House File 558 - Introduced HOUSE FILE 558 BY HAYES A BILL FOR An Act prohibiting certain materials in public libraries 1 in counties and cities, authorizing civil actions, and 2 providing civil penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1512YH (1) 91 ll/js
H.F. 558 Section 1. Section 336.8, subsection 5, Code 2025, is 1 amended to read as follows: 2 5. a. To authorize the librarian to select and make 3 purchases of books, magazines, periodicals, papers, maps, 4 journals, furniture, fixtures, technology, and supplies for 5 the library district. However, the librarian shall not select 6 or make purchases of any materials with descriptions or visual 7 depictions of a sex act as defined in section 702.17 for the 8 library district. 9 b. A public librarian shall not knowingly provide obscene 10 material to a minor in a library. 11 c. A public librarian shall not knowingly provide hard-core 12 pornography to a minor in a library. 13 d. A parent or guardian of a minor alleging a violation 14 of paragraph b or c by a librarian may file a complaint 15 with the board. If thirty days have passed and the librarian 16 continues to violate paragraph b or c , the parent or 17 guardian may file a complaint with a participating city 18 council, a participating board of supervisors, or both. 19 e. If complaints have been filed in accordance with 20 paragraph d and a librarian continues to violate paragraph b 21 or c , a parent or guardian of a minor alleging a violation of 22 paragraph b or c by a librarian may bring a civil action for 23 damages and injunctive relief against the counties or cities 24 that have formed a library district that employs the librarian 25 to prohibit the librarian from continuing such violation. 26 f. If a parent or guardian is the prevailing party in a 27 civil action instituted pursuant to paragraph e , all of the 28 following shall apply: 29 (1) The court shall award reasonable attorney fees to the 30 parent or guardian. 31 (2) The court shall assess a civil penalty against the 32 counties or cities that have formed a library district that 33 employs the librarian of not less than five thousand dollars 34 plus an additional five hundred dollars per day for each day 35 -1- LSB 1512YH (1) 91 ll/js 1/ 7
H.F. 558 a violation occurs during the pendency of the civil action. 1 However, the court shall not assess the additional civil 2 penalty provided in this subparagraph if the counties or 3 cities that have formed a library district that employs the 4 librarian remove the obscene material from the library during 5 the pendency of the civil action. Moneys collected from the 6 assessment of the civil penalty provided in this subparagraph 7 shall be remitted to the treasurer of state for deposit in the 8 general fund of the state. 9 (3) In the case of a violation of paragraph b , the court 10 shall order the counties or cities that have formed a library 11 district that employs the librarian to pay not less than ten 12 thousand dollars in damages to the parent or guardian. 13 (4) In the case of a violation of paragraph c , the court 14 shall order the counties or cities that have formed a library 15 district that employs the librarian to pay not less than twenty 16 thousand dollars in damages to the parent or guardian. 17 (5) The clerk of court shall send a copy of the courts 18 order issued as a result of a complaint instituted pursuant to 19 paragraph e and a copy of this section by restricted certified 20 mail, return receipt requested, to the attorney general and the 21 county attorneys of the counties or cities that have formed a 22 library district that employs the librarian that has violated 23 paragraph b or c . 24 g. A parent or guardian who was the prevailing party in a 25 civil action instituted pursuant to paragraph e may bring a 26 civil action for damages against the counties or cities that 27 have formed a library district that employs the librarian 28 if the librarian violates an injunction issued pursuant to 29 paragraph e . Damages awarded pursuant to this paragraph shall 30 include all of the following: 31 (1) Actual damages for injuries resulting from the 32 librarians initial violation of paragraph b or c and the 33 librarians violation of the injunction. 34 (2) A penalty in an amount determined by the court, but 35 -2- LSB 1512YH (1) 91 ll/js 2/ 7
