An Act to prohibit the use of state resources in hosting lewd or lascivious content.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That chapter 13-1 be amended with a NEW SECTION:
No state agency or institution under the control of a state agency, or public school district may authorize or expend public moneys or use any state-owned facility or property to develop, implement, facilitate, host, promote, or fund any lewd or lascivious content.
For the purpose of this section, the term, lewd or lascivious content, means any program, or event presenting obscene live conduct, as defined by subdivision 22-24-27(10) that depicts, describes, or simulates, as applicable:
(1) Any specific sexual activity, as defined in 11-12-1;
(2) Any specific anatomical areas, as defined in 11-12-1;
(3) Nude or seminude adults, as defined in 11-12-1;
(4) Adults who remove clothing for the entertainment of one or more individuals; or
(5) Any physical human body activity, whether performed alone or with other persons for the predominant purpose of appealing to a prurient interest.
Section 2. That 13-53-49 be AMENDED:
13-53-49.
AsTerms
used in 13-53-49
to 13-53-53,
inclusive,
mean:
(1) "Expressive activity,"
protected
under the provisions of 13-53-49
to 13-53-53,
inclusive, includes
any lawful noncommercial verbal or written means by which one person
communicates ideas to another, and includes peaceful assembly,
protests, speeches, distribution of literature, the carrying of
signs, and the circulation of petitions.
Expressive activity may not be interpreted to include any lewd or
lascivious content, as defined in section 1 of this Act;
and
(2) "Intellectual diversity," denotes a learning environment that exposes students to and encourages exploration of a variety of ideological and political perspectives. Intellectual diversity may not be interpreted to include any lewd or lascivious content, as defined in section 1 of this Act.
Section 3. That 13-53-50 be AMENDED:
13-53-50. The Board of Regents and the Board of Technical Education shall require each institution under its control to maintain a commitment to the principles of free expression and encourage the timely and rational discussion of topics in an environment that is intellectually and ideologically diverse. Neither the Board of Regents nor any institution under its control may attempt to shield individuals from constitutionally protected speech, including ideas and opinions they find offensive, unwise, immoral, indecent, disagreeable, conservative, liberal, traditional, radical, or wrong-headed.
Nothing in this section prevents the Board of Regents or the Board of Technical Education or any institution under their control from restricting or prohibiting the presence of minors at any program or event.