Senate File 2432 H-8260 Amend Senate File 2432, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 1, before line 1 by inserting: 3 < DIVISION I 4 CITY BOARDS OF HEALTH —— CITY HEALTH DEPARTMENTS > 5 2. Page 2, after line 16 by inserting: 6 < DIVISION ___ 7 CITY LIBRARY OVERSIGHT 8 Sec. ___. Section 8A.209, subsection 4, Code 2026, is 9 amended by adding the following new paragraph: 10 NEW PARAGRAPH . d. Enforces age-appropriate policies that 11 prohibit minors from accessing materials deemed inappropriate 12 for minors and allow parents access to monitor their child’s 13 borrowing activity. Each eligible library shall submit to the 14 department an annual report providing proof of age-appropriate 15 policies as prescribed by the department. For purposes of this 16 paragraph, “age-appropriate” means topics and messages suitable 17 to particular ages based on developing cognitive, emotional, 18 and behavioral capacity typical for the age. “Age-appropriate” 19 does not include any material with descriptions or visual 20 depictions of a sex act as defined in section 702.17. 21 Sec. ___. NEW SECTION . 8A.212 State library —— standards 22 and accreditation program. 23 The state library shall provide performance measures to 24 encourage the ongoing development of high-quality public 25 library service in the state. The state library shall use the 26 most recent edition of “In Service to Iowa: Public Library 27 Measures of Quality” as the manual for the state library’s 28 standards program. The use of such manual for the program does 29 not include standards relating to American library association 30 standards or Iowa library association standards. The state 31 library’s standards and accreditation program shall not 32 require libraries to adhere to American library association 33 principles. Iowa’s voluntary public library standards program 34 is established to give public libraries a tool to identify 35 -1- SF 2432.3616 (2) 91 dg/ko 1/ 9 #1. #2.

strengths for improvement. The program shall be used to 1 document the condition of public library service in Iowa, to 2 distribute direct state aid funding, and to meet statutory 3 requirements. Program information shall be available on the 4 state library’s official internet site. 5 Sec. ___. Section 8A.222, Code 2026, is amended to read as 6 follows: 7 8A.222 Local financial support. 8 1. Commencing July 1, 1977, each city within its corporate 9 boundaries and each county within the unincorporated area of 10 the county shall levy a tax of at least six and three-fourths 11 cents per thousand dollars of assessed value on the taxable 12 property or at least the monetary equivalent thereof when all 13 or a portion of the funds are obtained from a source other than 14 taxation, for the purpose of providing financial support to the 15 public library which that provides library services within the 16 respective jurisdictions. 17 2. A library shall not receive moneys collected under this 18 section if the library is in violation of the age-appropriate 19 policies described in section 8A.209. 20 Sec. ___. Section 22.7, subsection 13, Code 2026, is amended 21 to read as follows: 22 13. a. The Except as otherwise provided in paragraphs “b” 23 and “c” , records of a library which that , by themselves or when 24 examined with other public records, would reveal the identity 25 of the library patron checking out or requesting an item or 26 information from the library. 27 b. The records shall be released to a criminal or 28 juvenile justice agency only pursuant to an investigation of 29 a particular person or organization suspected of committing 30 a known crime. The records shall be released only upon a 31 judicial determination that a rational connection exists 32 between the requested release of information and a legitimate 33 end and that the need for the information is cogent and 34 compelling. 35 -2- SF 2432.3616 (2) 91 dg/ko 2/ 9

c. The records shall be released to the parent or guardian 1 of a library patron who is a minor child upon the request of the 2 parent or guardian. 3 Sec. ___. Section 336.10, Code 2026, is amended by adding 4 the following new subsection: 5 NEW SUBSECTION . 3. A library shall not receive moneys from 6 this fund if the library is in violation of the age-appropriate 7 policies described in section 8A.209. 8 Sec. ___. NEW SECTION . 336.20 Age-appropriate material. 9 1. a. The board of library trustees shall adopt and enforce 10 age-appropriate policies for the library, as described in 11 section 8A.209. Such policies shall apply to any mobile and 12 temporary services, events, and retailers on library property. 13 Any violations of a policy that are not remedied within thirty 14 days shall constitute a violation of law and may be referred 15 to the county attorney. A library that is in violation of 16 age-appropriate policies and requirements is not eligible to 17 receive public funds. 18 b. If a library enters an agreement pursuant to chapter 28E 19 for the purpose of providing library services to a school, such 20 agreement shall provide that the age-appropriate policies of 21 the school will be enforced. Parental permissions granted to 22 a minor for the library, pursuant to subsection 2, shall not 23 apply to the student during school use of the library. 24 2. The library board shall review all library materials to 25 determine if the materials are age-appropriate, as defined in 26 section 8A.209, subsection 4, paragraph “d” . Material deemed 27 inappropriate for minors shall not be accessible to minors 28 unless parental approval has been given for each specific item. 29 3. The board shall establish a procedure for a citizen 30 residing in the library’s service area to challenge the board’s 31 determination that an item is age-appropriate. If a hearing is 32 held, the board must allow three minutes of public comment for 33 each person wishing to speak and up to thirty minutes total of 34 public comment. 35 -3- SF 2432.3616 (2) 91 dg/ko 3/ 9

