ILCS » Chapter 5 · Act 140
Illinois Compiled Statutes

5 ILCS 140/6 (2026)

Authority to charge fees

✓ current as of May 2026
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(5 ILCS 140/6) (from Ch. 116, par. 206)
    Sec. 6. Authority to charge fees.
    (a) When a person requests a copy of a record maintained in an electronic format, the public body shall furnish it in the electronic format specified by the requester, if feasible. If it is not feasible to furnish the public records in the specified electronic format, then the public body shall furnish it in the format in which it is maintained by the public body, or in paper format at the option of the requester. A public body may charge the requester for the actual cost of purchasing the recording medium, whether disc, diskette, tape, or other medium. If a request is not a request for a commercial purpose or a voluminous request, a public body may 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 to the extent that the General Assembly expressly provides, statutory fees applicable to copies of public records when furnished in a paper format shall not be applicable to those records when furnished in an electronic format.
    (a-5) If a voluminous request is for electronic records and those records are not in a portable document format (PDF), the public body 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 public body 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 public body may separate the fees and charge the requester under both fee scales.
    If a public body imposes a fee pursuant to this subsection (a-5), it must provide the requester with an accounting of all fees, costs, and personnel hours in connection with the request for public records.
    (b) Except when a fee is otherwise fixed by statute, each public body may charge fees reasonably calculated to reimburse its actual cost for reproducing and certifying public records and for the use, by any person, of the equipment of the public body to copy records. No fees shall be charged for the first 50 pages of black and white, letter or legal sized copies requested by a requester. The fee for black and white, letter or legal sized copies shall not exceed 15 cents per page. If a public body provides copies in color or in a size other than letter or legal, the public body may not charge more than its actual cost for reproducing the records. In calculating its actual cost for reproducing records or for the use of the equipment of the public body to reproduce records, a public body shall 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 subsection (f) of this Section. Such fees shall be imposed according to a standard scale of fees, established and made public by the body imposing them. The cost for certifying a record shall not exceed $1.
    (c) Documents shall be furnished without charge or at a reduced charge, as determined by the public body, if the person requesting the documents states the specific purpose for the request and indicates that a waiver or reduction of the fee is in the public interest. Waiver or reduction of the fee is in the public interest if the principal purpose of the request is to access and disseminate information regarding the health, safety and welfare or the legal rights of the general public and is not for the principal purpose of personal or commercial benefit. For purposes of this subsection, "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, and welfare or the legal rights of the general public. In setting the amount of the waiver or reduction, the public body may take into consideration the amount of materials requested and the cost of copying them.
    (d) The imposition of a fee not consistent with subsections (6)(a) and (b) of this Act constitutes a denial of access to public records for the purposes of judicial review.
    (e) The fee for each abstract of a driver's record shall be as provided in Section 6-118 of "The Illinois Vehicle Code", approved September 29, 1969, as amended, whether furnished as a paper copy or as an electronic copy.
    (f) A public body 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. A public body 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 public body. If a public body imposes a fee pursuant to this subsection (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.
(Source: P.A. 97-579, eff. 8-26-11; 98-1129, eff. 12-3-14.)

