House File 456 - Introduced HOUSE FILE 456 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 103) A BILL FOR An Act relating to the duties and operations of the state 1 commission of libraries, the division of libraries and 2 information services, and the library service areas, and 3 including effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1211HV (2) 84 kh/sc
H.F. 456 Section 1. Section 8A.454, subsection 2, Code 2011, is 1 amended to read as follows: 2 2. A monthly per contract administrative charge shall 3 be assessed by the department on all health insurance plans 4 administered by the department in which the contract holder 5 has a state employer to pay the charge. The amount of the 6 administrative charge shall be established by the general 7 assembly. The department shall collect the administrative 8 charge from each department utilizing the centralized payroll 9 system and shall deposit the proceeds in the fund. In 10 addition, the state board of regents, all library service 11 areas, the state fair board, the state department of 12 transportation, and each judicial district department of 13 correctional services shall remit the administrative charge on 14 a monthly basis to the department and shall submit a report 15 to the department containing the number and type of health 16 insurance contracts held by each of its employees whose health 17 insurance is administered by the department. 18 Sec. 2. Section 8D.2, subsection 5, paragraph a, Code 2011, 19 is amended to read as follows: 20 a. “Public agency” means a state agency, an institution 21 under the control of the board of regents, the judicial 22 branch as provided in section 8D.13, subsection 16 , a school 23 corporation, a city library, a library service area as provided 24 in chapter 256 , a county library as provided in chapter 336 , 25 or a judicial district department of correctional services 26 established in section 905.2 , to the extent provided in section 27 8D.13, subsection 14 , an agency of the federal government, or a 28 United States post office which receives a federal grant for 29 pilot and demonstration projects. 30 Sec. 3. Section 8D.9, subsection 1, Code 2011, is amended 31 to read as follows: 32 1. A private or public agency, other than a state agency, 33 local school district or nonpublic school, city library, 34 library service area, county library, judicial branch, judicial 35 -1- LSB 1211HV (2) 84 kh/sc 1/ 14
H.F. 456 district department of correctional services, agency of the 1 federal government, a hospital or physician clinic, or a 2 post office authorized to be offered access pursuant to this 3 chapter as of May 18, 1994, shall certify to the commission 4 no later than July 1, 1994, that the agency is a part of or 5 intends to become a part of the network. Upon receiving such 6 certification from an agency not a part of the network on May 7 18, 1994, the commission shall provide for the connection of 8 such agency as soon as practical. An agency which does not 9 certify to the commission that the agency is a part of or 10 intends to become a part of the network as required by this 11 subsection shall be prohibited from using the network. 12 Sec. 4. Section 8D.11, subsection 4, Code 2011, is amended 13 to read as follows: 14 4. A political subdivision receiving communications 15 services from the state as of April 1, 1986, may continue to 16 do so but communications services shall not be provided or 17 resold to additional political subdivisions other than a school 18 corporation, a city library, a library service area as provided 19 in chapter 256 , and a county library as provided in chapter 20 336 . The rates charged to the political subdivision shall be 21 the same as the rates charged to state agencies. 22 Sec. 5. Section 12C.1, subsection 1, Code 2011, is amended 23 to read as follows: 24 1. All funds held by the following officers or institutions 25 shall be deposited in one or more depositories first approved 26 by the appropriate governing body as indicated: for the 27 treasurer of state, by the executive council; for judicial 28 officers and court employees, by the supreme court; for the 29 county treasurer, recorder, auditor, and sheriff, by the board 30 of supervisors; for the city treasurer or other designated 31 financial officer of a city, by the city council; for the 32 county public hospital or merged area hospital, by the board 33 of hospital trustees; for a memorial hospital, by the memorial 34 hospital commission; for a school corporation, by the board 35 -2- LSB 1211HV (2) 84 kh/sc 2/ 14
