Bill Text: IL HB4325 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Freedom of Information Act. Specifies that, as used in the Act, "commercial purpose" includes the use of public records (or information contained in public records) for solicitation of individuals to join an organization. Authorizes a public body to extend the time for responding to a request for a public record by 7 business days (rather than 5 business days) in specified circumstances. Provides that, in the case of a request for a commercial purpose, a public body shall (rather than may) require the person to pay the estimated copy fee in full before copying the requested documents. Changes the way that a public body may respond to requests by recurrent requesters. Provides that, in the case of a voluminous request, a requester shall pay the entire fee before releasing the requested public record. Allows a public body after the first 2 hours (rather than the first 8 hours) to charge up to $10 for each hour spent by personnel in searching for and retrieving a requested record or examining the record for necessary redactions. Removes a limitation on the imposition of this $10 per hour fee. Exempts from disclosure under the Act communications that do not pertain to the transaction of public business that are sent to or received by an individual's personal electronic device, such as text messages, voice messages, and emails.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB4325 Detail]

Download: Illinois-2023-HB4325-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4325 Introduced , by Rep. John M. Cabello SYNOPSIS AS INTRODUCED:
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Amends the Freedom of Information Act. Specifies that, as used in the Act, "commercial purpose" includes the use of public records (or information contained in public records) for solicitation of individuals to join an organization. Authorizes a public body to extend the time for responding to a request for a public record by 7 business days (rather than 5 business days) in specified circumstances. Provides that, in the case of a request for a commercial purpose, a public body shall (rather than may) require the person to pay the estimated copy fee in full before copying the requested documents. Changes the way that a public body may respond to requests by recurrent requesters. Provides that, in the case of a voluminous request, a requester shall pay the entire fee before releasing the requested public record. Allows a public body after the first 2 hours (rather than the first 8 hours) to charge up to $10 for each hour spent by personnel in searching for and retrieving a requested record or examining the record for necessary redactions. Removes a limitation on the imposition of this $10 per hour fee. Exempts from disclosure under the Act communications that do not pertain to the transaction of public business that are sent to or received by an individual's personal electronic device, such as text messages, voice messages, and emails.
LRB103 34569 AWJ 64406 b
A BILL FOR
HB4325 LRB103 34569 AWJ 64406 b
AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Freedom of Information Act is amended by
changing Sections 2, 3, 3.1, 3.2, 3.6, 6, and 7 as follows:
(5 ILCS 140/2) (from Ch. 116, par. 202)
(Text of Section before amendment by P.A. 103-554)
Sec. 2. Definitions. As used in this Act:
(a) "Public body" means all legislative, executive,
administrative, or advisory bodies of the State, state
universities and colleges, counties, townships, cities,
villages, incorporated towns, school districts and all other
municipal corporations, boards, bureaus, committees, or
commissions of this State, any subsidiary bodies of any of the
foregoing including but not limited to committees and
subcommittees thereof, and a School Finance Authority created
under Article 1E of the School Code. "Public body" does not
include a child death review team or the Illinois Child Death
Review Teams Executive Council established under the Child
Death Review Team Act, or a regional youth advisory board or
the Statewide Youth Advisory Board established under the
Department of Children and Family Services Statewide Youth
Advisory Board Act.

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(b) "Person" means any individual, corporation,
partnership, firm, organization or association, acting
individually or as a group.
(c) "Public records" means all records, reports, forms,
writings, letters, memoranda, books, papers, maps,
photographs, microfilms, cards, tapes, recordings, electronic
data processing records, electronic communications, recorded
information and all other documentary materials pertaining to
the transaction of public business, regardless of physical
form or characteristics, having been prepared by or for, or
having been or being used by, received by, in the possession
of, or under the control of any public body.
(c-5) "Private information" means unique identifiers,
including a person's social security number, driver's license
number, employee identification number, biometric identifiers,
personal financial information, passwords or other access
codes, medical records, home or personal telephone numbers,
and personal email addresses. Private information also
includes home address and personal license plates, except as
otherwise provided by law or when compiled without possibility
of attribution to any person.
(c-10) "Commercial purpose" means the use of any part of a
public record or records, or information derived from public
records, in any form for sale, resale, or solicitation or
advertisement for sales or services. For purposes of this
definition, requests made by news media and non-profit,

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scientific, or academic organizations shall not be considered
to be made for a "commercial purpose" when the principal
purpose of the request is (i) to access and disseminate
information concerning news and current or passing events,
(ii) for articles of opinion or features of interest to the
public, or (iii) for the purpose of academic, scientific, or
public research or education.
(d) "Copying" means the reproduction of any public record
by means of any photographic, electronic, mechanical or other
process, device or means now known or hereafter developed and
available to the public body.
(e) "Head of the public body" means the president, mayor,
chairman, presiding officer, director, superintendent,
manager, supervisor or individual otherwise holding primary
executive and administrative authority for the public body, or
such person's duly authorized designee.
(f) "News media" means a newspaper or other periodical
issued at regular intervals whether in print or electronic
format, a news service whether in print or electronic format,
a radio station, a television station, a television network, a
community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(g) "Recurrent requester", as used in Section 3.2 of this
Act, means a person that, in the 12 months immediately
preceding the request, has submitted to the same public body

