FOIA-PURPOSELESS MASS REQUEST

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HB4684 - 104th General Assembly

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4684

Introduced , by Rep. Daniel Didech

SYNOPSIS AS INTRODUCED:

5 ILCS 140/2

from Ch. 116, par. 202
5 ILCS 140/3

from Ch. 116, par. 203
5 ILCS 140/3.7 new
5 ILCS 140/11

from Ch. 116, par. 211

Amends the Freedom of Information Act. Changes the definition of
"commercial purpose". Defines "purposeless mass request". Provides that a
public body may designate a request as a purposeless mass request under
specified conditions. Establishes procedures for notice, requester
response, and a final determination concerning the request. Sets timelines
for processing such requests and authorizes responses to them. Prohibits
attorney's fees in actions where the public body reasonably determined a
request was a purposeless mass request.
LRB104 18832 BDA 32277 b

A BILL FOR

HB4684
LRB104 18832 BDA 32277 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 2, 3, and 11 and by adding Section 3.7 as
6
follows:

7

(5 ILCS 140/2)

(from Ch. 116, par. 202)
8

Sec. 2.
Definitions.
As used in this Act:
9

(a) "Public body" means all legislative, executive,
10
administrative, or advisory bodies of the State, state
11
universities and colleges, counties, townships, cities,
12
villages, incorporated towns, school districts and all other
13
municipal corporations, boards, bureaus, committees, or
14
commissions of this State, any subsidiary bodies of any of the
15
foregoing including but not limited to committees and
16
subcommittees thereof, and a School Finance Authority created
17
under Article 1E of the School Code. "Public body" does not
18
include a child death review team or the Illinois Child Death
19
Review Teams Executive Council established under the Child
20
Death Review Team Act, or a regional youth advisory board or
21
the Statewide Youth Advisory Board established under the
22
Department of Children and Family Services Statewide Youth
23
Advisory Board Act.

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1

(b) "Person" means any individual or any individual acting
2
as an agent of a corporation, partnership, firm, organization
3
or association, acting individually or as a group.
4

(c) "Public records" means all records, reports, forms,
5
writings, letters, memoranda, books, papers, maps,
6
photographs, microfilms, cards, tapes, recordings, electronic
7
data processing records, electronic communications, recorded
8
information and all other documentary materials pertaining to
9
the transaction of public business, regardless of physical
10
form or characteristics, having been prepared by or for, or
11
having been or being used by, received by, in the possession
12
of, or under the control of any public body. "Public records"
13
does not include junk mail.
14

(c-5) "Private information" means unique identifiers,
15
including a person's social security number, driver's license
16
number, employee identification number, biometric identifiers,
17
personal financial information, passwords or other access
18
codes, medical records, home or personal telephone numbers,
19
and personal email addresses. Private information also
20
includes home address and personal license plates, except as
21
otherwise provided by law or when compiled without possibility
22
of attribution to any person. For a public body that is a
23
HIPAA-covered entity, "private information" includes
24
electronic medical records and all information, including
25
demographic information, contained within or extracted from an
26
electronic medical records system operated or maintained by

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LRB104 18832 BDA 32277 b
1
the public body in compliance with State and federal medical
2
privacy laws and regulations, including, but not limited to,
3
the Health Insurance Portability and Accountability Act and
4
its regulations, 45 CFR Parts 160 and 164. As used in this
5
subsection, "HIPAA-covered entity" has the meaning given to
6
the term "covered entity" in 45 CFR 160.103.
7

(c-10) "Commercial purpose" means the use of any part of a
8
public record or records, or information derived from public
9
records, in any form
either (i)
for sale, resale, or
10
solicitation or advertisement for sales or services
or (ii) to
11
provide services to a specific customer or client
. For
12
purposes of this definition, requests made by news media and
13
non-profit, scientific, or academic organizations shall not be
14
considered to be made for a "commercial purpose" when the
15
principal purpose of the request is (i) to access and
16
disseminate information concerning news and current or passing
17
events, (ii) for articles of opinion or features of interest
18
to the public, or (iii) for the purpose of academic,
19
scientific, or public research or education.
20

(d) "Copying" means the reproduction of any public record
21
by means of any photographic, electronic, mechanical or other
22
process, device or means now known or hereafter developed and
23
available to the public body.
24

(e) "Head of the public body" means the president, mayor,
25
chairman, presiding officer, director, superintendent,
26
manager, supervisor or individual otherwise holding primary

