HF 2567 (LSB 6807HH (4) 91)

HOUSE FILE 2567

BY  THOMSON

A BILL FOR

An Act creating the Iowa state archives and records authority, providing penalties, and making appropriations.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  7I.1  Legislative findings.
   The general assembly finds that the industrial, cultural, political, agricultural, and digital history of Iowa must be preserved for future generations and that Iowa’s historical records are a public asset requiring professional and independent management.
    Sec. 2.  NEW SECTION.  7I.2  Definitions.
   As used in this chapter, unless the context otherwise requires:
   1.  “Agency” means any executive or legislative branch department, office, commission, board, or other unit of state government except as otherwise excluded under this chapter.
   2.  “Archives” means records that have been appraised by the state records commission as having sufficient historical, research, evidential, or informational value to warrant permanent preservation and that have been transferred to the custody of the state archives.
   3.  “Authority” means the Iowa state archives and records authority.
   4.  “Commission” means the state records commission created in section 7I.6.
   5.  “Custody” means guardianship or control of records, including both physical possession, referred to as physical custody, and legal responsibility, referred to as legal custody, unless one or the other is specified.
   6.  “Government records program” means a systematic state government program for the creation, organization, administrative use, maintenance, security, public availability, and final disposition of records.
   7.  “Guideline” means a suggested method of operation for specific activities.
   8.  “Policy” means a basic statement describing the boundaries within which activities are to take place.
   9.  “Record” means a document, book, paper, electronic record, photograph, sound recording, or other material, regardless of physical form or characteristics, made, produced, executed, or received pursuant to law in connection with the transaction of official business of state government, including electronic mail of a senior official, a rulemaking or policy development document, a report, or content posted on an agency’s internet site. “Record” does not include library and museum material made or acquired and preserved solely for reference or exhibition purposes or stocks of publications and unprocessed forms.
   10.  “Records series retention and disposition schedule” means a timetable established by the state records commission that describes the length of time a records series of an agency or multiple agencies must be retained in active and inactive status and provides authorization for a final disposition of the records series by destruction or permanent retention.
   11.  “Standard” means a specific rule or principle established to measure quality or value.
   12.  “Vital operating record” means a record containing information essential to continue or to reestablish an agency in the event of a natural or other disaster, allowing the recreation of the state’s legal and financial status, and the determination of the rights and obligations of the state and residents of the state.
    Sec. 3.  NEW SECTION.  7I.3  Iowa state archives and records authority.
   1.  The Iowa state archives and records authority is created.
   2.  The powers of the authority are vested in and shall be exercised by the Iowa archives and heritage board. The board shall consist of all of the following members:
   a.  A state archivist appointed by the secretary of state.
   b.  Three members of the public appointed by the governor subject to confirmation by the senate.
   c.  Two state representatives, one appointed by the speaker of the house of representatives and one by the minority leader of the house of representatives, and two state senators, one appointed by the majority leader of the senate and one by the minority leader of the senate.
   d.  One academic historian or archival professional appointed by the state board of regents.
   3.  The state archivist shall serve as the chairperson for the Iowa archives and heritage board. Board members shall serve at the pleasure of the appointing authority.
   4.  The board is not subject to section 4A.5.
    Sec. 4.  NEW SECTION.  7I.4  Research centers and archival facility.
   1.  The authority shall maintain research centers in Des Moines and Iowa City. The authority shall not close, relocate, sell, or materially reduce the operations of or public access to a research center without approval from the general assembly.
   2.  The authority shall maintain a state archival facility, which shall house all of the following:
   a.  Industrial and business archives, including records related to agriculture and transportation, oral histories, promotional materials, catalogs, pamphlets, product packaging, and other materials documenting the state’s economic development.
   b.  The Iowa digital memory library.
   c.  State records collections and related manuscripts.
    Sec. 5.  NEW SECTION.  7I.5  Iowa digital memory library.
   The authority shall establish the Iowa digital memory library. The Iowa digital memory library shall conduct digital archiving and form partnerships with other entities for the purpose of ingesting digital content.
    Sec. 6.  NEW SECTION.  7I.6  Commission created.
   1.  A state records commission is created. The commission shall consist of the following officials:
   a.  The secretary of state.
   b.  The treasurer of state.
   c.  The director of revenue.
   d.  The director of the department of management.
   e.  The state librarian.
   f.  The auditor of state.
   g.  The director of the department of administrative services.
   2.  A commission member may appoint a year-round, full-time state employee to regularly represent the commission member in the activities of the commission for a period of at least two years.
