§803-47.9  Cost reimbursement.  (a)  A
government entity obtaining the contents of communications, records, or other
information shall pay to the person or entity providing or assembling the
information a fee for reimbursement or costs that are reasonably necessary and
that have been directly incurred in searching for, assembling, reproducing, or
otherwise providing the information.  The reimbursable costs shall include any
costs due to necessary disruption of normal operations of any electronic
communication service or remote computing service that was occasioned by the
governmental needs.



(b)  The amount of the fee provided by
subsection (a) shall be as mutually agreed by the governmental entity and the
person or entity providing the information or, in the absence of agreement,
shall be as determined by the designated court that issued the order for
production of the information or the court before which a criminal prosecution
relating to the information would be brought, if no court order was issued for production
of the information.



(c)  The requirement of subsection (a) does not
apply with respect to records or other information maintained by a
communication common carrier that relate to telephone toll records and
telephone listings obtained under section 803‑47.6.  However, the court
may order a payment as described in subsection (a), if the court determines the
information required is unusually voluminous in nature or otherwise caused an
undue burden on the provider. [L 1989, c 164, pt of §1; am L 2006, c 200, pt of
§4]