Bill Text: IA SSB3186 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to fees charged for the services of a lawful custodian in examining and copying public records.
Spectrum: Unknown
Status: (N/A - Dead) 2014-02-17 - In Local Government [SSB3186 Detail]
Download: Iowa-2013-SSB3186-Introduced.html
Senate
Study
Bill
3186
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
WILHELM)
A
BILL
FOR
An
Act
relating
to
fees
charged
for
the
services
of
a
lawful
1
custodian
in
examining
and
copying
public
records.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5756SC
(1)
85
rh/rj
S.F.
_____
Section
1.
Section
22.1,
subsection
3,
paragraph
a,
Code
1
2014,
is
amended
to
read
as
follows:
2
a.
As
used
in
this
chapter
,
“public
records”
includes
all
3
records,
documents,
tape,
or
other
information,
stored
or
4
preserved
in
any
medium
and
in
the
format
typically
used
by
the
5
government
body
,
of
or
belonging
to
this
state
or
any
county,
6
city,
township,
school
corporation,
political
subdivision,
7
nonprofit
corporation
other
than
a
fair
conducting
a
fair
event
8
as
provided
in
chapter
174
,
whose
facilities
or
indebtedness
9
are
supported
in
whole
or
in
part
with
property
tax
revenue
10
and
which
is
licensed
to
conduct
pari-mutuel
wagering
pursuant
11
to
chapter
99D
,
or
tax-supported
district
in
this
state,
or
12
any
branch,
department,
board,
bureau,
commission,
council,
or
13
committee
of
any
of
the
foregoing.
14
Sec.
2.
Section
22.3,
subsection
2,
Code
2014,
is
amended
15
to
read
as
follows:
16
2.
All
expenses
of
the
examination
and
copying
shall
be
paid
17
by
the
person
desiring
to
examine
or
copy.
18
a.
The
lawful
custodian
may
charge
a
reasonable
fee
for
the
19
services
of
the
lawful
custodian
or
the
custodian’s
authorized
20
designee
in
supervising
the
examination
and
copying
of
the
21
records
as
provided
in
paragraph
“b”
.
If
copy
equipment
is
22
available
at
the
office
of
the
lawful
custodian
of
any
public
23
records,
the
lawful
custodian
shall
provide
any
person
a
24
reasonable
number
of
copies
of
any
public
record
in
the
custody
25
of
the
office
upon
the
payment
of
a
fee.
26
b.
(1)
The
fee
for
the
examination
and
copying
service
27
requested
by
a
resident
of
this
state,
as
determined
by
the
28
lawful
custodian
,
shall
not
exceed
the
actual
cost
of
providing
29
the
service.
Actual
costs
shall
include
only
those
expenses
30
directly
attributable
to
supervising
the
examination
of
and
31
making
and
providing
copies
of
public
records.
Actual
costs
32
shall
not
include
charges
for
ordinary
expenses
or
costs
such
33
as
employment
benefits,
depreciation,
maintenance,
electricity,
34
or
insurance
associated
with
the
administration
of
the
office
35
-1-
LSB
5756SC
(1)
85
rh/rj
1/
3
S.F.
_____
of
the
lawful
custodian.
1
(2)
The
nonresident
fee
for
the
examination
and
copying
2
service
requested
by
a
nonresident
of
this
state,
as
determined
3
by
the
lawful
custodian,
shall
be
based
upon
a
reasonable
fee
4
for
expenses
attributable
to
supervising
the
examination
of
5
and
making
and
providing
copies
of
public
records,
which
shall
6
include
but
not
be
limited
to
the
actual
costs
as
provided
in
7
subparagraph
(1).
8
c.
A
lawful
custodian
is
not
required
to
reformat
a
public
9
record
to
suit
the
needs
of
a
person
desiring
to
examine
10
or
copy
the
record
under
this
section.
However,
a
lawful
11
custodian
may
elect
to
reformat
a
public
record
and
may
charge
12
the
person
reformatting
costs
which
may
include
but
are
not
13
limited
to
any
fees
charged
by
a
nongovernment
body
to
reformat
14
the
public
record.
15
d.
For
purposes
of
this
section:
16
(1)
“Nonresident”
means
an
individual
or
business
entity
who
17
is
not
a
resident
as
defined
in
subparagraph
(2).
18
(2)
“Resident”
means
either
of
the
following:
19
(a)
For
an
individual,
the
place
which
the
individual
20
declares
is
the
individual’s
home
with
the
intent
to
remain
21
there
permanently
or
for
a
definite,
or
indefinite
or
22
indeterminable
length
of
time.
23
(b)
For
a
business
entity,
a
partnership,
firm,
24
association,
corporation,
sole
proprietorship,
or
other
25
business
concern,
formed
under
and
governed
by
the
laws
of
this
26
state,
as
evidenced
at
the
request
of
the
lawful
custodian
by
a
27
certificate
of
existence
from
the
office
of
the
secretary
of
28
state
dated
within
the
last
three
months
prior
to
making
the
29
public
record
request.
30
EXPLANATION
31
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
32
the
explanation’s
substance
by
the
members
of
the
general
assembly.
33
This
bill
relates
to
fees
charged
for
the
services
of
a
34
lawful
custodian
in
examining
and
copying
public
records.
35
-2-
LSB
5756SC
(1)
85
rh/rj
2/
3
S.F.
_____
Under
current
law,
a
lawful
custodian
may
charge
a
1
reasonable
fee
for
expenses
associated
with
the
lawful
2
custodian’s
services
in
the
examination
and
copying
of
a
public
3
record,
but
those
fees
are
limited
to
actual
costs
directly
4
attributable
to
the
custodian’s
examination
and
copying
costs.
5
The
bill
provides
that
fees
charged
for
a
resident
public
6
record
request
relating
to
the
services
of
a
lawful
custodian
7
in
examining
and
copying
a
public
record
are
limited
to
the
8
actual
costs
as
provided
under
current
law,
but
that
fees
9
charged
for
a
nonresident
public
record
request
shall
be
10
based
upon
a
reasonable
fee
for
expenses
attributable
to
the
11
examination
and
copying
of
the
public
record,
which
shall
12
include
but
not
be
limited
to
actual
costs.
13
The
bill
provides
that
a
lawful
custodian
is
not
required
14
to
reformat
a
public
record
to
suit
the
needs
of
a
person
15
desiring
to
examine
or
copy
the
record
under
this
Code
section.
16
However,
a
lawful
custodian
may
elect
to
reformat
a
public
17
record
and
may
charge
the
person
reformatting
costs
which
18
may
include
but
are
not
limited
to
any
fees
charged
by
a
19
nongovernment
body
to
reformat
the
public
record.
The
bill
20
makes
a
conforming
change
in
the
definition
of
public
records.
21
The
bill
provides
definitions
of
resident
and
nonresident
22
for
purposes
of
the
bill.
23
-3-
LSB
5756SC
(1)
85
rh/rj
3/
3
