IOWA CODE PERTAINING TO LIBRARIES
22.7 Confidential records.
The following public records shall be kept confidential, unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information:
13. The records of a library which, 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. 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.
[C71, 73, 75, 77, 79, 81, §68A.7; 1981 Acts, ch 36, §1, 1981 Acts, ch 37, §1, 1981 Acts, ch 38, §1, 1981 Acts, ch 62, §4]83 Acts, ch 90, §9, 84 Acts, ch 1014, §1, 84 Acts, ch 1185, §5, 622.7
256.69 Local financial support.
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 provides library services within the respective jurisdictions.
1993 Acts, ch 48, §32Referred to in 256.51, 336.13, 692A.101
336.18 Contracts to use city library.
1. A school corporation, township, or library district may contract for the use by its residents of a city library. A contract by a county shall supersede all contracts by townships or school corporations within the county outside of cities.
2. a. Contracts shall provide for the amount to be contributed. They may, by mutual consent of the contracting parties, be terminated at any time. They may also be terminated by a majority of the voters represented by either of the contracting parties, voting on the question to terminate which shall be submitted by the governing body upon a written petition of eligible electors in a number not less than five percent of those who voted in the area for president of the United States or governor at the last general election.
b. The question may be submitted at any election provided by law which covers the area.of the unit seeking to terminate the contract. The petition shall be presented to the governing body not less than ten days before the last day candidates may file nominatioN petitions for the election at which the question is to be submitted.
3. The board of trustees of any township which has entered into a contract shall at the April meeting levy a tax not exceeding six and three-fourths cents per thousand dollars of assessed valuation on all taxable property in the township to create a fund to fulfill its obligation under the contract.
4.a. Eligible electors of that part of any county outside of cities in a number of not less than twenty-five percent of those in the area who voted for president of the United States or governor at the last general election may petition the board of supervisors to submit the question of requiring the board to provide library service for them and their area by contract as provided by this section.
b. The board of supervisors shall submit the question to the voters of the county residing outside of cities at the next general election. The petition shall be filed not less than ten days before the last day candidates may file nomination petitions for the election at which the question is to be submitted.
c. If a majority of those voting upon the question favors it, the board of supervisors shall contract with a library for library use or service for the benefit of the residents and area represented by it.
[S13, §592-a, 792-a; SS15, §422; C24, 27, 31, 35, 39, §5859, 5861 – 5863; C46, 50, 54, 58, 62, 66, 71, 73, §378.11, 378.13 – 378.15; C75, 77, 79, 81, S81, §358B.18; 1981 Acts, ch 117, §1075]83 Acts, ch 123, §166, 167, 209336.182001 Acts, ch 56, §25, 26, 2001 Acts, ch 158, §36, 2002 Acts, ch 1134, §98, 99, 115, 2010 Acts, ch 1031, §332 Referred to in 331.321, 331.381
336.3 Gifts.
When a gift for library purposes is accepted by a county or city, its use for the library may be enforced against the board of supervisors or city council by the library board by an action of mandamus or by other proper action.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §358B.3; 1981 Acts, ch 117, §1072]C93, §336.32001 Acts, ch 158, §27 Referred to in 331.381
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.
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 Acts, ch 1088, §.
2. A library board may accept and control the expenditure of all gifts, devises, and bequests to the library.
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.
[C97, §728, 729; S13, §729; SS15, §728; C24, 27, 31, 35, 39, §5851, 5858; C46, 50, 54, 58, 62, 66, 71, 73, §378.3, 378.10; C75, 77, 79, 81, §392.5]2001 Acts, ch 24, §49, 2014 Acts, ch 1026, §81
692A.113 Exclusion zones and prohibition of certain employment-related activities.
1. A sex offender who has been convicted of a sex offense against a minor or a person required to register as a sex offender in another jurisdiction for an offense involving a minor shall not do any of the following:
a. Be present upon the real property of a public or nonpublic elementary or secondary school without the written permission of the school administrator or school administrator’s designee, unless enrolled as a student at the school.
b. Loiter within three hundred feet of the real property boundary of a public or nonpublic elementary or secondary school, unless enrolled as a student at the school.
c. Be present on or in any vehicle or other conveyance owned, leased, or contracted by a public or nonpublic elementary or secondary school without the written permission of the school administrator or school administrator’s designee when the vehicle is in use to transport students to or from a school or school-related activities, unless enrolled as a student at the school or unless the vehicle is simultaneously made available to the public as a form of public transportation.
d. Be present upon the real property of a child care facility without the written permission of the child care facility administrator.
e. Loiter within three hundred feet of the real property boundary of a child care facility.
f. Be present upon the real property of a public library without the written permission of the library administrator.
g. Loiter within three hundred feet of the real property boundary of a public library.
h. Loiter on or within three hundred feet of the premises of any place intended primarily for the use of minors including but not limited to a playground available to the public, a children’s play area available to the public, a recreational or sport-related activity area when in use by a minor, a swimming or wading pool available to the public when in use by a minor, or a beach available to the public when in use by a minor.
