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Senate File 202 - IntroducedA Bill ForAn Act 1relating to public records requests.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 22.3, subsection 1, Code 2023, is amended
2to read as follows:
31. The examination and copying of public records shall
4be done under the supervision of the lawful custodian of the
5records or the custodian’s authorized designee. The lawful
6custodian shall not require the physical presence of a person
7requesting or receiving a copy of a public record and shall
8fulfill requests for a copy of a public record received in
9writing, by telephone, or by electronic means. Although
10fulfillment of a request for a copy of a public record may be
11contingent upon receipt of payment of reasonable expenses, the
12lawful custodian shall make every reasonable effort to provide
13the public record requested at no cost other than copying costs
14for a record which takes less than thirty minutes to produce.
15In the event expenses are necessary, such expenses shall be
16reasonable and communicated to the requester upon receipt of
17the request in accordance with section 22.4, subsection 3.
18 A person may contest the reasonableness of the custodian’s
19expenses as provided for in this chapter. The lawful
20custodian may adopt and enforce reasonable rules regarding the
21examination and copying of the records and the protection of
22the records against damage or disorganization. The lawful
23custodian shall provide a suitable place for the examination
24and copying of the records, but if it is impracticable to do
25the examination and copying of the records in the office of
26the lawful custodian, the person desiring to examine or copy
27shall pay any necessary expenses of providing a place for the
28examination and copying.
29 Sec. 2. Section 22.4, Code 2023, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 3. Upon receipt of a request for a copy
32of a public record, the lawful custodian or the custodian’s
33authorized designee shall promptly do all of the following:
34a. Acknowledge the request and provide contact information
35for the lawful custodian or the custodian’s authorized
-1-1designee.
2b. Provide an approximate date by which an estimate for any
3reasonable expenses and the release of a copy of the public
4record or a response to the request pursuant to paragraph “c”
5will be provided to the requester.
6c. Upon a determination of any of the following, the lawful
7custodian or the custodian’s authorized designee shall promptly
8inform the requester of the following:
9(1) Any expected delay in the production of the public
10record.
11(2) That a public record responsive to the request does not
12exist.
13(3) That the record is confidential pursuant to section
1422.7.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill provides that upon receipt of a public record
19request, the lawful custodian shall promptly acknowledge the
20request and provide the lawful custodian’s contact information,
21and approximate date of the release of the public record and an
22estimate of any reasonable expenses associated with the public
23record request, if applicable. The custodian shall inform the
24requester of any delay in the production of the public record,
25if the requested public record does not exist, and if the
26requested public record is confidential.
-2-cm/rh
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 22.3, subsection 1, Code 2023, is amended
2to read as follows:
31. The examination and copying of public records shall
4be done under the supervision of the lawful custodian of the
5records or the custodian’s authorized designee. The lawful
6custodian shall not require the physical presence of a person
7requesting or receiving a copy of a public record and shall
8fulfill requests for a copy of a public record received in
9writing, by telephone, or by electronic means. Although
10fulfillment of a request for a copy of a public record may be
11contingent upon receipt of payment of reasonable expenses, the
12lawful custodian shall make every reasonable effort to provide
13the public record requested at no cost other than copying costs
14for a record which takes less than thirty minutes to produce.
15In the event expenses are necessary, such expenses shall be
16reasonable and communicated to the requester upon receipt of
17the request in accordance with section 22.4, subsection 3.
18 A person may contest the reasonableness of the custodian’s
19expenses as provided for in this chapter. The lawful
20custodian may adopt and enforce reasonable rules regarding the
21examination and copying of the records and the protection of
22the records against damage or disorganization. The lawful
23custodian shall provide a suitable place for the examination
24and copying of the records, but if it is impracticable to do
25the examination and copying of the records in the office of
26the lawful custodian, the person desiring to examine or copy
27shall pay any necessary expenses of providing a place for the
28examination and copying.
29 Sec. 2. Section 22.4, Code 2023, is amended by adding the
30following new subsection:
31 NEW SUBSECTION. 3. Upon receipt of a request for a copy
32of a public record, the lawful custodian or the custodian’s
33authorized designee shall promptly do all of the following:
34a. Acknowledge the request and provide contact information
35for the lawful custodian or the custodian’s authorized
-1-1designee.
2b. Provide an approximate date by which an estimate for any
3reasonable expenses and the release of a copy of the public
4record or a response to the request pursuant to paragraph “c”
5will be provided to the requester.
6c. Upon a determination of any of the following, the lawful
7custodian or the custodian’s authorized designee shall promptly
8inform the requester of the following:
9(1) Any expected delay in the production of the public
10record.
11(2) That a public record responsive to the request does not
12exist.
13(3) That the record is confidential pursuant to section
1422.7.
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill provides that upon receipt of a public record
19request, the lawful custodian shall promptly acknowledge the
20request and provide the lawful custodian’s contact information,
21and approximate date of the release of the public record and an
22estimate of any reasonable expenses associated with the public
23record request, if applicable. The custodian shall inform the
24requester of any delay in the production of the public record,
25if the requested public record does not exist, and if the
26requested public record is confidential.
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