HARRY HUGHES, Governor

1501

In subsection (a)(1) of this section, the former
reference to a "reasonable fee to be set by the
official custodian" is deleted as unnecessary and
overly broad in light of the specific provisions of §
5-121 of this subtitle.

The second clause of the third sentence of former Art.
76A, § 4(a), which required the custodian to allow
arrangements to be made for reproduction of a public
record that cannot be reproduced where it is kept, is
deleted as unnecessary in light of subsections
(a)(l)(ii) and (b)(l)(ii) of this section.

Defined terms: "Applicant" § 5-101

"Custodian" § 5-101 "Official custodian" § 5-101

"Public record" § 5-101

5-112. FEES.

(A)  IN GENERAL.

SUBJECT TO THE LIMITATIONS IN THIS SECTION, THE OFFICIAL
CUSTODIAN MAY CHARGE AN APPLICANT A REASONABLE FEE FOR THE SEARCH
FOR, PREPARATION OF, AND REPRODUCTION OF A PUBLIC RECORD.

(B)  LIMITATION ON SEARCH AND PREPARATION FEES.

THE OFFICIAL CUSTODIAN MAY NOT CHARGE A FEE FOR THE FIRST 2
HOURS THAT ARE NEEDED TO SEARCH FOR A PUBLIC RECORD AND PREPARE
IT FOR INSPECTION.

(C)  LIMITATION ON REPRODUCTION FEES.

(1)  IF ANOTHER LAW SETS A FEE FOR A COPY, PRINTOUT,
OR PHOTOGRAPH OF A PUBLIC RECORD, THAT LAW APPLIES.

(2)  THE OFFICIAL CUSTODIAN OTHERWISE MAY CHARGE ANY
REASONABLE FEE FOR MAKING OR SUPERVISING THE MAKING OF A COPY,
PRINTOUT, OR PHOTOGRAPH OF A PUBLIC RECORD.

(3)  THE OFFICIAL CUSTODIAN MAY CHARGE FOR THE COST OF
PROVIDING FACILITIES FOR THE REPRODUCTION OF THE PUBLIC RECORD IF
THE CUSTODIAN DID NOT HAVE THE FACILITIES.

(D)  WAIVER.

THE OFFICIAL CUSTODIAN MAY WAIVE A FEE UNDER THIS SECTION

IF:

(1) THE APPLICANT ASKS FOR A WAIVER; AND

(2) AFTER CONSIDERATION OF THE ABILITY OF THE
APPLICANT TO PAY THE FEE AND OTHER RELEVANT FACTORS, THE OFFICIAL
CUSTODIAN DETERMINES THAT THE WAIVER WOULD BE IN THE PUBLIC
INTEREST.