H-8277

   Amend  the amendment, H-8260, to Senate File 2432, as amended, passed, and reprinted by the Senate, as follows:
   1.  Page 1, by striking lines 9 through 21 and inserting: 
   <Sec. ___.  Section 8A.209, subsection 4, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  (1)  Enforces youth-protective policies and allows a parent or legal guardian access to monitor their child’s borrowing activity. Each eligible library shall submit to the department an annual report as prescribed by the department providing proof of youth-protective policies. For purposes of this paragraph:
   (a)  “Material harmful to minors” means any book, magazine, pamphlet, newspaper, document, image, photograph, drawing, film, video, digital file, audio recording, or other material, whether printed, electronic, or digital, described by all of the following:
   (i)  Taken as a whole from the perspective of the average minor and considering the dominant theme of the material, the material appeals to the prurient interest of a minor in sex, nudity, or excretion. “Prurient interest” means a shameful or morbid interest as distinguished from a candid interest.
   (ii)  The material depicts, describes, or represents, in a manner patently offensive with respect to what is suitable for a minor under contemporary community standards, one or more of the following:
   (A)  Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal contact, whether between persons of the same or opposite sex or between a human and an animal.
   (B)  Masturbation.
   (C)  Sadistic or masochistic abuse for the purpose of sexual stimulation.
   (D)  Exhibition or graphic description of the genitals, pubic area, or buttocks for the purpose of sexual stimulation.
   (E)  Any touching of the genitals, pubic area, or buttocks for the purpose of sexual stimulation.
   (F)  Sexual acts involving bondage, domination, humiliation, or degradation for the purpose of sexual stimulation.
   (iii)  Taken as a whole from the perspective of a reasonable person evaluating the material’s value to a minor, the material lacks serious literary, artistic, political, or scientific value for minors.
   (b)  “Youth-protective policies” means policies which prevent material harmful to minors from being accessed by a minor without permission from the minor’s parent or legal guardian.
   (2)  (a)  Subparagraph (1) shall not be construed to restrict, condition, or burden an adult’s access to any library material or restrict an adult’s access to a library collection.
   (b)  Subsection (1) shall not be construed to require a library to remove, limit access to, suppress, or destroy any library material.>
   2.  Page 2, after line 5 by inserting: 
   <Sec. ___.  NEW SECTION.  8A.213  Civil action.
   1.  For purposes of this section, unless the context otherwise requires:
   a.  “Material harmful to minors” means any book, magazine, pamphlet, newspaper, document, image, photograph, drawing, film, video, digital file, audio recording, or other material, whether printed, electronic, or digital, described by all of the following:
   (1)  Taken as a whole from the perspective of the average minor and considering the dominant theme of the material, the material appeals to the prurient interest of a minor in sex, nudity, or excretion.
   (2)  The material depicts, describes, or represents, in a manner patently offensive with respect to what is suitable for a minor under contemporary community standards, one or more of the following:
   (a)  Sexua1 intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal contact, whether between persons of the same or opposite sex or between a human and an animal.
   (b)  Masturbation.
   (c)  Sadistic or masochistic abuse for the purpose of sexual stimulation.
   (d)  Exhibition or graphic description of the genitals, pubic area, or buttocks for the purpose of sexual stimulation.
   (e)  Any touching of the genitals, pubic area, or buttocks for the purpose of sexual stimulation.
   (f)  Sexual acts involving bondage, domination, humiliation, or degradation for the purpose of sexual stimulation.
   (3)  Taken as a whole from the perspective of a reasonable person evaluating the material’s value to a minor, the material lacks serious literary, artistic, political, or scientific value for minors.
   b.  “Prurient interest” means a shameful or morbid interest as distinguished from a candid interest.
   c.  “Youth-protective policies” means policies which prevent material harmful to minors from being accessed by a minor without permission from the minor’s parent or legal guardian.
   2.  A parent or legal guardian of an unemancipated minor may bring a civil action on behalf of the minor against a public library, a library board, a library director, or a library employee for permitting a minor’s access to material harmful to minors.
   3.  A court may award any combination of injunctive relief, declaratory relief, actual damages, or attorney fees to a plaintiff under this section if the court finds all of the following by clear and convincing evidence:
   a.  The material the minor accessed was material harmful to minors.
   b.  The defendant willfully or wantonly disseminated the material harmful to minors to the minor, or the defendant willfully or wantonly directed, urged, promoted, or affirmatively pushed the material harmful to minors to the minor.
   c.  The public library did not have permission from the minor’s parent or legal guardian on file to allow the minor to access the material harmful to minors at the time the minor accessed the material harmful to minors.
   d.  The minor suffered actual harm caused by the defendant’s conduct.
   4.  This section shall not be construed to make a public library, a library board, a library director, or a library employee liable for any of the following:
   a.  Simple negligence.
   b.  A cataloging error.
   c.  A shelving error.
   d.  An isolated inadvertent action.
   e.  Merely making material available in a public library collection.
   f.  A difference in opinion of whether material has serious literary, artistic, political, or scientific value.
