Public records.

WORKING DRAFT
2011
STATE OF
WYOMING
11LSO-0224.E1

HOUSE BILL
NO.
HB0121

Public records.

Sponsored by:
Representative(s)
Edmonds
, Blake, Bonner, Buchanan, Patton, Teeters and Wallis and Senator(s) Dockstader and Martin

A BILL

for

AN ACT relating to
public records; setting reasonable time for production of public records; clarifying reasonable fees for duplication of public records;
and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.

W.S. 16
‑
4
‑
202(d)(i)
and
by creating new subsection
s
(e) and
(f) and
16
‑
4
‑
204(a) are amended to read:

16
‑
4
‑
202.

Right of inspection; rules and regulations; unavailability.

(d)

If a public record exists primarily or solely in an electronic format, the custodian of the record shall so inform the requester. Electronic record inspection and copying shall be subject to the following:

(i)

The reasonable costs of producing a copy of the public record shall be borne by the party making the request. The costs may include the cost of producing a copy of the public record and the cost of constructing the record, including the cost of programming and computer services

only as provided in W.S. 16
‑
4
‑
204(a)
;

(e)

The date and hour set for the inspection of records not readily available at the time of the request shall be within a reasonable time after
receipt of
the request. A reasonable time shall be presumed to be three (3) working days or less.
The
period may be extended
by the custodian
if extenuating circumstances exist. However,
the
period of extension shall not exceed seven (7) working days
, unless
:

(i)

Agreed to by both parties; or

(ii)

T
he request is voluminous; or

(iii)

F
ulfilling the request would impair the agency's ability to discharge its duties.

(f)

The custodian shall notify the person requesting the records within seven (7) working days of the reason why the request cannot be fulfilled within the time period specified in subsection (e) of this section, and when the custodian will provide the records.

16
‑
4
‑
204.

Right of inspection; copies, printouts or photographs; fees.

(a)

In all cases in which a person has the right to inspect and copy any public records he may request that he be furnished copies, printouts or photographs for a reasonable fee to be set by the official custodian. Where fees for certified copies or other copies, printouts or photographs of the record are specifically prescribed by law, the specific fees shall apply.

T
he custodian shall not charge for the retrieval of an existing record, regardless of format. Reasonable costs shall not exceed the actual cost of duplication of the record. As used in this
subsection
, "actual cost of duplication" means the cost of materials and supplies used to duplicate or reproduce the record
.
Costs for labor may be charged only when the request requires the custodian to
compile data
,
or
extract data
, or redact information

in order to
create a new document to comply with a
public
record request
.
Nothing in this section shall be construed as authorizing a fee to be charged as a condition of making a public record available for inspection.

Section 2.

This act is effective July 1, 2011.

(END)

1
HB0121