Read the full stored bill text
House
File
558
-
Introduced
HOUSE
FILE
558
BY
HAYES
A
BILL
FOR
An
Act
prohibiting
certain
materials
in
public
libraries
1
in
counties
and
cities,
authorizing
civil
actions,
and
2
providing
civil
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1512YH
(1)
91
ll/js
H.F.
558
Section
1.
Section
336.8,
subsection
5,
Code
2025,
is
1
amended
to
read
as
follows:
2
5.
a.
To
authorize
the
librarian
to
select
and
make
3
purchases
of
books,
magazines,
periodicals,
papers,
maps,
4
journals,
furniture,
fixtures,
technology,
and
supplies
for
5
the
library
district.
However,
the
librarian
shall
not
select
6
or
make
purchases
of
any
materials
with
descriptions
or
visual
7
depictions
of
a
sex
act
as
defined
in
section
702.17
for
the
8
library
district.
9
b.
A
public
librarian
shall
not
knowingly
provide
obscene
10
material
to
a
minor
in
a
library.
11
c.
A
public
librarian
shall
not
knowingly
provide
hard-core
12
pornography
to
a
minor
in
a
library.
13
d.
A
parent
or
guardian
of
a
minor
alleging
a
violation
14
of
paragraph
“b”
or
“c”
by
a
librarian
may
file
a
complaint
15
with
the
board.
If
thirty
days
have
passed
and
the
librarian
16
continues
to
violate
paragraph
“b”
or
“c”
,
the
parent
or
17
guardian
may
file
a
complaint
with
a
participating
city
18
council,
a
participating
board
of
supervisors,
or
both.
19
e.
If
complaints
have
been
filed
in
accordance
with
20
paragraph
“d”
and
a
librarian
continues
to
violate
paragraph
“b”
21
or
“c”
,
a
parent
or
guardian
of
a
minor
alleging
a
violation
of
22
paragraph
“b”
or
“c”
by
a
librarian
may
bring
a
civil
action
for
23
damages
and
injunctive
relief
against
the
counties
or
cities
24
that
have
formed
a
library
district
that
employs
the
librarian
25
to
prohibit
the
librarian
from
continuing
such
violation.
26
f.
If
a
parent
or
guardian
is
the
prevailing
party
in
a
27
civil
action
instituted
pursuant
to
paragraph
“e”
,
all
of
the
28
following
shall
apply:
29
(1)
The
court
shall
award
reasonable
attorney
fees
to
the
30
parent
or
guardian.
31
(2)
The
court
shall
assess
a
civil
penalty
against
the
32
counties
or
cities
that
have
formed
a
library
district
that
33
employs
the
librarian
of
not
less
than
five
thousand
dollars
34
plus
an
additional
five
hundred
dollars
per
day
for
each
day
35
-1-
LSB
1512YH
(1)
91
ll/js
1/
7
H.F.
558
a
violation
occurs
during
the
pendency
of
the
civil
action.
1
However,
the
court
shall
not
assess
the
additional
civil
2
penalty
provided
in
this
subparagraph
if
the
counties
or
3
cities
that
have
formed
a
library
district
that
employs
the
4
librarian
remove
the
obscene
material
from
the
library
during
5
the
pendency
of
the
civil
action.
Moneys
collected
from
the
6
assessment
of
the
civil
penalty
provided
in
this
subparagraph
7
shall
be
remitted
to
the
treasurer
of
state
for
deposit
in
the
8
general
fund
of
the
state.
9
(3)
In
the
case
of
a
violation
of
paragraph
“b”
,
the
court
10
shall
order
the
counties
or
cities
that
have
formed
a
library
11
district
that
employs
the
librarian
to
pay
not
less
than
ten
12
thousand
dollars
in
damages
to
the
parent
or
guardian.
13
(4)
In
the
case
of
a
violation
of
paragraph
“c”
,
the
court
14
shall
order
the
counties
or
cities
that
have
formed
a
library
15
district
that
employs
the
librarian
to
pay
not
less
than
twenty
16
thousand
dollars
in
damages
to
the
parent
or
guardian.
17
(5)
The
clerk
of
court
shall
send
a
copy
of
the
court’s
18
order
issued
as
a
result
of
a
complaint
instituted
pursuant
to
19
paragraph
“e”
and
a
copy
of
this
section
by
restricted
certified
20
mail,
return
receipt
requested,
to
the
attorney
general
and
the
21
county
attorneys
of
the
counties
or
cities
that
have
formed
a
22
library
district
that
employs
the
librarian
that
has
violated
23
paragraph
“b”
or
“c”
.
