Senate File 410 - Reprinted SENATE FILE 410 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SF 163) (COMPANION TO HF 103 BY WINCKLER) (As Amended and Passed by the Senate March 10, 2011 ) 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 SF 410 (3) 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- SF 410 (3) 84 kh/sc 1/ 11

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- SF 410 (3) 84 kh/sc 2/ 11

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- SF 410 (3) 84 kh/sc 3/ 11

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 paragraphs: 33 NEW PARAGRAPH . 0a. Provide support services to libraries, 34 including but not limited to consulting, continuing education, 35 -4- SF 410 (3) 84 kh/sc 4/ 11

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 NEW PARAGRAPH . l. Require a public library that receives 4 state funds to adopt a policy that addresses limiting access to 5 electronic media, videos, or video game resources by a child 6 under seventeen years of age if the media, video, or resource 7 has been assigned a rating of R or NC-17, or a comparable 8 rating, by the motion picture association of America, the film 9 advisory board, or the entertainment software rating board. 10 Sec. 13. Section 256.51, subsection 1, paragraph d, Code 11 2011, is amended to read as follows: 12 d. Develop, in consultation with the library service areas 13 and the area education agency media centers, a biennial unified 14 plan of service and service delivery for the division of 15 libraries and information library services. 16 Sec. 14. Section 256.51, subsection 1, paragraph j, Code 17 2011, is amended to read as follows: 18 j. Establish and administer standards for state agency 19 libraries , the library service areas, and public libraries. 20 Sec. 15. Section 256.51, subsection 1, paragraph k, Code 21 2011, is amended by striking the paragraph. 22 Sec. 16. Section 256.51, subsection 2, paragraph c, Code 23 2011, is amended to read as follows: 24 c. Accept gifts, contributions, bequests, endowments, 25 or other moneys, including but not limited to the Westgate 26 endowment fund, for any or all purposes of the division. 27 Interest earned on moneys accepted under this paragraph 28 shall be credited to the fund or funds to which the gifts, 29 contributions, bequests, endowments, or other moneys have been 30 deposited, and is available for any or all purposes of the 31 division. The division shall report annually to the director 32 commission and the general assembly regarding the gifts, 33 contributions, bequests, endowments, or other moneys accepted 34 pursuant to this paragraph and the interest earned on them. 35 -5- SF 410 (3) 84 kh/sc 5/ 11

S.F. 410 Sec. 17. Section 256.52, subsection 1, Code 2011, is amended 1 to read as follows: 2 1. a. The state commission of libraries consists of one 3 member appointed by the supreme court, the director of the 4 department of education, or the director’s designee, and six 5 the following seven members who shall be appointed by the 6 governor to serve four-year terms beginning and ending as 7 provided in section 69.19 . The governor’s appointees shall 8 (1) Two members shall be employed in the state as public 9 librarians. 10 (2) One member shall be a public library trustee. 11 (3) One member shall be employed in this state as an 12 academic librarian. 13 (4) One member shall be employed as a librarian by a school 14 district or area education agency. 15 (5) Two members shall be selected at large. 16 b. The members shall be reimbursed for their actual 17 expenditures necessitated by their official duties. Members 18 may also be eligible for compensation as provided in section 19 7E.6 . 20 Sec. 18. Section 256.52, subsection 3, paragraph b, 21 subparagraphs (1) and (4), Code 2011, are amended to read as 22 follows: 23 (1) Direct and organize the activities of Organize, staff, 24 and administer the division so as to render the greatest 25 benefit to libraries in the state . 26 (4) Appoint and approve the technical, professional, 27 excepting the law librarian, secretarial, and clerical staff 28 necessary to accomplish the purposes of the division subject 29 to chapter 8A, subchapter IV . 30 Sec. 19. Section 256.52, subsection 3, paragraph b, Code 31 2011, is amended by adding the following new subparagraph: 32 NEW SUBPARAGRAPH . (4A) (a) Assume all of the outstanding 33 obligations of the library service areas and be liable for 34 and recognize, assume, and carry out all valid contracts and 35 -6- SF 410 (3) 84 kh/sc 6/ 11

