S.F. 2198 Section 1. Section 272.2, subsection 14, paragraph b, 1 subparagraph (1), Code 2022, is amended by adding the following 2 new subparagraph division: 3 NEW SUBPARAGRAPH DIVISION . (0g) Providing obscene material 4 or hard-core pornography to students from a school library 5 or requiring a student to read or view obscene material or 6 hard-core pornography under section 728.2A. For purposes of 7 this subparagraph division, “obscene material” and “hard-core 8 pornography” mean the same as defined in section 728.1. 9 Sec. 2. Section 728.1, Code 2022, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 1A. “Hard-core pornography” means material 12 depicting patently offensive representations of oral, anal, or 13 vaginal intercourse, actual or simulated, involving humans, or 14 depicting patently offensive representations of masturbation, 15 excretory functions, or bestiality, or lewd exhibition of the 16 genitals, which the average adult taking the material as a 17 whole in applying statewide contemporary community standards 18 would find appeals to the prurient interest; and which 19 material, taken as a whole, lacks serious literary, scientific, 20 political, or artistic value. 21 Sec. 3. NEW SECTION . 728.2A Obscene material and hard-core 22 pornography in schools and school libraries. 23 1. As used in this section, unless the context otherwise 24 requires: 25 a. “Administrator” means and includes a school 26 superintendent, assistant superintendent, educational 27 director, principal, assistant principal, and other 28 individuals authorized to assist in performing noninstructional 29 administrative duties. 30 b. “School” means and includes all of the following: 31 (1) A charter school established in accordance with section 32 256E.2. 33 (2) A nonpublic school, as that term is defined in section 34 280.2. 35 -1- LSB 5175XS (14) 89 jda/rh 1/ 7

S.F. 2198 (3) A public school district, as described in chapter 274. 1 c. “Student” means an individual who is enrolled in and 2 attending a school in kindergarten through grade twelve. 3 d. “Teacher” means the same defined in section 272.1. 4 2. A school shall designate at least one administrator to 5 ensure that no obscene material or hard-core pornography is 6 present and available to students in a library operated by the 7 school that the administrator supervises or directs. 8 3. a. An administrator who knowingly provides obscene 9 material or hard-core pornography to a student in a library 10 operated by the school that the administrator supervises or 11 directs shall be guilty of a serious misdemeanor. 12 b. A teacher who knowingly requires a student to read or 13 view obscene material or hard-core pornography as part of the 14 teacher’s instructional program or curriculum shall be guilty 15 of a serious misdemeanor. 16 4. a. A parent or guardian of a student alleging a 17 violation of subsection 3 by an administrator or teacher may 18 bring a civil action for injunctive relief against the school 19 that employs the administrator or teacher to prohibit the 20 administrator or teacher from continuing such violation. 21 b. If a parent or guardian is the prevailing party in a 22 civil action instituted pursuant to paragraph “a” , all of the 23 following shall apply: 24 (1) The court shall award reasonable attorney fees to the 25 parent or guardian. 26 (2) The court shall assess a civil penalty against the 27 school that employs the administrator or teacher, not to 28 exceed five hundred dollars per day for each day a violation 29 occurs during the pendency of the civil action. However, the 30 court shall not assess the civil penalty provided in this 31 subparagraph for a violation of subsection 3, paragraph “a” , if 32 the administrator or the school that employs the administrator 33 removes the obscene material or hard-core pornography from 34 the library operated by the school during the pendency of the 35 -2- LSB 5175XS (14) 89 jda/rh 2/ 7

S.F. 2198 civil action. Revenue from the civil penalty provided in this 1 subparagraph shall be remitted to the treasurer of state for 2 deposit in the general fund of the state. 3 (3) The clerk of court shall send a copy of the court’s 4 order issued pursuant to paragraph “a” and a copy of this 5 section by restricted certified mail, return receipt requested, 6 to the county attorney of the county in which the school that 7 employs the administrator or teacher in violation of subsection 8 3 is located. 9 5. A county attorney shall file a criminal action on behalf 10 of the state against the administrator or teacher in violation 11 of subsection 3 within sixty days of the county attorney’s 12 receipt of information from any person who provides the county 13 attorney with probable cause that a violation of subsection 3 14 has occurred. The county attorney’s receipt of a copy of a 15 court’s injunctive order provided by the clerk of court issued 16 pursuant to subsection 4 along with subsequent information 17 that a violation of subsection 3 is continuing to occur shall 18 constitute probable cause that a violation of subsection 3 has 19 occurred. 20 6. a. If a county attorney fails to institute a criminal 21 action on behalf of the state within sixty days of the county 22 attorney’s receipt of information from any person who provides 23 the county attorney with probable cause that a violation of 24 subsection 3 has occurred, the parent or guardian of the 25 student who was injured by the violation of subsection 3 may 26 bring a civil action for damages against the county attorney. 27 Damages awarded pursuant to this subsection shall include all 28 of the following: 29 (1) Actual damages for injuries resulting from a violation 30 of subsection 3. 31 (2) A penalty in an amount determined by the court, but not 32 less than one thousand dollars per day for each day the county 33 attorney fails to institute a criminal action in accordance 34 with this subsection. 35 -3- LSB 5175XS (14) 89 jda/rh 3/ 7