24
g.
A
parent
or
guardian
who
was
the
prevailing
party
in
a
25
civil
action
instituted
pursuant
to
paragraph
“e”
may
bring
a
26
civil
action
for
damages
against
the
counties
or
cities
that
27
have
formed
a
library
district
that
employs
the
librarian
28
if
the
librarian
violates
an
injunction
issued
pursuant
to
29
paragraph
“e”
.
Damages
awarded
pursuant
to
this
paragraph
shall
30
include
all
of
the
following:
31
(1)
Actual
damages
for
injuries
resulting
from
the
32
librarian’s
initial
violation
of
paragraph
“b”
or
“c”
and
the
33
librarian’s
violation
of
the
injunction.
34
(2)
A
penalty
in
an
amount
determined
by
the
court,
but
35
-2-
LSB
1512YH
(1)
91
ll/js
2/
7
H.F.
558
not
less
than
twenty
thousand
dollars
plus
an
additional
one
1
thousand
dollars
per
day
for
each
day
the
librarian’s
violation
2
of
the
injunction
continues.
3
h.
A
county
attorney
or
the
attorney
general
may
institute
4
civil
actions
to
enforce
the
provisions
of
this
subsection.
5
A
county
attorney’s
or
the
attorney
general’s
receipt
of
a
6
copy
of
a
court’s
injunctive
order
provided
by
the
clerk
of
7
court
issued
as
a
result
of
a
complaint
instituted
pursuant
8
to
paragraph
“e”
,
along
with
subsequent
information
that
a
9
violation
of
paragraph
“b”
or
“c”
is
continuing
to
occur,
shall
10
constitute
probable
cause
that
a
violation
of
paragraph
“b”
or
11
“c”
has
occurred.
12
Sec.
2.
Section
364.3,
Code
2025,
is
amended
by
adding
the
13
following
new
subsection:
14
NEW
SUBSECTION
.
20.
a.
A
city
or
a
librarian
of
a
city
15
library
shall
not
select
or
make
purchases
of
any
materials
16
for
a
city
library
with
descriptions
or
visual
depictions
of
17
a
sex
act
as
defined
in
section
702.17.
If
a
library
board
18
functions
in
accordance
with
section
392.5,
this
subsection
is
19
also
applicable
to
the
library
board.
20
b.
A
librarian
of
a
city
library
shall
not
knowingly
provide
21
obscene
material
to
a
minor
in
a
public
library.
22
c.
A
librarian
of
a
city
library
shall
not
knowingly
provide
23
hard-core
pornography
to
a
minor
in
a
public
library.
24
d.
A
parent
or
guardian
of
a
minor
alleging
a
violation
25
of
paragraph
“b”
or
“c”
by
a
librarian
may
file
a
complaint
26
with
a
library
board
functioning
in
accordance
with
section
27
392.5
or
the
city
council.
If
thirty
days
have
passed
and
the
28
librarian
continues
to
violate
paragraph
“b”
or
“c”
,
the
parent
29
or
guardian
may
file
a
complaint
with
the
city
council.
30
e.
If
complaints
have
been
filed
in
accordance
with
31
paragraph
“d”
and
a
librarian
continues
to
violate
paragraph
“b”
32
or
“c”
,
a
parent
or
guardian
of
a
minor
alleging
a
violation
of
33
paragraph
“b”
or
“c”
by
a
librarian
may
bring
a
civil
action
34
for
damages
and
injunctive
relief
against
the
library
board
35
-3-
LSB
1512YH
(1)
91
ll/js
3/
7
H.F.
558
if
one
is
functioning
in
accordance
with
section
392.5
or
the
1
city
that
employs
the
librarian
to
prohibit
the
librarian
from
2
continuing
such
violation.
3
f.
If
a
parent
or
guardian
is
the
prevailing
party
in
a
4
civil
action
instituted
pursuant
to
paragraph
“e”
,
all
of
the
5
following
shall
apply:
6
(1)
The
court
shall
award
reasonable
attorney
fees
to
the
7
parent
or
guardian.
8
(2)
The
court
shall
assess
a
civil
penalty
against
the
9
city
that
employs
the
librarian
of
not
less
than
five
thousand
10
dollars
plus
an
additional
five
hundred
dollars
per
day
for
11
each
day
a
violation
occurs
during
the
pendency
of
the
civil
12
action.
