Senate File 410 - Introduced SENATE FILE 410 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SF 163) (COMPANION TO HF 103 BY WINCKLER) 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. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1211SV (1) 84 kh/sc
S.F. 410 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 1211SV (1) 84 kh/sc 1/ 14
S.F. 410 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 1211SV (1) 84 kh/sc 2/ 14
S.F. 410 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 1211SV (1) 84 kh/sc 3/ 14
S.F. 410 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 1211SV (1) 84 kh/sc 4/ 14
S.F. 410 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 1211SV (1) 84 kh/sc 5/ 14
S.F. 410 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. 34 (b) This subparagraph is repealed July 1, 2015. 35 -6- LSB 1211SV (1) 84 kh/sc 6/ 14
S.F. 410 Sec. 20. Section 256.52, subsection 5, Code 2011, is amended 1 to read as follows: 2 5. The commission shall receive and approve the budget and 3 unified plan of service submitted by the division of libraries 4 and information services . 5 Sec. 21. Section 256.54, subsection 1, Code 2011, is amended 6 to read as follows: 7 1. The state library includes but is not limited to a law 8 library the library support network, the specialized library 9 services unit, and the state data center. The law library 10 shall be under the direction of the specialized library 11 services unit. 12 Sec. 22. Section 256.54, subsection 2, unnumbered paragraph 13 1, Code 2011, is amended to read as follows: 14 The law library shall be administered by a law librarian 15 appointed by the director state librarian subject to chapter 16 8A, subchapter IV , who shall do all of the following: 17 Sec. 23. Section 256.55, unnumbered paragraph 1, Code 2011, 18 is amended to read as follows: 19 A state data center is established in the department 20 of education division . The state data center shall be 21 administered by the state data center coordinator, who shall 22 do all of the following: 23 Sec. 24. NEW SECTION . 256.58 Library support network. 24 1. A library support network is established in the division 25 to offer services and programs for libraries, including but not 26 limited to individualized, locally delivered consulting and 27 training, and to facilitate resource sharing and innovation 28 through the use of technology, administer enrich Iowa programs, 29 advocate for libraries, promote excellence and innovation 30 in library services, encourage governmental subdivisions to 31 provide local financial support for local libraries, and ensure 32 the consistent availability of quality service to all libraries 33 throughout the state, regardless of location or size. 34 2. The organizational structure to deliver library support 35 -7- LSB 1211SV (1) 84 kh/sc 7/ 14
S.F. 410 network services shall include district offices. The district 1 offices shall serve as a basis for providing field services 2 to local libraries in the counties comprising the district. 3 The division shall determine which counties are served by each 4 district office. 5 Sec. 25. NEW SECTION . 256.59 Specialized library services. 6 The specialized library services unit is established in the 7 division to provide information services to the three branches 8 of state government and to offer focused information services 9 to the general public in the areas of Iowa law, Iowa state 10 documents, and Iowa history and culture. 11 Sec. 26. NEW SECTION . 256.62 Library services advisory 12 panel. 13 1. The state librarian shall convene a library services 14 advisory panel to advise and recommend to the commission and 15 the division evidence-based best practices, to assist the 16 commission and division to determine service priorities and 17 launch programs, articulate the needs and interests of Iowa 18 librarians, and share research and professional development 19 information. 20 2. The library services advisory panel shall consist of no 21 fewer than eleven members representing libraries of all sizes 22 and types, and various population levels and geographic regions 23 of the state. A simple majority of the members appointed 24 shall be appointed by the executive board of the Iowa library 25 association and the remaining members shall be appointed by 26 the state librarian. Terms of members shall begin and end 27 as provided in section 69.19. Any vacancy shall be filled 28 in the same manner as regular appointments are made for the 29 unexpired portion of the regular term. Members shall serve 30 four-year terms which are staggered at the discretion of the 31 state librarian. A member is eligible for reappointment for 32 three successive terms. The members shall elect a chairperson 33 annually. 34 3. The library services advisory panel shall meet at least 35 -8- LSB 1211SV (1) 84 kh/sc 8/ 14
