AUTHORITY: Implementing and authorized by Section 3(h) of the Freedom of Information Act [5 ILCS 140] and implementing Section 17.1 of the State Treasurer Act [15 ILCS 505/17.1] and Section 5-15 of the Illinois Administrative Procedure Act [5 ILCS 100/5-15].

SOURCE: Adopted at 8 Ill. Reg. 13427, effective July 16, 1984; amended at 22 Ill. Reg. 15626, effective August 24, 1988; old Part repealed at 36 Ill. Reg. 3259 and new Part adopted at 36 Ill. Reg. 3261, effective February 15, 2012; amended at 46 Ill. Reg. 1635, effective January 7, 2022.

SUBPART A: INTRODUCTION

 

Section 651.110  Summary and Purpose

 

a)         This Part states the policy of Office of the Illinois State Treasurer (Office of the Treasurer) for making its records available for reasonable public inspection while, at the same time, protecting legitimate interests in confidentiality.

 

b)         This Part:

 

1)         Establishes the following classifications for records in the Office of the Treasurer's possession:

 

A)        Records that shall be disclosed; and

 

B)        Records that shall be withheld from disclosure.

 

2)         Contains the procedures by which requesters may obtain records in the Office of the Treasurer's possession; and

 

3)         Contains the procedures for claiming and determining that records submitted to the Office of the Treasurer are exempt from disclosure.

 

Section 651.120  Definitions

 

Terms not defined in this Section shall have the same meaning as in the Freedom of Information Act [5 ILCS 140]. The following definitions are applicable for purposes of this Part:

 

"Act" means State Treasurer Act [15 ILCS 505].

 

"Commercial purpose" means the use of any part of a record or records, or information derived from records, in any form for sale, resale, or solicitation or advertisement for sales or services.  For purposes of this definition, requests made by news media and non-profit, scientific, or academic organizations shall not be considered to be made for a "commercial purpose" when the principal purpose of the request is:

 

to access and disseminate information concerning news and current or passing events;

 

for articles of opinion or features of interest to the public; or

 

for the purpose of academic, scientific, or public research or education.  (Section 2(c-10) of FOIA)

 

"Copying" means the reproduction of any record by means of any photographic, electronic, mechanical, or other process, device or means now known or hereafter developed and available to the Office of the Treasurer.  (Section 2(d) of FOIA)

 

"FOIA" means the Freedom of Information Act [5 ILCS 140].

 

"Freedom of Information Officer" or "FOIA Officer" means an individual or individuals responsible for receiving and responding to requests for public records.

 

"News media" means a newspaper or other periodical issued at regular intervals, news service in paper or electronic form, radio station, television station, television network, community antenna television service, or person or corporation engaged in making news reels or other motion picture news for public showing.  (Section 2(f) of FOIA)

 

"Office of the Treasurer" means the Office of the Illinois State Treasurer as established by the Act.

 

"Person" means any individual, corporation, partnership, firm, organization or association, acting individually or as a group.  (Section 2(b) of FOIA)

 

"Private information" means unique identifiers, including a person's Social Security number, driver's license number, employee identification number, biometric identifiers, personal financial information, passwords or other access codes, medical records, home or personal telephone numbers, and personal email addresses.  Private information also includes home address and personal license plates, except as otherwise provided by law or when compiled without possibility of attribution to any person.  (Section 2(c-5) of FOIA)

 

"Public Access Counselor" means an individual appointed to that office by the Attorney General under Section 7 of the Attorney General Act [15 ILCS 205].

 

"Public body" means all legislative, executive, administrative, or advisory bodies of the State, State universities and colleges, counties, townships, cities, villages, incorporated towns, school districts and all other municipal corporations, boards, bureaus, committees or commissions of this State, any subsidiary bodies of any of the foregoing, including but not limited to committees and subcommittees thereof, and a School Finance Authority created under Article 1E of the School Code [105 ILCS 5]. (Section 2(a) of FOIA)

 

"Records" means all records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaining to the transaction of public business, regardless of physical form or characteristics, having been prepared by or for, or having been or being used by, received by, in the possession of or under the control of the Office of the Treasurer.  (Section 2(c) of FOIA)

 

"Recurrent requester" as used in Section 3.2 of FOIA or Section 651.340, means a person that, in the 12 months immediately preceding the request, has submitted to the Office of the Treasurer:

 

a minimum of 50 requests for records;

 

a minimum of 15 requests for records within a 30-day period; or

 

a minimum of 7 requests for records within a 7-day period.

 

For purposes of this definition, requests made by news media and non-profit, scientific, or academic organizations shall not be considered in calculating the number of requests made in the time periods in this definition when the principal purpose of the requests is:

 

to access and disseminate information concerning news and current or passing events;

 

for articles of opinion or features of interest to the public; or

 

for the purpose of academic, scientific, or public research or education.

