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