S.F. 410 twice annually and shall submit its recommendations in a 1 report to the commission and the state librarian at least once 2 annually. The report shall be timely submitted to allow for 3 consideration of the recommendations prior to program planning 4 and budgeting for the following fiscal year. 5 4. Members of the library services advisory panel shall 6 receive actual and necessary expenses incurred in the 7 performance of their duties. Expenses shall be paid from funds 8 appropriated to the department for purposes of the division. 9 Sec. 27. Section 256.70, unnumbered paragraph 1, Code 2011, 10 is amended to read as follows: 11 The division of libraries and information library services 12 of the department of education is hereby authorized to enter 13 into interstate library compacts on behalf of the state of Iowa 14 with any state bordering on Iowa which legally joins therein 15 in substantially the following form and the contracting states 16 agree that: 17 Sec. 28. Section 256.71, Code 2011, is amended to read as 18 follows: 19 256.71 Administrator. 20 The administrator of the division of libraries and 21 information library services shall be the compact 22 administrator. The compact administrator shall receive copies 23 of all agreements entered into by the state or its political 24 subdivisions and other states or political subdivisions; 25 consult with, advise and aid such governmental units in the 26 formulation of such agreements; make such recommendations to 27 the governor, legislature, governmental agencies and units as 28 the administrator deems desirable to effectuate the purposes 29 of this compact and consult and co-operate cooperate with the 30 compact administrators of other party states. 31 Sec. 29. Section 273.2, subsection 4, Code 2011, is amended 32 to read as follows: 33 4. The area education agency board shall provide for special 34 education services and media services for the local school 35 -9- LSB 1211SV (1) 84 kh/sc 9/ 14
S.F. 410 districts in the area and shall encourage and assist school 1 districts in the area to establish programs for gifted and 2 talented children. The board shall assist in facilitating 3 interlibrary loans of materials between school districts and 4 other libraries. Each area education agency shall include 5 as a member of its media center advisory committee a library 6 service area trustee or library service area staff member, who 7 is appointed to the committee by the commission of libraries. 8 Sec. 30. Section 669.2, subsection 5, Code 2011, is amended 9 to read as follows: 10 5. “State agency” includes all executive departments, 11 agencies, boards, bureaus, and commissions of the state of 12 Iowa, and corporations whose primary function is to act as, and 13 while acting as, instrumentalities or agencies of the state of 14 Iowa, whether or not authorized to sue and be sued in their 15 own names. This definition does not include a contractor with 16 the state of Iowa. Soil and water conservation districts 17 as defined in section 161A.3, subsection 6 , and judicial 18 district departments of correctional services as established in 19 section 905.2 , and library service area boards of trustees as 20 established in chapter 256 are state agencies for purposes of 21 this chapter . 22 Sec. 31. Section 904.601, unnumbered paragraph 1, Code 23 2011, is amended to read as follows: 24 The director shall keep the following record of every person 25 committed to any of the department’s institutions: Name, 26 residence, sex, age, place of birth, occupation, civil 27 condition, date of entrance or commitment, date of discharge, 28 whether a discharge is final, condition of the person when 29 discharged, the name of the institutions from which and to 30 which the person has been transferred, and if the person is 31 dead, the date and cause of death. The director may permit 32 the division of libraries and information library services of 33 the department of education and the historical division of 34 the department of cultural affairs to copy or reproduce by 35 -10- LSB 1211SV (1) 84 kh/sc 10/ 14
S.F. 410 any photographic, photostatic, microfilm, microcard, or other 1 process which accurately reproduces in a durable medium and to 2 destroy in the manner described by law the records of inmates 3 required by this paragraph. 4 Sec. 32. REPEAL. Sections 256.60, 256.61, 256.66 through 5 256.68, Code 2011, are repealed. 6 Sec. 33. TRANSITION PROVISION. A governor’s appointee 7 serving on the state commission of libraries on the effective 8 date of this Act shall continue to serve as a member of the 9 commission until the appointee’s term expires. 10 Sec. 34. LIBRARY SERVICE AREA EMPLOYEES —— LENGTH OF SERVICE 11 —— TRANSFER OF PERSONNEL RECORDS. 12 1. The length of service of a permanent employee of a 13 library service area who is employed by a library service area 14 on June 30, 2011, and who is hired by the division of library 15 services on or after July 1, 2011, shall be prorated and 16 credited as state employment service for purposes of vacation 17 and sick leave accrual. 18 2. The area administrator of each library service area 19 shall submit to the division of library services the personnel 20 records of each permanent full-time employee of the library 21 service area by July 1, 2011. 22 EXPLANATION 23 This bill changes the name of the division of libraries and 24 information services within the department of education to the 25 division of library services, establishes that the division is 26 attached to the department for administrative purposes only, 27 establishes within the division a library support network and 28 a specialized library services unit, expands the membership 29 of the commission of libraries, directs the state librarian 30 to convene a library services advisory panel, and eliminates 31 the library service areas effective July 1, 2011, transfers 32 their duties to the division, and directs the state librarian 33 to assume all of the outstanding obligations of the library 34 service areas. 35 -11- LSB 1211SV (1) 84 kh/sc 11/ 14
