H-8276

   Amend House File 2575 as follows:
   1.  Page 33, after line 6 by inserting: 
<DIVISION ___
DISSEMINATION OF CERTAIN SPECIFIED MATERIALS

   Sec. ___.  Section 272.2, subsection 14, paragraph b, subparagraph (1), Code 2022, is amended by adding the following new subparagraph division:
   NEW SUBPARAGRAPH DIVISION.  (0g)  Providing obscene material or hard-core pornography to students from a school library or requiring a student to read or view obscene material or hard-core pornography under section 728.2A. For purposes of this subparagraph division, “obscene material” and “hard-core pornography” mean the same as defined in section 728.1.
   Sec. ___.  Section 272.2, subsection 14, Code 2022, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  f.  The board shall suspend the license of an administrator or a teacher upon the board’s finding by a preponderance of evidence that the administrator or teacher violated an injunction entered pursuant to section 728.2A, subsection 4.
   Sec. ___.  Section 728.1, Code 2022, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  “Hard-core pornography” means material depicting patently offensive representations of oral, anal, or vaginal intercourse, actual or simulated, involving humans, or depicting patently offensive representations of masturbation, excretory functions, or bestiality, or lewd exhibition of the genitals, which the average adult taking the material as a whole in applying statewide contemporary community standards would find appeals to the prurient interest; and which material, taken as a whole, lacks serious literary, scientific, political, or artistic value.
   Sec. ___.  NEW SECTION.  728.2A  Obscene material and hard-core pornography in schools and school libraries.
   1.  As used in this section, unless the context otherwise requires:
   a.  “Administrator” means and includes a school superintendent, assistant superintendent, educational director, principal, assistant principal, and other individuals authorized to assist in performing noninstructional administrative duties.
   b.  “School” means and includes all of the following:
   (1)  A charter school established in accordance with section 256E.2.
   (2)  A nonpublic school, as that term is defined in section 280.2.
   (3)  A public school district, as described in chapter 274.
   c.  “Student” means an individual who is enrolled in and attending a school in kindergarten through grade twelve.
   d.  “Teacher” means the same defined in section 272.1.
   2.  A school shall designate at least one administrator to ensure that no obscene material or hard-core pornography is present and available to students in a library operated by the school that the administrator supervises or directs.
   3.  a.  An administrator who knowingly provides obscene material to a student in a library operated by the school that the administrator supervises or directs shall be guilty of a serious misdemeanor.
   b.  An administrator who knowingly provides hard-core pornography to a student in a library operated by the school that the administrator supervises or directs shall be guilty of an aggravated misdemeanor.
   c.  A teacher who knowingly requires a student to read or view obscene material as part of the teacher’s instructional program or curriculum shall be guilty of a serious misdemeanor.
   d.  A teacher who knowingly requires a student to read or view hard-core pornography as part of the teacher’s instructional program or curriculum shall be guilty of an aggravated misdemeanor.
   4.  a.  A parent or guardian of a student alleging a violation of subsection 3 by an administrator or teacher may bring a civil action for injunctive relief against the school that employs the administrator or teacher to prohibit the administrator or teacher from continuing such violation.
   b.  If a parent or guardian is the prevailing party in a civil action instituted pursuant to paragraph “a”, all of the following shall apply:
   (1)  The court shall award reasonable attorney fees to the parent or guardian.
   (2)  The court shall assess a civil penalty against the school that employs the administrator or teacher, not to exceed five hundred dollars per day for each day a violation occurs during the pendency of the civil action. However, the court shall not assess the civil penalty provided in this subparagraph for a violation of subsection 3, paragraph “a”, if the administrator or the school that employs the administrator removes the obscene material or hard-core pornography from the library operated by the school during the pendency of the civil action. Revenue from the civil penalty provided in this subparagraph shall be remitted to the treasurer of state for deposit in the general fund of the state.
   (3)  The clerk of court shall send a copy of the court’s order issued pursuant to paragraph “a” and a copy of this section by restricted certified mail, return receipt requested, to the attorney general and to the county attorney of the county in which the school that employs the administrator or teacher in violation of subsection 3 is located.
