Senate File 2192 - Introduced SENATE FILE 2192 BY SENG A BILL FOR An Act relating to open records requests and violations. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5774SS (4) 84 rh/rj

S.F. 2192 Section 1. NEW SECTION . 22.2A Record requests —— time 1 limits. 2 1. Upon receipt of an oral or written request to examine or 3 copy a public record, the lawful custodian shall, if feasible 4 in the ordinary course of business, permit such examination 5 or copying at the time of the request. If it is not feasible 6 in the ordinary course of business to permit examination or 7 copying of the public record at the time of the request, the 8 lawful custodian shall immediately notify the requester, orally 9 or in writing, when such examination or copying may take place, 10 which shall be no later than five business days from the time 11 of the request unless there is good cause for further delay. 12 If further delay is necessary because of good cause, the lawful 13 custodian shall provide the requester with a written statement 14 detailing the reason or reasons for the delay and the date by 15 which the request will be satisfied. 16 2. If the lawful custodian is in doubt as to whether the 17 record requested is a public record or whether the requester 18 should be permitted to examine or copy a public record 19 authorized but not required to be released under section 22.7, 20 the lawful custodian shall make that determination within ten 21 business days from the date of the request. Examination or 22 copying of the government record must be allowed within five 23 business days from the date the lawful custodian makes the 24 decision in such circumstances to permit examination or copying 25 of the record. 26 3. If the lawful custodian denies a request to examine or 27 copy a public record, the custodian must provide the requester 28 at the time of the denial a written statement denying the 29 request and detailing the specific reason or reasons for the 30 denial. 31 4. If the lawful custodian does not fulfill a request to 32 examine or copy a public record within the times prescribed 33 in this section, the request shall be deemed denied and the 34 requester shall be entitled to file a lawsuit against the 35 -1- LSB 5774SS (4) 84 rh/rj 1/ 4

S.F. 2192 lawful custodian pursuant to section 22.10. 1 Sec. 2. Section 22.8, subsection 4, paragraph d, Code 2011, 2 is amended to read as follows: 3 d. To determine whether a confidential record should be 4 available for inspection and copying to the person requesting 5 the right to do so. A reasonable delay for this purpose shall 6 not exceed twenty calendar days and ordinarily should not 7 exceed ten business days. In adjudicating an attorney fee 8 claim pursuant to a violation of this paragraph, the district 9 court shall make an express finding as to whether a delay in 10 making the government record available by a lawful custodian 11 was reasonable and in good faith. 12 Sec. 3. NEW SECTION . 22.15 Receipts and disbursements. 13 The records of accounts of receipts and disbursements of a 14 government body are public records and shall be made available 15 to the public upon request. 16 EXPLANATION 17 RECORDS REQUESTS —— TIME LIMITS. The bill provides that 18 upon receipt of an oral or written request to examine or copy 19 a public record, the lawful custodian shall, if feasible in 20 the ordinary course of business, permit such examination or 21 copying at the time of the request. If it is not feasible 22 in the ordinary course of business to permit examination or 23 copying of the public record at the time of the request, the 24 lawful custodian shall immediately notify the requester, orally 25 or in writing, when such examination or copying may take place 26 which shall be no later than five business days from the time 27 of the request unless there is good cause for further delay. 28 If further delay is necessary because of good cause, the lawful 29 custodian shall provide the requester with a written statement 30 detailing the reason or reasons for the delay and the date by 31 which the request will be satisfied. If the lawful custodian 32 is in doubt as to whether the record requested is a public 33 record or whether the requester should be permitted to examine 34 or copy a record authorized but not required to be released 35 -2- LSB 5774SS (4) 84 rh/rj 2/ 4

S.F. 2192 pursuant to Code section 22.7, the lawful custodian shall make 1 that determination within 10 business days from the date of the 2 request. Examination or copying of the record must be allowed 3 within five business days from the date the lawful custodian 4 makes the decision to permit examination or copying of the 5 record. If the lawful custodian denies a request to examine 6 or copy a record, the custodian must provide the requester at 7 the time of the denial a written statement denying the request 8 and detailing the specific reason or reasons for the denial. 9 If the lawful custodian does not fulfill a request to examine 10 or copy a public record within the time frames prescribed, 11 the request shall be deemed denied and the requester shall be 12 entitled to a lawsuit against the lawful custodian pursuant to 13 Code section 22.10. 14 RECORDS REQUESTS —— DELAYS —— ATTORNEY FEES. Current 15 law provides that a good-faith, reasonable delay by a lawful 16 custodian in permitting the examination and copying of a 17 government record is not a violation of Code chapter 22 if the 18 purpose of the delay is due to certain circumstances, including 19 if the lawful custodian needs time to determine whether a 20 confidential record should be available for inspection and 21 copying to the person requesting the right to do so. A 22 reasonable delay for this purpose shall not exceed twenty 23 calendar days and ordinarily should not exceed ten business 24 days. The bill provides that in adjudicating an attorney fee 25 claim pursuant to a violation of this provision, the district 26 court is required to make an express finding as to whether a 27 delay in allowing the release of the government record by a 28 lawful custodian was reasonable and in good faith. 29 RECEIPTS AND DISBURSEMENTS —— RECORDS REQUESTS. The 30 bill amends Code chapter 22 to provide that the records of 31 accounts of receipts and disbursements of a government body are 32 public records and shall be made available to the public upon 33 request. Under Code chapter 22, a government body includes a 34 state agency, any county, city, township, school corporation, 35 -3- LSB 5774SS (4) 84 rh/rj 3/ 4

S.F. 2192 political subdivision, tax-supported district, certain 1 nonprofit corporations, and the governing body of a drainage 2 or levee district. 3 -4- LSB 5774SS (4) 84 rh/rj 4/ 4