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