H.F. 456 of school directors; for a city utility or combined utility 1 system established under chapter 388 , by the utility board; 2 for a library service area established under chapter 256 , 3 by the library service area board of trustees; and for an 4 electric power agency as defined in section 28F.2 or 390.9 , 5 by the governing body of the electric power agency. However, 6 the treasurer of state and the treasurer of each political 7 subdivision or the designated financial officer of a city shall 8 invest all funds not needed for current operating expenses in 9 time certificates of deposit in approved depositories pursuant 10 to this chapter or in investments permitted by section 12B.10 . 11 The list of public depositories and the amounts severally 12 deposited in the depositories are matters of public record. 13 This subsection does not limit the definition of “public funds” 14 contained in subsection 2 . Notwithstanding provisions of this 15 section to the contrary, public funds of a state government 16 deferred compensation plan established by the executive council 17 may also be invested in the investment products authorized 18 under section 509A.12 . 19 Sec. 6. Section 218.22, Code 2011, is amended to read as 20 follows: 21 218.22 Record privileged. 22 Except with the consent of the administrator in charge 23 of an institution, or on an order of a court of record, the 24 record provided in section 218.21 shall be accessible only 25 to the administrator of the division of the department of 26 human services in control of such institution, the director 27 of the department of human services and to assistants and 28 proper clerks authorized by such administrator or the 29 administrator’s director. The administrator of the division 30 of such institution is authorized to permit the division of 31 libraries and information library services of the department 32 of education and the historical division of the department of 33 cultural affairs to copy or reproduce by any photographic, 34 photostatic, microfilm, microcard or other process which 35 -3- LSB 1211HV (2) 84 kh/sc 3/ 14
H.F. 456 accurately reproduces a durable medium for reproducing the 1 original and to destroy in the manner described by law such 2 records of residents designated in section 218.21 . 3 Sec. 7. Section 256.7, unnumbered paragraph 1, Code 2011, 4 is amended to read as follows: 5 Except for the college student aid commission , the 6 commission of libraries and division of library services, and 7 the public broadcasting board and division, the state board 8 shall: 9 Sec. 8. Section 256.7, subsection 17, Code 2011, is amended 10 to read as follows: 11 17. Receive and review the budget and unified plan of 12 service submitted by the division of libraries and information 13 library services. 14 Sec. 9. Section 256.9, unnumbered paragraph 1, Code 2011, 15 is amended to read as follows: 16 Except for the college student aid commission , the 17 commission of libraries and division of library services, and 18 the public broadcasting board and division, the director shall: 19 Sec. 10. Section 256.50, subsection 2, Code 2011, is amended 20 to read as follows: 21 2. “Division” means the division of libraries and 22 information library services of the department of education. 23 Sec. 11. Section 256.51, subsection 1, unnumbered paragraph 24 1, Code 2011, is amended to read as follows: 25 The division of libraries and information library services 26 is established within attached to the department of education 27 for administrative purposes . The state librarian shall be 28 responsible for the division’s budgeting and related management 29 functions in accordance section 256.52, subsection 3. The 30 division shall do all of the following: 31 Sec. 12. Section 256.51, subsection 1, Code 2011, is amended 32 by adding the following new paragraph: 33 NEW PARAGRAPH . 0a. Provide support services to libraries, 34 including but not limited to consulting, continuing education, 35 -4- LSB 1211HV (2) 84 kh/sc 4/ 14
H.F. 456 interlibrary loan services, and references services to assure 1 consistency of service statewide and to encourage local 2 financial support for library services. 3 Sec. 13. Section 256.51, subsection 1, paragraph d, Code 4 2011, is amended to read as follows: 5 d. Develop, in consultation with the library service areas 6 and the area education agency media centers, a biennial unified 7 plan of service and service delivery for the division of 8 libraries and information library services. 9 Sec. 14. Section 256.51, subsection 1, paragraph j, Code 10 2011, is amended to read as follows: 11 j. Establish and administer standards for state agency 12 libraries , the library service areas, and public libraries. 13 Sec. 15. Section 256.51, subsection 1, paragraph k, Code 14 2011, is amended by striking the paragraph. 15 Sec. 16. Section 256.51, subsection 2, paragraph c, Code 16 2011, is amended to read as follows: 17 c. Accept gifts, contributions, bequests, endowments, 18 or other moneys, including but not limited to the Westgate 19 endowment fund, for any or all purposes of the division. 