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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:
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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,
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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
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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
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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.
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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
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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.
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