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.  Such The 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 the work examination 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 the work examination and copying
  1 16 of the records, but if it is impracticable to do the work
  1 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