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