Bill Text: IL HB0031 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Freedom of Information Act. Defines "automated request" as a request that a public body has a reasonable belief was drafted with the assistance of artificial intelligence or submitted without any specific, affirmative action taken by a human. Provides that a public body shall respond to an automated request within 5 business days after receipt and provide certain types of notice to the requester. Provides procedures for the requester to dispute having the request treated as an automated request. Adds automated requests to certain provisions regarding requests for a commercial purpose and voluminous requests. Allows a public body to charge requesters for the costs of any search for and review of the records or other personnel costs associated with reproducing the records associated with an automated request. Provides that a person whose request to inspect or copy a public record is treated as an automated request may not file a request for review with the Public Access Counselor, with certain exceptions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-02-04 - Assigned to Executive Committee [HB0031 Detail]

Download: Illinois-2025-HB0031-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB0031 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 140/6 from Ch. 116, par. 206
5 ILCS 140/9.5
Amends the Freedom of Information Act. Defines "automated request" as a request that a public body has a reasonable belief was drafted with the assistance of artificial intelligence or submitted without any specific, affirmative action taken by a human. Provides that a public body shall respond to an automated request within 5 business days after receipt and provide certain types of notice to the requester. Provides procedures for the requester to dispute having the request treated as an automated request. Adds automated requests to certain provisions regarding requests for a commercial purpose and voluminous requests. Allows a public body to charge requesters for the costs of any search for and review of the records or other personnel costs associated with reproducing the records associated with an automated request. Provides that a person whose request to inspect or copy a public record is treated as an automated request may not file a request for review with the Public Access Counselor, with certain exceptions.
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A BILL FOR
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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, 6, and 9.5 and by adding Section 3.7 as
follows:
(5 ILCS 140/2) (from Ch. 116, par. 202)
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. 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

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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 or
advertisement for sales or services. For purposes of this
definition, requests made by news media and 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.

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(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
(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

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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
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

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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.
(j) "Automated request" means a request that a public body
has a reasonable belief was (i) drafted in whole or part with
the assistance of artificial intelligence or other automating
software or (ii) submitted without any specific, affirmative
action taken by a human.
(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
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

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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 subsection (e) 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

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extended by the public body for not more than 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
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

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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 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
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

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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
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 automated requests, requests for records made for a
commercial purpose, requests by a recurrent requester, or

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voluminous requests. Such requests shall be subject to the
provisions of Sections 3.1, 3.2, and 3.6, and 3.7 of this Act,
as applicable.
(Source: P.A. 101-81, eff. 7-12-19.)
(5 ILCS 140/3.7 new)
Sec. 3.7. Automated requests.
(a) Notwithstanding any provision of this Act to the
contrary, a public body shall respond to an automated request
within 5 business days after receipt. The response shall
provide the requester: (i) notice that the public body is
treating the request as an automated request; (ii) notice of
the reasons why the public body is treating the request as an
automated request; (iii) notice that the requester must
respond to the public body within 10 business days after the
public body's response was sent and provide specific,
articulable reasons why the public body should not treat the
request as an automated request; (iv) notice that if the
requester does not respond within 10 business days, the public
body will respond to the request and assess any fees the public
body charges pursuant to Section 6 of this Act; (v) notice 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 respond, whichever is sooner, to respond to
the request; (vi) notice that the public body may request an
additional 30 business days to comply with the request; (vii)

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notice of the requester's right to review of the public body's
determination by the Public Access Counselor and provide the
address and phone number for the Public Access Counselor; and
(viii) notice 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 an
automated request 10 business days from the date the public
body's response pursuant to subsection (a) of this Section is
sent to provide specific, articulable reasons why the public
body should not treat the request as an automated response.
(c) If a requester does not provide specific, articulable
reasons why the request should not be considered an automated
request 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

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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.
(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 30 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) If a requester does not pay a fee charged pursuant to
Section 6 of this Act for an automated 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 an automated request.
(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 an automated request, 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

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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

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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",

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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 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 140/9.5)
Sec. 9.5. Public Access Counselor; opinions.
(a) A person whose request to inspect or copy a public
record is denied by a public body, except the General Assembly
and committees, commissions, and agencies thereof, may file a
request for review with the Public Access Counselor
established in the Office of the Attorney General not later
than 60 days after the date of the final denial. The request