2. A sex offender who has been convicted of a sex offense against a minor:
a. Who resides in a dwelling located within three hundred feet of the real property boundary of public or nonpublic elementary or secondary school, child care facility, public library, or place intended primarily for the use of minors as specified in subsection 1, paragraph “h”, shall not be in violation of subsection 1 for having an established residence within the exclusion zone.
b. Who is the parent or legal guardian of a minor shall not be in violation of subsection 1 solely during the period of time reasonably necessary to transport the offender’s own minor child or ward to or from a place specified in subsection 1.
c. Who is legally entitled to vote shall not be in violation of subsection 1 solely for the period of time reasonably necessary to exercise the right to vote in a public election if the polling location of the offender is located in a place specified in subsection 1.
3. A sex offender who has been convicted of a sex offense against a minor shall not do any of the following:
a. Operate, manage, be employed by, or act as a contractor or volunteer at any municipal, county, or state fair or carnival when a minor is present on the premises.
b. Operate, manage, be employed by, or act as a contractor or volunteer on the premises of any children’s arcade, an amusement center having coin or token operated devices for entertainment, or facilities providing programs or services intended primarily for minors, when a minor is present.
c. Operate, manage, be employed by, or act as a contractor or volunteer at a public or nonpublic elementary or secondary school, child care facility, or public library.
d. Operate, manage, be employed by, or act as a contractor or volunteer at any place intended primarily for use by minors including but not limited to a playground, a children’s play area, recreational or sport-related activity area, a swimming or wading pool, or a beach.
e. Operate, manage, be employed by, or act as a contractor or volunteer at a business that operates a motor vehicle primarily marketing, from or near the motor vehicle, the sale and dispensing of ice cream or other food products to minors.
2009 Acts, ch 119, §13, 2010 Acts, ch 1104, §10, 23, 2011 Acts, ch 34, §144, 2013 Acts, ch 140, §23 Referred to in 692A.107, 692A.109, 692A.111, 692A.121, 692A.129
692A.123 Immunity for good faith conduct.
Criminal or juvenile justice agencies, state agencies, schools as defined in section 692A.114, public libraries, and child care facilities, and their employees shall be immune from liability for acts or omissions arising from a good faith effort to comply with this chapter.
2009 Acts, ch 119, §23, 2010 Acts, ch 1104, §11, 23
702.22 Library materials and equipment.
1. “Library materials” include books, plates, pictures, photographs, engravings, paintings, drawings, maps, newspapers, magazines, pamphlets, broadsides, manuscripts, documents, letters, public records, microfilms, sound recordings, audiovisual materials in any format, magnetic or other tapes, electronic data processing records, artifacts, and written or printed materials regardless of physical form or characteristics, belonging to, on loan to, or otherwise in the custody of any of the following:
a. A public library.
b. A library of an educational, historical, or eleemosynary institution, organization, or society.
c. A museum.
d. A repository of public records.
2. “Library equipment” includes audio, visual, or audiovisual machines, machinery or equipment belonging to, on loan to or otherwise in the custody of one of the institutions or agencies listed in subsection
1.[C81, §702.22]1985 Acts, ch 187, §1Referred to in 714.5
714.5 Library materials and equipment — unpurchased merchandise — evidence of intention.
The fact that a person has concealed library materials or equipment as defined in section 702.22 or unpurchased property of a store or other mercantile establishment, either on the premises or outside the premises, is material evidence of intent to deprive the owner, and the finding of library materials or equipment or unpurchased property concealed upon the person or among the belongings of the person, is material evidence of intent to deprive and, if the person conceals or causes to be concealed library materials or equipment or unpurchased property, upon the person or among the belongings of another, the finding of the concealed materials, equipment or property is also material evidence of intent to deprive on the part of the person concealing the library materials, equipment or goods.
