§ 5-14-3-8 — Fees; copies

Indiana § 5-14-3-8

• Jurisdiction: Indiana
• Title 5: STATE AND LOCAL ADMINISTRATION
• Art. 14: PUBLIC RECORDS AND PUBLIC MEETINGS
• Ch. 3: Access to Public Records

Text

(a) For the purposes of this section, "state
agency" has the meaning set forth in IC 4-13-1-1.
(b) Except as provided in this section, a public agency may not
charge any fee under this chapter for the following:
(1) To inspect a public record.
(2) This subdivision applies only to a school corporation and a
charter school. This subdivision does not apply to a request for a
search by an exclusive representative (as defined in IC 20-29-2-9). To search for a record that is in an electronic format,
if the search does not exceed five (5) hours.
(3) Subject to subdivision (2), to search for, examine, or review
a record to determine whether the record may be disclosed.
(4) To provide an electronic copy of a public record by electronic
mail. However, a public agency may charge a fee for a public
record transmitted by electronic mail if the fee for the public
record is authorized under:
(A) subsection (f) or (j);
(B) section 6(c) of this chapter; or
(C) IC 36-2-7-10 or IC 36-2-7-10.1 concerning records of the
county recorder.
(c) The Indiana department of administration shall establish a
uniform copying fee for the copying of one (1) page of a standard-sized
document by state agencies. The fee may not exceed the average cost
of copying records by state agencies or ten cents ($0.10) per page,
whichever is greater. A state agency may not collect more than the
uniform copying fee for providing a copy of a public record. However,
a state agency shall establish and collect a reasonable fee for copying
nonstandard-sized documents.
(d) This subsection applies to a public agency that is not a state
agency. The fiscal body (as defined in IC 36-1-2-6) of the public
agency, or the governing body, if there is no fiscal body, shall establish
a fee schedule for the certification or copying of documents. The fee for
certification of documents may not exceed five dollars ($5) per
document. The fee for copying documents may not exceed the greater
of:
(1) ten cents ($0.10) per page for copies that are not color copies
or twenty-five cents ($0.25) per page for color copies; or
(2) the actual cost to the agency of copying the document.
As used in this subsection, "actual cost" means the cost of paper and
the per-page cost for use of copying or facsimile equipment and does
not include labor costs or overhead costs. A fee established under this
subsection must be uniform throughout the public agency and uniform
to all purchasers.
(e) If:
(1) a person is entitled to a copy of a public record under this
chapter; and
(2) the public agency which is in possession of the record has
reasonable access to a machine capable of reproducing the public
record;
the public agency must provide at least one (1) copy of the public
record to the person. However, if a public agency does not have
reasonable access to a machine capable of reproducing the record or if
the person cannot reproduce the record by use of enhanced access
under section 3.5 of this chapter, the person is only entitled to inspect
and manually transcribe the record. A public agency may require that
the payment for search and copying costs be made in advance.
(f) Notwithstanding subsection (b), (c), (d), (g), (h), or (i), a public
agency shall collect any certification, copying, facsimile machine
transmission, or search fee that is specified by statute or is ordered by
a court.
(g) Except as provided by subsection (h), for providing a duplicate
of a computer tape, computer disc, microfilm, law enforcement
recording, or similar or analogous record system containing
information owned by the public agency or entrusted to it, a public
agency may charge a fee, uniform to all purchasers, that does not
exceed the sum of the following:
(1) The agency's direct cost of supplying the information in that
form. However, the fee for a copy of a law enforcement recording
may not exceed one hundred fifty dollars ($150).
(2) The standard cost for selling the same information to the
public in the form of a publication if the agency has published the
information and made the publication available for sale.
(3) In the case of the legislative services agency, a reasonable
percentage of the agency's direct cost of maintaining the system
in which the information is stored. However, the amount charged
by the legislative services agency under this subdivision may not
exceed the sum of the amounts it may charge under subdivisions
(1) and (2).
(h) This subsection applies to the fee charged by a public agency for
providing enhanced access to a public record. A public agency may
charge any reasonable fee agreed on in the contract under section 3.5
of this chapter for providing enhanced access to public records.
(i) This subsection applies to the fee charged by a public agency for
permitting a governmental entity to inspect public records by means of
an electronic device. A public agency may charge any reasonable fee
for the inspection of public records under this subsection, or the public
agency may waive any fee for the inspection.
(j) Except as provided in subsection (k), a public agency may charge
a fee, uniform to all purchasers, for providing an electronic map that is
based upon a reasonable percentage of the agency's direct cost of
maintaining, upgrading, and enhancing the electronic map and for the
direct cost of supplying the electronic map in the form requested by the
purchaser. If the public agency is within a political subdivision having
a fiscal body, the fee is subject to the approval of the fiscal body of the
political subdivision.
(k) The fee charged by a public agency under subsection (j) to cover
costs for maintaining, upgrading, and enhancing an electronic map may
be waived by the public agency if the electronic map for which the fee
is charged will be used for a noncommercial purpose, including the
following:
(1) Public agency program support.
(2) Nonprofit activities.
(3) Journalism.
(4) Academic research.
(l) This subsection does not apply to a state agency. A fee collected
under subsection (g) for the copying of a law enforcement recording
may be:
(1) retained by the public agency; and
(2) used without appropriation for one (1) or more of the
following purposes:
(A) To purchase cameras and other equipment for use in
connection with the agency's law enforcement recording
program.
(B) For training concerning law enforcement recording.
(C) To defray the expenses of storing, producing, and copying
law enforcement recordings.
Money from a fee described in this subsection does not revert to the
local general fund at the end of a fiscal year.
(m) This subsection applies to a school corporation and a charter
school. For purposes of this subsection, "computer processing time"
means the amount of time a computer takes to process a command or
script to extract or copy electronically stored data that is the subject of
a public records request. A school corporation or charter school may
not charge a fee for the first five (5) hours required to search for
records that are in an electronic format. A school corporation or charter
school may charge a search fee for any time spent searching for records
that are in an electronic format that exceeds five (5) hours. If the school
corporation or charter school charges a search fee, the school
corporation or charter school shall charge an hourly fee that does not
exceed the lesser of:
(1) the hourly rate of the person making the search; or
(2) twenty dollars ($20) per hour.
A school corporation or charter school charging an hourly fee under
this subsection for searching for records that are in an electronic format
may charge only for time that the person making the search actually
spends in searching for the records that are in an electronic format. A
school corporation or charter school may not charge for computer
processing time and may not establish a minimum fee for searching for
records that are in an electronic format. A school corporation or charter
school shall make a good faith effort to complete a search for records
that are in an electronic format that is within a reasonable time in order
to minimize the amount of a search fee. The fee must be prorated to
reflect any search time of less than one (1) hour.

Legislative History

As added by P.L.19-1983, SEC.6. Amended by P.L.54-1985, SEC.6; P.L.51-1986, SEC.2; P.L.58-1993, SEC.7; P.L.78-1995, SEC.1; P.L.151-1999, SEC.1; P.L.89-2001, SEC.1; P.L.215-2007, SEC.1; P.L.16-2008, SEC.1; P.L.58-2016, SEC.7; P.L.171-2018, SEC.3; P.L.287-2019, SEC.1.