Senate File 181 - Introduced SENATE FILE 181 BY ALONS A BILL FOR An Act establishing requirements related to electronic 1 resources provided by postsecondary schools, public 2 libraries, schools, and state agencies to students enrolled 3 in kindergarten through grade twelve, providing penalties, 4 and including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1924XS (4) 91 jda/jh
S.F. 181 Section 1. NEW SECTION . 256J.1 Electronic resources 1 provided to students —— requirements. 2 1. As used in this section: 3 a. “Educational receiver” means all of the following: 4 (1) A postsecondary school. 5 (2) A public library. 6 (3) A school. 7 (4) A state agency. 8 b. “Electronic resource” means digital database resources, 9 internet-based database resources, digital instructional 10 materials, digital instructional subscriptions, internet-based 11 instructional materials, and internet-based instructional 12 subscriptions. 13 c. “Obscene material” means the same as defined in section 14 728.1. 15 d. “Postsecondary school” means all of the following: 16 (1) A community college established under chapter 260C. 17 (2) An institution of higher education under the state board 18 of regents. 19 (3) An accredited private institution as defined in section 20 256.183. 21 e. “Provider” means a person, vendor, or any other entity 22 that provides electronic resources, including free electronic 23 resources, to an educational receiver. 24 f. “Public library” means all of the following: 25 (1) A library established by city ordinance. 26 (2) A library district as provided in chapter 336. 27 g. “School” means all of the following: 28 (1) A school district organized pursuant to chapter 274. 29 (2) A nonpublic school as defined in section 280.2. 30 (3) A charter school established pursuant to chapter 256E. 31 (4) A charter school or innovation zone school established 32 pursuant to chapter 256F. 33 h. “State agency” means any executive, judicial, or 34 legislative department, commission, board, institution, 35 -1- LSB 1924XS (4) 91 jda/jh 1/ 6
S.F. 181 division, bureau, office, agency, or other entity of state 1 government. 2 i. “Visual depiction of a minor” means the same as defined 3 in section 728.12. 4 2. An educational receiver shall not offer an electronic 5 resource to a student enrolled in kindergarten through grade 6 twelve, including a free electronic resource, unless the 7 educational receiver has entered into a written agreement with 8 the provider related to the electronic resource that states 9 that the provider agrees that the electronic resource has 10 safety policies and technological protection measures that 11 satisfy all of the following requirements: 12 a. The safety policies and technological protection measures 13 prohibit a user of the electronic resource from sending, 14 receiving, viewing, uploading, or downloading materials that 15 constitute any of the following: 16 (1) Obscene materials. 17 (2) A visual depiction of a minor engaging in a prohibited 18 sexual act or the simulation of a prohibited sexual act. 19 b. The safety policies and technology protection measures 20 filter or block access to all of the following: 21 (1) Obscene materials. 22 (2) A visual depiction of a minor engaging in a prohibited 23 sexual act or the simulation of a prohibited sexual act. 24 c. The safety policies and technology protection measures 25 comply with the federal Children’s Internet Protection Act, 26 Pub. L. No. 106-554. 27 d. The safety policies and technology protection measures 28 comply with 18 U.S.C. §1460 1470. 29 e. The safety policies and technology protection measures 30 comply with 18 U.S.C. §2252B 2252C. 31 3. a. (1) Within fourteen days after the execution of 32 the written agreement described in subsection 2, the provider 33 shall certify to the educational receiver that the electronic 34 resource’s safety policies and technology protection measures 35 -2- LSB 1924XS (4) 91 jda/jh 2/ 6
S.F. 181 satisfy all of the requirements described in subsection 2. 1 (2) If the provider fails to certify to the educational 2 receiver that the electronic resource’s safety policies and 3 technology protection measures satisfy all of the requirements 4 described in subsection 2, such failure shall be deemed a 5 breach of the written agreement, and the educational receiver 6 shall immediately terminate the written agreement. 7 b. If, at any point fifteen or more days after the execution 8 of the written agreement described in subsection 2, the 9 electronic resource’s safety policies and technology protection 10 measures do not satisfy any of the requirements described in 11 subsection 2, the educational receiver shall withhold any 12 payments due to the provider under the written agreement 13 until the provider certifies to the educational receiver that 14 the electronic resource’s safety policies and technology 15 protection measures satisfy all of the requirements described 16 in subsection 2. 17 4. a. A provider that has entered into a written agreement 18 with an educational receiver related to an electronic resource 19 shall, annually on or before June 30, provide a report to the 20 educational receiver that describes any issues the contractor 21 experienced related to the ability of the electronic resource’s 22 safety policies and technological protection measures to comply 23 with the requirements of subsection 2. 24 b. The educational receiver shall provide the department 25 of education with a copy of each report provided to the 26 educational receiver under paragraph “a” . 27 5. If any person believes that an electronic resource’s 28 safety policies and technology protection measures do not 29 satisfy any of the requirements described in subsection 2, 30 or that an educational receiver is not complying with the 31 requirements of this section, the person may notify the 32 attorney general of the potential violation. The attorney 33 general may bring a civil action for injunctive relief against 34 the educational receiver to require the educational receiver 35 -3- LSB 1924XS (4) 91 jda/jh 3/ 6
