Senate Study Bill 1036 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED IOWA PUBLIC INFORMATION BOARD BILL) 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 1155DP (2) 90 cm/rh
S.F. _____ H.F. _____ 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 shall promptly 32 acknowledge the request by providing contact information for 33 the lawful custodian and an approximate date by which any 34 reasonable expenses and the release of the copy of the public 35 -1- LSB 1155DP (2) 90 cm/rh 1/ 2
S.F. _____ H.F. _____ record will be provided. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill provides that upon receipt of a public records 5 request, the lawful custodian shall promptly provide the 6 lawful custodian’s contact information, approximate date of 7 the records release, and an estimate of any reasonable fees 8 associated with the records request. 9 -2- LSB 1155DP (2) 90 cm/rh 2/ 2