 

For the purposes of this definition, "request" means a written document (or oral request, if the Office of the Treasurer chooses to honor oral requests) that is submitted to the Office of the Treasurer via personal delivery, mail, telefax, electronic mail, or other means available to the Office of the Treasurer and that identifies the particular public record the requester seeks. One request may identify multiple records to be inspected or copied.  (Section 2(g) of FOIA)

 

"Requester" is any person who has submitted to the Office of the Treasurer a written request, electronically or on paper, for records.

 

"Treasurer" means the Illinois State Treasurer.

 

"Unwarranted invasion of personal privacy" means the disclosure of information that is highly personal or objectionable to a reasonable person and in which the subject's right to privacy outweighs any legitimate public interest in obtaining the information.  (Section 7(1)(c) of FOIA)

 

"Voluminous request" means a request that:

 

includes more than 5 individual requests for more than 5 different categories of records or a combination of individual requests that total requests for more than 5 different categories of records in a period of 20 business days; or

 

requires the compilation of more than 500 letter or legal-sized pages of public records unless a single requested record exceeds 500 pages.

 

"Single requested record" may include, but is not limited to, one report, form, e-mail, letter, memorandum, book, map, microfilm, tape, or recording.  

 

"Voluminous request" does not include a request made by news media and non-profit, scientific, or academic organizations if the principal purpose of the request is:

 

to access and disseminate information concerning news and current or passing events;

 

for articles of opinion or features of interest to the public; or

 

for the purpose of academic, scientific, or public research or education.

 

For the purposes of this definition, "request" means a written document, or oral request, if the Office of the Treasurer chooses to honor oral requests, that is submitted to the Office of the Treasurer via personal delivery, mail, telefax, electronic mail, or other means available to the Office of the Treasurer and that identifies the particular public record or records the requester seeks. One request may identify multiple individual records to be inspected or copied. (Section 2(h) of FOIA)

 

(Source:  Amended at 46 Ill. Reg. 1635, effective January 7, 2022)

SUBPART B: CLASSIFICATION OF RECORDS

 

Section 651.210  Records that Will Be Disclosed

 

Following a request meeting the requirements of this Part, the Office of the Treasurer shall disclose to the requester all records requested except that it shall not disclose certain records as provided in Section 651.220 or 651.230.  Records covered under this Section shall include, but are not limited to:

 

a)         Records of funds.  All records relating to the obligation, receipt and use of public funds of the Office of the Treasurer are records subject to inspection and copying by the public. (Section 2.5 of FOIA)

 

b)         Payrolls.  Certified payroll records submitted to the Office of the Treasurer under Section 5(a)(2) of the Prevailing Wage Act [820 ILCS 130] are records subject to inspection and copying in accordance with the provisions of FOIA; except that contractors' and employees' addresses, telephone numbers, and Social Security numbers will be redacted by the Office of the Treasurer prior to disclosure.  (Section 2.10 of FOIA)

 

c)         Criminal history records.  The following documents maintained by the Office of the Treasurer pertaining to criminal history record information are records subject to inspection and copying by the public pursuant to FOIA:

 

1)         Court records that are public;

 

2)         Records that are otherwise available under State or local law; and

 

3)         Records in which the requesting party is the individual identified, except as provided under Section 7(1)(d)(vi) of FOIA.  (Section 2.15(b) of FOIA)

 

d)         Settlement agreements.  All settlement agreements entered into by or on behalf of the Office of the Treasurer are records subject to inspection and copying by the public, provided that information exempt from disclosure under Section 7 of FOIA or Section 651.220 or 651.230 of this Part may be redacted.  (Section 2.20 of FOIA)

 

(Source:  Amended at 46 Ill. Reg. 1635, effective January 7, 2022)

 

Section 651.220  Records that May Be Withheld from Disclosure

 

When a request is made to inspect or copy a record that contains information that is otherwise exempt from disclosure under Section 7 of FOIA, but also contains information that is not exempt from disclosure, the Office of the Treasurer shall make the remaining information available for inspection and copying. (Section 7(1) of FOIA) 

 

a)         Records described in Section 7 of FOIA shall be exempt from inspection and copying, which includes the following:

 

1)         Confidential information obtained by the Office of the Treasurer from a Technology Business, as defined by the Technology Development Act [30 ILCS 265], consisting of trade secrets, commercial or financial information regarding the operation of the Technology Business or the competitive position of the Technology Business. 

 

2)         Information that  identifies the purchasers or qualified beneficiaries of any Illinois prepaid tuition contract or any terms or beneficiaries of any Illinois prepaid tuition contract or any terms or provisions of a contract as those terms and provisions relate to a particular purchaser or qualified beneficiary, or discloses any other matter relating to the participation of any purchaser or qualified beneficiary in the Illinois Bright Start program or in any independent plan under which that program is administered.