However,
the
court
shall
not
assess
the
additional
13
civil
penalty
provided
in
this
subparagraph
if
the
city
that
14
employs
the
librarian
removes
the
obscene
material
from
the
15
library
during
the
pendency
of
the
civil
action.
Moneys
16
collected
from
the
assessment
of
the
civil
penalty
provided
in
17
this
subparagraph
shall
be
remitted
to
the
treasurer
of
state
18
for
deposit
in
the
general
fund
of
the
state.
19
(3)
In
the
case
of
a
violation
of
paragraph
“b”
,
the
court
20
shall
order
the
city
that
employs
the
librarian
to
pay
not
less
21
than
ten
thousand
dollars
in
damages
to
the
parent
or
guardian.
22
(4)
In
the
case
of
a
violation
of
paragraph
“c”
,
the
court
23
shall
order
the
city
that
employs
the
librarian
to
pay
not
24
less
than
twenty
thousand
dollars
in
damages
to
the
parent
or
25
guardian.
26
(5)
The
clerk
of
court
shall
send
a
copy
of
the
court’s
27
order
issued
as
a
result
of
a
complaint
instituted
pursuant
to
28
paragraph
“e”
and
a
copy
of
this
section
by
restricted
certified
29
mail,
return
receipt
requested,
to
the
attorney
general
and
the
30
county
attorney
of
the
county
in
which
the
city
that
employs
31
the
librarian
that
has
violated
paragraph
“b”
or
“c”
is
located.
32
g.
A
parent
or
guardian
who
was
the
prevailing
party
in
a
33
civil
action
instituted
pursuant
to
paragraph
“d”
may
bring
34
a
civil
action
for
damages
against
the
city
that
employs
the
35
-4-
LSB
1512YH
(1)
91
ll/js
4/
7
H.F.
558
librarian
if
the
librarian
violates
an
injunction
issued
1
pursuant
to
paragraph
“e”
.
Damages
awarded
pursuant
to
this
2
paragraph
shall
include
all
of
the
following:
3
(1)
Actual
damages
for
injuries
resulting
from
the
4
librarian’s
initial
violation
of
paragraph
“b”
or
“c”
and
the
5
librarian’s
violation
of
the
injunction.
6
(2)
A
penalty
in
an
amount
determined
by
the
court,
but
7
not
less
than
twenty
thousand
dollars
plus
an
additional
one
8
thousand
dollars
per
day
for
each
day
the
librarian’s
violation
9
of
the
injunction
continues.
10
h.
A
county
attorney
or
the
attorney
general
may
institute
11
civil
actions
to
enforce
the
provisions
of
this
subsection.
12
A
county
attorney’s
or
the
attorney
general’s
receipt
of
a
13
copy
of
a
court’s
injunctive
order
provided
by
the
clerk
of
14
court
issued
as
a
result
of
a
complaint
instituted
pursuant
15
to
paragraph
“e”
,
along
with
subsequent
information
that
a
16
violation
of
paragraph
“b”
or
“c”
is
continuing
to
occur,
shall
17
constitute
probable
cause
that
a
violation
of
paragraph
“b”
or
18
“c”
has
occurred.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
prohibits
materials
with
descriptions
or
visual
23
depictions
of
a
sex
act
as
defined
in
Code
section
702.17
from
24
being
accessible
to
minors
in
county
or
city
public
libraries.
25
Under
the
bill,
a
city,
a
city
library
board,
a
library
26
district,
or
a
city
librarian
or
library
district
librarian
is
27
prohibited
from
selecting
or
making
purchases
of
any
materials
28
with
descriptions
or
visual
depictions
of
a
sex
act
as
defined
29
in
Code
section
702.17
for
the
public
library.
30
The
bill
provides
that
a
public
librarian
for
a
city
or
a
31
library
district
shall
not
knowingly
provide
obscene
material
32
or
hard-core
pornography
to
a
minor
in
a
public
library.
A
33
parent
or
guardian
of
a
minor
alleging
that
a
librarian
has
34
knowingly
provided
either
of
those
materials
to
a
minor
may
35
-5-
LSB
1512YH
(1)
91
ll/js
5/
7
H.F.
558
file
a
complaint
with
the
appropriate
library
board
or
library
1
district.
If
30
days
have
passed
and
the
public
librarian
2
continues
to
violate
the
bill,
the
parent
or
guardian
may
3
file
a
complaint
with
the
applicable
city
council
or
board
of
4
supervisors.
