HSB 188 (LSB 2683YC (2) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to the examination of confidential records by the general assembly.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 22.7, unnumbered paragraph 1, Code 2025, is amended to read as follows:
   The following public records shall be kept confidential, unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information, and except as provided in section 22.7A:
    Sec. 2.  NEW SECTION.  22.7A  Confidential records —— legislative examination.
   1.  Upon request, a government body shall provide a public record, including a confidential record, to a member, agency, or committee of the general assembly for inspection or duplication as provided in this chapter if the member, agency, or committee of the general assembly states that the public record is requested under this section for legislative purposes.
   2.  A government body may require that a member, agency, or committee of the general assembly requesting a confidential record pursuant to this section, or the members or employees of the requesting entity who will view or handle the confidential record, sign a confidentiality agreement requiring any of the following:
   a.  That the confidential record not be disclosed outside the requesting entity, or within the requesting entity for purposes other than the purpose for which it was received.
   b.  That the confidential record be labeled as confidential.
   c.  That the confidential record be kept securely.
   d.  That the number of copies made of the confidential record or the notes taken from the confidential record be controlled, with all copies or notes that are not destroyed or returned to the government body remaining confidential and subject to the confidentiality agreement.
   3.  a.  A member, agency, or committee of the general assembly required to sign a confidentiality agreement pursuant to subsection 2 may request a determination from the attorney general on whether the record covered by the confidentiality agreement is a confidential record as provided in section 22.7 or other law.
   b.  The attorney general shall adopt rules pursuant to chapter 17A to establish procedures and deadlines for receiving information necessary to make the determination as provided in paragraph “a” and briefs from the requestor, the government body, and any other interested person. The attorney general shall render a decision requested pursuant to paragraph “a” not later than forty-five business days after the receipt of the request and provide the decision in writing to the requestor, the government body, and any interested person who submitted necessary information or a brief to the attorney general. The requestor or the government body may appeal a decision of the attorney general under this subsection to the district court of Polk county. A person may appeal a decision of the attorney general under this subsection if the person claims a proprietary interest in the information affected by the decision or a privacy interest in the information that a confidentiality law or judicial decision is designed to protect.
   c.  A confidentiality agreement signed pursuant to subsection 2 is void to the extent that the confidentiality agreement covers information that is ultimately not found to be a confidential record pursuant to paragraph “b”.
   4.  The disclosure of a confidential record to a member, agency, or committee of the general assembly for legislative purposes as provided in this section does not waive or affect the confidentiality of the information for purposes of state or federal law or waive the right to assert exceptions to required disclosure of the information in the future.
   5.  This section does not affect any of the following:
   a.  The right of an individual member, agency, or committee of the general assembly to obtain public records from a government body under other law, including under the rules of either chamber of the general assembly.
   b.  The procedures under which public records are obtained under other law.
   c.  The use that may be made of public records under other law.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the examination of confidential records by members, agencies, and committees of the general assembly. The bill requires a government body to provide a public record, including a confidential record, to a member, agency, or committee of the general assembly for inspection or duplication if the requestor states that the record is being requested for legislative purposes. The bill allows a government body to require a requestor to sign a confidentiality agreement that the confidential record not be disclosed outside the requesting entity, or within the requesting entity for purposes other than the purpose for which it was received, that the confidential record be labeled as confidential, that the confidential record be kept securely, or that copies of and notes relating to the confidential record be controlled.
   The bill allows a requestor who is required to sign a confidentiality agreement to request that the attorney general make a determination as to whether the subject of the confidentiality agreement is a confidential record. The bill requires the attorney general to adopt rules to establish deadlines and procedures for receiving information relating to the determination and to issue a written decision regarding whether the public record is a confidential record within 45 business days of receipt of the request. The bill allows a person to appeal the decision of the attorney general to the district court of Polk county. The bill voids a confidentiality agreement signed pursuant to the bill to the extent that it covers a record that is ultimately found to not be a confidential record.
   The disclosure of a confidential record to a member, agency, or committee of the general assembly pursuant to the bill does not waive or affect the confidentiality of the information for purposes of state or federal law or waive the right to assert exceptions to required disclosure of the information in the future.
   By operation of law, civil enforcement provisions (Code section 22.10) apply to government bodies acting in violation of the bill.