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.