Sec. ___. NEW SECTION . 336.21 Transparency —— publication 1 of library information. 2 1. The board of library trustees shall publish all of the 3 following information related to the board’s oversight of the 4 library on the library’s internet site: 5 a. A detailed explanation of the procedures or policies in 6 effect for the parent or guardian of a library patron who is 7 a minor to request the removal of material that is available 8 to the patron in the library. Each library shall prominently 9 display the detailed explanation on the library’s internet 10 site. 11 b. A detailed explanation of the procedures or policies in 12 effect to request the review of decisions made by the board 13 of trustees of the library, including the appeal process 14 established pursuant to section 336.22. 15 2. The board of library trustees shall adopt a policy 16 describing the procedures for the parent or guardian of a 17 library patron who is a minor or a citizen residing in the 18 library’s service area to review the age-appropriate materials 19 available in the library. The policy shall include a process 20 for a minor’s parent or guardian to request that the minor 21 not have access to certain materials. The policy shall be 22 prominently displayed on the library’s internet site and the 23 board of library trustees shall, at least annually, provide 24 a written or electronic copy of the policy to the parent or 25 guardian of each library patron who is a minor. 26 3. The identity of a parent or guardian who requests the 27 removal of material that is available to library patrons who 28 are minors pursuant to subsection 1, paragraph “a” , shall 29 be confidential and shall not be a public record subject to 30 disclosure under chapter 22. 31 4. This section shall not be construed to require the board 32 of library trustees to distribute any materials in a manner 33 that would infringe on the intellectual property rights of any 34 person. 35 -4- SF 2432.3616 (2) 91 dg/ko 4/ 9

Sec. ___. NEW SECTION . 336.22 Appeal —— governing body 1 meeting agenda —— public comment. 2 1. Upon appeal of a decision of the board of trustees of 3 the library filed with the governing body, the governing body 4 shall place the library board decision specified in the appeal 5 on the agenda of the next regular meeting of the governing body 6 or on the agenda of the governing body meeting held within 7 thirty days of receipt of the appeal filed in accordance with 8 this subsection. If the decision relates to age-appropriate 9 material, the governing body may halt access to the subject 10 materials until the governing body holds the meeting at which 11 the decision is presented and discussed. The meeting notice 12 shall include a brief description of the decision. 13 2. The governing body shall provide sufficient time to 14 receive public comment on the decision. The governing body 15 shall allow each interested member of the public to speak at 16 the meeting regarding the decision, but may impose a time limit 17 on the amount of time a member of the public is allowed to speak 18 if the time limit is the same for each speaker and necessary 19 due to the amount of people wishing to speak. 20 Sec. ___. NEW SECTION . 395.1 City libraries —— oversight by 21 city council. 22 1. The city council has all administrative, financial, 23 oversight, and policy authority of any city library under the 24 city’s jurisdiction. 25 2. The city shall enter an agreement pursuant to chapter 26 28E with any friends of the library group or similar nonprofit 27 organization existing in the city. The purpose of the 28 agreement is to assist the library in ensuring enforcement of 29 policies of the library. 30 3. The city council may appoint a library director. A 31 candidate for library director shall submit an application. A 32 candidate’s application shall be a public record. A public 33 hearing shall be held on the potential hiring before the city 34 council votes to appoint a library director. 35 -5- SF 2432.3616 (2) 91 dg/ko 5/ 9