 

b)         A record that is not in the possession of the Office of the Treasurer but is in the possession of a party with whom the Office of the Treasurer has contracted to perform a governmental function on behalf of the Office of the Treasurer, and that directly relates to the governmental function and is not otherwise exempt under FOIA, shall be considered a record of the Office of the Treasurer for purposes of Subpart C.  (Section 7(2) of FOIA)

 

(Source:  Amended at 46 Ill. Reg. 1635, effective January 7, 2022)

 

Section 651.230  Statutory Exemptions

 

Certain records are exempt from inspection and copying under FOIA pursuant to Section 7.5 of FOIA.

 

(Source:  Amended at 46 Ill. Reg. 1635, effective January 7, 2022)

SUBPART C: PROCEDURES FOR REQUESTING RECORDS FROM THE OFFICE OF THE TREASURER

 

Section 651.310  Submittal of Requests for Records

 

a)         Any request for public records should be submitted in writing to the FOIA Officer at the Office of the Treasurer.

 

b)         The Office of the Treasurer has one FOIA Officer.

 

c)         Contact information for the FOIA Officer may be found online at https://illinoistreasurer.gov/foia.

 

d)                 FOIA requests may be submitted via mail, e-mail, fax, or hand delivery. 

 

1)         Requests via mail or hand delivery, should be addressed and forwarded as follows:

 

Office of the Illinois State Treasurer

ATTN:  FOIA Officer

1 East Old State Capitol Plaza

Springfield, Illinois 62701

 

2)         E-mailed requests should be sent to FOIA@illinoistreasurer.gov, contain the request in the body of the e-mail, and indicate in the subject line of the e-mail that it contains a FOIA request.

 

3)         Faxed FOIA requests should be faxed to (217) 785-8554, Attn: FOIA Officer.

 

(Source:  Amended at 46 Ill. Reg. 1635, effective January 7, 2022)

 

Section 651.320  Information To Be Provided in Requests for Records

 

A request for records should include:

 

a)         The complete name, mailing address and telephone number of the requester;

 

b)         As specific a description as possible of the records sought. Requests that the Office of the Treasurer considers unduly burdensome or categorical may be denied.  (See Section 3(g) of FOIA and Section 651.420 of this Part.);

 

c)         A statement as to the requested medium and format for the Office of the Treasurer to use in providing the records sought: for example, paper or electronic copies;

 

d)         A statement as to the requested manner for the Office of the Treasurer to use in providing the records sought:  for example, inspection at Office of the Treasurer headquarters or providing paper or electronic copies;

 

e)         A statement as to whether the requester needs certified copies of all or any portion of the records, including reference to the specific documents that require certification; and

 

f)         A statement as to whether the request is for a commercial purpose.

 

(Source:  Amended at 46 Ill. Reg. 1635, effective January 7, 2022)

 

Section 651.330  Requests for Records for Commercial Purposes

 

a)         It is a violation of FOIA for a person to knowingly obtain a record for a commercial purpose without disclosing that it is for a commercial purpose if requested to do so by the Office of the Treasurer.  (Section 3.1(c) of FOIA)

 

b)         The Office of the Treasurer shall respond to a request for records to be used for a commercial purpose within 21 working days after receipt.  The response shall:

 

1)         Provide to the requester an estimate of the time required by the Office of the Treasurer to provide the records requested and an estimate of the fees to be charged, which the Office of the Treasurer may require the person to pay in full before copying the requested documents;

 

2)         Deny the request pursuant to one or more of the exemptions set out in Section 651.220 or 651.230;

 

3)         Notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions; or

 

4)         Provide the records requested. (Section 3.1(a) of FOIA)

 

c)         Unless the records are exempt from disclosure, the Office of the Treasurer shall comply with a request within a reasonable period considering the size and complexity of the request, and giving priority to records requested for non-commercial purposes. (Section 3.1(b) of FOIA)

 

(Source:  Amended at 46 Ill. Reg. 1635, effective January 7, 2022)

 

Section 651.340  Recurrent Requesters

 

a)         Notwithstanding any provision of FOIA to the contrary, the Office of the Treasurer shall respond to a request from a recurrent requester, as defined in subsection (g) of Section 2 of FOIA or Section 651.120, within 21 business days after receipt. The response shall:

 

1)         Provide to the requester an estimate of the time required by the Office of the Treasurer to provide the records requested and an estimate of the fees to be charged, which the Office of the Treasurer may require the person to pay in full before copying the requested documents;

 

2)         Deny the request pursuant to one or more of the exemptions set out in Sections 7 and 7.5 of FOIA or Section 651.220 or 651.230 of this Part;

 

3)         Notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions; or

 

4)         Provide the records requested.  (Section 3.2(a) of FOIA)

 

b)         Within 5 business days after receiving a request from a recurrent requester, as defined in subsection (g) of Section 2 of FOIA or Section 651.120, the Office of the Treasurer shall notify the requester:

 

1)         that the Office of the Treasurer is treating the request as a request under subsection (g) of Section 2 of FOIA or Section 651.120;

 

2)         of the reasons why the Office of the Treasurer is treating the request as a request under subsection (g) of Section 2 of FOIA or Section 651.120; and

 

3)         that the Office of the Treasurer will send an initial response within 21 business days after receipt in accordance with subsection (a) of Section 3.2 of FOIA or Section 651.340. The public body shall also notify the requester of the proposed responses that can be asserted pursuant to subsection (a) of Section 3.2 of FOIA or Section 651.340.

