H.F. 2309 Section 1. Section 22.7, subsection 13, Code 2026, is 1 amended to read as follows: 2 13. The records of a library which, by themselves or when 3 examined with other public records, would reveal the identity 4 of the library patron checking out or requesting an item or 5 information from the library. The records shall be released 6 to as follows: 7 a. To a criminal or juvenile justice agency only pursuant 8 to an investigation of a particular person or organization 9 suspected of committing a known crime. The records shall be 10 released only upon a judicial determination that a rational 11 connection exists between the requested release of information 12 and a legitimate end and that the need for the information is 13 cogent and compelling. 14 b. As permitted under chapter 728, subchapter II. 15 Sec. 2. Section 728.1, Code 2026, is amended by adding the 16 following new subsections: 17 NEW SUBSECTION . 01. “Adult section” means a designated 18 section in a library where material harmful to minors is 19 shelved and is described by all of the following: 20 a. The designated section is physically separated from 21 sections designated for children and young adults. 22 b. The designated section is clearly marked as containing 23 adult material. 24 c. The designated section is not accessible to minors who 25 are not accompanied by an adult without parental consent. 26 NEW SUBSECTION . 2A. “Library employee” means a person 27 employed by, contracted by, or volunteering for a public 28 library and who performs duties related to the provision 29 of library materials or services to patrons of that public 30 library. 31 NEW SUBSECTION . 3A. “Material harmful to minors” means 32 material, including but not limited to a book, magazine, 33 pamphlet, newspaper, document, image, photograph, drawing, 34 film, video, digital file, audio recording, or other content, 35 -1- LSB 6801YH (4) 91 dg/jh 1/ 20

H.F. 2309 whether printed, electronic, or digital, that is described by 1 all of the following: 2 a. Taken as a whole, the material appeals to the prurient 3 interest of minors in sex, nudity, or excretion. 4 b. The material depicts, describes, or represents, in 5 a manner patently offensive for minors under contemporary 6 community standards with respect to what is suitable for 7 minors, any of the following: 8 (1) Sexual intercourse, including genital-genital, 9 oral-genital, anal-genital, or oral-anal contact, whether 10 between persons of the same or opposite sex, or between a human 11 and an animal. 12 (2) Masturbation. 13 (3) Sadistic or masochistic abuse for sexual purposes. 14 (4) Exhibition or graphic description of the genitals, 15 pubic area, buttocks, or post-pubescent female breast for the 16 purpose of sexual stimulation or gratification. 17 (5) Sexual contact. 18 (6) Sexual acts involving bondage, domination, humiliation, 19 or degradation for the purpose of sexual stimulation. 20 (7) Sexual acts involving bodily fluids or excretory 21 functions for the purpose of sexual stimulation. 22 c. Taken as a whole, the material lacks literary, artistic, 23 political, or scientific value for minors. 24 NEW SUBSECTION . 5A. “Parent” means any of the following: 25 a. A biological or adoptive parent of a minor. 26 b. A legal guardian of a minor. 27 c. A person standing in loco parentis to a minor as 28 documented by court order, power of attorney, or other legal 29 instrument. 30 d. A legal custodian of a minor. 31 NEW SUBSECTION . 5B. a. “Parental consent” means written 32 authorization signed by a minor’s parent permitting the minor 33 to access material harmful to minors. Written authorization 34 may be any of the following: 35 -2- LSB 6801YH (4) 91 dg/jh 2/ 20