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(i) a minimum of 50 requests for records, (ii) a minimum of 15
requests for records within a 30-day period, or (iii) a
minimum of 7 requests for records within a 7-day period. For
purposes of this definition, requests made by news media and
non-profit, scientific, or academic organizations shall not be
considered in calculating the number of requests made in the
time periods in this definition when the principal purpose of
the requests is (i) to access and disseminate information
concerning news and current or passing events, (ii) for
articles of opinion or features of interest to the public, or
(iii) for the purpose of academic, scientific, or public
research or education.
For the purposes of this subsection (g), "request" means a
written document (or oral request, if the public body chooses
to honor oral requests) that is submitted to a public body via
personal delivery, mail, telefax, electronic mail, or other
means available to the public body and that identifies the
particular public record the requester seeks. One request may
identify multiple records to be inspected or copied.
(h) "Voluminous request" means a request that: (i)
includes more than 5 individual requests for more than 5
different categories of records or a combination of individual
requests that total requests for more than 5 different
categories of records in a period of 20 business days; or (ii)
requires the compilation of more than 500 letter or
legal-sized pages of public records unless a single requested

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record exceeds 500 pages. "Single requested record" may
include, but is not limited to, one report, form, e-mail,
letter, memorandum, book, map, microfilm, tape, or recording.
"Voluminous request" does not include a request made by
news media and non-profit, scientific, or academic
organizations if the principal purpose of the request is: (1)
to access and disseminate information concerning news and
current or passing events; (2) for articles of opinion or
features of interest to the public; or (3) for the purpose of
academic, scientific, or public research or education.
For the purposes of this subsection (h), "request" means a
written document, or oral request, if the public body chooses
to honor oral requests, that is submitted to a public body via
personal delivery, mail, telefax, electronic mail, or other
means available to the public body and that identifies the
particular public record or records the requester seeks. One
request may identify multiple individual records to be
inspected or copied.
(i) "Severance agreement" means a mutual agreement between
any public body and its employee for the employee's
resignation in exchange for payment by the public body.
(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
99-78, eff. 7-20-15; 99-478, eff. 6-1-16.)
(Text of Section after amendment by P.A. 103-554)
Sec. 2. Definitions. As used in this Act:

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(a) "Public body" means all legislative, executive,
administrative, or advisory bodies of the State, state
universities and colleges, counties, townships, cities,
villages, incorporated towns, school districts and all other
municipal corporations, boards, bureaus, committees, or
commissions of this State, any subsidiary bodies of any of the
foregoing including but not limited to committees and
subcommittees thereof, and a School Finance Authority created
under Article 1E of the School Code. "Public body" does not
include a child death review team or the Illinois Child Death
Review Teams Executive Council established under the Child
Death Review Team Act, or a regional youth advisory board or
the Statewide Youth Advisory Board established under the
Department of Children and Family Services Statewide Youth
Advisory Board Act.
(b) "Person" means any individual, corporation,
partnership, firm, organization or association, acting
individually or as a group.
(c) "Public records" means all records, reports, forms,
writings, letters, memoranda, books, papers, maps,
photographs, microfilms, cards, tapes, recordings, electronic
data processing records, electronic communications, recorded
information and all other documentary materials pertaining to
the transaction of public business, regardless of physical
form or characteristics, having been prepared by or for, or
having been or being used by, received by, in the possession

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of, or under the control of any public body.
(c-5) "Private information" means unique identifiers,
including a person's social security number, driver's license
number, employee identification number, biometric identifiers,
personal financial information, passwords or other access
codes, medical records, home or personal telephone numbers,
and personal email addresses. Private information also
includes home address and personal license plates, except as
otherwise provided by law or when compiled without possibility
of attribution to any person. For a public body that is a
HIPAA-covered entity, "private information" includes
electronic medical records and all information, including
demographic information, contained within or extracted from an
electronic medical records system operated or maintained by
the public body in compliance with State and federal medical
privacy laws and regulations, including, but not limited to,
the Health Insurance Portability and Accountability Act and
its regulations, 45 CFR Parts 160 and 164. As used in this
subsection, "HIPAA-covered entity" has the meaning given to
the term "covered entity" in 45 CFR 160.103.
(c-10) "Commercial purpose" means the use of any part of a
public record or records, or information derived from public
records, in any form for sale, resale, or solicitation, for or
advertisement for sales or services, or for solicitation of
individuals for purposes of joining an organization. For
purposes of this definition, requests made by news media and

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non-profit, scientific, or academic organizations shall not be
considered to be made for a "commercial purpose" when the
principal purpose of the request is (i) to access and
disseminate information concerning news and current or passing
events, (ii) for articles of opinion or features of interest
to the public, or (iii) for the purpose of academic,
scientific, or public research or education.
(d) "Copying" means the reproduction of any public record
by means of any photographic, electronic, mechanical or other
process, device or means now known or hereafter developed and
available to the public body.
(e) "Head of the public body" means the president, mayor,
chairman, presiding officer, director, superintendent,
manager, supervisor or individual otherwise holding primary
executive and administrative authority for the public body, or
such person's duly authorized designee.
(f) "News media" means a newspaper or other periodical
issued at regular intervals whether in print or electronic
format, a news service whether in print or electronic format,
a radio station, a television station, a television network, a
community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
(g) "Recurrent requester", as used in Section 3.2 of this
Act, means a person that, in the 12 months immediately
preceding the request, has submitted to the same public body

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(i) a minimum of 50 requests for records, (ii) a minimum of 15
requests for records within a 30-day period, or (iii) a
minimum of 7 requests for records within a 7-day period. For
purposes of this definition, requests made by news media and
non-profit, scientific, or academic organizations shall not be
considered in calculating the number of requests made in the
time periods in this definition when the principal purpose of
the requests is (i) to access and disseminate information
concerning news and current or passing events, (ii) for
articles of opinion or features of interest to the public, or
(iii) for the purpose of academic, scientific, or public
research or education.
For the purposes of this subsection (g), "request" means a
written document (or oral request, if the public body chooses
to honor oral requests) that is submitted to a public body via
personal delivery, mail, telefax, electronic mail, or other
means available to the public body and that identifies the
particular public record the requester seeks. One request may
identify multiple records to be inspected or copied.
(h) "Voluminous request" means a request that: (i)
includes more than 5 individual requests for more than 5
different categories of records or a combination of individual
requests that total requests for more than 5 different
categories of records in a period of 20 business days; or (ii)
requires the compilation of more than 500 letter or
legal-sized pages of public records unless a single requested

