S.F. 2274 Section 1. Section 256.84, subsection 5, Code 2022, is 1 amended to read as follows: 2 5. The board shall establish guidelines for and may impose 3 and collect fees and charges for services. Fees and charges 4 collected by the board for services shall be deposited to the 5 credit of the division. Any interest earned on these receipts, 6 and revenues generated under subsection 7 6 , shall be retained 7 and may be expended by the division subject to the approval of 8 the board. 9 Sec. 2. Section 256.84, Code 2022, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 12. a. Subject to paragraph “b” , all 12 of the public broadcasting division of the department of 13 education’s records, videos, electronic storage, documents, 14 tapes, or other information, stored or preserved in any medium, 15 are public records under chapter 22 and are subject to the 16 rights of examination, copying, and dissemination as provided 17 in section 22.2, unless the record, video, electronic storage, 18 document, tape, or other information is deemed confidential 19 under section 22.7. 20 b. The board, administrator, department, or any other 21 person on behalf of the state shall not disseminate or release 22 a public record identified in paragraph “a” unless the request 23 for the public record specifies an educational, historical, or 24 cultural purpose for the use of the public record. 25 c. The board, administrator, department, or any other person 26 on behalf of the state shall not disseminate or release a 27 public record identified in paragraph “a” for any endorsement, 28 political purpose, or to generate a profit. 29 d. If a public record is disseminated or released pursuant 30 to paragraph “b” , the board, administrator, department, or 31 any other person on behalf of the state shall not enforce any 32 copyright, trademark, or any other intellectual property right 33 associated with the public record if the public record was 34 created, produced, filmed, or developed on or before December 35 -1- LSB 5191SV (6) 89 cm/rh 1/ 3

S.F. 2274 31, 2009. 1 e. This subsection shall not be construed to require the 2 board, administrator, department, or any other person on behalf 3 of the state to violate any marketing, licensing, or other 4 similar agreement that was in place as of January 1, 2020. If 5 the board, administrator, department, or any other person on 6 behalf of the state denies a request from any person pursuant 7 to paragraph “b” to disseminate or release a public record, the 8 board, administrator, department, or other person on behalf 9 of the state, as applicable, shall provide to the person 10 making the request a copy of the agreement that prohibits the 11 record from being disseminated or released. The board’s, 12 administrator’s, department’s, or other person’s denial of a 13 request pursuant to this subsection shall be deemed a final 14 agency action pursuant to section 17A.15, and if the denial is 15 overturned by a court, the court shall order the governmental 16 body that denied the request to pay all costs and reasonable 17 attorney fees of the prevailing party. 18 f. An action taken by the board, administrator, department, 19 or any other person pursuant to this subsection shall not be 20 construed as a violation of Title XVI. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill relates to the records of the Iowa public 25 broadcasting board (board). 26 The bill provides that revenues generated pursuant to the 27 board’s ability to make and execute agreements, contracts, and 28 other instruments with any entity shall be retained and may 29 be expended by the public broadcasting division subject to 30 approval by the board. 31 The bill provides that, subject to the provisions of the 32 bill, all of the board’s records, videos, electronic storage, 33 documents, tapes, and other information are public records 34 pursuant to Code chapter 22 and are subject to the right of 35 -2- LSB 5191SV (6) 89 cm/rh 2/ 3

S.F. 2274 examination unless the record, video, electronic storage, 1 document, tape, or other information is confidential under Code 2 section 22.7. 3 The bill prohibits the board, administrator of the 4 public broadcasting division of the department of education 5 (administrator), department of education (department), or 6 any other person on behalf of the state from disseminating 7 or releasing any public record specified in the bill unless 8 the request for the public record specifies an educational, 9 historical, or cultural purpose. The board, administrator, 10 department, or any other person on behalf of the state shall 11 not disseminate or release a public record for any endorsement, 12 political purpose, or to generate a profit. 13 The bill prohibits the board, administrator, department, 14 or any other person on behalf of the state from enforcing 15 a copyright, trademark, or any intellectual property right 16 associated with a public record of the board if the public 17 record was created, filmed, or developed on or before December 18 1, 2009. 19 The bill does not require the board, administrator, 20 department, or any other person on behalf of the state to 21 violate any marketing, licensing, or other similar agreement 22 that was in place as of January 1, 2020. If the board, 23 administrator, department, or any other person on behalf of 24 the state denies a request to disseminate or release a public 25 record, the board, administrator, department, or any other 26 person on behalf of the state shall provide a copy of the 27 agreement that prohibits the release of the record to the 28 requestor. A decision to deny a public records request under 29 the bill is final unless overturned by a court order. 30 The bill provides that an action taken by the board, 31 administrator, department, or any other person on behalf of the 32 state pursuant to the bill shall not be in violation of Code 33 Title XVI (criminal law and procedure). 34 -3- LSB 5191SV (6) 89 cm/rh 3/ 3