    Sec. 7.  NEW SECTION.  7I.7  Commission purpose.
   The commission shall adopt government information policies, standards, and guidelines to do all of the following:
   1.  Provide for economy and efficiency in the creation, organization, maintenance, administrative use, security, public availability, and final disposition of government records.
   2.  Ensure creation of proper documentation of the organization, functions, policies, decisions, procedures, and essential transactions of state government agencies to protect the legal and financial rights of the state and of persons directly affected by the government’s activities.
   3.  Identify and preserve state government records that document the history and development of the state.
    Sec. 8.  NEW SECTION.  7I.8  Expenses.
   Members of the commission shall serve without compensation but may receive actual expenses incurred in the performance of their duties.
    Sec. 9.  NEW SECTION.  7I.9  Meetings.
   The commission shall have offices at the seat of government but may hold meetings in other locations. The commission shall meet at the call of the chairperson.
    Sec. 10.  NEW SECTION.  7I.10  Commission administration.
   The authority, through the state archives and government records program, is the primary agency responsible for providing administrative personnel and services for the commission.
    Sec. 11.  NEW SECTION.  7I.11  Commission responsibilities.
   1.  The commission shall do all of the following:
   a.  Develop and adopt government information policies, standards, and guidelines for the creation, storage, retention, and disposition of records.
   b.  In consultation with the department of homeland security and emergency management, establish policies, standards, and guidelines for the identification, protection, and preservation of records essential for the continuity or reestablishment of governmental functions in the event of an emergency arising from a natural or other disaster.
   c.  Provide planning, policy development, and review for the government records program.
   d.  Adopt rules pursuant to chapter 17A that provide government information policies and standards.
   e.  Adopt and maintain an interagency records manual containing the rules governing records management, as well as records series retention and disposition schedules, guidelines, and other information relating to implementation of this chapter.
   f.  Make recommendations, in consultation with the authority, to the governor and the general assembly for the continued reduction of printed reports throughout state government in a manner that protects the public’s right to access such reports.
   g.  Provide advice, counsel, and services to the agencies subject to this chapter on the care and management of state government records.
   h.  Report to the governor and the general assembly on the status of the government records program.
   i.  Perform any act necessary and proper to carry out the commission’s duties.
   2.  The commission may do all of the following:
   a.  Examine records in the possession, constructive possession, or control of agencies to carry out the purposes of this chapter.
   b.  Enter into agreements and contracts.
   c.  Secure appropriations, grants, or other outside funding.
   d.  Appoint advisory committees of citizens, public officials, or professional consultants to secure advice on records issues.
   e.  Make, or cause to be made, preservation duplicates of records, which may include existing copies of original state records. Any preservation duplicate record shall be durable, accurate, complete, and clear, and shall be made by means designated by the commission.
   f.  Develop appropriate charges for services provided for the convenience of agencies, political subdivisions, or the public.
   g.  Provide advice and counsel to political subdivisions on the care and management of local government records.
   h.  Establish a centralized records storage facility.
    Sec. 12.  NEW SECTION.  7I.12  Authority responsibilities.
   1.  The authority shall do all of the following as it relates to state records and archives:
   a.  Administer the state archives and government records program and provide administrative support to the state records commission through the state archives and government records program.
   b.  Maintain all official records of the state records commission.
   c.  Provide training, advice, and counsel to agencies on government information policies, standards, and guidelines.
   d.  Recommend records series retention and disposition schedules to the commission for consideration.
   e.  Recommend plans, policies, standards, and guidelines on records issues to the commission for consideration.
   f.  Compile, update, and distribute the state records manual as adopted by the commission.
   g.  Manage any centralized records storage facility established by the commission for the temporary storage of agency records prior to the final disposition of the records by destruction or permanent preservation in accordance with the records series retention and disposition schedules.
   h.  Develop and distribute operating procedures for agencies to use to implement the plans, policies, standards, and guidelines adopted by the commission.
   i.  Provide advice, counsel, and services to the agencies subject to this chapter on the care and management of state government records.
   j.  Manage the state archives and develop operating procedures for the transfer, accession, arrangement, description, preservation, protection, and public access of those records the commission identifies as having permanent value.
   k.  Maintain custody of archives that have been transferred and delivered to the state archives.
   (1)  Upon receipt by the state archivist, the archives shall not be removed without the state archivist’s consent except in response to a subpoena of a court of record or in accordance with approved records series retention and disposition schedules or after review and approval of the commission.
