Senate File 2432 H-8277 Amend the amendment, H-8260, to Senate File 2432, as 1 amended, passed, and reprinted by the Senate, as follows: 2 1. Page 1, by striking lines 9 through 21 and inserting: 3 < Sec. ___. Section 8A.209, subsection 4, Code 2026, is 4 amended by adding the following new paragraph: 5 NEW PARAGRAPH . d. (1) Enforces youth-protective policies 6 and allows a parent or legal guardian access to monitor their 7 child’s borrowing activity. Each eligible library shall 8 submit to the department an annual report as prescribed by the 9 department providing proof of youth-protective policies. For 10 purposes of this paragraph: 11 (a) “Material harmful to minors” means any book, magazine, 12 pamphlet, newspaper, document, image, photograph, drawing, 13 film, video, digital file, audio recording, or other material, 14 whether printed, electronic, or digital, described by all of 15 the following: 16 (i) Taken as a whole from the perspective of the average 17 minor and considering the dominant theme of the material, the 18 material appeals to the prurient interest of a minor in sex, 19 nudity, or excretion. “Prurient interest” means a shameful or 20 morbid interest as distinguished from a candid interest. 21 (ii) The material depicts, describes, or represents, in a 22 manner patently offensive with respect to what is suitable for 23 a minor under contemporary community standards, one or more of 24 the following: 25 (A) Sexual intercourse, including genital-genital, 26 oral-genital, anal-genital, or oral-anal contact, whether 27 between persons of the same or opposite sex or between a human 28 and an animal. 29 (B) Masturbation. 30 (C) Sadistic or masochistic abuse for the purpose of sexual 31 stimulation. 32 (D) Exhibition or graphic description of the genitals, 33 pubic area, or buttocks for the purpose of sexual stimulation. 34 (E) Any touching of the genitals, pubic area, or buttocks 35 -1- H 8260.3732 (1) 91 dg/ko 1/ 7 #1.

for the purpose of sexual stimulation. 1 (F) Sexual acts involving bondage, domination, humiliation, 2 or degradation for the purpose of sexual stimulation. 3 (iii) Taken as a whole from the perspective of a reasonable 4 person evaluating the material’s value to a minor, the material 5 lacks serious literary, artistic, political, or scientific 6 value for minors. 7 (b) “Youth-protective policies” means policies which prevent 8 material harmful to minors from being accessed by a minor 9 without permission from the minor’s parent or legal guardian. 10 (2) (a) Subparagraph (1) shall not be construed to 11 restrict, condition, or burden an adult’s access to any library 12 material or restrict an adult’s access to a library collection. 13 (b) Subsection (1) shall not be construed to require a 14 library to remove, limit access to, suppress, or destroy any 15 library material. > 16 2. Page 2, after line 5 by inserting: 17 < Sec. ___. NEW SECTION . 8A.213 Civil action. 18 1. For purposes of this section, unless the context 19 otherwise requires: 20 a. “Material harmful to minors” means any book, magazine, 21 pamphlet, newspaper, document, image, photograph, drawing, 22 film, video, digital file, audio recording, or other material, 23 whether printed, electronic, or digital, described by all of 24 the following: 25 (1) Taken as a whole from the perspective of the average 26 minor and considering the dominant theme of the material, the 27 material appeals to the prurient interest of a minor in sex, 28 nudity, or excretion. 29 (2) The material depicts, describes, or represents, in a 30 manner patently offensive with respect to what is suitable for 31 a minor under contemporary community standards, one or more of 32 the following: 33 (a) Sexua1 intercourse, including genital-genital, 34 oral-genital, anal-genital, or oral-anal contact, whether 35 -2- H 8260.3732 (1) 91 dg/ko 2/ 7 #2.