H.F. 558 not less than twenty thousand dollars plus an additional one 1 thousand dollars per day for each day the librarians violation 2 of the injunction continues. 3 h. A county attorney or the attorney general may institute 4 civil actions to enforce the provisions of this subsection. 5 A county attorneys or the attorney generals receipt of a 6 copy of a courts injunctive order provided by the clerk of 7 court issued as a result of a complaint instituted pursuant 8 to paragraph e , along with subsequent information that a 9 violation of paragraph b or c is continuing to occur, shall 10 constitute probable cause that a violation of paragraph b or 11 c has occurred. 12 Sec. 2. Section 364.3, Code 2025, is amended by adding the 13 following new subsection: 14 NEW SUBSECTION . 20. a. A city or a librarian of a city 15 library shall not select or make purchases of any materials 16 for a city library with descriptions or visual depictions of 17 a sex act as defined in section 702.17. If a library board 18 functions in accordance with section 392.5, this subsection is 19 also applicable to the library board. 20 b. A librarian of a city library shall not knowingly provide 21 obscene material to a minor in a public library. 22 c. A librarian of a city library shall not knowingly provide 23 hard-core pornography to a minor in a public library. 24 d. A parent or guardian of a minor alleging a violation 25 of paragraph b or c by a librarian may file a complaint 26 with a library board functioning in accordance with section 27 392.5 or the city council. If thirty days have passed and the 28 librarian continues to violate paragraph b or c , the parent 29 or guardian may file a complaint with the city council. 30 e. If complaints have been filed in accordance with 31 paragraph d and a librarian continues to violate paragraph b 32 or c , a parent or guardian of a minor alleging a violation of 33 paragraph b or c by a librarian may bring a civil action 34 for damages and injunctive relief against the library board 35 -3- LSB 1512YH (1) 91 ll/js 3/ 7
H.F. 558 if one is functioning in accordance with section 392.5 or the 1 city that employs the librarian to prohibit the librarian from 2 continuing such violation. 3 f. If a parent or guardian is the prevailing party in a 4 civil action instituted pursuant to paragraph e , all of the 5 following shall apply: 6 (1) The court shall award reasonable attorney fees to the 7 parent or guardian. 8 (2) The court shall assess a civil penalty against the 9 city that employs the librarian of not less than five thousand 10 dollars plus an additional five hundred dollars per day for 11 each day a violation occurs during the pendency of the civil 12 action. However, the court shall not assess the additional 13 civil penalty provided in this subparagraph if the city that 14 employs the librarian removes the obscene material from the 15 library during the pendency of the civil action. Moneys 16 collected from the assessment of the civil penalty provided in 17 this subparagraph shall be remitted to the treasurer of state 18 for deposit in the general fund of the state. 19 (3) In the case of a violation of paragraph b , the court 20 shall order the city that employs the librarian to pay not less 21 than ten thousand dollars in damages to the parent or guardian. 22 (4) In the case of a violation of paragraph c , the court 23 shall order the city that employs the librarian to pay not 24 less than twenty thousand dollars in damages to the parent or 25 guardian. 26 (5) The clerk of court shall send a copy of the courts 27 order issued as a result of a complaint instituted pursuant to 28 paragraph e and a copy of this section by restricted certified 29 mail, return receipt requested, to the attorney general and the 30 county attorney of the county in which the city that employs 31 the librarian that has violated paragraph b or c is located. 32 g. A parent or guardian who was the prevailing party in a 33 civil action instituted pursuant to paragraph d may bring 34 a civil action for damages against the city that employs the 35 -4- LSB 1512YH (1) 91 ll/js 4/ 7
H.F. 558 librarian if the librarian violates an injunction issued 1 pursuant to paragraph e . Damages awarded pursuant to this 2 paragraph shall include all of the following: 3 (1) Actual damages for injuries resulting from the 4 librarians initial violation of paragraph b or c and the 5 librarians violation of the injunction. 6 (2) A penalty in an amount determined by the court, but 7 not less than twenty thousand dollars plus an additional one 8 thousand dollars per day for each day the librarians violation 9 of the injunction continues. 10 h. A county attorney or the attorney general may institute 11 civil actions to enforce the provisions of this subsection. 12 A county attorneys or the attorney generals receipt of a 13 copy of a courts injunctive order provided by the clerk of 14 court issued as a result of a complaint instituted pursuant 15 to paragraph e , along with subsequent information that a 16 violation of paragraph b or c is continuing to occur, shall 17 constitute probable cause that a violation of paragraph b or 18 c has occurred. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanations substance by the members of the general assembly. 