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Right to Know Act on Duplicating Fees

Read Pennsylvania's Right to Know Act.

1. Duplication: Fees for duplication by photocopying, printing from electronic media or microfilm, copying onto electronic media, transmission by facsimile or other electronic means must be reasonable and based on prevailing fees for comparable duplication services provided by local business entities. See Right to Know Act 65 P.S. Section 66.7(b).

   In a competitive marketplace, private companies must charge reasonable fees or go out of business. But government has no such incentive to keep its costs in line. By tying fees to those of private industry, the legislature killed two birds with one stone. It gave agencies an incentive to handle request for public records efficiently while ensuring that members of the public do not end up subsidizing a government agency's inefficiency.

2. Limitations. Except as otherwise provided by the statute, no other fees may be imposed unless the agency necessarily incurs costs for complying with the request, and such fees must be reasonable. See Right to Know Act 65 P.S. Section 66.7(g).

   An agency's costs are to be interpreted narrowly. An agency may not recover fees for costs unless "the agency necessarily incurs costs for complying with the request, and such fees must be reasonable." In other words, costs must be directly related to the task at hand. I take this to mean an agency cannot charge for indirect costs, e.g., the cost of heating and lighting an agency could not be charged back to someone who just wanted copies because the agency would have to provide these things anyway.