An Act to prohibit the Board of Regents or any institution under its control from using state resources for obscene live conduct.

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

Section 1. That a NEW SECTION be added to chapter 13-53:

The Board of Regents and any institution under its control may not:

(1) Authorize the use of any state-owned facility or property to develop, implement, facilitate, host, or promote any obscene live conduct; or

(2) Expend any public moneys in support of obscene live conduct.

For purposes of this section, the term "obscene live conduct" has the meaning given in § 22-24-27.

Section 2. That a NEW SECTION be added to chapter 13-53:

If, as a result of compliance with section 1 of this Act, a lawsuit is brought or a complaint is filed against the Board of Regents, an institution under the control of the board, or an employee of the board or of an institution, the attorney general must provide legal representation to the entity or individual without charge.

The state shall assume financial responsibility for any other expense related to the lawsuit or complaint and incurred by the board, an institution under the control of the board, or an employee of the board or of an institution, including an award of attorneys' fees and costs for which the entity or individual would otherwise be responsible.