Bill Text: IA SF480 | 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 SF 218; See SF 2322.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-02-17 - Committee report approving bill, renumbered as SF 2322. S.J. 332. [SF480 Detail]
Download: Iowa-2021-SF480-Introduced.html
Senate
File
480
-
Introduced
SENATE
FILE
480
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SF
218)
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:
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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
of
a
request
for
a
copy
of
a
public
record
may
be
contingent
11
upon
receipt
of
payment
of
reasonable
expenses
,
to
be
incurred
12
in
fulfilling
the
request
and
such
estimated
expenses
shall
13
be
communicated
to
the
requester
upon
receipt
of
the
request.
14
The
lawful
custodian
may
adopt
and
enforce
reasonable
rules
15
regarding
the
examination
and
copying
of
the
records
and
the
16
protection
of
the
records
against
damage
or
disorganization.
17
The
lawful
custodian
shall
provide
a
suitable
place
for
18
the
examination
and
copying
of
the
records,
but
if
it
is
19
impracticable
to
do
the
examination
and
copying
of
the
records
20
in
the
office
of
the
lawful
custodian,
the
person
desiring
to
21
examine
or
copy
shall
pay
any
necessary
expenses
of
providing
a
22
place
for
the
examination
and
copying.
23
2.
All
reasonable
expenses
of
the
examination
and
copying
24
shall
be
paid
by
the
person
desiring
to
examine
or
copy.
The
25
lawful
custodian
may
charge
a
reasonable
fee
for
the
services
26
of
the
lawful
custodian
or
the
custodian’s
authorized
designee
27
in
supervising
the
examination
and
copying
of
the
records.
28
If
copy
equipment
is
available
at
the
office
of
the
lawful
29
custodian
of
any
public
records,
the
lawful
custodian
shall
30
provide
any
person
a
reasonable
number
of
copies
of
any
public
31
record
in
the
custody
of
the
office
upon
the
payment
of
a
fee.
32
The
fee
for
the
copying
service
as
determined
by
the
lawful
33
custodian
shall
not
exceed
the
actual
cost
of
providing
the
34
service.
Actual
costs
shall
include
only
those
reasonable
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expenses
directly
attributable
to
supervising
the
examination
1
of
and
making
and
providing
copies
of
public
records.
Actual
2
costs
shall
not
include
charges
for
legal
services
for
the
3
redaction
or
review
of
public
records
and
ordinary
expenses
or
4
costs
such
as
employment
benefits,
depreciation,
maintenance,
5
electricity,
or
insurance
associated
with
the
administration
6
of
the
office
of
the
lawful
custodian.
However,
a
county
7
recorder
shall
not
charge
a
fee
for
the
examination
and
copying
8
of
public
records
necessary
to
complete
and
file
claims
for
9
benefits
with
the
Iowa
department
of
veterans
affairs
or
the
10
United
States
department
of
veterans
affairs.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
fees
associated
with
public
records
15
requests.
16
The
bill
provides
that
expenses
for
a
request
for
17
examination
or
copies
of
public
records
must
be
reasonable.
18
The
bill
provides
that
the
fees
charged
for
supervising
19
the
examination
of
and
copying
public
records
by
the
lawful
20
custodian
shall
not
include
charges
for
legal
services
for
the
21
redaction
or
review
of
the
public
records.
22
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