HB 1239 South Dakota House · 2025 Regular Session

revise certain provisions related to the restriction of access to obscene materials in a public library or public school library.

HB 1239 amends South Dakota laws governing restrictions on obscene materials in public libraries and school libraries. The bill modifies existing provisions to clarify how libraries may limit access to certain content while maintaining their role as community resources. It directly affects library administrators, patrons, and educational institutions by updating the legal framework for content restrictions. The legislation focuses on revising specific statutory language rather than introducing new restrictions or expanding existing ones.

Bill status signed all 5 stages cleared

Introduction

Feb 2025

Committee Review

Mar 2025

House Passage

Mar 2025

Senate Passage

Mar 2025

Signed into Law

Mar 2025

Introduced Feb 5, 2025 Signed Mar 31, 2025

Maddy AI version diff · 2 comparisons

What changed between versions

Senate Engrossed → Enrolled · 5 edits · Mar 12, 2025

MODERATE

This bill enrolls HB 1239, which requires public schools and public libraries to install internet filtering software or purchase filtered internet access to limit minors' access to obscene materials. Both institutions must also create and implement local policies by January 1, 2025, allowing individuals to appeal obscenity determinations to school boards or library governing bodies, with those decisions subject to judicial review.

Scope change

The bill's scope remains focused on public schools and public libraries in South Dakota, with no change to the target institutions or geographic applicability.

REQUIREMENT

Public schools must equip each public access computer with filtering software or purchase filtered internet connectivity to limit minors' access to obscene materials.

Public libraries must equip each public access computer with filtering software or purchase filtered internet connectivity to limit minors' access to obscene materials.

Appeal process for obscenity determinations now allows appeals to school boards for schools and to library governing bodies for libraries, with decisions subject to judicial review.

Policy publication requirements differ: schools must publish on district websites or in legal newspapers, while libraries must publish on political subdivision websites or in legal newspapers designated by the governing body.

TIMELINE

Both schools and libraries must develop and implement local obscenity restriction policies by January 1, 2025.

Floor votes · Senate Mar 10, 2025 · House Feb 20, 2025

How they voted

32–2

Passed · 1 other

Total votes 35

Mar 10, 2025

D Democratic3

2 Nay 1

66% Nay

R Republican32

32 Yea

100% Yea

Vote distribution

All Yea All Nay Mixed No data

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Amendments

Mar 31, 2025

Signed into law

Signed by the Governor on 2025-03-31 H.J. 552

executive

Mar 13, 2025

Lower · Passed

Signed by the President S.J. 528

lower

Mar 12, 2025

Lower · Passed

Signed by the Speaker H.J. 539

lower

Mar 11, 2025

Lower · Passed

House of Representatives Concurred in amendments , Passed, YEAS 36, NAYS 34 H.J. 520

lower

Mar 10, 2025

Lower · Passed

Senate Do Pass Amended , Passed, YEAS 32, NAYS 2 S.J. 492

lower

Mar 10, 2025

Introduced

Senate Motion to amend , Passed, YEAS 18, NAYS 16 S.J. 491 Amendment 1239A

lower

Mar 10, 2025

Senate · Passed

Senate Vote: pass (32-2-1)

senate

Mar 6, 2025

Lower · Passed

Judiciary Do Pass , Passed, YEAS 5, NAYS 2

lower

Feb 24, 2025

Committee

Referred to S.J. 354

lower

Feb 20, 2025

Lower · Passed

House of Representatives Do Pass , Passed, YEAS 38, NAYS 32 H.J. 346

lower

Feb 19, 2025

Lower · Passed

Education Do Pass , Passed, YEAS 10, NAYS 5

lower

Feb 6, 2025

Committee

Referred to H.J. 213

lower

19 primary · 0 co-sponsors