Senate
Study
Bill
1024
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
SMITH)
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
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1604XC
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je/rn
S.F.
_____
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.
For
purposes
of
this
paragraph,
“reasonable
fee”
means
an
8
amount
equivalent
to
an
amount
charged
per
page
for
copies
made
9
by
a
commercial
copying
business.
10
Sec.
2.
REIMBURSEMENT
BY
EMPLOYERS.
An
employer
who
charged
11
an
employee,
including
a
former
employee,
a
fee
to
obtain
an
12
initial
copy
of
the
employee’s
personnel
file
pursuant
to
13
section
91B.1,
subsection
2,
paragraph
“c”,
on
or
after
January
14
1,
2021,
shall
reimburse
the
employee
for
the
amount
of
the
15
fee.
16
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
17
importance,
takes
effect
upon
enactment.
18
Sec.
4.
RETROACTIVE
APPLICABILITY.
This
Act
applies
19
retroactively
to
copies
of
personnel
files
obtained
by
20
employees
pursuant
to
section
91B.1
on
or
after
January
1,
21
2021.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
requires
employers
to
provide
employees
with
26
one
copy
of
the
employee’s
personnel
file
at
no
charge
27
upon
request.
Under
current
law,
an
employer
may
charge
a
28
reasonable
fee
for
each
page
of
a
copy
made
by
the
employer
for
29
an
employee
of
an
item
in
the
employee’s
personnel
file.
The
30
bill
permits
employers
to
charge
such
fees
for
any
subsequent
31
copies
requested.
32
The
bill
requires
an
employer
who
charged
an
employee,
33
including
a
former
employee,
a
fee
to
obtain
an
initial
copy
of
34
the
employee’s
personnel
file
on
or
after
January
1,
2021,
to
35
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2
S.F.
_____
reimburse
the
employee
for
the
amount
of
the
fee.
1
The
bill
takes
effect
upon
enactment
and
applies
2
retroactively
to
copies
of
personnel
files
obtained
by
3
employees
on
or
after
January
1,
2021.
4
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1604XC
(3)
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je/rn
2/
2