AN ACT to amend the Indiana Code concerning local government.
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 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, 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.
(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.