A reporter requested autopsy and toxicology reports and was charged specific fees by the Coroner's Office. She argued these fees were too high under FOIA rules. The Attorney General's office explained that because a separate state law specifically sets the prices for these coroner reports, those prices apply instead of the general FOIA fee limits.
Legal question
Whether the fee limitations in FOIA (5 ILCS 140/6) apply to records for which fees are specifically fixed by the Counties Code (55 ILCS 5/4-7001).
Holding
The Peoria County Coroner's Office properly charged fees for autopsy and toxicology reports as those fees are fixed by statute under the Counties Code.
Summary
The requester challenged the fees charged by the Peoria County Coroner's Office for autopsy and toxicology reports, arguing they violated FOIA fee limitations. The PAC determined that because the fees are specifically fixed by the Counties Code, they supersede FOIA's general fee provisions.
feescoroner reportautopsy reportstatutory fees
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Dear Ms. Howard:
The plain language of section 6( b) of FOIA permits a public body, such as the Coroner's Office, to charge fees fixed by a statute other than FOIA. Section 4- 7001 of the Counties Code ( 55 ILCS 5/ 4- 7001 ( West 2016)) provides, in pertinent part: " Coroner' s fees. The fees of the coroner' s office shall be as follows: * * * 2. For a copy of an autopsy report ( if not included in transcript): $ 50. 00. * * * 4. For a copy of a toxicology report: $ 25. 00."
Because the specific fees for autopsy reports and toxicology reports are fixed by section 4- 7001 of the Counties Code, those fees rather than the fee provisions of FOIA apply to the records. Further, if you desire certified copies of the records, the Coroner's Office may charge you $ 1. 00 for certification pursuant to section 6( b) of FOIA. Accordingly, this office has determined that no further action is warranted in this matter.
This filed is closed. If you have any questions, please contact me at 312- 814- 5201 or at the Chicago address listed on the bottom of the first page of this letter.
Very ly yours,
Notes from the original PDF (2)
This determination letter is issued pursuant to section 9. 5( c) of the Freedom of Information Act ( FOIA) ( 5 ILCS 140/ 9. 5( c) ( West 2016)). For the reasons set forth below, the Public Access Bureau concludes that no further action in this matter is warranted. On June 21, 2018, you submitted a FOIA request to the Peoria County Coroner' s Office (Coroner' s Office), seeking a copy of the coroner's report for a deceased individual. On June 22, 2018, the Coroner's Office responded that it would furnish responsive records upon receipt of the following applicable fees: $ 50. 00 for the autopsy report, $ 25. 00 for the toxicology report, and $ 1. 00 for certification of the documents. In your Request for Review, you contend that these fees are not proper under FOIA: Section6(b) of FOIA (5 ILCS 140/ 6(6) ( West 2016)) provides, in pertinent part: Except when afee is otherwisefixed 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. * * * The cost for certifying a record shall not exceed $ 1. ( Emphasis added.) 100 West Randolph Street, Chicago, Illinois, 60601 • ( 312) 814- 3000 • TTY: ( 312) 814- 3374 • Fax: ( 312) 814- 3806 1001 East Main, Carbondale, Illinois 62901 • ( 618) 529- 6400 • TTY: ( 618) 529- 6403 • Fax: ( 618) 529- 6416
DIE STEI I BERG Assistant Attorney General Public Access Bureau 53735 f no fi war co cc: Via electronic mail Mr. Jamie Harwood, Coroner Peoria County Coroner' s Office 506 East Seneca Place Peoria, Illinois 61603 jharwood@peoriacounty. org