House File 2575 H-8276 Amend House File 2575 as follows: 1 1. Page 33, after line 6 by inserting: 2 < DIVISION ___ 3 DISSEMINATION OF CERTAIN SPECIFIED MATERIALS 4 Sec. ___. Section 272.2, subsection 14, paragraph b, 5 subparagraph (1), Code 2022, is amended by adding the following 6 new subparagraph division: 7 NEW SUBPARAGRAPH DIVISION . (0g) Providing obscene material 8 or hard-core pornography to students from a school library 9 or requiring a student to read or view obscene material or 10 hard-core pornography under section 728.2A. For purposes of 11 this subparagraph division, “obscene material” and “hard-core 12 pornography” mean the same as defined in section 728.1. 13 Sec. ___. Section 272.2, subsection 14, Code 2022, is 14 amended by adding the following new paragraph: 15 NEW PARAGRAPH . f. The board shall suspend the license of 16 an administrator or a teacher upon the board’s finding by a 17 preponderance of evidence that the administrator or teacher 18 violated an injunction entered pursuant to section 728.2A, 19 subsection 4. 20 Sec. ___. Section 728.1, Code 2022, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 1A. “Hard-core pornography” means material 23 depicting patently offensive representations of oral, anal, or 24 vaginal intercourse, actual or simulated, involving humans, or 25 depicting patently offensive representations of masturbation, 26 excretory functions, or bestiality, or lewd exhibition of the 27 genitals, which the average adult taking the material as a 28 whole in applying statewide contemporary community standards 29 would find appeals to the prurient interest; and which 30 material, taken as a whole, lacks serious literary, scientific, 31 political, or artistic value. 32 Sec. ___. NEW SECTION . 728.2A Obscene material and 33 hard-core pornography in schools and school libraries. 34 1. As used in this section, unless the context otherwise 35 -1- HF 2575.4115 (2) 89 jda/tm 1/ 6 #1.

requires: 1 a. “Administrator” means and includes a school 2 superintendent, assistant superintendent, educational 3 director, principal, assistant principal, and other 4 individuals authorized to assist in performing noninstructional 5 administrative duties. 6 b. “School” means and includes all of the following: 7 (1) A charter school established in accordance with section 8 256E.2. 9 (2) A nonpublic school, as that term is defined in section 10 280.2. 11 (3) A public school district, as described in chapter 274. 12 c. “Student” means an individual who is enrolled in and 13 attending a school in kindergarten through grade twelve. 14 d. “Teacher” means the same defined in section 272.1. 15 2. A school shall designate at least one administrator to 16 ensure that no obscene material or hard-core pornography is 17 present and available to students in a library operated by the 18 school that the administrator supervises or directs. 19 3. a. An administrator who knowingly provides obscene 20 material to a student in a library operated by the school that 21 the administrator supervises or directs shall be guilty of a 22 serious misdemeanor. 23 b. An administrator who knowingly provides hard-core 24 pornography to a student in a library operated by the school 25 that the administrator supervises or directs shall be guilty 26 of an aggravated misdemeanor. 27 c. A teacher who knowingly requires a student to read or 28 view obscene material as part of the teacher’s instructional 29 program or curriculum shall be guilty of a serious misdemeanor. 30 d. A teacher who knowingly requires a student to read 31 or view hard-core pornography as part of the teacher’s 32 instructional program or curriculum shall be guilty of an 33 aggravated misdemeanor. 34 4. a. A parent or guardian of a student alleging a 35 -2- HF 2575.4115 (2) 89 jda/tm 2/ 6

violation of subsection 3 by an administrator or teacher may 1 bring a civil action for injunctive relief against the school 2 that employs the administrator or teacher to prohibit the 3 administrator or teacher from continuing such violation. 4 b. If a parent or guardian is the prevailing party in a 5 civil action instituted pursuant to paragraph “a” , all of the 6 following shall apply: 7 (1) The court shall award reasonable attorney fees to the 8 parent or guardian. 9 (2) The court shall assess a civil penalty against the 10 school that employs the administrator or teacher, not to 11 exceed five hundred dollars per day for each day a violation 12 occurs during the pendency of the civil action. However, the 13 court shall not assess the civil penalty provided in this 14 subparagraph for a violation of subsection 3, paragraph “a” , if 15 the administrator or the school that employs the administrator 16 removes the obscene material or hard-core pornography from 17 the library operated by the school during the pendency of the 18 civil action. Revenue from the civil penalty provided in this 19 subparagraph shall be remitted to the treasurer of state for 20 deposit in the general fund of the state. 21 (3) The clerk of court shall send a copy of the court’s 22 order issued pursuant to paragraph “a” and a copy of this 23 section by restricted certified mail, return receipt requested, 24 to the attorney general and to the county attorney of the 25 county in which the school that employs the administrator or 26 teacher in violation of subsection 3 is located. 27 5. A parent or guardian who was the prevailing party in 28 a civil action instituted pursuant to subsection 4 may bring 29 a civil action for damages against the school that employs 30 the administrator or teacher if the administrator or teacher 31 violates an injunction issued pursuant to subsection 4. If a 32 parent or guardian is the prevailing party in a civil action 33 instituted pursuant to this subsection, the clerk of court 34 shall send a copy of the court’s order issued pursuant to this 35 -3- HF 2575.4115 (2) 89 jda/tm 3/ 6

