Bill Text: MS SB2849 | 2012 | Regular Session | Introduced
Bill Title: Public records; fees charged for are restricted to actual costs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2012-03-06 - Died In Committee [SB2849 Detail]
Download: Mississippi-2012-SB2849-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Judiciary, Division B
By: Senator(s) Blount
Senate Bill 2849
AN ACT TO AMEND SECTION 25-61-7, MISSISSIPPI CODE OF 1972, TO CLARIFY THE FEES WHICH MAY BE CHARGED BY PUBLIC BODIES TO PROVIDE PUBLIC RECORDS; TO AMEND SECTION 25-61-15, MISSISSIPPI CODE OF 1972, TO PROVIDE A CIVIL PENALTY FOR THE CHARGING OF AN UNREASONABLE FEE FOR PROVIDING A PUBLIC RECORD; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 25-61-7, Mississippi Code of 1972, is amended as follows:
25-61-7. (1) Except as provided in subsection (2) of this section, each public body may establish and collect fees reasonably calculated to reimburse it for, and in no case to exceed, the actual cost of searching, reviewing and/or duplicating and, if applicable, mailing copies of public records. The actual cost may not include any amount paid to a person who is not an employee of the public body. Any staff time included in actual cost shall be at the pay scale of the lowest level employee competent to assemble the response to the request. Such fees shall be collected by the public body in advance of complying with the request.
(2) A public body may establish a standard fee scale to reimburse it for the costs of creating, acquiring and maintaining a geographic information system or multipurpose cadastre as authorized and defined under Section 25-61-1 et seq., or any other electronically accessible data. Such fees must be reasonably related to the cost of creating, acquiring and maintaining the geographic information system, multipurpose cadastre or other electronically accessible data, for the data or information contained therein or taken therefrom and for any records, papers, accounts, maps, photographs, films, cards, tapes, recordings or other materials, data or information relating thereto, whether in printed, digital or other format. In determining the fees or charges under this subsection, the public body may consider the type of information requested, the purpose or purposes for which the information has been requested and the commercial value of the information.
SECTION 2. Section 25-61-15, Mississippi Code of 1972, is amended as follows:
25-61-15. Any person who shall deny to any person access to any public record which is not exempt from the provisions of this chapter or who charges an unreasonable fee for providing a public record may be liable civilly in a sum not to exceed One Hundred Dollars ($100.00) per violation, plus all reasonable expenses incurred by such person bringing the proceeding.
SECTION 3. This act shall take effect and be in force from and after July 1, 2012.
