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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5484

Introduced 2/13/2026, by Rep. Mary Beth Canty

SYNOPSIS AS INTRODUCED:

5 ILCS 140/2

from Ch. 116, par. 202

Amends the Freedom of Information Act. In the definition of "private
information", includes gender identity, sexual orientation, and gender
expression.
LRB104 20147 BDA 33598 b

A BILL FOR

HB5484
LRB104 20147 BDA 33598 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 2 as follows:

6

(5 ILCS 140/2)

(from Ch. 116, par. 202)
7

Sec. 2.
Definitions.
As used in this Act:
8

(a) "Public body" means all legislative, executive,
9
administrative, or advisory bodies of the State, state
10
universities and colleges, counties, townships, cities,
11
villages, incorporated towns, school districts and all other
12
municipal corporations, boards, bureaus, committees, or
13
commissions of this State, any subsidiary bodies of any of the
14
foregoing including but not limited to committees and
15
subcommittees thereof, and a School Finance Authority created
16
under Article 1E of the School Code. "Public body" does not
17
include a child death review team or the Illinois Child Death
18
Review Teams Executive Council established under the Child
19
Death Review Team Act, or a regional youth advisory board or
20
the Statewide Youth Advisory Board established under the
21
Department of Children and Family Services Statewide Youth
22
Advisory Board Act.
23

(b) "Person" means any individual or any individual acting

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LRB104 20147 BDA 33598 b
1
as an agent of a corporation, partnership, firm, organization
2
or association, acting individually or as a group.
3

(c) "Public records" means all records, reports, forms,
4
writings, letters, memoranda, books, papers, maps,
5
photographs, microfilms, cards, tapes, recordings, electronic
6
data processing records, electronic communications, recorded
7
information and all other documentary materials pertaining to
8
the transaction of public business, regardless of physical
9
form or characteristics, having been prepared by or for, or
10
having been or being used by, received by, in the possession
11
of, or under the control of any public body. "Public records"
12
does not include junk mail.
13

(c-5) "Private information" means unique identifiers,
14
including a person's social security number, driver's license
15
number, employee identification number, biometric identifiers,
16
personal financial information, passwords or other access
17
codes, medical records, home or personal telephone numbers,
18
and
personal email addresses
, gender identity, sexual
19
orientation, or gender expression
. 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 20147 BDA 33598 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 for sale, resale, or solicitation or
10
advertisement for sales or services. For purposes of this
11
definition, requests made by news media and non-profit,
12
scientific, or academic organizations shall not be considered
13
to be made for a "commercial purpose" when the principal
14
purpose of the request is (i) to access and disseminate
15
information concerning news and current or passing events,
16
(ii) for articles of opinion or features of interest to the
17
public, or (iii) for the purpose of academic, scientific, or
18
public research or education.
19

(d) "Copying" means the reproduction of any public record
20
by means of any photographic, electronic, mechanical or other
21
process, device or means now known or hereafter developed and
22
available to the public body.
23

(e) "Head of the public body" means the president, mayor,
24
chairman, presiding officer, director, superintendent,
25
manager, supervisor or individual otherwise holding primary
26
executive and administrative authority for the public body, or

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LRB104 20147 BDA 33598 b
1
such person's duly authorized designee.
2

(f) "News media" means a newspaper or other periodical
3
issued at regular intervals whether in print or electronic
4
format, a news service whether in print or electronic format,
5
a radio station, a television station, a television network, a
6
community antenna television service, or a person or
7
corporation engaged in making news reels or other motion
8
picture news for public showing.
9

(g) "Recurrent requester", as used in Section 3.2 of this
10
Act, means a person that, in the 12 months immediately
11
preceding the request, has submitted to the same public body
12
(i) a minimum of 50 requests for records, (ii) a minimum of 15
13
requests for records within a 30-day period, or (iii) a
14
minimum of 7 requests for records within a 7-day period. For
15
purposes of this definition, requests made by news media and
16
non-profit, scientific, or academic organizations shall not be
17
considered in calculating the number of requests made in the
18
time periods in this definition when the principal purpose of
19
the requests is (i) to access and disseminate information
20
concerning news and current or passing events, (ii) for
21
articles of opinion or features of interest to the public, or
22
(iii) for the purpose of academic, scientific, or public
23
research or education.
24

For the purposes of this subsection (g), "request" means a
25
written document (or oral request, if the public body chooses
26
to honor oral requests) that is submitted to a public body via

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LRB104 20147 BDA 33598 b
1
personal delivery, mail, telefax, electronic mail, or other
2
means available to the public body and that identifies the
3
particular public record the requester seeks. One request may
4
identify multiple records to be inspected or copied.
5

(h) "Voluminous request" means a request that: (i)
6
includes more than 5 individual requests for more than 5
7
different categories of records or a combination of individual
8
requests that total requests for more than 5 different
9
categories of records in a period of 20 business days; or (ii)
10
requires the compilation of more than 500 letter or
11
legal-sized pages of public records unless a single requested
12
record exceeds 500 pages. "Single requested record" may
13
include, but is not limited to, one report, form, e-mail,
14
letter, memorandum, book, map, microfilm, tape, or recording.
15

"Voluminous request" does not include a request made by
16
news media and non-profit, scientific, or academic
17
organizations if the principal purpose of the request is: (1)
18
to access and disseminate information concerning news and
19
current or passing events; (2) for articles of opinion or
20
features of interest to the public; or (3) for the purpose of
21
academic, scientific, or public research or education.
22

For the purposes of this subsection (h), "request" means a
23
written document, or oral request, if the public body chooses
24
to honor oral requests, that is submitted to a public body via
25
personal delivery, mail, telefax, electronic mail, or other
26
means available to the public body and that identifies the

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LRB104 20147 BDA 33598 b
1
particular public record or records the requester seeks. One
2
request may identify multiple individual records to be
3
inspected or copied.
4

(i) "Severance agreement" means a mutual agreement between
5
any public body and its employee for the employee's
6
resignation in exchange for payment by the public body.
7

(j) "Junk mail" means (i) any unsolicited commercial mail
8
sent to a public body and not responded to by an official,
9
employee, or agent of the public body or (ii) any unsolicited
10
commercial electronic communication sent to a public body and
11
not responded to by an official, employee, or agent of the
12
public body.
13
(Source: P.A. 103-554, eff. 1-1-24; 104-438, eff. 1-1-26.)

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