77-23b-7 - Fee for services of provider of information.
77-23b-7. Fee for services of provider of information.
(1) (a) Except as otherwise provided in Subsection (3), a governmental entity obtainingthe contents of communications, records, or other information under Section 77-23b-4 or77-23b-5 shall pay to the person or entity assembling or providing the information a reimbursement fee for the costs reasonably necessary and directly incurred in searching for,assembling, reproducing, or otherwise providing the information.
(b) The reimbursement costs shall include any costs due to the necessary disruption ofnormal operations of any electronic communications service or remote computing service inwhich the information may be stored.
(2) The fee amount under Subsection (1) shall be mutually agreed upon by thegovernmental entity and the person or entity providing the information, or in the absence ofagreement, shall be as determined by the court:
(a) that issued the order for production of the information; or
(b) before which a criminal prosecution relating to the information would be brought, ifno court order was issued for production of the information.
(3) The requirement of Subsection (1) does not apply to records or other informationmaintained by a communications common carrier that relate to telephone toll records andtelephone listings obtained under Section 77-23b-4. However, the court may order a payment asdescribed under Subsection (1) if the court determines the information required is unusuallyvoluminous in nature or otherwise causes an undue burden on the provider.
Amended by Chapter 122, 1989 General Session