5
After
filing
complaints
with
the
library
board
or
library
6
district
and
the
city
council
or
board
of
supervisors
and
7
after
30
days
have
passed,
if
the
public
librarian
continues
8
to
violate
the
bill,
the
parent
or
guardian
may
bring
a
civil
9
action
for
damages
and
injunctive
relief
against
the
city
or
10
any
combination
of
cities
and
counties
of
a
library
district
11
that
employs
the
librarian.
12
The
bill
provides
that
if
a
parent
or
guardian
is
the
13
prevailing
party
in
the
civil
action,
the
court
shall
award
14
reasonable
attorney
fees
and
assess
a
civil
penalty
against
the
15
municipal
entity
responsible
for
employing
the
librarian
of
not
16
less
than
$5,000
plus
an
additional
$500
per
day
for
each
day
a
17
violation
occurs
during
the
pendency
of
the
civil
action.
If
18
the
obscene
material
is
removed
from
the
library
during
the
19
pendency
of
the
civil
action,
the
additional
$500
per
day
is
20
not
assessed.
The
bill
requires
moneys
collected
from
the
21
assessment
of
the
civil
penalty
to
be
remitted
to
the
treasurer
22
of
state
for
deposit
in
the
general
fund
of
the
state.
The
bill
23
provides
that
if
the
librarian’s
violation
relates
to
obscene
24
material,
the
court
is
required
to
order
the
municipal
entity
25
responsible
for
employing
the
librarian
to
pay
not
less
than
26
$10,000
in
damages
to
the
parent
or
guardian.
The
bill
also
27
provides
that
if
the
librarian’s
violation
relates
to
hard-core
28
pornography,
the
court
is
required
to
order
the
municipal
29
entity
responsible
for
employing
the
librarian
to
pay
not
less
30
than
$20,000
in
damages
to
the
parent
or
guardian.
31
The
bill
provides
that
if
a
parent
or
guardian
is
the
32
prevailing
party
in
the
civil
action,
the
clerk
of
court
shall
33
send
a
copy
of
the
court’s
order
and
a
copy
of
the
bill’s
34
provision
by
certified
mail
to
the
attorney
general
and
the
35
-6-
LSB
1512YH
(1)
91
ll/js
6/
7
H.F.
558
county
attorney
of
the
applicable
county
of
the
municipal
1
entity
responsible
for
employing
the
librarian
who
violated
the
2
bill’s
provisions.
3
The
bill
provides
that
a
parent
or
guardian
who
was
the
4
prevailing
party
in
the
civil
action
may
bring
a
civil
action
5
for
damages
against
the
municipal
entity
that
employs
the
6
librarian
if
the
librarian
continues
to
violate
the
injunction.
7
The
bill
also
provides
that
if
the
parent
or
guardian
is
the
8
prevailing
party
in
the
proceedings,
the
court
shall
award
9
the
parent
or
guardian
actual
damages
for
injuries
resulting
10
from
the
librarian’s
initial
violation
of
knowingly
providing
11
obscene
material
or
hard-core
pornography
to
a
minor
in
a
12
public
library
and
for
violating
the
injunction
and
a
civil
13
penalty
of
not
less
than
$20,000
plus
an
additional
$1,000
per
14
day
for
each
day
the
librarian’s
violation
of
the
injunction
15
continues.
16
Code
section
728.6
authorizes
a
county
attorney
to
17
institute
a
civil
proceeding
to
enjoin
the
dissemination
or
18
exhibition
of
obscene
material
to
minors
when
the
county
19
attorney
has
reasonable
cause
to
believe
that
any
person
is
20
engaged
or
plans
to
engage
in
the
dissemination
or
exhibition
21
of
obscene
material
within
the
county
attorney’s
county
to
22
minors.
The
bill
authorizes
the
attorney
general
to
also
23
institute
such
civil
proceedings.
A
county
attorney’s
or
the
24
attorney
general’s
receipt
of
a
copy
of
a
court’s
injunctive
25
order
provided
by
the
clerk
of
court
along
with
subsequent
26
information
that
a
violation
is
continuing
to
occur
shall
27
constitute
probable
cause
that
a
violation
of
knowingly
28
providing
obscene
material
or
hard-core
pornography
to
a
minor
29
in
a
public
library
has
occurred.
30
-7-
LSB
1512YH
(1)
91
ll/js
7/
7