Public agencies would limit labor charges for public records requests

Public agencies would be allowed to charge actual copying and mailing costs, with labor charges allowed only under the overtime rules. Copies on standard letter or legal-size paper would cost no more than 10 cents per sheet. Physical storage materials would be charged at their most economical actual cost. Agencies could charge fees only if they make the required procedures publicly available and follow them. These fee rules would not cover records sold under another law or records whose copy fees another law specifically sets. Agencies would have to allow pickup in person and charge no mailing fee when people choose pickup.

Public agencies would be allowed to charge for overtime spent finding records, removing protected information, and making copies. Overtime would mean work beyond an employee's normal hours. The requester would have to specifically agree to overtime needed for a timely response. The agency would have to identify why covering the labor itself would cause unreasonably high costs. Employee charges could not exceed the overtime wage of the lowest-paid employee able to do the work. Bills would have to show the rate and hours charged. Agencies without capable staff could charge for hired help removing protected information, with a separate cap of six times the state minimum hourly wage. They could not charge again for removing information when they still hold the previously edited record.

A public agency could treat a records request as abandoned when a required deposit goes unpaid and the requester has not appealed the amount. This would cover deposits required before agencies provide records, including higher deposits allowed after an earlier request went unpaid. The agency's notice would have to state the deposit deadline. If the agency treats the request as abandoned, it would no longer have to fill it. Notice would count as received three days after it is sent. The deposit deadline would be 48 days after the notice is sent.