Can an authority charge a requester fees for providing a public record?

Yes. The public records law and case law identify a number of circumstances where a requester may be charged a fee for a public record. These include:

1. Copying.

a. General. An authority may charge copying fees but such fees are limited to the “actual, necessary and direct cost” of reproduction unless a fee is otherwise specifically established or authorized to be established by law. Wis. Stat. sec. 19.35(3)(a).

b. Computer. Permissible copy fees include the costs of a computer run. Wis. Stat. secs. 19.35(1)(e) and (3)(a); 72 Op. Att’y Gen. 68, 70 (1983). Similarly, an authority may charge a requester for any computer programming expenses required to respond to a request. WIREdata, Inc. v. Vill. of Sussex, 2008 WI 69, para. 107, 310 Wis. 2d 397, para. 107, 751 N.W.2d 736, para. 107.

c. Amount. The Wisconsin Department of Justice public records guidelines state that that photocopy fees should be around $0.15 cents per page, and that anything in excess of $0.25 cents may be suspect.

2. Transcription.

Transcription fees may be charged, but are limited to the “actual, necessary and direct cost” of transcription, unless a fee is otherwise specifically established or authorized to be established by law. Wis. Stat. sec.19.35(3)(a).

3. Photography and Photographic Reproduction.

An authority may charge photography and reproduction fees if the authority provides a photograph of a record, the form of which does not permit copying, but such the fees are limited to the “actual, necessary and direct” costs. Wis. Stat. sec. 19.35(3)(b).

4. Location.

Costs associated with locating records may not be charged unless they total $50.00 or more and only “actual, necessary, and direct” location costs are permitted. Wis. Stat. sec. 19.35(3)(c).

5. Mailing and Shipping.

Mailing and shipping fees may be charged, but are limited to the “actual, necessary and direct cost” of mailing or shipping. Wis. Stat. sec. 19.35(3)(d).

6. Redaction.

An authority may not charge a requester for the costs of deleting, or “redacting,” nondisclosable information included in responsive records. Milwaukee Journal Sentinel, 2012 WI 65, paras. 1 & n.4, 6, 58, 341 Wis. 2d 607, paras. 1 & n.4, 6, 58, 815 N.W.2d 367, paras. 1 & n.4, 6, 58.

7. Prepayment.

a. Current Fees. An authority may require prepayment of any fee if the total amount exceeds $5.00. Wis. Stat. sec. 19.35(3)(f). Moreover, the authority may refuse to make copies until payment is actually received. State ex rel. Hill v. Zimmerman, 196 Wis. 2d 419, 429-30, 538 N.W.2d 608, 613 (Ct. App. 1995).

b. Unpaid Fees. Except for prisoners, sec. 19.35(3)(f) does not authorize a prepayment requirement for previously unpaid fees.

8. Fee Reduction/Waiver.

An authority has discretion to provide requested records for free or at a reduced charge. Wis. Stat. sec. 19.35(3)(e).