   (2)  Upon request, the state archivist shall make a certified copy of any record in the legal custody or in the physical custody of the state archivist, or a certified transcript of any record if reproduction is inappropriate because of legal or physical considerations. If a copy or transcript is properly authenticated, it has the same legal effect as though certified by the officer from whose office it was transferred or by the secretary of state. The authority shall establish reasonable fees for certified copies or certified transcripts of records in the legal custody or physical custody of the state archivist.
   l.  Establish, maintain, and administer an archive of records created and maintained in electronic format in order to preserve and provide public access to state government records identified as having permanent historical value by the commission.
   2.  The authority may do any of the following as it relates to state records and archives:
   a.  Upon written consent of the state archivist, accept records of political subdivisions that are voluntarily transferred to the state archives.
   b.  Provide advice and counsel to political subdivisions on the care and management of local government records.
   c.  Coordinate with a state university, community college, Indian tribe, local historical society, or private archive.
    Sec. 13.  NEW SECTION.  7I.13  Agency head responsibilities.
   1.  Each agency head shall do all of the following:
   a.  Make and maintain records containing adequate and proper documentation of the agency organization, functions, policies, decisions, procedures, and essential transactions designed to furnish information to protect the legal and financial rights of the state and of persons directly affected by the agency’s activities.
   b.  Designate one or more year-round, full-time agency officials with broad understanding of agency programs and records to be an agency records officer to coordinate records programs within the agency and to be the point of contact with the state archives and government records program.
   c.  Cooperate with the state records commission and the state archives and government records program in the development and implementation of government information policies, standards, and guidelines, and in the development and implementation of records series retention and disposition schedules.
   d.  Comply with requests from the state records commission or the state archives and government records program to examine records in the possession, constructive possession, or control of the agency in order to carry out the purposes of this chapter.
   e.  Prepare a detailed listing of the volume, scope, and complexity of the agency’s records in accordance with state records commission policies to draft records series retention and disposition schedules.
   f.  Identify vital operating records in accordance with the policies, standards, and guidelines of the state records commission.
   g.  Provide for the identification, protection, and preservation of vital operating records in the custody of the agency.
   h.  Prepare all mandated reports, newsletters, and publications for electronic distribution in accordance with government information policies, standards, and guidelines. A reference copy of all mandated reports, newsletters, and publications shall be located at an electronic repository for public access.
   i.  Provide for maximum economy and efficiency in the day-to-day recordkeeping activities of the agency.
   j.  Provide for compliance with this chapter and the rules adopted by the state records commission.
   2.  An agency head may petition the state records commission to create or modify government information policies, standards, and guidelines, and to create or modify records series retention and disposition schedules.
    Sec. 14.  NEW SECTION.  7I.14  Termination of state agency —— records transfer.
   Upon the termination of a state agency whose functions have not been transferred to another agency, custody of the records of the agency shall transfer to the commission.
    Sec. 15.  NEW SECTION.  7I.15  Duplicates.
   A preservation duplicate record shall have the same force and effect for all purposes as the original record whether or not the original record is in existence. A certified transcript, exemplification, or copy of a preservation duplicate record shall be deemed for all purposes to be a certified transcript, exemplification, or copy of the original record.
    Sec. 16.  NEW SECTION.  7I.16  Records state property —— penalties.
   1.  All records made or received by or under the authority of or coming into the custody, control, or possession of a public official of this state in the course of the official’s public duties are the property of the state and shall not be mutilated, destroyed, transferred, removed, or otherwise damaged or disposed of, in whole or in part, except as provided by law or by rule.
   2.  A person who relocates a state record without authorization commits a simple misdemeanor.
   3.  A person who destroys a state record without authorization commits a serious misdemeanor.
   4.  Any person may bring a civil action for injunctive relief to prevent the unauthorized destruction of a public record.
    Sec. 17.  NEW SECTION.  7I.17  Liability precluded.
   A member of the commission or head of an agency shall not be held liable for damages or loss, civilly or criminally, because of the destruction of public records pursuant to the provisions of this chapter or any other law authorizing the destruction of the record.
    Sec. 18.  NEW SECTION.  7I.18  Exemptions —— duties of state department of transportation and state board of regents.
   The state department of transportation, the state board of regents, and institutions under the control of the state board of regents are exempt from the state records manual and the provisions of this chapter. However, the state department of transportation and the state board of regents shall adopt rules pursuant to chapter 17A for their employees and institutions that are consistent with the objectives of this chapter. The rules shall be approved by the state records commission.
    Sec. 19.  NEW SECTION.  7I.19  Kim Reynolds chair of digital preservation and state archives.
