Read the full stored bill text
House
File
2622
-
Introduced
HOUSE
FILE
2622
BY
COMMITTEE
ON
LOCAL
GOVERNMENT
(SUCCESSOR
TO
HSB
720)
A
BILL
FOR
An
Act
relating
to
public
libraries,
including
eligibility
1
requirements
for
state
assistance
and
oversight
by
city
2
councils.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2622
Section
1.
Section
8A.209,
subsection
4,
Code
2026,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
d.
Enforces
age-appropriate
policies
that
3
prohibit
minors
from
accessing
materials
deemed
inappropriate
4
for
minors
and
allow
parents
access
to
monitor
their
child’s
5
borrowing
activity.
Each
eligible
library
shall
submit
to
the
6
department
an
annual
report
providing
proof
of
age-appropriate
7
policies
as
prescribed
by
the
department.
For
purposes
of
this
8
paragraph,
“age-appropriate”
means
topics
and
messages
suitable
9
to
particular
ages
based
on
developing
cognitive,
emotional,
10
and
behavioral
capacity
typical
for
the
age.
“Age-appropriate”
11
does
not
include
any
material
with
descriptions
or
visual
12
depictions
of
a
sex
act
as
defined
in
section
702.17
or
section
13
728.1.
14
Sec.
2.
NEW
SECTION
.
8A.212
State
library
——
standards
and
15
accreditation
program.
16
The
state
library
shall
provide
performance
measures
to
17
encourage
the
ongoing
development
of
high-quality
public
18
library
service
in
the
state.
The
state
library
shall
use
the
19
most
recent
edition
of
“In
Service
to
Iowa:
Public
Library
20
Measures
of
Quality”
as
the
manual
for
the
state
library’s
21
standards
program.
The
use
of
such
manual
for
the
program
does
22
not
include
standards
relating
to
American
library
association
23
standards
or
Iowa
library
association
standards.
Iowa’s
24
voluntary
public
library
standards
program
is
established
25
to
give
public
libraries
a
tool
to
identify
strengths
for
26
improvement.
The
program
shall
be
used
to
document
the
27
condition
of
public
library
service
in
Iowa,
to
distribute
28
direct
state
aid
funding,
and
to
meet
statutory
requirements.
29
Program
information
shall
be
available
on
the
state
library’s
30
official
internet
site.
31
Sec.
3.
Section
8A.222,
Code
2026,
is
amended
to
read
as
32
follows:
33
8A.222
Local
financial
support.
34
1.
Commencing
July
1,
1977,
each
city
within
its
corporate
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2622
boundaries
and
each
county
within
the
unincorporated
area
of
1
the
county
shall
levy
a
tax
of
at
least
six
and
three-fourths
2
cents
per
thousand
dollars
of
assessed
value
on
the
taxable
3
property
or
at
least
the
monetary
equivalent
thereof
when
all
4
or
a
portion
of
the
funds
are
obtained
from
a
source
other
than
5
taxation,
for
the
purpose
of
providing
financial
support
to
the
6
public
library
which
that
provides
library
services
within
the
7
respective
jurisdictions.
8
2.
A
library
shall
not
receive
moneys
collected
under
this
9
section
if
the
library
is
in
violation
of
the
age-appropriate
10
standards
described
in
section
8A.209.
11
Sec.
4.
Section
22.7,
subsection
13,
Code
2026,
is
amended
12
to
read
as
follows:
13
13.
a.
The
Except
as
otherwise
provided
in
paragraphs
“b”
14
and
“c”
,
records
of
a
library
which
that
,
by
themselves
or
when
15
examined
with
other
public
records,
would
reveal
the
identity
16
of
the
library
patron
checking
out
or
requesting
an
item
or
17
information
from
the
library.
18
b.
The
records
shall
be
released
to
a
criminal
or
19
juvenile
justice
agency
only
pursuant
to
an
investigation
of
20
a
particular
person
or
organization
suspected
of
committing
21
a
known
crime.
The
records
shall
be
released
only
upon
a
22
judicial
determination
that
a
rational
connection
exists
23
between
the
requested
release
of
information
and
a
legitimate
24
end
and
that
the
need
for
the
information
is
cogent
and
25
compelling.
26
c.
The
records
shall
be
released
to
the
parent
or
guardian
27
of
a
library
patron
who
is
a
minor
child
upon
the
request
of
the
28
parent
or
guardian.
29
Sec.
5.
Section
336.10,
Code
2026,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
3.
A
library
shall
not
receive
moneys
from
32
this
fund
if
the
library
is
in
violation
of
the
age-appropriate
33
standards
described
in
section
8A.209.
34
Sec.
6.
Section
392.5,
Code
2026,
is
amended
to
read
as
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follows:
1
392.5
Library
board.
2
1.
a.