    
Notes of Decisions
Cited in 16 cases (3 in the last 5 years), 2008–2025 · leading case: DesPain v. City of Collinsville, 888 N.E.2d 163 (Ill. App. Ct. 2008).
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DesPain v. City of Collinsville, 888 N.E.2d 163 (Ill. App. Ct. 2008). · cites it 3× “” 5 ILCS 140/6(a) (West 2000). Thus, under the plain language of the Act, a public body may only charge fees associated with the “cost for reproducing and certifying public records” or the “use, by any person, of the equipment of the public body to copy records.”
Sage Info. Servs. v. Henderson, 923 N.E.2d 339 (Ill. App. Ct. 2010). · cites it 6× “" 5 ILCS 140/6(a) (West 2006). Thus, the issue is "what other statute, if any, provides an alternative to the [Act's] default rule?" The trial court found that the Code provides that alternative.”
Garlick v. Bloomingdale Twp., 2018 IL App (2d) 171013 (Ill. App. Ct. 2018). · cites it 2× “Plaintiff asserted that this was not acceptable, nor was it "the format in which it is maintained" ( 5 ILCS 140/6(a) (West 2016) ) by the township.”
Garlick v. Bloomingdale Twp., 2018 IL App (2d) 171013 (Ill. App. Ct. 2019). · cites it 2× “Plaintiff asserted that this was not acceptable, nor was it “the format in which it is maintained” (5 ILCS 140/6(a) (West 2016)) by the township.”
Sage Info. Servs. v. King, 910 N.E.2d 1180 (Ill. App. Ct. 2009). · cites it 2× “) 5 ILCS 140/6(a) (West 2006). We agree with defendant that, under the plain language of section 6(a), the charge for the reproduction of public records must be reasonably calculated based on the actual cost of reproduction.”
Edgar Cnty. Watchdogs v. Joliet Twp., 2023 IL App (3d) 210520 (Ill. App. Ct. 2023). · cites it 2× “¶ 15 Section 6 of the FOIA (5 ILCS 140/6 (West 2020)) addresses fees a public body can charge for producing documents pursuant to a FOIA request.”
Sage Info. Servs. v. Suhr, 2014 IL App (2d) 130708 (Ill. App. Ct. 2014). · cites it 9× “45 (five cents per parcel). Defendant relied on section 9-20 of the Property Tax Code, which allows a supervisor of assessments to charge a “reasonable fee” (35 ILCS 200/9-20 (West 2012)) for copying and providing records.”
McCready v. Illinois Sec'y of State, 888 N.E.2d 702 (Ill. App. Ct. 2008). “5 ILCS 140/6(a) (West 2004). Section 2 — 123(f) of the Illinois Vehicle Code governs requests for vehicle registration and title searches.”
Sage Info. Servs. v. Suhr, 2014 IL App (2d) 130708 (Ill. App. Ct. 2014). · cites it 10× “On appeal, defendant contends that the trial court erred in basing the permissible charges for the records on section 6 of the FOIA (5 ILCS 140/6 (West 2012)) and not on section 9-20 of the Property Tax Code (35 ILCS 200/9-20 (West 2012)).”
Fagel v. Dep't of Transp., 2013 IL App (1st) 121841 (Ill. App. Ct. 2013). “” 5 ILCS 140/6(a) (West 2010). Section 7 of FOIA enumerates the types of information in public records which are exempt from disclosure by a public body.”
Sage Info. Servs. v. Humm, 2012 IL App (5th) 110580 (Ill. App. Ct. 2012). · cites it 4× “” 5 ILCS 140/6(a), (b) (West Supp. 2011). ¶ 14 Section 9-20 of the Property Tax Code, upon which Humm relies, provides as follows: “Property record cards.”
Walters v. McHenry Cnty. Sheriff's Off., 2025 IL App (2d) 250071-U (Ill. App. Ct. 2025). · cites it 4× “” Plaintiff claimed that, under section 6(b) of FOIA (5 ILCS 140/6(b) (West 2022)), he should have received the first 50 pages, free of charge, of each separately requested record.”
Show all 16 citing cases →
— 5 ILCS 140/6(a) — 15 cases
Garlick v. Bloomingdale Twp., 2018 IL App (2d) 171013 (Ill. App. Ct. 2018). “Plaintiff asserted that this was not acceptable, nor was it "the format in which it is maintained" ( 5 ILCS 140/6(a) (West 2016) ) by the township.”
Garlick v. Bloomingdale Twp., 2018 IL App (2d) 171013 (Ill. App. Ct. 2019). “Plaintiff asserted that this was not acceptable, nor was it “the format in which it is maintained” (5 ILCS 140/6(a) (West 2016)) by the township.”
DesPain v. City of Collinsville, 888 N.E.2d 163 (Ill. App. Ct. 2008). “” 5 ILCS 140/6(a) (West 2000). Thus, under the plain language of the Act, a public body may only charge fees associated with the “cost for reproducing and certifying public records” or the “use, by any person, of the equipment of the public body to copy records.”
Sage Info. Servs. v. King, 910 N.E.2d 1180 (Ill. App. Ct. 2009). “) 5 ILCS 140/6(a) (West 2006). We agree with defendant that, under the plain language of section 6(a), the charge for the reproduction of public records must be reasonably calculated based on the actual cost of reproduction.”
Sage Info. Servs. v. Henderson, 923 N.E.2d 339 (Ill. App. Ct. 2010). “" 5 ILCS 140/6(a) (West 2006). Thus, the issue is "what other statute, if any, provides an alternative to the [Act's] default rule?" The trial court found that the Code provides that alternative.”
— 5 ILCS 140/6(b) — 4 cases
Sage Info. Servs. v. Suhr, 2014 IL App (2d) 130708 (Ill. App. Ct. 2014). “45 (five cents per parcel). Defendant relied on section 9-20 of the Property Tax Code, which allows a supervisor of assessments to charge a “reasonable fee” (35 ILCS 200/9-20 (West 2012)) for copying and providing records.”
Sage Info. Servs. v. Humm, 2012 IL App (5th) 110580 (Ill. App. Ct. 2012). “” 5 ILCS 140/6(a), (b) (West Supp. 2011). ¶ 14 Section 9-20 of the Property Tax Code, upon which Humm relies, provides as follows: “Property record cards.”
Sage Info. Servs. v. Suhr, 2014 IL App (2d) 130708 (Ill. App. Ct. 2014). “On appeal, defendant contends that the trial court erred in basing the permissible charges for the records on section 6 of the FOIA (5 ILCS 140/6 (West 2012)) and not on section 9-20 of the Property Tax Code (35 ILCS 200/9-20 (West 2012)).”
Walters v. McHenry Cnty. Sheriff's Off., 2025 IL App (2d) 250071-U (Ill. App. Ct. 2025). “” Plaintiff claimed that, under section 6(b) of FOIA (5 ILCS 140/6(b) (West 2022)), he should have received the first 50 pages, free of charge, of each separately requested record.”
— 5 ILCS 140/6(c) — 4 cases
DesPain v. City of Collinsville, 888 N.E.2d 163 (Ill. App. Ct. 2008). “” 5 ILCS 140/6(a) (West 2000). Thus, under the plain language of the Act, a public body may only charge fees associated with the “cost for reproducing and certifying public records” or the “use, by any person, of the equipment of the public body to copy records.”
Sage Info. Servs. v. Henderson, 923 N.E.2d 339 (Ill. App. Ct. 2010). “" 5 ILCS 140/6(a) (West 2006). Thus, the issue is "what other statute, if any, provides an alternative to the [Act's] default rule?" The trial court found that the Code provides that alternative.”
Sage Info. Servs. v. Henderson (Ill. App. Ct. 2010).
DesPain v. City of Collinsville (Ill. App. Ct. 2008).
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