   5.  A parent or guardian who was the prevailing party in a civil action instituted pursuant to subsection 4 may bring a civil action for damages against the school that employs the administrator or teacher if the administrator or teacher violates an injunction issued pursuant to subsection 4. If a parent or guardian is the prevailing party in a civil action instituted pursuant to this subsection, the clerk of court shall send a copy of the court’s order issued pursuant to this subsection and a copy of this section by restricted certified mail, return receipt requested, to the board of educational examiners. Damages awarded pursuant to this subsection shall include all of the following:
   a.  Actual damages for injuries resulting from the administrator’s or teacher’s initial violation of subsection 3 and the administrator’s or teacher’s violation of the injunction.
   b.  A penalty in an amount determined by the court, but not less than one thousand dollars per day for each day the administrator’s or teacher’s violation of the injunction continues. 
   c.  The state of Iowa hereby waives immunity from suit and consents to the jurisdiction of any court in which an action is brought against a charter school established in accordance with section 256E.2 or a public school district, as described in chapter 274, respecting any cause of action arising out of this subsection. Such action shall be heard and determined pursuant to rules otherwise applicable to civil actions brought in the particular court having jurisdiction of the suit and the parties to the suit shall have the right of appeal from any judgment, decree, or decision of the trial court to the appropriate appellate court under applicable rules of appeal.
   6.  A county attorney or the attorney general may institute criminal or civil actions to enforce the provisions of this section. A county attorney’s or the attorney general’s receipt of a copy of a court’s injunctive order provided by the clerk of court issued pursuant to subsection 4, along with subsequent information that a violation of subsection 3 is continuing to occur, shall constitute probable cause that a violation of subsection 3 has occurred.
   Sec. ___.  Section 728.4, Code 2022, is amended to read as follows:
   728.4  Rental or sale of hard-core pornography.
   A person who knowingly rents, sells, or offers for rental or sale material depicting patently offensive representations of oral, anal, or vaginal intercourse, actual or simulated, involving humans, or depicting patently offensive representations of masturbation, excretory functions, or bestiality, or lewd exhibition of the genitals, which the average adult taking the material as a whole in applying statewide contemporary community standards would find appeals to the prurient interest; and which material, taken as a whole, lacks serious literary, scientific, political, or artistic value hard-core pornography, upon conviction, is guilty of an aggravated misdemeanor. However, second and subsequent violations of this section by a person who has been previously convicted of violating this section are class “D” felonies. For purposes of this section, an offense is considered a second or subsequent offense if, prior to the person’s having been convicted under this section, the person has a prior conviction or a deferred judgment under section 728.2A, subsection 3, paragraph “b” or “d”. Charges under this section may only be brought by a county attorney or by the attorney general.
   Sec. ___.  Section 728.6, Code 2022, is amended to read as follows:
   728.6  Civil suit to determine obscenity.
   Whenever the attorney general or the county attorney of any county has reasonable cause to believe that any person is engaged or plans to engage in the dissemination or exhibition of obscene material within the county attorney’s county to minors, the attorney general or the county attorney may institute a civil proceeding in the district court of the county to enjoin the dissemination or exhibition of obscene material to minors. Such application for injunction is optional and not mandatory and shall not be construed as a prerequisite to criminal prosecution for a violation of this chapter.
   Sec. ___.  Section 728.7, Code 2022, is amended to read as follows:
   728.7  Exemptions for public libraries and educational institutions.
   Nothing in this chapter prohibits the use of appropriate material for educational purposes in any accredited school, or any public library, or in any educational program in which the minor is participating. Nothing in this chapter prohibits the attendance of minors at an exhibition or display of art works or the use of any materials in any public library.  For purposes of this section, “appropriate material” does not include obscene material or hard-core pornography.>
   2.  Title page, by striking lines 1 through 5 and inserting <An Act relating to matters under the purview of the state, including the funding of, the operation of, and appropriation of moneys to the college student aid commission, the department for the blind, the department of education, and the state board of regents, the dissemination of certain specified materials, prohibiting certain specified materials in schools and school libraries, instituting civil actions to determine obscenity, and providing penalties.>
   3.  By renumbering as necessary.

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SALMON of Black Hawk