An Act to prohibit the dissemination of obscene material harmful to minors in a public school or public library.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That chapter 22-24 be amended with a NEW SECTION:

No public school, or public library as defined in § 14-1-39, may allow obscene material harmful to minors to be available to minors. Each public school or library shall adopt a policy that:

(1) Restricts minors from viewing, accessing, or obtaining obscene material harmful to minors;

(2) Provides a method for an individual to report material the individual believes to be obscene harmful to minors to the governing body or an agent of the governing body; and

(3) Establishes a procedure for the governing body to determine if reported material is obscene harmful to minors.

If the governing body determines that material is obscene harmful to minors, the public school or library must use reasonable efforts to make the material inaccessible to minors, pursuant to the restriction policy as adopted under this section.

If the public school or library fails to adopt a policy under this section by January 1, 2024, or fails to comply with the policy adopted under this section, the governing body must withhold any public funds until a policy is adopted or the public school or library uses reasonable efforts to make the material inaccessible to minors.

For the purposes of this section, the term, obscene material harmful to minors, is defined pursuant to subdivision 22-24-27(11)(4).