FOIA-REPEAT COMMERCIAL REQUEST

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HB4682 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4682

Introduced , by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

5 ILCS 140/3

from Ch. 116, par. 203

Amends the Freedom of Information Act. Provides that repeated
requests for commercial purposes shall be deemed unduly burdensome if the
requests are from the same person and seek similar or updated records.
LRB104 18831 BDA 32276 b

A BILL FOR

HB4682
LRB104 18831 BDA 32276 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 Section 3 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.
23
Electronic requests under this Section must appear in their

HB4682
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LRB104 18831 BDA 32276 b
1
entirety within the body of the electronic submission. As a
2
cybersecurity measure, no public body shall be required to
3
open electronically attached files or hyperlinks to view or
4
access details of a request. A public body that receives a
5
request that would require the public body to open hyperlinks
6
or attached files shall, within 5 business days, notify the
7
requester of the requirement that the entirety of an
8
electronic request must appear within the body of the
9
electronic submission. A public body may honor oral requests
10
for inspection or copying. A public body may not require that a
11
request be submitted on a standard form or require the
12
requester to specify the purpose for a request, except to
13
determine whether the records are requested for a commercial
14
purpose or whether to grant a request for a fee waiver. All
15
requests for inspection and copying received by a public body
16
shall immediately be forwarded to its Freedom of Information
17
officer or designee.
18

(d) Each public body shall, promptly, either comply with
19
or deny a request for public records within 5 business days
20
after its receipt of the request, unless the time for response
21
is properly extended under subsection (e) of this Section.
22
Denial shall be in writing as provided in Section 9 of this
23
Act. Failure to comply with a written request, extend the time
24
for response, or deny a request within 5 business days after
25
its receipt shall be considered a denial of the request. A
26
public body that fails to respond to a request within the

HB4682
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LRB104 18831 BDA 32276 b
1
requisite periods in this Section but thereafter provides the
2
requester with copies of the requested public records may not
3
impose a fee for such copies. A public body that fails to
4
respond to a request received may not treat the request as
5
unduly burdensome under subsection (g).
6

(e) The time for response under this Section may be
7
extended by the public body for not more than 5 business days
8
from the original due date for any of the following reasons:
9

(i) the requested records are stored in whole or in
10

part at other locations than the office having charge of
11

the requested records;
12

(ii) the request requires the collection of a
13

substantial number of specified records;
14

(iii) the request is couched in categorical terms and
15

requires an extensive search for the records responsive to
16

it;
17

(iv) the requested records have not been located in
18

the course of routine search and additional efforts are
19

being made to locate them;
20

(v) the requested records require examination and
21

evaluation by personnel having the necessary competence
22

and discretion to determine if they are exempt from
23

disclosure under Section 7 of this Act or should be
24

revealed only with appropriate deletions;
25

(vi) the request for records cannot be complied with
26

by the public body within the time limits prescribed by

HB4682
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LRB104 18831 BDA 32276 b
1

subsection (d) of this Section without unduly burdening or
2

interfering with the operations of the public body;
3

(vii) there is a need for consultation, which shall be
4

conducted with all practicable speed, with another public
5

body or among 2 or more components of a public body having
6

a substantial interest in the determination or in the
7

subject matter of the request.
8

The person making a request and the public body may agree
9
in writing to extend the time for compliance for a period to be
10
determined by the parties. If the requester and the public
11
body agree to extend the period for compliance, a failure by
12
the public body to comply with any previous deadlines shall
13
not be treated as a denial of the request for the records.
14

(f) When additional time is required for any of the above
15
reasons, the public body shall, within 5 business days after
16
receipt of the request, notify the person making the request
17
of the reasons for the extension and the date by which the
18
response will be forthcoming. Failure to respond within the
19
time permitted for extension shall be considered a denial of
20
the request. A public body that fails to respond to a request
21
within the time permitted for extension but thereafter
22
provides the requester with copies of the requested public
23
records may not impose a fee for those copies. A public body
24
that requests an extension and subsequently fails to respond
25
to the request may not treat the request as unduly burdensome
26
under subsection (g).

HB4682
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LRB104 18831 BDA 32276 b
1

(g) Requests calling for all records falling within a
2
category shall be complied with unless compliance with the
3
request would be unduly burdensome for the complying public
4
body and there is no way to narrow the request and the burden
5
on the public body outweighs the public interest in the
6
information. Before invoking this exemption, the public body
7
shall extend to the person making the request an opportunity
8
to confer with it in an attempt to reduce the request to
9
manageable proportions. If any public body responds to a
10
categorical request by stating that compliance would unduly
11
burden its operation and the conditions described above are
12
met, it shall do so in writing, specifying the reasons why it
13
would be unduly burdensome and the extent to which compliance
14
will so burden the operations of the public body. Such a
15
response shall be treated as a denial of the request for
16
information.
17

Repeated requests from the same person for the same
18
records that are unchanged or identical to records previously
19
provided or properly denied under this Act shall be deemed
20
unduly burdensome under this provision.
Repeated requests for
21
commercial purposes shall be deemed unduly burdensome under
22
this provision and under Section 3.1 if the requests are from
23
the same person and seek similar or updated records.

24

(h) Each public body may promulgate rules and regulations
25
in conformity with the provisions of this Section pertaining
26
to the availability of records and procedures to be followed,

HB4682
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LRB104 18831 BDA 32276 b
1
including:
2

(i) the times and places where such records will be
3

made available, and
4

(ii) the persons from whom such records may be
5

obtained.
6

(i) The time periods for compliance or denial of a request
7
to inspect or copy records set out in this Section shall not
8
apply to requests for records made for a commercial purpose,
9
requests by a recurrent requester, or voluminous requests.
10
Such requests shall be subject to the provisions of Sections
11
3.1, 3.2, and 3.6 of this Act, as applicable.
12

(j) Within 5 business days after its receipt of the
13
request, a public body that has a reasonable belief that a
14
request was not submitted by a person may require the
15
requester to verify orally or in writing that the requester is
16
a person. The deadline for the public body to respond to the
17
request shall be tolled until the requester verifies that he
18
or she is a person. If the requester fails to verify that he or
19
she is a person within 30 days after the public body requests
20
such a verification, then the public body may deny the
21
request. For purposes of this subsection (j), a public body
22
may not require the requester to submit personal information,
23
private information, or identifying information to verify that
24
the requester is a person.
25
(Source: P.A. 104-438, eff. 1-1-26.)

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