HB0151

Limits copy and production fees for public records requests, expands the ombudsman's authority to enforce the Wyoming Public Records Act, and increases penalties for violations.

• Defines a 'public records request' as a single inquiry for one or more reasonably related public records. (W.S. 16-4-201(a)(xv))
• Grants the ombudsman authority to conduct in-camera review of denied records, issue compliance orders, and take action in legal proceedings to support enforcement. (W.S. 16-4-201(c)(vi), W.S. 16-4-201(c)(vii), W.S. 16-4-201(c)(viii))
• Establishes maximum fees for public records copies: no charge for electronic records delivered by email or download link; $20 flat fee for records on a governmental entity-supplied data storage device; $0.15 per page for paper copies up to 666 pages, then $0.05 per page; actual postage costs for mailed records. (W.S. 16-4-204(f))
• Prohibits governmental entities from dividing a single records request into multiple requests to assess additional fees. (W.S. 16-4-204(f)(v))
• Prohibits charging fees for labor costs associated with locating, reviewing, redacting, or preparing records, except for programming and computer services necessary to construct electronic records. (W.S. 16-4-204(g))
• Increases the penalty for knowingly or intentionally violating the Public Records Act from $750 to up to $2,000. (W.S. 16-4-205(a))
• Establishes a daily civil penalty of $250 per business day for governmental entities that fail to comply with final court orders, beginning the first business day after the compliance deadline. (W.S. 16-4-205(c))
• Authorizes courts to impose additional punitive damages of up to $7,500 when a governmental entity acts in bad faith, including knowingly denying public records, imposing excessive fees to discourage requests, deliberately delaying production, or destroying records. (W.S. 16-4-205(d))
• Allows prevailing applicants in district court actions to recover attorneys' fees and court costs when a governmental entity fails to release records or comply with ombudsman orders.