H.F. 2309 (1) General authorization to allow access to all library 1 materials without restriction. 2 (2) Limited authorization to allow access to specific 3 categories of materials or specific titles. 4 b. A parent may revoke parental consent at any time by 5 providing written notice of revocation to the library at which 6 parental consent was previously given. 7 NEW SUBSECTION . 6A. “Presumptively harmful material” means 8 material that meets two or more of the following criteria: 9 a. The material is marketed, labeled, or rated by the 10 publisher, distributor, or author as intended for adults, 11 mature audiences, persons over eighteen years of age, or a 12 similar designation. 13 b. The material contains explicit depictions or descriptions 14 of sexual intercourse, oral sex, anal sex, masturbation, or 15 sexual contact. 16 c. The material contains graphic, vulgar, or obscene 17 language describing sexual acts or genitalia. 18 d. The material depicts or describes sexual acts involving 19 violence, coercion, degradation, humiliation, or sadomasochism. 20 e. The material depicts or describes sexual acts involving 21 incest, regardless of whether the participants are consenting 22 adults in the narrative. 23 f. The material depicts or describes sexual acts in the 24 context of grooming, exploitation, or abuse. 25 g. The material is shelved by the library in an adult 26 section or is not cataloged as juvenile or young adult material 27 by the publisher. 28 NEW SUBSECTION . 8A. “Public library” means any of the 29 following: 30 a. A library that is a part of the library support network 31 described in section 8A.206. 32 b. A regional library system under the purview of the 33 library services advisory panel convened under section 8A.221. 34 c. A library district established under section 336.2. 35 -3- LSB 6801YH (4) 91 dg/jh 3/ 20

H.F. 2309 d. A library under the purview of a library board as 1 described in section 392.5. 2 e. A library that receives moneys from the state or a 3 political subdivision of the state. 4 f. A library operated by or on behalf of any of the 5 following: 6 (1) An area education agency established under section 7 273.2. 8 (2) A school district as described in chapter 274. 9 (3) An institution of higher education governed by the 10 state board of regents, to the extent the institution of higher 11 education provides services to minors. 12 NEW SUBSECTION . 8B. “Restricted access” means that a minor 13 may not check out, access, read on a library’s premises, or 14 otherwise obtain material harmful to minors without parental 15 consent on file with the library that possesses the material 16 harmful to minors. 17 NEW SUBSECTION . 10A. “Sexual contact” means touching of 18 the genitals, pubic area, buttocks, or female breast for the 19 purpose of sexual stimulation or gratification. 20 Sec. 3. Section 728.1, subsection 1, Code 2026, is amended 21 to read as follows: 22 1. “Disseminate” means to sell, lend, distribute, exhibit, 23 give away, provide access to, or otherwise transfer possession 24 or make available , with or without consideration. 25 Sec. 4. Section 728.7, Code 2026, is amended to read as 26 follows: 27 728.7 Exemptions for public libraries and educational 28 institutions. 29 Nothing in this chapter prohibits the shall prohibit any of 30 the following: 31 1. The use of appropriate material for educational or 32 research purposes by an adult or a minor with parental consent 33 in any an accredited school, or any a public library, or in any 34 an educational program in which the minor is participating . 35 -4- LSB 6801YH (4) 91 dg/jh 4/ 20

H.F. 2309 Nothing in this chapter prohibits the 1 2. The attendance of minors at an exhibition or display of 2 art works or the use of any materials in any public library . 3 Sec. 5. NEW SECTION . 728.20 Public libraries —— prohibition 4 on material harmful to minors. 5 1. A public library shall not do any of the following: 6 a. (1) Disseminate material harmful to minors to a minor 7 unless the library has obtained parental consent authorizing 8 the minor’s access to the material harmful to minors. 9 (2) A public library shall maintain parental consent in the 10 public library’s records for as long as the parental consent 11 remains valid. 12 b. Assist a minor in circumventing the requirement to obtain 13 parental consent prior to accessing material harmful to minors. 14 c. Encourage or advise a minor to access material harmful to 15 minors without parental consent. 16 d. Discourage a parent from exercising the parent’s right to 17 grant or revoke parental consent. 18 e. Provide false or misleading information to a parent 19 regarding the parent’s rights or the library’s obligations 20 under this section. 21 f. Retaliate against a parent or patron who exercises rights 22 under this section. 23 2. Before disseminating material harmful to minors, a 24 library shall verify that the individual attempting to obtain 25 material harmful to minors is any of the following: 26 a. An individual eighteen years of age or older. 27 b. A minor whose parent has provided parental consent to 28 access the material harmful to minors. 29 3. Parental consent shall be documented on a form prescribed 30 by the state librarian appointed under section 8A.204. The 31 parental consent form shall include all of the following: 32 a. The name of the minor. 33 b. The name and signature of the parent giving parental 34 consent. 35 -5- LSB 6801YH (4) 91 dg/jh 5/ 20

