Bill Text: IA SSB3087 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act eliminating the commission of libraries and providing for properly related matters, and including effective date provisions.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-12 - Subcommittee recommends amendment and passage. [SSB3087 Detail]
Download: Iowa-2019-SSB3087-Introduced.html
Senate
Study
Bill
3087
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
SMITH)
A
BILL
FOR
An
Act
eliminating
the
commission
of
libraries
and
providing
1
for
properly
related
matters,
and
including
effective
date
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
7A.3,
subsection
1,
paragraph
g,
Code
1
2020,
is
amended
by
striking
the
paragraph.
2
Sec.
2.
Section
256.7,
unnumbered
paragraph
1,
Code
2020,
3
is
amended
to
read
as
follows:
4
Except
for
the
college
student
aid
commission,
the
5
commission
of
libraries
and
division
of
library
services,
and
6
the
public
broadcasting
board
and
division,
the
state
board
7
shall:
8
Sec.
3.
Section
256.9,
unnumbered
paragraph
1,
Code
2020,
9
is
amended
to
read
as
follows:
10
Except
for
the
college
student
aid
commission,
the
11
commission
of
libraries
and
division
of
library
services,
and
12
the
public
broadcasting
board
and
division,
the
director
shall:
13
Sec.
4.
Section
256.9,
subsection
4,
Code
2020,
is
amended
14
to
read
as
follows:
15
4.
a.
Employ
personnel
and
assign
duties
and
16
responsibilities
of
the
department.
17
b.
Appoint
the
state
librarian,
subject
to
chapter
8A,
18
subchapter
IV.
19
c.
The
director
shall
appoint
a
deputy
director
and
division
20
administrators
deemed
necessary.
They
shall
be
appointed
on
21
the
basis
of
their
professional
qualifications,
experience
in
22
administration,
and
background.
Members
of
the
professional
23
staff
are
not
subject
to
the
merit
system
provisions
of
chapter
24
8A,
subchapter
IV
,
and
are
subject
to
section
256.10
.
25
Sec.
5.
Section
256.9,
subsection
38,
Code
2020,
is
amended
26
by
striking
the
subsection.
27
Sec.
6.
Section
256.50,
subsection
1,
Code
2020,
is
amended
28
by
striking
the
subsection.
29
Sec.
7.
Section
256.50,
subsection
4,
paragraph
b,
Code
30
2020,
is
amended
to
read
as
follows:
31
b.
Materials
excluded
from
this
definition
by
the
commission
32
state
librarian
through
the
adoption
and
enforcement
of
rules.
33
Sec.
8.
Section
256.51,
subsection
1,
unnumbered
paragraph
34
1,
Code
2020,
is
amended
to
read
as
follows:
35
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The
division
of
library
services
is
attached
to
the
1
department
of
education
for
administrative
purposes.
The
state
2
librarian
shall
be
responsible
for
the
division’s
budgeting
and
3
related
management
functions
in
accordance
with
section
256.52,
4
subsection
3
2
.
The
division
shall
do
all
of
the
following:
5
Sec.
9.
Section
256.51,
subsection
2,
paragraph
c,
Code
6
2020,
is
amended
to
read
as
follows:
7
c.
Accept
gifts,
contributions,
bequests,
endowments,
8
or
other
moneys,
including
but
not
limited
to
the
Westgate
9
endowment
fund,
for
any
or
all
purposes
of
the
division.
10
Interest
earned
on
moneys
accepted
under
this
paragraph
11
shall
be
credited
to
the
fund
or
funds
to
which
the
gifts,
12
contributions,
bequests,
endowments,
or
other
moneys
have
been
13
deposited,
and
is
available
for
any
or
all
purposes
of
the
14
division.
The
division
shall
report
annually
to
the
commission
15
state
librarian
and
the
general
assembly
regarding
the
gifts,
16
contributions,
bequests,
endowments,
or
other
moneys
accepted
17
pursuant
to
this
paragraph
and
the
interest
earned
on
them.
18
Sec.
10.
Section
256.52,
Code
2020,
is
amended
to
read
as
19
follows:
20
256.52
Commission
of
libraries
established
——
duties
Duties
21
of
commission
and
state
librarian
——
state
library
fund
created.
22
1.
a.
