Senate
File
2322
-
Enrolled
Senate
File
2322
AN
ACT
RELATING
TO
THE
ASSESSMENT
OF
FEES
WHEN
A
PERSON
REQUESTS
EXAMINATION
AND
COPYING
OF
PUBLIC
RECORDS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
22.3,
Code
2022,
is
amended
to
read
as
follows:
22.3
Supervision
——
fees.
1.
The
examination
and
copying
of
public
records
shall
be
done
under
the
supervision
of
the
lawful
custodian
of
the
records
or
the
custodian’s
authorized
designee.
The
lawful
custodian
shall
not
require
the
physical
presence
of
a
person
requesting
or
receiving
a
copy
of
a
public
record
and
shall
fulfill
requests
for
a
copy
of
a
public
record
received
in
writing,
by
telephone,
or
by
electronic
means.
Fulfillment
Although
fulfillment
of
a
request
for
a
copy
of
a
public
record
may
be
contingent
upon
receipt
of
payment
of
Senate
File
2322,
p.
2
reasonable
expenses
to
be
incurred
in
fulfilling
the
request
and
,
the
lawful
custodian
shall
make
every
reasonable
effort
to
provide
the
public
record
requested
at
no
cost
other
than
copying
costs
for
a
record
which
takes
less
than
thirty
minutes
to
produce.
In
the
event
expenses
are
necessary,
such
estimated
expenses
shall
be
reasonable
and
communicated
to
the
requester
upon
receipt
of
the
request.
A
person
may
contest
the
reasonableness
of
the
custodian’s
expenses
as
provided
for
in
this
chapter.
The
lawful
custodian
may
adopt
and
enforce
reasonable
rules
regarding
the
examination
and
copying
of
the
records
and
the
protection
of
the
records
against
damage
or
disorganization.
The
lawful
custodian
shall
provide
a
suitable
place
for
the
examination
and
copying
of
the
records,
but
if
it
is
impracticable
to
do
the
examination
and
copying
of
the
records
in
the
office
of
the
lawful
custodian,
the
person
desiring
to
examine
or
copy
shall
pay
any
necessary
expenses
of
providing
a
place
for
the
examination
and
copying.
2.
All
reasonable
expenses
of
the
examination
and
copying
shall
be
paid
by
the
person
desiring
to
examine
or
copy.
The
lawful
custodian
may
charge
a
reasonable
fee
for
the
services
of
the
lawful
custodian
or
the
custodian’s
authorized
designee
in
supervising
the
examination
and
copying
of
the
records.
If
copy
equipment
is
available
at
the
office
of
the
lawful
custodian
of
any
public
records,
the
lawful
custodian
shall
provide
any
person
a
reasonable
number
of
copies
of
any
public
record
in
the
custody
of
the
office
upon
the
payment
of
a
fee.
The
fee
for
the
copying
service
as
determined
by
the
lawful
custodian
shall
not
exceed
the
actual
cost
of
providing
the
service.
Actual
costs
shall
include
only
those
reasonable
expenses
directly
attributable
to
supervising
the
examination
of
and
making
and
providing
copies
of
public
records.
Actual
costs
shall
not
include
charges
for
ordinary
expenses
or
costs
such
as
employment
benefits,
depreciation,
maintenance,
electricity,
or
insurance
associated
with
the
administration
of
the
office
of
the
lawful
custodian.
Costs
for
legal
services
should
only
be
utilized
for
the
redaction
or
review
of
legally
protected
confidential
information.
However,
a
county
recorder
shall
not
charge
a
fee
for
the
examination
and
copying
of
public
records
necessary
to
complete
and
file
claims
for
Senate
File
2322,
p.
3
benefits
with
the
Iowa
department
of
veterans
affairs
or
the
United
States
department
of
veterans
affairs.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2322,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor