What fees may be charged for the cost of copying public records?
The concept of the law is that examination and copying of public records is part of the public business, already funded by taxpayers. Under section 9-338(8)(a) of the public records statute, an agency may establish a copying fee schedule which “may not exceed the actual cost to the agency of copying the record . . . .” The section contains an exception to preserve fees already established by other laws, such as recorders’ fees. Some state and local agencies provide information in the form of computer tapes and disks. Section 9- 338(8)(b) permits charging for the “direct cost of copying the information in that form.” The language of the law regarding the cost of providing computer or similar records is rendered somewhat unclear, however, by language, which also allows the agency to collect “the standard cost, if any, for selling the same information in the form of a publication.” It is the belief of the attorney general’s office that this language permits a public agency to offer the re