S.F. 2198 b. The state of Iowa hereby waives immunity from suit and 1 consents to the jurisdiction of any court in which an action 2 is brought against a county attorney respecting any cause of 3 action arising out of this subsection. Such action shall be 4 heard and determined pursuant to rules otherwise applicable 5 to civil actions brought in the particular court having 6 jurisdiction of the suit and the parties to the suit shall have 7 the right of appeal from any judgment, decree, or decision 8 of the trial court to the appropriate appellate court under 9 applicable rules of appeal. 10 Sec. 4. Section 728.4, Code 2022, is amended to read as 11 follows: 12 728.4 Rental or sale of hard-core pornography. 13 A person who knowingly rents, sells, or offers for 14 rental or sale material depicting patently offensive 15 representations of oral, anal, or vaginal intercourse, actual 16 or simulated, involving humans, or depicting patently offensive 17 representations of masturbation, excretory functions, or 18 bestiality, or lewd exhibition of the genitals, which the 19 average adult taking the material as a whole in applying 20 statewide contemporary community standards would find appeals 21 to the prurient interest; and which material, taken as a whole, 22 lacks serious literary, scientific, political, or artistic 23 value hard-core pornography , upon conviction , is guilty of 24 an aggravated misdemeanor. However, second and subsequent 25 violations of this section by a person who has been previously 26 convicted of violating this section are class “D” felonies. 27 Charges under this section may only be brought by a county 28 attorney or by the attorney general. 29 Sec. 5. Section 728.7, Code 2022, is amended to read as 30 follows: 31 728.7 Exemptions for public libraries and educational 32 institutions. 33 Nothing in this chapter prohibits the use of appropriate 34 material for educational purposes in any accredited school, 35 -4- LSB 5175XS (14) 89 jda/rh 4/ 7

S.F. 2198 or any public library, or in any educational program in which 1 the minor is participating. Nothing in this chapter prohibits 2 the attendance of minors at an exhibition or display of art 3 works or the use of any materials in any public library. For 4 purposes of this section, “appropriate material” does not 5 include obscene material or hard-core pornography. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to the prohibition of certain specified 10 materials in schools and school libraries. 11 The bill requires a school to designate at least one 12 administrator to ensure that no obscene material or hard-core 13 pornography is present and available to students in a library 14 operated by the school that the administrator supervises or 15 directs. 16 The bill prohibits an administrator from knowingly providing 17 obscene material or hard-core pornography to students in 18 a library operated by the school that the administrator 19 supervises or directs. The bill also prohibits a teacher from 20 knowingly requiring a student to read or view obscene material 21 or hard-core pornography as part of the teacher’s instructional 22 program or curriculum. The bill provides that an administrator 23 or teacher who violates either of these provisions is guilty 24 of a serious misdemeanor. A serious misdemeanor is punishable 25 by confinement for no more than one year and a fine of at least 26 $430 but not more than $2,560. The bill requires the board of 27 educational examiners to adopt rules that require the board to 28 disqualify an applicant for a license or to revoke a person’s 29 license for a violation of either of these provisions. 30 The bill authorizes a parent or guardian of a student 31 alleging a violation of the bill’s provisions to bring a civil 32 action for injunctive relief against the school that employs an 33 administrator or teacher in violation of the bill. The bill 34 requires a court to award reasonable attorney fees to a parent 35 -5- LSB 5175XS (14) 89 jda/rh 5/ 7

S.F. 2198 or guardian who prevails in this civil action. 1 The bill provides that if a parent or guardian is the 2 prevailing party in the civil action, the court shall assess a 3 civil penalty against the school that employs the administrator 4 or teacher, not to exceed $500 per day for each day a violation 5 occurs during the pendency of the civil action, unless certain 6 limited exceptions apply. The bill requires revenue from the 7 civil penalty to be remitted to the treasurer of state for 8 deposit in the general fund of the state. 9 The bill provides that if a parent or guardian is the 10 prevailing party in the civil action, the clerk of court 11 shall send a copy of the court’s order and a copy of the law 12 by certified mail to the county attorney of the county in 13 which the school that employs the administrator or teacher who 14 violated the bill’s provisions is located. 15 The bill requires the county attorney of the county in 16 which the school is located to file a criminal action against 17 the administrator or teacher in violation of the bill within 18 60 days of the county attorney’s receipt of information 19 that provides the county attorney with probable cause that a 20 violation of the bill’s provisions has occurred. The bill 21 provides that the county attorney’s receipt of a copy of a 22 court’s injunctive order provided by the clerk of court along 23 with subsequent information that a violation of the bill’s 24 provisions is continuing to occur shall constitute probable 25 cause that a violation of the bill’s criminal provision has 26 occurred. 27 The bill provides that if a county attorney fails to file a 28 criminal action on behalf of the state within 60 days of the 29 receipt of information that provides the county attorney with 30 probable cause that a violation of the bill’s provisions has 31 occurred, the parent or guardian of the student who was injured 32 by the violation may bring a civil action for damages against 33 the county attorney. Additionally, the bill provides that the 34 damages shall include both actual damages and a penalty not 35 -6- LSB 5175XS (14) 89 jda/rh 6/ 7

S.F. 2198 less than $1,000 per day for each day the county attorney fails 1 to file a criminal action. The bill waives immunity for a 2 county attorney in any cause of action brought against a county 3 attorney under the bill. 4 Current law provides that Code chapter 728 does not prohibit 5 the use of appropriate material for educational purposes in any 6 accredited school, public library, or educational program in 7 which the minor is participating, and does not prohibit the 8 attendance of minors at an exhibition or display of art works 9 or the use of any materials in any public library. The bill 10 provides that, for purposes of this provision, appropriate 11 material does not include obscene material or hard-core 12 pornography. 13 The bill contains definitions for “administrator”, 14 “hard-core pornography”, “school”, “student”, and “teacher”. 15 The bill makes conforming Code changes to Code section 728.4 16 (rental or sale of hard-core pornography). 17 -7- LSB 5175XS (14) 89 jda/rh 7/ 7