H.F. 2567 Section 1. NEW SECTION . 7I.1 Legislative findings. 1 The general assembly finds that the industrial, cultural, 2 political, agricultural, and digital history of Iowa must be 3 preserved for future generations and that Iowa’s historical 4 records are a public asset requiring professional and 5 independent management. 6 Sec. 2. NEW SECTION . 7I.2 Definitions. 7 As used in this chapter, unless the context otherwise 8 requires: 9 1. “Agency” means any executive or legislative branch 10 department, office, commission, board, or other unit of state 11 government except as otherwise excluded under this chapter. 12 2. “Archives” means records that have been appraised by 13 the state records commission as having sufficient historical, 14 research, evidential, or informational value to warrant 15 permanent preservation and that have been transferred to the 16 custody of the state archives. 17 3. “Authority” means the Iowa state archives and records 18 authority. 19 4. “Commission” means the state records commission created 20 in section 7I.6. 21 5. “Custody” means guardianship or control of records, 22 including both physical possession, referred to as physical 23 custody, and legal responsibility, referred to as legal 24 custody, unless one or the other is specified. 25 6. “Government records program” means a systematic 26 state government program for the creation, organization, 27 administrative use, maintenance, security, public availability, 28 and final disposition of records. 29 7. “Guideline” means a suggested method of operation for 30 specific activities. 31 8. “Policy” means a basic statement describing the 32 boundaries within which activities are to take place. 33 9. “Record” means a document, book, paper, electronic 34 record, photograph, sound recording, or other material, 35 -1- LSB 6807HH (4) 91 sc/ns 1/ 14

H.F. 2567 regardless of physical form or characteristics, made, produced, 1 executed, or received pursuant to law in connection with 2 the transaction of official business of state government, 3 including electronic mail of a senior official, a rulemaking 4 or policy development document, a report, or content posted on 5 an agency’s internet site. “Record” does not include library 6 and museum material made or acquired and preserved solely for 7 reference or exhibition purposes or stocks of publications and 8 unprocessed forms. 9 10. “Records series retention and disposition schedule” means 10 a timetable established by the state records commission that 11 describes the length of time a records series of an agency 12 or multiple agencies must be retained in active and inactive 13 status and provides authorization for a final disposition of 14 the records series by destruction or permanent retention. 15 11. “Standard” means a specific rule or principle 16 established to measure quality or value. 17 12. “Vital operating record” means a record containing 18 information essential to continue or to reestablish an agency 19 in the event of a natural or other disaster, allowing the 20 recreation of the state’s legal and financial status, and the 21 determination of the rights and obligations of the state and 22 residents of the state. 23 Sec. 3. NEW SECTION . 7I.3 Iowa state archives and records 24 authority. 25 1. The Iowa state archives and records authority is created. 26 2. The powers of the authority are vested in and shall be 27 exercised by the Iowa archives and heritage board. The board 28 shall consist of all of the following members: 29 a. A state archivist appointed by the secretary of state. 30 b. Three members of the public appointed by the governor 31 subject to confirmation by the senate. 32 c. Two state representatives, one appointed by the speaker 33 of the house of representatives and one by the minority leader 34 of the house of representatives, and two state senators, one 35 -2- LSB 6807HH (4) 91 sc/ns 2/ 14

H.F. 2567 appointed by the majority leader of the senate and one by the 1 minority leader of the senate. 2 d. One academic historian or archival professional appointed 3 by the state board of regents. 4 3. The state archivist shall serve as the chairperson for 5 the Iowa archives and heritage board. Board members shall 6 serve at the pleasure of the appointing authority. 7 4. The board is not subject to section 4A.5. 8 Sec. 4. NEW SECTION . 7I.4 Research centers and archival 9 facility. 10 1. The authority shall maintain research centers in Des 11 Moines and Iowa City. The authority shall not close, relocate, 12 sell, or materially reduce the operations of or public 13 access to a research center without approval from the general 14 assembly. 15 2. The authority shall maintain a state archival facility, 16 which shall house all of the following: 17 a. Industrial and business archives, including records 18 related to agriculture and transportation, oral histories, 19 promotional materials, catalogs, pamphlets, product packaging, 20 and other materials documenting the state’s economic 21 development. 22 b. The Iowa digital memory library. 23 c. State records collections and related manuscripts. 24 Sec. 5. NEW SECTION . 7I.5 Iowa digital memory library. 25 The authority shall establish the Iowa digital memory 26 library. The Iowa digital memory library shall conduct digital 27 archiving and form partnerships with other entities for the 28 purpose of ingesting digital content. 29 Sec. 6. NEW SECTION . 7I.6 Commission created. 30 1. A state records commission is created. The commission 31 shall consist of the following officials: 32 a. The secretary of state. 33 b. The treasurer of state. 34 c. The director of revenue. 35 -3- LSB 6807HH (4) 91 sc/ns 3/ 14

