House
File
2291
-
Introduced
HOUSE
FILE
2291
BY
ZABNER
A
BILL
FOR
An
Act
relating
to
charging
fees
for
examining
and
copying
1
public
records
requested
by
members
of
the
general
assembly.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5024YH
(2)
91
ak/jh
H.F.
2291
Section
1.
Section
22.3,
Code
2026,
is
amended
by
adding
the
1
following
new
subsection:
2
NEW
SUBSECTION
.
3.
Notwithstanding
subsections
1
and
2,
3
a
lawful
custodian
shall
not
require
payment
from
a
member
of
4
the
general
assembly
in
connection
with
the
member’s
request
to
5
examine
or
copy
a
public
record
that
the
member
has
the
right
6
to
examine
pursuant
to
section
22.2
and
subject
to
section
7
22.7.
8
Sec.
2.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
9
3,
shall
not
apply
to
this
Act.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
relates
to
fees
for
public
records
requested
by
14
members
of
the
general
assembly.
15
Pursuant
to
Code
section
22.3,
custodians
of
public
records
16
may
charge
a
reasonable
fee
for
supervising
the
examination
of
17
as
well
as
the
making
and
providing
copies
of
public
records.
18
A
reasonable
fee
under
Code
section
22.3
is
to
be
determined
by
19
the
costs
“directly
attributable
to
supervising
the
examination
20
of
and
making
and
providing
copies
of
public
records”.
The
21
bill
creates
an
exception
to
the
charging
of
fees
for
the
22
examining
and
copying
of
certain
public
records
requested
by
23
a
member
of
the
general
assembly.
This
exception
applies
to
24
all
public
records
that
every
person
has
a
right
to
examine
25
pursuant
to
Code
section
22.2
(right
to
examine
public
records
26
——
exceptions)
and
is
subject
to
specific
confidentiality
27
restrictions
in
Code
section
22.7
(confidential
records).
28
The
bill
may
include
a
state
mandate
as
defined
in
Code
29
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
30
subsection
3,
which
would
relieve
a
political
subdivision
from
31
complying
with
a
state
mandate
if
funding
for
the
cost
of
32
the
state
mandate
is
not
provided
or
specified.
Therefore,
33
political
subdivisions
are
required
to
comply
with
any
state
34
mandate
included
in
the
bill.
35
-1-
LSB
5024YH
(2)
91
ak/jh
1/
1