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unless review and evaluation pursuant to subsection 2 have been | completed. |
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| | 2. Review and evaluation.__ Upon referral of a proposed public | records exception from the joint standing committee of the | Legislature having jurisdiction over the proposal, the review | committee shall conduct a review and evaluation of the proposal | and shall report in a timely manner to the committee to which the | proposal was referred.__The review committee shall use the | following criteria to determine whether the proposed exception | should be enacted: |
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| A.__Whether a record protected by the proposed exception | needs to be collected and maintained; |
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| B.__The value to the agency or official or to the public in | maintaining a record protected by the proposed exception; |
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| C.__Whether federal law requires a record covered by the | proposed exception to be confidential; |
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| D.__Whether the proposed exception protects an individual's | privacy interest and, if so, whether that interest | substantially outweighs the public interest in the | disclosure of records; |
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| E.__Whether public disclosure puts a business at a | competitive disadvantage and, if so, whether that business's | interest substantially outweighs the public interest in the | disclosure of records; |
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| F.__Whether public disclosure compromises the position of a | public body in negotiations and, if so, whether that public | body's interest substantially outweighs the public interest | in the disclosure of records; |
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| G.__Whether public disclosure jeopardizes the safety of a | member of the public or the public in general and, if so, | whether that safety interest substantially outweighs the | public interest in the disclosure of records; |
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| H.__Whether the proposed exception is as narrowly tailored | as possible; and |
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| I.__Any other criteria that assist the review committee in | determining the value of the proposed exception as compared | to the public's interest in the record protected by the | proposed exception. |
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