Open records act-limitation on copy and production fees.

26LSO-0403
2026
STATE OF WYOMING
26LSO-0403
Numbered
2.0

HOUSE BILL NO. HB0151

Open records act-limitation on copy and production fees.

Sponsored by: Representative(s) Brady, Guggenmos, Hoeft, Webb and Webber and Senator(s) Pearson

A BILL

for

AN ACT relating to public records; defining terms; amending the duties of the ombudsman; imposing limits on copy and production costs for responding to requests for inspection and production of public records; increasing penalties; authorizing attorneys' fees; making conforming amendments; specifying applicability; and providing for effective dates.

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

Section 1
.

W.S. 16
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4
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201(a) by creating a new paragraph (xv), (c)(i), (iii), (iv) and by creating new paragraphs (vi) through (viii), 16
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4
‑
202(d)(i), 16
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4
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203(f)(i)(intro), 16
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4
‑
204(a), (d), (e) and by creating new subsections (f) and (g) and 16
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4
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205 are amended to read:

16
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4
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201.

Definitions; short title; designation of ombudsman; duties of ombudsman.

(a)

As used in this act:

(xv)

"Public records request" means a single inquiry for one (1) or more public records that are reasonably related in subject matter and scope.

(c)

The governor shall designate an ombudsman for purposes of this act. The ombudsman shall:

(i)

Receive
and investigate
complaints as provided under this act;

(iii)

Keep confidential all records submitted by a governmental entity
for the purpose of in
‑
camera review
;

(iv)

Provide uniform interpretation and training on the ombudsman's role
,

and
recommendations
and duties
under this act to governmental entities and the general public;

(vi)

Conduct in
‑
camera review of any public record to which access has been denied to determine whether the denial is consistent with law;

(vii)

Issue orders directing a governmental entity to comply with the Wyoming Public Records Act. Orders issued under this paragraph may direct the release of records, provide for the waiver or refund of fees or direct any other action necessary to ensure compliance with the act;

(viii)

Take reasonable action to support the ombudsman's conduct in any legal proceeding
.

16
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4
‑
202.

Right of inspection; rules and regulations; unavailability; training.

(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.

Subject to W.S. 16
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4
‑
204(f), t
he 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;

16
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4
‑
203.

Right of inspection; grounds for denial; access of news media; order permitting or restricting disclosure; attorneys' fees available; exceptions.

(f)

Any person aggrieved by the failure of a governmental entity to release records on the specified date mutually agreed upon pursuant to W.S. 16
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4
‑
202(c)(iv) or by the failure of a governmental entity to comply with an order of the ombudsman pursuant to W.S.
16
‑
4
‑
201(c)(vii)

or
16
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4
‑
202(c)(v) may:

(i)

Apply to the district court of the district wherein the record is found for an order to direct the custodian of the record to show cause why he should not permit the inspection of the record and to compel production of the record if applicable.

An order issued by the district court under this paragraph may waive any fees charged by the state governmental entity
and shall award attorneys' fees and court costs to the prevailing applicant
;

16
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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
subject to subsection (f) of this section
. Where fees for certified copies or other copies, printouts or photographs of the record are specifically prescribed by law, the specific fees shall apply. 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.

(d)

Subject to subsections (f) and (g) of this section, a
ll state agencies may adopt rules and regulations pursuant to the Wyoming Administrative Procedure Act establishing reasonable fees and charges that may be assessed for the costs and services set forth in this section.

(e)

Subject to subsections (f) and (g) of this section, t
he department of administration and information shall adopt uniform rules for the use of state agencies establishing procedures, fees, costs and charges for inspection, copies and production of public records under W.S. 16
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4
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202(d)(i), 16
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4
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203(h)(i) and 16
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4
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204.

(f)

Fees for copies of public records shall not exceed the following amounts:

(i)

For electronic records provided by electronic means, including email or a publicly accessible download link: zero dollars ($0.00);

(ii)

For electronic records provided on a data storage device supplied by the governmental entity: a flat fee of twenty dollars ($20.00);

(iii)

For paper copies: fifteen cents ($0.15) per page up to six hundred sixty
‑
six (666) pages and five cents ($0.05) for each additional page over six hundred sixty
‑
six (666);

(iv)

For records provided by mail: other fees applicable under this section plus the actual cost of postage and shipping materials, not to exceed the rates charged by the United States Postal Service for a comparable shipment;

(v)

A governmental entity shall not divide a single public records request into multiple requests solely for the purpose of assessing additional fees.

(g)

No fee shall be charged for the time and labor costs associated with locating, reviewing, redacting or otherwise preparing a public record for inspection or release. This prohibition does not apply to fees for programming and computer services necessary to construct electronic records as authorized under W.S. 16
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4
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202(d)(i).

16
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4
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205.

Penalties; remedies.

(a)

Any person who knowingly or intentionally violates the provisions of this act is liable for a penalty
not to exceed seven hundred fifty dollars ($750.00)
of two thousand dollars ($2,000.00)
. The penalty may be recovered in a civil action and damages may be assessed by the court.

(b)

Any person who has grounds to believe that a governmental entity or political subdivision is in violation of this act shall have the right to file a petition for a writ of mandamus pursuant to W.S. 1
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30
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101 through 1
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30
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118 to require the governmental entity to comply with this act and shall be awarded the fees and costs available under W.S. 1
‑
30
‑
112.

(c)

A governmental entity that fails to comply with a final court order issued under this act shall be subject to a civil penalty of two hundred fifty dollars ($250.00) for each business day of noncompliance, to be assessed by the court. The daily penalty shall begin to accrue on the first business day following the deadline for compliance specified in the court order.

(d)

In any action under this act where the court finds that a governmental entity acted in bad faith in denying access to public records or in failing to comply with this act, the court may impose additional punitive damages of not more than seven thousand five hundred dollars ($7,500.00). For purposes of this subsection, "bad faith" includes but is not limited to:

(i)

Knowingly denying access to records that are clearly public;

(ii)

Intentionally imposing excessive or unlawful fees to discourage requests;

(iii)

Deliberately delaying the production of records without lawful justification;

(iv)

Destroying or concealing public records to prevent disclosure.

(e)

All damages recovered under this section shall be paid to the person who brought the action.

Section 2.

This act shall apply to public record requests

made on and after July 1, 2026.

Section 3.

All agency rules authorized or required under this act shall be promulgated or repromulgated to comply with this act not later than July 1, 2026.

Section 4.

This act shall apply to any governmental entity as defined in W.S. 16
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4
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201(a)(xiii), including any state agency, political subdivision, or other entity subject to the Wyoming Public Records Act.

Section 5
.

(a)

Except as provided in subsection (b) of this section, this act is effective July 1, 2026.

(b)

Sections 3 and 5 of this act are effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

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HB0151