ARC 8676C

ARC 8676C

Proposing rulemaking related to programs and funding
and providing an opportunity for public comment

This new chapter addresses proposed rules for library programs. These proposed rules have been condensed from the two chapters the rules previously existed in. The chapter provides the public, local libraries, and any branch of state government information on the statewide programs and services provided by the State Library of Iowa.

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 2, 2024. A public hearing was held on the following date(s):

●October 24, 2024

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

ITEM 1.Adopt the following new11—Chapter 131:

CHAPTER 131

PROGRAMS AND FUNDING

11—131.1(8A) Purpose. The state library is charged with developing a long-range plan, known as the State Library of Iowa Library Services and Technology Act(LSTA) Five-Year Plan, for the continued improvement of library services in the state. The major outcomes of this planning effort include the maintenance of the State of Iowa Libraries Online(SILO) program; professional development and continuing education of Iowa library staff, including a voluntary endorsement program for public library staff; the development of standards for public libraries that includes a voluntary accreditation program; the IA Shares delivery service for public libraries; providing Iowans access to the publications of state government; and digital information resources.

11—131.2(8A) Financial support.

131.2(1) Funding. Funding for the stated outcomes is provided through both state appropriations and federal funding to the state library.

a.Funding for the Enrich Iowa program, through a state appropriation, allows the state library to implement the program as outlined in Iowa Code section 8A.209.

b.Funding from the federal government is provided through the Grants to States program from the Institute for Museum and Library Services (IMLS). The program’s focus is on the following six focal areas: lifelong learning, information access, institutional capacity, employment and economic development, human services, and civic engagement. The current authorization is through the Museum and Library Services Act of 2018 (PL 115-410).

131.2(2) Federal funding administration. The state library administers and uses the state-based LSTA funds (in any proportion) directly or through subgrants or cooperative agreements. The actual amount, timing, and availability of funds for projects is determined by the state library in consultation with the Iowa library community. In accordance with the principles set forth in the basic guidelines of the Five-Year Plan for the use of LSTA funds, individual grants are not anticipated. However, when individual grants are deemed to be the appropriate vehicle to meet the identified needs as well as the intent of the guidelines, information on grants will be published and distributed statewide.

a.Eligibility. Eligibility of projects will be determined by the Five-Year Plan for the use of LSTA funds, effective October 2022. The use of the funds will have a major impact on library service to Iowans; increase access to information; have a statewide benefit; foster cooperation, resource sharing, and partnerships; involve all types and sizes of libraries; encourage innovation; and emphasize evaluation. The plan is found on the state library’s website:statelibraryofiowa.gov.

b.Reporting procedures. All LSTA grant recipients shall submit to the state library documentation of LSTA project-related expenses and periodic and final project reports. LSTA-funded projects are subject to on-site monitoring by state library personnel.

131.2(3) Appeals. Applicants for financial support under these rules may file appeals as outlined below.

a.Informal appeals. Informal appeals shall be made on procedural grounds only. Such grounds include alleged conflicts of interest, unfair or impartial treatment of applications or procedures not uniformly applied to all applicants. An informal appeal must be filed with the state librarian within seven days of when the appellant was denied financial support.

b.Informal appeal hearing. A written request for an informal appeal hearing shall be sent to the state librarian. The hearing shall be held within 15 calendar days of the date of the request during regular business hours of the state library. The hearing shall be held before the state librarian or a designee of the state librarian. The state librarian or their designee shall:

(1)Notify the appellant as to the day, hour, and location of the hearing;

(2)Inform the appellant of the right to submit any written documents regarding the application;

(3)Inform the appellant that a spokesperson must be appointed if the appeal involves more than one person per project. The state librarian or designee shall direct questions only to the spokesperson during the hearing. Any other discussions or comments shall be reserved for a closed executive session. No indication of decision shall be given at the time of the hearing;

(4)Notify the appellant in writing of the decision of the state librarian or designee within five calendar days of the hearing.

c.Formal appeal. If unsatisfied with the decision of the state librarian or designee under the informal appeal process, an applicant may file a formal written appeal with the director within seven days of the informal decision of the state librarian or designee. The director shall issue a written decision within 30 days of receipt of the written appeal. The decision of the director shall be considered final agency action and is subject to judicial review in accordance with Iowa Code chapter 17A.

(1)Appeals will be allowed on the procedural grounds that:

1.Staff or agents of the state library acted outside their statutory authority;

2.Approved projects do not fall within the guidelines of the five-year plan;

3.Staff or agents of the state library were influenced to act as a result of a conflict of interest;

4.Staff or agents of the state library acted in a biased manner.

(2)An appellant’s written appeal shall contain:

1.Facts of the appeal.

2.An argument in favor of the appeal.

3.The remedy sought.

11—131.3(8A) Enrich Iowa.

131.3(1) Purpose. The Enrich Iowa programis set forth in Iowa Code section 8A.209. Enrich Iowa provides direct state assistance to public libraries, supports the open access and interlibrary loan programs, provides public libraries with an incentive to improve library services, and reduces inequities among communities in the delivery of library services.Enrich Iowafunding is intended to supplement, not replace, local funding.