20 Interest earned on moneys accepted under this paragraph 21 shall be credited to the fund or funds to which the gifts, 22 contributions, bequests, endowments, or other moneys have been 23 deposited, and is available for any or all purposes of the 24 division. The division shall report annually to the director 25 commission and the general assembly regarding the gifts, 26 contributions, bequests, endowments, or other moneys accepted 27 pursuant to this paragraph and the interest earned on them. 28 Sec. 17. Section 256.52, subsection 1, Code 2011, is amended 29 to read as follows: 30 1. a. The state commission of libraries consists of one 31 member appointed by the supreme court, the director of the 32 department of education, or the director’s designee, and six 33 the following seven members who shall be appointed by the 34 governor to serve four-year terms beginning and ending as 35 -5- LSB 1211HV (2) 84 kh/sc 5/ 14
H.F. 456 provided in section 69.19 . The governor’s appointees shall 1 (1) Two members shall be employed in the state as public 2 librarians. 3 (2) One member shall be a public library trustee. 4 (3) One member shall be employed in this state as an 5 academic librarian. 6 (4) One member shall be employed as a librarian by a school 7 district or area education agency. 8 (5) Two members shall be selected at large. 9 b. The members shall be reimbursed for their actual 10 expenditures necessitated by their official duties. Members 11 may also be eligible for compensation as provided in section 12 7E.6 . 13 Sec. 18. Section 256.52, subsection 3, paragraph b, 14 subparagraphs (1) and (4), Code 2011, are amended to read as 15 follows: 16 (1) Direct and organize the activities of Organize, staff, 17 and administer the division so as to render the greatest 18 benefit to libraries in the state . 19 (4) Appoint and approve the technical, professional, 20 excepting the law librarian, secretarial, and clerical staff 21 necessary to accomplish the purposes of the division subject 22 to chapter 8A, subchapter IV . 23 Sec. 19. Section 256.52, subsection 3, paragraph b, Code 24 2011, is amended by adding the following new subparagraph: 25 NEW SUBPARAGRAPH . (4A) (a) Assume all of the outstanding 26 obligations of the library service areas and be liable for 27 and recognize, assume, and carry out all valid contracts and 28 obligations of the library service areas that are consolidated 29 under the commission and administered by the division effective 30 beginning July 1, 2011. Each library service area shall 31 transfer, prior to July 1, 2011, its state-funded assets and 32 title to any state-funded real estate owned by the library 33 service area to the state librarian. In the event that the 34 remaining assets and liabilities cannot be transferred to the 35 -6- LSB 1211HV (2) 84 kh/sc 6/ 14
H.F. 456 state librarian, the board of directors of a library service 1 area shall liquidate all assets, settle existing liabilities, 2 and transfer remaining moneys to the general fund of the 3 state. In addition, all fund balances from appropriations of 4 state funds allocated to the library service areas remaining 5 unobligated and unencumbered on the date of the transfer shall 6 be transferred to the general fund of the state. 7 (b) This subparagraph is repealed July 1, 2015. 8 Sec. 20. Section 256.52, subsection 5, Code 2011, is amended 9 to read as follows: 10 5. The commission shall receive and approve the budget and 11 unified plan of service submitted by the division of libraries 12 and information services . 13 Sec. 21. Section 256.54, subsection 1, Code 2011, is amended 14 to read as follows: 15 1. The state library includes but is not limited to a law 16 library the library support network, the specialized library 17 services unit, and the state data center. The law library 18 shall be under the direction of the specialized library 19 services unit. 20 Sec. 22. Section 256.54, subsection 2, unnumbered paragraph 21 1, Code 2011, is amended to read as follows: 22 The law library shall be administered by a law librarian 23 appointed by the director state librarian subject to chapter 24 8A, subchapter IV , who shall do all of the following: 25 Sec. 23. Section 256.55, unnumbered paragraph 1, Code 2011, 26 is amended to read as follows: 27 A state data center is established in the department 28 of education division . The state data center shall be 29 administered by the state data center coordinator, who shall 30 do all of the following: 31 Sec. 24. NEW SECTION . 256.58 Library support network. 32 1. A library support network is established in the division 33 to offer services and programs for libraries, including but not 34 limited to individualized, locally delivered consulting and 35 -7- LSB 1211HV (2) 84 kh/sc 7/ 14
