Print
House File 786 - 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
11 Although fulfillment of a request for a copy of a public
12record may be contingent upon receipt of payment of reasonable
13 expenses to be incurred in fulfilling the request and, the
14lawful custodian shall make every effort to provide the public
15record requested at little or no cost. In the event additional
16expenses are necessary, such estimated expenses shall be
17reasonable and communicated to the requester upon receipt of
18the request. Any estimated expenses in excess of five hundred
19dollars creates a rebuttable presumption that such expenses
20are not reasonable and a requester may seek relief as provided
21in section 23.5. The prevailing party in such an action may
22be awarded reasonable attorney fees. The lawful custodian may
23adopt and enforce reasonable rules regarding the examination
24and copying of the records and the protection of the records
25against damage or disorganization. The lawful custodian shall
26provide a suitable place for the examination and copying of the
27records, but if it is impracticable to do the examination and
28copying of the records in the office of the lawful custodian,
29the person desiring to examine or copy shall pay any necessary
30expenses of providing a place for the examination and copying.
312. All reasonable expenses of the examination and copying
32shall be paid by the person desiring to examine or copy. The
33lawful custodian may charge a reasonable fee for the services
34of the lawful custodian or the custodian’s authorized designee
35in supervising the examination and copying of the records,
-1-1not to exceed fifteen dollars per hour. If copy equipment
2is available at the office of the lawful custodian of any
3public records, the lawful custodian shall provide any person
4a reasonable number of copies of any public record in the
5custody of the office upon the payment of a fee. The fee for
6the copying service as determined by the lawful custodian shall
7not exceed the actual cost of providing the service. Actual
8costs shall include only those reasonable expenses directly
9attributable to supervising the examination of and making
10and providing copies of public records. Actual costs shall
11not include charges for ordinary expenses or costs such as
12employment benefits, depreciation, maintenance, electricity,
13or insurance associated with the administration of the office
14of the lawful custodian. Costs for legal services should only
15be utilized for the redaction or review of legally protected
16confidential information. However, a county recorder shall
17not charge a fee for the examination and copying of public
18records necessary to complete and file claims for benefits with
19the Iowa department of veterans affairs or the United States
20department of veterans affairs.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to fees associated with public records
25requests.
26The bill provides that the lawful custodian of a public
27record shall make every effort to provide a public record
28requested at little or no cost. In the event additional
29expenses are necessary, such expenses shall be reasonable and
30communicated to the requester upon receipt of the request.
31Any estimated expense in excess of $500 creates a rebuttable
32presumption that such expenses are not reasonable. A requester
33may seek relief as provided in Code section 23.5 and a
34prevailing party in such an action may be awarded reasonable
35attorney fees.
-2- 1The bill provides that the fees charged for supervising
2the examination and copying of public records by the lawful
3custodian shall not exceed $15 per hour. Costs for legal
4services shall only be utilized for the redaction or review of
5legally protected confidential information.
-3-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
11 Although fulfillment of a request for a copy of a public
12record may be contingent upon receipt of payment of reasonable
13 expenses to be incurred in fulfilling the request and, the
14lawful custodian shall make every effort to provide the public
15record requested at little or no cost. In the event additional
16expenses are necessary, such estimated expenses shall be
17reasonable and communicated to the requester upon receipt of
18the request. Any estimated expenses in excess of five hundred
19dollars creates a rebuttable presumption that such expenses
20are not reasonable and a requester may seek relief as provided
21in section 23.5. The prevailing party in such an action may
22be awarded reasonable attorney fees. The lawful custodian may
23adopt and enforce reasonable rules regarding the examination
24and copying of the records and the protection of the records
25against damage or disorganization. The lawful custodian shall
26provide a suitable place for the examination and copying of the
27records, but if it is impracticable to do the examination and
28copying of the records in the office of the lawful custodian,
29the person desiring to examine or copy shall pay any necessary
30expenses of providing a place for the examination and copying.
312. All reasonable expenses of the examination and copying
32shall be paid by the person desiring to examine or copy. The
33lawful custodian may charge a reasonable fee for the services
34of the lawful custodian or the custodian’s authorized designee
35in supervising the examination and copying of the records,
-1-1not to exceed fifteen dollars per hour. If copy equipment
2is available at the office of the lawful custodian of any
3public records, the lawful custodian shall provide any person
4a reasonable number of copies of any public record in the
5custody of the office upon the payment of a fee. The fee for
6the copying service as determined by the lawful custodian shall
7not exceed the actual cost of providing the service. Actual
8costs shall include only those reasonable expenses directly
9attributable to supervising the examination of and making
10and providing copies of public records. Actual costs shall
11not include charges for ordinary expenses or costs such as
12employment benefits, depreciation, maintenance, electricity,
13or insurance associated with the administration of the office
14of the lawful custodian. Costs for legal services should only
15be utilized for the redaction or review of legally protected
16confidential information. However, a county recorder shall
17not charge a fee for the examination and copying of public
18records necessary to complete and file claims for benefits with
19the Iowa department of veterans affairs or the United States
20department of veterans affairs.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to fees associated with public records
25requests.
26The bill provides that the lawful custodian of a public
27record shall make every effort to provide a public record
28requested at little or no cost. In the event additional
29expenses are necessary, such expenses shall be reasonable and
30communicated to the requester upon receipt of the request.
31Any estimated expense in excess of $500 creates a rebuttable
32presumption that such expenses are not reasonable. A requester
33may seek relief as provided in Code section 23.5 and a
34prevailing party in such an action may be awarded reasonable
35attorney fees.
-2- 1The bill provides that the fees charged for supervising
2the examination and copying of public records by the lawful
3custodian shall not exceed $15 per hour. Costs for legal
4services shall only be utilized for the redaction or review of
5legally protected confidential information.
-3-cm/rh