H.F. 2567 d. The director of the department of management. 1 e. The state librarian. 2 f. The auditor of state. 3 g. The director of the department of administrative 4 services. 5 2. A commission member may appoint a year-round, full-time 6 state employee to regularly represent the commission member in 7 the activities of the commission for a period of at least two 8 years. 9 Sec. 7. NEW SECTION . 7I.7 Commission purpose. 10 The commission shall adopt government information policies, 11 standards, and guidelines to do all of the following: 12 1. Provide for economy and efficiency in the creation, 13 organization, maintenance, administrative use, security, public 14 availability, and final disposition of government records. 15 2. Ensure creation of proper documentation of the 16 organization, functions, policies, decisions, procedures, and 17 essential transactions of state government agencies to protect 18 the legal and financial rights of the state and of persons 19 directly affected by the government’s activities. 20 3. Identify and preserve state government records that 21 document the history and development of the state. 22 Sec. 8. NEW SECTION . 7I.8 Expenses. 23 Members of the commission shall serve without compensation 24 but may receive actual expenses incurred in the performance of 25 their duties. 26 Sec. 9. NEW SECTION . 7I.9 Meetings. 27 The commission shall have offices at the seat of government 28 but may hold meetings in other locations. The commission shall 29 meet at the call of the chairperson. 30 Sec. 10. NEW SECTION . 7I.10 Commission administration. 31 The authority, through the state archives and government 32 records program, is the primary agency responsible for 33 providing administrative personnel and services for the 34 commission. 35 -4- LSB 6807HH (4) 91 sc/ns 4/ 14

H.F. 2567 Sec. 11. NEW SECTION . 7I.11 Commission responsibilities. 1 1. The commission shall do all of the following: 2 a. Develop and adopt government information policies, 3 standards, and guidelines for the creation, storage, retention, 4 and disposition of records. 5 b. In consultation with the department of homeland security 6 and emergency management, establish policies, standards, and 7 guidelines for the identification, protection, and preservation 8 of records essential for the continuity or reestablishment of 9 governmental functions in the event of an emergency arising 10 from a natural or other disaster. 11 c. Provide planning, policy development, and review for the 12 government records program. 13 d. Adopt rules pursuant to chapter 17A that provide 14 government information policies and standards. 15 e. Adopt and maintain an interagency records manual 16 containing the rules governing records management, as well as 17 records series retention and disposition schedules, guidelines, 18 and other information relating to implementation of this 19 chapter. 20 f. Make recommendations, in consultation with the authority, 21 to the governor and the general assembly for the continued 22 reduction of printed reports throughout state government in a 23 manner that protects the public’s right to access such reports. 24 g. Provide advice, counsel, and services to the agencies 25 subject to this chapter on the care and management of state 26 government records. 27 h. Report to the governor and the general assembly on the 28 status of the government records program. 29 i. Perform any act necessary and proper to carry out the 30 commission’s duties. 31 2. The commission may do all of the following: 32 a. Examine records in the possession, constructive 33 possession, or control of agencies to carry out the purposes of 34 this chapter. 35 -5- LSB 6807HH (4) 91 sc/ns 5/ 14