The fact that a person fails to return library materials for two months or more after the date the person agreed to return the library materials, or fails to return library equipment for one month or more after the date the person agreed to return the library equipment, is evidence of intent to deprive the owner, provided a reasonable attempt, including the mailing by restricted certified mail of notice that such material or equipment is overdue and criminal actions will be taken, has been made to reclaim the materials or equipment. Notices stating the provisions of this section and of section 808.12 with regard to library materials or equipment shall be posted in clear public view in all public libraries, in all libraries of educational, historical or charitable institutions, organizations or societies, in all museums and in all repositories of public records After the expiration of three days following the due date, the owner of borrowed library equipment may request the assistance of a dispute resolution center, mediation center or appropriate law enforcement agency in recovering the equipment from the borrower.
The owner of library equipment may require deposits by borrowers and in the case of late returns the owner may impose graduated penalties of up to twenty-five percent of the value of the equipment, based upon the lateness of the return.
In the case of lost library materials or equipment, arrangements may be made to make a monetary settlement.
[C62, 66, 71, 73, 75, 77, §709.21; C79, 81, §714.5]1985 Acts, ch 187, §2; 1987 Acts, ch 56, §1Referred to in 808.12
808.12 Detention and search in theft of library materials and shoplifting.
1. Persons concealing property as set forth in section 714.3A or 714.5, may be detained and searched by a peace officer, person employed in a facility containing library materials, merchant, or merchant’s employee, provided that the detention is for a reasonable length of time and that the search is conducted in a reasonable manner by a person of the same sex and according to subsection 2 of this section.
2. No search of the person under this section shall be conducted by any person other than someone acting under the direction of a peace officer except where permission of the one to be searched has first been obtained.
3. The detention or search under this section by a peace officer, person employed in a facility containing library materials, merchant, or merchant’s employee does not render the person liable, in a criminal or civil action, for false arrest or false imprisonment provided the person conducting the search or detention had reasonable grounds to believe the person detained or searched had concealed or was attempting to conceal property as set forth in section
714.3A or 714.5.[C62, 66, 71, 73, 75, 77, §709.22 – 709.24; C79, 81, §808.12]2010 Acts, ch 1125, §3Referred to in 714.5
The following public records shall be kept confidential, unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information:
13. The records of a library which, 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. 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.
[C71, 73, 75, 77, 79, 81, §68A.7; 1981 Acts, ch 36, §1, 1981 Acts, ch 37, §1, 1981 Acts, ch 38, §1, 1981 Acts, ch 62, §4]83 Acts, ch 90, §9, 84 Acts, ch 1014, §1, 84 Acts, ch 1185, §5, 622.7
256.69 Local financial support.
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 provides library services within the respective jurisdictions.
1993 Acts, ch 48, §32Referred to in 256.51, 336.13, 692A.101
336.18 Contracts to use city library.
1. A school corporation, township, or library district may contract for the use by its residents of a city library. A contract by a county shall supersede all contracts by townships or school corporations within the county outside of cities.
2. a. Contracts shall provide for the amount to be contributed. They may, by mutual consent of the contracting parties, be terminated at any time. They may also be terminated by a majority of the voters represented by either of the contracting parties, voting on the question to terminate which shall be submitted by the governing body upon a written petition of eligible electors in a number not less than five percent of those who voted in the area for president of the United States or governor at the last general election.
b. The question may be submitted at any election provided by law which covers the area.of the unit seeking to terminate the contract. The petition shall be presented to the governing body not less than ten days before the last day candidates may file nominatioN petitions for the election at which the question is to be submitted.
3. The board of trustees of any township which has entered into a contract shall at the April meeting levy a tax not exceeding six and three-fourths cents per thousand dollars of assessed valuation on all taxable property in the township to create a fund to fulfill its obligation under the contract.
4.a. Eligible electors of that part of any county outside of cities in a number of not less than twenty-five percent of those in the area who voted for president of the United States or governor at the last general election may petition the board of supervisors to submit the question of requiring the board to provide library service for them and their area by contract as provided by this section.
b. The board of supervisors shall submit the question to the voters of the county residing outside of cities at the next general election. The petition shall be filed not less than ten days before the last day candidates may file nomination petitions for the election at which the question is to be submitted.
c. If a majority of those voting upon the question favors it, the board of supervisors shall contract with a library for library use or service for the benefit of the residents and area represented by it.
