House File 2490 S-5116 Amend House File 2490, as passed by the House, as follows: 1 1. Page 1, line 20, by striking < any > and inserting < the 2 primary > 3 2. Page 1, line 22, before < internet > by inserting < primary > 4 3. Page 1, after line 29 by inserting: 5 < Sec. ___. Section 22.3, Code 2026, is amended to read as 6 follows: 7 22.3 Supervision —— fees. 8 1. The examination and copying of public records shall 9 must be done conducted under the supervision of the lawful 10 custodian of the records or the lawful custodian’s authorized 11 designee. The lawful custodian shall not require the physical 12 presence of a person requesting or receiving a copy of a public 13 record and shall must fulfill requests for a copy of a public 14 record received in writing, by telephone, or by electronic 15 means. Although While fulfillment of a request for a copy of 16 a public record may be contingent upon receipt of depend on 17 payment of reasonable expenses, the lawful custodian shall make 18 every reasonable effort to provide the public record requested 19 at no cost other than copying costs for a record which takes 20 records that take less than thirty minutes to produce. In the 21 event If expenses are necessary, such expenses incurred, the 22 expenses shall be reasonable and communicated to the requester 23 upon receipt of receiving the request. The lawful custodian 24 may provide a preliminary cost estimate based on a reasonable 25 assessment of the request, without conducting a full search, 26 retrieval, review, or redaction of the requested public record. 27 If the lawful custodian determines a preliminary cost estimate 28 is to be provided for the request, the lawful custodian may 29 require a deposit of no more than one hundred dollars to 30 conduct the preliminary cost estimate. After conducting the 31 preliminary cost estimate, the lawful custodian shall return 32 the deposit or apply it to payment of the preliminary cost 33 estimate, as applicable, as determined by the requester. 34 The lawful custodian may require advance payment of the 35 -1- HF 2490.3494 (2) 91 lh/ns 1/ 4 #1. #2. #3.

preliminary cost estimate before beginning the retrieval, 1 review, redaction, or copying of the requested public record. 2 If the actual expenses exceed the advance payment, the lawful 3 custodian may require full payment before releasing the 4 public record. A person may contest the reasonableness of the 5 lawful custodian’s expenses as provided for in this chapter . 6 The lawful custodian may adopt and enforce reasonable rules 7 regarding the examination for examining and copying of the 8 public records and the protection of the for protecting records 9 against damage or disorganization. The lawful custodian shall 10 provide a suitable place location for the examination examining 11 and copying of the public records , but if it is impracticable 12 to do the examination . If examining and copying of the records 13 in the office of the lawful custodian is impractical , the 14 person desiring to examine or copy requesting access to the 15 public record shall pay any necessary additional expenses 16 of for providing a place for the examination and copying an 17 additional space . 18 2. All reasonable expenses of the examination for examining 19 and copying a public record shall be paid by the person 20 desiring to examine or copy requesting access to the public 21 record . The lawful custodian may charge a reasonable fee for 22 supervising the examining and copying of a public record, 23 including the services of the lawful custodian or the lawful 24 custodian’s authorized designee in supervising the examination 25 and copying of the records . If copy equipment is available at 26 the lawful custodian’s office of the lawful custodian of any 27 public records , the lawful custodian shall provide any person a 28 reasonable number of copies of any public record in the custody 29 of the office upon the payment of a fee. The copying fee , for 30 the copying service as determined by the lawful custodian , 31 shall not exceed the actual cost of providing the service. 32 Actual costs shall include only those reasonable expenses 33 directly attributable related to supervising the examination 34 of and making and providing copies of public records. Actual 35 -2- HF 2490.3494 (2) 91 lh/ns 2/ 4

costs shall not include charges for ordinary expenses or 1 costs such as employment benefits, depreciation, maintenance, 2 electricity, or insurance associated with the administration of 3 the office of the lawful custodian. Costs for legal services 4 should only be utilized for the redaction or review of legally 5 protected confidential information. A lawful custodian may 6 use reasonable sampling, categorization, prior experience with 7 similar requests, or other methods to prepare a preliminary 8 cost estimate. Preparing the preliminary cost estimate does 9 not require completing the full search, retrieval, review, and 10 redaction process. However, a county recorder shall not charge 11 a fee for the examination examining and copying of public 12 records necessary to complete and file claims for benefits with 13 the Iowa department of veterans affairs or the United States 14 department of veterans affairs. 15 Sec. ___. Section 22.7, subsection 11, paragraph a, Code 16 2026, is amended by adding the following new subparagraphs: 17 NEW SUBPARAGRAPH . (6) The last date the individual, 18 who resigned from or was discharged by the government body, 19 performed work or actively carried out essential functions 20 of the position, regardless of whether the information is 21 contained in a written document, contract, agreement, or 22 arrangement. 23 NEW SUBPARAGRAPH . (7) The amount of moneys and public 24 benefits provided to the individual for any continuation of 25 pay, severance, or other compensation or benefits in excess of 26 the amounts owed for work performed by the individual prior 27 to the individual’s last day as an employee, contractor, or 28 appointee for the government body, regardless of whether the 29 information is contained in a written document, contract, 30 agreement, or arrangement. > 31 4. Title page, by striking lines 1 and 2 and inserting 32 < An Act relating to public meetings and records, including 33 public notice requirements for meetings of a governmental body, 34 costs associated with examining and copying public records, 35 -3- HF 2490.3494 (2) 91 lh/ns 3/ 4

and employment separation information for certain government 1 employees, contractors, or appointees. > 2 5. By renumbering as necessary. 3 ______________________________ COMMITTEE ON STATE GOVERNMENT KEN ROZENBOOM, CHAIRPERSON -4- HF 2490.3494 (2) 91 lh/ns 4/ 4 #5.