 

c)         Unless the records are exempt from disclosure, the Office of the Treasurer shall comply with a request within a reasonable period considering the size and complexity of the request. (Section 3.2(c) of FOIA)

 

(Source:  Added at 46 Ill. Reg. 1635, effective January 7, 2022)

 

Section 651.350  Voluminous Requests

 

a)         Notwithstanding any provision of FOIA to the contrary, the Office of the Treasurer shall respond to a voluminous request within 5 business days after receipt. The response shall notify the requester:

 

1)         that the Office of the Treasurer is treating the request as a voluminous request;

 

2)         the reasons why the Office of the Treasurer is treating the request as a voluminous request;

 

3)         that the requester must respond to the Office of the Treasurer within 10 business days after the Office of the Treasurer’s response was sent and specify whether the requester would like to amend the request in such a way that the Office of the Treasurer will no longer treat the request as a voluminous request;

 

4)         that if the requester does not respond within 10 business days or if the request continues to be a voluminous request following the requester's response, the Office of the Treasurer will respond to the request and assess any fees the Office of the Treasurer charges pursuant to Section 651.520;

 

5)         that the Office of the Treasurer has 5 business days after receipt of the requester's response or 5 business days from the last day for the requester to amend his or her request, whichever is sooner, to respond to the request;

 

6)         that the Office of the Treasurer may request an additional 10 business days to comply with the request;

 

7)         of the requester's right to review of the Office of the Treasurer’s determination by the Public Access Counselor and provide the address and phone number for the Public Access Counselor;

 

8)         that if the requester fails to accept or collect the responsive records, the Office of the Treasurer may still charge the requester for its response pursuant to Section 6 of the Act and Section 651.520 of this Part and the requester's failure to pay will be considered a debt due and owing to the Office of the Treasurer and may be collected in accordance with applicable law.  (Section 3.6(a) of FOIA)

 

b)         The Office of the Treasurer shall provide a person making a voluminous request 10 business days from the date the Office of the Treasurer’s response pursuant to subsection (a) is sent to amend the request in such a way that the Office of the Treasurer will no longer treat the request as a voluminous request.

 

c)         If a request continues to be a voluminous request following the requester's response under subsection (b) of Section 3.6(b) of the Act or the requester fails to respond, the Office of the Treasurer shall respond within the earlier of 5 business days after it receives the response from the requester or 5 business days after the final day for the requester to respond to the Office of the Treasurer’s notification under this subsection. The response shall:

 

1)         Provide an estimate of the fees to be charged, which the Office of the Treasurer may require the person to pay in full before copying the requested documents;

 

2)         Deny the request pursuant to one or more of the exemptions set out in Sections 7 and 7.5 of FOIA or this Part;

 

3)         Notify the requester that the request is unduly burdensome and extend an opportunity to the requester to attempt to reduce the request to manageable proportions; or

 

4)         Provide the records requested.

 

d)         The time for response by the Office of the Treasurer under subsection (c) may be extended by the Office of the Treasurer for not more than 10 business days from the final day for the requester to respond to the Office of the Treasurer’s notification under subsection (c) of this Section for any of the reasons provided in subsection (e) of Section 3 of FOIA or Section 651.410(b). The requester and the Office of the Treasurer may agree in writing to extend the time for compliance for a period to be determined by the parties. If the requester and the Office of the Treasurer agree to extend the period for compliance, a failure by the Office of the Treasurer to comply with any previous deadlines shall not be treated as a denial of the request for the records.

 

e)         If a requester does not pay a fee charged pursuant to Section 651.520 for a voluminous request, the debt shall be considered a debt due and owing to the Office of the Treasurer and may be collected in accordance with applicable law. This fee may be charged by the Office of the Treasurer even if the requester fails to accept or collect records the Office of the Treasurer has prepared in response to a voluminous request. (Section 3.6(e) of FOIA)

 

(Source:  Added at 46 Ill. Reg. 1635, effective January 7, 2022)

SUBPART D: RESPONSE TO REQUESTS FOR RECORDS

 

Section 651.410  Timeline for Response

 

a)         Except as stated in subsection (b) or (c), the Office of the Treasurer will respond to any written request for records within 5 business days after its receipt of the request. Failure to comply with a written request, extend the time for response, or deny a request within 5 business days after its receipt shall be considered a denial of the request.  If the Office of the Treasurer fails to respond to a request within the requisite periods in this subsection (a) but thereafter provides the requester with copies of the requested records, it will not impose a fee for such copies.  If the Office of the Treasurer fails to respond to a request received, it will not treat the request as unduly burdensome as provided under Section 651.420.  (Section 3(d) of FOIA)  A written request from the Office of the Treasurer to provide additional information shall be considered a response to the FOIA request.

