D. Fee provisions or practices.

The 1990 amendments to the public records statute specifically address the question of fees, which previously was dealt with only in regulations. See AS 40.25.110(b)-(h). As a general rule, if you want a copy of a public record you can be required to pay for it, but fees can be waived. Note that the public records act distinguishes between regular public records and "electronic products and services." The full definition of electronic products and services is contained in AS 40.25.220(1). In short, and somewhat oversimplified, "electronic products and services" includes access to information in a form or manner not ordinarily maintained as a record by the public agency. One significance of this label is that an enhanced fee can be charged, to cover building and maintaining the database. Also, as a general rule, the decision whether to make electronic products and services available at all is within the discretion of the agency. AS 40.25.115. Electronic services and products are discussed in more detail in section III below.

Personnel costs passed on to requesters may not exceed the actual salary and benefit costs for the personnel time required to perform the search and copying tasks. The requester must pay the fee before the records are disclosed. AS 40.25.110(c). The 1990 revisions to the Public Records Act allow the University of Alaska, the Alaska Railroad Corporation, and the judicial branch to separately establish reasonable fees for inspection and copying of public records, including record searches. AS 40.25.110(f), (g), (h). The Bureau of Vital Statistics, the library archives in the Department of Education, the District Recorder and the Division of Banking Securities and Corporations in the Department of Commerce, Community, and Economic Development (all of which are agencies with primary functions of performing record searches and that have customarily charged a fee for such searches) may continue to charge such search fees. Payment for searches can be required in advance. AS 40.25.110(c). Reviewing records for disclosability is not a production task for which the records requester can be charged. Fuller v. City of Homer, 113 P.3d 659, 666 (Alaska 2005) (Fuller II).