SB 2307 — Relating to the definition of a public library, required safety policies and technology protection measures, and the state's attorney's review of public libraries, school districts, and state agencies for compliance with statutes protecting minors from explicit sexual material; to amend and reenact subsection 5 of section 12.1‑27.1‑01, subsection 2 of section 12.1‑27.1‑03.1, and sections 12.1‑27.1‑03.5 and 12.1‑27.1‑11 of the North Dakota Century Code, relating to obscenity control; to provide for a report to the legislative management; and to provide a penalty.

25.0552.06000 Sixty-ninth Legislative Assembly of North Dakota SECONDIn ENGROSSMENTRegular REENGROSSEDSession Commencing Tuesday, January 7, 2025 SENATE BILL NO.

2307 Introduced(Senators by Senators Boehm, Erbele, Hogue, WestonWeston) Representatives(Representatives Steiner, TveitTveit) AAN BILLACT for an Act to create and enact a new subsection to section 12.1-27.1-01 and two new sections to chapter 12.1-27.1 of the North Dakota Century Code, relating to the definition of a public library, required safety policies and technology protection measures, and the state's attorney's review of public libraries, school districts, and state agencies for compliance with statutes protecting minors from explicit sexual material;

Whether material or a performance is obscene must be judged with reference to ordinaryreasonable adults, unless it appears from the character of the material or the circumstances of its dissemination that the material or performance is designed for Pageminors No.or other specially susceptible audience, in which case the material or performance must be judged with reference to that type of audience.

1 25.0552.06000 Sixty-ninth Legislative Assembly minors or other specially susceptible audience, in which case the material or performance must be judged with reference to that type of audience.

b.S.

B.

NO.

2307 - PAGE 2 b.

Pagec. No.

2 25.0552.06000 Sixty-ninth Legislative Assembly c.

For the public library to receive, evaluate, and respond torelocation of materials to an area not easily accessible to minors, upon a request from an individual regarding the removal or relocation oftoof relocate one or more of the books or other materials in the library collection containingcontainingto relocate explicit sexual material in the library collection;

Each public library and school district shall provide a compliance report to the legislative management before May 1, 20242026, on the implementation of collection development and relocationS. of materials policies as required by this section and to ensure sufficient compliance with this section.

PageB. No.

3NO. 25.0552.06000 Sixty-ninth Legislative Assembly SECTION 5.

2307 - PAGE 3 relocation of materials policies as required by this section and to ensure sufficient compliance with this section.

SECTION 5.

Notwithstanding any contract provision, if a provider of digital or online library resources fails to comply with subsection 3, the school district, state agency, or public Pagelibrary No.shall withhold any further payments to the provider pending verification of compliance.

4 25.0552.06000 Sixty-ninth Legislative Assembly library shall withhold any further payments to the provider pending verification of compliance.

7.S.

B.

NO.

2307 - PAGE 4 7.

PageState's No.attorney - Obscenity review procedure - School districts - State agencies - Public libraries - Penalty.

5 25.0552.06000 Sixty-ninth Legislative Assembly State's attorney - Obscenity review procedure - School districts - State agencies - Public libraries - Penalty.

PageS. No.

6B. 25.0552.06000

NO.

2307 - PAGE 5 ____________________________ ____________________________ President of the Senate Speaker of the House ____________________________ ____________________________ Secretary of the Senate Chief Clerk of the House This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North Dakota and is known on the records of that body as Senate Bill No.

2307.

Senate Vote:

Yeas 27 Nays 20 Absent 0 House Vote:

Yeas 49 Nays 45 Absent 0 ____________________________ Secretary of the Senate Received by the Governor at ________M.

on _____________________________________, 2025.

Approved at ________M.

on __________________________________________________, 2025.

____________________________ Governor Filed in this office this ___________day of _______________________________________, 2025, at ________ o’clock ________M.

____________________________ Secretary of State S.

B.

NO.

2307 - PAGE 6 Honorable Michael Howe Secretary of State Bismarck, North Dakota I certify this Act, Senate Bill No.