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LRB104 18832 BDA 32277 b
1
executive and administrative authority for the public body, or
2
such person's duly authorized designee.
3

(f) "News media" means a newspaper or other periodical
4
issued at regular intervals whether in print or electronic
5
format, a news service whether in print or electronic format,
6
a radio station, a television station, a television network, a
7
community antenna television service, or a person or
8
corporation engaged in making news reels or other motion
9
picture news for public showing.
10

(g) "Recurrent requester", as used in Section 3.2 of this
11
Act, means a person that, in the 12 months immediately
12
preceding the request, has submitted to the same public body
13
(i) a minimum of 50 requests for records, (ii) a minimum of 15
14
requests for records within a 30-day period, or (iii) a
15
minimum of 7 requests for records within a 7-day period. For
16
purposes of this definition, requests made by news media and
17
non-profit, scientific, or academic organizations shall not be
18
considered in calculating the number of requests made in the
19
time periods in this definition when the principal purpose of
20
the requests is (i) to access and disseminate information
21
concerning news and current or passing events, (ii) for
22
articles of opinion or features of interest to the public, or
23
(iii) for the purpose of academic, scientific, or public
24
research or education.
25

For the purposes of this subsection (g), "request" means a
26
written document (or oral request, if the public body chooses

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1
to honor oral requests) that is submitted to a public body via
2
personal delivery, mail, telefax, electronic mail, or other
3
means available to the public body and that identifies the
4
particular public record the requester seeks. One request may
5
identify multiple records to be inspected or copied.
6

(h) "Voluminous request" means a request that: (i)
7
includes more than 5 individual requests for more than 5
8
different categories of records or a combination of individual
9
requests that total requests for more than 5 different
10
categories of records in a period of 20 business days; or (ii)
11
requires the compilation of more than 500 letter or
12
legal-sized pages of public records unless a single requested
13
record exceeds 500 pages. "Single requested record" may
14
include, but is not limited to, one report, form, e-mail,
15
letter, memorandum, book, map, microfilm, tape, or recording.
16

"Voluminous request" does not include a request made by
17
news media and non-profit, scientific, or academic
18
organizations if the principal purpose of the request is: (1)
19
to access and disseminate information concerning news and
20
current or passing events; (2) for articles of opinion or
21
features of interest to the public; or (3) for the purpose of
22
academic, scientific, or public research or education.
23

For the purposes of this subsection (h), "request" means a
24
written document, or oral request, if the public body chooses
25
to honor oral requests, that is submitted to a public body via
26
personal delivery, mail, telefax, electronic mail, or other

HB4684
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LRB104 18832 BDA 32277 b
1
means available to the public body and that identifies the
2
particular public record or records the requester seeks. One
3
request may identify multiple individual records to be
4
inspected or copied.
5

(i) "Severance agreement" means a mutual agreement between
6
any public body and its employee for the employee's
7
resignation in exchange for payment by the public body.
8

(j) "Junk mail" means (i) any unsolicited commercial mail
9
sent to a public body and not responded to by an official,
10
employee, or agent of the public body or (ii) any unsolicited
11
commercial electronic communication sent to a public body and
12
not responded to by an official, employee, or agent of the
13
public body.
14

(k) "Purposeless mass request" means a request submitted
15
by a person by electronic means to at least 7 public bodies
16
within a period of 30 days without any reasonable intention to
17
study or use the results.

18
(Source: P.A. 103-554, eff. 1-1-24; 104-438, eff. 1-1-26.)

19

(5 ILCS 140/3)

(from Ch. 116, par. 203)
20

Sec. 3.
(a) Each public body shall make available to any
21
person for inspection or copying all public records, except as
22
otherwise provided in Sections 7 and 8.5 of this Act.
23
Notwithstanding any other law, a public body may not grant to
24
any person or entity, whether by contract, license, or
25
otherwise, the exclusive right to access and disseminate any

HB4684
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LRB104 18832 BDA 32277 b
1
public record as defined in this Act.
2

(b) Subject to the fee provisions of Section 6 of this Act,
3
each public body shall promptly provide, to any person who
4
submits a request, a copy of any public record required to be
5
disclosed by subsection (a) of this Section and shall certify
6
such copy if so requested.
7