H.F. 2309 c. The parent’s relationship to the minor. 1 d. The date the parental consent was given. 2 e. Whether the parental consent is general authorization or 3 limited authorization. 4 f. An acknowledgment that the parent understands the nature 5 of material harmful to minors. 6 g. An acknowledgment that the parent understands the parent 7 may revoke parental consent at any time. 8 4. Parental consent shall be valid for a period of one 9 calendar year from the date of a parent’s signature on a 10 parental consent form unless the parent revokes the parental 11 consent earlier. 12 5. a. A minor shall be considered to have restricted access 13 until the minor obtains parental consent to access material 14 harmful to minors. 15 b. A library shall maintain a system to identify whether 16 a minor has restricted access or if the minor has parental 17 consent to access material harmful to minors. 18 Sec. 6. NEW SECTION . 728.21 Public libraries —— material 19 classification, shelving, and cataloging. 20 1. A public library shall review the materials in the public 21 library’s possession and classify the materials as one of the 22 following: 23 a. General access, if the material is suitable for all ages, 24 including minors without parental consent. 25 b. Harmful to minors, if the material is material harmful 26 to minors. 27 2. Material that is presumptively harmful material shall 28 be classified as harmful to minors unless the public library 29 documents, in writing, a determination that the material has 30 serious literary, artistic, political, or scientific value for 31 minors in a manner that is sufficient to rebut the presumption 32 that the material is material harmful to minors. 33 3. Classifications of a material shall be documented by 34 the public library and retained for a period of at least five 35 -6- LSB 6801YH (4) 91 dg/jh 6/ 20

H.F. 2309 consecutive calendar years. 1 4. Material classified as harmful to minors shall be shelved 2 as follows: 3 a. In the adult section of the public library. 4 b. Separate from sections of the public library designated 5 for children or young adults, or any section intended for or 6 accessible to minors without staff assistance. 7 c. Not displayed in a manner visible to minors browsing 8 age-appropriate sections of the public library. 9 5. An adult section of a public library shall meet all of 10 the following requirements: 11 a. The adult section shall be clearly designated and marked 12 as an adult section. 13 b. The adult section shall be separated from sections of the 14 public library designated for children or young adults. 15 c. The adult section shall be accessible to an individual 16 over eighteen years of age and to a minor with parental consent 17 on file that allows the minor to access the adult section. 18 6. A public library’s catalog system shall be configured to 19 do all of the following: 20 a. Identify material classified as harmful to minors. 21 b. Prevent a minor from placing holds on or checking out 22 materials the minor has not been given parental consent to 23 access. 24 c. Alert library staff when a minor without parental consent 25 attempts to access materials the minor has not been given 26 parental consent to access. 27 Sec. 7. NEW SECTION . 728.22 Request for reconsideration. 28 1. A parent of a minor patron of a public library may submit 29 a written request for reconsideration of any of the following: 30 a. A public library’s classification of specific material as 31 general access instead of harmful to minors. 32 b. A public library’s determination that specific material 33 has serious value for minors that is sufficient enough to rebut 34 the presumption the material is material harmful to minors. 35 -7- LSB 6801YH (4) 91 dg/jh 7/ 20