H.F. 2567 b. Enter into agreements and contracts. 1 c. Secure appropriations, grants, or other outside funding. 2 d. Appoint advisory committees of citizens, public 3 officials, or professional consultants to secure advice on 4 records issues. 5 e. Make, or cause to be made, preservation duplicates of 6 records, which may include existing copies of original state 7 records. Any preservation duplicate record shall be durable, 8 accurate, complete, and clear, and shall be made by means 9 designated by the commission. 10 f. Develop appropriate charges for services provided for the 11 convenience of agencies, political subdivisions, or the public. 12 g. Provide advice and counsel to political subdivisions on 13 the care and management of local government records. 14 h. Establish a centralized records storage facility. 15 Sec. 12. NEW SECTION . 7I.12 Authority responsibilities. 16 1. The authority shall do all of the following as it relates 17 to state records and archives: 18 a. Administer the state archives and government records 19 program and provide administrative support to the state records 20 commission through the state archives and government records 21 program. 22 b. Maintain all official records of the state records 23 commission. 24 c. Provide training, advice, and counsel to agencies on 25 government information policies, standards, and guidelines. 26 d. Recommend records series retention and disposition 27 schedules to the commission for consideration. 28 e. Recommend plans, policies, standards, and guidelines on 29 records issues to the commission for consideration. 30 f. Compile, update, and distribute the state records manual 31 as adopted by the commission. 32 g. Manage any centralized records storage facility 33 established by the commission for the temporary storage of 34 agency records prior to the final disposition of the records by 35 -6- LSB 6807HH (4) 91 sc/ns 6/ 14

H.F. 2567 destruction or permanent preservation in accordance with the 1 records series retention and disposition schedules. 2 h. Develop and distribute operating procedures for agencies 3 to use to implement the plans, policies, standards, and 4 guidelines adopted by the commission. 5 i. Provide advice, counsel, and services to the agencies 6 subject to this chapter on the care and management of state 7 government records. 8 j. Manage the state archives and develop operating 9 procedures for the transfer, accession, arrangement, 10 description, preservation, protection, and public access of 11 those records the commission identifies as having permanent 12 value. 13 k. Maintain custody of archives that have been transferred 14 and delivered to the state archives. 15 (1) Upon receipt by the state archivist, the archives shall 16 not be removed without the state archivist’s consent except in 17 response to a subpoena of a court of record or in accordance 18 with approved records series retention and disposition 19 schedules or after review and approval of the commission. 20 (2) Upon request, the state archivist shall make a certified 21 copy of any record in the legal custody or in the physical 22 custody of the state archivist, or a certified transcript 23 of any record if reproduction is inappropriate because of 24 legal or physical considerations. If a copy or transcript is 25 properly authenticated, it has the same legal effect as though 26 certified by the officer from whose office it was transferred 27 or by the secretary of state. The authority shall establish 28 reasonable fees for certified copies or certified transcripts 29 of records in the legal custody or physical custody of the 30 state archivist. 31 l. Establish, maintain, and administer an archive of 32 records created and maintained in electronic format in order 33 to preserve and provide public access to state government 34 records identified as having permanent historical value by the 35 -7- LSB 6807HH (4) 91 sc/ns 7/ 14

H.F. 2567 commission. 1 2. The authority may do any of the following as it relates 2 to state records and archives: 3 a. Upon written consent of the state archivist, accept 4 records of political subdivisions that are voluntarily 5 transferred to the state archives. 6 b. Provide advice and counsel to political subdivisions on 7 the care and management of local government records. 8 c. Coordinate with a state university, community college, 9 Indian tribe, local historical society, or private archive. 10 Sec. 13. NEW SECTION . 7I.13 Agency head responsibilities. 11 1. Each agency head shall do all of the following: 12 a. Make and maintain records containing adequate and proper 13 documentation of the agency organization, functions, policies, 14 decisions, procedures, and essential transactions designed to 15 furnish information to protect the legal and financial rights 16 of the state and of persons directly affected by the agency’s 17 activities. 18 b. Designate one or more year-round, full-time agency 19 officials with broad understanding of agency programs and 20 records to be an agency records officer to coordinate records 21 programs within the agency and to be the point of contact with 22 the state archives and government records program. 23 c. Cooperate with the state records commission and the state 24 archives and government records program in the development and 25 implementation of government information policies, standards, 26 and guidelines, and in the development and implementation of 27 records series retention and disposition schedules. 28 d. Comply with requests from the state records commission or 29 the state archives and government records program to examine 30 records in the possession, constructive possession, or control 31 of the agency in order to carry out the purposes of this 32 chapter. 33 e. Prepare a detailed listing of the volume, scope, and 34 complexity of the agency’s records in accordance with state 35 -8- LSB 6807HH (4) 91 sc/ns 8/ 14