 

b)         The time limits prescribed in subsection (a) may be extended for not more than 5 business days from the original due date for any of the following reasons:

 

1)         The requested records are stored in whole or in part at locations other than the office having charge of the requested records;

 

2)         The request requires the collection of a substantial number of specified records;

 

3)         The request is couched in categorical terms and requires an extensive search for the records responsive to it;

 

4)         The requested records have not been located in the course of routine search and additional efforts are being made to locate them;

 

5)         The requested records require examination and evaluation by personnel having the necessary competence and discretion to determine if they are exempt from disclosure under Section 7 or 7.5 of FOIA or should be revealed only with appropriate deletions;

 

6)         The request for records cannot be complied with by the Office of the Treasurer within the time limits prescribed by subsection (a) without unduly burdening or interfering with the operations of the Office of the Treasurer; or

 

7)         There is a need for consultation, which shall be conducted with all practicable speed, with another public body or among two or more components of a public body having a substantial interest in the determination or in the subject matter of the request.  (Section 3(e) of FOIA)

 

c)         The person making a request and the Office of the Treasurer may agree in writing to extend the time for compliance for a period to be determined by the parties.  If the requester and the Office of the Treasurer agree to extend the period for compliance, a failure by the Office of the Treasurer to comply with any previous deadlines shall not be treated as a denial of the request for the records.  (Section 3(e) of FOIA)

 

d)         When additional time is required for any of the reasons set forth in subsection (b), the Office of the Treasurer will, within 5 business days after receipt of the request, notify the person making the request of the reasons for the extension and the date by which the response will be forthcoming.  Failure to respond within the time permitted for extension shall be considered a denial of the request.  If the Office of the Treasurer fails to respond to a request within the time permitted for extension but thereafter provides the requester with copies of the requested public records, it may not impose a fee for those copies.  If the Office of the Treasurer issues an extension and subsequently fails to respond to the request, it will not treat the request as unduly burdensome under Section 651.420.  (Section 3(f) of FOIA)

 

(Source:  Amended at 46 Ill. Reg. 1635, effective January 7, 2022)

 

Section 651.420  Requests for Records that the Office of the Treasurer Considers Unduly Burdensome

 

a)         The Office of the Treasurer will fulfill requests calling for all records falling within a category unless compliance with the request would unduly burden the Office of the Treasurer, there is no way to narrow the request, and the burden on the Office of the Treasurer outweighs the public interest in the information.  Before invoking this exemption, the Office of the Treasurer will extend to the requester an opportunity to confer with it in an attempt to reduce the request to manageable proportions.  (Section 3(g) of FOIA)  The amended request must be in writing.

 

b)         If the Office of the Treasurer determines that a request is unduly burdensome, it shall do so in writing, specifying the reasons why it would be unduly burdensome and the extent to which compliance will so burden the operations of the Office of the Treasurer. Such a response shall be treated as a denial of the request for information.  (Section 3(g) of FOIA)

 

c)         Repeated requests for records that are unchanged or identical to records previously provided or properly denied under this Part from the same person shall be deemed unduly burdensome. (Section 3(g) of FOIA)

 

Section 651.430  Requests for Records that Require Electronic Retrieval

 

a)         A request for records that requires electronic retrieval will be treated the same as any other request for records, with the same timeline and extensions as allowed for other records.

 

b)         The Office of the Treasurer will retrieve and provide electronic records only in a format and medium that is available to the Office of the Treasurer.

 

Section 651.440  Denials of Requests for Records

 

a)         The Office of the Treasurer will deny requests for records when:

 

1)         Compliance with the request would unduly burden the Office of the Treasurer, as determined pursuant to Section 651.420, and the requester has not reduced the request to manageable proportions; or

 

2)         The records are exempt from disclosure pursuant to Section 7 or 7.5 of FOIA or Section 651.220 or 651.230 of this Part.

 

b)         The denial of a request for records must be in writing. 

 

1)         The notification shall include a description of the records denied; the reason for the denial, including a detailed factual basis for the application of any exemption claimed; and the names and titles or positions of each person responsible for the denial (Section 9(a) of FOIA);

 

2)         Each notice of denial shall also inform such person of the right to review by the Public Access Counselor and provide the address and phone number for the Public Access Counselor (Section 9(a) of FOIA); and

 

3)         When a request for records is denied on the grounds that the records are exempt under Section 7 or 7.5 of FOIA, the notice of denial shall specify the exemption claimed to authorize the denial and the specific reasons for the denial, including a detailed factual basis and a citation to the supporting legal authority (Section 9(b) of FOIA).  

