View Amendment Current Amendment: 3 to Bill 3352 Rep. HILL proposes the following Amendment No. 3 to H. 3352 (COUNCIL\WAB\3352C003.AGM.WAB17):

Reference is to Printer's Date 2/8/17-H.

Amend the bill, as and if amended, Section 30-4-30(B), as contained in SECTION 3, by deleting the subsection in its entirety and inserting:

/      (b)(B)(1)      The public body may establish and collect fees not to exceed the actual cost of searching for or making copies of records as provided for in this section. The public body may establish and collect reasonable fees not to exceed the actual cost of the search, retrieval, and redaction of records. The public body shall develop a fee schedule to be posted online. The fee for the search, retrieval, or redaction of records shall not exceed the prorated hourly salary of the lowest paid employee who, in the reasonable discretion of the custodian of the records, has the necessary skill and training to perform the request. Fees charged by a public body must be uniform for copies of the same record or document and may not exceed the prevailing commercial rate for the producing of copies. Copy charges may not apply to records that are transmitted in an electronic format. If records are not in electronic format and the public body agrees to produce them in electronic format, the public body may charge for the staff time required to transfer the documents to electronic format. However, members of the General Assembly may receive copies of records or documents at no charge from public bodies when their request relates to their legislative duties. The records must be furnished at the lowest possible cost to the person requesting the records. Records must be provided in a form that is both convenient and practical for use by the person requesting copies of the records concerned, if it is equally convenient for the public body to provide the records in this form. Documents may be furnished when appropriate without charge or at a reduced charge where the agency determines that waiver or reduction of the fee is in the public interest because furnishing the information can be considered as primarily benefiting the general public. Fees may not be charged for examination and review to determine if the documents are subject to disclosure. Nothing in this chapter prevents the custodian of the public records from charging a reasonable hourly rate for making records available to the public nor requiring a reasonable deposit of these costs before searching for or making copies of the records A deposit not to exceed twenty-five percent of the total reasonably anticipated cost for reproduction of the records may be required prior to the public body searching for or making copies of records.            (2)      With respect to public records containing data subject to copyright protection because the data contains original material, research, and creative compilation, a public body may not charge the public more than the actual cost of printing such records provided to fulfil a request made pursuant to this chapter. The public body may not factor in the value of the original material, research, and creative compilation or the like that produced the data subject to disclosure under the provisions of this chapter. The provisions of this item only apply when the requester certifies that the information is not for commercial use. The public body providing such copyrightable information obtained for noncommercial use may stamp or watermark the documents with the words, 'not for commercial use'. The provisions of this item apply notwithstanding the provisions of item (1) concerning the amount public bodies may charge the public for searching, retrieving, redacting, and reproducing records. /

Renumber sections to conform.
Amend title to conform.