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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2882

Introduced 2/6/2025, by Rep. Terra Costa Howard

SYNOPSIS AS INTRODUCED:

5 ILCS 140/3

from Ch. 116, par. 203
5 ILCS 140/3.1

Amends the Freedom of Information Act. Provides that each public body
shall, promptly, either comply with or deny a request for public records
within 15 business days (rather than 5 business days) after its receipt of
the request, unless extended for an additional 10 business days (rather
than 5 business days) for specified reasons. Provides that commercial
requests must be responded to within 30 business days (rather than 21
working days).
LRB104 08869 BDA 18924 b

A BILL FOR

HB2882
LRB104 08869 BDA 18924 b
1

AN ACT concerning government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Freedom of Information Act is amended by
5
changing Sections 3 and 3.1 as follows:

6

(5 ILCS 140/3)

(from Ch. 116, par. 203)
7

Sec. 3.
(a) Each public body shall make available to any
8
person for inspection or copying all public records, except as
9
otherwise provided in Sections 7 and 8.5 of this Act.
10
Notwithstanding any other law, a public body may not grant to
11
any person or entity, whether by contract, license, or
12
otherwise, the exclusive right to access and disseminate any
13
public record as defined in this Act.
14

(b) Subject to the fee provisions of Section 6 of this Act,
15
each public body shall promptly provide, to any person who
16
submits a request, a copy of any public record required to be
17
disclosed by subsection (a) of this Section and shall certify
18
such copy if so requested.
19

(c) Requests for inspection or copies shall be made in
20
writing and directed to the public body. Written requests may
21
be submitted to a public body via personal delivery, mail,
22
telefax, or other means available to the public body. A public
23
body may honor oral requests for inspection or copying. A

HB2882
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LRB104 08869 BDA 18924 b
1
public body may not require that a request be submitted on a
2
standard form or require the requester to specify the purpose
3
for a request, except to determine whether the records are
4
requested for a commercial purpose or whether to grant a
5
request for a fee waiver. All requests for inspection and
6
copying received by a public body shall immediately be
7
forwarded to its Freedom of Information officer or designee.
8

(d) Each public body shall, promptly, either comply with
9
or deny a request for public records within
15

5
business days
10
after its receipt of the request, unless the time for response
11
is properly extended under subsection (e) of this Section.
12
Denial shall be in writing as provided in Section 9 of this
13
Act. Failure to comply with a written request, extend the time
14
for response, or deny a request within 5 business days after
15
its receipt shall be considered a denial of the request. A
16
public body that fails to respond to a request within the
17
requisite periods in this Section but thereafter provides the
18
requester with copies of the requested public records may not
19
impose a fee for such copies. A public body that fails to
20
respond to a request received may not treat the request as
21
unduly burdensome under subsection (g).
22

(e) The time for response under this Section may be
23
extended by the public body for not more than
10

5
business
24
days from the original due date for any of the following
25
reasons:
26

(i) the requested records are stored in whole or in

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1

part at other locations than the office having charge of
2

the requested records;
3

(ii) the request requires the collection of a
4

substantial number of specified records;
5

(iii) the request is couched in categorical terms and
6

requires an extensive search for the records responsive to
7

it;
8

(iv) the requested records have not been located in
9

the course of routine search and additional efforts are
10

being made to locate them;
11

(v) the requested records require examination and
12

evaluation by personnel having the necessary competence
13

and discretion to determine if they are exempt from
14

disclosure under Section 7 of this Act or should be
15

revealed only with appropriate deletions;
16

(vi) the request for records cannot be complied with
17

by the public body within the time limits prescribed by
18

subsection (d) of this Section without unduly burdening or
19

interfering with the operations of the public body;
20

(vii) there is a need for consultation, which shall be
21

conducted with all practicable speed, with another public
22

body or among 2 or more components of a public body having
23

a substantial interest in the determination or in the
24

subject matter of the request.
25

The person making a request and the public body may agree
26
in writing to extend the time for compliance for a period to be

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1
determined by the parties. If the requester and the public
2
body agree to extend the period for compliance, a failure by
3
the public body to comply with any previous deadlines shall
4
not be treated as a denial of the request for the records.
5

(f) When additional time is required for any of the above
6
reasons, the public body shall, within
15

5
business days
7
after receipt of the request, notify the person making the
8
request of the reasons for the extension and the date by which
9
the response will be forthcoming. Failure to respond within
10
the time permitted for extension shall be considered a denial
11
of the request. A public body that fails to respond to a
12
request within the time permitted for extension but thereafter
13
provides the requester with copies of the requested public
14
records may not impose a fee for those copies. A public body
15
that requests an extension and subsequently fails to respond
16
to the request may not treat the request as unduly burdensome
17
under subsection (g).
18

(g) Requests calling for all records falling within a
19
category shall be complied with unless compliance with the
20
request would be unduly burdensome for the complying public
21
body and there is no way to narrow the request and the burden
22
on the public body outweighs the public interest in the
23
information. Before invoking this exemption, the public body
24
shall extend to the person making the request an opportunity
25
to confer with it in an attempt to reduce the request to
26
manageable proportions. If any public body responds to a

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1
categorical request by stating that compliance would unduly
2
burden its operation and the conditions described above are
3
met, it shall do so in writing, specifying the reasons why it
4
would be unduly burdensome and the extent to which compliance
5
will so burden the operations of the public body. Such a
6
response shall be treated as a denial of the request for
7
information.
8

Repeated requests from the same person for the same
9
records that are unchanged or identical to records previously
10
provided or properly denied under this Act shall be deemed
11
unduly burdensome under this provision.
12

(h) Each public body may promulgate rules and regulations
13
in conformity with the provisions of this Section pertaining
14
to the availability of records and procedures to be followed,
15
including:
16

(i) the times and places where such records will be
17

made available, and
18

(ii) the persons from whom such records may be
19

obtained.
20

(i) The time periods for compliance or denial of a request
21
to inspect or copy records set out in this Section shall not
22
apply to requests for records made for a commercial purpose,
23
requests by a recurrent requester, or voluminous requests.
24
Such requests shall be subject to the provisions of Sections
25
3.1, 3.2, and 3.6 of this Act, as applicable.
26
(Source: P.A. 101-81, eff. 7-12-19.)

HB2882
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LRB104 08869 BDA 18924 b
1

(5 ILCS 140/3.1)
2

Sec. 3.1.
Requests for commercial purposes.

3

(a) A public body shall respond to a request for records to
4
be used for a commercial purpose within
30 business

21 working

5
days after receipt. The response shall (i) provide to the
6
requester an estimate of the time required by the public body
7
to provide the records requested and an estimate of the fees to
8
be charged, which the public body may require the person to pay
9
in full before copying the requested documents, (ii) deny the
10
request pursuant to one or more of the exemptions set out in
11
this Act, (iii) notify the requester that the request is
12
unduly burdensome and extend an opportunity to the requester
13
to attempt to reduce the request to manageable proportions, or
14
(iv) provide the records requested.
15

(b) Unless the records are exempt from disclosure, a
16
public body shall comply with a request within a reasonable
17
period considering the size and complexity of the request, and
18
giving priority to records requested for non-commercial
19
purposes.
20

(c) It is a violation of this Act for a person to knowingly
21
obtain a public record for a commercial purpose without
22
disclosing that it is for a commercial purpose, if requested
23
to do so by the public body.
24
(Source: P.A. 96-542, eff. 1-1-10.)

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