FOIA section 6(b)

FOIA

5 ILCS 140/6(b). Section 6 overview: Governs fees: electronic copies in the format requested if feasible; for a normal (non-commercial, non-voluminous) request, no charge for staff time spent searching for or reviewing records -- only actual reproduction costs, and even those are typically free for the first 50 pages of black-and-white copies.

14 issues across 12 determination letters:2 violation found · 12 no violation.

Counts are per issue, not per letter, and come from automated extraction checked against sampled letters. Determination letters are not binding precedent.

How to challenge a denial on this issue

AI-generated summary of the decisions listed on this page, with each point linked to the letters it comes from. Determination letters are not binding precedent and this is not legal advice. Open the letter and check the PDF before relying on any point.

When a challenge is strong

The public body charges fees for copying records that are not responsive to your request. A public body may not charge fees for reproducing records that are not responsive to a FOIA request.Based on: n.d. · Records concerning a specific pro…
The public body imposes a fee set by an administrative rule rather than a statute. A fee set by administrative rule does not supersede FOIA fee provisions because it is not fixed by statute.Based on: n.d. · In-car traffic stop video footage…

When the public body usually wins

The public body charges up to 15 cents per page for paper copies after the first 50 free pages. FOIA permits this fee for black and white, letter or legal sized copies.Based on: n.d. · Bank statements and copying fees … · n.d. · Documents about a city's property… · n.d. · A fee waiver request for medical …
+1 more
n.d. · Municipal financial reports, budg…
The public body charges a fee fixed by another statute (e.g., Business Corporation Act, Counties Code). FOIA allows fees fixed by other statutes to take precedence over its own fee provisions.Based on: n.d. · Fees for corporate records from a… · n.d. · Fees for corporate records from a… · n.d. · Autopsy and toxicology report fees
+1 more
n.d. · Autopsy and toxicology report fees
The public body charges a fee for photographing records during an inspection. The Medical Examiner's Office could assess a $5.00 per page fee for photographs taken of inquest files.Based on: n.d. · Historical inquest files from 191…
The public body charges copying fees for all responsive pages beyond 50, even if you already possess some records. The statutory copying fee applies to all responsive pages, regardless of prior possession.Based on: n.d. · A village's legal invoice redacti…
The public body charges fees for a voluminous request, even if the response is late. Section 3.6 provides no fee waiver or penalty for a late voluminous request response, so fees under section 6(b) may be charged.Based on: n.d. · Office of Professional Review rep…

Points to put in your letter

If you were charged for copying records that are not responsive to your request, state that section 6(b) prohibits fees for reproducing non-responsive records.Based on: n.d. · Records concerning a specific pro…
If the fee is set by an administrative rule rather than a statute, argue that FOIA only allows fees fixed by other statutes to take precedence, and an administrative rule does not supersede FOIA.Based on: n.d. · In-car traffic stop video footage…

Common mistakes

Assuming that a fee set by another statute is automatically invalid under FOIA.Based on: n.d. · Fees for corporate records from a… · n.d. · Fees for corporate records from a… · n.d. · Autopsy and toxicology report fees
+1 more
n.d. · Autopsy and toxicology report fees
Assuming that a late response to a voluminous request waives copying fees.Based on: n.d. · Office of Professional Review rep…
Assuming that you cannot be charged for copies of records you already possess.Based on: n.d. · A village's legal invoice redacti…
Assuming that photographing records during an inspection is always free.Based on: n.d. · Historical inquest files from 191…
Assuming that a fee set by an administrative rule is permissible because it is an official rule.Based on: n.d. · In-car traffic stop video footage…

Facts to gather first

Whether the records for which you were charged were responsive to your request.
The specific statute or rule the public body cites as authority for the fee.
The number of pages provided and the per-page fee charged.
Whether the records are maintained only in paper format.
Whether you already possessed some of the responsive records before the request.

These notes are based on non-binding determination letters from the Public Access Bureau; outcomes depend on specific facts, and you should verify the full text of any cited decision.