S.F. 410 The state librarian is made responsible for the division’s 1 budgeting and related management functions, and is directed to 2 organize, staff, and administer the division so as to render 3 the greatest benefit to libraries in the state. 4 Each library service area is directed to transfer, prior 5 to July 1, 2011, its state-funded assets and title to any 6 state-funded real estate owned by the library service area to 7 the state librarian, who currently controls all property of the 8 division. 9 The division is directed to provide support services to 10 libraries, including but not limited to consulting, continuing 11 education, and interlibrary loan and references services to 12 assure consistency of service statewide and to encourage local 13 financial support for library services. 14 The commission of libraries membership is increased by one 15 member. Currently, members are appointed by the governor 16 and are appointed on an at-large basis. Under the bill, the 17 members include public librarians, a public library trustee, 18 an academic librarian, a school district or area education 19 agency librarian, and two members appointed on an at-large 20 basis. A governor’s appointee serving on the state commission 21 of libraries on the effective date of the bill shall continue 22 to serve as a member of the commission until the appointee’s 23 term expires. 24 The bill provides that the law librarian be appointed by the 25 state librarian, rather than the director of the department of 26 education. 27 A library support network is established in the division 28 to offer services and programs for libraries, including 29 individualized, locally delivered consulting services and 30 training, and to facilitate resource sharing and innovation 31 through the use of technology, administer enrich Iowa programs, 32 advocate for libraries throughout the state, provide support 33 for information technology, seek and offer opportunities 34 to libraries throughout the state, promote excellence and 35 -12- LSB 1211SV (1) 84 kh/sc 12/ 14
S.F. 410 innovation in library services, encourage governmental 1 subdivisions to provide local financial support for local 2 libraries, and ensure the consistent availability of quality 3 service to all libraries throughout the state, regardless of 4 location or size. 5 The specialized library services unit is established in the 6 division to provide information services to the three branches 7 of state government and to offer focused information services 8 to the general public in the areas of Iowa law, Iowa state 9 documents, and Iowa history and culture. 10 The library services advisory panel is tasked with 11 advising and recommending to the commission and the division 12 evidence-based best practices, assisting the commission and 13 division to determine service priorities and launch programs, 14 articulating the needs and interests of Iowa librarians, and 15 sharing research and professional development information. 16 The library services advisory panel consists of at least 11 17 members representing libraries of all sizes and types, and 18 various population levels and geographic regions of the state. 19 A simple majority of the members shall be appointed by the 20 executive board of the Iowa library association, with the state 21 librarian appointing the remaining members. Members shall 22 serve four-year terms which are staggered at the discretion of 23 the state librarian. A member is eligible for reappointment 24 for three successive terms. The members shall elect a 25 chairperson annually. Members of the library services advisory 26 panel shall receive actual and necessary expenses incurred in 27 the performance of their duties. Expenses are paid from funds 28 appropriated to the department for purposes of the division. 29 The library services advisory panel shall meet at least 30 twice annually and shall submit its recommendations in a 31 report to the commission and the state librarian at least once 32 annually in time to allow for consideration prior to program 33 planning and budgeting for the following fiscal year. 34 The length of service of a permanent full-time employee of a 35 -13- LSB 1211SV (1) 84 kh/sc 13/ 14
S.F. 410 library service area who is employed by a library service area 1 on June 30, 2011, and who is hired by the division on or after 2 July 1, 2011, shall be credited as state employment service 3 for purposes of vacation and sick leave accrual. The area 4 administrator of each library service area shall submit to the 5 division of libraries and information services the personnel 6 records of each permanent full-time employee of the library 7 service area by July 1, 2011. 8 -14- LSB 1211SV (1) 84 kh/sc 14/ 14