Full Text of HB5069 96th General Assembly
HB5069 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5069
Introduced 1/29/2010, by Rep. Patrick J. Verschoore SYNOPSIS AS INTRODUCED: |
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5 ILCS 140/6 |
from Ch. 116, par. 206 |
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Amends the Freedom of Information Act. Makes the following changes with respect to a public body's authority to charge fees when meeting requests for records: removes the requirement that electronically-maintained records be provided in the format requested; removes the prohibition against charging for the first 50 pages of black and white legal sized or letter sized copies; removes the maximum fee permitted for color or other sized copies and for certification; and permits a fee to exceed the actual cost of reproduction and certification if otherwise provided by State statute. Effective immediately.
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A BILL FOR
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HB5069 |
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LRB096 16818 JAM 32126 b |
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| AN ACT concerning government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Freedom of Information Act is amended by | 5 |
| changing Section 6 as follows:
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| (5 ILCS 140/6) (from Ch. 116, par. 206)
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| Sec. 6. Authority to charge fees.
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| (a) (Blank.) When a person requests a copy of a record | 9 |
| maintained in an electronic format, the public body shall | 10 |
| furnish it in the electronic format specified by the requester, | 11 |
| if feasible. If it is not feasible to furnish the public | 12 |
| records in the specified electronic format, then the public | 13 |
| body shall furnish it in the format in which it is maintained | 14 |
| by the public body, or in paper format at the option of the | 15 |
| requester. A public body may charge the requester for the | 16 |
| actual cost of purchasing the recording medium, whether disc, | 17 |
| diskette, tape, or other medium. A public body may not charge | 18 |
| the requester for the costs of any search for and review of the | 19 |
| records or other personnel costs associated with reproducing | 20 |
| the records. Except to the extent that the General Assembly | 21 |
| expressly provides, statutory fees applicable to copies of | 22 |
| public records when furnished in a paper format shall not be | 23 |
| applicable to those records when furnished in an electronic |
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HB5069 |
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LRB096 16818 JAM 32126 b |
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| format. | 2 |
| (b) Each Except when a fee is otherwise fixed by statute, | 3 |
| each public body may charge fees
reasonably
calculated to
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| reimburse
its actual cost for reproducing and certifying public | 5 |
| records and for the
use, by any person, of the equipment of the | 6 |
| public body to copy records. The fees shall exclude No fees | 7 |
| shall be charged for the first 50 pages of black and white, | 8 |
| letter or legal sized copies requested by a requester. The fee | 9 |
| for black and white, letter or legal sized copies shall not | 10 |
| exceed 15 cents per page. If a public body provides copies in | 11 |
| color or in a size other than letter or legal, the public body | 12 |
| may not charge more than its actual cost for reproducing the | 13 |
| records.
In calculating its actual cost for reproducing records | 14 |
| or for the use of the equipment of the public body to reproduce | 15 |
| records, a public body shall not include the costs of any | 16 |
| search for and review of the record and shall not exceed the | 17 |
| actual cost of reproduction and certification, unless | 18 |
| otherwise provided by State statute records or other personnel | 19 |
| costs associated with reproducing the records . Such fees shall | 20 |
| be imposed
according to a standard scale of fees, established | 21 |
| and made public by the
body imposing them. The cost for | 22 |
| certifying a record shall not exceed $1.
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| (c) Documents shall be furnished without charge or at a | 24 |
| reduced
charge, as determined by the public body, if the person | 25 |
| requesting the
documents states the specific purpose for the | 26 |
| request and indicates that a
waiver or reduction of the fee is |
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HB5069 |
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LRB096 16818 JAM 32126 b |
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| in the public interest. Waiver or
reduction of the fee is in | 2 |
| the public interest if the principal purpose of
the request is | 3 |
| to access and disseminate information regarding the health,
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| safety and welfare or the legal rights of the general public | 5 |
| and is not for
the principal purpose of personal or commercial | 6 |
| benefit.
For purposes of this subsection, "commercial benefit" | 7 |
| shall not apply to
requests
made by news media when the | 8 |
| principal purpose of the request is to access and
disseminate | 9 |
| information regarding the health, safety, and welfare or the | 10 |
| legal
rights of the general public.
In setting the
amount of | 11 |
| the waiver or reduction, the public body may take into
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| consideration the amount of materials requested and the cost of | 13 |
| copying
them.
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| (d) The purposeful imposition of a fee not consistent with | 15 |
| subsections
(6)(a) and (b) of this Act constitutes a denial of | 16 |
| access to public
records for the purposes of judicial review.
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| (e) (d) The fee for an each abstract of a driver's record | 18 |
| shall be as provided
in Section 6-118 of "The Illinois Vehicle | 19 |
| Code", approved September 29,
1969, as amended , whether | 20 |
| furnished as a paper copy or as an electronic copy .
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| (Source: P.A. 96-542, eff. 1-1-10; revised 1-4-10.)
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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.
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