HB4325 - 10 - LRB103 34569 AWJ 64406 b
record exceeds 500 pages. "Single requested record" may
include, but is not limited to, one report, form, e-mail,
letter, memorandum, book, map, microfilm, tape, or recording.
"Voluminous request" does not include a request made by
news media and non-profit, scientific, or academic
organizations if the principal purpose of the request is: (1)
to access and disseminate information concerning news and
current or passing events; (2) for articles of opinion or
features of interest to the public; or (3) for the purpose of
academic, scientific, or public research or education.
For the purposes of this subsection (h), "request" means a
written document, or oral request, if the public body chooses
to honor oral requests, that is submitted to a public body via
personal delivery, mail, telefax, electronic mail, or other
means available to the public body and that identifies the
particular public record or records the requester seeks. One
request may identify multiple individual records to be
inspected or copied.
(i) "Severance agreement" means a mutual agreement between
any public body and its employee for the employee's
resignation in exchange for payment by the public body.
(Source: P.A. 103-554, eff. 1-1-24.)
(5 ILCS 140/3) (from Ch. 116, par. 203)
Sec. 3. (a) Each public body shall make available to any
person for inspection or copying all public records, except as

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otherwise provided in Sections 7 and 8.5 of this Act.
Notwithstanding any other law, a public body may not grant to
any person or entity, whether by contract, license, or
otherwise, the exclusive right to access and disseminate any
public record as defined in this Act.
(b) Subject to the fee provisions of Section 6 of this Act,
each public body shall promptly provide, to any person who
submits a request, a copy of any public record required to be
disclosed by subsection (a) of this Section and shall certify
such copy if so requested.
(c) Requests for inspection or copies shall be made in
writing and directed to the public body. Written requests may
be submitted to a public body via personal delivery, mail,
telefax, or other means available to the public body. A public
body may honor oral requests for inspection or copying. A
public body may not require that a request be submitted on a
standard form or require the requester to specify the purpose
for a request, except to determine whether the records are
requested for a commercial purpose or whether to grant a
request for a fee waiver. All requests for inspection and
copying received by a public body shall immediately be
forwarded to its Freedom of Information officer or designee.
(d) Each public body shall, promptly, either comply with
or deny a request for public records within 5 business days
after its receipt of the request, unless the time for response
is properly extended under subsections subsection (e) and (f)

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of this Section. Denial shall be in writing as provided in
Section 9 of this Act. Failure to comply with a written
request, extend the time for response, or deny a request
within 5 business days after its receipt shall be considered a
denial of the request. A public body that fails to respond to a
request within the requisite periods in this Section but
thereafter provides the requester with copies of the requested
public records may not impose a fee for such copies. A public
body that fails to respond to a request received may not treat
the request as unduly burdensome under subsection (g).
(e) The time for response under this Section may be
extended by the public body for not more than 7 5 business days
from the original due date for any of the following reasons:
(i) the requested records are stored in whole or in
part at other locations than the office having charge of
the requested records;
(ii) the request requires the collection of a
substantial number of specified records;
(iii) the request is couched in categorical terms and
requires an extensive search for the records responsive to
it;
(iv) the requested records have not been located in
the course of routine search and additional efforts are
being made to locate them;
(v) the requested records require examination and
evaluation by personnel having the necessary competence

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and discretion to determine if they are exempt from
disclosure under Section 7 of this Act or should be
revealed only with appropriate deletions;
(vi) the request for records cannot be complied with
by the public body within the time limits prescribed by
subsection (d) of this Section without unduly burdening or
interfering with the operations of the public body;
(vii) there is a need for consultation, which shall be
conducted with all practicable speed, with another public
body or among 2 or more components of a public body having
a substantial interest in the determination or in the
subject matter of the request.
The person making a request and the public body may agree
in writing to extend the time for compliance for a period to be
determined by the parties. If the requester and the public
body agree to extend the period for compliance, a failure by
the public body to comply with any previous deadlines shall
not be treated as a denial of the request for the records.
(f) When additional time is required for any of the above
reasons, the public body shall, within 7 5 business days after
receipt of the request, notify the person making the request
of the reasons for the extension and the date by which the
response will be forthcoming. Failure to respond within the
time permitted for extension shall be considered a denial of
the request. A public body that fails to respond to a request
within the time permitted for extension but thereafter

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provides the requester with copies of the requested public
records may not impose a fee for those copies. A public body
that requests an extension and subsequently fails to respond
to the request may not treat the request as unduly burdensome
under subsection (g).
(g) Requests calling for all records falling within a
category shall be complied with unless compliance with the
request would be unduly burdensome for the complying public
body and there is no way to narrow the request and the burden
on the public body outweighs the public interest in the
information. Before invoking this exemption, the public body
shall extend to the person making the request an opportunity
to confer with it in an attempt to reduce the request to
manageable proportions. If any public body responds to a
categorical request by stating that compliance would unduly
burden its operation and the conditions described above are
met, it shall do so in writing, specifying the reasons why it
would be unduly burdensome and the extent to which compliance
will so burden the operations of the public body. Such a
response shall be treated as a denial of the request for
information.
Repeated requests from the same person for the same
records that are unchanged or identical to records previously
provided or properly denied under this Act shall be deemed
unduly burdensome under this provision.
(h) Each public body may promulgate rules and regulations