H.F. 2309 2. A public library shall establish a reconsideration 1 procedure that provides all of the following: 2 a. A form for submitting a reconsideration request. 3 b. A timeline for responding to a reconsideration request 4 that shall not exceed thirty calendar days. 5 c. A review of the reconsideration request by the public 6 library’s director or the public library director’s designee. 7 d. An opportunity for the parent submitting the 8 reconsideration request to present information in support of 9 the request. 10 e. A written decision relating to the reconsideration 11 request including reasons for the decision. 12 f. A procedure for how to appeal the public library’s 13 decision relating to the reconsideration request to the public 14 library’s board of trustees. 15 3. During the time a reconsideration request is under review 16 by a public library or the public library’s board of trustees, 17 the public library may, in its discretion, temporarily 18 reclassify the material subject to the reconsideration request 19 as harmful to minors. 20 4. A parent may appeal a public library’s decision for 21 a reconsideration request the parent submitted to the public 22 library’s board of trustees. 23 5. A public library board of trustees reviewing the appeal 24 of a public library’s decision for a reconsideration request 25 shall do all of the following: 26 a. Provide the parent an opportunity to address the board of 27 trustees at a public meeting. 28 b. Review the material subject to the reconsideration 29 request and the public library’s decision for the 30 reconsideration request. 31 c. Issue a written decision for the appeal within thirty 32 calendar days of the parent appealing the public library’s 33 decision. 34 6. A board of trustee’s decision under subsection 5 shall 35 -8- LSB 6801YH (4) 91 dg/jh 8/ 20

H.F. 2309 be final for purposes of administrative review but shall not 1 preclude a parent from seeking judicial review or pursuing 2 civil remedies under this chapter. 3 Sec. 8. NEW SECTION . 728.23 Civil remedies. 4 1. A parent of a minor may bring a civil action against a 5 public library, public library board of trustees, or library 6 employee who violates this chapter. 7 2. A court may award any combination of the following to a 8 prevailing plaintiff: 9 a. Civil damages of not less than one thousand dollars but 10 not more than ten thousand dollars. 11 b. Actual damages, including damages for emotional distress, 12 if the actual damages are greater than the damages that would 13 be awarded in paragraph “a” . 14 c. Injunctive relief. 15 d. Declaratory relief. 16 e. Reasonable attorney fees. 17 f. Punitive damages if the violation was willful or 18 reckless. 19 3. An action under this section must be brought within two 20 years of the date the parent knew or reasonably should have 21 known of the violation. 22 4. a. Sovereign immunity and governmental immunity are 23 waived for claims under this section. These waivers of 24 immunity only apply to claims under this subchapter and do not 25 constitute a general waiver of immunity. 26 b. A public library, public library board of trustees, 27 public library director, or public library employee shall not 28 assert sovereign immunity, governmental immunity, or qualified 29 immunity as a defense to a claim under this section. 30 5. A public library board of trustees shall be vicariously 31 liable for violations committed by a library employee acting 32 within the scope of the library employee’s employment. 33 6. A city or county operating a public library shall be 34 vicariously liable for violations committed by the public 35 -9- LSB 6801YH (4) 91 dg/jh 9/ 20

H.F. 2309 library, public library board of trustees, or public library 1 employees. 2 7. A library employee who willfully violates this chapter 3 may be held personally liable. 4 8. A library director who fails to implement policies and 5 procedures required by this chapter may be held personally 6 liable for resulting violations. 7 Sec. 9. NEW SECTION . 728.24 Criminal penalties. 8 1. A person commits a criminal offense if the person does 9 any of the following: 10 a. Willfully disseminates material harmful to minors to a 11 minor if the person knows that the minor does not have parental 12 consent to access the material harmful to minors. 13 b. Willfully assists a minor in circumventing the parental 14 consent requirements of this chapter with the intent to enable 15 the minor to access material harmful to minors. 16 c. Willfully provides false information to a parent to 17 prevent the parent from exercising rights under this chapter. 18 d. Willfully destroys, conceals, or falsifies records 19 required by this chapter with the intent to obstruct 20 enforcement of this chapter. 21 2. A first offense under this section is a serious 22 misdemeanor punishable by imprisonment of up to one year, a 23 fine not less than five hundred dollars but not more than two 24 thousand five hundred dollars, or both. 25 3. A second or subsequent offense under this section is an 26 aggravated misdemeanor, punishable by imprisonment of up to two 27 years, a fine not less than one thousand dollars but not more 28 than ten thousand dollars, or both. 29 4. If a public offense under this section involves a pattern 30 of disseminating material harmful to minors to multiple minors, 31 or if the offender holds a position of trust or authority over 32 minors, the offense shall be classified one level higher than 33 otherwise provided. 34 5. a. The county attorney of the county where a violation 35 -10- LSB 6801YH (4) 91 dg/jh 10/ 20