(c) Requests for inspection or copies shall be made in
8
writing and directed to the public body. Written requests may
9
be submitted to a public body via personal delivery, mail,
10
telefax, or other means available to the public body.
11
Electronic requests under this Section must appear in their
12
entirety within the body of the electronic submission. As a
13
cybersecurity measure, no public body shall be required to
14
open electronically attached files or hyperlinks to view or
15
access details of a request. A public body that receives a
16
request that would require the public body to open hyperlinks
17
or attached files shall, within 5 business days, notify the
18
requester of the requirement that the entirety of an
19
electronic request must appear within the body of the
20
electronic submission. A public body may honor oral requests
21
for inspection or copying. A public body may not require that a
22
request be submitted on a standard form or require the
23
requester to specify the purpose for a request, except to
24
determine whether the records are requested for a commercial
25
purpose
,

or
whether to grant a request for a fee waiver
, or
26
whether the request is a purposeless mass request
. All

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LRB104 18832 BDA 32277 b
1
requests for inspection and copying received by a public body
2
shall immediately be forwarded to its Freedom of Information
3
officer or designee.
4

(d) Each public body shall, promptly, either comply with
5
or deny a request for public records within 5 business days
6
after its receipt of the request, unless the time for response
7
is properly extended under subsection (e) of this Section.
8
Denial shall be in writing as provided in Section 9 of this
9
Act. Failure to comply with a written request, extend the time
10
for response, or deny a request within 5 business days after
11
its receipt shall be considered a denial of the request. A
12
public body that fails to respond to a request within the
13
requisite periods in this Section but thereafter provides the
14
requester with copies of the requested public records may not
15
impose a fee for such copies. A public body that fails to
16
respond to a request received may not treat the request as
17
unduly burdensome under subsection (g).
18

(e) The time for response under this Section may be
19
extended by the public body for not more than 5 business days
20
from the original due date for any of the following reasons:
21

(i) the requested records are stored in whole or in
22

part at other locations than the office having charge of
23

the requested records;
24

(ii) the request requires the collection of a
25

substantial number of specified records;
26

(iii) the request is couched in categorical terms and

HB4684
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LRB104 18832 BDA 32277 b
1

requires an extensive search for the records responsive to
2

it;
3

(iv) the requested records have not been located in
4

the course of routine search and additional efforts are
5

being made to locate them;
6

(v) the requested records require examination and
7

evaluation by personnel having the necessary competence
8

and discretion to determine if they are exempt from
9

disclosure under Section 7 of this Act or should be
10

revealed only with appropriate deletions;
11

(vi) the request for records cannot be complied with
12

by the public body within the time limits prescribed by
13

subsection (d) of this Section without unduly burdening or
14

interfering with the operations of the public body;
15

(vii) there is a need for consultation, which shall be
16

conducted with all practicable speed, with another public
17

body or among 2 or more components of a public body having
18

a substantial interest in the determination or in the
19

subject matter of the request.
20

The person making a request and the public body may agree
21
in writing to extend the time for compliance for a period to be
22
determined by the parties. If the requester and the public
23
body agree to extend the period for compliance, a failure by
24
the public body to comply with any previous deadlines shall
25
not be treated as a denial of the request for the records.
26

(f) When additional time is required for any of the above

HB4684
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LRB104 18832 BDA 32277 b
1
reasons, the public body shall, within 5 business days after
2
receipt of the request, notify the person making the request
3
of the reasons for the extension and the date by which the
4
response will be forthcoming. Failure to respond within the
5
time permitted for extension shall be considered a denial of
6
the request. A public body that fails to respond to a request
7
within the time permitted for extension but thereafter
8
provides the requester with copies of the requested public
9
records may not impose a fee for those copies. A public body
10
that requests an extension and subsequently fails to respond
11
to the request may not treat the request as unduly burdensome
12
under subsection (g).
13

(g) Requests calling for all records falling within a
14
category shall be complied with unless compliance with the
15
request would be unduly burdensome for the complying public
16
body and there is no way to narrow the request and the burden
17
on the public body outweighs the public interest in the
18
information. Before invoking this exemption, the public body
19
shall extend to the person making the request an opportunity
20
to confer with it in an attempt to reduce the request to
21
manageable proportions. If any public body responds to a
22
categorical request by stating that compliance would unduly
23
burden its operation and the conditions described above are
24
met, it shall do so in writing, specifying the reasons why it
25
would be unduly burdensome and the extent to which compliance
26
will so burden the operations of the public body. Such a

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1
response shall be treated as a denial of the request for
2
information.
3

