HF 4521

as introduced - 91st Legislature (2019 - 2020) Posted on 03/26/2020 11:56am

A bill for an act
relating to education; removing exemptions from obscenity laws for public schools;
creating a civil cause of action; amending Minnesota Statutes 2018, 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 2018, 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 public schools new text end .

Sec. 2.

Minnesota Statutes 2018, 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 or quasi governmental
sponsored organizations, and persons acting in their capacity as employees or agents of
such organization new text begin , excluding public schools new text end . 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.

Sec. 3.

Minnesota Statutes 2018, 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 A parent or legal guardian of a child has a civil cause
of action against a public school when the school, or faculty or person acting in their capacity
as an employee or agent of a school, 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