Iowa-2021-HF2488-Introduced

H.F. 2488 Section 1. Section 256.84, Code 2022, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 12. a. All records including but not 3 limited to videos, electronic storage, documents, tapes, or 4 other information, stored or preserved in any medium, under the 5 control of the public broadcasting division of the department 6 of education, shall be considered public records as defined 7 in section 22.1 and subject to the right of examination 8 as provided in section 22.2 unless the record is deemed 9 confidential under the provisions of section 22.7. 10 b. The board, administrator, department, or any other 11 entity on behalf of the state shall not release a public record 12 identified in paragraph “a” except for requests that specify an 13 educational, historical, or cultural purpose for the use of the 14 requested public record. 15 c. The board, administrator, department, or any other 16 entity on behalf of the state shall not release a public record 17 identified in paragraph “a” for any endorsement, political 18 purpose, or to generate a profit. 19 d. The board, administrator, department, or any other 20 entity on behalf of the state shall not enforce any copyright, 21 trademark, or other intellectual property right on a public 22 record identified in paragraph “a” that is created prior to 23 December 31, 2009, for requests that specify an educational, 24 historical, or cultural purpose for use of the requested public 25 record and shall not be released for any endorsement, political 26 purpose, or to generate a profit. 27 e. Nothing in this subsection shall be interpreted to 28 violate any marketing, licensing, or other similar agreement 29 in place as of January 1, 2020, but any public records request 30 relating to any record identified in paragraph “a” that is 31 denied by the board, administrator, department, or any other 32 entity on behalf of the state shall identify the specific 33 marketing, licensing, or other similar agreement which shall 34 also be provided to the requestor. A denial of a public 35 -1- LSB 5345HV (2) 89 cm/rh 1/ 3

H.F. 2488 records request made pursuant to this subsection shall be a 1 final agency action pursuant to section 17A.15, and if the 2 denial of a public records request made pursuant to this 3 subsection is reversed by a district court, the government body 4 shall be responsible for costs and reasonable attorney fees. 5 f. Nothing in this subsection shall be interpreted to be a 6 violation of any criminal law enumerated under Title XVI. 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 relates to public records of the Iowa public 11 broadcasting board. 12 The bill provides that all records, videos, electronic 13 storage, documents, tapes, or other information stored or 14 preserved in any medium by the Iowa public broadcasting board 15 (board), administrator of the public broadcasting division 16 of the department of education (administrator), department 17 of education (department), or any other entity on behalf of 18 the state of Iowa shall be public records and subject to 19 examination unless deemed confidential under Code chapter 22 20 (Iowa’s open records law). 21 The bill provides that the board, administrator, department, 22 or any other entity on behalf of the state shall not release a 23 public record except for requests that specify an educational, 24 historical, or cultural purpose for the use of the requested 25 public record. The board, administrator, department, or any 26 other entity on behalf of the state shall not release a public 27 record for any endorsement, political purpose, or to generate a 28 profit. 29 The bill provides that the board, administrator, department, 30 or any other entity on behalf of the state shall not enforce 31 any copyright, trademark, or other intellectual property right 32 on a public record that is created prior to December 31, 2009, 33 for requests that specify an educational, historical, or 34 cultural purpose for use of the requested public record and 35 -2- LSB 5345HV (2) 89 cm/rh 2/ 3

H.F. 2488 shall not be released for any endorsement, political purpose, 1 or to generate a profit. 2 The bill provides that the bill shall not be interpreted to 3 violate any marketing, licensing, or other similar agreement 4 in place as of January 1, 2020, but any public records request 5 relating to any public record that is denied by the board, 6 administrator, department, or any other entity on behalf of 7 the state shall identify the specific marketing, licensing, 8 or other similar agreement which shall be provided to the 9 requestor. A denial of a public records request shall be a 10 final agency action, and if the denial of a public records 11 request is reversed by a district court, the government body 12 shall be responsible for costs and reasonable attorney fees. 13 The bill provides that nothing in the bill shall be 14 interpreted to be a violation of any criminal law enumerated 15 under Code Title XVI (criminal law and procedure). 16 -3- LSB 5345HV (2) 89 cm/rh 3/ 3