 

c)         A requester may treat the Office of the Treasurer's failure to respond to a request for records within 5 business days after receipt of the written request as a denial for purposes of the right to review by the Public Access Counselor.

 

d)         If the Office of the Treasurer has given written notice pursuant to Section 651.410(d), failure to respond to a written request within the time permitted for extension may be treated as a denial for purposes of the right to review by the Public Access Counselor.

 

e)         Any person making a request for records shall be deemed to have exhausted his or her administrative remedies with respect to that request if the Office of the Treasurer fails to act within the time periods provided in Section 651.410.  (Section 9(c) of FOIA)

 

(Source:  Amended at 46 Ill. Reg. 1635, effective January 7, 2022)

 

Section 651.450  Requests for Review of Denials − Public Access Counselor

 

a)         A person whose request to inspect or copy a record is denied by the Office of the Treasurer may file a request for review with the Public Access Counselor established in the Office of the Attorney General not later than 60 days after the date of the final denial. (Section 9.5(a) of FOIA)

 

b)         A person whose request to inspect or copy a public record is made for a commercial purpose as defined in subsection (c-10) of Section 2 of FOIA or Section 651.120 may not file a request for review with the Public Access Counselor. A person whose request to inspect or copy a public record was treated by the public body as a request for a commercial purpose under Section 3.1 of FOIA or Section 651.330 may file a request for review with the Public Access Counselor for the limited purpose of reviewing whether the public body properly determined that the request was made for a commercial purpose. (Section 9.5(b) of FOIA)

 

c)         Within 7 business days after the Office of the Treasurer receives a request for review from the Public Access Counselor, the Office of the Treasurer shall provide copies of records requested and shall otherwise fully cooperate with the Public Access Counselor. (Section 9.5(c) of FOIA)

 

d)         Within 7 business days after it receives a copy of a request for review and request for production of records from the Public Access Counselor, the Office of the Treasurer may, but is not required to, answer the allegations of the request for review.  The answer may take the form of a letter, brief, or memorandum.  The Public Access Counselor shall forward a copy of the answer to the person submitting the request for review, with any alleged confidential information to which the request pertains redacted from the copy. (Section 9.5(d) of FOIA)

 

e)         The requester may, but is not required to, respond in writing to the answer within 7 business days and shall provide a copy of the response to the Office of the Treasurer. (Section 9.5(d) of FOIA)

 

f)         In addition to the request for review, and the answer and response thereto, if any, a requester or the Office of the Treasurer may furnish affidavits or records concerning any matter germane to the review. (Section 9.5(e) of FOIA)

 

g)         A binding opinion from the Attorney General shall be binding upon both the requester and the Office of the Treasurer, subject to administrative review under Section 651.470. (Section 9.5(f) of FOIA)

 

h)         If the Attorney General decides to exercise his or her discretion to resolve a request for review by mediation or by a means other than issuance of a binding opinion, the decision not to issue a binding opinion shall not be reviewable. (Section 9.5(f) of FOIA)

 

i)          Upon receipt of a binding opinion concluding that a violation of FOIA has occurred, the Office of the Treasurer shall either take necessary action immediately to comply with the directive of the opinion or shall initiate administrative review under Section 651.470.  If the opinion concludes that no violation of FOIA has occurred, the requester may initiate administrative review under Section 651.470. (Section 9.5(f) of FOIA)

 

j)          If the Office of the Treasurer discloses records in accordance with an opinion of the Attorney General, the Office of the Treasurer is immune from all liabilities by reason thereof and shall not be liable for penalties under FOIA. (Section 9.5(f) of FOIA)

 

k)         If the requester files suit under Section 651.460 with respect to the same denial that is the subject of a pending request for review, the requester shall notify the Public Access Counselor, and the Public Access Counselor shall so notify the Office of the Treasurer. (Section 9.5(g) of FOIA)

 

l)          The Attorney General may also issue advisory opinions to the Office of the Treasurer regarding compliance with FOIA.  A review may be initiated upon receipt of a written request from the Treasurer or the Office of the Treasurer's General Counsel, which shall contain sufficient accurate facts from which a determination can be made.  The Public Access Counselor may request additional information from the Office of the Treasurer in order to assist in the review.  If the Office of the Treasurer relies in good faith on an advisory opinion of the Attorney General in responding to a request, the Office of the Treasurer is not liable for penalties under FOIA, so long as the facts upon which the opinion is based have been fully and fairly disclosed to the Public Access Counselor.  (Section 9.5(h) of FOIA)

 

m)        A person whose request to inspect or copy a public record was treated by the Office of the Treasurer as a voluminous request under Section 3.6 of FOIA or Section 651.350 of this Part may file a request for review with the Public Access Counselor for the purpose of reviewing whether the public body properly determined that the request was a voluminous request.  (Section 9.5(b-5) of FOIA)

 

(Source:  Amended at 46 Ill. Reg. 1635, effective January 7, 2022)

 

Section 651.460  Circuit Court Review

 

A requester also has the right to file suit for injunctive or declaratory relief in the Circuit Court for Sangamon County or for the county in which the requester resides, in accordance with the procedures set forth in Section 11 of FOIA. 

