HF 1997

as introduced - 88th Legislature (2013 - 2014) Posted on 02/25/2014 02:21pm

A bill for an act
relating to education; removing exemptions from obscenity laws for public
schools and postsecondary institutions; amending Minnesota Statutes 2012,
sections 617.291, subdivision 2; 617.295.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 617.291, subdivision 2, is amended to read:

Subd. 2.

Best interest.

It is in the best interest of the health, welfare, and safety
of the citizens of this state, and especially of minors within the state, that commercial
dissemination, and dissemination without monetary consideration in a place of public
accommodation, of sexually explicit written, photographic, printed, sound or published
materials, and of plays, dances, or other exhibitions presented before an audience, that
are deemed harmful to minors, be restricted to persons over the age of 17 years; or, if
available to minors under the age of 18 years, that the availability of the materials be
restricted to sources within established and recognized deleted text begin schools, deleted text end churches, museums,
medical clinics and physicians, hospitals, public libraries, or government sponsored
organizations new text begin , excluding schools and postsecondary institutions new text end .

Sec. 2.

Minnesota Statutes 2012, section 617.295, is amended to read:

617.295 EXEMPTIONS.

The following are exempt from criminal or other action hereunder:

(1) recognized and established deleted text begin schools, deleted text end churches, museums, medical clinics and
physicians, hospitals, public libraries, governmental agencies new text begin , excluding schools and
postsecondary institutions, new text end or quasi governmental sponsored organizations, and persons
acting in their capacity as employees or agents of such organization. For the purpose of
this section "recognized and established" shall mean deleted text begin an organization or agency having
a full time faculty and diversified curriculum in the case of a school; deleted text end a church affiliated
with a national or regional denomination; a licensed physician or psychiatrist or clinic
of licensed physicians or psychiatrists; and in all other exempt organizations shall refer
only to income tax exempted organizations which are supported in whole or in part by tax
funds or which receive at least one-third of their support from publicly donated funds;

(2) individuals in a parental relationship with the minor; and

(3) motion picture machine operators, stagehands, or other theatre employees such
as cashiers, doorkeepers, ushers, and concession employees, if such person or persons
have no financial interest in the entertainment presented other than the salary or wage, or
in any theatre or place where such employee has no financial interest when the employee's
services are obtained solely for salary or wage; provided, that such employee is under the
direct supervision of a theatre manager who is a resident of this state and who is not
exempt from action under sections 617.291 to 617.297.