Senate
File
202
-
Introduced
SENATE
FILE
202
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
1036)
A
BILL
FOR
An
Act
relating
to
public
records
requests.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
TLSB
1155SV
(3)
90
cm/rh
S.F.
202
Section
1.
Section
22.3,
subsection
1,
Code
2023,
is
amended
1
to
read
as
follows:
2
1.
The
examination
and
copying
of
public
records
shall
3
be
done
under
the
supervision
of
the
lawful
custodian
of
the
4
records
or
the
custodian’s
authorized
designee.
The
lawful
5
custodian
shall
not
require
the
physical
presence
of
a
person
6
requesting
or
receiving
a
copy
of
a
public
record
and
shall
7
fulfill
requests
for
a
copy
of
a
public
record
received
in
8
writing,
by
telephone,
or
by
electronic
means.
Although
9
fulfillment
of
a
request
for
a
copy
of
a
public
record
may
be
10
contingent
upon
receipt
of
payment
of
reasonable
expenses,
the
11
lawful
custodian
shall
make
every
reasonable
effort
to
provide
12
the
public
record
requested
at
no
cost
other
than
copying
costs
13
for
a
record
which
takes
less
than
thirty
minutes
to
produce.
14
In
the
event
expenses
are
necessary,
such
expenses
shall
be
15
reasonable
and
communicated
to
the
requester
upon
receipt
of
16
the
request
in
accordance
with
section
22.4,
subsection
3
.
17
A
person
may
contest
the
reasonableness
of
the
custodian’s
18
expenses
as
provided
for
in
this
chapter
.
The
lawful
19
custodian
may
adopt
and
enforce
reasonable
rules
regarding
the
20
examination
and
copying
of
the
records
and
the
protection
of
21
the
records
against
damage
or
disorganization.
The
lawful
22
custodian
shall
provide
a
suitable
place
for
the
examination
23
and
copying
of
the
records,
but
if
it
is
impracticable
to
do
24
the
examination
and
copying
of
the
records
in
the
office
of
25
the
lawful
custodian,
the
person
desiring
to
examine
or
copy
26
shall
pay
any
necessary
expenses
of
providing
a
place
for
the
27
examination
and
copying.
28
Sec.
2.
Section
22.4,
Code
2023,
is
amended
by
adding
the
29
following
new
subsection:
30
NEW
SUBSECTION
.
3.
Upon
receipt
of
a
request
for
a
copy
31
of
a
public
record,
the
lawful
custodian
or
the
custodian’s
32
authorized
designee
shall
promptly
do
all
of
the
following:
33
a.
Acknowledge
the
request
and
provide
contact
information
34
for
the
lawful
custodian
or
the
custodian’s
authorized
35
-1-
LSB
1155SV
(3)
90
cm/rh
1/
2
S.F.
202
designee.
1
b.
Provide
an
approximate
date
by
which
an
estimate
for
any
2
reasonable
expenses
and
the
release
of
a
copy
of
the
public
3
record
or
a
response
to
the
request
pursuant
to
paragraph
“c”
4
will
be
provided
to
the
requester.
5
c.
Upon
a
determination
of
any
of
the
following,
the
lawful
6
custodian
or
the
custodian’s
authorized
designee
shall
promptly
7
inform
the
requester
of
the
following:
8
(1)
Any
expected
delay
in
the
production
of
the
public
9
record.
10
(2)
That
a
public
record
responsive
to
the
request
does
not
11
exist.
12
(3)
That
the
record
is
confidential
pursuant
to
section
13
22.7.
14
EXPLANATION
15
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
16
the
explanation’s
substance
by
the
members
of
the
general
assembly.
17
This
bill
provides
that
upon
receipt
of
a
public
record
18
request,
the
lawful
custodian
shall
promptly
acknowledge
the
19
request
and
provide
the
lawful
custodian’s
contact
information,
20
and
approximate
date
of
the
release
of
the
public
record
and
an
21
estimate
of
any
reasonable
expenses
associated
with
the
public
22
record
request,
if
applicable.
The
custodian
shall
inform
the
23
requester
of
any
delay
in
the
production
of
the
public
record,
24
if
the
requested
public
record
does
not
exist,
and
if
the
25
requested
public
record
is
confidential.
26
-2-
LSB
1155SV
(3)
90
cm/rh
2/
2