Drafting brief for an AI assistant

Copy this into your assistant to help draft a request, appeal, or challenge to a denial that turns on this issue. It carries the rules and decisions, not your facts: add those yourself. Machine-readable version: foia-6-b.json.

TOPIC: 5 ILCS 140/6(b)
SOURCE: Illinois Attorney General Public Access Bureau decisions compiled at https://illinoisfoia.org/issues/foia-6-b/
NOTE: Determination letters are not binding precedent; they show how the Bureau applies the law. Verify every decision against the source PDF before citing it.

VIOLATION FOUND (2):
- Improper fee for unresponsive records
  Rule: A public body may not charge fees for reproducing records that are not responsive to a FOIA request.
  Decision: Records concerning a specific property address (non-binding determination letter, July 20, 2023) https://illinoisfoia.org/opinions/letter-76410/
- Administrative Code fee not authorized by statute
  Rule: A fee set by administrative rule does not supersede FOIA fee provisions because it is not fixed by statute.
  Decision: In-car traffic stop video footage on DVD (non-binding determination letter, February 21, 2018) https://illinoisfoia.org/opinions/letter-31244/

NO VIOLATION (12):
- Fee for paper copies of records not maintained electronically
  Rule: A public body may charge up to 15 cents per page for paper copies of records it maintains only in paper format.
  Decision: Bank statements and copying fees for paper records (non-binding determination letter, December 24, 2025) https://illinoisfoia.org/opinions/letter-91083/
- Fee for business corporation records
  Rule: FOIA permits fees fixed by other statutes; the Business Corporation Act fee for copies of corporate records takes precedence over FOIA's fee provisions.
  Decision: Fees for corporate records from a secretary of state (non-binding determination letter, February 25, 2020) https://illinoisfoia.org/opinions/letter-61612/
- Fee for not-for-profit corporation records
  Rule: FOIA permits fees fixed by other statutes; the General Not for Profit Corporation Act fee for copies of corporate records takes precedence over FOIA's fee provisions.
  Decision: Fees for corporate records from a secretary of state (non-binding determination letter, February 25, 2020) https://illinoisfoia.org/opinions/letter-61612/
- Copy fee for responsive records
  Rule: A public body may charge the statutory copying fee for all responsive pages exceeding the first 50 free pages, regardless of whether the requester already possesses some records.
  Decision: A village's legal invoice redactions and copying fees (non-binding determination letter, April 8, 2019) https://illinoisfoia.org/opinions/letter-56112/
- Copying fee of 15 cents per page
  Rule: The fee for black and white, letter or legal sized copies shall not exceed 15 cents per page.
  Decision: A fee waiver request for medical and classification records (non-binding determination letter, December 3, 2018) https://illinoisfoia.org/opinions/letter-55719/
- Fees for autopsy and toxicology reports
  Rule: FOIA allows fees fixed by other statutes; the Counties Code sets specific fees for autopsy and toxicology reports, so those fees apply.
  Decision: Autopsy and toxicology report fees (non-binding determination letter, July 3, 2018) https://illinoisfoia.org/opinions/letter-53735/
- Certification fee
  Rule: FOIA permits a certification fee not exceeding $1, so the Coroner's Office may charge $1 for certified copies.
  Decision: Autopsy and toxicology report fees (non-binding determination letter, July 3, 2018) https://illinoisfoia.org/opinions/letter-53735/
- Copying fee for paper copies
  Rule: A public body may charge up to 15 cents per page for paper copies after the first 50 free pages, and the assessed fee was permissible.
  Decision: Documents about a city's property acquisition for a Dollar General store (non-binding determination letter, January 8, 2019) https://illinoisfoia.org/opinions/letter-53612/
- Copying fee schedule
  Rule: A public body may charge up to 15 cents per page for copies beyond the first 50 free pages.
  Decision: Municipal financial reports, budgets, and ordinances (non-binding determination letter, May 2, 2017) https://illinoisfoia.org/opinions/letter-46913/
- Whether CPD improperly imposed copying fees
  Rule: A public body may charge copying fees if it responds to the request within 5 business days.
  Decision: Copying fees for crime scene photographs (non-binding determination letter, February 9, 2017) https://illinoisfoia.org/opinions/letter-45372/
- Fee for photographing inquest records during inspection
  Rule: Under section 6(b) of FOIA, the Medical Examiner's Office did not improperly respond by stating it would assess a $5.00 per page fee for photographs taken of the inquest files.
  Decision: Historical inquest files from 1912 and 1914 (non-binding determination letter, July 17, 2020) https://illinoisfoia.org/opinions/letter-43174/
- Whether fees may be charged for copies of voluminous request records
  Rule: Section 3.6 provides no fee waiver or penalty for a late voluminous request response, so fees under section 6(b) may be charged.
  Decision: Office of Professional Review reports and security camera footage of grievances (non-binding determination letter, July 12, 2016) https://illinoisfoia.org/opinions/letter-40373/



