AB 638

Currently, unless otherwise provided by law, any requester has a right to

receive a copy of a public record that appears in written form. In addition, a requester

is specifically permitted to obtain a copy of a record that is not in a readily

comprehensible form reduced to written form on paper, and a requester may also

obtain a transcript in lieu of a record that is recorded on audio tape, and may obtain

a photograph of a record the form of which does not permit copying. This bill clarifies,

in addition, that unless otherwise provided by law, a requester is entitled to receive

a copy of a public record the form of which permits copying in the same format in

which the record is maintained by its custodian, regardless of whether the record

appears in written form.

Currently, the maximum fees that a governmental unit or officer may charge

for obtaining copies of a public record are prescribed by law, unless a specific law

prescribes the fee for obtaining a copy of a particular record or authorizes a

governmental unit or officer to prescribe a fee for obtaining a copy of a particular

record. The fact that a governmental unit or officer enters into a contract with a

private person under which records are produced or collected does not change the

law. This bill provides that if a public record is produced or collected by a private

person pursuant to a contract entered into by a governmental unit or officer with that

person, the authorized fees for obtaining a copy of the record may not exceed the

actual, necessary, and direct cost of reproduction or transcription of the record

incurred by the person who makes the reproduction or transcription, unless a fee is

otherwise established or authorized to be established by law.