Senate File 218 - Introduced SENATE FILE 218 BY WHITING A BILL FOR An Act relating to the assessment of fees when a person 1 requests examination and copying of public records. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2184XS (2) 89 cm/rh
S.F. 218 Section 1. Section 22.3, Code 2021, is amended to read as 1 follows: 2 22.3 Supervision —— fees. 3 1. The examination and copying of public records shall 4 be done under the supervision of the lawful custodian of the 5 records or the custodian’s authorized designee. The lawful 6 custodian shall not require the physical presence of a person 7 requesting or receiving a copy of a public record and shall 8 fulfill requests for a copy of a public record received in 9 writing, by telephone, or by electronic means. Fulfillment 10 of a request for a copy of a public record may be contingent 11 upon receipt of payment of reasonable expenses , to be incurred 12 in fulfilling the request and such estimated expenses shall 13 be communicated to the requester upon receipt of the request. 14 The lawful custodian may adopt and enforce reasonable rules 15 regarding the examination and copying of the records and the 16 protection of the records against damage or disorganization. 17 The lawful custodian shall provide a suitable place for 18 the examination and copying of the records, but if it is 19 impracticable to do the examination and copying of the records 20 in the office of the lawful custodian, the person desiring to 21 examine or copy shall pay any necessary expenses of providing a 22 place for the examination and copying. 23 2. All reasonable expenses of the examination and copying 24 shall be paid by the person desiring to examine or copy. The 25 lawful custodian may charge a reasonable fee for the services 26 of the lawful custodian or the custodian’s authorized designee 27 in supervising the examination and copying of the records. 28 If copy equipment is available at the office of the lawful 29 custodian of any public records, the lawful custodian shall 30 provide any person a reasonable number of copies of any public 31 record in the custody of the office upon the payment of a fee. 32 The fee for the copying service as determined by the lawful 33 custodian shall not exceed the actual cost of providing the 34 service. Actual costs shall include only those reasonable 35 -1- LSB 2184XS (2) 89 cm/rh 1/ 2
S.F. 218 expenses directly attributable to supervising the examination 1 of and making and providing copies of public records. Actual 2 costs shall not include charges for legal services for the 3 redaction or review of public records and ordinary expenses or 4 costs such as employment benefits, depreciation, maintenance, 5 electricity, or insurance associated with the administration 6 of the office of the lawful custodian. However, a county 7 recorder shall not charge a fee for the examination and copying 8 of public records necessary to complete and file claims for 9 benefits with the Iowa department of veterans affairs or the 10 United States department of veterans affairs. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill relates to fees associated with public records 15 requests. 16 The bill provides that expenses for a request for 17 examination or copies of public records must be reasonable. 18 The bill provides that the fees charged for supervising 19 the examination of and copying public records by the lawful 20 custodian shall not include charges for legal services for the 21 redaction or review of the public records. 22 -2- LSB 2184XS (2) 89 cm/rh 2/ 2