S.F. 410 obligations of the library service areas that are consolidated 1 under the commission and administered by the division effective 2 beginning July 1, 2011. Each library service area shall 3 transfer, prior to July 1, 2011, its state-funded assets and 4 title to any state-funded real estate owned by the library 5 service area to the state librarian. 6 (b) This subparagraph is repealed July 1, 2015. 7 Sec. 20. Section 256.52, subsection 5, Code 2011, is amended 8 to read as follows: 9 5. The commission shall receive and approve the budget and 10 unified plan of service submitted by the division of libraries 11 and information services . 12 Sec. 21. Section 256.54, subsection 1, Code 2011, is amended 13 to read as follows: 14 1. The state library includes but is not limited to a law 15 library the library support network, the specialized library 16 services unit, and the state data center. The law library 17 shall be under the direction of the specialized library 18 services unit. 19 Sec. 22. Section 256.54, subsection 2, unnumbered paragraph 20 1, Code 2011, is amended to read as follows: 21 The law library shall be administered by a law librarian 22 appointed by the director state librarian subject to chapter 23 8A, subchapter IV , who shall do all of the following: 24 Sec. 23. Section 256.55, unnumbered paragraph 1, Code 2011, 25 is amended to read as follows: 26 A state data center is established in the department 27 of education division . The state data center shall be 28 administered by the state data center coordinator, who shall 29 do all of the following: 30 Sec. 24. NEW SECTION . 256.58 Library support network. 31 1. A library support network is established in the division 32 to offer services and programs for libraries, including but not 33 limited to individualized, locally delivered consulting and 34 training, and to facilitate resource sharing and innovation 35 -7- SF 410 (3) 84 kh/sc 7/ 11

S.F. 410 through the use of technology, administer enrich Iowa programs, 1 advocate for libraries, promote excellence and innovation 2 in library services, encourage governmental subdivisions to 3 provide local financial support for local libraries, and ensure 4 the consistent availability of quality service to all libraries 5 throughout the state, regardless of location or size. 6 2. The organizational structure to deliver library support 7 network services shall include district offices. The district 8 offices shall serve as a basis for providing field services 9 to local libraries in the counties comprising the district. 10 The division shall determine which counties are served by each 11 district office. 12 Sec. 25. NEW SECTION . 256.59 Specialized library services. 13 The specialized library services unit is established in the 14 division to provide information services to the three branches 15 of state government and to offer focused information services 16 to the general public in the areas of Iowa law, Iowa state 17 documents, and Iowa history and culture. 18 Sec. 26. NEW SECTION . 256.62 Library services advisory 19 panel. 20 1. The state librarian shall convene a library services 21 advisory panel to advise and recommend to the commission and 22 the division evidence-based best practices, to assist the 23 commission and division to determine service priorities and 24 launch programs, articulate the needs and interests of Iowa 25 librarians, and share research and professional development 26 information. 27 2. The library services advisory panel shall consist of no 28 fewer than eleven members representing libraries of all sizes 29 and types, and various population levels and geographic regions 30 of the state. A simple majority of the members appointed 31 shall be appointed by the executive board of the Iowa library 32 association and the remaining members shall be appointed by 33 the state librarian. Terms of members shall begin and end 34 as provided in section 69.19. Any vacancy shall be filled 35 -8- SF 410 (3) 84 kh/sc 8/ 11

