House File 185 - Introduced HOUSE FILE 185 BY SALMON A BILL FOR An Act relating to the exposure of minors to, and the 1 participation of minors in, inappropriate programming 2 at public libraries and public elementary and secondary 3 schools, and providing penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1158YH (3) 89 as/rh

H.F. 185 Section 1. Section 728.7, Code 2021, is amended to read as 1 follows: 2 728.7 Exemptions for public libraries and educational 3 institutions. 4 1. Nothing in this chapter prohibits the use of appropriate 5 material for educational purposes in any accredited school, or 6 any public library, or in any appropriate educational program 7 in which the minor is participating. Nothing in this chapter 8 prohibits the attendance of minors at an appropriate exhibition 9 or display of art works or the use of any appropriate materials 10 in any public library. 11 2. For purposes of this section, “appropriate” means the 12 material adheres to or is consistent with community standards 13 of decency with respect to what is suitable for minors to view, 14 be exposed to, or participate in viewing; the material does not 15 appeal to the prurient interest for minors; the material is 16 not patently offensive for minors; or the material has serious 17 literary, scientific, political, or artistic value for minors. 18 Sec. 2. NEW SECTION . 728.7A Exposing a minor to 19 inappropriate programming —— penalties. 20 1. As used in this section: 21 a. “Inappropriate” means violating community standards of 22 decency with respect to what is suitable for minors to view, 23 be exposed to, or participate in; appealing to the prurient 24 interest for minors; is patently offensive for minors; or 25 lacking serious literary, scientific, political, or artistic 26 value for minors. 27 b. “Programming” means a live event, in person or 28 given remotely, including presentations, performances, and 29 instructional activities. 30 2. Public libraries and elementary and secondary schools 31 shall not knowingly allow a minor to be exposed to or 32 participate in inappropriate programming. A public library 33 or elementary or secondary school employee, including an 34 employee or board member of a public library or elementary or 35 -1- LSB 1158YH (3) 89 as/rh 1/ 3

H.F. 185 secondary school acting in a supervisory role who approves of 1 and facilitates inappropriate programming, or who knowingly 2 allows a minor to be exposed to or participate in inappropriate 3 programming shall, upon conviction, be guilty of an aggravated 4 misdemeanor. 5 3. A library or public elementary or secondary school 6 that knowingly allows a minor to be exposed to or participate 7 in inappropriate programming shall be liable for a civil 8 penalty of seventy-five thousand dollars, which penalty 9 may be recovered in a court of competent jurisdiction by an 10 aggrieved parent or guardian of a minor who was exposed to 11 the inappropriate programming. The prevailing party shall be 12 awarded reasonable attorney fees and court costs. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill relates to the exposure of minors to, and the 17 participation of minors in, inappropriate programming at public 18 libraries and public elementary and secondary schools. 19 Under current law, there is no prohibition on the attendance 20 of minors at an exhibition or display of art works or the use 21 of any materials in any public library. The bill specifies 22 accredited schools and public libraries are not prohibited from 23 allowing minors to participate in an appropriate exhibition or 24 display of art works or the use of any appropriate materials 25 in any public library. The bill prohibits public libraries 26 and elementary and secondary schools from knowingly allowing 27 a minor to be exposed to or participate in inappropriate 28 programming. “Appropriate” and “inappropriate” are defined in 29 the bill. 30 A public library or elementary or secondary school 31 employee, including an employee or board member of a public 32 library or elementary or secondary school acting in a 33 supervisory role who approves and facilitates inappropriate 34 programming, or who knowingly allows a minor to be exposed 35 -2- LSB 1158YH (3) 89 as/rh 2/ 3

H.F. 185 to or participate in inappropriate programming shall, upon 1 conviction, be guilty of an aggravated misdemeanor. An 2 aggravated misdemeanor is punishable by confinement for no more 3 than two years and a fine of at least $855 but not more than 4 $8,540. 5 A public library or elementary or secondary school that 6 knowingly allows a minor to be exposed to or participate 7 in inappropriate programming shall be liable for a civil 8 penalty of $75,000, which penalty may be recovered by an 9 aggrieved parent or guardian of a minor who was exposed to 10 the inappropriate programming. The prevailing party shall be 11 awarded reasonable attorney fees and court costs. 12 -3- LSB 1158YH (3) 89 as/rh 3/ 3