H.F. 2567 records commission policies to draft records series retention 1 and disposition schedules. 2 f. Identify vital operating records in accordance with 3 the policies, standards, and guidelines of the state records 4 commission. 5 g. Provide for the identification, protection, and 6 preservation of vital operating records in the custody of the 7 agency. 8 h. Prepare all mandated reports, newsletters, and 9 publications for electronic distribution in accordance with 10 government information policies, standards, and guidelines. 11 A reference copy of all mandated reports, newsletters, and 12 publications shall be located at an electronic repository for 13 public access. 14 i. Provide for maximum economy and efficiency in the 15 day-to-day recordkeeping activities of the agency. 16 j. Provide for compliance with this chapter and the rules 17 adopted by the state records commission. 18 2. An agency head may petition the state records commission 19 to create or modify government information policies, standards, 20 and guidelines, and to create or modify records series 21 retention and disposition schedules. 22 Sec. 14. NEW SECTION . 7I.14 Termination of state agency —— 23 records transfer. 24 Upon the termination of a state agency whose functions have 25 not been transferred to another agency, custody of the records 26 of the agency shall transfer to the commission. 27 Sec. 15. NEW SECTION . 7I.15 Duplicates. 28 A preservation duplicate record shall have the same force 29 and effect for all purposes as the original record whether 30 or not the original record is in existence. A certified 31 transcript, exemplification, or copy of a preservation 32 duplicate record shall be deemed for all purposes to be a 33 certified transcript, exemplification, or copy of the original 34 record. 35 -9- LSB 6807HH (4) 91 sc/ns 9/ 14

H.F. 2567 Sec. 16. NEW SECTION . 7I.16 Records state property —— 1 penalties. 2 1. All records made or received by or under the authority 3 of or coming into the custody, control, or possession of a 4 public official of this state in the course of the official’s 5 public duties are the property of the state and shall not 6 be mutilated, destroyed, transferred, removed, or otherwise 7 damaged or disposed of, in whole or in part, except as provided 8 by law or by rule. 9 2. A person who relocates a state record without 10 authorization commits a simple misdemeanor. 11 3. A person who destroys a state record without 12 authorization commits a serious misdemeanor. 13 4. Any person may bring a civil action for injunctive relief 14 to prevent the unauthorized destruction of a public record. 15 Sec. 17. NEW SECTION . 7I.17 Liability precluded. 16 A member of the commission or head of an agency shall not be 17 held liable for damages or loss, civilly or criminally, because 18 of the destruction of public records pursuant to the provisions 19 of this chapter or any other law authorizing the destruction 20 of the record. 21 Sec. 18. NEW SECTION . 7I.18 Exemptions —— duties of state 22 department of transportation and state board of regents. 23 The state department of transportation, the state board of 24 regents, and institutions under the control of the state board 25 of regents are exempt from the state records manual and the 26 provisions of this chapter. However, the state department of 27 transportation and the state board of regents shall adopt rules 28 pursuant to chapter 17A for their employees and institutions 29 that are consistent with the objectives of this chapter. The 30 rules shall be approved by the state records commission. 31 Sec. 19. NEW SECTION . 7I.19 Kim Reynolds chair of digital 32 preservation and state archives. 33 A fund is created within the state treasury under the 34 control of the authority. The fund shall consist of moneys 35 -10- LSB 6807HH (4) 91 sc/ns 10/ 14

H.F. 2567 appropriated to the fund by the general assembly and any other 1 moneys available to and obtained or accepted by the authority 2 for deposit in the fund. Moneys in the fund are appropriated 3 to the authority for one full-time equivalent position for an 4 academic position to be known as the governor Kim Reynolds 5 chair of digital preservation and state archives. The person 6 hired for this position shall assist with the preservation 7 of digital state records and the implementation of the Iowa 8 digital memory library. Notwithstanding section 8.33, 9 moneys in the fund that remain unencumbered or unobligated 10 at the close of a fiscal year shall not revert but shall 11 remain available for expenditure for the purposes designated. 12 Notwithstanding section 12C.7, subsection 2, interest or 13 earnings on moneys in the fund shall be credited to the fund. 14 Sec. 20. Section 8A.707, subsection 2, Code 2026, is amended 15 to read as follows: 16 2. The department shall : 17 a. Have have authority to acquire by fee simple title 18 historic properties by gift, purchase, devise, or bequest; 19 preserve, restore, transfer, and administer historic 20 properties; and charge reasonable admission to historic 21 properties. 22 b. Maintain research centers in Des Moines and Iowa City. 23 Sec. 21. Section 22.16, subsection 1, Code 2026, is amended 24 to read as follows: 25 1. Notwithstanding any provision of law to the contrary, a 26 public record that is an archive, as defined in section 8A.602 27 7I.2 , shall be available for public examination and copying 28 under this chapter if the public record was created at least 29 one hundred years prior to a request for access to the record, 30 subject to the requirements of this section . 31 Sec. 22. Section 163.37, subsection 3, Code 2026, is amended 32 to read as follows: 33 3. Such records shall be maintained for a length of time as 34 required by and pursuant to chapter 8A, subchapter VI 7I , and 35 -11- LSB 6807HH (4) 91 sc/ns 11/ 14