H.F. 2309 occurred shall have authority to prosecute violations under 1 this section. 2 b. The attorney general may prosecute a violation under 3 this section if a county attorney declines to prosecute the 4 violation or if the violation involves multiple counties. 5 6. A person may file a complaint with a county attorney 6 alleging a violation of this section. The county attorney 7 shall investigate and determine whether prosecution is 8 warranted. 9 Sec. 10. NEW SECTION . 728.25 Good-faith immunity. 10 1. A public library, library board of trustees, public 11 library director, or public library employee shall not be 12 liable under this chapter if all of the following apply: 13 a. For a public library, the public library has adopted and 14 implemented policies and procedures designed to comply with 15 this subchapter, and the public library has made a good-faith 16 effort to classify materials as required under section 728.21. 17 b. The person’s or entity’s violation of this chapter 18 resulted from an isolated error or mistake despite reasonable 19 efforts to comply with this subchapter. 20 c. Upon discovery of the violation, the person or entity 21 took prompt corrective action. 22 2. When determining whether a person or entity acted in good 23 faith, a court shall consider all of the following: 24 a. Whether the public library adopted written policies to 25 implement the requirements of this subchapter. 26 b. Whether the public library trained employees on the 27 requirements of this subchapter. 28 c. Whether the public library established a system for 29 classifying materials. 30 d. Whether the public library established a system for 31 tracking parental consent. 32 e. Whether the library responded appropriately to requests 33 for reconsideration. 34 f. The speed and adequacy of the person or entity’s response 35 -11- LSB 6801YH (4) 91 dg/jh 11/ 20

H.F. 2309 to a discovery of a violation. 1 3. Subsection 1 shall not apply to any of the following: 2 a. A willful violation. 3 b. A violation committed with reckless disregard for this 4 subchapter. 5 c. A violation that indicates systematic noncompliance with 6 this subchapter due to repeated violations. 7 d. A violation after having been notified of noncompliance 8 with this subchapter and failing to take corrective action. 9 Sec. 11. NEW SECTION . 728.26 State librarian annual report. 10 Beginning one calendar year after the effective date of this 11 Act, the state librarian appointed under section 8A.204 shall 12 submit an annual report to the general assembly that summarizes 13 all of the following: 14 1. The implementation of this subchapter by public 15 libraries. 16 2. The number of materials classified as harmful to minors 17 statewide. 18 3. The number of parental consent authorizations on file 19 with a public library. 20 4. The number of reconsideration requests filed within the 21 immediately preceding calendar year and the outcomes of the 22 reconsideration requests. 23 5. The enforcement actions or litigation initiated under 24 this subchapter within the immediately preceding calendar year. 25 6. Recommendations the state librarian has for legislative 26 improvements of this subchapter. 27 Sec. 12. Section 809A.17, subsection 5, paragraph c, Code 28 2026, is amended to read as follows: 29 c. Material in violation of chapter 728 , subchapter I, shall 30 be destroyed. 31 Sec. 13. INTERPRETATION OF ACT. 32 1. This Act shall be liberally construed to effectuate the 33 Act’s purpose of protecting minors from material harmful to 34 minors. 35 -12- LSB 6801YH (4) 91 dg/jh 12/ 20