[S13, §592-a, 792-a; SS15, §422; C24, 27, 31, 35, 39, §5859, 5861 – 5863; C46, 50, 54, 58, 62, 66, 71, 73, §378.11, 378.13 – 378.15; C75, 77, 79, 81, S81, §358B.18; 1981 Acts, ch 117, §1075]83 Acts, ch 123, §166, 167, 209336.182001 Acts, ch 56, §25, 26, 2001 Acts, ch 158, §36, 2002 Acts, ch 1134, §98, 99, 115, 2010 Acts, ch 1031, §332 Referred to in 331.321, 331.381
336.3 Gifts.
When a gift for library purposes is accepted by a county or city, its use for the library may be enforced against the board of supervisors or city council by the library board by an action of mandamus or by other proper action.
[C50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, S81, §358B.3; 1981 Acts, ch 117, §1072]C93, §336.32001 Acts, ch 158, §27 Referred to in 331.381
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.
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 Acts, ch 1088, §.
2. A library board may accept and control the expenditure of all gifts, devises, and bequests to the library.
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.
[C97, §728, 729; S13, §729; SS15, §728; C24, 27, 31, 35, 39, §5851, 5858; C46, 50, 54, 58, 62, 66, 71, 73, §378.3, 378.10; C75, 77, 79, 81, §392.5]2001 Acts, ch 24, §49, 2014 Acts, ch 1026, §81
692A.113 Exclusion zones and prohibition of certain employment-related activities.
1. A sex offender who has been convicted of a sex offense against a minor or a person required to register as a sex offender in another jurisdiction for an offense involving a minor shall not do any of the following:
a. Be present upon the real property of a public or nonpublic elementary or secondary school without the written permission of the school administrator or school administrator’s designee, unless enrolled as a student at the school.
b. Loiter within three hundred feet of the real property boundary of a public or nonpublic elementary or secondary school, unless enrolled as a student at the school.
c. Be present on or in any vehicle or other conveyance owned, leased, or contracted by a public or nonpublic elementary or secondary school without the written permission of the school administrator or school administrator’s designee when the vehicle is in use to transport students to or from a school or school-related activities, unless enrolled as a student at the school or unless the vehicle is simultaneously made available to the public as a form of public transportation.
d. Be present upon the real property of a child care facility without the written permission of the child care facility administrator.
e. Loiter within three hundred feet of the real property boundary of a child care facility.
f. Be present upon the real property of a public library without the written permission of the library administrator.
g. Loiter within three hundred feet of the real property boundary of a public library.
h. Loiter on or within three hundred feet of the premises of any place intended primarily for the use of minors including but not limited to a playground available to the public, a children’s play area available to the public, a recreational or sport-related activity area when in use by a minor, a swimming or wading pool available to the public when in use by a minor, or a beach available to the public when in use by a minor.
2. A sex offender who has been convicted of a sex offense against a minor:
a. Who resides in a dwelling located within three hundred feet of the real property boundary of public or nonpublic elementary or secondary school, child care facility, public library, or place intended primarily for the use of minors as specified in subsection 1, paragraph “h”, shall not be in violation of subsection 1 for having an established residence within the exclusion zone.
b. Who is the parent or legal guardian of a minor shall not be in violation of subsection 1 solely during the period of time reasonably necessary to transport the offender’s own minor child or ward to or from a place specified in subsection 1.
c. Who is legally entitled to vote shall not be in violation of subsection 1 solely for the period of time reasonably necessary to exercise the right to vote in a public election if the polling location of the offender is located in a place specified in subsection 1.
3. A sex offender who has been convicted of a sex offense against a minor shall not do any of the following:
a. Operate, manage, be employed by, or act as a contractor or volunteer at any municipal, county, or state fair or carnival when a minor is present on the premises.
b. Operate, manage, be employed by, or act as a contractor or volunteer on the premises of any children’s arcade, an amusement center having coin or token operated devices for entertainment, or facilities providing programs or services intended primarily for minors, when a minor is present.
c. Operate, manage, be employed by, or act as a contractor or volunteer at a public or nonpublic elementary or secondary school, child care facility, or public library.
d. Operate, manage, be employed by, or act as a contractor or volunteer at any place intended primarily for use by minors including but not limited to a playground, a children’s play area, recreational or sport-related activity area, a swimming or wading pool, or a beach.
e. Operate, manage, be employed by, or act as a contractor or volunteer at a business that operates a motor vehicle primarily marketing, from or near the motor vehicle, the sale and dispensing of ice cream or other food products to minors.
