Sage Information Services v. Humm

Plaintiff filed actions per Section 11 of FOIA, to compel release of a copy, on CD or similar electronic media, of current real property assessment record file for entire county. Section 6 of FOIA does not allow a fee in excess of the cost of the electronic medium for reproduction of electronic records, unless another statute expressly provides that fees to produce paper records also apply to electronic copies, and Section 9-20 of Property Tax Code does not so provide. Although County Treasurer, to whom FOIA request was directed, testified that he routinely accesses the electronic database which contained requested information, he testified that he could not generate the records sought in the electronic format requested, and Plaintiff never requested records in paper form. Thus, court properly denied request for order compelling Treasurer to release information. (SPOMER and WEXSTTEN, concurring.)