H.F. 456 training, and to facilitate resource sharing and innovation 1 through the use of technology, administer enrich Iowa programs, 2 advocate for libraries, promote excellence and innovation 3 in library services, encourage governmental subdivisions to 4 provide local financial support for local libraries, and ensure 5 the consistent availability of quality service to all libraries 6 throughout the state, regardless of location or size. 7 2. The organizational structure to deliver library support 8 network services shall include district offices. The district 9 offices shall serve as a basis for providing field services 10 to local libraries in the counties comprising the district. 11 The division shall determine which counties are served by each 12 district office. However, the number of district offices 13 established to provide services pursuant to this section shall 14 not exceed six. 15 Sec. 25. NEW SECTION . 256.59 Specialized library services. 16 The specialized library services unit is established in the 17 division to provide information services to the three branches 18 of state government and to offer focused information services 19 to the general public in the areas of Iowa law, Iowa state 20 documents, and Iowa history and culture. 21 Sec. 26. NEW SECTION . 256.62 Library services advisory 22 panel. 23 1. The state librarian shall convene a library services 24 advisory panel to advise and recommend to the commission and 25 the division evidence-based best practices, to assist the 26 commission and division to determine service priorities and 27 launch programs, articulate the needs and interests of Iowa 28 librarians, and share research and professional development 29 information. 30 2. The library services advisory panel shall consist of no 31 fewer than eleven members representing libraries of all sizes 32 and types, and various population levels and geographic regions 33 of the state. A simple majority of the members appointed 34 shall be appointed by the executive board of the Iowa library 35 -8- LSB 1211HV (2) 84 kh/sc 8/ 14
H.F. 456 association and the remaining members shall be appointed by 1 the state librarian. Terms of members shall begin and end 2 as provided in section 69.19. Any vacancy shall be filled 3 in the same manner as regular appointments are made for the 4 unexpired portion of the regular term. Members shall serve 5 four-year terms which are staggered at the discretion of the 6 state librarian. A member is eligible for reappointment for 7 three successive terms. The members shall elect a chairperson 8 annually. 9 3. The library services advisory panel shall meet at least 10 twice annually and shall submit its recommendations in a 11 report to the commission and the state librarian at least once 12 annually. The report shall be timely submitted to allow for 13 consideration of the recommendations prior to program planning 14 and budgeting for the following fiscal year. 15 4. Members of the library services advisory panel shall 16 receive actual and necessary expenses incurred in the 17 performance of their duties. Expenses shall be paid from funds 18 appropriated to the department for purposes of the division. 19 Sec. 27. Section 256.70, unnumbered paragraph 1, Code 2011, 20 is amended to read as follows: 21 The division of libraries and information library services 22 of the department of education is hereby authorized to enter 23 into interstate library compacts on behalf of the state of Iowa 24 with any state bordering on Iowa which legally joins therein 25 in substantially the following form and the contracting states 26 agree that: 27 Sec. 28. Section 256.71, Code 2011, is amended to read as 28 follows: 29 256.71 Administrator. 30 The administrator of the division of libraries and 31 information library services shall be the compact 32 administrator. The compact administrator shall receive copies 33 of all agreements entered into by the state or its political 34 subdivisions and other states or political subdivisions; 35 -9- LSB 1211HV (2) 84 kh/sc 9/ 14
