Senate File 355 - Introduced SENATE FILE 355 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1024) A BILL FOR An Act relating to fees charged to employees by employers for 1 copies of personnel files and including effective date and 2 retroactive applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1604SV (2) 89 je/rn

S.F. 355 Section 1. Section 91B.1, subsection 2, paragraph c, Code 1 2021, is amended to read as follows: 2 c. An employer shall provide an employee with one copy of 3 the employee’s personnel file at no charge upon request. For 4 each subsequent copy requested by the employee, an employer may 5 charge a reasonable fee for each page of a copy made by the 6 employer for an employee of an item in the employee’s personnel 7 file. An employer may provide the first or subsequent copies 8 electronically. For purposes of this paragraph, “reasonable 9 fee” means an amount equivalent to an amount charged per page 10 for copies made by a commercial copying business. 11 Sec. 2. REIMBURSEMENT BY EMPLOYERS. An employer who charged 12 an employee, including a former employee, a fee to obtain an 13 initial copy of the employee’s personnel file pursuant to 14 section 91B.1, subsection 2, paragraph “c”, on or after January 15 1, 2021, shall reimburse the employee for the amount of the 16 fee. 17 Sec. 3. EFFECTIVE DATE. This Act, being deemed of immediate 18 importance, takes effect upon enactment. 19 Sec. 4. RETROACTIVE APPLICABILITY. This Act applies 20 retroactively to copies of personnel files obtained by 21 employees pursuant to section 91B.1 on or after January 1, 22 2021. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanation’s substance by the members of the general assembly. 26 This bill requires employers to provide employees with 27 one copy of the employee’s personnel file at no charge 28 upon request. Under current law, an employer may charge a 29 reasonable fee for each page of a copy made by the employer for 30 an employee of an item in the employee’s personnel file. The 31 bill permits employers to charge such fees for any subsequent 32 copies requested. The bill permits employers to provide first 33 or subsequent copies electronically. 34 The bill requires an employer who charged an employee, 35 -1- LSB 1604SV (2) 89 je/rn 1/ 2

S.F. 355 including a former employee, a fee to obtain an initial copy of 1 the employee’s personnel file on or after January 1, 2021, to 2 reimburse the employee for the amount of the fee. 3 The bill takes effect upon enactment and applies 4 retroactively to copies of personnel files obtained by 5 employees on or after January 1, 2021. 6 -2- LSB 1604SV (2) 89 je/rn 2/ 2