TASK FOR THE ASSISTANT: Using only the decisions above, help draft a letter. Argue from the rule and cite the decision by name and date. Do not invent decisions.

Violation found (2)

Improper fee for unresponsive records
Rule: A public body may not charge fees for reproducing records that are not responsive to a FOIA request.
Violation found Records concerning a specific property address · July 20, 2023
Administrative Code fee not authorized by statute
Rule: A fee set by administrative rule does not supersede FOIA fee provisions because it is not fixed by statute.
Violation found In-car traffic stop video footage on DVD · February 21, 2018

No violation (12)

Fee for paper copies of records not maintained electronically
Rule: A public body may charge up to 15 cents per page for paper copies of records it maintains only in paper format.
No violation Bank statements and copying fees for paper records · December 24, 2025
Fee for business corporation records
Rule: FOIA permits fees fixed by other statutes; the Business Corporation Act fee for copies of corporate records takes precedence over FOIA's fee provisions.
No violation Fees for corporate records from a secretary of state · February 25, 2020
Fee for not-for-profit corporation records
Rule: FOIA permits fees fixed by other statutes; the General Not for Profit Corporation Act fee for copies of corporate records takes precedence over FOIA's fee provisions.
No violation Fees for corporate records from a secretary of state · February 25, 2020
Copy fee for responsive records
Rule: A public body may charge the statutory copying fee for all responsive pages exceeding the first 50 free pages, regardless of whether the requester already possesses some records.
No violation A village's legal invoice redactions and copying fees · April 8, 2019
Copying fee of 15 cents per page
Rule: The fee for black and white, letter or legal sized copies shall not exceed 15 cents per page.
No violation A fee waiver request for medical and classification records · December 3, 2018
Fees for autopsy and toxicology reports
Rule: FOIA allows fees fixed by other statutes; the Counties Code sets specific fees for autopsy and toxicology reports, so those fees apply.
No violation Autopsy and toxicology report fees · July 3, 2018
Certification fee
Rule: FOIA permits a certification fee not exceeding $1, so the Coroner's Office may charge $1 for certified copies.
No violation Autopsy and toxicology report fees · July 3, 2018
Copying fee for paper copies
Rule: A public body may charge up to 15 cents per page for paper copies after the first 50 free pages, and the assessed fee was permissible.
No violation Documents about a city's property acquisition for a Dollar General store · January 8, 2019
Copying fee schedule
Rule: A public body may charge up to 15 cents per page for copies beyond the first 50 free pages.
No violation Municipal financial reports, budgets, and ordinances · May 2, 2017
Whether CPD improperly imposed copying fees
Rule: A public body may charge copying fees if it responds to the request within 5 business days.
No violation Copying fees for crime scene photographs · February 9, 2017
Fee for photographing inquest records during inspection
Rule: Under section 6(b) of FOIA, the Medical Examiner's Office did not improperly respond by stating it would assess a $5.00 per page fee for photographs taken of the inquest files.
No violation Historical inquest files from 1912 and 1914 · July 17, 2020
Whether fees may be charged for copies of voluminous request records
Rule: Section 3.6 provides no fee waiver or penalty for a late voluminous request response, so fees under section 6(b) may be charged.
No violation Office of Professional Review reports and security camera footage of grievances · July 12, 2016