H.F. 456 consult with, advise and aid such governmental units in the 1 formulation of such agreements; make such recommendations to 2 the governor, legislature, governmental agencies and units as 3 the administrator deems desirable to effectuate the purposes 4 of this compact and consult and co-operate with the compact 5 administrators of other party states. 6 Sec. 29. Section 273.2, subsection 4, Code 2011, is amended 7 to read as follows: 8 4. The area education agency board shall provide for special 9 education services and media services for the local school 10 districts in the area and shall encourage and assist school 11 districts in the area to establish programs for gifted and 12 talented children. The board shall assist in facilitating 13 interlibrary loans of materials between school districts and 14 other libraries. Each area education agency shall include 15 as a member of its media center advisory committee a library 16 service area trustee or library service area staff member, who 17 is appointed to the committee by the commission of libraries. 18 Sec. 30. Section 669.2, subsection 5, Code 2011, is amended 19 to read as follows: 20 5. “State agency” includes all executive departments, 21 agencies, boards, bureaus, and commissions of the state of 22 Iowa, and corporations whose primary function is to act as, and 23 while acting as, instrumentalities or agencies of the state of 24 Iowa, whether or not authorized to sue and be sued in their 25 own names. This definition does not include a contractor with 26 the state of Iowa. Soil and water conservation districts 27 as defined in section 161A.3, subsection 6 , and judicial 28 district departments of correctional services as established in 29 section 905.2 , and library service area boards of trustees as 30 established in chapter 256 are state agencies for purposes of 31 this chapter . 32 Sec. 31. Section 904.601, unnumbered paragraph 1, Code 33 2011, is amended to read as follows: 34 The director shall keep the following record of every person 35 -10- LSB 1211HV (2) 84 kh/sc 10/ 14
H.F. 456 committed to any of the department’s institutions: Name, 1 residence, sex, age, place of birth, occupation, civil 2 condition, date of entrance or commitment, date of discharge, 3 whether a discharge is final, condition of the person when 4 discharged, the name of the institutions from which and to 5 which the person has been transferred, and if the person is 6 dead, the date and cause of death. The director may permit 7 the division of libraries and information library services of 8 the department of education and the historical division of 9 the department of cultural affairs to copy or reproduce by 10 any photographic, photostatic, microfilm, microcard, or other 11 process which accurately reproduces in a durable medium and to 12 destroy in the manner described by law the records of inmates 13 required by this paragraph. 14 Sec. 32. REPEAL. Sections 256.60, 256.61, 256.66 through 15 256.68, Code 2011, are repealed. 16 Sec. 33. TRANSITION PROVISION. A governor’s appointee 17 serving on the state commission of libraries on the effective 18 date of this Act shall continue to serve as a member of the 19 commission until the appointee’s term expires. 20 Sec. 34. LIBRARY SERVICE AREA EMPLOYEES —— LENGTH OF SERVICE 21 —— TRANSFER OF PERSONNEL RECORDS. 22 1. The length of service of a permanent employee of a 23 library service area who is employed by a library service area 24 on June 30, 2011, and who is hired by the division of library 25 services on or after July 1, 2011, shall be prorated and 26 credited as state employment service for purposes of vacation 27 and sick leave accrual. 28 2. The area administrator of each library service area 29 shall submit to the division of library services the personnel 30 records of each permanent full-time employee of the library 31 service area by July 1, 2011. 32 Sec. 35. EFFECTIVE UPON ENACTMENT. This Act, being deemed 33 of immediate importance, takes effect upon enactment. 34 EXPLANATION 35 -11- LSB 1211HV (2) 84 kh/sc 11/ 14
H.F. 456 This bill changes the name of the division of libraries and 1 information services within the department of education to the 2 division of library services, establishes that the division is 3 attached to the department for administrative purposes only, 4 establishes within the division a library support network and 5 a specialized library services unit, expands the membership 6 of the commission of libraries, directs the state librarian 7 to convene a library services advisory panel, and eliminates 8 the library service areas effective July 1, 2011, transfers 9 their duties to the division, and directs the state librarian 10 to assume all of the outstanding obligations of the library 11 service areas. 12 The state librarian is made responsible for the division’s 13 budgeting and related management functions, and is directed to 14 organize, staff, and administer the division so as to render 15 the greatest benefit to libraries in the state. 