The
state
commission
of
libraries
consists
of
one
23
member
appointed
by
the
supreme
court,
the
director
of
the
24
department
of
education,
or
the
director’s
designee,
and
the
25
following
seven
members
who
shall
be
appointed
by
the
governor
26
to
serve
four-year
terms
beginning
and
ending
as
provided
in
27
section
69.19
.
28
(1)
Two
members
shall
be
employed
in
the
state
as
public
29
librarians.
30
(2)
One
member
shall
be
a
public
library
trustee.
31
(3)
One
member
shall
be
employed
in
this
state
as
an
32
academic
librarian.
33
(4)
One
member
shall
be
employed
as
a
librarian
by
a
school
34
district
or
area
education
agency.
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(5)
Two
members
shall
be
selected
at
large.
1
b.
The
members
shall
be
reimbursed
for
their
actual
2
expenditures
necessitated
by
their
official
duties.
Members
3
may
also
be
eligible
for
compensation
as
provided
in
section
4
7E.6
.
5
2.
1.
The
commission
shall
elect
one
of
its
members
as
6
chairperson.
The
commission
shall
meet
at
the
time
and
place
7
specified
by
call
of
the
chairperson.
Five
members
are
a
8
quorum
for
the
transaction
of
business
director
shall
appoint
9
the
state
librarian
as
provided
in
section
256.9,
subsection
4
.
10
3.
2.
a.
The
commission
shall
appoint
the
state
librarian
11
who
shall
administer
the
division,
and
serve
at
the
pleasure
12
of
the
commission.
13
b.
The
state
librarian
shall
do
all
of
the
following:
14
(1)
a.
Organize,
staff,
and
administer
the
division
so
as
15
to
render
the
greatest
benefit
to
libraries
in
the
state.
16
(2)
b.
Submit
a
biennial
report
to
the
governor
on
the
17
activities
and
an
evaluation
of
the
division
and
its
programs
18
and
policies.
19
(3)
c.
Control
all
property
of
the
division.
The
state
20
librarian
may
dispose
of,
through
sale,
conveyance,
or
21
exchange,
any
library
materials
that
may
be
obsolete
or
worn
22
out
or
that
may
no
longer
be
needed
or
appropriate
to
the
23
mission
of
the
state
library
of
Iowa.
These
materials
may
be
24
sold
by
the
state
library
directly
or
the
library
may
sell
25
the
materials
by
consignment
with
an
outside
entity.
A
state
26
library
fund
is
created
in
the
state
treasury.
Proceeds
from
27
the
sale
of
the
library
materials
shall
be
remitted
to
the
28
treasurer
of
state
and
credited
to
the
state
library
fund
and
29
shall
be
used
for
the
purchase
of
books
and
other
library
30
materials.
Notwithstanding
section
8.33
,
any
balance
in
the
31
fund
on
June
30
of
any
fiscal
year
shall
not
revert
to
the
32
general
fund
of
the
state.
33
(4)
d.
Appoint
and
approve
the
technical,
professional,
34
secretarial,
and
clerical
staff
necessary
to
accomplish
the
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purposes
of
the
division
subject
to
chapter
8A,
subchapter
IV
.
1
(5)
e.
Perform
other
duties
imposed
by
law.
2
4.
3.
The
commission
state
librarian
shall
adopt
rules
3
under
chapter
17A
for
carrying
out
the
responsibilities
of
the
4
division.
5
5.
4.
The
commission
state
librarian
shall
receive
and
6
approve
the
budget
and
unified
plan
of
service
submitted
by
the
7
division.
8
Sec.
11.
Section
256.54,
subsection
2,
paragraphs
a
and
d,
9
Code
2020,
are
amended
to
read
as
follows:
10
a.
Operate
the
law
library
which
shall
be
maintained
in
the
11
state
capitol
or
in
rooms
convenient
to
the
state
supreme
court
12
and
which
shall
be
available
for
free
use
by
the
residents
of
13
Iowa
under
rules
the
commission
state
librarian
adopts.
14
d.
Perform
other
duties
imposed
by
law
or
by
the
rules
of
15
the
commission
state
librarian
.
16
Sec.
12.
Section
256.55,
subsections
1
and
3,
Code
2020,
are
17
amended
to
read
as
follows:
18
1.
Manage
the
state
data
center
program
to
make
United
19
States
census
data
available
to
the
residents
of
Iowa
under
20
rules
the
commission
state
librarian
adopts.
21
3.
Perform
other
duties
imposed
by
law
or
prescribed
by
the
22
commission
state
librarian
.
