Text of SD HB 1116 (2023)
Prohibit the use of state resources in hosting lewd or lascivious content.
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As introduced
2,989 characters
23.185.42
98th Legislative Session
1116
2023 South Dakota Legislature
House Bill 1116
Introduced by: Representative Karr
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to prohibit the use of state resources in hosting lewd or lascivious 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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The Board of Regents, the Board of Technical Education, or any institution under
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their control; a state agency or any institution under the control of a state agency; or a
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public school district may not authorize or expend public moneys or use any state-owned
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facility or property to develop, implement, facilitate, host, promote, or fund any lewd or
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lascivious content.
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For the purpose of this section, the term, lewd or lascivious content, means any
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program, event, or literature presenting obscene live conduct, as defined by subdivision
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22-24-27(10), or obscene material, as defined by subdivision 22-24-27(11), that depicts,
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describes, or simulates, as applicable:
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(1)
Any specific sexual activity, as defined in § 11-12-1;
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(2)
Any specific anatomical areas, as defined in § 11-12-1;
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(3)
Nude or seminude adults, as defined in § 11-12-1;
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(4)
Adults who remove clothing for the entertainment of one or more individuals; or
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(5)
Any physical human body activity, whether performed alone or with other persons,
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including singing, speaking, dancing, acting, simulation, or pantomiming, where a
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performer exhibits a gender identity that is different from the performer's biological
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sex through the use of clothing, makeup, or other physical markers, for the
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predominant purpose of appealing to a prurient interest.
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Section 2. That § 13-53-49 be AMENDED:
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13-53-49. AsTerms used in §§ 13-53-49 to 13-53-53, inclusive, mean:
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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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23.185.42
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1116
Underscores indicate new language.
Overstrikes indicate deleted language.
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. Expressive activity may not be interpreted to include any lewd or
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lascivious content, as defined in section 1 of this Act; and
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(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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Intellectual diversity may not be interpreted to include any lewd or lascivious
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content, as defined in section 1 of this Act.
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