House File 2093

                                       HOUSE FILE       
                                       BY  HUTTER


    Passed House, Date                Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the charge imposed to obtain a copy of a
  2    public record.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5799HH 80
  5 jr/sh/8

PAG LIN

  1  1    Section 1.  Section 22.3, Code 2003, is amended to read as
  1  2 follows:
  1  3    22.3  SUPERVISION.
  1  4    1.  Such examination Examination and copying of public
  1  5 records shall be done under the supervision of the lawful
  1  6 custodian of the records or the custodian's authorized
  1  7 designee.  The lawful custodian may adopt and enforce
  1  8 reasonable rules regarding the work and the protection of the
  1  9 records against damage or disorganization.  The lawful
  1 10 custodian shall provide a suitable place for the work, but if
  1 11 it is impracticable to do the work in the office of the lawful
  1 12 custodian, the person desiring to examine or copy shall pay
  1 13 any necessary expenses of providing a place for the work.  All
  1 14 expenses of the work shall be paid by the person desiring to
  1 15 examine or copy the records.  The lawful custodian may charge
  1 16 a reasonable fee for the services of the lawful custodian or
  1 17 the custodian's authorized designee in supervising the records
  1 18 during the work.  If copy equipment is available at the office
  1 19 of the lawful custodian of any public records, the lawful
  1 20 custodian shall provide any person a reasonable number of
  1 21 copies of any public record in the custody of the office upon
  1 22 the payment of a fee.
  1 23    2.  The fee for the copying service as determined by the
  1 24 lawful custodian shall not exceed the cost of providing the
  1 25 service.  The cost shall be the sum of the actual cost of the
  1 26 paper or other medium in which the record is contained, the
  1 27 actual labor cost for providing the copy, and an additional
  1 28 twenty percent representing general overhead.  Any additional
  1 29 cost may be incorporated into the fee only when documented as
  1 30 an actual expense by the lawful custodian of the record.
  1 31                           EXPLANATION
  1 32    The public records law provides that a fee may be charged
  1 33 to obtain a copy of a public record; the fee is based on the
  1 34 cost of providing the service and includes supervision costs.
  1 35 This bill would limit the fee to actual material and labor,
  2  1 plus a 20 percent charge for overhead, unless the custodian
  2  2 could document a higher cost.
  2  3 LSB 5799HH 80
  2  4 jr/sh/8