23
Sec.
13.
Section
256.57,
subsection
1,
Code
2020,
is
amended
24
to
read
as
follows:
25
1.
An
enrich
Iowa
program
is
established
in
the
division
26
to
provide
direct
state
assistance
to
public
libraries,
to
27
support
the
open
access
and
access
plus
programs,
to
provide
28
public
libraries
with
an
incentive
to
improve
library
services
29
that
are
in
compliance
with
performance
measures,
and
to
30
reduce
inequities
among
communities
in
the
delivery
of
library
31
services
based
on
performance
measures
adopted
by
rule
set
by
32
the
commission
division
.
The
commission
state
librarian
shall
33
adopt
rules
governing
the
allocation
of
funds
appropriated
by
34
the
general
assembly
for
purposes
of
this
section
to
provide
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direct
state
assistance
to
eligible
public
libraries.
A
public
1
library
is
eligible
for
funds
under
this
chapter
if
it
is
2
in
compliance
with
the
commission’s
division’s
performance
3
measures.
4
Sec.
14.
Section
256.57,
subsection
2,
paragraph
a,
Code
5
2020,
is
amended
to
read
as
follows:
6
a.
The
level
of
compliance
by
the
eligible
public
library
7
with
the
performance
measures
adopted
set
by
the
commission
8
division
as
provided
in
this
section
.
9
Sec.
15.
Section
256.57,
subsection
4,
paragraph
a,
10
subparagraph
(2),
Code
2020,
is
amended
to
read
as
follows:
11
(2)
An
application
and
accreditation
report,
in
a
format
12
approved
prescribed
by
the
commission
division
,
that
provides
13
evidence
of
the
library’s
compliance
with
at
least
one
level
of
14
the
standards
established
in
accordance
with
section
256.51,
15
subsection
1
,
paragraph
“k”
.
16
Sec.
16.
Section
256.62,
subsections
1
and
3,
Code
2020,
are
17
amended
to
read
as
follows:
18
1.
The
state
librarian
shall
may
convene
a
library
services
19
advisory
panel
to
advise
and
recommend
to
the
commission
20
and
the
division
evidence-based
best
practices,
to
assist
21
the
commission
state
librarian
and
division
to
determine
22
service
priorities
and
launch
programs,
articulate
the
needs
23
and
interests
of
Iowa
librarians,
and
share
research
and
24
professional
development
information.
25
3.
The
library
services
advisory
panel
shall
meet
at
least
26
twice
annually
as
often
as
the
state
librarian
deems
necessary
27
and
shall
submit
its
recommendations
in
a
report
to
the
28
commission
and
the
state
librarian
at
least
once
annually
.
The
29
report
shall
be
timely
submitted
to
allow
for
consideration
of
30
the
recommendations
prior
to
program
planning
and
budgeting
for
31
the
following
fiscal
year.
32
Sec.
17.
Section
256.70,
subsection
2,
Code
2020,
is
amended
33
to
read
as
follows:
34
2.
Article
II
——
Procedure.
The
appropriate
state
library
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officials
and
agencies
,
having
comparable
powers
with
those
of
1
the
state
librarian
of
Iowa
,
commission
of
libraries
of
the
2
party
states
or
any
of
their
political
subdivisions
may,
on
3
behalf
of
said
states
or
political
subdivisions,
enter
into
4
agreements
for
the
cooperative
or
joint
conduct
of
library
5
services
when
they
shall
find
that
the
execution
of
agreements
6
to
that
end
as
provided
herein
will
facilitate
library
7
services.
8
Sec.
18.
TRANSITIONAL
PROVISIONS.
9
1.
Administrative
rules.
The
rules
adopted
by
the
10
commission
of
libraries
as
codified
in
286
IAC,
chapters
1,
2,
11
3,
6,
7,
10,
11,
and
12,
shall
continue
in
full
force
and
effect
12
until
amended,
repealed,
or
supplemented
by
affirmative
action
13
of
the
state
librarian.
14
2.
Emergency
rules.
The
state
librarian
may
adopt
emergency
15
rules
under
section
17A.4,
subsection
3,
and
section
17A.5,
16
subsection
2,
paragraph
“b”,
to
implement
the
provisions
of
17
this
Act
and
the
rules
shall
be
effective
immediately
upon
18
filing
unless
a
later
date
is
specified
in
the
rules.
Any
19
rules
adopted
in
accordance
with
this
section
shall
also
be
20
published
as
a
notice
of
intended
action
as
provided
in
section
21
17A.4.
22
3.
Administrative
hearings
or
court
proceedings.
An
23
administrative
hearing
or
court
proceeding
arising
out
of
an
24
enforcement
action
under
chapter
256,
subchapter
III,
pending
25
on
the
effective
date
of
this
Act,
shall
not
be
affected
due
26
to
this
Act.
Any
cause
of
action
or
statute
of
limitations
27
relating
to
an
action
taken
by
the
commission
of
libraries
28
shall
not
be
affected
as
a
result
of
this
Act
and
such
cause
or
29
statute
of
limitation
shall
apply
to
the
state
librarian.
30
4.
Replacement
items.
A
replacement
item,
including
but
31
not
limited
to
logos,
stationery,
or
insignia,
that
is
made
due
32
to
the
effect
of
this
Act
shall
be
done
as
part
of
the
normal
33
replacement
cycle
for
such
item.
34
5.
Outstanding
contracts.
The
commission
of
libraries
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shall
assign
and
the
division
of
libraries
shall
assume
all
1
outstanding
agreements
executed
by
the
commission.
2
6.
Commission
members’
terms.
The
terms
of
members
serving
3
on
the
commission
of
libraries
abolished
by
this
Act
shall
4
expire
on
June
30,
2020.
5
Sec.
19.
EFFECTIVE
DATE.
This
Act
takes
effect
June
30,
6
2020.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
eliminates
the
commission
of
libraries,
which
11
currently
has
rulemaking
authority,
receives
and
approves
the
12
budget,
and
appoints
the
state
librarian,
and
requires
instead
13
that
the
director
of
the
department
of
education
appoint
14
the
state
librarian;
grants
the
state
librarian
rulemaking
15
authority;
and
distributes
various
commission-related
16
requirements
to
the
division
of
library
services
and
to
the
17
state
librarian.
18
The
division
is
attached
to
the
department
of
education
19
for
administrative
purposes,
but
currently
is
administered
by
20
the
state
librarian,
and
reports
to
the
commission.
The
bill
21
provides
that
the
division
is
administered
by
and
reports
to
22
the
state
librarian,
who
shall
receive
and
approve
the
budget
23
and
unified
plan
of
service
submitted
by
the
division.
24
Current
Code
provisions
relating
to
administrative
rules
25
include
a
requirement
that
the
law
library
be
available
for
26
free
use
by
residents
of
Iowa,
that
the
law
librarian
and
the
27
state
data
center
program
perform
duties
imposed
by
law
or
28
rule,
and
that
the
state
data
center
program
make
census
data
29
available
to
Iowa
residents.
30
The
enrich
Iowa
program
is
established
in
the
division.
31
Under
the
bill,
the
division
prescribes
the
program
application
32
and
accreditation
report
format
and
sets
the
program’s
33
performance
measures,
while
the
state
librarian
adopts
rules
34
governing
the
allocation
of
direct
state
assistance
to
eligible
35
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public
libraries.
One
of
the
factors
in
determining
the
amount
1
of
such
assistance
will
be
level
of
compliance
by
the
eligible
2
public
library
with
the
division’s
performance
measures.
3
Currently,
the
state
librarian
is
required
to
convene
4
a
library
services
advisory
panel
to
advise
and
make
5
recommendations
to
the
commission
and
the
division.
The
bill
6
authorizes
the
state
librarian
to
convene
such
a
panel
as
often
7
as
the
state
librarian
deems
necessary.
8
Also
currently,
the
division
may
enter
into
interstate
9
library
compacts
with
officials
and
agencies
in
other
states
10
who
have
comparable
powers.
Under
the
bill,
reference
to
the
11
commission’s
powers
is
replaced
with
a
reference
to
the
state
12
librarian’s
powers.
13
The
bill
includes
transitional
provisions
relating
to
rules
14
adopted
by
the
commission,
emergency
rulemaking
authority
15
for
the
state
librarian,
administrative
hearings
and
court
16
proceedings
arising
out
of
an
enforcement
action
under
the
17
affected
Code
provisions,
cause
of
action
or
statute
of
18
limitations
relating
to
an
action
taken
by
the
commission,
19
replacement
items,
outstanding
agreements
executed
by
the
20
commission,
and
the
expiration
of
commission
members’
terms.
21
The
bill
takes
effect
June
30,
2020.
22
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