Senate Study Bill 1024 - IntroducedA Bill ForAn Act 1relating to fees charged to employees by employers for
2copies of personnel files and including effective date and
3retroactive applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 91B.1, subsection 2, paragraph c, Code
22021, is amended to read as follows:
   3c.  An employer shall provide an employee with one copy of
4the employee’s personnel file at no charge upon request. For
5each subsequent copy requested by the employee, an employer
may
6charge a reasonable fee for each page of a copy made by the
7employer for an employee of an item in the employee’s personnel
8file. For purposes of this paragraph, “reasonable fee” means an
9amount equivalent to an amount charged per page for copies made
10by a commercial copying business.
11   Sec. 2.  REIMBURSEMENT BY EMPLOYERS.  An employer who charged
12an employee, including a former employee, a fee to obtain an
13initial copy of the employee’s personnel file pursuant to
14section 91B.1, subsection 2, paragraph “c”, on or after January
151, 2021, shall reimburse the employee for the amount of the
16fee.
17   Sec. 3.  EFFECTIVE DATE.  This Act, being deemed of immediate
18importance, takes effect upon enactment.
19   Sec. 4.  RETROACTIVE APPLICABILITY.  This Act applies
20retroactively to copies of personnel files obtained by
21employees pursuant to section 91B.1 on or after January 1,
222021.
23EXPLANATION
24The inclusion of this explanation does not constitute agreement with
25the explanation’s substance by the members of the general assembly.
   26This bill requires employers to provide employees with
27one copy of the employee’s personnel file at no charge
28upon request. Under current law, an employer may charge a
29reasonable fee for each page of a copy made by the employer for
30an employee of an item in the employee’s personnel file. The
31bill permits employers to charge such fees for any subsequent
32copies requested.
   33The bill requires an employer who charged an employee,
34including a former employee, a fee to obtain an initial copy of
35the employee’s personnel file on or after January 1, 2021, to
-1-1reimburse the employee for the amount of the fee.
   2The bill takes effect upon enactment and applies
3retroactively to copies of personnel files obtained by
4employees on or after January 1, 2021.
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