S.F. 2238 Section 1. Section 22.1, Code 2026, is amended by adding the 1 following new subsections: 2 NEW SUBSECTION . 2A. “Original government body” means the 3 government body that created or originated a public record, 4 or that has primary responsibility for the maintenance, 5 classification, or confidentiality of the public record. 6 NEW SUBSECTION . 4. “Secondary lawful custodian” means a 7 lawful custodian in physical possession of a public record 8 provided by an original government body. 9 Sec. 2. Section 22.3, Code 2026, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 3. If a request to examine or copy a 12 public record is made to a secondary lawful custodian, the 13 secondary lawful custodian may defer the determination of 14 whether the public record is subject to examination and 15 copying to the original government body. Upon deferral, the 16 secondary lawful custodian shall promptly notify the requester 17 of the deferral and the identity of the original government 18 body. The secondary lawful custodian shall not be required 19 to independently determine whether the public record is 20 confidential or subject to disclosure. 21 Sec. 3. Section 22.8, subsection 4, Code 2026, is amended by 22 adding the following new paragraph: 23 NEW PARAGRAPH . 0e. To allow a secondary lawful custodian 24 to defer to the original government body under section 22.3, 25 subsection 3, for a determination under paragraph “c” or “d” . 26 A secondary lawful custodian acting in reasonable reliance on 27 the position or determination of the original government body 28 shall be deemed to be acting in good faith for purposes of this 29 chapter. 30 Sec. 4. Section 22.10, Code 2026, is amended by adding the 31 following new subsection: 32 NEW SUBSECTION . 5. A secondary lawful custodian shall not 33 be subject to injunctive relief, damages, attorney fees, or 34 costs ordered under this section for failing to disclose or for 35 -1- LSB 5366XS (3) 91 lh/ns 1/ 3

S.F. 2238 disclosing a public record when the secondary lawful custodian 1 acted in reasonable reliance on a determination, instruction, 2 or position taken by the original government body to comply 3 with or refuse the request made under this chapter. 4 EXPLANATION 5 The inclusion of this explanation does not constitute agreement with 6 the explanation’s substance by the members of the general assembly. 7 This bill relates to public records, including the duties of 8 lawful custodians. 9 Under current law, a person may request to examine, copy, 10 publish, or otherwise disseminate a public record from the 11 government body currently in physical possession of the public 12 record (lawful custodian). 13 The bill defines “original government body” as the 14 government body that created or originated a public record, 15 or that has primary responsibility for the maintenance, 16 classification, or confidentiality of the public record. The 17 bill also defines “secondary lawful custodian” as a lawful 18 custodian in physical possession of a public record provided 19 by an original government body. 20 Under the bill, if a public records request is made to a 21 secondary lawful custodian, the secondary lawful custodian may 22 defer the determination of whether the public record is subject 23 to examination and copying to the original government body. 24 The bill requires the secondary lawful custodian to promptly 25 notify the requester of the deferral and the identity of the 26 original government body. The secondary lawful custodian is 27 not required to independently determine whether a record is 28 confidential or subject to disclosure. 29 The bill provides that a good-faith, reasonable delay in 30 responding to a public records request does not constitute 31 a violation when the delay is for the purpose of allowing a 32 secondary lawful custodian to defer to the original government 33 body for a determination. A secondary lawful custodian acting 34 in reasonable reliance on the determination of the original 35 -2- LSB 5366XS (3) 91 lh/ns 2/ 3

S.F. 2238 government body is deemed to be acting in good faith. 1 The bill further provides that a secondary lawful custodian 2 is not subject to injunctive relief, damages, attorney fees, 3 or costs for failing to disclose or for disclosing a public 4 record when the secondary lawful custodian acted in reasonable 5 reliance on the determination of the original government body 6 to comply with or refuse the public records request. 7 -3- LSB 5366XS (3) 91 lh/ns 3/ 3