Reference is to Printer's Date 2/8/17-H.
Amend the bill, as and if amended, Section 30-4-30(B), as contained in SECTION 3, by deleting the subsection in its entirety and inserting:
/ (b)(B)(1)
The public body may establish and collect fees
not to exceed the actual cost of searching for or making
copies of records as provided for in this
section. The public body may establish and collect
reasonable fees not to exceed the actual cost of the search,
retrieval, and redaction of records. The public body shall
develop a fee schedule to be posted online. The fee for the
search, retrieval, or redaction of records shall not exceed the
prorated hourly salary of the lowest paid employee who, in the
reasonable discretion of the custodian of the records, has the
necessary skill and training to perform the request. Fees
charged by a public body must be uniform for copies of the same
record or document and may not exceed the prevailing
commercial rate for the producing of copies. Copy charges may
not apply to records that are transmitted in an electronic
format. If records are not in electronic format and the public
body agrees to produce them in electronic format, the public
body may charge for the staff time required to transfer the
documents to electronic format. However, members of the
General Assembly may receive copies of records or documents at
no charge from public bodies when their request relates to their
legislative duties. The records must be furnished at the lowest
possible cost to the person requesting the records. Records
must be provided in a form that is both convenient and practical
for use by the person requesting copies of the records
concerned, if it is equally convenient for the public body to
provide the records in this form. Documents may be furnished
when appropriate without charge or at a reduced charge where the
agency determines that waiver or reduction of the fee is in the
public interest because furnishing the information can be
considered as primarily benefiting the general public. Fees may
not be charged for examination and review to determine if the
documents are subject to disclosure. Nothing in this
chapter prevents the custodian of the public records from
charging a reasonable hourly rate for making records available
to the public nor requiring a reasonable deposit of these costs
before searching for or making copies of the records
A deposit not to exceed twenty-five percent of the total
reasonably anticipated cost for reproduction of the records may
be required prior to the public body searching for or making
copies of records.
(2) With respect to public
records containing data subject to copyright protection because
the data contains original material, research, and creative
compilation, a public body may not charge the public more than
the actual cost of printing such records provided to fulfil a
request made pursuant to this chapter. The public body may not
factor in the value of the original material, research, and
creative compilation or the like that produced the data subject
to disclosure under the provisions of this chapter. The
provisions of this item only apply when the requester certifies
that the information is not for commercial use. The public body
providing such copyrightable information obtained for
noncommercial use may stamp or watermark the documents with the
words, 'not for commercial use'. The provisions of this item
apply notwithstanding the provisions of item (1) concerning the
amount public bodies may charge the public for searching,
retrieving, redacting, and reproducing records. /
Renumber sections to conform.
Amend title to conform.