22 This bill prohibits materials with descriptions or visual 23 depictions of a sex act as defined in Code section 702.17 from 24 being accessible to minors in county or city public libraries. 25 Under the bill, a city, a city library board, a library 26 district, or a city librarian or library district librarian is 27 prohibited from selecting or making purchases of any materials 28 with descriptions or visual depictions of a sex act as defined 29 in Code section 702.17 for the public library. 30 The bill provides that a public librarian for a city or a 31 library district shall not knowingly provide obscene material 32 or hard-core pornography to a minor in a public library. A 33 parent or guardian of a minor alleging that a librarian has 34 knowingly provided either of those materials to a minor may 35 -5- LSB 1512YH (1) 91 ll/js 5/ 7
H.F. 558 file a complaint with the appropriate library board or library 1 district. If 30 days have passed and the public librarian 2 continues to violate the bill, the parent or guardian may 3 file a complaint with the applicable city council or board of 4 supervisors. 5 After filing complaints with the library board or library 6 district and the city council or board of supervisors and 7 after 30 days have passed, if the public librarian continues 8 to violate the bill, the parent or guardian may bring a civil 9 action for damages and injunctive relief against the city or 10 any combination of cities and counties of a library district 11 that employs the librarian. 12 The bill provides that if a parent or guardian is the 13 prevailing party in the civil action, the court shall award 14 reasonable attorney fees and assess a civil penalty against the 15 municipal entity responsible for employing the librarian of not 16 less than $5,000 plus an additional $500 per day for each day a 17 violation occurs during the pendency of the civil action. If 18 the obscene material is removed from the library during the 19 pendency of the civil action, the additional $500 per day is 20 not assessed. The bill requires moneys collected from the 21 assessment of the civil penalty to be remitted to the treasurer 22 of state for deposit in the general fund of the state. The bill 23 provides that if the librarians violation relates to obscene 24 material, the court is required to order the municipal entity 25 responsible for employing the librarian to pay not less than 26 $10,000 in damages to the parent or guardian. The bill also 27 provides that if the librarians violation relates to hard-core 28 pornography, the court is required to order the municipal 29 entity responsible for employing the librarian to pay not less 30 than $20,000 in damages to the parent or guardian. 31 The bill provides that if a parent or guardian is the 32 prevailing party in the civil action, the clerk of court shall 33 send a copy of the courts order and a copy of the bills 34 provision by certified mail to the attorney general and the 35 -6- LSB 1512YH (1) 91 ll/js 6/ 7
H.F. 558 county attorney of the applicable county of the municipal 1 entity responsible for employing the librarian who violated the 2 bills provisions. 3 The bill provides that a parent or guardian who was the 4 prevailing party in the civil action may bring a civil action 5 for damages against the municipal entity that employs the 6 librarian if the librarian continues to violate the injunction. 7 The bill also provides that if the parent or guardian is the 8 prevailing party in the proceedings, the court shall award 9 the parent or guardian actual damages for injuries resulting 10 from the librarians initial violation of knowingly providing 11 obscene material or hard-core pornography to a minor in a 12 public library and for violating the injunction and a civil 13 penalty of not less than $20,000 plus an additional $1,000 per 14 day for each day the librarians violation of the injunction 15 continues. 16 Code section 728.6 authorizes a county attorney to 17 institute a civil proceeding to enjoin the dissemination or 18 exhibition of obscene material to minors when the county 19 attorney has reasonable cause to believe that any person is 20 engaged or plans to engage in the dissemination or exhibition 21 of obscene material within the county attorneys county to 22 minors. The bill authorizes the attorney general to also 23 institute such civil proceedings. A county attorneys or the 24 attorney generals receipt of a copy of a courts injunctive 25 order provided by the clerk of court along with subsequent 26 information that a violation is continuing to occur shall 27 constitute probable cause that a violation of knowingly 28 providing obscene material or hard-core pornography to a minor 29 in a public library has occurred. 30 -7- LSB 1512YH (1) 91 ll/js 7/ 7