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House Journal: Page 1785: Monday, April 20, 1998

28   18.185, for the purpose of recommending program
29   improvements, efficiencies, and priorities to the
30   division of information technology services.
31     6.  Reviewing the basis of all charges and fees to
32   the public for accessing government records
33   electronically to ensure that the charges do not
34   exceed the reasonable cost of providing a public
35   record as provided in section 22.3A.
36     7.  Reviewing requests for proposals, proposals,
37   and contracts which involve the management and
38   operation of the IowAccess network by a private
39   entity.
40     8.  Monitoring privacy and confidentiality of
41   public records which are accessed electronically.
42     Sec. ___.  NEW SECTION.  18.183  POWERS AND
43   RESPONSIBILITIES VESTED IN INDIVIDUAL GOVERNMENT
44   AGENCIES.
45     1.  The government agency that is the lawful
46   custodian of a public record shall be responsible for
47   determining whether a record is required by state
48   statute to be confidential.  The transmission of a
49   record by a government agency by use of electronic
50   means established, maintained, or managed by the

Page 4

 1   division of information technology services shall not
 2   constitute a transfer of the legal custody of the
 3   record from the individual government agency to the
 4   division of information technology services or to any
 5   other person or entity.
 6     2.  The division of information technology services
 7   shall not have authority to determine whether an
 8   individual government agency should automate records
 9   of which the individual government agency is the
10   lawful custodian.  However, the division may encourage
11   governmental agencies to implement electronic access
12   to government records as provided in section 18.182.
13     3.  A government agency shall not limit access to a
14   record by requiring a citizen to receive the record
15   electronically as the only means of providing the
16   record.  A person shall have the right to examine and
17   copy a printed form of a public record as provided in
18   section 22.2, unless the public record is
19   confidential.
20     4.  A person who contracts with a government agency
21   to provide access or disseminate public records by
22   electronic or other means shall pay the same fee which
23   would be charged to the public under chapter 22 for
24   any public record that is in any manner utilized by
25   the person in a venture that is not part of the
26   contract with the government agency.
27     Sec. ___.  NEW SECTION.  18.184  FINANCIAL

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URL: /DOCS/GA/77GA/Session.2/HJournal/01700/01785.html
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