House Study Bill 720 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON BODEN) 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 TLSB 5854YC (14) 91 ms/js

H.F. _____ 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 35 -1- LSB 5854YC (14) 91 ms/js 1/ 7

H.F. _____ 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 35 -2- LSB 5854YC (14) 91 ms/js 2/ 7

H.F. _____ 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 35 -3- LSB 5854YC (14) 91 ms/js 3/ 7

H.F. _____ 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 35 -4- LSB 5854YC (14) 91 ms/js 4/ 7

H.F. _____ 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 35 -5- LSB 5854YC (14) 91 ms/js 5/ 7

H.F. _____ 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 35 -6- LSB 5854YC (14) 91 ms/js 6/ 7

H.F. _____ 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. 6 -7- LSB 5854YC (14) 91 ms/js 7/ 7