 

Section 651.470  Administrative Review

 

A binding opinion issued by the Attorney General shall be considered a final decision of an administrative agency, for purposes of administrative review under the Administrative Review Law [735 ILCS 5/Art. III].  An action for administrative review of a binding opinion of the Attorney General shall be commenced in Cook County or Sangamon County.  An advisory opinion issued to the Office of the Treasurer shall not be considered a final decision of the Attorney General for purposes of this Section.  (Section 11.5 of FOIA)

 

Section 651.480  Records Maintained Online

 

a)         Notwithstanding any provision of FOIA or this Part to the contrary, the Office of the Treasurer is not required to copy a public record that is published on the Office of the Treasurer’s website. The Office of the Treasurer shall notify the requester that the public record is available online and direct the requester to the website where the record can be reasonably accessed. (Section 8.5(a) of FOIA)

 

b)         If the person requesting the public record is unable to reasonably access the record online after being directed to the website pursuant to Section 8.5(2) of FOIA, the requester may re-submit his or her request for the record stating his or her inability to reasonably access the record online, and the Office of the Treasurer shall make the requested record available for inspection or copying as provided in Section 3 of FOIA. (Section 8.5(b) of FOIA)

 

(Source:  Added at 46 Ill. Reg. 1635, effective January 7, 2022)

SUBPART E: PROCEDURES FOR PROVIDING RECORDS TO REQUESTERS

 

Section 651.503  General Materials Available from the Freedom of Information Officer

 

The Freedom of Information Officer shall make available to the public at no charge the following materials:

 

a)         A brief description of the organizational structure and budget of the Office of the State Treasurer;

 

b)         A brief description of the means for requesting information and public records; and

 

c)         A list of types and categories of public records maintained by the Office of the State Treasurer.

 

Section 651.510  Inspection of Records

 

a)         The Office of the Treasurer may make available records for personal inspection at the Office of the Treasurer's headquarters located at One East Old State Capitol Plaza, Springfield, Illinois 62701, or at another location agreed to by both the Office of the Treasurer and the requester.  No original record shall be removed from State-controlled premises except under constant supervision of the agency responsible for maintaining the record. The Office of the Treasurer may provide records in duplicate forms, including, but not limited to, paper copies, data processing printouts, videotape, microfilm, audio tape, reel to reel microfilm, photographs, computer disks and diazo.

 

b)         When a person requests a copy of a record maintained in an electronic format, the Office of the Treasurer shall furnish it in the electronic format specified by the requester, if feasible.  If it is not feasible to furnish the records in the specified electronic format, then the Office of the Treasurer shall furnish it in the format in which it is maintained by the Office of the Treasurer, or in paper format at the option of the requester.  (Section 6(a) of FOIA)

 

c)         A requester may inspect records by appointment only, scheduled subject to space availability. The Office of the Treasurer will schedule inspection appointments to take place during normal business hours, which are 8:30 a.m. to 5:00 p.m. Monday through Friday, exclusive of State holidays. If the requester must cancel the viewing appointment, the requester shall so inform the Office of the Treasurer as soon as possible before the appointment.

 

d)         In order to maintain routine Office of the Treasurer operations, the requester may be asked to leave the inspection area for a specified period of time.

 

e)         The requester will have access only to the designated inspection area.

 

f)         Requesters shall not be permitted to take briefcases, folders or similar materials into the room where the inspection takes place.  An Office of the Treasurer employee may be present during the inspection.

 

g)         The requester shall segregate and identify the documents to be copied during the course of the inspection. 

 

(Source:  Amended at 46 Ill. Reg. 1635, effective January 7, 2022)

 

Section 651.520  Copying of Records; Fees

 

a)         In accordance with Section 651.530, unless a fee is otherwise fixed by statute, the Office of the Treasurer will provide copies of records and certifications of records in accordance with the fee schedule set forth in Appendix A.

 

b)         In calculating its actual cost for reproducing records or for the use of the equipment of the Office of the Treasurer to reproduce records, the Office of the Treasurer will not include the costs of any search for and review of the records or other personnel costs associated with reproducing the records, except for commercial requests as provided in Section 6(f) of FOIA or Section 651.520(f). (Section 6(b) of FOIA)

 

c)         In order to expedite the copying of records that the Office of the Treasurer cannot copy, due to the volume of the request or the operational needs of the Office of the Treasurer, in the timelines established in Section 651. 410, the requester may provide, at the requester's expense, the copy machine, all necessary materials, and the labor to copy the public records at the Office of the Treasurer headquarters in Section 651. 510, or at another location agreed to by both the Office of the Treasurer and the requester. No original record shall be removed from State-controlled premises except under constant supervision of the agency responsible for maintaining the record.