H.F. 2309 2. This Act shall be construed to support the fundamental 1 right of a parent to direct the upbringing of the parent’s 2 child, including decisions related to the child’s exposure to 3 sexually explicit material. 4 3. This Act shall not be construed to restrict adult access 5 to any public library materials. Adults shall retain full 6 access to all public library materials without restriction. 7 4. This Act shall not be construed to incorporate, adopt, or 8 give legal effect to any policy, recommendation, or guidance of 9 the American library association. 10 5. This Act shall be interpreted to occupy the maximum 11 constitutional space permitted by Ginsberg v. New York, 390 12 U.S. 629 (1968), and subsequent precedents. If any provision 13 of this Act is found to exceed constitutional limits, a 14 court is directed to interpret the provisions exceeding 15 constitutional limits narrowly to preserve constitutionality 16 rather than invalidating the provision. 17 Sec. 14. DEPARTMENT OF ADMINISTRATIVE SERVICES —— STATE 18 LIBRARIAN GUIDANCE. 19 1. Within sixty calendar days of the effective date of this 20 Act, the state librarian appointed under section 8A.204 shall 21 issue guidance to each public library as that term is defined 22 in section 728.1, relating to all of the following: 23 a. The public library’s requirements under this Act. 24 b. The meaning of material harmful to minors as defined in 25 section 728.1 and how to identify material harmful to minors. 26 c. The classification process and how to document progress 27 toward meeting the requirements of section 728.21. 28 d. The parental consent process. The state librarian shall 29 also prescribe forms for a public library to use when obtaining 30 parental consent. 31 e. Shelving and catalog system requirements. 32 f. The reconsideration process. 33 g. How to show good-faith compliance with sections 728.20 34 through 728.22. 35 -13- LSB 6801YH (4) 91 dg/jh 13/ 20

H.F. 2309 h. The legal framework under Ginsberg v. New York, 390 U.S. 1 629 (1968), and other relevant precedent. 2 i. Clarification that American library association policies 3 are not law and do not supersede state law. 4 2. The state librarian shall develop and distribute model 5 policies and forms to public libraries. The model policies and 6 forms shall include all of the following: 7 a. A model classification policy. 8 b. A model parental consent form. 9 c. A model reconsideration request form. 10 d. Model procedures for when a public library receives a 11 reconsideration request. 12 e. A model employee training curriculum. 13 3. The state librarian shall offer training to public 14 library directors, public library boards of trustees, and 15 public library employees on the requirements of sections 728.20 16 through 728.22. The training shall be made available to public 17 library directors, public library boards of trustees, and 18 public library employees within ninety calendar days of the 19 effective date of this Act. 20 Sec. 15. CODE EDITOR DIRECTIVE. The Code editor is directed 21 to create a new subchapter II in chapter 728 consisting of 22 sections 728.20 through 728.26 and title the new subchapter 23 “materials harmful to minors”. 24 Sec. 16. EFFECTIVE DATE. This Act, being deemed of 25 immediate importance, takes effect upon enactment. 26 Sec. 17. APPLICABILITY. The following apply ninety days 27 after the effective date of this Act: 28 The sections of this Act enacting sections 728.20, 728.21, 29 and 728.22. 30 Sec. 18. APPLICABILITY. The following apply one hundred 31 eighty days after the effective date of this Act: 32 The sections of this Act enacting sections 728.23, 728.24, 33 and 728.25. 34 EXPLANATION 35 -14- LSB 6801YH (4) 91 dg/jh 14/ 20