   A fund is created within the state treasury under the control of the authority. The fund shall consist of moneys appropriated to the fund by the general assembly and any other moneys available to and obtained or accepted by the authority for deposit in the fund. Moneys in the fund are appropriated to the authority for one full-time equivalent position for an academic position to be known as the governor Kim Reynolds chair of digital preservation and state archives. The person hired for this position shall assist with the preservation of digital state records and the implementation of the Iowa digital memory library. Notwithstanding section 8.33, moneys in the fund that remain unencumbered or unobligated at the close of a fiscal year shall not revert but shall remain available for expenditure for the purposes designated. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys in the fund shall be credited to the fund.
    Sec. 20.  Section 8A.707, subsection 2, Code 2026, is amended to read as follows:
   2.  The department shall:
   a.  Have have authority to acquire by fee simple title historic properties by gift, purchase, devise, or bequest; preserve, restore, transfer, and administer historic properties; and charge reasonable admission to historic properties.
   b.  Maintain research centers in Des Moines and Iowa City.
    Sec. 21.  Section 22.16, subsection 1, Code 2026, is amended to read as follows:
   1.  Notwithstanding any provision of law to the contrary, a public record that is an archive, as defined in section 8A.602 7I.2, shall be available for public examination and copying under this chapter if the public record was created at least one hundred years prior to a request for access to the record, subject to the requirements of this section. 
    Sec. 22.  Section 163.37, subsection 3, Code 2026, is amended to read as follows:
   3.  Such records shall be maintained for a length of time as required by and pursuant to chapter 8A, subchapter VI 7I, and at the point of concentration and shall be made available for inspection by the department at reasonable times.
    Sec. 23.  IOWA ARCHIVES AND HERITAGE CENTER APPROPRIATION.
   1.  There is appropriated from the rebuild Iowa infrastructure fund created in section 8.57 to the Iowa state archives and records authority for the fiscal year beginning July 1, 2026, and ending June 30, 2027, the following amount, or so much thereof as is necessary, to be used for the purposes designated:
   For constructing an Iowa archives and heritage center:
   ...................................................................... $        ___

   2.  In accordance with section 8.33, moneys appropriated for capital expenditures in this section that remain unencumbered or unobligated at the close of the fiscal year that begins July 1, 2028, shall revert at the close of that fiscal year. However, if the project for which the moneys are appropriated is completed in an earlier fiscal year, unencumbered or unobligated moneys shall revert at the close of that fiscal year.
    Sec. 24.  REPEAL.  Sections 8A.601, 8A.602, 8A.603, 8A.604, 8A.605, 8A.606, 8A.607, 8A.608, 8A.609, 8A.610, 8A.611, 8A.612, 8A.613, 8A.614, and 8A.615, Code 2026, are repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill creates the Iowa state archives and records authority (authority) and vests the powers of the authority in the Iowa archives and heritage board, consisting of the state archivist, three members of the public appointed by the governor, two state representatives, two state senators, and one academic historian or archival professional appointed by the state board of regents.
   The bill repeals Code chapter 8A, subchapter VI, the state records and archives Act, adopts replacement provisions in new Code chapter 7I, and transfers the duties currently performed by the department of administrative services (DAS) under Code chapter 8A, subchapter VI, to the authority. The bill further provides that the state archivist shall be appointed by the secretary of state instead of by DAS.
   The bill transfers authority over the historical resource research centers in Des Moines and Iowa City from DAS to the authority and prohibits the authority from closing, relocating, selling, or materially reducing the operations of or public access to a research center without approval from the general assembly. The authority must also maintain a state archival facility, which shall house industrial and business archives, the Iowa digital memory library, and state records collections and related manuscripts. The bill requires the authority to establish a digital memory library for the purpose of digital archiving.
   The bill expands the definition of a record to include all electronic mail of a senior official, rulemaking and policy development documents, reports, and content posted on an agency’s internet site. The bill provides that a person who relocates a state record without authorization commits a simple misdemeanor and a person who destroys a state record without authorization commits a serious misdemeanor. Any person may bring a civil action for injunctive relief to prevent the unauthorized destruction of a public record. A simple misdemeanor is punishable by confinement for no more than 30 days and a fine of at least $105 but not more than $855. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.
   The bill creates a fund under the control of the authority for the purpose of hiring one full-time equivalent position to assist with the preservation of digital state records and the implementation of the Iowa digital memory library. The bill also appropriates moneys to the authority from the rebuild Iowa infrastructure fund for the construction of the Iowa archives and heritage center.