H.F. 2567 at the point of concentration and shall be made available for 1 inspection by the department at reasonable times. 2 Sec. 23. IOWA ARCHIVES AND HERITAGE CENTER APPROPRIATION. 3 1. There is appropriated from the rebuild Iowa 4 infrastructure fund created in section 8.57 to the Iowa state 5 archives and records authority for the fiscal year beginning 6 July 1, 2026, and ending June 30, 2027, the following amount, 7 or so much thereof as is necessary, to be used for the purposes 8 designated: 9 For constructing an Iowa archives and heritage center: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ ___ 11 2. In accordance with section 8.33, moneys appropriated for 12 capital expenditures in this section that remain unencumbered 13 or unobligated at the close of the fiscal year that begins 14 July 1, 2028, shall revert at the close of that fiscal year. 15 However, if the project for which the moneys are appropriated 16 is completed in an earlier fiscal year, unencumbered or 17 unobligated moneys shall revert at the close of that fiscal 18 year. 19 Sec. 24. REPEAL. Sections 8A.601, 8A.602, 8A.603, 8A.604, 20 8A.605, 8A.606, 8A.607, 8A.608, 8A.609, 8A.610, 8A.611, 8A.612, 21 8A.613, 8A.614, and 8A.615, Code 2026, are repealed. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill creates the Iowa state archives and records 26 authority (authority) and vests the powers of the authority 27 in the Iowa archives and heritage board, consisting of the 28 state archivist, three members of the public appointed by the 29 governor, two state representatives, two state senators, and 30 one academic historian or archival professional appointed by 31 the state board of regents. 32 The bill repeals Code chapter 8A, subchapter VI, the state 33 records and archives Act, adopts replacement provisions in new 34 Code chapter 7I, and transfers the duties currently performed 35 -12- LSB 6807HH (4) 91 sc/ns 12/ 14

H.F. 2567 by the department of administrative services (DAS) under Code 1 chapter 8A, subchapter VI, to the authority. The bill further 2 provides that the state archivist shall be appointed by the 3 secretary of state instead of by DAS. 4 The bill transfers authority over the historical resource 5 research centers in Des Moines and Iowa City from DAS to the 6 authority and prohibits the authority from closing, relocating, 7 selling, or materially reducing the operations of or public 8 access to a research center without approval from the general 9 assembly. The authority must also maintain a state archival 10 facility, which shall house industrial and business archives, 11 the Iowa digital memory library, and state records collections 12 and related manuscripts. The bill requires the authority to 13 establish a digital memory library for the purpose of digital 14 archiving. 15 The bill expands the definition of a record to include all 16 electronic mail of a senior official, rulemaking and policy 17 development documents, reports, and content posted on an 18 agency’s internet site. The bill provides that a person who 19 relocates a state record without authorization commits a simple 20 misdemeanor and a person who destroys a state record without 21 authorization commits a serious misdemeanor. Any person 22 may bring a civil action for injunctive relief to prevent 23 the unauthorized destruction of a public record. A simple 24 misdemeanor is punishable by confinement for no more than 30 25 days and a fine of at least $105 but not more than $855. A 26 serious misdemeanor is punishable by confinement for no more 27 than one year and a fine of at least $430 but not more than 28 $2,560. 29 The bill creates a fund under the control of the authority 30 for the purpose of hiring one full-time equivalent position to 31 assist with the preservation of digital state records and the 32 implementation of the Iowa digital memory library. The bill 33 also appropriates moneys to the authority from the rebuild Iowa 34 infrastructure fund for the construction of the Iowa archives 35 -13- LSB 6807HH (4) 91 sc/ns 13/ 14