H.F. 2309 The inclusion of this explanation does not constitute agreement with 1 the explanation’s substance by the members of the general assembly. 2 This bill relates to public library requirements for 3 materials harmful to minors. 4 The bill defines “adult section”, “disseminate”, “library 5 employee”, “material harmful to minors”, “parent”, “parental 6 consent”, “presumptively harmful material”, “public library”, 7 “restricted access”, and “sexual contact”. 8 The bill eliminates an exemption to Code chapter 728 9 (obscenity) for use of appropriate material for education 10 purposes by a public library program in which a minor is 11 participating. 12 The bill prohibits a public library from disseminating 13 material harmful to minors to a minor unless the library has 14 obtained parental consent authorizing the minor’s access to 15 the material harmful to minors. The bill requires the public 16 library to maintain parental consent in the public library’s 17 records for as long as the parental consent remains valid. 18 The bill prohibits a public library from performing certain 19 acts related to allowing a minor access to material harmful 20 to minors, informing parents of the parent’s rights under the 21 bill, and retaliating against a parent or patron who exercises 22 rights under the bill. 23 The bill requires a public library to verify that an 24 individual attempting to obtain material harmful to minors is 25 an individual 18 years of age or older or a minor whose parent 26 has provided parental consent to access material harmful to 27 minors prior to disseminating material harmful to minors. 28 The bill details what a parental consent form from a public 29 library must contain. Parental consent is valid for a period 30 of one calendar year from the date of a parent’s signature on a 31 parental consent form unless the parent revokes the parental 32 consent earlier. A minor is considered to have restricted 33 access to material harmful to minors until the minor obtains 34 parental consent to access the material. The library must 35 -15- LSB 6801YH (4) 91 dg/jh 15/ 20

H.F. 2309 maintain a system to identify whether a minor has restricted 1 access or if the minor has parental consent to access material 2 harmful to minors. 3 The bill requires a public library to review the materials in 4 the public library’s possession and classify the materials as 5 general access or harmful to minors. 6 The bill requires material that is presumptively harmful 7 material to be classified as harmful to minors unless the 8 public library documents, in writing, a determination that 9 the material has serious literary, artistic, political, or 10 scientific value for minors in a manner that is sufficient to 11 rebut the presumption that the material is material harmful to 12 minors. 13 The bill requires classifications of a material to be 14 documented by the public library and retained for a period of 15 at least five consecutive calendar years. 16 The bill requires material classified as harmful to minors 17 to be shelved in a public library as detailed in the bill. 18 The bill requires an adult section of a public library to 19 meet certain specifications as detailed in the bill. 20 The bill requires a public library’s catalog system to 21 identify material classified as harmful to minors, prevent 22 a minor from placing holds on or checking out materials the 23 minor has not been given parental consent to access, and alert 24 library staff when a minor without parental consent attempts to 25 access materials the minor has not been given parental consent 26 to access. 27 The bill allows a parent of a minor patron of a public 28 library to submit a written request for reconsideration of a 29 public library’s classification of specific material as general 30 access instead of harmful to minors, or a public library’s 31 determination that specific material has serious value for 32 minors that is sufficient enough to rebut the presumption the 33 material is material harmful to minors. 34 The bill requires a public library to establish a 35 -16- LSB 6801YH (4) 91 dg/jh 16/ 20

H.F. 2309 reconsideration procedure as described in the bill. During 1 the time a reconsideration request is under review by a 2 public library or the public library’s board of trustees, the 3 bill allows the public library to temporarily reclassify the 4 material subject to the reconsideration request as harmful to 5 minors. A parent may appeal a public library’s decision for 6 a reconsideration request the parent submitted to the public 7 library’s board of trustees. The bill requires a public 8 library board of trustees reviewing the appeal of a public 9 library’s decision for a reconsideration request to perform 10 certain actions as detailed in the bill. A board of trustees’ 11 decision shall be final for purposes of administrative review 12 but shall not preclude a parent from seeking judicial review or 13 pursuing civil remedies under the bill. 14 The bill allows a parent of a minor to bring a civil action 15 against a public library, public library board of trustees, 16 or library employee who violates the bill. A court may award 17 any combination of civil damages of not less than $1,000 but 18 not more than $10,000; actual damages, including damages for 19 emotional distress, if the actual damages are greater than 20 the civil damages that would otherwise be awarded; injunctive 21 relief; declaratory relief; reasonable attorney fees; and 22 punitive damages if the violation was willful or reckless. An 23 action for civil damages under the bill must be brought within 24 two years of the date the parent knew or reasonably should have 25 known of the violation. The bill waives sovereign immunity and 26 governmental immunity for civil claims under the bill. These 27 waivers of immunity only apply to claims under the bill and do 28 not constitute a general waiver of immunity. A public library, 29 public library board of trustees, public library director, or 30 public library employee may not assert sovereign immunity, 31 governmental immunity, or qualified immunity as a defense to 32 a civil claim under the bill. 33 The bill makes a public library board of trustees 34 vicariously liable for violations committed by a library 35 -17- LSB 6801YH (4) 91 dg/jh 17/ 20