subsection and a copy of this section by restricted certified 1 mail, return receipt requested, to the board of educational 2 examiners. Damages awarded pursuant to this subsection shall 3 include all of the following: 4 a. Actual damages for injuries resulting from the 5 administrator’s or teacher’s initial violation of subsection 6 3 and the administrator’s or teacher’s violation of the 7 injunction. 8 b. A penalty in an amount determined by the court, but 9 not less than one thousand dollars per day for each day the 10 administrator’s or teacher’s violation of the injunction 11 continues. 12 c. The state of Iowa hereby waives immunity from suit and 13 consents to the jurisdiction of any court in which an action 14 is brought against a charter school established in accordance 15 with section 256E.2 or a public school district, as described 16 in chapter 274, respecting any cause of action arising out of 17 this subsection. Such action shall be heard and determined 18 pursuant to rules otherwise applicable to civil actions brought 19 in the particular court having jurisdiction of the suit and 20 the parties to the suit shall have the right of appeal from 21 any judgment, decree, or decision of the trial court to the 22 appropriate appellate court under applicable rules of appeal. 23 6. A county attorney or the attorney general may institute 24 criminal or civil actions to enforce the provisions of this 25 section. A county attorney’s or the attorney general’s receipt 26 of a copy of a court’s injunctive order provided by the clerk 27 of court issued pursuant to subsection 4, along with subsequent 28 information that a violation of subsection 3 is continuing to 29 occur, shall constitute probable cause that a violation of 30 subsection 3 has occurred. 31 Sec. ___. Section 728.4, Code 2022, is amended to read as 32 follows: 33 728.4 Rental or sale of hard-core pornography. 34 A person who knowingly rents, sells, or offers for 35 -4- HF 2575.4115 (2) 89 jda/tm 4/ 6

rental or sale material depicting patently offensive 1 representations of oral, anal, or vaginal intercourse, actual 2 or simulated, involving humans, or depicting patently offensive 3 representations of masturbation, excretory functions, or 4 bestiality, or lewd exhibition of the genitals, which the 5 average adult taking the material as a whole in applying 6 statewide contemporary community standards would find appeals 7 to the prurient interest; and which material, taken as a whole, 8 lacks serious literary, scientific, political, or artistic 9 value hard-core pornography , upon conviction , is guilty of 10 an aggravated misdemeanor. However, second and subsequent 11 violations of this section by a person who has been previously 12 convicted of violating this section are class “D” felonies. 13 For purposes of this section, an offense is considered a second 14 or subsequent offense if, prior to the person’s having been 15 convicted under this section, the person has a prior conviction 16 or a deferred judgment under section 728.2A, subsection 3, 17 paragraph “b” or “d” . Charges under this section may only be 18 brought by a county attorney or by the attorney general. 19 Sec. ___. Section 728.6, Code 2022, is amended to read as 20 follows: 21 728.6 Civil suit to determine obscenity. 22 Whenever the attorney general or the county attorney of 23 any county has reasonable cause to believe that any person is 24 engaged or plans to engage in the dissemination or exhibition 25 of obscene material within the county attorney’s county 26 to minors , the attorney general or the county attorney may 27 institute a civil proceeding in the district court of the 28 county to enjoin the dissemination or exhibition of obscene 29 material to minors. Such application for injunction is 30 optional and not mandatory and shall not be construed as a 31 prerequisite to criminal prosecution for a violation of this 32 chapter . 33 Sec. ___. Section 728.7, Code 2022, is amended to read as 34 follows: 35 -5- HF 2575.4115 (2) 89 jda/tm 5/ 6

728.7 Exemptions for public libraries and educational 1 institutions. 2 Nothing in this chapter prohibits the use of appropriate 3 material for educational purposes in any accredited school, 4 or any public library, or in any educational program in which 5 the minor is participating. Nothing in this chapter prohibits 6 the attendance of minors at an exhibition or display of art 7 works or the use of any materials in any public library. For 8 purposes of this section, “appropriate material” does not 9 include obscene material or hard-core pornography. > 10 2. Title page, by striking lines 1 through 5 and inserting 11 < An Act relating to matters under the purview of the state, 12 including the funding of, the operation of, and appropriation 13 of moneys to the college student aid commission, the department 14 for the blind, the department of education, and the state board 15 of regents, the dissemination of certain specified materials, 16 prohibiting certain specified materials in schools and school 17 libraries, instituting civil actions to determine obscenity, 18 and providing penalties. > 19 3. By renumbering as necessary. 20 ______________________________ SALMON of Black Hawk -6- HF 2575.4115 (2) 89 jda/tm 6/ 6 #2. #3.