Illinois HB 2578: FOIA-PERSON

Bill Text

Full Text of HB2578 

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 Illinois General Assembly

 ILGA.GOV 

 HB2578 - 104th General Assembly 

104TH GENERAL ASSEMBLY 
State of Illinois 
2025 and 2026
HB2578

Introduced 2/6/2025, 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

 Amends the Freedom of Information Act. Changes the definition of "person". Allows, within 5 business days after its receipt of the request, a public body that has a reasonable belief that a request was not submitted by a person to require the requester to verify orally or in writing that the requester is a person. Provides that the deadline for the public body to respond to the request shall be tolled until the requester verifies that he or she is a person. Provides that, if the requester fails to verify that he or she is a person within 30 days after the public body requests such a verification, then the public body may deny the request.

LRB104 09349 BDA 19407 b

A BILL FOR

HB2578LRB104 09349 BDA 19407 b

1 AN ACT concerning government.

2 Be it enacted by the People of the State of Illinois, 

3represented in the General Assembly:

4 Section 5. The Freedom of Information Act is amended by 

5changing Sections 2 and 3 as follows:

6 (5 ILCS 140/2) (from Ch. 116, par. 202)

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

8 (a) "Public body" means all legislative, executive, 

9administrative, or advisory bodies of the State, state 

10universities and colleges, counties, townships, cities, 

11villages, incorporated towns, school districts and all other 

12municipal corporations, boards, bureaus, committees, or 

13commissions of this State, any subsidiary bodies of any of the 

14foregoing including but not limited to committees and 

15subcommittees thereof, and a School Finance Authority created 

16under Article 1E of the School Code. "Public body" does not 

17include a child death review team or the Illinois Child Death 

18Review Teams Executive Council established under the Child 

19Death Review Team Act, or a regional youth advisory board or 

20the Statewide Youth Advisory Board established under the 

21Department of Children and Family Services Statewide Youth 

22Advisory Board Act.

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

HB2578- 2 -LRB104 09349 BDA 19407 b

1as an agent of a , corporation, partnership, firm, 

2organization or association, acting individually or as a 

3group.

4 (c) "Public records" means all records, reports, forms, 

5writings, letters, memoranda, books, papers, maps, 

6photographs, microfilms, cards, tapes, recordings, electronic 

7data processing records, electronic communications, recorded 

8information and all other documentary materials pertaining to 

9the transaction of public business, regardless of physical 

10form or characteristics, having been prepared by or for, or 

11having been or being used by, received by, in the possession 

12of, or under the control of any public body.

13 (c-5) "Private information" means unique identifiers, 

14including a person's social security number, driver's license 

15number, employee identification number, biometric identifiers, 

16personal financial information, passwords or other access 

17codes, medical records, home or personal telephone numbers, 

18and personal email addresses. Private information also 

19includes home address and personal license plates, except as 

20otherwise provided by law or when compiled without possibility 

21of attribution to any person. For a public body that is a 

22HIPAA-covered entity, "private information" includes 

23electronic medical records and all information, including 

24demographic information, contained within or extracted from an 

25electronic medical records system operated or maintained by 

26the public body in compliance with State and federal medical 

HB2578- 3 -LRB104 09349 BDA 19407 b

1privacy laws and regulations, including, but not limited to, 

2the Health Insurance Portability and Accountability Act and 

3its regulations, 45 CFR Parts 160 and 164. As used in this 

4subsection, "HIPAA-covered entity" has the meaning given to 

5the term "covered entity" in 45 CFR 160.103.

6 (c-10) "Commercial purpose" means the use of any part of a 

7public record or records, or information derived from public 

8records, in any form for sale, resale, or solicitation or 

9advertisement for sales or services. For purposes of this 

10definition, requests made by news media and non-profit, 

11scientific, or academic organizations shall not be considered 

12to be made for a "commercial purpose" when the principal 

13purpose of the request is (i) to access and disseminate 

14information concerning news and current or passing events, 

15(ii) for articles of opinion or features of interest to the 

16public, or (iii) for the purpose of academic, scientific, or 

17public research or education.

18 (d) "