S.F. 410 in the same manner as regular appointments are made for the 1 unexpired portion of the regular term. Members shall serve 2 four-year terms which are staggered at the discretion of the 3 state librarian. A member is eligible for reappointment for 4 three successive terms. The members shall elect a chairperson 5 annually. 6 3. The library services advisory panel shall meet at least 7 twice annually and shall submit its recommendations in a 8 report to the commission and the state librarian at least once 9 annually. The report shall be timely submitted to allow for 10 consideration of the recommendations prior to program planning 11 and budgeting for the following fiscal year. 12 4. Members of the library services advisory panel shall 13 receive actual and necessary expenses incurred in the 14 performance of their duties. Expenses shall be paid from funds 15 appropriated to the department for purposes of the division. 16 Sec. 27. Section 256.70, unnumbered paragraph 1, Code 2011, 17 is amended to read as follows: 18 The division of libraries and information library services 19 of the department of education is hereby authorized to enter 20 into interstate library compacts on behalf of the state of Iowa 21 with any state bordering on Iowa which legally joins therein 22 in substantially the following form and the contracting states 23 agree that: 24 Sec. 28. Section 256.71, Code 2011, is amended to read as 25 follows: 26 256.71 Administrator. 27 The administrator of the division of libraries and 28 information library services shall be the compact 29 administrator. The compact administrator shall receive copies 30 of all agreements entered into by the state or its political 31 subdivisions and other states or political subdivisions; 32 consult with, advise and aid such governmental units in the 33 formulation of such agreements; make such recommendations to 34 the governor, legislature, governmental agencies and units as 35 -9- SF 410 (3) 84 kh/sc 9/ 11

S.F. 410 the administrator deems desirable to effectuate the purposes 1 of this compact and consult and co-operate cooperate with the 2 compact administrators of other party states. 3 Sec. 29. Section 273.2, subsection 4, Code 2011, is amended 4 to read as follows: 5 4. The area education agency board shall provide for special 6 education services and media services for the local school 7 districts in the area and shall encourage and assist school 8 districts in the area to establish programs for gifted and 9 talented children. The board shall assist in facilitating 10 interlibrary loans of materials between school districts and 11 other libraries. Each area education agency shall include 12 as a member of its media center advisory committee a library 13 service area trustee or library service area staff member, who 14 is appointed to the committee by the commission of libraries. 15 Sec. 30. Section 669.2, subsection 5, Code 2011, is amended 16 to read as follows: 17 5. “State agency” includes all executive departments, 18 agencies, boards, bureaus, and commissions of the state of 19 Iowa, and corporations whose primary function is to act as, and 20 while acting as, instrumentalities or agencies of the state of 21 Iowa, whether or not authorized to sue and be sued in their 22 own names. This definition does not include a contractor with 23 the state of Iowa. Soil and water conservation districts 24 as defined in section 161A.3, subsection 6 , and judicial 25 district departments of correctional services as established in 26 section 905.2 , and library service area boards of trustees as 27 established in chapter 256 are state agencies for purposes of 28 this chapter . 29 Sec. 31. Section 904.601, unnumbered paragraph 1, Code 30 2011, is amended to read as follows: 31 The director shall keep the following record of every person 32 committed to any of the department’s institutions: Name, 33 residence, sex, age, place of birth, occupation, civil 34 condition, date of entrance or commitment, date of discharge, 35 -10- SF 410 (3) 84 kh/sc 10/ 11

S.F. 410 whether a discharge is final, condition of the person when 1 discharged, the name of the institutions from which and to 2 which the person has been transferred, and if the person is 3 dead, the date and cause of death. The director may permit 4 the division of libraries and information library services of 5 the department of education and the historical division of 6 the department of cultural affairs to copy or reproduce by 7 any photographic, photostatic, microfilm, microcard, or other 8 process which accurately reproduces in a durable medium and to 9 destroy in the manner described by law the records of inmates 10 required by this paragraph. 11 Sec. 32. REPEAL. Sections 256.60, 256.61, 256.66 through 12 256.68, Code 2011, are repealed. 13 Sec. 33. TRANSITION PROVISION. A governor’s appointee 14 serving on the state commission of libraries on the effective 15 date of this Act shall continue to serve as a member of the 16 commission until the appointee’s term expires. 17 Sec. 34. LIBRARY SERVICE AREA EMPLOYEES —— LENGTH OF SERVICE 18 —— TRANSFER OF PERSONNEL RECORDS. 19 1. The length of service of a permanent employee of a 20 library service area who is employed by a library service area 21 on June 30, 2011, and who is hired by the division of library 22 services on or after July 1, 2011, shall be prorated and 23 credited as state employment service for purposes of vacation 24 and sick leave accrual. 25 2. The area administrator of each library service area 26 shall submit to the division of library services the personnel 27 records of each permanent full-time employee of the library 28 service area by July 1, 2011. 29 -11- SF 410 (3) 84 kh/sc 11/ 11