Full Text of HB1716 97th General Assembly
HB1716 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1716 Introduced , by Rep. Jim Durkin SYNOPSIS AS INTRODUCED: |
| 5 ILCS 140/6 | from Ch. 116, par. 206 |
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Amends the Freedom of Information Act. Authorizes a public body to charge a records requester for the actual cost of retrieving and transporting public records from an off-site storage facility when the those records are maintained by a third-party storage company that is under contract with that public body. Effective immediately.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Freedom of Information Act is amended by | 5 | | changing Section 6 as follows:
| 6 | | (5 ILCS 140/6) (from Ch. 116, par. 206)
| 7 | | Sec. 6. Authority to charge fees.
| 8 | | (a) When a person requests a copy of a record maintained in | 9 | | an electronic format, the public body shall furnish it in the | 10 | | electronic format specified by the requester, if feasible. If | 11 | | it is not feasible to furnish the public records in the | 12 | | specified electronic format, then the public body shall furnish | 13 | | it in the format in which it is maintained by the public body, | 14 | | or in paper format at the option of the requester. A public | 15 | | body may charge the requester for the actual cost of purchasing | 16 | | the recording medium, whether disc, diskette, tape, or other | 17 | | medium. In addition, a public body may charge the actual cost | 18 | | of retrieving and transporting public records from an off-site | 19 | | storage facility when the public records are maintained by a | 20 | | third-party storage company under contract with the public | 21 | | body. A public body may not charge the requester for the costs | 22 | | of any search for and review of the records or other personnel | 23 | | costs associated with reproducing the records. Except to the |
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| 1 | | extent that the General Assembly expressly provides, statutory | 2 | | fees applicable to copies of public records when furnished in a | 3 | | paper format shall not be applicable to those records when | 4 | | furnished in an electronic format. | 5 | | (b) Except when a fee is otherwise fixed by statute, each | 6 | | public body may charge fees
reasonably
calculated to
reimburse
| 7 | | its actual cost for reproducing and certifying public records | 8 | | and for the
use, by any person, of the equipment of the public | 9 | | body to copy records. No fees shall be charged for the first 50 | 10 | | pages of black and white, letter or legal sized copies | 11 | | requested by a requester. The fee for black and white, letter | 12 | | or legal sized copies shall not exceed 15 cents per page. If a | 13 | | public body provides copies in color or in a size other than | 14 | | letter or legal, the public body may not charge more than its | 15 | | actual cost for reproducing the records.
In calculating its | 16 | | actual cost for reproducing records or for the use of the | 17 | | equipment of the public body to reproduce records, a public | 18 | | body shall not include the costs of any search for and review | 19 | | of the records or other personnel costs associated with | 20 | | reproducing the records. Such fees shall be imposed
according | 21 | | to a standard scale of fees, established and made public by the
| 22 | | body imposing them. The cost for certifying a record shall not | 23 | | exceed $1.
| 24 | | (c) Documents shall be furnished without charge or at a | 25 | | reduced
charge, as determined by the public body, if the person | 26 | | requesting the
documents states the specific purpose for the |
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| 1 | | request and indicates that a
waiver or reduction of the fee is | 2 | | in the public interest. Waiver or
reduction of the fee is in | 3 | | the public interest if the principal purpose of
the request is | 4 | | to access and disseminate information regarding the health,
| 5 | | safety and welfare or the legal rights of the general public | 6 | | and is not for
the principal purpose of personal or commercial | 7 | | benefit.
For purposes of this subsection, "commercial benefit" | 8 | | shall not apply to
requests
made by news media when the | 9 | | principal purpose of the request is to access and
disseminate | 10 | | information regarding the health, safety, and welfare or the | 11 | | legal
rights of the general public.
In setting the
amount of | 12 | | the waiver or reduction, the public body may take into
| 13 | | consideration the amount of materials requested and the cost of | 14 | | copying
them.
| 15 | | (d) The imposition of a fee not consistent with subsections
| 16 | | (6)(a) and (b) of this Act constitutes a denial of access to | 17 | | public
records for the purposes of judicial review.
| 18 | | (e) The fee for each abstract of a driver's record shall be | 19 | | as provided
in Section 6-118 of "The Illinois Vehicle Code", | 20 | | approved September 29,
1969, as amended, whether furnished as a | 21 | | paper copy or as an electronic copy.
| 22 | | (Source: P.A. 96-542, eff. 1-1-10; 96-1000, eff. 7-2-10.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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