Fiscal Note
Fiscal Services Division
SF 2322 – Open Records Costs (LSB2184SZ.1)
Staff Contact: Maria Wagenhofer (515.281.5270) maria.wagenhofer@legis.iowa.gov
Fiscal Note Version – Final Action
Description
Senate File 2322 relates to the assessment of fees associated with public record requests
under Iowa Code chapter 22. The Bill provides that the lawful custodian of public records must
make every reasonable effort to provide a requested public record at no cost other than copying
costs for a record that takes less than 30 minutes to produce. If expenses are necessary, such
expenses must be reasonable. A requester may contest the reasonableness of the custodian’s
expenses as provided for in Iowa Code chapter 22. The Bill also provides that costs for legal
services should only be utilized for the redaction or review of legally protected confidential
information.
Background
Under Iowa Code chapter 22, all expenses for the examination and copying of public records
are paid by the person desiring to examine or copy the record. Government bodies may include
charges directly attributable to supervising the examination of public records, providing copies of
public records, and cannot include charges for ordinary expenses or costs such as employment
benefits, depreciation, maintenance, electricity, or insurance associated with the administration
of the office.
Assumptions
• There may be an increase in the quantity of public record requests and the scope of public
record requests due to lower fees assessed to obtain records.
• There may be unrecovered costs of public record requests for governmental entities.
• Costs may vary for governmental entities based on size and average volume of existing
public records requests, as well as the variability of requests throughout a fiscal year.
• Costs may vary for governmental entities based on the extent to which fees are already
absorbed by the entity and the fee rate charged to the requester.
• Not all State agencies and local government entities receiving public record requests may
incur increased costs as a result of this Bill.
Fiscal Impact
The estimated fiscal impact of SF 2322 may vary across State agencies. In a sample survey of
agencies of various sizes that responded to a request for information to the Legislative Services
Agency, the majority stated that there would be no fiscal impact or that any fiscal impact is likely
to be minimal. However, due to the variability across agencies and the inability to predict the
volume of future open record requests, it is not possible to estimate the overall fiscal impact to
State agencies at this time. In the instance of increased public record requests, it is possible
that agencies may request additional full-time equivalent (FTE) positions.
The fiscal impact of SF 2322 on local governments also cannot be estimated at this time.
Additional costs that may be absorbed by a local government are expected to vary based on the
size of the entity, the current hourly rate charged for services, and the volume and scope of the
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requests received in a given year. Not all local government entities may experience a fiscal
impact as a result of this Bill.
Sources
Iowa League of Cities
Various State agencies
/s/ Holly M. Lyons
June 24, 2022
Doc ID 1289529
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in
developing this fiscal note is available from the Fiscal Services Division of the Legislative Services
Agency upon request.
www.legis.iowa.gov
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Statutes affected:
Introduced: 22.3
Enrolled: 22.3