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in conformity with the provisions of this Section pertaining
to the availability of records and procedures to be followed,
including:
(i) the times and places where such records will be
made available, and
(ii) the persons from whom such records may be
obtained.
(i) The time periods for compliance or denial of a request
to inspect or copy records set out in this Section shall not
apply to requests for records made for a commercial purpose,
requests by a recurrent requester, or voluminous requests.
Such requests shall be subject to the provisions of Sections
3.1, 3.2, and 3.6 of this Act, as applicable.
(Source: P.A. 101-81, eff. 7-12-19.)
(5 ILCS 140/3.1)
Sec. 3.1. Requests for commercial purposes.
(a) A public body shall respond to a request for records to
be used for a commercial purpose within 21 working days after
receipt. The response shall (i) provide to the requester an
estimate of the time required by the public body to provide the
records requested and an estimate of the fees to be charged,
which the public body shall may require the person to pay in
full before copying the requested documents, (ii) deny the
request pursuant to one or more of the exemptions set out in
this Act, (iii) notify the requester that the request is

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unduly burdensome and extend an opportunity to the requester
to attempt to reduce the request to manageable proportions, or
(iv) (blank) provide the records requested.
(b) Unless the records are exempt from disclosure, a
public body shall comply with a request within a reasonable
period considering the size and complexity of the request, and
giving priority to records requested for non-commercial
purposes.
(c) It is a violation of this Act for a person to knowingly
obtain a public record for a commercial purpose without
disclosing that it is for a commercial purpose, if requested
to do so by the public body.
(Source: P.A. 96-542, eff. 1-1-10.)
(5 ILCS 140/3.2)
Sec. 3.2. Recurrent requesters.
(a) Notwithstanding any provision of this Act to the
contrary, a public body shall, within 5 business days of
receipt of a request that causes a person to become a recurrent
requester, notify the recurrent requester that the public body
will not respond to either the request or, for a period of 90
days after receipt of the request, any other request from the
requester. The response shall include the date on which the
requester may again start submitting a request for information
under the Act respond to a request from a recurrent requester,
as defined in subsection (g) of Section 2, within 21 business

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days after receipt. The response shall (i) provide to the
requester an estimate of the time required by the public body
to provide the records requested and an estimate of the fees to
be charged, which the public body may require the person to pay
in full before copying the requested documents, (ii) deny the
request pursuant to one or more of the exemptions set out in
this Act, (iii) notify the requester that the request is
unduly burdensome and extend an opportunity to the requester
to attempt to reduce the request to manageable proportions, or
(iv) provide the records requested.
(b) Within 5 business days after receiving a request from
a recurrent requester, as defined in subsection (g) of Section
2, the public body shall notify the requester (i) that the
public body is treating the request as a request under
subsection (g) of Section 2, (ii) of the reasons why the public
body is treating the request as a request under subsection (g)
of Section 2, and (iii) that the public body will send an
initial response within 21 business days after receipt in
accordance with subsection (a) of this Section. The public
body shall also notify the requester of the proposed responses
that can be asserted pursuant to subsection (a) of this
Section.
(c) Unless the records are exempt from disclosure, a
public body shall comply with a request within a reasonable
period considering the size and complexity of the request.
(Source: P.A. 97-579, eff. 8-26-11; 98-756, eff. 7-16-14.)

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(5 ILCS 140/3.6)
Sec. 3.6. Voluminous requests.
(a) Notwithstanding any provision of this Act to the
contrary, a public body shall respond to a voluminous request
within 5 business days after receipt. The response shall
notify the requester: (i) that the public body is treating the
request as a voluminous request; (ii) the reasons why the
public body is treating the request as a voluminous request;
(iii) that the requester must respond to the public body
within 10 business days after the public body's response was
sent and specify whether the requester would like to amend the
request in such a way that the public body will no longer treat
the request as a voluminous request; (iv) that if the
requester does not respond within 10 business days or if the
request continues to be a voluminous request following the
requester's response, the public body will respond to the
request and assess any fees the public body charges pursuant
to Section 6 of this Act; (v) that the public body has 5
business days after receipt of the requester's response or 5
business days from the last day for the requester to amend his
or her request, whichever is sooner, to respond to the
request; (vi) that the public body may request an additional
10 business days to comply with the request; (vii) of the
requester's right to review of the public body's determination
by the Public Access Counselor and provide the address and

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phone number for the Public Access Counselor; and (viii) that
if the requester fails to accept or collect the responsive
records, the public body may still charge the requester for
its response pursuant to Section 6 of this Act and the
requester's failure to pay will be considered a debt due and
owing to the public body and may be collected in accordance
with applicable law.
(b) A public body shall provide a person making a
voluminous request 10 business days from the date the public
body's response pursuant to subsection (a) of this Section is
sent to amend the request in such a way that the public body
will no longer treat the request as a voluminous request.
(c) If a request continues to be a voluminous request
following the requester's response under subsection (b) of
this Section or the requester fails to respond, the public
body shall respond within the earlier of 5 business days after
it receives the response from the requester or 5 business days
after the final day for the requester to respond to the public
body's notification under this subsection. The response shall:
(i) provide an estimate of the fees to be charged, which the
public body may require the person to pay in full before
copying the requested documents; (ii) deny the request
pursuant to one or more of the exemptions set out in this Act;
(iii) notify the requester that the request is unduly
burdensome and extend an opportunity to the requester to
attempt to reduce the request to manageable proportions; or

