HSB 720 (LSB 5854YC (14) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON LOCAL GOVERNMENT BILL BY CHAIRPERSON BODEN)

A BILL FOR

An Act relating to public libraries, including eligibility requirements for state assistance and oversight by city councils.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 8A.209, subsection 4, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  Enforces age-appropriate policies that prohibit minors from accessing materials deemed inappropriate for minors and allow parents access to monitor their child’s borrowing activity. Each eligible library shall submit to the department an annual report providing proof of age-appropriate policies as prescribed by the department. For purposes of this paragraph, “age-appropriate” means topics and messages suitable to particular ages based on developing cognitive, emotional, and behavioral capacity typical for the age. “Age-appropriate” does not include any material with descriptions or visual depictions of a sex act as defined in section 702.17 or section 728.1.
    Sec. 2.  NEW SECTION.  8A.212  State library —— standards and accreditation program.
   The state library shall provide performance measures to encourage the ongoing development of high-quality public library service in the state. The state library shall use the most recent edition of “In Service to Iowa: Public Library Measures of Quality” as the manual for the state library’s standards program. The use of such manual for the program does not include standards relating to American library association standards or Iowa library association standards. Iowa’s voluntary public library standards program is established to give public libraries a tool to identify strengths for improvement. The program shall be used to document the condition of public library service in Iowa, to distribute direct state aid funding, and to meet statutory requirements. Program information shall be available on the state library’s official internet site.
    Sec. 3.  Section 8A.222, Code 2026, is amended to read as follows:
   8A.222  Local financial support.
   1.  Commencing July 1, 1977, each city within its corporate boundaries and each county within the unincorporated area of the county shall levy a tax of at least six and three-fourths cents per thousand dollars of assessed value on the taxable property or at least the monetary equivalent thereof when all or a portion of the funds are obtained from a source other than taxation, for the purpose of providing financial support to the public library which that provides library services within the respective jurisdictions.
   2.  A library shall not receive moneys collected under this section if the library is in violation of the age-appropriate standards described in section 8A.209.
    Sec. 4.  Section 22.7, subsection 13, Code 2026, is amended to read as follows:
   13.  a.  The Except as otherwise provided in paragraphs “b” and “c”, records of a library which that, 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.
    Sec. 5.  Section 336.10, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  A library shall not receive moneys from this fund if the library is in violation of the age-appropriate standards described in section 8A.209.
    Sec. 6.  Section 392.5, Code 2026, is amended to read as follows:
   392.5  Library board.
   1.  a.  A city library board of trustees functioning on the effective date of the city code shall continue to function in the same manner until altered or discontinued as provided in this section Effective July 1, 2026, all administrative, financial, oversight, and policy authority of any city library board of trustees shall be transferred to the governing body of the jurisdiction in which the library is located.
   b.  In order for the board to function in the same manner, the council shall retain all applicable ordinances, and shall adopt as ordinances all applicable state statutes repealed by 
1972 Iowa Acts, ch. 1088
 Upon transfer, any existing library board shall be reconstituted or redesigned as an advisory board, serving solely in an advisory capacity to the city council.  Such board may provide recommendations on library services, programs, budgeting priorities, and long-range planning, and may submit reports to the city council as requested. Such board shall review all library materials to determine if they are age-appropriate, as defined in section 8A.209, subsection 4, paragraph “d”. The board shall establish the procedure for a citizen residing in the library’s service area to challenge the board’s determination that an item is age-appropriate. If a hearing is held, the board must allow three minutes of public comment for each person wishing to speak. If the library board determines that the item is age-appropriate, the city council shall vote to affirm or reverse that decision. The governing body with control of a library shall not allow children to have physical access or the ability to borrow materials that are not age-appropriate.
   c.  A city council shall, by ordinance or resolution as applicable, provide for the transition of library governance in accordance with this section. The governing body may determine the composition, method of appointment, and duties of any advisory library board established under its authority. The library director shall not serve as the chair of the advisory board and shall not appoint the members of the advisory board.
   2.  A library board may accept and control the expenditure of all All gifts, devises, and bequests made to the or for the benefit of a library shall be accepted, held, and expended under the authority of the city council.
   3.  a.  A proposal to alter the composition, manner of selection, or charge of a library board, or to replace it with an alternate form of administrative agency, is subject to the approval of the voters of the city.
   b.  The proposal may be submitted to the voters at any city election by the council on its own motion. Upon receipt of a valid petition as defined in section 362.4, requesting that a proposal be submitted to the voters, the council shall submit the proposal at the next regular city election. A proposal submitted to the voters must describe with reasonable detail the action proposed.
   c.  If a majority of those voting approves the proposal, the city may proceed as proposed.
   d.  If a majority of those voting does not approve the proposal, the same or a similar proposal may not be submitted to the voters of the city for at least four years from the date of the election at which the proposal was defeated.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to public libraries, including eligibility requirements for state assistance and oversight by city councils.
   Current law requires public libraries to meet certain requirements to receive state assistance through the enrich Iowa program. The bill adds the requirement that eligible public libraries enforce age-appropriate policies that prohibit minors from accessing materials deemed inappropriate for minors and allow parents access to monitor their child’s borrowing activity. The bill defines “age-appropriate” as topics and messages suitable to particular ages based on developing cognitive, emotional, and behavioral capacity typical for the age. “Age-appropriate” does not include any material with descriptions or visual depictions of a sex act as defined in Code section 702.17 or 728.1. The bill requires an eligible library to submit an annual report to the department of administrative services providing proof of age-appropriate policies as prescribed by the department.
   The bill provides for state library accreditation standards for libraries.
   The bill prohibits any public funds from being used for a library that is in violation of the age-appropriate standards described in the bill.
   Under Code section 22.7 (confidential records), library records that, 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, library records may 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 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. The bill 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.
   Under current law, a city library board of trustees functions to oversee public libraries. The library board of trustees may accept and control the expenditure of all gifts, devises, and bequests to the library. Any proposal to change the composition, manner of selection, or charge of the library board, or to replace it with an alternative form of administrative agency, is subject to the approval of the voters of the city. If a majority of those voting approves the proposal, the city may proceed as proposed. If a majority of those voting does not approve the proposal, the same or a similar proposal may not be submitted to the voters of the city for at least four years from the date of the election at which the proposal was defeated.
   Effective July 1, 2026, the administrative, financial, oversight, and policy authority of any city library board of trustees is transferred to the governing body of the jurisdiction in which the library is located. The bill specifies that upon transfer, any library board of trustees shall be reconstituted or redesigned as an advisory board, serving solely in an advisory capacity to the city council. The advisory board may provide recommendations on library services, programs, budgeting priorities, and long-range planning, and may submit reports to the city council as requested. The bill instructs the board to review all library materials to determine if the materials are age-appropriate. The board shall establish the procedure for a citizen residing in the library’s service area to challenge the board’s determination that an item is age-appropriate. If a hearing is held, the board must allow three minutes of public comment for each person wishing to speak. If the library board determines that the item is age-appropriate, the city council shall vote to affirm or reverse that decision. The governing body with control of a library shall not allow children to have physical access or the ability to borrow materials that are not age-appropriate.
    Any gifts, devises, or bequests made to the library shall be accepted, held, and expended under the authority of the city council on and after July 1, 2026. The bill directs city councils to provide for the transition of library governance by ordinance or resolution in accordance with Code section 392.5. The governing body may determine the composition, method of appointment, and duties of any advisory library board established under its authority. The bill specifies that the library director shall not serve as the chair of the advisory board and shall not appoint any advisory board member.