Read the full stored bill text
House
File
2309
-
Introduced
HOUSE
FILE
2309
BY
THOMSON
A
BILL
FOR
An
Act
relating
to
public
library
requirements
for
materials
1
harmful
to
minors,
and
providing
civil
and
criminal
2
penalties,
and
including
effective
date
and
applicability
3
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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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,
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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:
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(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.
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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
.
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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.
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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The
bill
takes
effect
upon
enactment.
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