Repeated requests from the same person for the same
4
records that are unchanged or identical to records previously
5
provided or properly denied under this Act shall be deemed
6
unduly burdensome under this provision.
7

(h) Each public body may promulgate rules and regulations
8
in conformity with the provisions of this Section pertaining
9
to the availability of records and procedures to be followed,
10
including:
11

(i) the times and places where such records will be
12

made available, and
13

(ii) the persons from whom such records may be
14

obtained.
15

(i) The time periods for compliance or denial of a request
16
to inspect or copy records set out in this Section shall not
17
apply to requests for records made for a commercial purpose,
18
requests by a recurrent requester,
or
voluminous requests
, or
19
purposeless mass requests
. Such requests shall be subject to
20
the provisions of Sections 3.1, 3.2,
and
3.6
, and 3.7
of this
21
Act, as applicable.
22

(j) Within 5 business days after its receipt of the
23
request, a public body that has a reasonable belief that a
24
request was not submitted by a person may require the
25
requester to verify orally or in writing that the requester is
26
a person. The deadline for the public body to respond to the

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LRB104 18832 BDA 32277 b
1
request shall be tolled until the requester verifies that he
2
or she is a person. If the requester fails to verify that he or
3
she is a person within 30 days after the public body requests
4
such a verification, then the public body may deny the
5
request. For purposes of this subsection (j), a public body
6
may not require the requester to submit personal information,
7
private information, or identifying information to verify that
8
the requester is a person.
9
(Source: P.A. 104-438, eff. 1-1-26.)

10

(5 ILCS 140/3.7 new)
11

Sec. 3.7.
Purposeless mass requests.

12

(a) The purpose of this Section is to combat governmental
13
waste associated with purposeless mass requests, while
14
recognizing that submitting the same requests to multiple
15
public bodies can play an important role in journalism and
16
study. Evidence of a purposeless mass request may include, but
17
is not limited to, a person's failure to publish or
18
disseminate the results of a mass request within one year
19
after the request was submitted, a person's use of shell
20
corporations, or a person's lack of published articles or
21
documented personal or professional work. If a public body
22
reasonably believes that a person has submitted one or more
23
purposeless mass requests to the public body in the past, and
24
if the public body receives another request from the same
25
person that the public body reasonably believes to be another

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LRB104 18832 BDA 32277 b
1
purposeless mass request, the public body may designate the
2
request as a purposeless mass request according to this
3
Section. Within 5 business days after receipt of a purposeless
4
mass request, the public body shall notify the requester that
5
it has tentatively designated the request under this Section,
6
which shall toll all other deadlines for the public body to
7
respond to the request. The notice shall state the reasons why
8
the request is being considered a purposeless mass request and
9
that the requester may, but is not required to, provide any
10
evidence to the public body within 5 business days thereafter
11
concerning the reasonable purpose for the current and past
12
mass requests, such as any plan for studying the results that
13
follows journalistic, scientific or other research standards
14
or any other reasonable documented plan for any actual use of
15
the results other than sheer curiosity or to harass or file
16
lawsuits against public bodies. Within 5 business days after
17
the receipt of any such evidence, or within 5 business days
18
after the expiration of the requester's deadline to submit
19
evidence, whichever is later, the public body shall determine
20
whether or not the request is a purposeless mass request and
21
notify the requester whether it will continue to process the
22
request as a purposeless mass request or whether it will
23
proceed to process the request under the other provisions of
24
this Act. If the public body continues to process the request
25
as a purposeless mass request, the public body's notice to the
26
requester shall state that the public body will respond to the

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LRB104 18832 BDA 32277 b
1
purposeless mass request within 21 business days and that the
2
response shall (i) provide to the requester an estimate of the
3
time required by the public body to provide the records
4
requested and an estimate of the fees to be charged, which the
5
public body may require the person to pay in full before
6
copying the requested documents, (ii) deny the request
7
pursuant to one or more of the exemptions set out in this Act,
8
(iii) notify the requester that the request is unduly
9
burdensome under subsection (g) of Section 3 and extend an
10
opportunity to the requester to attempt to reduce the request
11
to manageable proportions, or (iv) provide the records
12
requested.
13

(b) Unless the records are exempt from disclosure, a
14
public body shall comply with a purposeless mass request
15
within a reasonable period considering the size and complexity
16
of the request, and giving priority to records requested for
17
genuine purposes.

