All Roll Calls
Yes: 101 • No: 85
North DakotaSB 23072025 Regular SessionSenateWALLET
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; 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.
Sponsored By: Keith Boehm (Republican)
Became Law
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 1 benefits, 0 costs, 3 mixed.
Libraries and schools must shield kids' shelves
Public libraries and school districts may not keep items with explicit sexual content in children’s sections or easy‑to‑reach areas. Beginning January 1, 2026, they must have a written policy to review collections, move or remove flagged items, develop age‑appropriate collections, and review public requests with a diverse committee. They must notify the requester of actions taken and, if the requester is still unsatisfied, refer the matter to the attorney general or local state's attorney. The law also defines a public library as a tax‑supported library with books or periodicals for the general public.
Safer online library resources for students
Schools, public libraries, and state agencies must use safety policies and filters on K–12 digital library databases. Filters must block sending, receiving, viewing, or downloading obscene performances or explicit sexual material. By January 1, 2026, they must also set a local process to report concerns, notify the content provider, tell the reporter what was done, and allow referral to the attorney general or local state's attorney. Buyers may withhold payments to providers until they verify compliance, and noncompliance counts as a breach of contract.
Stricter rules on explicit displays near kids
It is a class B misdemeanor to willfully display explicit sexual material where minors are part of the public, including newsstands, public roads and sidewalks, public libraries, and public school libraries. The law defines explicit sexual material using a three‑part test and explains what counts as nude or partially denuded figures, including exposed genitals, pubic areas, buttocks, parts of the female breast below the areola, and visibly erect male genitals. Obscenity is judged by adult community standards unless the material is designed for minors or a specially susceptible audience, in which case that audience’s standard applies. Police, courts, and legislators acting in their duties, and bona fide schools, colleges, museums, and public libraries that keep materials for adults’ limited research, are exempt from criminal bans.
State reviews and funding holdbacks for violations
After you finish the local process, you can ask the attorney general or local state's attorney for an opinion. They must issue an opinion and send it to you, the provider (if any), and the school, agency, or library. If a violation is found, the entity gets notice and 10 days to fix it. If not fixed, the state treasurer or superintendent must withhold funds until the attorney general or state's attorney confirms compliance, and prosecution may follow.
Sponsors & Cosponsors
Sponsor
Keith Boehm
Republican • Senate
Cosponsors
Vicky Steiner
Republican • House
Bill Tveit
Republican • House
Robert Erbele
Republican • Senate
David Hogue
Republican • Senate
Kent Weston
Republican • Senate
Roll Call Votes
Senate vote • 4/25/2025
Veto sustained, yeas 25 nays 20
Yes: 25 • No: 20
House vote • 4/14/2025
Second reading, passed, yeas 49 nays 45
Yes: 49 • No: 45
Senate vote • 2/20/2025
Second reading, passed, yeas 27 nays 20
Yes: 27 • No: 20
Actions Timeline
Filed with Secretary Of State 04/29
4/29/2025SenateVeto sustained, yeas 25 nays 20
4/25/2025SenateConsideration of Governor's veto
4/25/2025SenateVetoed by Governor 04/22
4/24/2025SenateSent to Governor
4/18/2025SenateSigned by President
4/18/2025SenateSigned by Speaker
4/18/2025HouseReturned to Senate
4/15/2025SenateMotion to reconsider failed
4/15/2025HouseSecond reading, passed, yeas 49 nays 45
4/14/2025HouseReported back, do not pass, placed on calendar 22 1 0
4/11/2025HouseRereferred to Appropriations
3/18/2025HouseReported back, do pass 12 1 1
3/18/2025HouseCommittee Hearing 09:00
3/18/2025HouseIntroduced, first reading, referred Judiciary Committee
2/25/2025HouseReceived from Senate
2/21/2025HouseSecond reading, passed, yeas 27 nays 20
2/20/2025SenateAmendment adopted
2/20/2025SenateAmendment proposed on floor
2/20/2025SenateAmendment adopted, placed on calendar
2/20/2025SenateReported back amended, do pass, amendment placed on calendar 6 1 0
2/19/2025SenateCommittee Hearing 02:30
2/10/2025SenateIntroduced, first reading, referred Judiciary Committee
1/20/2025Senate
Bill Text
Adopted by the Senate Judiciary Committee
Enrollment
FIRST ENGROSSMENT
INTRODUCED
Prepared by the Legislative Council staff for Representative Paulson
SECOND ENGROSSMENT
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