Sec. ___. NEW SECTION . 395.2 City library board. 1 1. The city council may create an advisory library board of 2 trustees or dissolve an existing library board of trustees with 3 a two-thirds vote of the city council. Any existing library 4 board shall be reconstituted or redesigned as an advisory 5 board, serving solely in an advisory capacity to the city 6 council, until the city council votes to amend the makeup or 7 dissolve the board. 8 2. The library board of trustees shall be appointed by 9 the city council. Appointees shall submit applications as 10 prescribed by the city council. A candidate’s application 11 shall be a public record. A public hearing on the potential 12 appointment shall take place before the city council may vote 13 to confirm the appointment. A library board shall comply with 14 section 4A.12. 15 3. Library boards shall serve an advisory role to the 16 city council to provide recommendations on library services, 17 programs, budgeting priorities, and long-range planning, and 18 may submit reports to the city council as requested. 19 Sec. ___. NEW SECTION . 395.3 Age-appropriate material. 20 1. a. The city council shall adopt and enforce 21 age-appropriate policies for the library, as described in 22 section 8A.209. Such policies shall apply to any mobile and 23 temporary services, events, and retailers on library property. 24 Any violations of a policy that are not remedied within thirty 25 days shall constitute a violation of law and may be referred 26 to the county attorney. A city library that is in violation of 27 age-appropriate policies and requirements is not eligible to 28 receive public funds. 29 b. If a library enters an agreement pursuant to chapter 28E 30 for the purpose of providing library services to a school, such 31 agreement shall provide that the age-appropriate policies of 32 the school will be enforced. Parental permissions granted to 33 a minor for the library, pursuant to subsection 2, shall not 34 apply to the student during school use of the library. 35 -6- SF 2432.3616 (2) 91 dg/ko 6/ 9

2. The library board shall review all library materials to 1 determine if the materials are age-appropriate, as defined in 2 section 8A.209, subsection 4, paragraph “d” . Material deemed 3 inappropriate for minors shall not be accessible to minors 4 unless parental approval has been given for each specific item. 5 3. The board shall establish a procedure for a citizen 6 residing in the library’s service area to challenge the board’s 7 determination that an item is age-appropriate. If a hearing is 8 held, the board must allow three minutes of public comment for 9 each person wishing to speak and up to thirty minutes total of 10 public comment. 11 Sec. ___. NEW SECTION . 395.4 Transparency —— publication of 12 city library information. 13 1. The city council shall publish all of the following 14 information related to the council’s oversight of the library 15 on the library’s internet site: 16 a. A detailed explanation of the procedures or policies in 17 effect for the parent or guardian of a library patron who is 18 a minor to request the removal of material that is available 19 to the patron in the library. Each library shall prominently 20 display the detailed explanation on the library’s internet 21 site. 22 b. A detailed explanation of the procedures or policies in 23 effect to request the review of decisions made by the board 24 of trustees of the library, including the appeal process 25 established pursuant to section 395.5. 26 2. The city council shall adopt a policy describing the 27 procedures for the parent or guardian of a library patron who 28 is a minor or a citizen residing in the library’s service 29 area to review the age-appropriate materials available in the 30 library. The policy shall include a process for a minor’s 31 parent or guardian to request that the minor not have access to 32 certain materials. The policy shall be prominently displayed 33 on the library’s internet site and the city council shall, at 34 least annually, provide a written or electronic copy of the 35 -7- SF 2432.3616 (2) 91 dg/ko 7/ 9

policy to the parent or guardian of each library patron who is 1 a minor. 2 3. The identity of a parent or guardian who requests the 3 removal of material that is available to library patrons who 4 are minors pursuant to subsection 1, paragraph “a” , shall 5 be confidential and shall not be a public record subject to 6 disclosure under chapter 22. 7 4. This section shall not be construed to require the city 8 council to distribute any materials in a manner that would 9 infringe on the intellectual property rights of any person. 10 Sec. ___. NEW SECTION . 395.5 Appeal —— city council meeting 11 agenda —— public comment. 12 1. Upon appeal of a decision of the board of trustees of 13 the library filed with the city council, the city council shall 14 place the library board decision specified in the appeal on 15 the agenda of the next regular meeting of the city council 16 or on the agenda of the city council meeting held within 17 thirty days of receipt of the appeal filed in accordance with 18 this subsection. If the decision relates to age-appropriate 19 material, the city council may halt access to the subject 20 materials until the city council holds the council meeting at 21 which the decision is presented and discussed. The meeting 22 notice shall include a brief description of the decision. 23 2. The city council shall provide sufficient time to receive 24 public comment on the decision. The council shall allow 25 each interested member of the public to speak at the meeting 26 regarding the decision, but may impose a time limit on the 27 amount of time a member of the public is allowed to speak if the 28 time limit is the same for each speaker and necessary due to 29 the amount of people wishing to speak. 30 Sec. ___. REPEAL. Section 392.5, Code 2026, is repealed. > 31 3. Page 2, before line 17 by inserting: 32 < DIVISION ___ 33 EFFECTIVE DATE > 34 4. Title page, by striking lines 1 through 3 and inserting 35 -8- SF 2432.3616 (2) 91 dg/ko 8/ 9 #3.