2009 Acts, ch 119, §13, 2010 Acts, ch 1104, §10, 23, 2011 Acts, ch 34, §144, 2013 Acts, ch 140, §23 Referred to in 692A.107, 692A.109, 692A.111, 692A.121, 692A.129
692A.123 Immunity for good faith conduct.
Criminal or juvenile justice agencies, state agencies, schools as defined in section 692A.114, public libraries, and child care facilities, and their employees shall be immune from liability for acts or omissions arising from a good faith effort to comply with this chapter.
2009 Acts, ch 119, §23, 2010 Acts, ch 1104, §11, 23
702.22 Library materials and equipment.
1. “Library materials” include books, plates, pictures, photographs, engravings, paintings, drawings, maps, newspapers, magazines, pamphlets, broadsides, manuscripts, documents, letters, public records, microfilms, sound recordings, audiovisual materials in any format, magnetic or other tapes, electronic data processing records, artifacts, and written or printed materials regardless of physical form or characteristics, belonging to, on loan to, or otherwise in the custody of any of the following:
a. A public library.
b. A library of an educational, historical, or eleemosynary institution, organization, or society.
c. A museum.
d. A repository of public records.
2. “Library equipment” includes audio, visual, or audiovisual machines, machinery or equipment belonging to, on loan to or otherwise in the custody of one of the institutions or agencies listed in subsection
1.[C81, §702.22]1985 Acts, ch 187, §1Referred to in 714.5
714.5 Library materials and equipment — unpurchased merchandise — evidence of intention.
The fact that a person has concealed library materials or equipment as defined in section 702.22 or unpurchased property of a store or other mercantile establishment, either on the premises or outside the premises, is material evidence of intent to deprive the owner, and the finding of library materials or equipment or unpurchased property concealed upon the person or among the belongings of the person, is material evidence of intent to deprive and, if the person conceals or causes to be concealed library materials or equipment or unpurchased property, upon the person or among the belongings of another, the finding of the concealed materials, equipment or property is also material evidence of intent to deprive on the part of the person concealing the library materials, equipment or goods.
The fact that a person fails to return library materials for two months or more after the date the person agreed to return the library materials, or fails to return library equipment for one month or more after the date the person agreed to return the library equipment, is evidence of intent to deprive the owner, provided a reasonable attempt, including the mailing by restricted certified mail of notice that such material or equipment is overdue and criminal actions will be taken, has been made to reclaim the materials or equipment. Notices stating the provisions of this section and of section 808.12 with regard to library materials or equipment shall be posted in clear public view in all public libraries, in all libraries of educational, historical or charitable institutions, organizations or societies, in all museums and in all repositories of public records After the expiration of three days following the due date, the owner of borrowed library equipment may request the assistance of a dispute resolution center, mediation center or appropriate law enforcement agency in recovering the equipment from the borrower.
The owner of library equipment may require deposits by borrowers and in the case of late returns the owner may impose graduated penalties of up to twenty-five percent of the value of the equipment, based upon the lateness of the return.
In the case of lost library materials or equipment, arrangements may be made to make a monetary settlement.
[C62, 66, 71, 73, 75, 77, §709.21; C79, 81, §714.5]1985 Acts, ch 187, §2; 1987 Acts, ch 56, §1Referred to in 808.12
808.12 Detention and search in theft of library materials and shoplifting.
1. Persons concealing property as set forth in section 714.3A or 714.5, may be detained and searched by a peace officer, person employed in a facility containing library materials, merchant, or merchant’s employee, provided that the detention is for a reasonable length of time and that the search is conducted in a reasonable manner by a person of the same sex and according to subsection 2 of this section.
2. No search of the person under this section shall be conducted by any person other than someone acting under the direction of a peace officer except where permission of the one to be searched has first been obtained.
3. The detention or search under this section by a peace officer, person employed in a facility containing library materials, merchant, or merchant’s employee does not render the person liable, in a criminal or civil action, for false arrest or false imprisonment provided the person conducting the search or detention had reasonable grounds to believe the person detained or searched had concealed or was attempting to conceal property as set forth in section
714.3A or 714.5.[C62, 66, 71, 73, 75, 77, §709.22 – 709.24; C79, 81, §808.12]2010 Acts, ch 1125, §3Referred to in 714.5