Iowa agencies pre-file bills ahead of 2026 session, reviving fight over Iowa City archives

With the 2026 Iowa Legislature set to convene Jan. 12 in Des Moines, state agencies have begun pre-filing bills they say are needed to close legal gaps, clarify authority or respond to emerging public safety, election integrity and consumer protection concerns — and reopen a high-profile dispute over the future of Iowa’s state historical archives in Iowa City.

Alongside proposals to regulate kratom, tighten prison security and limit utility shutoffs during extreme weather, the Department of Administrative Services has submitted legislation that would remove from state law a requirement that Iowa maintain a historical research center in Iowa City — a change sought as the state defends its decision to close the facility amid an ongoing lawsuit and a court order halting the removal of materials.

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The early filings offer a preview of issues lawmakers are likely to debate in the coming months.

Bill would remove requirement for Iowa City state historical facility

The Department of Administrative Services has pre-filed legislation that would strike from state law a requirement that Iowa maintain historical resource research centers in both Des Moines and Iowa City.

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Under current statute, the department is required to maintain research centers in the two cities. The proposed bill would remove the Iowa City requirement, leaving Des Moines as the only location explicitly mandated in law.

The filing comes amid a legal and political fight over the State Historical Society of Iowa’s decision to close its 168-year-old Iowa City research center and relocate collections to Des Moines — a move that sparked backlash from historians, researchers, donors and elected officials.

In October, a Johnson County judge ordered the state to halt the removal of materials from the Iowa City facility after plaintiffs argued the closure violated state law and risked damage to irreplaceable collections. The judge found the challengers were likely to succeed on the merits of their claim that the law requires the state to maintain a research center in Iowa City and barred further transfers while the case proceeds.

The pre-filed legislation would directly address that legal question by eliminating the statutory requirement at the heart of the lawsuit, effectively giving the state clearer authority to consolidate historical research operations elsewhere.

Critics of the closure have argued the Iowa City center plays a unique role in serving scholars, journalists and the public — particularly given its proximity to the University of Iowa — and that the decision to shutter it was made without adequate transparency or stakeholder input. Supporters of consolidation have cited facility costs, staffing constraints and the desire to centralize operations.

Kratom regulation: Officials seek Schedule I classification

The Iowa Department of Public Safety has pre-filed legislation that would classify kratom’s primary psychoactive compounds — mitragynine and 7-hydroxymitragynine (7-OH) — as Schedule I controlled substances under Iowa law, effectively banning their sale and use statewide.

Kratom, an herbal product commonly sold in pill, powder or drink form, can produce stimulant effects at low doses and sedative or opioid-like effects at higher doses.

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Public safety officials say kratom use has been linked to cases of psychosis nationwide, with users experiencing symptoms such as hallucinations, delusions and confusion. In Iowa, kratom was detected in 15 drug-related overdose deaths in 2023, according to federal data, and the Iowa Poison Control Center reported a record 24 kratom exposure calls in 2024 — the highest total since tracking began in 2016 — though kratom is often taken in combination with other substances.

Despite those concerns, kratom remains unregulated in Iowa and is widely available in smoke and vape shops, convenience stores and online, according to the Department of Public Safety.

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The proposal comes as local governments grapple with how — or whether — to regulate the substance themselves. Last year, the Iowa City Council voted 6-1 to indefinitely defer a proposed ban on kratom sales after approving two earlier readings, instead placing kratom regulation on the city’s list of state legislative priorities.

Several council members argued regulation should occur at the state level, citing the lack of age limits, labeling requirements or testing standards in Iowa. As of August, seven states and Washington, D.C., have banned kratom, and at least half of U.S. states regulate kratom or its components in some way. The U.S. Food and Drug Administration announced in July that the compound poses serious public health risks and should be classified as a scheduled controlled substance. It also issued warning letters to companies for illegally distributing products containing 7-OH, including tablets, gummies, drink mixes and shots.

A prior attempt to outlaw kratom in Iowa failed in 2014.

Prison safety: Contraband expansion, tougher penalties for sexual misconduct

The Iowa Department of Corrections has pre-filed two measures aimed at tightening security and accountability inside state correctional facilities.

One bill would expand Iowa’s definition of contraband to include “restricted or disruptive” items that are legal outside prison walls — such as tobacco, cash, cellphones and synthetic marijuana — but can fuel black-market economies, corruption and violence inside facilities.

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The proposal would restructure Iowa law to create three categories of contraband in correctional facilities — inherently illegal or dangerous items, electronic contraband such as cellphones, and “restricted or disruptive” items that are legal outside prison walls but prohibited by facility policy.

Corrections officials say the framework mirrors federal law, closes loopholes that limit prosecutions and gives administrators flexibility to respond to emerging threats. The bill also would require any sentence for a contraband offense committed by an incarcerated person to be served consecutively to an existing sentence, a change intended to strengthen deterrence and improve safety.

