Read the full stored bill text
Senate
File
2238
-
Introduced
SENATE
FILE
2238
BY
McCLINTOCK
A
BILL
FOR
An
Act
relating
to
public
records,
including
the
duties
of
1
lawful
custodians.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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
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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
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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.
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