HF 3270

as introduced - 88th Legislature (2013 - 2014) Posted on 03/24/2014 12:39pm

A bill for an act
relating to education; modifying certain school liability provisions; creating
a civil cause of action; amending Minnesota Statutes 2012, sections 617.291,
subdivision 2; 617.295; 617.296, by adding a subdivision.

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, new text begin or new text end public libraries deleted text begin , or government sponsored organizations deleted 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, new text begin or new text end public libraries, deleted text begin governmental agencies or quasi governmental
sponsored organizations, deleted text end and persons acting in their capacity as employees or agents of
such organization. For the purpose of this section "recognized and established" shall mean
an organization or agency having deleted text begin 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.

Sec. 3.

Minnesota Statutes 2012, section 617.296, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Parental cause of action. new text end

new text begin The parent or legal guardian of a child has a
civil cause of action against a school or governmental institution when the school or
governmental institution disseminates or otherwise displays to the child obscene material
as defined in section 617.241, subdivision 1, paragraph (a). The plaintiff is entitled to
recover the greater of $1,000 or actual general and special damages, including damages for
emotional distress. A plaintiff may also obtain reasonable attorney fees and an injunction
or other appropriate relief.
new text end