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- HF 867.2164 (3) 89 jda/tm 1/ 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- HF 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.