SF 181 (LSB 1924XS (4) 91)

SENATE FILE 181

BY  ALONS

A BILL FOR

An Act establishing requirements related to electronic resources provided by postsecondary schools, public libraries, schools, and state agencies to students enrolled in kindergarten through grade twelve, providing penalties, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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