Bill Text: IA HF786 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act relating to the assessment of fees when a person requests examination and copying of public records.(Formerly HF 637.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-04-19 - Fiscal note. [HF786 Detail]
Download: Iowa-2021-HF786-Introduced.html
House
File
786
-
Introduced
HOUSE
FILE
786
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HF
637)
A
BILL
FOR
An
Act
relating
to
the
assessment
of
fees
when
a
person
1
requests
examination
and
copying
of
public
records.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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786
Section
1.
Section
22.3,
Code
2021,
is
amended
to
read
as
1
follows:
2
22.3
Supervision
——
fees.
3
1.
The
examination
and
copying
of
public
records
shall
4
be
done
under
the
supervision
of
the
lawful
custodian
of
the
5
records
or
the
custodian’s
authorized
designee.
The
lawful
6
custodian
shall
not
require
the
physical
presence
of
a
person
7
requesting
or
receiving
a
copy
of
a
public
record
and
shall
8
fulfill
requests
for
a
copy
of
a
public
record
received
in
9
writing,
by
telephone,
or
by
electronic
means.
Fulfillment
10
Although
fulfillment
of
a
request
for
a
copy
of
a
public
11
record
may
be
contingent
upon
receipt
of
payment
of
reasonable
12
expenses
to
be
incurred
in
fulfilling
the
request
and
,
the
13
lawful
custodian
shall
make
every
effort
to
provide
the
public
14
record
requested
at
little
or
no
cost.
In
the
event
additional
15
expenses
are
necessary,
such
estimated
expenses
shall
be
16
reasonable
and
communicated
to
the
requester
upon
receipt
of
17
the
request.
Any
estimated
expenses
in
excess
of
five
hundred
18
dollars
creates
a
rebuttable
presumption
that
such
expenses
19
are
not
reasonable
and
a
requester
may
seek
relief
as
provided
20
in
section
23.5.
The
prevailing
party
in
such
an
action
may
21
be
awarded
reasonable
attorney
fees.
The
lawful
custodian
may
22
adopt
and
enforce
reasonable
rules
regarding
the
examination
23
and
copying
of
the
records
and
the
protection
of
the
records
24
against
damage
or
disorganization.
The
lawful
custodian
shall
25
provide
a
suitable
place
for
the
examination
and
copying
of
the
26
records,
but
if
it
is
impracticable
to
do
the
examination
and
27
copying
of
the
records
in
the
office
of
the
lawful
custodian,
28
the
person
desiring
to
examine
or
copy
shall
pay
any
necessary
29
expenses
of
providing
a
place
for
the
examination
and
copying.
30
2.
All
reasonable
expenses
of
the
examination
and
copying
31
shall
be
paid
by
the
person
desiring
to
examine
or
copy.
The
32
lawful
custodian
may
charge
a
reasonable
fee
for
the
services
33
of
the
lawful
custodian
or
the
custodian’s
authorized
designee
34
in
supervising
the
examination
and
copying
of
the
records
,
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not
to
exceed
fifteen
dollars
per
hour
.
If
copy
equipment
1
is
available
at
the
office
of
the
lawful
custodian
of
any
2
public
records,
the
lawful
custodian
shall
provide
any
person
3
a
reasonable
number
of
copies
of
any
public
record
in
the
4
custody
of
the
office
upon
the
payment
of
a
fee.
The
fee
for
5
the
copying
service
as
determined
by
the
lawful
custodian
shall
6
not
exceed
the
actual
cost
of
providing
the
service.
Actual
7
costs
shall
include
only
those
reasonable
expenses
directly
8
attributable
to
supervising
the
examination
of
and
making
9
and
providing
copies
of
public
records.
Actual
costs
shall
10
not
include
charges
for
ordinary
expenses
or
costs
such
as
11
employment
benefits,
depreciation,
maintenance,
electricity,
12
or
insurance
associated
with
the
administration
of
the
office
13
of
the
lawful
custodian.
Costs
for
legal
services
should
only
14
be
utilized
for
the
redaction
or
review
of
legally
protected
15
confidential
information.
However,
a
county
recorder
shall
16
not
charge
a
fee
for
the
examination
and
copying
of
public
17
records
necessary
to
complete
and
file
claims
for
benefits
with
18
the
Iowa
department
of
veterans
affairs
or
the
United
States
19
department
of
veterans
affairs.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
fees
associated
with
public
records
24
requests.
25
The
bill
provides
that
the
lawful
custodian
of
a
public
26
record
shall
make
every
effort
to
provide
a
public
record
27
requested
at
little
or
no
cost.
In
the
event
additional
28
expenses
are
necessary,
such
expenses
shall
be
reasonable
and
29
communicated
to
the
requester
upon
receipt
of
the
request.
30
Any
estimated
expense
in
excess
of
$500
creates
a
rebuttable
31
presumption
that
such
expenses
are
not
reasonable.
A
requester
32
may
seek
relief
as
provided
in
Code
section
23.5
and
a
33
prevailing
party
in
such
an
action
may
be
awarded
reasonable
34
attorney
fees.
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The
bill
provides
that
the
fees
charged
for
supervising
1
the
examination
and
copying
of
public
records
by
the
lawful
2
custodian
shall
not
exceed
$15
per
hour.
Costs
for
legal
3
services
shall
only
be
utilized
for
the
redaction
or
review
of
4
legally
protected
confidential
information.
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