Print
House File 185 - IntroducedA Bill ForAn Act 1relating to the exposure of minors to, and the
2participation of minors in, inappropriate programming
3at public libraries and public elementary and secondary
4schools, and providing penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 728.7, Code 2021, is amended to read as
2follows:
3728.7 Exemptions for public libraries and educational
4institutions.
51. Nothing in this chapter prohibits the use of appropriate
6material for educational purposes in any accredited school, or
7any public library, or in any appropriate educational program
8in which the minor is participating. Nothing in this chapter
9prohibits the attendance of minors at an appropriate exhibition
10or display of art works or the use of any appropriate materials
11in any public library.
122. For purposes of this section, “appropriate” means the
13material adheres to or is consistent with community standards
14of decency with respect to what is suitable for minors to view,
15be exposed to, or participate in viewing; the material does not
16appeal to the prurient interest for minors; the material is
17not patently offensive for minors; or the material has serious
18literary, scientific, political, or artistic value for minors.
19 Sec. 2. NEW SECTION. 728.7A Exposing a minor to
20inappropriate programming — penalties.
211. As used in this section:
22a. “Inappropriate” means violating community standards of
23decency with respect to what is suitable for minors to view,
24be exposed to, or participate in; appealing to the prurient
25interest for minors; is patently offensive for minors; or
26lacking serious literary, scientific, political, or artistic
27value for minors.
28b. “Programming” means a live event, in person or
29given remotely, including presentations, performances, and
30instructional activities.
312. Public libraries and elementary and secondary schools
32shall not knowingly allow a minor to be exposed to or
33participate in inappropriate programming. A public library
34or elementary or secondary school employee, including an
35employee or board member of a public library or elementary or
-1-1secondary school acting in a supervisory role who approves of
2and facilitates inappropriate programming, or who knowingly
3allows a minor to be exposed to or participate in inappropriate
4programming shall, upon conviction, be guilty of an aggravated
5misdemeanor.
63. A library or public elementary or secondary school
7that knowingly allows a minor to be exposed to or participate
8in inappropriate programming shall be liable for a civil
9penalty of seventy-five thousand dollars, which penalty
10may be recovered in a court of competent jurisdiction by an
11aggrieved parent or guardian of a minor who was exposed to
12the inappropriate programming. The prevailing party shall be
13awarded reasonable attorney fees and court costs.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill relates to the exposure of minors to, and the
18participation of minors in, inappropriate programming at public
19libraries and public elementary and secondary schools.
20Under current law, there is no prohibition on the attendance
21of minors at an exhibition or display of art works or the use
22of any materials in any public library. The bill specifies
23accredited schools and public libraries are not prohibited from
24allowing minors to participate in an appropriate exhibition or
25display of art works or the use of any appropriate materials
26in any public library. The bill prohibits public libraries
27and elementary and secondary schools from knowingly allowing
28a minor to be exposed to or participate in inappropriate
29programming. “Appropriate” and “inappropriate” are defined in
30the bill.
31 A public library or elementary or secondary school
32employee, including an employee or board member of a public
33library or elementary or secondary school acting in a
34supervisory role who approves and facilitates inappropriate
35programming, or who knowingly allows a minor to be exposed
-2-1to or participate in inappropriate programming shall, upon
2conviction, be guilty of an aggravated misdemeanor. An
3aggravated misdemeanor is punishable by confinement for no more
4than two years and a fine of at least $855 but not more than
5$8,540.
6A public library or elementary or secondary school that
7knowingly allows a minor to be exposed to or participate
8in inappropriate programming shall be liable for a civil
9penalty of $75,000, which penalty may be recovered by an
10aggrieved parent or guardian of a minor who was exposed to
11the inappropriate programming. The prevailing party shall be
12awarded reasonable attorney fees and court costs.
-3-as/rh
2participation of minors in, inappropriate programming
3at public libraries and public elementary and secondary
4schools, and providing penalties.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 728.7, Code 2021, is amended to read as
2follows:
3728.7 Exemptions for public libraries and educational
4institutions.
51. Nothing in this chapter prohibits the use of appropriate
6material for educational purposes in any accredited school, or
7any public library, or in any appropriate educational program
8in which the minor is participating. Nothing in this chapter
9prohibits the attendance of minors at an appropriate exhibition
10or display of art works or the use of any appropriate materials
11in any public library.
122. For purposes of this section, “appropriate” means the
13material adheres to or is consistent with community standards
14of decency with respect to what is suitable for minors to view,
15be exposed to, or participate in viewing; the material does not
16appeal to the prurient interest for minors; the material is
17not patently offensive for minors; or the material has serious
18literary, scientific, political, or artistic value for minors.
19 Sec. 2. NEW SECTION. 728.7A Exposing a minor to
20inappropriate programming — penalties.
211. As used in this section:
22a. “Inappropriate” means violating community standards of
23decency with respect to what is suitable for minors to view,
24be exposed to, or participate in; appealing to the prurient
25interest for minors; is patently offensive for minors; or
26lacking serious literary, scientific, political, or artistic
27value for minors.
28b. “Programming” means a live event, in person or
29given remotely, including presentations, performances, and
30instructional activities.
312. Public libraries and elementary and secondary schools
32shall not knowingly allow a minor to be exposed to or
33participate in inappropriate programming. A public library
34or elementary or secondary school employee, including an
35employee or board member of a public library or elementary or
-1-1secondary school acting in a supervisory role who approves of
2and facilitates inappropriate programming, or who knowingly
3allows a minor to be exposed to or participate in inappropriate
4programming shall, upon conviction, be guilty of an aggravated
5misdemeanor.
63. A library or public elementary or secondary school
7that knowingly allows a minor to be exposed to or participate
8in inappropriate programming shall be liable for a civil
9penalty of seventy-five thousand dollars, which penalty
10may be recovered in a court of competent jurisdiction by an
11aggrieved parent or guardian of a minor who was exposed to
12the inappropriate programming. The prevailing party shall be
13awarded reasonable attorney fees and court costs.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill relates to the exposure of minors to, and the
18participation of minors in, inappropriate programming at public
19libraries and public elementary and secondary schools.
20Under current law, there is no prohibition on the attendance
21of minors at an exhibition or display of art works or the use
22of any materials in any public library. The bill specifies
23accredited schools and public libraries are not prohibited from
24allowing minors to participate in an appropriate exhibition or
25display of art works or the use of any appropriate materials
26in any public library. The bill prohibits public libraries
27and elementary and secondary schools from knowingly allowing
28a minor to be exposed to or participate in inappropriate
29programming. “Appropriate” and “inappropriate” are defined in
30the bill.
31 A public library or elementary or secondary school
32employee, including an employee or board member of a public
33library or elementary or secondary school acting in a
34supervisory role who approves and facilitates inappropriate
35programming, or who knowingly allows a minor to be exposed
-2-1to or participate in inappropriate programming shall, upon
2conviction, be guilty of an aggravated misdemeanor. An
3aggravated misdemeanor is punishable by confinement for no more
4than two years and a fine of at least $855 but not more than
5$8,540.
6A public library or elementary or secondary school that
7knowingly allows a minor to be exposed to or participate
8in inappropriate programming shall be liable for a civil
9penalty of $75,000, which penalty may be recovered by an
10aggrieved parent or guardian of a minor who was exposed to
11the inappropriate programming. The prevailing party shall be
12awarded reasonable attorney fees and court costs.
-3-as/rh