Gerald C. Gex, Esquire
Office of the Attorney GeneralOctober 5, 1994
1994 WL 613195 (Miss.A.G.)
Office of the Attorney General
State of Mississippi
*1 Opinion No. 94-0643
*1 October 5, 1994
Re: Cost of Public Record Requests
*1 Gerald C. Gex, Esquire
*1 Attorney at Law
*1 Water Tower Plaza
*1 636 Highway 90
*1 Waveland, MS 39576
Dear Mr. Gex:
*1 Attorney General Mike Moore has received your request for an opinion and has assigned it to me for research and reply. Your letter states that the county is spending approximately $500,000 to aerially photograph and map the county, and that you anticipate requests for copies of the maps under the Public Records Act. You ask:
*1 Whether or not there is any way that the tax assessor can refuse to make copies of the map and if not, if there is any way that he can charge the customers an additionally fee over and above his cost, as set out in Section 25–61–7, so that the county can reap some monetary benefit from this large undertaking.
*1 In response, it is our opinion that Section 25–61–7 of the Mississippi Code, the Public Access to Public Records Act, only allows a governmental entity to collect fees to reimburse it for, but in no case to exceed, the actual costs of searching, reviewing and/or duplicating and, if applicable, mailing copies of the public records. These fees may be collected in advance before complying with the request.
*1 It is also our opinion that such maps owned by Hancock County would constitute public records. You do not state whether or not the mapping company or Hancock County has a copyright on the material in question; if so, then federal copyright law would govern reproduction of the materials.
*1 For your further information, there is attached an opinion to John Tabb dated 5–23–91. Please contact me if you have further questions regarding this matter.
Note
TO RETRIEVE THE FULL TEXT OF THE ATTACHED OPINION(S) SET FORTH AT THIS POINT, ENTER THE FOLLOWING FIELD SEARCH:
DA(5–23–1991) & PR(John +2 Tabb)
1994 WL 613195 (Miss.A.G.)
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