HB4325 - 20 - LRB103 34569 AWJ 64406 b
(iv) provide the records requested.
(d) The time for response by the public body under
subsection (c) of this Section may be extended by the public
body for not more than 10 business days from the final day for
the requester to respond to the public body's notification
under subsection (c) of this Section for any of the reasons
provided in subsection (e) of Section 3 of this Act.
The person making a request and the public body may agree
in writing to extend the time for compliance for a period to be
determined by the parties. If the requester and the public
body agree to extend the period for compliance, a failure by
the public body to comply with any previous deadlines shall
not be treated as a denial of the request for the records.
(e) A requester shall pay the full fee charged pursuant to
Section 6 of this Act prior to the release of the request by
the public body. If a requester does not pay a fee charged
pursuant to Section 6 of this Act for a voluminous request, the
debt shall be considered a debt due and owing to the public
body and may be collected in accordance with applicable law.
This fee may be charged by the public body even if the
requester fails to accept or collect records the public body
has prepared in response to a voluminous request.
(Source: P.A. 98-1129, eff. 12-3-14.)
(5 ILCS 140/6) (from Ch. 116, par. 206)
Sec. 6. Authority to charge fees.

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(a) When a person requests a copy of a record maintained in
an electronic format, the public body shall furnish it in the
electronic format specified by the requester, if feasible. If
it is not feasible to furnish the public records in the
specified electronic format, then the public body shall
furnish it in the format in which it is maintained by the
public body, or in paper format at the option of the requester.
A public body may charge the requester for the actual cost of
purchasing the recording medium, whether disc, diskette, tape,
or other medium. If a request is not a request for a commercial
purpose or a voluminous request, a public body may not charge
the requester for the costs of any search for and review of the
records or other personnel costs associated with reproducing
the records. Except to the extent that the General Assembly
expressly provides, statutory fees applicable to copies of
public records when furnished in a paper format shall not be
applicable to those records when furnished in an electronic
format.
(a-5) If a voluminous request is for electronic records
and those records are not in a portable document format (PDF),
the public body may charge up to $20 for not more than 2
megabytes of data, up to $40 for more than 2 but not more than
4 megabytes of data, and up to $100 for more than 4 megabytes
of data. If a voluminous request is for electronic records and
those records are in a portable document format, the public
body may charge up to $20 for not more than 80 megabytes of

HB4325 - 22 - LRB103 34569 AWJ 64406 b
data, up to $40 for more than 80 megabytes but not more than
160 megabytes of data, and up to $100 for more than 160
megabytes of data. If the responsive electronic records are in
both a portable document format and not in a portable document
format, the public body may separate the fees and charge the
requester under both fee scales.
If a public body imposes a fee pursuant to this subsection
(a-5), it must provide the requester with an accounting of all
fees, costs, and personnel hours in connection with the
request for public records.
(b) Except when a fee is otherwise fixed by statute, each
public body may charge fees reasonably calculated to reimburse
its actual cost for reproducing and certifying public records
and for the use, by any person, of the equipment of the public
body to copy records. No fees shall be charged for the first 50
pages of black and white, letter or legal sized copies
requested by a requester. The fee for black and white, letter
or legal sized copies shall not exceed 15 cents per page. If a
public body provides copies in color or in a size other than
letter or legal, the public body may not charge more than its
actual cost for reproducing the records. In calculating its
actual cost for reproducing records or for the use of the
equipment of the public body to reproduce records, a public
body shall not include the costs of any search for and review
of the records or other personnel costs associated with
reproducing the records, except for commercial requests as

HB4325 - 23 - LRB103 34569 AWJ 64406 b
provided in subsection (f) of this Section. Such fees shall be
imposed according to a standard scale of fees, established and
made public by the body imposing them. The cost for certifying
a record shall not exceed $1.
(c) Documents shall be furnished without charge or at a
reduced charge, as determined by the public body, if the
person requesting the documents states the specific purpose
for the request and indicates that a waiver or reduction of the
fee is in the public interest. Waiver or reduction of the fee
is in the public interest if the principal purpose of the
request is to access and disseminate information regarding the
health, safety and welfare or the legal rights of the general
public and is not for the principal purpose of personal or
commercial benefit. For purposes of this subsection,
"commercial benefit" shall not apply to requests made by news
media when the principal purpose of the request is to access
and disseminate information regarding the health, safety, and
welfare or the legal rights of the general public. In setting
the amount of the waiver or reduction, the public body may take
into consideration the amount of materials requested and the
cost of copying them.
(d) The imposition of a fee not consistent with
subsections (6)(a) and (b) of this Act constitutes a denial of
access to public records for the purposes of judicial review.
(e) The fee for each abstract of a driver's record shall be
as provided in Section 6-118 of "The Illinois Vehicle Code",

HB4325 - 24 - LRB103 34569 AWJ 64406 b
approved September 29, 1969, as amended, whether furnished as
a paper copy or as an electronic copy.
(f) A public body may charge up to $10 for each hour spent
by personnel in searching for and retrieving a requested
record or examining the record for necessary redactions. No
fees shall be charged for the first 2 8 hours spent by
personnel in searching for or retrieving a requested record. A
public body may charge the actual cost of retrieving and
transporting public records from an off-site storage facility
when the public records are maintained by a third-party
storage company under contract with the public body. If a
public body imposes a fee pursuant to this subsection (f), it
must provide the requester with an accounting of all fees,
costs, and personnel hours in connection with the request for
public records. The provisions of this subsection (f) apply
only to commercial requests.
(Source: P.A. 97-579, eff. 8-26-11; 98-1129, eff. 12-3-14.)
(5 ILCS 140/7)
Sec. 7. Exemptions.
(1) When a request is made to inspect or copy a public
record that contains information that is exempt from
disclosure under this Section, but also contains information
that is not exempt from disclosure, the public body may elect
to redact the information that is exempt. The public body
shall make the remaining information available for inspection

