HF 2394 (LSB 5756YH (9) 85)

HOUSE FILE 2394

BY  M. SMITH, STUTSMAN, and MOORE

A BILL FOR

An Act relating to fees charged for the services of a lawful custodian in examining and copying public records.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 22.1, subsection 3, paragraph a, Code 2014, is amended to read as follows:
   a.  As used in this chapter, “public records” includes all records, documents, tape, or other information, stored or preserved in any medium and in the format typically used by the government body, of or belonging to this state or any county, city, township, school corporation, political subdivision, nonprofit corporation other than a fair conducting a fair event as provided in chapter 174, whose facilities or indebtedness are supported in whole or in part with property tax revenue and which is licensed to conduct pari-mutuel wagering pursuant to chapter 99D, or tax-supported district in this state, or any branch, department, board, bureau, commission, council, or committee of any of the foregoing.
    Sec. 2.  Section 22.3, subsection 2, Code 2014, is amended to read as follows:
   2.  All expenses of the examination and copying shall be paid by the person desiring to examine or copy.
   a.  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 as provided in paragraph “b”. 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.
   b.  (1)  The fee for the examination and copying service requested by a resident of this state, as determined by the lawful custodian, shall not exceed the actual cost of providing the service. Actual costs shall include only those 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.
   (2)  The nonresident fee for the examination and copying service requested by a nonresident of this state, as determined by the lawful custodian, shall be based upon a reasonable fee for expenses attributable to supervising the examination of and making and providing copies of public records, which shall include but not be limited to the actual costs as provided in subparagraph (1).
   c.  A lawful custodian is not required to reformat a public record to suit the needs of a person desiring to examine or copy the record under this section. However, a lawful custodian may elect to reformat a public record and may charge the person reformatting costs which may include but are not limited to any fees charged by a nongovernment body to reformat the public record.
   d.  For purposes of this section:
   (1)  “Nonresident” means an individual or business entity who is not a resident as defined in subparagraph (2).
   (2)  “Resident” means either of the following:
   (a)  For an individual, the place which the individual declares is the individual’s home with the intent to remain there permanently or for a definite, or indefinite or indeterminable length of time.
   (b)  For a business entity, a partnership, firm, association, corporation, sole proprietorship, or other business concern, formed under and governed by the laws of this state, as evidenced at the request of the lawful custodian by a certificate of existence from the office of the secretary of state dated within the last three months prior to making the public record request.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to fees charged for the services of a lawful custodian in examining and copying public records.
   Under current law, a lawful custodian may charge a reasonable fee for expenses associated with the lawful custodian’s services in the examination and copying of a public record, but those fees are limited to actual costs directly attributable to the custodian’s examination and copying costs.
   The bill provides that fees charged for a resident public record request relating to the services of a lawful custodian in examining and copying a public record are limited to the actual costs as provided under current law, but that fees charged for a nonresident public record request shall be based upon a reasonable fee for expenses attributable to the examination and copying of the public record, which shall include but not be limited to actual costs.
   The bill provides that a lawful custodian is not required to reformat a public record to suit the needs of a person desiring to examine or copy the record under this Code section. However, a lawful custodian may elect to reformat a public record and may charge the person reformatting costs which may include but are not limited to any fees charged by a nongovernment body to reformat the public record. The bill makes a conforming change in the definition of public records.
   The bill provides definitions of resident and nonresident for purposes of the bill.