A
city
library
board
of
trustees
functioning
on
the
3
effective
date
of
the
city
code
shall
continue
to
function
4
in
the
same
manner
until
altered
or
discontinued
as
provided
5
in
this
section
Effective
July
1,
2026,
all
administrative,
6
financial,
oversight,
and
policy
authority
of
any
city
library
7
board
of
trustees
shall
be
transferred
to
the
governing
body
of
8
the
jurisdiction
in
which
the
library
is
located
.
9
b.
In
order
for
the
board
to
function
in
the
same
manner,
10
the
council
shall
retain
all
applicable
ordinances,
and
shall
11
adopt
as
ordinances
all
applicable
state
statutes
repealed
by
12
1972
Iowa
Acts,
ch.
1088
Upon
transfer,
any
existing
library
13
board
shall
be
reconstituted
or
redesigned
as
an
advisory
14
board,
serving
solely
in
an
advisory
capacity
to
the
city
15
council
.
Such
board
may
provide
recommendations
on
library
16
services,
programs,
budgeting
priorities,
and
long-range
17
planning,
and
may
submit
reports
to
the
city
council
as
18
requested.
Such
board
shall
review
all
library
materials
to
19
determine
if
they
are
age-appropriate,
as
defined
in
section
20
8A.209,
subsection
4,
paragraph
“d”
.
The
board
shall
establish
21
the
procedure
for
a
citizen
residing
in
the
library’s
service
22
area
to
challenge
the
board’s
determination
that
an
item
is
23
age-appropriate.
If
a
hearing
is
held,
the
board
must
allow
24
three
minutes
of
public
comment
for
each
person
wishing
to
25
speak.
If
the
library
board
determines
that
the
item
is
26
age-appropriate,
the
city
council
shall
vote
to
affirm
or
27
reverse
that
decision.
The
governing
body
with
control
of
a
28
library
shall
not
allow
children
to
have
physical
access
or
the
29
ability
to
borrow
materials
that
are
not
age-appropriate.
30
c.
A
city
council
shall,
by
ordinance
or
resolution
as
31
applicable,
provide
for
the
transition
of
library
governance
in
32
accordance
with
this
section.
The
governing
body
may
determine
33
the
composition,
method
of
appointment,
and
duties
of
any
34
advisory
library
board
established
under
its
authority.
The
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library
director
shall
not
serve
as
the
chair
of
the
advisory
1
board
and
shall
not
appoint
the
members
of
the
advisory
board.
2
2.
A
library
board
may
accept
and
control
the
expenditure
3
of
all
All
gifts,
devises,
and
bequests
made
to
the
or
for
the
4
benefit
of
a
library
shall
be
accepted,
held,
and
expended
5
under
the
authority
of
the
city
council
.
6
3.
a.
A
proposal
to
alter
the
composition,
manner
of
7
selection,
or
charge
of
a
library
board,
or
to
replace
it
with
8
an
alternate
form
of
administrative
agency,
is
subject
to
the
9
approval
of
the
voters
of
the
city.
10
b.
The
proposal
may
be
submitted
to
the
voters
at
any
city
11
election
by
the
council
on
its
own
motion.
Upon
receipt
of
a
12
valid
petition
as
defined
in
section
362.4
,
requesting
that
a
13
proposal
be
submitted
to
the
voters,
the
council
shall
submit
14
the
proposal
at
the
next
regular
city
election.
A
proposal
15
submitted
to
the
voters
must
describe
with
reasonable
detail
16
the
action
proposed.
17
c.
If
a
majority
of
those
voting
approves
the
proposal,
the
18
city
may
proceed
as
proposed.
19
d.
If
a
majority
of
those
voting
does
not
approve
the
20
proposal,
the
same
or
a
similar
proposal
may
not
be
submitted
21
to
the
voters
of
the
city
for
at
least
four
years
from
the
date
22
of
the
election
at
which
the
proposal
was
defeated.
23
EXPLANATION
24
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
25
the
explanation’s
substance
by
the
members
of
the
general
assembly.
26
This
bill
relates
to
public
libraries,
including
eligibility
27
requirements
for
state
assistance
and
oversight
by
city
28
councils.
29
Current
law
requires
public
libraries
to
meet
certain
30
requirements
to
receive
state
assistance
through
the
enrich
31
Iowa
program.
The
bill
adds
the
requirement
that
eligible
32
public
libraries
enforce
age-appropriate
policies
that
prohibit
33
minors
from
accessing
materials
deemed
inappropriate
for
minors
34
and
allow
parents
access
to
monitor
their
child’s
borrowing
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2622
activity.
The
bill
defines
“age-appropriate”
as
topics
and
1
messages
suitable
to
particular
ages
based
on
developing
2
cognitive,
emotional,
and
behavioral
capacity
typical
for
the
3
age.
