Open records bill changed to exempt Iowa Capitol security footage

Legislation adding new requirements to Iowa's open records laws was amended in the Iowa Senate on Thursday to bar the public from accessing Iowa Capitol security camera footage, a move that critics say limits transparency in state government.

After the Iowa House passed House File 706 last month, the Senate was the bill’s final hurdle before going to the governor for approval. The legislation would increase penalties for violating the state’s open meetings laws and require public information training for most public officials.

Now the amended legislation is going back to the House for final approval, with added provisions exempting Iowa Capitol building security camera footage and identification card access system data from open records requests.

The bill’s House sponsor, Republican Rep. Gary Mohr of Bettendorf, introduced the legislation following the 2023 partial collapse of a building in downtown Davenport and a $1.6 million departure agreement with Davenport's city administrator without a public council vote.

Republican Sen. Scott Webster, of Bettendorf, the bill's Senate floor manager, said it would increase transparency while enhancing the safety of state lawmakers and legislative staff by not letting members of the public track their schedules by accessing key card data and security camera footage.

“People there have been struggling and trying to find public information and been getting stonewalled day after day by a particular city, the city of Davenport, to not find the causes of that particular building collapse,” Webster said. “This is for the safety of the members of the chamber, also the staff within the building, to make sure that we are not in a situation where somebody can track those particular people in their patterns in order to do them harm."

The bill would increase fines for public officials who do not follow the open meetings or records requirements from between $100 and $500 to between $500 and $2,500. The bill would increase damages if a violation was knowingly committed from between $1,000 and $2,500 to between $5,000 and $12,500.

Under the legislation, newly elected or appointed public officials would be required to complete public records training provided by the Iowa Public Information Board within 90 days of taking oath or assuming office.

Democratic Sen. Janet Petersen, of Des Moines, said the amendment should have been vetted in subcommittee, saying that it’s changing the standards of what is an open record and creates a lack of transparency at the Capitol.

“They're (Iowans) paying the bill for this beautiful building. Why would we take public access away from them in an open meetings bill no less?” Petersen said. “To take away public access and say it's because of security? No, it's not. In fact, I believe it makes every one of us in this building less safe. If some shenanigans happen out there in the rotunda at a protest, shouldn't the public be able to request those videos?”

Webster added that if a crime is committed at the Iowa Capitol, the security camera footage would still be available to the public through subpoenas used in the court case.

Democratic Sen. Herman Quirmbach, of Ames, argued that the average citizen doesn’t have access to getting a subpoena.

“The advocate for the amendment expressed concern about people being able to discover blind spots,” Quirmbach said. “The irony is lost on the supporters of the amendment that the amendment itself creates the biggest blind spot of all. It darkens the public access to the ongoing functions of this legislature.”

Randy Evans, executive director of the Iowa Freedom of Information Council, said making Capitol security camera footage and security card-reader data accessible to the public increases transparency.

“We certainly are mindful of the need for public safety. No one wants to jeopardize anyone's safety at the Iowa Capitol,” Evans said. “But in this case, the security camera footage from the Capitol should be subject to release. No one in the public spaces of a government building has an expectation that such video would not be subject to release upon request. If protesters act improperly and cause damage to the building or harm to its occupants, or if Capitol police use force against interest groups gathering in the Capitol, that video should be available — just as video recorded by law officers is regularly released at the conclusion of appropriate investigations.”

Mohr said he worked with Senate lawmakers to pare down the amendment, which was originally broader. He is confident about the bill’s chances when it comes back to the House, and eventually, goes in front of the governor. He added that he’s happy to make tweaks to it in future sessions, but would like to see it passed this year.

“This has been passed twice, let’s not throw the baby out with the bath water,” Mohr told the Quad-City Times.

The legislation passed through the House and Senate in 2024 but was vetoed by Gov. Kim Reynolds over a Senate-added amendment that would’ve expanded exceptions to open meeting requirements.

The amended version passed the Senate 34-13 on Thursday. Democratic Sens. Cindy Winckler and Mike Zimmer, whose districts include parts of Scott County, voted against the amendment but joined Republicans in voting for final passage.

Quad-City Times reporter Sarah Watson contributed to this report.