   5.  a.  A public library employee shall not be liable under this section if, at the time of the alleged conduct, the library had adopted and was materially complying with written policies and procedures reasonably designed to prevent a violation of this section.
   b.  Paragraph “a” shall not apply if a plaintiff proves by clear and convincing evidence that a defendant knew the library adopted written policies and procedures designed to prevent a violation of this section but intentionally acted outside, or willfully disregarded, the written policies and procedures.>
   3.  Page 2, line 19, by striking <age-appropriate> and inserting <youth-protective>
   4.  Page 3, line 7, by striking <age-appropriate> and inserting <youth-protective>
   5.  Page 3, line 9, by striking <Age-appropriate material> and inserting <Material harmful to minors>
   6.  Page 3, line 11, by striking <age-appropriate> and inserting <youth-protective>
   7.  Page 3, line 17, by striking <age-appropriate> and inserting <youth-protective>
   8.  Page 3, line 21, by striking <age-appropriate> and inserting <youth-protective>
   9.  Page 3, line 26, by striking <the materials are age-appropriate> and inserting <any of the materials are material harmful to minors>
   10.  Page 3, lines 27 and 28, by striking <Material deemed inappropriate for> and inserting <Material harmful to>
   11.  Page 3, line 32, by striking <age-appropriate> and inserting <material harmful to minors>
   12.  Page 3, line 33, after <allow> by inserting <a minimum of>
   13.  Page 3, line 34, by striking <up to> and inserting <a minimum of>
   14.  Page 4, line 8, by striking <removal> and inserting <restriction>
   15.  Page 4, line 19, by striking <age-appropriate materials> and inserting <material harmful to minors, as that term is defined in section 8A.213,>
   16.  Page 4, line 22, by striking <certain materials> and inserting <material harmful to minors>
   17.  Page 4, line 28, by striking <removal> and inserting <restriction>
   18.  Page 4, line 35, after <person.> by inserting <The designation of, or proposed designation of, material as material harmful to minors shall not be used as the basis for restricting material to individuals who are not minors. Libraries shall establish policies as necessary to ensure that library patrons who are not minors are not inconvenienced or impeded from accessing material designated, or proposed to be designated, as material harmful to minors.>
   19.  Page 5, lines 9 and 10, by striking <age-appropriate material> and inserting <material harmful to minors>
   20.  Page 5, lines 10 and 11, by striking <halt access to the subject materials> and inserting <prevent minor access to the material>
   21.  Page 6, line 20, by striking <Age-appropriate material> and inserting <Material harmful to minors>
   22.  Page 6, line 22, by striking <age-appropriate> and inserting <youth-protective>
   23.  Page 6, line 25, by striking <violations of a policy that are> and inserting <violation of a policy adopted under this section that is>
   24.  Page 6, line 28, by striking <age-appropriate> and inserting <youth-protective>
   25.  Page 6, line 32, by striking <age-appropriate> and inserting <youth-protective>
   26.  Page 7, by striking lines 1 through 5 and inserting: 
   <2.  a.  Material harmful to minors, as defined in section 8A.212, held in a public library’s collection prior to July 1, 2027, shall be maintained in compliance with written policies and procedures to prohibit minors from accessing material harmful to minors without authorization as the material comes under curatorial review in the ordinary course of collection management.
   b.  Notwithstanding subsection 1, each public library shall complete the review and classification of the library’s collection and restrict access to material harmful to minors no later than July 1, 2032. A court shall consider a library’s good-faith progress toward compliance under this section when making a determination under section 8A.213 regarding conduct prior to July 1, 2032. A public library that demonstrates documented, ongoing review and classification to comply with this section shall not be subject to liability under section 8A.213 solely on the basis that the library was not fully compliant before July 1, 2032, unless the plaintiff proves that the library willfully or wantonly failed to make reasonable progress.>
   27.  Page 7, line 8, by striking <age-appropriate> and inserting <material harmful to minors>
   28.  Page 7, after line 11 by inserting: 
   <4.  This section shall not be construed to require a library to remove, limit access to, suppress, or destroy any library material.>
   29.  Page 7, line 19, by striking <removal> and inserting <restriction>
   30.  Page 7, line 19, after <material> by inserting <harmful to minors, as that term is defined in section 8A.213,>
   31.  Page 7, line 30, by striking <age-appropriate materials> and inserting <material harmful to minors>
   32.  Page 7, line 33, by striking <certain materials> and inserting <the material alleged to be material harmful to minors>
   33.  Page 8, line 4, by striking <removal> and inserting <restriction>
   34.  Page 8, lines 19 and 20, by striking <age-appropriate material,> and inserting <material harmful to minors, as that term is defined in section 8A.213,>

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THOMSON of Floyd