Text of SD HB 1116 (2023)

Prohibit the use of state resources in hosting lewd or lascivious content.

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As introduced

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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. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That chapter 13-1 be amended with a NEW SECTION: 3 The Board of Regents, the Board of Technical Education, or any institution under 4 their control; a state agency or any institution under the control of a state agency; or a 5 public school district may not authorize or expend public moneys or use any state-owned 6 facility or property to develop, implement, facilitate, host, promote, or fund any lewd or 7 lascivious content. 8 For the purpose of this section, the term, lewd or lascivious content, means any 9 program, event, or literature presenting obscene live conduct, as defined by subdivision 10 22-24-27(10), or obscene material, as defined by subdivision 22-24-27(11), that depicts, 11 describes, or simulates, as applicable: 12 (1) Any specific sexual activity, as defined in § 11-12-1; 13 (2) Any specific anatomical areas, as defined in § 11-12-1; 14 (3) Nude or seminude adults, as defined in § 11-12-1; 15 (4) Adults who remove clothing for the entertainment of one or more individuals; or 16 (5) Any physical human body activity, whether performed alone or with other persons, 17 including singing, speaking, dancing, acting, simulation, or pantomiming, where a 18 performer exhibits a gender identity that is different from the performer's biological 19 sex through the use of clothing, makeup, or other physical markers, for the 20 predominant purpose of appealing to a prurient interest. 21 Section 2. That § 13-53-49 be AMENDED: 22 13-53-49. AsTerms used in §§ 13-53-49 to 13-53-53, inclusive, mean: 23 (1) "Expressive activity," protected under the provisions of §§ 13-53-49 to 13-53-53, 24 inclusive, includes any lawful noncommercial verbal or written means by which one 25 23.185.42 2 1116 Underscores indicate new language. Overstrikes indicate deleted language. person communicates ideas to another, and includes peaceful assembly, protests, 1 speeches, distribution of literature, the carrying of signs, and the circulation of 2 petitions. Expressive activity may not be interpreted to include any lewd or 3 lascivious content, as defined in section 1 of this Act; and 4 (2) "Intellectual diversity," denotes a learning environment that exposes students to 5 and encourages exploration of a variety of ideological and political perspectives. 6 Intellectual diversity may not be interpreted to include any lewd or lascivious 7 content, as defined in section 1 of this Act. 8 9