Bill Amendment: IL HB4444 | 2025-2026 | 104th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: FREEDOM OF INFORMATION ACT-FEE
Status: 2026-03-27 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB4444 Detail]
Download: Illinois-2025-HB4444-House_Amendment_001.html
Bill Title: FREEDOM OF INFORMATION ACT-FEE
Status: 2026-03-27 - House Committee Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB4444 Detail]
Download: Illinois-2025-HB4444-House_Amendment_001.html
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| 1 | AMENDMENT TO HOUSE BILL 4444 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 4444 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 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 | ||||||
| 13 | furnish it in the format in which it is maintained by the | ||||||
| 14 | public body, or in paper format at the option of the requester. | ||||||
| 15 | A public body may charge the requester for the actual cost of | ||||||
| 16 | purchasing the recording medium, whether disc, diskette, tape, | ||||||
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| 1 | or other medium. If a request is not a request for a commercial | ||||||
| 2 | purpose or a voluminous request, a public body may not charge | ||||||
| 3 | the requester for the costs of any search for and review of the | ||||||
| 4 | records or other personnel costs associated with reproducing | ||||||
| 5 | the records. Except to the extent that the General Assembly | ||||||
| 6 | expressly provides, statutory fees applicable to copies of | ||||||
| 7 | public records when furnished in a paper format shall not be | ||||||
| 8 | applicable to those records when furnished in an electronic | ||||||
| 9 | format. | ||||||
| 10 | (a-5) If a voluminous request is for electronic records | ||||||
| 11 | and those records are not in a portable document format (PDF), | ||||||
| 12 | the public body may charge up to $20 for not more than 2 | ||||||
| 13 | megabytes of data, up to $40 for more than 2 but not more than | ||||||
| 14 | 4 megabytes of data, and up to $100 for more than 4 megabytes | ||||||
| 15 | of data. If a voluminous request is for electronic records and | ||||||
| 16 | those records are in a portable document format, the public | ||||||
| 17 | body may charge up to $20 for not more than 80 megabytes of | ||||||
| 18 | data, up to $40 for more than 80 megabytes but not more than | ||||||
| 19 | 160 megabytes of data, and up to $100 for more than 160 | ||||||
| 20 | megabytes of data. If the responsive electronic records are in | ||||||
| 21 | both a portable document format and not in a portable document | ||||||
| 22 | format, the public body may separate the fees and charge the | ||||||
| 23 | requester under both fee scales. | ||||||
| 24 | If a public body imposes a fee pursuant to this subsection | ||||||
| 25 | (a-5), it must provide the requester with an accounting of all | ||||||
| 26 | fees, costs, and personnel hours in connection with the | ||||||
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| 1 | request for public records. | ||||||
| 2 | (b) Except when a fee is otherwise fixed by statute, each | ||||||
| 3 | public body may charge fees reasonably calculated to reimburse | ||||||
| 4 | its actual cost for reproducing and certifying public records | ||||||
| 5 | and for the use, by any person, of the equipment of the public | ||||||
| 6 | body to copy records. No fees shall be charged for the first 50 | ||||||
| 7 | pages of black and white, letter or legal sized copies | ||||||
| 8 | requested by a requester. The fee for black and white, letter | ||||||
| 9 | or legal sized copies shall not exceed 15 cents per page. If a | ||||||
| 10 | public body provides copies in color or in a size other than | ||||||
| 11 | letter or legal, the public body may not charge more than its | ||||||
| 12 | actual cost for reproducing the records. In calculating its | ||||||
| 13 | actual cost for reproducing records or for the use of the | ||||||
| 14 | equipment of the public body to reproduce records, a public | ||||||
| 15 | body shall not include the costs of any search for and review | ||||||
| 16 | of the records or other personnel costs associated with | ||||||
| 17 | reproducing the records, except for commercial requests as | ||||||
| 18 | provided in subsection (f) of this Section. Such fees shall be | ||||||
| 19 | imposed according to a standard scale of fees, established and | ||||||
| 20 | made public by the body imposing them. The cost for certifying | ||||||
| 21 | a record shall not exceed $1. | ||||||
| 22 | (c) Documents shall be furnished without charge or at a | ||||||
| 23 | reduced charge, as determined by the public body, if the | ||||||
| 24 | person requesting the documents states the specific purpose | ||||||
| 25 | for the request and indicates that a waiver or reduction of the | ||||||
| 26 | fee is in the public interest. Waiver or reduction of the fee | ||||||
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| 1 | is in the public interest if the principal purpose of the | ||||||
| 2 | request is to access and disseminate information regarding the | ||||||
| 3 | health, safety and welfare or the legal rights of the general | ||||||
| 4 | public and is not for the principal purpose of personal or | ||||||
| 5 | commercial benefit. For purposes of this subsection, | ||||||
| 6 | "commercial benefit" shall not apply to requests made by news | ||||||
| 7 | media when the principal purpose of the request is to access | ||||||
| 8 | and disseminate information regarding the health, safety, and | ||||||
| 9 | welfare or the legal rights of the general public. In setting | ||||||
| 10 | the amount of the waiver or reduction, the public body may take | ||||||
| 11 | into consideration the amount of materials requested and the | ||||||
| 12 | cost of copying them. | ||||||
| 13 | (d) The imposition of a fee not consistent with | ||||||
| 14 | subsections (6)(a) and (b) of this Act constitutes a denial of | ||||||
| 15 | access to public records for the purposes of judicial review. | ||||||
| 16 | (e) The fee for each abstract of a driver's record shall be | ||||||
| 17 | as provided in Section 6-118 of "The Illinois Vehicle Code", | ||||||
| 18 | approved September 29, 1969, as amended, whether furnished as | ||||||
| 19 | a paper copy or as an electronic copy. | ||||||
| 20 | (f) A public body may charge the actual cost up to $10 for | ||||||
| 21 | each hour spent by personnel in searching for and retrieving a | ||||||
| 22 | requested record or examining the record for necessary | ||||||
| 23 | redactions. No fees shall be charged for the first 2 8 hours | ||||||
| 24 | spent by personnel in searching for or retrieving a requested | ||||||
| 25 | record. A public body may charge the actual cost of retrieving | ||||||
| 26 | and transporting public records from an off-site storage | ||||||
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| 1 | facility when the public records are maintained by a | ||||||
| 2 | third-party storage company under contract with the public | ||||||
| 3 | body. If a public body imposes a fee pursuant to this | ||||||
| 4 | subsection (f), it must provide the requester with an | ||||||
| 5 | accounting of all fees, costs, and personnel hours in | ||||||
| 6 | connection with the request for public records. The provisions | ||||||
| 7 | of this subsection (f) apply only to commercial requests. | ||||||
| 8 | (Source: P.A. 97-579, eff. 8-26-11; 98-1129, eff. 12-3-14.)". | ||||||
