Title 50, Chapter 18, Section 71
( 50-18-71)
(a) In all cases where an interested member of the public has a
right to inspect or take extracts or make copies from any public
records, instruments, or documents, any such person shall have the
right of access to the records, documents, or instruments for the
purpose of making photographs or reproductions of the same while in
the possession, custody, and control of the lawful custodian
thereof, or his authorized deputy. Such work shall be done under the
supervision of the lawful custodian of the records, who shall have
the right to adopt and enforce reasonable rules governing the work.
The work shall be done in the room where the records, documents, or
instruments are kept by law. While the work is in progress, the
custodian may charge the person making the photographs or
reproductions of the records, documents, or instruments at a rate of
compensation to be agreed upon by the person making the photographs
and the custodian for his services or the services of a deputy in
supervising the work. (b) Where fees for certified copies or other copies or records are
specifically authorized or otherwise prescribed by law, such
specific fee shall apply. (c) Where no fee is otherwise provided by law, the agency may charge
and collect a uniform copying fee not to exceed 25¢ per page. (d) In addition, a reasonable charge may be collected for search,
retrieval, and other direct administrative costs for complying with
a request under this Code section. The hourly charge shall not
exceed the salary of the lowest paid full-time employee who, in the
discretion of the custodian of the records, has the necessary skill
and training to perform the request; provided, however, that no
charge shall be made for the first quarter hour. (e) An agency shall utilize the most economical means available for
providing copies of public records. (f) Where information requested is maintained by computer, an agency
may charge the public its actual cost of a computer disk or tape
onto which the information is transferred and may charge for the
administrative time involved as set forth in subsection (d) of this
Code section. (g) Whenever any person has requested one or more copies of a public
record and such person does not pay the copying charges and charges
for search, retrieval, or other direct administrative costs in
accordance with the provisions of this Code section: (1) A county or a department, agency, board, bureau, commission,
authority, or similar body of a county is authorized to collect
such charges in any manner authorized by law for the collection of
taxes, fees, or assessments owed to the county; (2) A municipal corporation or a department, agency, board,
bureau, commission, authority, or similar body of a municipal
corporation is authorized to collect such charges in any manner
authorized by law for the collection of taxes, fees, or
assessments owed to the municipal corporation; (3) A consolidated government or a department, agency, board,
bureau, commission, authority, or similar body of a consolidated
government is authorized to collect such charges in any manner
authorized by law for the collection of taxes, fees, or
assessments owed to the consolidated government; (4) A county school board or a department, agency, board, bureau,
commission, authority, or similar body of a county school board is
authorized to collect such charges in any manner authorized by law
for the collection of taxes, fees, or assessments owed to the
county; (5) An independent school board or a department, agency, board,
bureau, commission, authority, or similar body of an independent
school board is authorized to collect such charges in any manner
authorized by law for the collection of taxes, fees, or
assessments owed to the municipal corporation; and (6) A joint or regional authority or instrumentality which serves
one or more counties and one or more municipal corporations, two
or more counties, or two or more municipal corporations is
authorized to collect such charges in any manner authorized by law
for the collection of taxes, fees, or assessments owed to the
county if a county is involved with the authority or
instrumentality or in any manner authorized by law for the
collection of taxes, fees, or assessments owed to the municipal
corporation if a municipal corporation is involved with the
authority or instrumentality. This subsection shall apply whether or not the person requesting the
copies has appeared to receive the copies. |