Senate Study Bill 1295 SENATE FILE BY (PROPOSED COMMITTEE ON GOVERNMENT OVERSIGHT BILL BY CO=CHAIRPERSON LUNDBY) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing for the receipt of and costs relating to public 2 records requests. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1281XC 81 5 rh/sh/8 PAG LIN 1 1 Section 1. Section 22.3, Code 2005, is amended to read as 1 2 follows: 1 3 22.3 SUPERVISION == FEES. 1 4 1.SuchThe examination and copying of public records 1 5 shall be done under the supervision of the lawful custodian of 1 6 the records or the custodian's authorized designee. The 1 7 lawful custodian shall make reasonable accommodations to 1 8 facilitate receiving requests from and providing records to 1 9 persons desiring to examine or copy public records and shall 1 10 not require a person to make a request or receive a copy of 1 11 the record in person. The lawful custodian may adopt and 1 12 enforce reasonable rules regarding theworkexamination and 1 13 copying of the records and the protection of the records 1 14 against damage or disorganization. The lawful custodian shall 1 15 provide a suitable place for theworkexamination and copying 1 16 of the records, but if it is impracticable to do thework1 17 examination and copying of the records in the office of the 1 18 lawful custodian, the person desiring to examine or copy shall 1 19 pay any necessary expenses of providing a place for the work. 1 20 2. All expenses of the work shall be paid by the person 1 21 desiring to examine or copy. The lawful custodian may charge 1 22 a reasonable fee for the services of the lawful custodian or 1 23 the custodian's authorized designee in supervising the 1 24 examination and copying of the records during the work. If 1 25 copy equipment is available at the office of the lawful 1 26 custodian of any public records, the lawful custodian shall 1 27 provide any person a reasonable number of copies of any public 1 28 record in the custody of the office upon the payment of a fee. 1 29 The fee for the copying service as determined by the lawful 1 30 custodian shall not exceed the actual cost of providing the 1 31 service. Actual costs shall include only those expenses 1 32 directly attributable to supervising the examination of and 1 33 making and providing copies of public records. Actual costs 1 34 shall not include charges for ordinary expenses or costs such 1 35 as employment benefits, depreciation, maintenance, 2 1 electricity, or insurance associated with the administration 2 2 of the office of the lawful custodian. 2 3 EXPLANATION 2 4 This bill relates to the receipt of and costs associated 2 5 with public records requests. 2 6 The bill provides that the lawful custodian of public 2 7 records shall make reasonable accommodations to facilitate the 2 8 receipt of public records requests from and providing records 2 9 to persons desiring to examine or copy public records and 2 10 shall not require a person to make a request or receive a copy 2 11 of the record in person. The bill further provides that the 2 12 lawful custodian shall only charge a fee for the actual costs 2 13 associated with copying costs and excludes ordinary expenses 2 14 or costs such as employment benefits, depreciation, 2 15 maintenance, electricity, or insurance costs associated with 2 16 the administration of the office of the lawful custodian. 2 17 LSB 1281XC 81 2 18 rh:rj/sh/8