this section. The policy must include a procedure: a. For the removal or relocation of explicit sexual material in the public library; b. For the development of a book collection that is appropriate for the age and maturity levels of the individuals who may access the materials, and which is suitable for, and consistent with, the purpose of the library; c. For the public library to receive, evaluate, and respond to a request from an individual regarding the removal or relocation of one or more of the books or other materials in the library collection containing explicit sexual material; and d. To periodically review the library collection to ensure the library collection does not contain explicit sexual material in the children's collection. 4. Each public library shall provide a compliance report to the legislative management before May 1, 2024, on the implementation of collection development and relocation of materials policies as required by this section and to ensure sufficient compliance with this section. SECTION 2. APPLICATION. This Act applies to any children's book inventory maintained by a public library after March 31, 2024. H. B. NO. 1205 - PAGE 2 ____________________________ ____________________________ Speaker of the House President of the Senate ____________________________ ____________________________ Chief Clerk of the House Secretary of the Senate This certifies that the within bill originated in the House of Representatives of the Sixty-eighth Legislative Assembly of North Dakota and is known on the records of that body as House Bill No. 1205. House Vote: Yeas 70 Nays 22 Absent 2 Senate Vote: Yeas 39 Nays 7 Absent 1 ____________________________ Chief Clerk of the House Received by the Governor at ________M. on _____________________________________, 2023. Approved at ________M. on __________________________________________________, 2023. ____________________________ Governor Filed in this office this ___________day of _______________________________________, 2023, at ________ o’clock ________M. ____________________________ Secretary of State