Text of SD HB 1113 (2024)
Prohibit the use of state resources for the provision of lewd or lascivious content.
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As introduced
3,369 characters
24.597.11
99th Legislative Session
1113
2024 South Dakota Legislature
House Bill 1113
Introduced by: Representative Perry
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to prohibit the use of state resources for the provision of lewd or lascivious
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content.
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
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Section 1. That chapter 13-1 be amended with a NEW SECTION:
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Neither the Board of Regents nor any institution under the control of the board
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may expend public moneys or use any state-owned facility or property to develop,
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facilitate, host, or promote lewd or lascivious content.
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For purposes of this section, the term "lewd or lascivious" means:
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(1)
The featuring of specific sexual activity, as defined in § 11-12-1, for the
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predominant purpose of appealing to a prurient interest;
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(2)
The featuring of specific anatomical areas, as defined in § 11-12-1, for the
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predominant purpose of appealing to a prurient interest;
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(3)
The featuring of nude or seminude individuals, as defined in § 11-12-1, for the
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predominant purpose of appealing to a prurient interest;
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(4)
The performance of any physical movement or activity for the predominant purpose
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of appealing to a prurient interest; or
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(5)
The public removal of one's clothing for the entertainment of another.
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Section 2. That § 13-53-49 be AMENDED:
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13-53-49. As used in §§ 13-53-49 13-53-50 to 13-53-53, inclusive:
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(1)
"Expressive activity," protected under the provisions of §§ 13-53-49 to 13-53-53,
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inclusive, includes any lawful noncommercial verbal or written means by which one
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person communicates ideas to another, and includes peaceful assembly, protests,
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speeches, distribution of literature, the carrying of signs, and the circulation of
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petitions; and
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24.597.11
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1113
Underscores indicate new language.
Overstrikes indicate deleted language.
(2)
"Intellectual diversity," denotes a learning environment that exposes students to
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and encourages exploration of a variety of ideological and political perspectives.
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Neither the term "expressive activity" nor the term "intellectual diversity" may be
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construed to include content that is lewd or lascivious, as defined in section 1 of this Act.
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Section 3. That § 13-53-50 be AMENDED:
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13-53-50. The Board of Regents shall require each institution under its control to
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maintain a commitment to the principles of free expression and encourage the timely and
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rational discussion of topics in an environment that is intellectually and ideologically
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diverse. Neither the Board of Regents board nor any institution under its control may
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attempt to shield individuals from constitutionally protected speech, including ideas and
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opinions they find offensive, unwise, immoral, indecent, disagreeable, conservative,
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liberal, traditional, radical, or wrong-headed.
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Nothing in this section precludes the board or any institution under the control of
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the board from restricting or prohibiting the presence of minors at any program or event
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occurring on any state-owned property.
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