HB4325 - 25 - LRB103 34569 AWJ 64406 b
and copying. Subject to this requirement, the following shall
be exempt from inspection and copying:
(a) Information specifically prohibited from
disclosure by federal or State law or rules and
regulations implementing federal or State law.
(b) Private information, unless disclosure is required
by another provision of this Act, a State or federal law,
or a court order.
(b-5) Files, documents, and other data or databases
maintained by one or more law enforcement agencies and
specifically designed to provide information to one or
more law enforcement agencies regarding the physical or
mental status of one or more individual subjects.
(c) Personal information contained within public
records, the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy, unless
the disclosure is consented to in writing by the
individual subjects of the information. "Unwarranted
invasion of personal privacy" means the disclosure of
information that is highly personal or objectionable to a
reasonable person and in which the subject's right to
privacy outweighs any legitimate public interest in
obtaining the information. The disclosure of information
that bears on the public duties of public employees and
officials shall not be considered an invasion of personal
privacy.

HB4325 - 26 - LRB103 34569 AWJ 64406 b
(d) Records in the possession of any public body
created in the course of administrative enforcement
proceedings, and any law enforcement or correctional
agency for law enforcement purposes, but only to the
extent that disclosure would:
(i) interfere with pending or actually and
reasonably contemplated law enforcement proceedings
conducted by any law enforcement or correctional
agency that is the recipient of the request;
(ii) interfere with active administrative
enforcement proceedings conducted by the public body
that is the recipient of the request;
(iii) create a substantial likelihood that a
person will be deprived of a fair trial or an impartial
hearing;
(iv) unavoidably disclose the identity of a
confidential source, confidential information
furnished only by the confidential source, or persons
who file complaints with or provide information to
administrative, investigative, law enforcement, or
penal agencies; except that the identities of
witnesses to traffic crashes, traffic crash reports,
and rescue reports shall be provided by agencies of
local government, except when disclosure would
interfere with an active criminal investigation
conducted by the agency that is the recipient of the

HB4325 - 27 - LRB103 34569 AWJ 64406 b
request;
(v) disclose unique or specialized investigative
techniques other than those generally used and known
or disclose internal documents of correctional
agencies related to detection, observation, or
investigation of incidents of crime or misconduct, and
disclosure would result in demonstrable harm to the
agency or public body that is the recipient of the
request;
(vi) endanger the life or physical safety of law
enforcement personnel or any other person; or
(vii) obstruct an ongoing criminal investigation
by the agency that is the recipient of the request.
(d-5) A law enforcement record created for law
enforcement purposes and contained in a shared electronic
record management system if the law enforcement agency
that is the recipient of the request did not create the
record, did not participate in or have a role in any of the
events which are the subject of the record, and only has
access to the record through the shared electronic record
management system.
(d-6) Records contained in the Officer Professional
Conduct Database under Section 9.2 of the Illinois Police
Training Act, except to the extent authorized under that
Section. This includes the documents supplied to the
Illinois Law Enforcement Training Standards Board from the

HB4325 - 28 - LRB103 34569 AWJ 64406 b
Illinois State Police and Illinois State Police Merit
Board.
(d-7) Information gathered or records created from the
use of automatic license plate readers in connection with
Section 2-130 of the Illinois Vehicle Code.
(e) Records that relate to or affect the security of
correctional institutions and detention facilities.
(e-5) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials are available in the library of the correctional
institution or facility or jail where the inmate is
confined.
(e-6) Records requested by persons committed to the
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail if those
materials include records from staff members' personnel
files, staff rosters, or other staffing assignment
information.
(e-7) Records requested by persons committed to the
Department of Corrections or Department of Human Services
Division of Mental Health if those materials are available
through an administrative request to the Department of
Corrections or Department of Human Services Division of
Mental Health.
(e-8) Records requested by a person committed to the

HB4325 - 29 - LRB103 34569 AWJ 64406 b
Department of Corrections, Department of Human Services
Division of Mental Health, or a county jail, the
disclosure of which would result in the risk of harm to any
person or the risk of an escape from a jail or correctional
institution or facility.
(e-9) Records requested by a person in a county jail
or committed to the Department of Corrections or
Department of Human Services Division of Mental Health,
containing personal information pertaining to the person's
victim or the victim's family, including, but not limited
to, a victim's home address, home telephone number, work
or school address, work telephone number, social security
number, or any other identifying information, except as
may be relevant to a requester's current or potential case
or claim.
(e-10) Law enforcement records of other persons
requested by a person committed to the Department of
Corrections, Department of Human Services Division of
Mental Health, or a county jail, including, but not
limited to, arrest and booking records, mug shots, and
crime scene photographs, except as these records may be
relevant to the requester's current or potential case or
claim.
(f) Preliminary drafts, notes, recommendations,
memoranda, and other records in which opinions are
expressed, or policies or actions are formulated, except

HB4325 - 30 - LRB103 34569 AWJ 64406 b
that a specific record or relevant portion of a record
shall not be exempt when the record is publicly cited and
identified by the head of the public body. The exemption
provided in this paragraph (f) extends to all those
records of officers and agencies of the General Assembly
that pertain to the preparation of legislative documents.
(g) Trade secrets and commercial or financial
information obtained from a person or business where the
trade secrets or commercial or financial information are
furnished under a claim that they are proprietary,
privileged, or confidential, and that disclosure of the
trade secrets or commercial or financial information would
cause competitive harm to the person or business, and only
insofar as the claim directly applies to the records
requested.
The information included under this exemption includes
all trade secrets and commercial or financial information
obtained by a public body, including a public pension
fund, from a private equity fund or a privately held
company within the investment portfolio of a private
equity fund as a result of either investing or evaluating
a potential investment of public funds in a private equity
fund. The exemption contained in this item does not apply
to the aggregate financial performance information of a
private equity fund, nor to the identity of the fund's
managers or general partners. The exemption contained in

