House
File
867
H-1403
Amend
House
File
867
as
follows:
1
1.
Page
7,
after
line
22
by
inserting:
2
<
a.
As
a
condition
of
the
appropriation
in
this
subsection,
3
the
offices
of
the
governor
and
the
lieutenant
governor
shall
4
address
all
public
record
requests
submitted
to
the
offices
5
pursuant
to
chapter
22
on
or
before
June
11,
2021,
by
July
1,
6
2021.
If
the
offices
fail
to
address
such
a
public
record
7
request
by
July
1,
2021,
the
offices
shall
not
expend
the
8
moneys
appropriated
in
this
subsection
until
the
offices
9
address
the
public
record
request.
10
b.
As
a
condition
of
the
appropriation
in
this
subsection,
11
the
offices
of
the
governor
and
the
lieutenant
governor
shall
12
address
all
public
record
requests
submitted
to
the
offices
13
pursuant
to
chapter
22,
on
or
after
June
12,
2021,
within
14
twenty
calendar
days
after
receipt.
If
the
offices
fail
to
15
address
such
a
public
record
request
within
twenty
calendar
16
days
after
receipt,
the
offices
shall
not
expend
the
moneys
17
appropriated
in
this
subsection
until
the
offices
address
the
18
public
records
request.
>
19
2.
Page
18,
after
line
22
by
inserting:
20
<
DIVISION
___
21
PUBLIC
RECORDS
22
Sec.
___.
Section
22.3,
Code
2021,
is
amended
to
read
as
23
follows:
24
22.3
Supervision
——
fees.
25
1.
The
examination
and
copying
of
public
records
shall
26
be
done
under
the
supervision
of
the
lawful
custodian
of
the
27
records
or
the
custodian’s
authorized
designee.
The
lawful
28
custodian
shall
not
require
the
physical
presence
of
a
person
29
requesting
or
receiving
a
copy
of
a
public
record
and
shall
30
fulfill
requests
for
a
copy
of
a
public
record
received
in
31
writing,
by
telephone,
or
by
electronic
means.
Fulfillment
32
of
a
request
for
a
copy
of
a
public
record
may
be
contingent
33
upon
receipt
of
payment
of
reasonable
expenses
,
to
be
incurred
34
in
fulfilling
the
request
and
such
estimated
expenses
shall
35
-1-
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867.2164
(3)
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jda/tm
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3
#1.
#2.
be
communicated
to
the
requester
upon
receipt
of
the
request.
1
The
lawful
custodian
may
adopt
and
enforce
reasonable
rules
2
regarding
the
examination
and
copying
of
the
records
and
the
3
protection
of
the
records
against
damage
or
disorganization.
4
The
lawful
custodian
shall
provide
a
suitable
place
for
5
the
examination
and
copying
of
the
records,
but
if
it
is
6
impracticable
to
do
the
examination
and
copying
of
the
records
7
in
the
office
of
the
lawful
custodian,
the
person
desiring
to
8
examine
or
copy
shall
pay
any
necessary
expenses
of
providing
a
9
place
for
the
examination
and
copying.
10
2.
All
reasonable
expenses
of
the
examination
and
copying
11
shall
be
paid
by
the
person
desiring
to
examine
or
copy.
The
12
lawful
custodian
may
charge
a
reasonable
fee
for
the
services
13
of
the
lawful
custodian
or
the
custodian’s
authorized
designee
14
in
supervising
the
examination
and
copying
of
the
records.
15
If
copy
equipment
is
available
at
the
office
of
the
lawful
16
custodian
of
any
public
records,
the
lawful
custodian
shall
17
provide
any
person
a
reasonable
number
of
copies
of
any
public
18
record
in
the
custody
of
the
office
upon
the
payment
of
a
fee.
19
The
fee
for
the
copying
service
as
determined
by
the
lawful
20
custodian
shall
not
exceed
the
actual
cost
of
providing
the
21
service.
Actual
costs
shall
include
only
those
reasonable
22
expenses
directly
attributable
to
supervising
the
examination
23
of
and
making
and
providing
copies
of
public
records.
Actual
24
costs
shall
not
include
charges
for
legal
services
for
the
25
redaction
or
review
of
public
records
and
ordinary
expenses
or
26
costs
such
as
employment
benefits,
depreciation,
maintenance,
27
electricity,
or
insurance
associated
with
the
administration
28
of
the
office
of
the
lawful
custodian.
However,
a
county
29
recorder
shall
not
charge
a
fee
for
the
examination
and
copying
30
of
public
records
necessary
to
complete
and
file
claims
for
31
benefits
with
the
Iowa
department
of
veterans
affairs
or
the
32
United
States
department
of
veterans
affairs.
33
3.
Notwithstanding
subsections
1
and
2,
a
lawful
custodian
34
shall
not
require
payment
from
a
member
of
the
general
assembly
35
-2-
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867.2164
(3)
89
jda/tm
2/
3
in
connection
with
the
member’s
request
to
examine
or
copy
a
1
public
record.
>
2
3.
By
renumbering
as
necessary.
3
______________________________
SMITH
of
Black
Hawk
-3-
HF
867.2164
(3)
89
jda/tm
3/
3
#3.