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 primarily involving 3 a government body as defined in section 22.1, including but 4 not limited to videos, electronic storage, documents, tapes, 5 or other information, stored or preserved in any medium, 6 under the control of the public broadcasting division of the 7 department of education, shall be considered public records as 8 defined in section 22.1 and subject to the right of examination 9 as provided in section 22.2 unless the record is deemed 10 confidential under the provisions of section 22.7. 11 b. The board, administrator, department, or any other 12 entity on behalf of the state shall not enforce any copyright, 13 trademark, or other intellectual property right on a public 14 record identified in paragraph “a” that is created prior to 15 December 31, 2009, for requests that specify an educational, 16 historical, or cultural purpose for use of the requested public 17 record and shall not be released for any endorsement, political 18 purpose, or to generate a profit. 19 c. Nothing in this subsection shall be interpreted to 20 violate any marketing, licensing, or other similar agreement 21 in place as of January 1, 2020, but any public records request 22 relating to any record identified in paragraph “a” that is 23 denied by the board, administrator, department, or any other 24 entity on behalf of the state shall identify the specific 25 marketing, licensing, or other similar agreement which shall 26 also be provided to the requestor. A denial of a public 27 records request made pursuant to this subsection shall be a 28 final agency action pursuant to section 17A.15, and if the 29 denial of a public records request made pursuant to this 30 subsection is reversed by a district court, the government body 31 shall be responsible for costs and reasonable attorney fees. 32 d. Nothing in this subsection shall be interpreted to be a 33 violation of any criminal law enumerated under Title XVI. 34 -1- HF 2488 (3) 89 cm/rh/md 1/ 1