A second proposal would elevate sexual misconduct between correctional staff and incarcerated individuals from an aggravated misdemeanor to a Class D felony. The department says Iowa is one of only two states that still treats the offense as a misdemeanor, despite the inherent power imbalance that prevents meaningful consent.

Corrections officials say the felony upgrade would align Iowa law with federal Prison Rape Elimination Act standards, strengthen deterrence and prevent staff from quietly resigning to avoid termination and accountability.

Political advertising: Disclosure required for ‘deepfakes’

The Iowa Ethics and Campaign Disclosure Board has pre-filed legislation requiring campaign materials that use “synthetic media” to include clear disclosures informing voters the content was digitally manipulated.

State elections officials say rapidly evolving “political deepfake” technology has made it easier to create realistic but false images, audio and video that misrepresent candidates or events, raising concerns about voter deception. According to the National Conference of State Legislators, 26 states had enacted laws regulating synthetic media in elections as of mid-2025, most relying on disclosure requirements rather than bans.

Iowa’s proposal would follow that approach by requiring campaign materials that use synthetic media to clearly disclose it, while excluding content created using digital technology solely for text generation, grammar correction, spelling checks, stylistic editing or enhancing existing content without creating a new impersonation of a human likeness or voice.

Auditor bills: Expanded oversight of embezzlement, tougher sentencing for public theft

The State Auditor’s Office has pre-filed two bills aimed at strengthening oversight and penalties in cases involving the misuse of public funds.

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One bill would require governmental subdivisions — including cities, counties, school districts, community colleges and other public entities — and their certified public accountants to cooperate with the auditor’s office when suspected embezzlement, theft or other significant financial irregularities are identified. The measure would give the auditor discretion to determine whether to conduct additional investigative procedures and would allow the state to recover investigation costs from the governmental entity, capped at the amount of public funds determined to have been misused.

A second proposal would tighten sentencing rules for public employees or public officials convicted of stealing more than $10,000 from a public employer. Under the bill, judges generally would be barred from deferring judgment, deferring a sentence or suspending incarceration in those cases, unless the defendant demonstrates mitigating circumstances by “clear and convincing evidence.” The bill’s definitions of public employees and employers would extend beyond government staff to include contractors and vendors.

Revisiting government transparency rules

Two pre-filed bills would further refine Iowa’s open meetings and public records laws after lawmakers earlier this year passed a transparency measure signed by Gov. Kim Reynolds.

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That 2025 law increases penalties for violations and requires most local elected and appointed officials to complete training on Iowa’s open meetings and open records requirements. The legislation was introduced in response to difficulty members of the public and media had accessing public records, including inspection reports, related to the 2023 partial building collapse in downtown Davenport and access to records concerning Davenport's nearly $2 million in settlements with three former employees.

The proposals would set new timelines and communication requirements for responding to public records requests, requiring custodians to promptly acknowledge requests, identify a point of contact, provide an estimated response date and any anticipated fees, and notify requesters of expected delays. It also would extend the window to file a complaint with the Iowa Public Information Board over alleged open meetings or open records violations from 60 days to 90 days.

Utilities oversight: Leadership clarity and extreme-weather protections

The Iowa Utilities Commission has pre-filed bills to clarify its internal leadership structure and to codify protections against electric and gas shutoffs during periods of extreme heat and cold.

One proposal would replace the commission’s chief operating officer with an executive director appointed and overseen by the commissioners. The Iowa Utilities Commission says the bill is intended to clarify leadership roles and improve continuity at the agency, which oversees complex regulatory matters with a full-time, three-member commission and roughly 80 staff members.

Under current law, the commission appoints a chief operating officer but lacks clear statutory authority over that position’s oversight and evaluation, while the commission chair — a role that turns over every two years — serves as administrator. The proposal would replace the chief operating officer with an executive director appointed and overseen by the commissioners, a change the agency says would reduce leadership instability and strengthen accountability and organizational stability.

The proposal clarifies that the executive director would serve at the pleasure of the full, three-member commission, which would retain oversight responsibility, while preserving the chair’s role as administrator and presiding officer for commission meetings.

Another would give the commission clearer statutory authority to limit disconnections during dangerous temperature extremes. Under current law, Iowa limits utility shutoffs during extreme cold and provides a winter disconnection moratorium for households eligible for energy assistance, but state statutes do not address extreme heat.

The proposal would codify the state’s authority to restrict electric and gas disconnections during dangerous temperature conditions — regardless of income eligibility — and direct the Iowa Utilities Commission to begin rulemaking to define extreme heat thresholds, with input from utilities, health experts and other stakeholders.

Comments: (319) 398-8499; tom.barton@thegazette.com