Bill Text: IA SF2322 | 2021-2022 | 89th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to the assessment of fees when a person requests examination and copying of public records. (Formerly SF 480, SF 218.) Effective date: 07/01/2022.
Spectrum: Committee Bill
Status: (Passed) 2022-06-24 - Fiscal note. [SF2322 Detail]
Download: Iowa-2021-SF2322-Introduced.html
Bill Title: A bill for an act relating to the assessment of fees when a person requests examination and copying of public records. (Formerly SF 480, SF 218.) Effective date: 07/01/2022.
Spectrum: Committee Bill
Status: (Passed) 2022-06-24 - Fiscal note. [SF2322 Detail]
Download: Iowa-2021-SF2322-Introduced.html
Senate
File
2322
-
Introduced
SENATE
FILE
2322
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SF
480)
(SUCCESSOR
TO
SF
218)
A
BILL
FOR
An
Act
relating
to
the
assessment
of
fees
when
a
person
1
requests
examination
and
copying
of
public
records.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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S.F.
2322
Section
1.
Section
22.3,
Code
2022,
is
amended
to
read
as
1
follows:
2
22.3
Supervision
——
fees.
3
1.
The
examination
and
copying
of
public
records
shall
4
be
done
under
the
supervision
of
the
lawful
custodian
of
5
the
records
or
the
custodian’s
authorized
designee.
The
6
lawful
custodian
shall
not
require
the
physical
presence
of
7
a
person
requesting
or
receiving
a
copy
of
a
public
record
8
and
shall
fulfill
requests
for
a
copy
of
a
public
record
9
received
in
writing,
by
telephone,
or
by
electronic
means.
10
Fulfillment
Although
fulfillment
of
a
request
for
a
copy
of
11
a
public
record
may
be
contingent
upon
receipt
of
payment
of
12
reasonable
expenses
to
be
incurred
in
fulfilling
the
request
13
and
,
the
lawful
custodian
shall
make
every
reasonable
effort
14
to
provide
the
public
record
requested
at
no
cost
other
15
than
copying
costs
for
a
record
which
takes
less
than
thirty
16
minutes
to
produce.
In
the
event
expenses
are
necessary,
such
17
estimated
expenses
shall
be
reasonable
and
communicated
to
the
18
requester
upon
receipt
of
the
request.
A
person
may
contest
19
the
reasonableness
of
the
custodian’s
expenses
as
provided
for
20
in
this
chapter.
The
lawful
custodian
may
adopt
and
enforce
21
reasonable
rules
regarding
the
examination
and
copying
of
the
22
records
and
the
protection
of
the
records
against
damage
or
23
disorganization.
The
lawful
custodian
shall
provide
a
suitable
24
place
for
the
examination
and
copying
of
the
records,
but
if
25
it
is
impracticable
to
do
the
examination
and
copying
of
the
26
records
in
the
office
of
the
lawful
custodian,
the
person
27
desiring
to
examine
or
copy
shall
pay
any
necessary
expenses
of
28
providing
a
place
for
the
examination
and
copying.
29
2.
All
reasonable
expenses
of
the
examination
and
copying
30
shall
be
paid
by
the
person
desiring
to
examine
or
copy.
The
31
lawful
custodian
may
charge
a
reasonable
fee
for
the
services
32
of
the
lawful
custodian
or
the
custodian’s
authorized
designee
33
in
supervising
the
examination
and
copying
of
the
records.
34
If
copy
equipment
is
available
at
the
office
of
the
lawful
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S.F.
2322
custodian
of
any
public
records,
the
lawful
custodian
shall
1
provide
any
person
a
reasonable
number
of
copies
of
any
public
2
record
in
the
custody
of
the
office
upon
the
payment
of
a
fee.
3
The
fee
for
the
copying
service
as
determined
by
the
lawful
4
custodian
shall
not
exceed
the
actual
cost
of
providing
the
5
service.
Actual
costs
shall
include
only
those
reasonable
6
expenses
directly
attributable
to
supervising
the
examination
7
of
and
making
and
providing
copies
of
public
records.
Actual
8
costs
shall
not
include
charges
for
ordinary
expenses
or
9
costs
such
as
employment
benefits,
depreciation,
maintenance,
10
electricity,
or
insurance
associated
with
the
administration
of
11
the
office
of
the
lawful
custodian.
Costs
for
legal
services
12
should
only
be
utilized
for
the
redaction
or
review
of
legally
13
protected
confidential
information.
However,
a
county
recorder
14
shall
not
charge
a
fee
for
the
examination
and
copying
of
15
public
records
necessary
to
complete
and
file
claims
for
16
benefits
with
the
Iowa
department
of
veterans
affairs
or
the
17
United
States
department
of
veterans
affairs.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
fees
associated
with
public
records
22
requests.
23
The
bill
provides
that
although
fulfillment
of
a
request
24
for
copies
of
public
records
may
be
contingent
upon
receipt
25
of
payment
of
reasonable
expenses,
the
lawful
custodian
shall
26
make
every
reasonable
effort
to
provide
the
public
records
at
27
no
cost
other
than
copy
costs
for
a
record
that
takes
less
than
28
30
minutes
to
produce.
A
person
is
allowed
to
contest
the
29
reasonableness
of
the
fees
charged
by
the
custodian.
30
The
bill
provides
that
actual
costs
shall
only
include
31
reasonable
expenses
directly
attributable
to
supervising
the
32
examination
of
and
making
of
copies
of
public
records.
Costs
33
for
legal
services
shall
only
be
charged
for
the
redaction
or
34
review
of
confidential
information.
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