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7-52-135 - Public records having commercial value Fees for copies.

7-52-135. Public records having commercial value Fees for copies.

(a)  If a request is made for a copy of a public record that has commercial value, and such request requires the reproduction of all or a portion of a computer generated map that was developed by an electric system, the board of directors of any such system may establish and impose reasonable fees for the reproduction of such map, in addition to any fees or charges that may lawfully be imposed pursuant to § 10-7-506. The additional fees authorized by this subsection (a) may not be assessed against individuals who request copies of such maps for themselves or when the map requested does not have commercial value.

(b)  The additional fees authorized by subsection (a) shall relate to the actual development costs of such maps and may include:

     (1)  Labor costs;

     (2)  Costs incurred in design, development, testing, implementation and training; and

     (3)  Costs necessary to ensure that the map is accurate, complete and current, including the cost of adding to, updating, modifying and deleting information.

(c)  The total collections for the additional fees authorized by subsection (a) shall not exceed the total development costs of the system producing the maps. Once such additional fees have paid the total development costs of the system, such fees shall be adjusted to generate only the amount necessary to maintain the data and ensure that it is accurate, complete and current for the life of the particular system.

(d)  As used in subsection (a), “commercial value” means a record that may be used for commercial real estate development or related activities and for which a monetary profit may be realized.

[Acts 1991, ch. 428, § 1; 1994, ch. 670, §§ 1, 2.]  

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