16 Each library service area is directed to transfer, prior 17 to July 1, 2011, its state-funded assets and title to any 18 state-funded real estate owned by the library service area 19 to the state librarian, who currently controls all property 20 of the division. In the event that the remaining assets and 21 liabilities cannot be transferred to the state librarian, the 22 board of directors of a library service area shall liquidate 23 all assets, settle existing liabilities, and transfer remaining 24 moneys to the general fund of the state. In addition, all fund 25 balances from appropriations of state funds allocated to the 26 library service areas remaining unobligated and unencumbered on 27 the date of the transfer shall be transferred to the general 28 fund of the state. 29 The division is directed to provide support services to 30 libraries, including but not limited to consulting, continuing 31 education, and interlibrary loan and references services to 32 assure consistency of service statewide and to encourage local 33 financial support for library services. 34 The commission of libraries membership is increased by one 35 -12- LSB 1211HV (2) 84 kh/sc 12/ 14
H.F. 456 member. Currently, members are appointed by the governor 1 and are appointed on an at-large basis. Under the bill, the 2 members include public librarians, a public library trustee, 3 an academic librarian, a school district or area education 4 agency librarian, and two members appointed on an at-large 5 basis. A governor’s appointee serving on the state commission 6 of libraries on the effective date of the bill shall continue 7 to serve as a member of the commission until the appointee’s 8 term expires. 9 The bill provides that the law librarian be appointed by the 10 state librarian, rather than the director of the department of 11 education. 12 A library support network is established in the division 13 to offer services and programs for libraries, including 14 individualized, locally delivered consulting services and 15 training, and to facilitate resource sharing and innovation 16 through the use of technology, administer enrich Iowa programs, 17 advocate for libraries throughout the state, provide support 18 for information technology, seek and offer opportunities 19 to libraries throughout the state, promote excellence and 20 innovation in library services, encourage governmental 21 subdivisions to provide local financial support for local 22 libraries, and ensure the consistent availability of quality 23 service to all libraries throughout the state, regardless 24 of location or size. The bill limits to six the number of 25 district offices that can be established to provide the 26 services. 27 The specialized library services unit is established in the 28 division to provide information services to the three branches 29 of state government and to offer focused information services 30 to the general public in the areas of Iowa law, Iowa state 31 documents, and Iowa history and culture. 32 The library services advisory panel is tasked with 33 advising and recommending to the commission and the division 34 evidence-based best practices, assisting the commission and 35 -13- LSB 1211HV (2) 84 kh/sc 13/ 14
H.F. 456 division to determine service priorities and launch programs, 1 articulating the needs and interests of Iowa librarians, and 2 sharing research and professional development information. 3 The library services advisory panel consists of at least 11 4 members representing libraries of all sizes and types, and 5 various population levels and geographic regions of the state. 6 A simple majority of the members shall be appointed by the 7 executive board of the Iowa library association, with the state 8 librarian appointing the remaining members. Members shall 9 serve four-year terms which are staggered at the discretion of 10 the state librarian. A member is eligible for reappointment 11 for three successive terms. The members shall elect a 12 chairperson annually. Members of the library services advisory 13 panel shall receive actual and necessary expenses incurred in 14 the performance of their duties. Expenses are paid from funds 15 appropriated to the department for purposes of the division. 16 The library services advisory panel shall meet at least 17 twice annually and shall submit its recommendations in a 18 report to the commission and the state librarian at least once 19 annually in time to allow for consideration prior to program 20 planning and budgeting for the following fiscal year. 21 The length of service of a permanent full-time employee of a 22 library service area who is employed by a library service area 23 on June 30, 2011, and who is hired by the division on or after 24 July 1, 2011, shall be credited as state employment service 25 for purposes of vacation and sick leave accrual. The area 26 administrator of each library service area shall submit to the 27 division of libraries and information services the personnel 28 records of each permanent full-time employee of the library 29 service area by July 1, 2011. 30 The bill takes effect upon enactment. 31 -14- LSB 1211HV (2) 84 kh/sc 14/ 14