S.F. 181 to comply with the requirements of this section. If the 1 attorney general is the prevailing party, the court shall 2 award reasonable court costs and attorney fees to the attorney 3 general. 4 Sec. 2. Section 709.15, subsection 1, Code 2025, is amended 5 by adding the following new paragraphs: 6 NEW PARAGRAPH . 0c. “Educational receiver” means the same 7 as defined in section 256J.1. 8 NEW PARAGRAPH . 00c. “Electronic resource” means the same 9 as defined in section 256J.1. 10 NEW PARAGRAPH . 0g. “Provider” means the same as defined in 11 section 256J.1. 12 Sec. 3. Section 709.15, Code 2025, is amended by adding the 13 following new subsections: 14 NEW SUBSECTION . 4A. Sexual exploitation by an employee 15 of an educational receiver occurs when a court finds that the 16 employee offered an electronic resource to a student enrolled 17 in kindergarten through grade twelve when the educational 18 receiver had not entered into a written agreement with a 19 provider related to the electronic resource that satisfies the 20 requirements established in section 256J.1, subsection 2. 21 NEW SUBSECTION . 8. An employee of an education receiver 22 who commits sexual exploitation in violation of subsection 4A 23 commits an aggravated misdemeanor. In lieu of the sentence 24 provided for under section 903.1, subsection 2, the offender 25 may be required to attend a sexual abuser treatment program. 26 Sec. 4. EFFECTIVE DATE. This Act takes effect January 1, 27 2026. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill establishes requirements related to electronic 32 resources provided by postsecondary schools, public 33 libraries, schools, and state agencies to students enrolled in 34 kindergarten through grade 12. 35 -4- LSB 1924XS (4) 91 jda/jh 4/ 6
S.F. 181 The bill defines “educational receiver” to include 1 postsecondary school, public libraries, schools, and state 2 agencies. The bill defines “electronic resource” as digital 3 database resources, internet-based database resources, digital 4 instructional materials, digital instructional subscriptions, 5 internet-based instructional materials, and internet-based 6 instructional subscriptions. The bill defines “provider” 7 to mean a person, vendor, or any other entity that provides 8 electronic resources, including free electronic resources, 9 to an educational receiver. The bill also defines “obscene 10 material”, “postsecondary school”, “public library”, “school”, 11 “state agency”, and “visual depiction of a minor”. 12 The bill prohibits an educational receiver from offering 13 an electronic resource to a student enrolled in kindergarten 14 through grade 12, including a free electronic resource, unless 15 the educational receiver has entered into a written agreement 16 with the provider related to the electronic resource that 17 states that the provider agrees that the electronic resource 18 has safety policies and technological protection measures that 19 satisfy the requirements established in the bill. 20 The bill provides that, within 14 days after the execution of 21 the written agreement, the provider is required to certify to 22 the educational receiver that the electronic resource’s safety 23 policies and technology protection measures satisfy all of the 24 requirements established in the bill. If the provider fails 25 to make this certification, such failure is deemed a breach of 26 the written agreement, and the educational receiver is required 27 to immediately terminate the written agreement. The bill 28 also provides that if, at any point 15 or more days after the 29 execution of the written agreement, the electronic resource’s 30 safety policies and technology protection measures do not 31 satisfy any of the requirements established in the bill, the 32 educational receiver is required to withhold any payments due 33 to the provider until the provider certifies to the educational 34 receiver that the electronic resource’s safety policies and 35 -5- LSB 1924XS (4) 91 jda/jh 5/ 6
S.F. 181 technology protection measures satisfy all of the requirements 1 established in the bill. 2 The bill requires a provider to, annually on or before June 3 30, provide a report to the educational receiver that describes 4 any issues the contractor experienced related to the ability 5 of the electronic resource’s safety policies and technological 6 protection measures to comply with the requirements established 7 in the bill. The educational receiver is required to provide 8 the department of education with a copy of such report. 9 The bill allows any person who believes that an electronic 10 resource’s safety policies and technology protection measures 11 do not satisfy the requirements established in the bill, or 12 that an educational receiver is otherwise not complying with 13 the bill’s requirements, to notify the attorney general of the 14 potential violation. The bill allows the attorney general 15 to bring a civil action for injunctive relief against the 16 educational receiver to require the educational receiver to 17 comply with the bill’s requirements. If the attorney general 18 is the prevailing party in the civil action, the court is 19 required to award reasonable court costs and attorney fees to 20 the attorney general. 21 The bill establishes that sexual exploitation by an employee 22 of an educational receiver occurs when a court finds that 23 the employee offered an electronic resource to a student 24 enrolled in kindergarten through grade 12 when the educational 25 receiver had not entered into a written agreement with a 26 provider related to the electronic resource that satisfies 27 the requirements established in the bill. The bill provides 28 that such an employee commits an aggravated misdemeanor. An 29 aggravated misdemeanor is punishable by confinement for no 30 more than two years and a fine of at least $855 but not more 31 than $8,540. In lieu of the sentence provided for under Code 32 section 903.1(2), the offender may be required to attend a 33 sexual abuser treatment program. 34 The bill takes effect January 1, 2026. 35 -6- LSB 1924XS (4) 91 jda/jh 6/ 6