Creating the Iowa state archives and records authority, providing penalties, and making appropriations

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.