between persons of the same or opposite sex or between a human 1 and an animal. 2 (b) Masturbation. 3 (c) Sadistic or masochistic abuse for the purpose of sexual 4 stimulation. 5 (d) Exhibition or graphic description of the genitals, 6 pubic area, or buttocks for the purpose of sexual stimulation. 7 (e) Any touching of the genitals, pubic area, or buttocks 8 for the purpose of sexual stimulation. 9 (f) Sexual acts involving bondage, domination, humiliation, 10 or degradation for the purpose of sexual stimulation. 11 (3) Taken as a whole from the perspective of a reasonable 12 person evaluating the material’s value to a minor, the material 13 lacks serious literary, artistic, political, or scientific 14 value for minors. 15 b. “Prurient interest” means a shameful or morbid interest 16 as distinguished from a candid interest. 17 c. “Youth-protective policies” means policies which prevent 18 material harmful to minors from being accessed by a minor 19 without permission from the minor’s parent or legal guardian. 20 2. A parent or legal guardian of an unemancipated minor may 21 bring a civil action on behalf of the minor against a public 22 library, a library board, a library director, or a library 23 employee for permitting a minor’s access to material harmful 24 to minors. 25 3. A court may award any combination of injunctive relief, 26 declaratory relief, actual damages, or attorney fees to a 27 plaintiff under this section if the court finds all of the 28 following by clear and convincing evidence: 29 a. The material the minor accessed was material harmful to 30 minors. 31 b. The defendant willfully or wantonly disseminated the 32 material harmful to minors to the minor, or the defendant 33 willfully or wantonly directed, urged, promoted, or 34 affirmatively pushed the material harmful to minors to the 35 -3- H 8260.3732 (1) 91 dg/ko 3/ 7

minor. 1 c. The public library did not have permission from the 2 minor’s parent or legal guardian on file to allow the minor to 3 access the material harmful to minors at the time the minor 4 accessed the material harmful to minors. 5 d. The minor suffered actual harm caused by the defendant’s 6 conduct. 7 4. This section shall not be construed to make a public 8 library, a library board, a library director, or a library 9 employee liable for any of the following: 10 a. Simple negligence. 11 b. A cataloging error. 12 c. A shelving error. 13 d. An isolated inadvertent action. 14 e. Merely making material available in a public library 15 collection. 16 f. A difference in opinion of whether material has serious 17 literary, artistic, political, or scientific value. 18 5. a. A public library employee shall not be liable under 19 this section if, at the time of the alleged conduct, the 20 library had adopted and was materially complying with written 21 policies and procedures reasonably designed to prevent a 22 violation of this section. 23 b. Paragraph “a” shall not apply if a plaintiff proves by 24 clear and convincing evidence that a defendant knew the library 25 adopted written policies and procedures designed to prevent a 26 violation of this section but intentionally acted outside, or 27 willfully disregarded, the written policies and procedures. > 28 3. Page 2, line 19, by striking < age-appropriate > and 29 inserting < youth-protective > 30 4. Page 3, line 7, by striking < age-appropriate > and 31 inserting < youth-protective > 32 5. Page 3, line 9, by striking < Age-appropriate material > 33 and inserting < Material harmful to minors > 34 6. Page 3, line 11, by striking < age-appropriate > and 35 -4- H 8260.3732 (1) 91 dg/ko 4/ 7 #3. #4. #5.

