State of Illinois
90th General Assembly

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[ House Amendment 002 ]


      5 ILCS 140/6              from Ch. 116, par. 206
          Amends the Freedom of Information  Act.   Provides  that,
      notwithstanding  any  other  provision  of  law,  the fee for
      reproducing any public record, regardless of  the  format  of
      the record, shall not exceed the actual cost of reproduction.
      Deletes an obsolete cross-reference.  Effective immediately.
 1        AN  ACT  to  amend  the  Freedom  of  Information  Act by
 2    changing Section 6.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The Freedom of Information Act is amended by
 6    changing Section 6 as follows:
 7        (5 ILCS 140/6) (from Ch. 116, par. 206)
 8        Sec. 6.  Authority to charge fees.
 9        (a)  Each  public  body  may   charge   fees   reasonably
10    calculated  to  reimburse its actual cost for reproducing and
11    certifying public records and for the use, by any person,  of
12    the   equipment   of   the   public  body  to  copy  records.
13    Notwithstanding any other provision of  law,  the  Such  fees
14    shall  exclude  the costs of any search for and review of the
15    record, and shall not exceed the actual cost of  reproduction
16    and  certification,  regardless  of  the format of the record
17    unless otherwise provided by State statute.    "Actual  cost"
18    shall  be  limited to direct, chargeable costs related to the
19    copying or reproduction of a public record as  determined  by
20    generally   accepted  accounting  principles  and  shall  not
21    include costs that would have been  occurred  by  the  public
22    body   if  a  request to copy or reproduce the record had not
23    been made.  The Such fees shall be  imposed  according  to  a
24    standard  scale  of  fees, established and made public by the
25    body imposing them.
26        (b)  Documents shall be furnished without charge or at  a
27    reduced  charge,  as  determined  by  the public body, if the
28    person requesting the documents states the  specific  purpose
29    for  the  request and indicates that a waiver or reduction of
30    the fee is in the public interest.  Waiver  or  reduction  of
31    the fee is in the public interest if the principal purpose of
                            -2-                LRB9010391MWpc
 1    the   request   is  to  access  and  disseminate  information
 2    regarding the health, safety and welfare or the legal  rights
 3    of the general public and is not for the principal purpose of
 4    personal   or   commercial  benefit.  For  purposes  of  this
 5    subsection, "commercial benefit" shall not apply to  requests
 6    made  by news media when the principal purpose of the request
 7    is  to  access  and  disseminate  information  regarding  the
 8    health, safety, and  welfare  or  the  legal  rights  of  the
 9    general  public.  In  setting  the  amount  of  the waiver or
10    reduction, the public body may take  into  consideration  the
11    amount of materials requested and the cost of copying them.
12        (c)  The  purposeful  imposition  of a fee not consistent
13    with  subsections  (6)(a)  and  (b)  of  this  Act  shall  be
14    considered a denial of  access  to  public  records  for  the
15    purposes of judicial review.
16        (d)  (Blank) The fee for an abstract of a driver's record
17    shall  be  as  provided  in  Section  6-118  of "The Illinois
18    Vehicle Code", approved September 29, 1969, as amended.
19    (Source: P.A. 90-144, eff. 7-23-97.)
20        Section 99.  Effective date.  This Act takes effect  upon
21    becoming law.

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