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| [ House Amendment 002 ] |
90_HB3273
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.
LRB9010391MWpc
LRB9010391MWpc
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.