Senate
File
2291
-
Introduced
SENATE
FILE
2291
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
3113)
A
BILL
FOR
An
Act
relating
to
the
inspection
and
examination
of
certain
1
public
records
under
the
custody
of
the
state
archivist.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2291
Section
1.
NEW
SECTION
.
22.16
Inspection
of
records
——
1
state
archives.
2
1.
Notwithstanding
any
provision
of
law
to
the
contrary,
3
a
public
record
that
is
an
archive,
as
defined
in
section
4
305.2,
shall
be
available
for
public
examination
and
copying
5
under
this
chapter
if
the
public
record
was
created
at
least
6
one
hundred
years
prior
to
a
request
for
access
to
the
record,
7
subject
to
the
requirements
of
this
section.
8
2.
A
public
record
as
described
in
this
section
shall
not
9
be
available
for
examination
and
copying
under
any
of
the
10
following
circumstances:
11
a.
The
public
record
is
ordered
to
be
sealed
and
is
not
12
subject
to
inspection
by
any
federal
or
state
court.
13
b.
The
public
record
is
prohibited
from
being
disclosed
14
under
any
federal
law,
rule,
or
regulation.
15
Sec.
2.
Section
144.43,
subsection
3,
Code
2018,
is
amended
16
by
adding
the
following
new
paragraph:
17
NEW
PARAGRAPH
.
e.
A
record
of
death
that
is
a
fetal
death
18
in
the
custody
of
the
state
archivist.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
concerns
certain
public
records
under
the
custody
23
of
the
state
archives.
24
New
Code
section
22.16
allows
for
the
examination
and
25
copying
of
a
public
record
that
is
an
archive
as
defined
in
26
Code
section
305.2
that
was
created
at
least
100
years
prior
to
27
the
request.
The
bill
provides
that
a
public
record
meeting
28
the
requirements
for
examination
and
copying
shall
not
be
made
29
available
if
the
public
record
is
ordered
to
be
sealed
and
is
30
not
subject
to
inspection
by
any
federal
or
state
court
or
is
31
otherwise
prohibited
from
being
disclosed
under
any
federal
32
law,
rule,
or
regulation.
33
Code
section
144.43,
concerning
vital
records,
is
amended
34
to
provide
that
a
record
of
death
that
is
a
fetal
death
may
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be
inspected
if
the
record
is
in
the
custody
of
the
state
1
archivist
and
is
at
least
75
years
old.
Current
law
only
2
allows
the
state
archivist
to
release
a
record
of
death
in
the
3
custody
of
the
state
archivist
if
the
death
was
not
a
fetal
4
death
and
is
at
least
75
years
old.
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