Bill Text: MN HF1997 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Obscenity law exemptions removed for public schools and postsecondary institutions.
Sponsorship: Partisan Bill (Republican 4)
Status: (Introduced - Dead) 2014-03-06 - Author added Nornes [HF1997 Detail]
Download: Minnesota-2013-HF1997-Introduced.html
1.2relating to education; removing exemptions from obscenity laws for public
1.3schools and postsecondary institutions; amending Minnesota Statutes 2012,
1.4sections 617.291, subdivision 2; 617.295.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 617.291, subdivision 2, is amended to read:
1.7 Subd. 2. Best interest. It is in the best interest of the health, welfare, and safety
1.8of the citizens of this state, and especially of minors within the state, that commercial
1.9dissemination, and dissemination without monetary consideration in a place of public
1.10accommodation, of sexually explicit written, photographic, printed, sound or published
1.11materials, and of plays, dances, or other exhibitions presented before an audience, that
1.12are deemed harmful to minors, be restricted to persons over the age of 17 years; or, if
1.13available to minors under the age of 18 years, that the availability of the materials be
1.14restricted to sources within established and recognizedschools, churches, museums,
1.15medical clinics and physicians, hospitals, public libraries, or government sponsored
1.16organizations, excluding schools and postsecondary institutions.
1.17 Sec. 2. Minnesota Statutes 2012, section 617.295, is amended to read:
1.18617.295 EXEMPTIONS.
1.19The following are exempt from criminal or other action hereunder:
1.20(1) recognized and establishedschools, churches, museums, medical clinics and
1.21physicians, hospitals, public libraries, governmental agencies, excluding schools and
1.22postsecondary institutions, or quasi governmental sponsored organizations, and persons
1.23acting in their capacity as employees or agents of such organization. For the purpose of
2.1this section "recognized and established" shall meanan organization or agency having
2.2a full time faculty and diversified curriculum in the case of a school; a church affiliated
2.3with a national or regional denomination; a licensed physician or psychiatrist or clinic
2.4of licensed physicians or psychiatrists; and in all other exempt organizations shall refer
2.5only to income tax exempted organizations which are supported in whole or in part by tax
2.6funds or which receive at least one-third of their support from publicly donated funds;
2.7(2) individuals in a parental relationship with the minor; and
2.8(3) motion picture machine operators, stagehands, or other theatre employees such
2.9as cashiers, doorkeepers, ushers, and concession employees, if such person or persons
2.10have no financial interest in the entertainment presented other than the salary or wage, or
2.11in any theatre or place where such employee has no financial interest when the employee's
2.12services are obtained solely for salary or wage; provided, that such employee is under the
2.13direct supervision of a theatre manager who is a resident of this state and who is not
2.14exempt from action under sections617.291 to
617.297 .
1.3schools and postsecondary institutions; amending Minnesota Statutes 2012,
1.4sections 617.291, subdivision 2; 617.295.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2012, section 617.291, subdivision 2, is amended to read:
1.7 Subd. 2. Best interest. It is in the best interest of the health, welfare, and safety
1.8of the citizens of this state, and especially of minors within the state, that commercial
1.9dissemination, and dissemination without monetary consideration in a place of public
1.10accommodation, of sexually explicit written, photographic, printed, sound or published
1.11materials, and of plays, dances, or other exhibitions presented before an audience, that
1.12are deemed harmful to minors, be restricted to persons over the age of 17 years; or, if
1.13available to minors under the age of 18 years, that the availability of the materials be
1.14restricted to sources within established and recognized
1.15medical clinics and physicians, hospitals, public libraries, or government sponsored
1.16organizations, excluding schools and postsecondary institutions.
1.17 Sec. 2. Minnesota Statutes 2012, section 617.295, is amended to read:
1.18617.295 EXEMPTIONS.
1.19The following are exempt from criminal or other action hereunder:
1.20(1) recognized and established
1.21physicians, hospitals, public libraries, governmental agencies, excluding schools and
1.22postsecondary institutions, or quasi governmental sponsored organizations, and persons
1.23acting in their capacity as employees or agents of such organization. For the purpose of
2.1this section "recognized and established" shall mean
2.2
2.3with a national or regional denomination; a licensed physician or psychiatrist or clinic
2.4of licensed physicians or psychiatrists; and in all other exempt organizations shall refer
2.5only to income tax exempted organizations which are supported in whole or in part by tax
2.6funds or which receive at least one-third of their support from publicly donated funds;
2.7(2) individuals in a parental relationship with the minor; and
2.8(3) motion picture machine operators, stagehands, or other theatre employees such
2.9as cashiers, doorkeepers, ushers, and concession employees, if such person or persons
2.10have no financial interest in the entertainment presented other than the salary or wage, or
2.11in any theatre or place where such employee has no financial interest when the employee's
2.12services are obtained solely for salary or wage; provided, that such employee is under the
2.13direct supervision of a theatre manager who is a resident of this state and who is not
2.14exempt from action under sections
