North DakotaSB 23072025 Regular SessionSenate

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)

Vetoed

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 1 costs, 2 mixed.

K-12 online resources must block explicit content

When schools, state agencies, or public libraries offer K-12 students online library databases, those systems must block or filter explicit sexual material and obscene performances. By January 1, 2026, each must have a written review policy with a way to report flagged items and notice of actions taken. Ongoing problems can be referred to the local state's attorney. Public school libraries and public libraries must send a yearly report by December 1 on provider compliance and complaints. The state library and higher education are not covered by these digital rules.

Libraries must shield minors from explicit material

Public libraries and school districts cannot keep explicit sexual material where minors can easily get it. By January 1, 2026, each must adopt a written collection policy and a reconsideration process, including steps to relocate explicit items. Collections must be age‑appropriate and reviewed on a regular schedule. They must accept and resolve requests to move or remove items. Each must send a compliance report to legislative management by May 1 each year.

Vendors face payment holds for unsafe content

If a provider of K-12 or public library digital resources does not follow the required safety rules, schools, libraries, or agencies must stop paying them until they prove compliance. A late or missing verification counts as a breach of contract. This applies even if the contract says otherwise.

New obscenity standards and library definition

The law updates how obscenity is judged. Courts use a reasonable adult standard, and material made for minors is judged by that audience. Public and school libraries now count as places where minors are invited for public‑nudity limits. A public library is one open to all and funded by taxes. The law also changes some exceptions to say they may not apply, narrowing past safe harbors.

State review and fund holds for violations

After you finish the local review steps, you can ask the local state's attorney to review a possible violation. The state's attorney must issue a written opinion within 60 days. If a violation is found, the library, school district, or agency has 10 days to fix it. If it does not, the state treasurer (for libraries and agencies) or the superintendent (for school districts) will withhold state-allocated funds until it complies, 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

All Roll Calls

Yes: 101 • No: 85

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

  1. Filed with Secretary Of State 04/29

    4/29/2025Senate
  2. Veto sustained, yeas 25 nays 20

    4/25/2025Senate
  3. Consideration of Governor's veto

    4/25/2025Senate
  4. Vetoed by Governor 04/22

    4/24/2025Senate
  5. Sent to Governor

    4/18/2025Senate
  6. Signed by President

    4/18/2025Senate
  7. Signed by Speaker

    4/18/2025House
  8. Returned to Senate

    4/15/2025Senate
  9. Motion to reconsider failed

    4/15/2025House
  10. Second reading, passed, yeas 49 nays 45

    4/14/2025House
  11. Reported back, do not pass, placed on calendar 22 1 0

    4/11/2025House
  12. Rereferred to Appropriations

    3/18/2025House
  13. Reported back, do pass 12 1 1

    3/18/2025House
  14. Committee Hearing 09:00

    3/18/2025House
  15. Introduced, first reading, referred Judiciary Committee

    2/25/2025House
  16. Received from Senate

    2/21/2025House
  17. Second reading, passed, yeas 27 nays 20

    2/20/2025Senate
  18. Amendment adopted

    2/20/2025Senate
  19. Amendment proposed on floor

    2/20/2025Senate
  20. Amendment adopted, placed on calendar

    2/20/2025Senate
  21. Reported back amended, do pass, amendment placed on calendar 6 1 0

    2/19/2025Senate
  22. Committee Hearing 02:30

    2/10/2025Senate
  23. Introduced, 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 Senator Paulson

  • SECOND ENGROSSMENT

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