H.F. 2309 employee acting within the scope of the library employee’s 1 employment, and a city or county operating a public library 2 vicariously liable for violations committed by the public 3 library, public library board of trustees, or public library 4 employees. The bill allows a person to hold a library employee 5 who willfully violates the bill personally liable. 6 The bill allows a library director who fails to implement 7 policies and procedures required by the bill to be held 8 personally liable for resulting violations. 9 The bill makes it a criminal offense for a person to 10 willfully disseminate material harmful to minors to a minor if 11 the person knows that the minor does not have parental consent 12 to access the material harmful to minors; willfully assists a 13 minor in circumventing the parental consent requirements of the 14 bill with the intent to enable the minor to access material 15 harmful to minors; willfully provides false information to a 16 parent to prevent the parent from exercising rights under the 17 bill; or willfully destroys, conceals, or falsifies records 18 required by the bill with the intent to obstruct enforcement of 19 the bill. A first offense is a serious misdemeanor punishable 20 by imprisonment of up to one year, a fine not less than $500 but 21 not more than $2,500, or both. A second or subsequent offense 22 is an aggravated misdemeanor, punishable by imprisonment of 23 up to two years, a fine not less than $1,000 but not more 24 than $10,000, or both. If a public offense under the bill 25 involves a pattern of disseminating material harmful to minors 26 to multiple minors, or if the offender holds a position of 27 trust or authority over minors, the offense shall be classified 28 one level higher than otherwise provided. The county attorney 29 of the county where a violation occurred shall have authority 30 to prosecute violations under the bill. The attorney general 31 may prosecute a violation under the bill if a county attorney 32 declines to prosecute the violation or if the violation 33 involves multiple counties. The bill allows a person to file a 34 complaint with a county attorney alleging a violation of the 35 -18- LSB 6801YH (4) 91 dg/jh 18/ 20

H.F. 2309 bill. The county attorney shall investigate and determine 1 whether prosecution is warranted. 2 The bill creates a means of asserting good-faith immunity as 3 detailed in the bill. 4 Beginning one calendar year after the date of the bill’s 5 enactment, the bill requires the state librarian to submit 6 an annual report to the general assembly that summarizes the 7 implementation of the bill by public libraries; the number 8 of materials classified as harmful to minors statewide; the 9 number of parental consent authorizations on file with a public 10 library; the number of reconsideration requests filed within 11 the immediately preceding calendar year and the outcomes of the 12 reconsideration requests; the enforcement actions or litigation 13 initiated under the bill within the immediately preceding 14 calendar year; and recommendations the state librarian has for 15 legislative improvements of the bill’s provisions. 16 The bill details several factors for how the bill shall be 17 interpreted. 18 The bill requires the state librarian to issue guidance 19 relating to the bill’s requirements to each public library as 20 detailed in the bill within 60 calendar days of the bill’s 21 effective date; to develop and distribute model policies and 22 forms to public libraries as detailed in the bill; and to 23 offer training to public library directors, public library 24 boards of trustees, and public library employees on the bill’s 25 requirements within 90 calendar days of the bill’s effective 26 date. 27 The bill makes a conforming change to Code sections 22.7 and 28 809A.17. 29 The sections of the bill enacting Code sections 728.20, 30 728.21, and 728.22 become applicable 90 days after the bill’s 31 effective date. 32 The sections of the bill enacting Code sections 728.23, 33 728.24, and 728.25 become applicable 180 days after the bill’s 34 effective date. 35 -19- LSB 6801YH (4) 91 dg/jh 19/ 20