610.026. Fees for copying public records, limitations--fee money remitted to whom--tax, license or fee as used in Missouri Constitution article X, section 22, not to include copying fees.
Fees for copying public records, limitations--fee money remitted towhom--tax, license or fee as used in Missouri Constitution article X,section 22, not to include copying fees.
610.026. 1. Except as otherwise provided by law, each publicgovernmental body shall provide access to and, upon request, furnish copiesof public records subject to the following:
(1) Fees for copying public records, except those records restrictedunder section 32.091, RSMo, shall not exceed ten cents per page for a papercopy not larger than nine by fourteen inches, with the hourly fee forduplicating time not to exceed the average hourly rate of pay for clericalstaff of the public governmental body. Research time required forfulfilling records requests may be charged at the actual cost of researchtime. Based on the scope of the request, the public governmental bodyshall produce the copies using employees of the body that result in thelowest amount of charges for search, research, and duplication time. Priorto producing copies of the requested records, the person requesting therecords may request the public governmental body to provide an estimate ofthe cost to the person requesting the records. Documents may be furnishedwithout charge or at a reduced charge when the public governmental bodydetermines that waiver or reduction of the fee is in the public interestbecause it is likely to contribute significantly to public understanding ofthe operations or activities of the public governmental body and is notprimarily in the commercial interest of the requester;
(2) Fees for providing access to public records maintained oncomputer facilities, recording tapes or disks, videotapes or films,pictures, maps, slides, graphics, illustrations or similar audio or visualitems or devices, and for paper copies larger than nine by fourteen inchesshall include only the cost of copies, staff time, which shall not exceedthe average hourly rate of pay for staff of the public governmental bodyrequired for making copies and programming, if necessary, and the cost ofthe disk, tape, or other medium used for the duplication. Fees for maps,blueprints, or plats that require special expertise to duplicate mayinclude the actual rate of compensation for the trained personnel requiredto duplicate such maps, blueprints, or plats. If programming is requiredbeyond the customary and usual level to comply with a request for recordsor information, the fees for compliance may include the actual costs ofsuch programming.
2. Payment of such copying fees may be requested prior to the makingof copies.
3. Except as otherwise provided by law, each public governmental bodyof the state shall remit all moneys received by or for it from fees chargedpursuant to this section to the director of revenue for deposit to thegeneral revenue fund of the state.
4. Except as otherwise provided by law, each public governmental bodyof a political subdivision of the state shall remit all moneys received byit or for it from fees charged pursuant to sections 610.010 to 610.028 tothe appropriate fiscal officer of such political subdivision for deposit tothe governmental body's accounts.
5. The term "tax, license or fees" as used in section 22 of article Xof the Constitution of the state of Missouri does not include copyingcharges and related fees that do not exceed the level necessary to pay orto continue to pay the costs for providing a service, program, or activitywhich was in existence on November 4, 1980, or which was approved by a voteof the people subsequent to November 4, 1980.
(L. 1987 S.B. 2 § 610.025, A.L. 1998 H.B. 1095, A.L. 2004 S.B. 1020, et al.)