18

(5 ILCS 140/11)

(from Ch. 116, par. 211)
19

Sec. 11.
(a) Any person denied access to inspect or copy
20
any public record by a public body may file suit for injunctive
21
or declaratory relief.
22

(a-5) In accordance with Section 11.6 of this Act, a
23
requester may file an action to enforce a binding opinion
24
issued under Section 9.5 of this Act.
25

(b) Where the denial is from a public body of the State,

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LRB104 18832 BDA 32277 b
1
suit may be filed in the circuit court for the county where the
2
public body has its principal office or where the person
3
denied access resides.
4

(c) Where the denial is from a municipality or other
5
public body, except as provided in subsection (b) of this
6
Section, suit may be filed in the circuit court for the county
7
where the public body is located.
8

(d) The circuit court shall have the jurisdiction to
9
enjoin the public body from withholding public records and to
10
order the production of any public records improperly withheld
11
from the person seeking access. If the public body can show
12
that exceptional circumstances exist, and that the body is
13
exercising due diligence in responding to the request, the
14
court may retain jurisdiction and allow the agency additional
15
time to complete its review of the records.
16

(e) On motion of the plaintiff, prior to or after in camera
17
inspection, the court shall order the public body to provide
18
an index of the records to which access has been denied. The
19
index shall include the following:
20

(i) A description of the nature or contents of each
21

document withheld, or each deletion from a released
22

document, provided, however, that the public body shall
23

not be required to disclose the information which it
24

asserts is exempt; and
25

(ii) A statement of the exemption or exemptions
26

claimed for each such deletion or withheld document.

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LRB104 18832 BDA 32277 b
1

(f) In any action considered by the court, the court shall
2
consider the matter de novo, and shall conduct such in camera
3
examination of the requested records as it finds appropriate
4
to determine if such records or any part thereof may be
5
withheld under any provision of this Act. The burden shall be
6
on the public body to establish that its refusal to permit
7
public inspection or copying is in accordance with the
8
provisions of this Act. Any public body that asserts that a
9
record is exempt from disclosure has the burden of proving
10
that it is exempt by clear and convincing evidence.
11

(g) In the event of noncompliance with an order of the
12
court to disclose, the court may enforce its order against any
13
public official or employee so ordered or primarily
14
responsible for such noncompliance through the court's
15
contempt powers.
16

(h) Except as to causes the court considers to be of
17
greater importance, proceedings arising under this Section
18
shall take precedence on the docket over all other causes and
19
be assigned for hearing and trial at the earliest practicable
20
date and expedited in every way.
21

(i) If a person seeking the right to inspect or receive a
22
copy of a public record prevails in a proceeding under this
23
Section, the court shall award such person reasonable
24
attorney's fees and costs. In determining what amount of
25
attorney's fees is reasonable, the court shall consider the
26
degree to which the relief obtained relates to the relief

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LRB104 18832 BDA 32277 b
1
sought.
No attorney's fees shall be awarded if the public body
2
reasonably determined that the request was a purposeless mass
3
request under Section 3.7.

The changes contained in this
4
subsection apply to an action filed on or after January 1, 2010
5
(the effective date of Public Act 96-542).
6

(j) If the court determines that a public body willfully
7
and intentionally failed to comply with this Act, or otherwise
8
acted in bad faith, the court shall also impose upon the public
9
body a civil penalty of not less than $2,500 nor more than
10
$5,000 for each occurrence. In assessing the civil penalty,
11
the court shall consider in aggravation or mitigation the
12
budget of the public body and whether the public body has
13
previously been assessed penalties for violations of this Act.
14
The court may impose an additional penalty of up to $1,000 for
15
each day the violation continues if:
16

(1) the public body fails to comply with the court's
17

order after 30 days;
18

(2) the court's order is not on appeal or stayed; and
19

(3) the court does not grant the public body
20

additional time to comply with the court's order to
21

disclose public records.
22

The changes contained in this subsection made by Public
23
Act 96-542 apply to an action filed on or after January 1, 2010
24
(the effective date of Public Act 96-542).
25

(k) The changes to this Section made by this amendatory
26
Act of the 99th General Assembly apply to actions filed on or

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LRB104 18832 BDA 32277 b
1
after the effective date of this amendatory Act of the 99th
2
General Assembly.
3
(Source: P.A. 99-586, eff. 1-1-17; 99-642, eff. 7-28-16
.)

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This site is maintained for the Illinois General Assembly by the
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