“Age-appropriate”
does
not
include
any
material
with
4
descriptions
or
visual
depictions
of
a
sex
act
as
defined
in
5
Code
section
702.17
or
728.1.
The
bill
requires
an
eligible
6
library
to
submit
an
annual
report
to
the
department
of
7
administrative
services
providing
proof
of
age-appropriate
8
policies
as
prescribed
by
the
department.
9
The
bill
provides
for
state
library
accreditation
standards
10
for
libraries.
11
The
bill
prohibits
any
public
funds
from
being
used
for
a
12
library
that
is
in
violation
of
the
age-appropriate
standards
13
described
in
the
bill.
14
Under
Code
section
22.7
(confidential
records),
library
15
records
that,
by
themselves
or
when
examined
with
other
public
16
records,
would
reveal
the
identity
of
the
library
patron
17
checking
out
or
requesting
an
item
or
information
from
the
18
library
shall
be
kept
confidential
unless
otherwise
allowed
19
by
a
court,
by
the
lawful
custodian
of
the
records,
or
by
20
another
person
duly
authorized
to
release
such
information.
21
However,
library
records
may
be
released
to
a
criminal
or
22
juvenile
justice
agency
only
pursuant
to
an
investigation
of
23
a
particular
person
or
organization
suspected
of
committing
24
a
known
crime
and
only
upon
a
judicial
determination
that
a
25
rational
connection
exists
between
the
requested
release
of
26
information
and
a
legitimate
end
and
that
the
need
for
the
27
information
is
cogent
and
compelling.
The
bill
provides
for
28
the
release
of
library
records
to
the
parent
or
guardian
of
a
29
library
patron
who
is
a
minor
child
upon
the
request
of
the
30
parent
or
guardian.
31
Under
current
law,
a
city
library
board
of
trustees
32
functions
to
oversee
public
libraries.
The
library
board
33
of
trustees
may
accept
and
control
the
expenditure
of
all
34
gifts,
devises,
and
bequests
to
the
library.
Any
proposal
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2622
to
change
the
composition,
manner
of
selection,
or
charge
of
1
the
library
board,
or
to
replace
it
with
an
alternative
form
2
of
administrative
agency,
is
subject
to
the
approval
of
the
3
voters
of
the
city.
If
a
majority
of
those
voting
approves
4
the
proposal,
the
city
may
proceed
as
proposed.
If
a
majority
5
of
those
voting
does
not
approve
the
proposal,
the
same
or
a
6
similar
proposal
may
not
be
submitted
to
the
voters
of
the
city
7
for
at
least
four
years
from
the
date
of
the
election
at
which
8
the
proposal
was
defeated.
9
Effective
July
1,
2026,
the
administrative,
financial,
10
oversight,
and
policy
authority
of
any
city
library
board
11
of
trustees
is
transferred
to
the
governing
body
of
the
12
jurisdiction
in
which
the
library
is
located.
The
bill
13
specifies
that
upon
transfer,
any
library
board
of
trustees
14
shall
be
reconstituted
or
redesigned
as
an
advisory
board,
15
serving
solely
in
an
advisory
capacity
to
the
city
council.
16
The
advisory
board
may
provide
recommendations
on
library
17
services,
programs,
budgeting
priorities,
and
long-range
18
planning,
and
may
submit
reports
to
the
city
council
as
19
requested.
The
bill
instructs
the
board
to
review
all
library
20
materials
to
determine
if
the
materials
are
age-appropriate.
21
The
board
shall
establish
the
procedure
for
a
citizen
residing
22
in
the
library’s
service
area
to
challenge
the
board’s
23
determination
that
an
item
is
age-appropriate.
If
a
hearing
is
24
held,
the
board
must
allow
three
minutes
of
public
comment
for
25
each
person
wishing
to
speak.
If
the
library
board
determines
26
that
the
item
is
age-appropriate,
the
city
council
shall
27
vote
to
affirm
or
reverse
that
decision.
The
governing
body
28
with
control
of
a
library
shall
not
allow
children
to
have
29
physical
access
or
the
ability
to
borrow
materials
that
are
not
30
age-appropriate.
31
Any
gifts,
devises,
or
bequests
made
to
the
library
shall
32
be
accepted,
held,
and
expended
under
the
authority
of
the
33
city
council
on
and
after
July
1,
2026.
The
bill
directs
city
34
councils
to
provide
for
the
transition
of
library
governance
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by
ordinance
or
resolution
in
accordance
with
Code
section
1
392.5.
The
governing
body
may
determine
the
composition,
2
method
of
appointment,
and
duties
of
any
advisory
library
board
3
established
under
its
authority.
The
bill
specifies
that
the
4
library
director
shall
not
serve
as
the
chair
of
the
advisory
5
board
and
shall
not
appoint
any
advisory
board
member.
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