131.3(2) Eligibility. All Iowa libraries are eligible to participate in the Enrich Iowa program. Direct State Aid funding is limited to public libraries meeting Tier 1 requirements or higher. Open Access funding is limited to public libraries meeting Tier 1 requirements or higher and academic libraries. Interlibrary loan reimbursement funding is available to all public, academic, AEA, institutional, school, and special libraries. To participate in the Enrich Iowa program, an Iowa library must sign an agreement from the state library that outlines the general provisions and assurances. Information, including forms for signature, terms of agreement, and program reporting requirements are made available on the state library’s website:statelibraryofiowa.gov.

11—131.4(8A) State of Iowa Libraries Online (SILO). Pursuant to Iowa Code section 8A.202, the state library provides resource sharing services, including the Iowa Locator, the statewide union catalog used to locate library items, and the SILO Interlibrary Loan System to all types of libraries in Iowa. SILO also offers hosted services including DNS, email lists, and web hosting to any public library.

11—131.5(8A) Standards and accreditation program. Pursuant to Iowa Code section 8A.202, the state library provides performance measures to encourage the ongoing development of high-quality public library service in the state. “In Service to Iowa: Public Library Measures of Quality, 6th ed. State Library, 2016,”is the manual for the state library of Iowa’s standards program.Iowa’s voluntary public library standards program was established to give public libraries a tool to identify strengths and areas for improvement. It is also used to document the condition of public library service in Iowa, to distribute Direct State Aid funding, and to meet statutory requirements. Program information can be found on the state library’s website:statelibraryofiowa.gov.

This rule is intended to implement Iowa Code section 8A.202(1)“k.”

11—131.6(8A) Endorsement program for the Iowa public library community. Pursuant to Iowa Code section 8A.202, the state library improves library service in Iowa by developing the skills of public library directors and staff, providing recognition for public librarians, enhancing the public image of librarians and libraries, and providing guidelines that public library boards may use in developing staff hiring policies. Program information can be found on the state library’s website: statelibraryofiowa.gov.

11—131.7(8A) Summer library program. Pursuant to Iowa Code section 8A.202, the state library aids public libraries in planning summer reading programs by working with an outside vendor for promotional and programming materials, which are locally adaptable, to help improve library service to youth in Iowa and to improve skills of librarians. Program information can be found on the state library’s website:statelibraryofiowa.gov.

11—131.8(8A) State publications depository program. Pursuant to Iowa Code sections 8A.202 and 8A.208, the state publications depository program is established within the state library for the collection and distribution of publications issued by state agencies to designated depository libraries around the state and maintains a digital repository for electronic government publications. The program shall be administered bythe state librarian and coordinated through the library’s specialized library services unit. The state library shall serve as the last copy depository for predepository state information products and for those products never deposited with the center since its 1979 inception. Both print and digital materials are collected for the program.

131.8(1) Definitions.

“State agency” means a legislative, executive, or judicial office of the state and all of its respective offices, departments, divisions, bureaus, boards, commissions, committees, and state institutions of higher education governed by the state board of regents.

“State publications” are defined as any multiply produced informational products or materials regardless of format, method of reproduction, or source, originating in or produced with the imprint of, by the authority of, or at the total or partial expense of, any state agency. The definition incorporates those publications that may or may not be financed by state funds but are released by private bodies such as research and consultant firms under contract with or supervision of any state agency. State information products specifically include but are not limited to public documents appearing as reports, directories, statistical compendiums, bibliographies, lists, state plans, statutes, codes, laws and bills, rules, regulations, transcripts of public hearings, journals, newsletters, bulletins, periodicals, books, pamphlets, brochures, charts, maps, surveys, other printed matter, audiovisual materials, microfilm, microfiche, and all electronic information sources in all electronic formats. State information products do not include correspondence and memoranda intended solely for internal use within the agency or between agencies, materials designated by law as being confidential, materials excluded from this definition by the department through the adoption and enforcement of rules, and materials determined by the depository library center staff to be exempt.

131.8(2) State agency requirements. Pursuant to Iowa Code section 8A.205, upon issuance of a state publication in any format, a state agency shall provide the state library an electronic versionof the publication at no cost to the state library. The publication will be deposited into Iowa Publications Online, publications.iowa.gov, a digital repository of documents produced by Iowa state agencies.Print documents are accepted. It shall be the responsibility of the issuing state agency to create duplicate copies of publications in limited supply to meet the minimal copy requirements of the depository program as specified by the state library.

131.8(3) Depository libraries. The state library and the University of Iowa shall be designated as the two permanent depositories for Iowa state publications. The Library of Congress shall receive one copy of each state publication collected. Depository status shall be determined by the state librarian. Information about the depository libraries program can be found on the state library’s website: statelibraryofiowa.gov.

11—131.9(8A) IA Shares. A statewide delivery service program has been established in the state library to provide a method of sending and receiving library materials between public libraries and the state library. Program information can be found on the state library’s website:statelibraryofiowa.gov.

11—131.10(8A) People’s law library of Iowa. The state library, in conjunction with the University of Iowa law library, provides an easy-to-understand, basic information website about the law. The people’s law library of Iowa is available at: www.peopleslawiowa.org.

These rules are intended to implement Iowa Code sections 8A.202, 8A.205, 8A.208, and 8A.209.