Amendment scs3567a46

scs3567a46 scs3567a46

1.1Senator Lucero moved to amend S.F. No. 3567 as follows:
1.2Page 84, after line 30, insert:

1.3    "Sec. 12. Minnesota Statutes 2022, section 617.291, subdivision 2, is amended to read:
1.4    Subd. 2. Best interest. It is in the best interest of the health, welfare, and safety of the
1.5citizens of this state, and especially of minors within the state, that commercial dissemination,
1.6and dissemination without monetary consideration in a place of public accommodation, of
1.7sexually explicit written, photographic, printed, sound or published materials, and of plays,
1.8dances, or other exhibitions presented before an audience, that are deemed harmful to minors,
1.9be restricted to persons over the age of 17 years; or, if available to minors under the age of
1.1018 years, that the availability of the materials be restricted to sources within established and
1.11recognized schools, churches, museums, medical clinics and physicians, hospitals, or public
1.12libraries, or government sponsored organizations.

1.13    Sec. 13. Minnesota Statutes 2022, section 617.295, is amended to read:
1.14617.295 EXEMPTIONS.
1.15The following are exempt from criminal or other action hereunder:
1.16(1) recognized and established schools, churches, museums, medical clinics and
1.17physicians, hospitals, or public libraries, governmental agencies or quasi governmental
1.18sponsored organizations, and persons acting in their capacity as employees or agents of
1.19such organization. For the purpose of this section "recognized and established" shall mean
1.20an organization or agency having a full time faculty and diversified curriculum in the case
1.21of a school; a church affiliated with a national or regional denomination; a licensed physician
1.22or psychiatrist or clinic of licensed physicians or psychiatrists; and in all other exempt
1.23organizations shall refer only to income tax exempted organizations which are supported
1.24in whole or in part by tax funds or which receive at least one-third of their support from
1.25publicly donated funds;
1.26(2) individuals in a parental relationship with the minor; and
1.27(3) motion picture machine operators, stagehands, or other theatre employees such as
1.28cashiers, doorkeepers, ushers, and concession employees, if such person or persons have
1.29no financial interest in the entertainment presented other than the salary or wage, or in any
1.30theatre or place where such employee has no financial interest when the employee's services
1.31are obtained solely for salary or wage; provided, that such employee is under the direct
2.1supervision of a theatre manager who is a resident of this state and who is not exempt from
2.2action under sections 617.291 to 617.297.

2.3    Sec. 14. Minnesota Statutes 2022, section 617.296, is amended by adding a subdivision
2.4to read:
2.5    Subd. 3. Parental cause of action. The parent or legal guardian of a child has a civil
2.6cause of action against a school or governmental institution when the school or governmental
2.7institution disseminates or otherwise displays to the child obscene material as defined in
2.8section 617.241, subdivision 1, paragraph (a). The plaintiff is entitled to recover the greater
2.9of $1,000 or actual general and special damages, including damages for emotional distress.
2.10A plaintiff may also obtain reasonable attorney fees and an injunction or other appropriate
2.11relief."
2.12Amend the title accordingly
2.13The motion prevailed. #did not prevail. So the amendment was #not adopted.