HB4325 - 31 - LRB103 34569 AWJ 64406 b
this item does not apply to the identity of a privately
held company within the investment portfolio of a private
equity fund, unless the disclosure of the identity of a
privately held company may cause competitive harm.
Nothing contained in this paragraph (g) shall be
construed to prevent a person or business from consenting
to disclosure.
(h) Proposals and bids for any contract, grant, or
agreement, including information which if it were
disclosed would frustrate procurement or give an advantage
to any person proposing to enter into a contractor
agreement with the body, until an award or final selection
is made. Information prepared by or for the body in
preparation of a bid solicitation shall be exempt until an
award or final selection is made.
(i) Valuable formulae, computer geographic systems,
designs, drawings, and research data obtained or produced
by any public body when disclosure could reasonably be
expected to produce private gain or public loss. The
exemption for "computer geographic systems" provided in
this paragraph (i) does not extend to requests made by
news media as defined in Section 2 of this Act when the
requested information is not otherwise exempt and the only
purpose of the request is to access and disseminate
information regarding the health, safety, welfare, or
legal rights of the general public.

HB4325 - 32 - LRB103 34569 AWJ 64406 b
(j) The following information pertaining to
educational matters:
(i) test questions, scoring keys, and other
examination data used to administer an academic
examination;
(ii) information received by a primary or
secondary school, college, or university under its
procedures for the evaluation of faculty members by
their academic peers;
(iii) information concerning a school or
university's adjudication of student disciplinary
cases, but only to the extent that disclosure would
unavoidably reveal the identity of the student; and
(iv) course materials or research materials used
by faculty members.
(k) Architects' plans, engineers' technical
submissions, and other construction related technical
documents for projects not constructed or developed in
whole or in part with public funds and the same for
projects constructed or developed with public funds,
including, but not limited to, power generating and
distribution stations and other transmission and
distribution facilities, water treatment facilities,
airport facilities, sport stadiums, convention centers,
and all government owned, operated, or occupied buildings,
but only to the extent that disclosure would compromise

HB4325 - 33 - LRB103 34569 AWJ 64406 b
security.
(l) Minutes of meetings of public bodies closed to the
public as provided in the Open Meetings Act until the
public body makes the minutes available to the public
under Section 2.06 of the Open Meetings Act.
(m) Communications between a public body and an
attorney or auditor representing the public body that
would not be subject to discovery in litigation, and
materials prepared or compiled by or for a public body in
anticipation of a criminal, civil, or administrative
proceeding upon the request of an attorney advising the
public body, and materials prepared or compiled with
respect to internal audits of public bodies.
(n) Records relating to a public body's adjudication
of employee grievances or disciplinary cases; however,
this exemption shall not extend to the final outcome of
cases in which discipline is imposed.
(o) Administrative or technical information associated
with automated data processing operations, including, but
not limited to, software, operating protocols, computer
program abstracts, file layouts, source listings, object
modules, load modules, user guides, documentation
pertaining to all logical and physical design of
computerized systems, employee manuals, and any other
information that, if disclosed, would jeopardize the
security of the system or its data or the security of

HB4325 - 34 - LRB103 34569 AWJ 64406 b
materials exempt under this Section.
(p) Records relating to collective negotiating matters
between public bodies and their employees or
representatives, except that any final contract or
agreement shall be subject to inspection and copying.
(q) Test questions, scoring keys, and other
examination data used to determine the qualifications of
an applicant for a license or employment.
(r) The records, documents, and information relating
to real estate purchase negotiations until those
negotiations have been completed or otherwise terminated.
With regard to a parcel involved in a pending or actually
and reasonably contemplated eminent domain proceeding
under the Eminent Domain Act, records, documents, and
information relating to that parcel shall be exempt except
as may be allowed under discovery rules adopted by the
Illinois Supreme Court. The records, documents, and
information relating to a real estate sale shall be exempt
until a sale is consummated.
(s) Any and all proprietary information and records
related to the operation of an intergovernmental risk
management association or self-insurance pool or jointly
self-administered health and accident cooperative or pool.
Insurance or self-insurance (including any
intergovernmental risk management association or
self-insurance pool) claims, loss or risk management

HB4325 - 35 - LRB103 34569 AWJ 64406 b
information, records, data, advice, or communications.
(t) Information contained in or related to
examination, operating, or condition reports prepared by,
on behalf of, or for the use of a public body responsible
for the regulation or supervision of financial
institutions, insurance companies, or pharmacy benefit
managers, unless disclosure is otherwise required by State
law.
(u) Information that would disclose or might lead to
the disclosure of secret or confidential information,
codes, algorithms, programs, or private keys intended to
be used to create electronic signatures under the Uniform
Electronic Transactions Act.
(v) Vulnerability assessments, security measures, and
response policies or plans that are designed to identify,
prevent, or respond to potential attacks upon a
community's population or systems, facilities, or
installations, but only to the extent that disclosure
could reasonably be expected to expose the vulnerability
or jeopardize the effectiveness of the measures, policies,
or plans, or the safety of the personnel who implement
them or the public. Information exempt under this item may
include such things as details pertaining to the
mobilization or deployment of personnel or equipment, to
the operation of communication systems or protocols, to
cybersecurity vulnerabilities, or to tactical operations.