 

d)         Copies of records will be provided to the requester only upon payment of any fees due.  The Office of the Treasurer may charge the requester for the actual cost of purchasing the recording medium, whether disc, diskette, tape, or other medium, but the Office of the Treasurer will not charge the requester for the costs of any search for and review of the records or other personnel costs associated with reproducing the records, except for commercial requests as provided in Section 6(f) of FOIA or Section 651.520(f).  (Section 6(a) of FOIA) Payment must be by check or money order sent to the Office of the Treasurer, payable to "Treasurer, State of Illinois".

 

e)         If a contractor is used to inspect or copy records, the following procedures shall apply:

 

1)         The requester, rather than the Office of the Treasurer, must contract with the contractor;

 

2)         The requester is responsible for all fees charged by the contractor;

 

3)         The requester must notify the Office of the Treasurer of the contractor to be used prior to the scheduled on-site inspection or copying;

 

4)         Only Office of the Treasurer personnel may provide records to the contractor;

 

5)         The Office of the Treasurer must have verification that the requester has paid the Office of the Treasurer, if payment is due, for the copying of the records before providing the records to the contractor; and

 

6)         The requester must provide to the Office of the Treasurer the contractor's written agreement to hold the records secure and to copy the records only for the purpose stated by the requester.

 

f)         The Office of the Treasurer may charge up to $10 for each hour spent by personnel in searching for and retrieving a requested record or examining the record for necessary redactions. No fees shall be charged for the first 8 hours spent by personnel in searching for or retrieving a requested record. The Office of the Treasurer may charge the actual cost of retrieving and transporting public records from an off-site storage facility when the public records are maintained by a third-party storage company under contract with the Office of the Treasurer. If the Office of the Treasurer imposes a fee pursuant to Section 6(f) of FOIA or Section 651.520(f), it must provide the requester with an accounting of all fees, costs, and personnel hours in connection with the request for public records. The provisions of this subsection (f) apply only to commercial requests. (Section 6(f) of FOIA)

 

g)         If a voluminous request is for electronic records and those records are not in a portable document format (PDF), the Office of the Treasurer may charge up to $20 for not more than 2 megabytes of data, up to $40 for more than 2 but not more than 4 megabytes of data, and up to $100 for more than 4 megabytes of data. If a voluminous request is for electronic records and those records are in a portable document format, the Office of the Treasurer may charge up to $20 for not more than 80 megabytes of data, up to $40 for more than 80 megabytes but not more than 160 megabytes of data, and up to $100 for more than 160 megabytes of data. If the responsive electronic records are in both a portable document format and not in a portable document format, the Office of the Treasurer may separate the fees and charge the requester under both fee scales.

If the Office of the Treasurer imposes a fee pursuant to this subsection (g), it must provide the requester with an accounting of all fees, costs, and personnel hours in connection with the request for public records. (Section 6(a-5) of FOIA)

 

(Source:  Amended at 46 Ill. Reg. 1635, effective January 7, 2022)

 

Section 651.530  Reduction and Waiver of Fees

 

a)         Fees may be reduced or waived by the Office of the Treasurer if the requester states the specific purpose for the request and indicates that a waiver or reduction of the fee is in the public interest.  In making this determination, the Office of the Treasurer will consider the following:

 

1)         Whether the principal purpose of the request is to disseminate information regarding the health, safety, welfare or legal rights of the general public; and

 

2)         Whether the principal purpose of the request is personal or commercial benefit.  For purposes of this subsection (a), "commercial benefit" shall not apply to requests made by news media when the principal purpose of the request is to access and disseminate information regarding the health, safety, welfare or legal rights of the general public.  (Section 6(c) of FOIA)

 

b)         The Office of the Treasurer will provide copies of records without charge to federal, State and municipal agencies, Constitutional officers and members of the General Assembly, and not-for-profit organizations providing evidence of good standing with the Secretary of State's Office.

 

c)         Except to the extent that the General Assembly expressly provides, statutory fees applicable to copies of records when furnished in a paper format will not be applicable to those records when furnished to a requester in an electronic format.  (Section 6(a) of FOIA)




Section 651.APPENDIX A   Fee Schedule for Duplication and Certification of Records

 

 

TYPE OF DUPLICATION		FEE (PER COPY)
Paper copy from original, up to and including 50 copies of black and white, letter or legal sized copies		No charge
Paper copy from original, in excess of 50 copies of black and white, letter or legal sized copies		$.15/page
Paper copy from microfilm original		$.15/page
Microfilm diazo from original		$.50/diazo
VHS video copy of tape		Actual cost of the reproduction
Audio tape copy of tape		Actual cost of the reproduction
CD ROM disk		Actual cost of the reproduction
Photograph from negative		Actual cost of the reproduction
Blueprints/oversized prints		Actual cost of the reproduction
Paper copies in color or in a size other than letter or legal		Actual cost of the reproduction
Certification fee		$1.00/record