SF 2238 (LSB 5366XS (3) 91)

SENATE FILE 2238

BY  McCLINTOCK

A BILL FOR

An Act relating to public records, including the duties of lawful custodians.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 22.1, Code 2026, is amended by adding the following new subsections:
   NEW SUBSECTION.  2A.  “Original government body” means the government body that created or originated a public record, or that has primary responsibility for the maintenance, classification, or confidentiality of the public record.
   NEW SUBSECTION.  4.  “Secondary lawful custodian” means a lawful custodian in physical possession of a public record provided by an original government body.
    Sec. 2.  Section 22.3, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  If a request to examine or copy a public record is made to a secondary lawful custodian, the secondary lawful custodian may defer the determination of whether the public record is subject to examination and copying to the original government body. Upon deferral, the secondary lawful custodian shall promptly notify the requester of the deferral and the identity of the original government body. The secondary lawful custodian shall not be required to independently determine whether the public record is confidential or subject to disclosure.
    Sec. 3.  Section 22.8, subsection 4, Code 2026, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0e.  To allow a secondary lawful custodian to defer to the original government body under section 22.3, subsection 3, for a determination under paragraph “c” or “d”. A secondary lawful custodian acting in reasonable reliance on the position or determination of the original government body shall be deemed to be acting in good faith for purposes of this chapter.
    Sec. 4.  Section 22.10, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  A secondary lawful custodian shall not be subject to injunctive relief, damages, attorney fees, or costs ordered under this section for failing to disclose or for disclosing a public record when the secondary lawful custodian acted in reasonable reliance on a determination, instruction, or position taken by the original government body to comply with or refuse the request made under this chapter.
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 public records, including the duties of lawful custodians.
   Under current law, a person may request to examine, copy, publish, or otherwise disseminate a public record from the government body currently in physical possession of the public record (lawful custodian).
   The bill defines “original government body” as the government body that created or originated a public record, or that has primary responsibility for the maintenance, classification, or confidentiality of the public record. The bill also defines “secondary lawful custodian” as a lawful custodian in physical possession of a public record provided by an original government body.
   Under the bill, if a public records request is made to a secondary lawful custodian, the secondary lawful custodian may defer the determination of whether the public record is subject to examination and copying to the original government body. The bill requires the secondary lawful custodian to promptly notify the requester of the deferral and the identity of the original government body. The secondary lawful custodian is not required to independently determine whether a record is confidential or subject to disclosure.
   The bill provides that a good-faith, reasonable delay in responding to a public records request does not constitute a violation when the delay is for the purpose of allowing a secondary lawful custodian to defer to the original government body for a determination. A secondary lawful custodian acting in reasonable reliance on the determination of the original government body is deemed to be acting in good faith.
   The bill further provides that a secondary lawful custodian is not subject to injunctive relief, damages, attorney fees, or costs for failing to disclose or for disclosing a public record when the secondary lawful custodian acted in reasonable reliance on the determination of the original government body to comply with or refuse the public records request.