HF 2055 (LSB 5503YH (8) 85)

HOUSE FILE 2055

BY  RIDING, LANDON, ABDUL-SAMAD, GAINES, GASKILL, HEARTSILL, LENSING, STAED, VANDER LINDEN, MUHLBAUER, KEARNS, and SHEETS

A BILL FOR

An Act relating to Iowa’s public records Act and library records of a minor.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 22.7, subsection 13, Code 2014, is amended to read as follows:
   13.  a.  The Except as otherwise provided in paragraphs “b” and “c”, records of a library which, by themselves or when examined with other public records, would reveal the identity of the library patron checking out or requesting an item or information from the library.
   b.  The records shall be released to a criminal or juvenile justice agency only pursuant to an investigation of a particular person or organization suspected of committing a known crime. The records shall be released only upon a judicial determination that a rational connection exists between the requested release of information and a legitimate end and that the need for the information is cogent and compelling.
   c.  The records shall be released to the parent or guardian of a library patron who is a minor child upon the request of the parent or guardian.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   Under Iowa Code section 22.7, library records which, by themselves or when examined with other public records, would reveal the identity of the library patron checking out or requesting an item or information from the library shall be kept confidential unless otherwise allowed by a court, by the lawful custodian of the records, or by another person duly authorized to release such information. However, the Code section does allow the release of library records to a criminal or juvenile justice agency only pursuant to an investigation of a particular person or organization suspected of committing a known crime and only upon a judicial determination that a rational connection exists between the requested release of information and a legitimate end and that the need for the information is cogent and compelling.
   This bill also provides for the release of library records to the parent or guardian of a library patron who is a minor child upon the request of the parent or guardian.