SF 2435

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/03/2023 10:00am

A bill for an act
relating to education; modifying certain school liability provisions; creating a civil
cause of action; amending Minnesota Statutes 2022, 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 2022, 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 2022, 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 2022, 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