HB4325 - 36 - LRB103 34569 AWJ 64406 b
(w) (Blank).
(x) Maps and other records regarding the location or
security of generation, transmission, distribution,
storage, gathering, treatment, or switching facilities
owned by a utility, by a power generator, or by the
Illinois Power Agency.
(y) Information contained in or related to proposals,
bids, or negotiations related to electric power
procurement under Section 1-75 of the Illinois Power
Agency Act and Section 16-111.5 of the Public Utilities
Act that is determined to be confidential and proprietary
by the Illinois Power Agency or by the Illinois Commerce
Commission.
(z) Information about students exempted from
disclosure under Section 10-20.38 or 34-18.29 of the
School Code, and information about undergraduate students
enrolled at an institution of higher education exempted
from disclosure under Section 25 of the Illinois Credit
Card Marketing Act of 2009.
(aa) Information the disclosure of which is exempted
under the Viatical Settlements Act of 2009.
(bb) Records and information provided to a mortality
review team and records maintained by a mortality review
team appointed under the Department of Juvenile Justice
Mortality Review Team Act.
(cc) Information regarding interments, entombments, or

HB4325 - 37 - LRB103 34569 AWJ 64406 b
inurnments of human remains that are submitted to the
Cemetery Oversight Database under the Cemetery Care Act or
the Cemetery Oversight Act, whichever is applicable.
(dd) Correspondence and records (i) that may not be
disclosed under Section 11-9 of the Illinois Public Aid
Code or (ii) that pertain to appeals under Section 11-8 of
the Illinois Public Aid Code.
(ee) The names, addresses, or other personal
information of persons who are minors and are also
participants and registrants in programs of park
districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations.
(ff) The names, addresses, or other personal
information of participants and registrants in programs of
park districts, forest preserve districts, conservation
districts, recreation agencies, and special recreation
associations where such programs are targeted primarily to
minors.
(gg) Confidential information described in Section
1-100 of the Illinois Independent Tax Tribunal Act of
2012.
(hh) The report submitted to the State Board of
Education by the School Security and Standards Task Force
under item (8) of subsection (d) of Section 2-3.160 of the
School Code and any information contained in that report.

HB4325 - 38 - LRB103 34569 AWJ 64406 b
(ii) Records requested by persons committed to or
detained by the Department of Human Services under the
Sexually Violent Persons Commitment Act or committed to
the Department of Corrections under the Sexually Dangerous
Persons Act if those materials: (i) are available in the
library of the facility where the individual is confined;
(ii) include records from staff members' personnel files,
staff rosters, or other staffing assignment information;
or (iii) are available through an administrative request
to the Department of Human Services or the Department of
Corrections.
(jj) Confidential information described in Section
5-535 of the Civil Administrative Code of Illinois.
(kk) The public body's credit card numbers, debit card
numbers, bank account numbers, Federal Employer
Identification Number, security code numbers, passwords,
and similar account information, the disclosure of which
could result in identity theft or impression or defrauding
of a governmental entity or a person.
(ll) Records concerning the work of the threat
assessment team of a school district, including, but not
limited to, any threat assessment procedure under the
School Safety Drill Act and any information contained in
the procedure.
(mm) Information prohibited from being disclosed under
subsections (a) and (b) of Section 15 of the Student

HB4325 - 39 - LRB103 34569 AWJ 64406 b
Confidential Reporting Act.
(nn) Proprietary information submitted to the
Environmental Protection Agency under the Drug Take-Back
Act.
(oo) Records described in subsection (f) of Section
3-5-1 of the Unified Code of Corrections.
(pp) Any and all information regarding burials,
interments, or entombments of human remains as required to
be reported to the Department of Natural Resources
pursuant either to the Archaeological and Paleontological
Resources Protection Act or the Human Remains Protection
Act.
(qq) (pp) Reports described in subsection (e) of
Section 16-15 of the Abortion Care Clinical Training
Program Act.
(rr) (pp) Information obtained by a certified local
health department under the Access to Public Health Data
Act.
(ss) (pp) For a request directed to a public body that
is also a HIPAA-covered entity, all information that is
protected health information, including demographic
information, that may be contained within or extracted
from any record held by the public body in compliance with
State and federal medical privacy laws and regulations,
including, but not limited to, the Health Insurance
Portability and Accountability Act and its regulations, 45

HB4325 - 40 - LRB103 34569 AWJ 64406 b
CFR Parts 160 and 164. As used in this paragraph,
"HIPAA-covered entity" has the meaning given to the term
"covered entity" in 45 CFR 160.103 and "protected health
information" has the meaning given to that term in 45 CFR
160.103.
(tt) Communications not pertaining to the transaction
of public business sent to or received by an individual's
personal electronic device, such as text messages, voice
messages, and emails.
(1.5) Any information exempt from disclosure under the
Judicial Privacy Act shall be redacted from public records
prior to disclosure under this Act.
(2) A public record that is not in the possession of a
public body but is in the possession of a party with whom the
agency has contracted to perform a governmental function on
behalf of the public body, and that directly relates to the
governmental function and is not otherwise exempt under this
Act, shall be considered a public record of the public body,
for purposes of this Act.
(3) This Section does not authorize withholding of
information or limit the availability of records to the
public, except as stated in this Section or otherwise provided
in this Act.
(Source: P.A. 102-38, eff. 6-25-21; 102-558, eff. 8-20-21;
102-694, eff. 1-7-22; 102-752, eff. 5-6-22; 102-753, eff.
1-1-23; 102-776, eff. 1-1-23; 102-791, eff. 5-13-22; 102-982,

HB4325 - 41 - LRB103 34569 AWJ 64406 b
eff. 7-1-23; 102-1055, eff. 6-10-22; 103-154, eff. 6-30-23;
103-423, eff. 1-1-24; 103-446, eff. 8-4-23; 103-462, eff.
8-4-23; 103-540, eff. 1-1-24; 103-554, eff. 1-1-24; revised
9-7-23.)
Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.
HB4325 - 42 - LRB103 34569 AWJ 64406 b
INDEX
Statutes amended in order of appearance