Bill Text: IA HF185 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the exposure of minors to, and the participation of minors in, inappropriate programming at public libraries and public elementary and secondary schools, and providing penalties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-01-22 - Introduced, referred to Judiciary. H.J. 185. [HF185 Detail]
Download: Iowa-2021-HF185-Introduced.html
House
File
185
-
Introduced
HOUSE
FILE
185
BY
SALMON
A
BILL
FOR
An
Act
relating
to
the
exposure
of
minors
to,
and
the
1
participation
of
minors
in,
inappropriate
programming
2
at
public
libraries
and
public
elementary
and
secondary
3
schools,
and
providing
penalties.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
728.7,
Code
2021,
is
amended
to
read
as
1
follows:
2
728.7
Exemptions
for
public
libraries
and
educational
3
institutions.
4
1.
Nothing
in
this
chapter
prohibits
the
use
of
appropriate
5
material
for
educational
purposes
in
any
accredited
school,
or
6
any
public
library,
or
in
any
appropriate
educational
program
7
in
which
the
minor
is
participating.
Nothing
in
this
chapter
8
prohibits
the
attendance
of
minors
at
an
appropriate
exhibition
9
or
display
of
art
works
or
the
use
of
any
appropriate
materials
10
in
any
public
library.
11
2.
For
purposes
of
this
section,
“appropriate”
means
the
12
material
adheres
to
or
is
consistent
with
community
standards
13
of
decency
with
respect
to
what
is
suitable
for
minors
to
view,
14
be
exposed
to,
or
participate
in
viewing;
the
material
does
not
15
appeal
to
the
prurient
interest
for
minors;
the
material
is
16
not
patently
offensive
for
minors;
or
the
material
has
serious
17
literary,
scientific,
political,
or
artistic
value
for
minors.
18
Sec.
2.
NEW
SECTION
.
728.7A
Exposing
a
minor
to
19
inappropriate
programming
——
penalties.
20
1.
As
used
in
this
section:
21
a.
“Inappropriate”
means
violating
community
standards
of
22
decency
with
respect
to
what
is
suitable
for
minors
to
view,
23
be
exposed
to,
or
participate
in;
appealing
to
the
prurient
24
interest
for
minors;
is
patently
offensive
for
minors;
or
25
lacking
serious
literary,
scientific,
political,
or
artistic
26
value
for
minors.
27
b.
“Programming”
means
a
live
event,
in
person
or
28
given
remotely,
including
presentations,
performances,
and
29
instructional
activities.
30
2.
Public
libraries
and
elementary
and
secondary
schools
31
shall
not
knowingly
allow
a
minor
to
be
exposed
to
or
32
participate
in
inappropriate
programming.
A
public
library
33
or
elementary
or
secondary
school
employee,
including
an
34
employee
or
board
member
of
a
public
library
or
elementary
or
35
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185
secondary
school
acting
in
a
supervisory
role
who
approves
of
1
and
facilitates
inappropriate
programming,
or
who
knowingly
2
allows
a
minor
to
be
exposed
to
or
participate
in
inappropriate
3
programming
shall,
upon
conviction,
be
guilty
of
an
aggravated
4
misdemeanor.
5
3.
A
library
or
public
elementary
or
secondary
school
6
that
knowingly
allows
a
minor
to
be
exposed
to
or
participate
7
in
inappropriate
programming
shall
be
liable
for
a
civil
8
penalty
of
seventy-five
thousand
dollars,
which
penalty
9
may
be
recovered
in
a
court
of
competent
jurisdiction
by
an
10
aggrieved
parent
or
guardian
of
a
minor
who
was
exposed
to
11
the
inappropriate
programming.
The
prevailing
party
shall
be
12
awarded
reasonable
attorney
fees
and
court
costs.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
relates
to
the
exposure
of
minors
to,
and
the
17
participation
of
minors
in,
inappropriate
programming
at
public
18
libraries
and
public
elementary
and
secondary
schools.
19
Under
current
law,
there
is
no
prohibition
on
the
attendance
20
of
minors
at
an
exhibition
or
display
of
art
works
or
the
use
21
of
any
materials
in
any
public
library.
The
bill
specifies
22
accredited
schools
and
public
libraries
are
not
prohibited
from
23
allowing
minors
to
participate
in
an
appropriate
exhibition
or
24
display
of
art
works
or
the
use
of
any
appropriate
materials
25
in
any
public
library.
The
bill
prohibits
public
libraries
26
and
elementary
and
secondary
schools
from
knowingly
allowing
27
a
minor
to
be
exposed
to
or
participate
in
inappropriate
28
programming.
“Appropriate”
and
“inappropriate”
are
defined
in
29
the
bill.
30
A
public
library
or
elementary
or
secondary
school
31
employee,
including
an
employee
or
board
member
of
a
public
32
library
or
elementary
or
secondary
school
acting
in
a
33
supervisory
role
who
approves
and
facilitates
inappropriate
34
programming,
or
who
knowingly
allows
a
minor
to
be
exposed
35
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to
or
participate
in
inappropriate
programming
shall,
upon
1
conviction,
be
guilty
of
an
aggravated
misdemeanor.
An
2
aggravated
misdemeanor
is
punishable
by
confinement
for
no
more
3
than
two
years
and
a
fine
of
at
least
$855
but
not
more
than
4
$8,540.
5
A
public
library
or
elementary
or
secondary
school
that
6
knowingly
allows
a
minor
to
be
exposed
to
or
participate
7
in
inappropriate
programming
shall
be
liable
for
a
civil
8
penalty
of
$75,000,
which
penalty
may
be
recovered
by
an
9
aggrieved
parent
or
guardian
of
a
minor
who
was
exposed
to
10
the
inappropriate
programming.
The
prevailing
party
shall
be
11
awarded
reasonable
attorney
fees
and
court
costs.
12
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