inserting < youth-protective > 1 7. Page 3, line 17, by striking < age-appropriate > and 2 inserting < youth-protective > 3 8. Page 3, line 21, by striking < age-appropriate > and 4 inserting < youth-protective > 5 9. Page 3, line 26, by striking < the materials are 6 age-appropriate > and inserting < any of the materials are 7 material harmful to minors > 8 10. Page 3, lines 27 and 28, by striking < Material deemed 9 inappropriate for > and inserting < Material harmful to > 10 11. Page 3, line 32, by striking < age-appropriate > and 11 inserting < material harmful to minors > 12 12. Page 3, line 33, after < allow > by inserting < a minimum 13 of > 14 13. Page 3, line 34, by striking < up to > and inserting < a 15 minimum of > 16 14. Page 4, line 8, by striking < removal > and inserting 17 < restriction > 18 15. Page 4, line 19, by striking < age-appropriate 19 materials > and inserting < material harmful to minors, as that 20 term is defined in section 8A.213, > 21 16. Page 4, line 22, by striking < certain materials > and 22 inserting < material harmful to minors > 23 17. Page 4, line 28, by striking < removal > and inserting 24 < restriction > 25 18. Page 4, line 35, after < person. > by inserting < The 26 designation of, or proposed designation of, material as 27 material harmful to minors shall not be used as the basis 28 for restricting material to individuals who are not minors. 29 Libraries shall establish policies as necessary to ensure that 30 library patrons who are not minors are not inconvenienced or 31 impeded from accessing material designated, or proposed to be 32 designated, as material harmful to minors. > 33 19. Page 5, lines 9 and 10, by striking < age-appropriate 34 material > and inserting < material harmful to minors > 35 -5- H 8260.3732 (1) 91 dg/ko 5/ 7 #7. #8. #9. #10. #11. #12. #13. #14. #15. #16. #17. #18.

20. Page 5, lines 10 and 11, by striking < halt access to 1 the subject materials > and inserting < prevent minor access to 2 the material > 3 21. Page 6, line 20, by striking < Age-appropriate material > 4 and inserting < Material harmful to minors > 5 22. Page 6, line 22, by striking < age-appropriate > and 6 inserting < youth-protective > 7 23. Page 6, line 25, by striking < violations of a policy 8 that are > and inserting < violation of a policy adopted under 9 this section that is > 10 24. Page 6, line 28, by striking < age-appropriate > and 11 inserting < youth-protective > 12 25. Page 6, line 32, by striking < age-appropriate > and 13 inserting < youth-protective > 14 26. Page 7, by striking lines 1 through 5 and inserting: 15 < 2. a. Material harmful to minors, as defined in section 16 8A.212, held in a public library’s collection prior to July 1, 17 2027, shall be maintained in compliance with written policies 18 and procedures to prohibit minors from accessing material 19 harmful to minors without authorization as the material comes 20 under curatorial review in the ordinary course of collection 21 management. 22 b. Notwithstanding subsection 1, each public library 23 shall complete the review and classification of the library’s 24 collection and restrict access to material harmful to minors 25 no later than July 1, 2032. A court shall consider a library’s 26 good-faith progress toward compliance under this section when 27 making a determination under section 8A.213 regarding conduct 28 prior to July 1, 2032. A public library that demonstrates 29 documented, ongoing review and classification to comply with 30 this section shall not be subject to liability under section 31 8A.213 solely on the basis that the library was not fully 32 compliant before July 1, 2032, unless the plaintiff proves that 33 the library willfully or wantonly failed to make reasonable 34 progress. > 35 -6- H 8260.3732 (1) 91 dg/ko 6/ 7 #20. #21. #22. #23. #24. #25. #26.

27. Page 7, line 8, by striking < age-appropriate > and 1 inserting < material harmful to minors > 2 28. Page 7, after line 11 by inserting: 3 < 4. This section shall not be construed to require a library 4 to remove, limit access to, suppress, or destroy any library 5 material. > 6 29. Page 7, line 19, by striking < removal > and inserting 7 < restriction > 8 30. Page 7, line 19, after < material > by inserting < harmful 9 to minors, as that term is defined in section 8A.213, > 10 31. Page 7, line 30, by striking < age-appropriate 11 materials > and inserting < material harmful to minors > 12 32. Page 7, line 33, by striking < certain materials > and 13 inserting < the material alleged to be material harmful to 14 minors > 15 33. Page 8, line 4, by striking < removal > and inserting 16 < restriction > 17 34. Page 8, lines 19 and 20, by striking < age-appropriate 18 material, > and inserting < material harmful to minors, as that 19 term is defined in section 8A.213, > 20 ______________________________ THOMSON of Floyd -7- H 8260.3732 (1) 91 dg/ko 7/ 7 #27. #28. #29. #30. #31. #32. #33. #34.