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for review must be in writing, signed by the requester, and
include (i) a copy of the request for access to records and
(ii) any responses from the public body.
(b) A person whose request to inspect or copy a public
record is made for a commercial purpose as defined in
subsection (c-10) of Section 2 of this Act may not file a
request for review with the Public Access Counselor. A person
whose request to inspect or copy a public record was treated by
the public body as a request for a commercial purpose under
Section 3.1 of this Act may file a request for review with the
Public Access Counselor for the limited purpose of reviewing
whether the public body properly determined that the request
was made for a commercial purpose.
(b-5) A person whose request to inspect or copy a public
record was treated by a public body, except the General
Assembly and committees, commissions, and agencies thereof, as
a voluminous request under Section 3.6 of this Act may file a
request for review with the Public Access Counselor for the
purpose of reviewing whether the public body properly
determined that the request was a voluminous request.
(b-10) A person whose request to inspect or copy a public
record is treated as an automated request may not file a
request for review with the Public Access Counselor. A person
whose request to inspect or copy a public record was treated by
a public body, except the General Assembly and committees,
commissions, and agencies thereof, as an automated request

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under Section 3.7 of this Act may file a request for review
with the Public Access Counselor for the limited purpose of
reviewing whether the public body properly determined that the
request was an automated request.
(c) Upon receipt of a request for review, the Public
Access Counselor shall determine whether further action is
warranted. If the Public Access Counselor determines that the
alleged violation is unfounded, he or she shall so advise the
requester and the public body and no further action shall be
undertaken. In all other cases, the Public Access Counselor
shall forward a copy of the request for review to the public
body within 7 business days after receipt and shall specify
the records or other documents that the public body shall
furnish to facilitate the review. Within 7 business days after
receipt of the request for review, the public body shall
provide copies of records requested and shall otherwise fully
cooperate with the Public Access Counselor. If a public body
fails to furnish specified records pursuant to this Section,
or if otherwise necessary, the Attorney General may issue a
subpoena to any person or public body having knowledge of or
records pertaining to a request for review of a denial of
access to records under the Act. Records or documents obtained
by the Public Access Counselor from a public body for the
purpose of addressing a request for review under this Section
may not be disclosed to the public, including the requester,
by the Public Access Counselor. These records, while in the

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possession of the Public Access Counselor, are exempt under
this Act from disclosure by the Public Access Counselor.
(d) Within 7 business days after it receives a copy of a
request for review and request for production of records from
the Public Access Counselor, the public body may, but is not
required to, answer the allegations of the request for review.
The answer may take the form of a letter, brief, or memorandum.
The Public Access Counselor shall forward a copy of the answer
to the person submitting the request for review, with any
alleged confidential information to which the request pertains
redacted from the copy. The requester may, but is not required
to, respond in writing to the answer within 7 business days and
shall provide a copy of the response to the public body.
(e) In addition to the request for review, and the answer
and the response thereto, if any, a requester or a public body
may furnish affidavits or records concerning any matter
germane to the review.
(f) Unless the Public Access Counselor extends the time by
no more than 30 business days by sending written notice to the
requester and the public body that includes a statement of the
reasons for the extension in the notice, or decides to address
the matter without the issuance of a binding opinion, the
Attorney General shall examine the issues and the records,
shall make findings of fact and conclusions of law, and shall
issue to the requester and the public body an opinion in
response to the request for review within 60 days after its

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receipt. The opinion shall be binding upon both the requester
and the public body, subject to administrative review under
Section 11.5.
In responding to any request under this Section 9.5, the
Attorney General may exercise his or her discretion and choose
to resolve a request for review by mediation or by a means
other than the issuance of a binding opinion. The decision not
to issue a binding opinion shall not be reviewable.
Upon receipt of a binding opinion concluding that a
violation of this Act has occurred, the public body shall
either take necessary action immediately to comply with the
directive of the opinion or shall initiate administrative
review under Section 11.5. If the opinion concludes that no
violation of the Act has occurred, the requester may initiate
administrative review under Section 11.5.
A public body that discloses records in accordance with an
opinion of the Attorney General is immune from all liabilities
by reason thereof and shall not be liable for penalties under
this Act.
(g) If the requester files suit under Section 11 with
respect to the same denial that is the subject of a pending
request for review, the requester shall notify the Public
Access Counselor, and the Public Access Counselor shall take
no further action with respect to the request for review and
shall so notify the public body.
(h) The Attorney General may also issue advisory opinions

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to public bodies regarding compliance with this Act. A review
may be initiated upon receipt of a written request from the
head of the public body or its attorney, which shall contain
sufficient accurate facts from which a determination can be
made. The Public Access Counselor may request additional
information from the public body in order to assist in the
review. A public body that relies in good faith on an advisory
opinion of the Attorney General in responding to a request is
not liable for penalties under this Act, so long as the facts
upon which the opinion is based have been fully and fairly
disclosed to the Public Access Counselor.
(Source: P.A. 103-69, eff. 1-1-24.)