Section 610.026

There are multiple enactments of 610.026

Title XXXIX CONDUCT OF PUBLIC BUSINESS

Chapter 610

Effective - 28 Aug 2025, 2 histories, see footnote   

  610.026.  Fees for copying public records, limitations — fee money remitted to whom — tax, license or fee as used in Missouri Constitution Article X, Section 22, not to include copying fees. — 1.  Except as otherwise provided by law, each public governmental body shall provide access to and, upon request, furnish copies of public records subject to the following:

  (1)  Fees for copying public records, except those records restricted under section 32.091, shall not exceed ten cents per page for a paper copy not larger than nine by fourteen inches, with the hourly fee for duplicating time not to exceed the average hourly rate of pay for clerical staff of the public governmental body.  Research time required for fulfilling records requests may be charged at the actual cost of research time.  Based on the scope of the request, the public governmental body shall produce the copies using employees of the body that result in the lowest amount of charges for search, research, and duplication time.  Prior to producing copies of the requested records, the person requesting the records may request the public governmental body to provide an estimate of the cost to the person requesting the records.  Documents may be furnished without charge or at a reduced charge when the public governmental body determines that waiver or reduction of the fee is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the public governmental body and is not primarily in the commercial interest of the requester;

  (2)  Fees for providing access to public records maintained on computer facilities, recording tapes or disks, videotapes or films, pictures, maps, slides, graphics, illustrations or similar audio or visual items or devices, and for paper copies larger than nine by fourteen inches shall include only the cost of copies, staff time, which shall not exceed the average hourly rate of pay for staff of the public governmental body required for making copies and programming, if necessary, and the cost of the disk, tape, or other medium used for the duplication.  Fees for maps, blueprints, or plats that require special expertise to duplicate may include the actual rate of compensation for the trained personnel required to duplicate such maps, blueprints, or plats.  If programming is required beyond the customary and usual level to comply with a request for records or information, the fees for compliance may include the actual costs of such programming.

  2.  (1)  Payment of fees may be requested prior to fulfilling the request.

  (2)  A request for public records to a public governmental body shall be considered withdrawn if the requester fails to remit all fees within ninety days, or within one hundred fifty days if the requested fees are greater than one thousand dollars, of a request for payment of the fees by the public governmental body, prior to fulfilling the request.  The public governmental body shall include notice to the requester that if the requester fails to remit payment of the fees within ninety days, or within one hundred fifty days if the requested fees are greater than one thousand dollars, then the request for public records shall be considered withdrawn.  If the public governmental body responds to a request for public records in order to seek a clarification of the request and no response to the request for clarification is received by the public governmental body within ninety days, or within one hundred fifty days if the requested fees are greater than one thousand dollars, of sending the request for clarification, then such request for public records shall be considered withdrawn.  The request for clarification by the public governmental body shall include notice to the requester that if the requester fails to respond within ninety days, or within one hundred fifty days if the requested fees are greater than one thousand dollars, then the request shall be considered withdrawn.  If the same or a substantially similar request for public records is made within six months after the expiration of the ninety-day period, or within one hundred fifty days if the requested fees are greater than one thousand dollars, and no fee was remitted for such request or no response was received to the request for clarification, then the public governmental body may request payment of the same fees made for the original request that has expired in addition to any allowable fees necessary to fulfill the subsequent request.  Any request for records to a public governmental body that is pending on August 28, 2025, shall be considered withdrawn if the requester fails to remit all fees by January 1, 2026.  The provisions of this subdivision shall not apply if a lawsuit has been filed against the public governmental body with regard to the records that are the subject of the request under this subdivision.

  3.  Except as otherwise provided by law, each public governmental body of the state shall remit all moneys received by or for it from fees charged pursuant to this section to the director of revenue for deposit to the general revenue fund of the state.

  4.  Except as otherwise provided by law, each public governmental body of a political subdivision of the state shall remit all moneys received by it or for it from fees charged pursuant to sections 610.010 to 610.028 to the appropriate fiscal officer of such political subdivision for deposit to the governmental body's accounts.

  5.  The term "tax, license or fees" as used in Section 22 of Article X of the Constitution of the State of Missouri does not include copying charges and related fees that do not exceed the level necessary to pay or to continue to pay the costs for providing a service, program, or activity which was in existence on November 4, 1980, or which was approved by a vote of the people subsequent to November 4, 1980.

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(L. 1987 S.B. 2 § 610.025, A.L. 1998 H.B. 1095, A.L. 2004 S.B. 1020, et al., A.L. 2025 H.B. 145 & 59)

(2021)  Section does not authorize a public governmental body to charge attorney review time as research time required for fulfilling records requests.  Gross v. Parson, 624 S.W.3d 877 (Mo.banc).