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House File 350 - 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 of
32a public record, the lawful custodian or the lawful custodian’s
33authorized designee shall do all of the fo11owing:
34a. Promptly acknowledge the request and provide contact
35information for the lawful custodian’s authorized designee.
-1- 1b. Provide an approximate date by which an estimate for any
2reasonable expenses and the release of a copy of the public
3record or a response to the request will be provided to the
4requester.
5c. Inform the requester of any expected delay in the
6production of the public record.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill provides that upon receipt of a public records
11request, the lawful custodian shall promptly provide the lawful
12custodian’s contact information, approximate date of the
13records release, an estimate of any reasonable fees associated
14with the records request, and any expected delay in production
15of the public records.
-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 of
32a public record, the lawful custodian or the lawful custodian’s
33authorized designee shall do all of the fo11owing:
34a. Promptly acknowledge the request and provide contact
35information for the lawful custodian’s authorized designee.
-1- 1b. Provide an approximate date by which an estimate for any
2reasonable expenses and the release of a copy of the public
3record or a response to the request will be provided to the
4requester.
5c. Inform the requester of any expected delay in the
6production of the public record.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill provides that upon receipt of a public records
11request, the lawful custodian shall promptly provide the lawful
12custodian’s contact information, approximate date of the
13records release, an estimate of any reasonable fees associated
14with the records request, and any expected delay in production
15of the public records.
-2-cm/rh