Bill
HB 2578
Illinois FOIA defines 'person' as individuals or agents for entities; allows agencies to demand verification within 5 days, tolls deadlines, and deny after 30 days if unverified.
Status / sponsors
- Introduced: Feb. 6–7, 2025 by Rep. Daniel Didech.
- Co-sponsors added: Rep. Camille Y. Lilly; Rep. Nicolle Grasse (added Apr. 1, 2025).
- Statutory references amended: 5 ILCS 140/2 and 5 ILCS 140/3 (Freedom of Information Act).
Note: the file provided also contains text from an unrelated Arizona bill numbered HB 2578 (a Don Bolles memorial). This summary covers the Illinois FOIA amendments only.
Purpose / intent
- To clarify the statutory definition of “person” under the Illinois Freedom of Information Act (FOIA) and to give public bodies a limited ability to require verification that a FOIA requester is a “person” (i.e., a natural person or an individual acting on behalf of an entity) when the public body reasonably believes the request was not submitted by a person.
Key provisions
- Definition change (5 ILCS 140/2): Revises the definition of “person” to emphasize that a “person” means an individual or an individual acting as an agent on behalf of an organization, corporation, association, partnership, firm, or group. (The bill text clarifies that “person” refers to natural persons and individuals acting for entities.)
- Verification authority (5 ILCS 140/3): If, within 5 business days after receipt of a FOIA request, a public body has a reasonable belief that the request was not submitted by a person, the public body may require the requester to verify — orally or in writing — that the requester is a person.
- Tolling of response deadline: The statutory deadline for the public body to respond to the FOIA request is tolled (paused) until the requester provides the requested verification.
- Failure to verify: If the requester does not verify within 30 days after the public body’s request for verification, the public body may deny the FOIA request.
Who or what is affected
- Public bodies subject to FOIA (state agencies, municipalities, school districts, universities, etc.) — grants them a procedural tool to address suspected non-human or invalid request submissions.
- FOIA requesters — particularly anonymous, automated, or improperly submitted requests; individuals acting on behalf of organizations will need to be prepared to verify their status if challenged.
- FOIA administrative process — response timelines may be extended where verification is sought (tolling until verification).
Procedural / timeline aspects
- Public body must act within 5 business days of receiving a request to invoke the verification step.
- Requester has up to 30 days to provide verification; otherwise, denial is permissible.
- The bill amends statutory sections 5 ILCS 140/2 and 140/3; legislative progress beyond introduction is not fully clear in the provided material.
Practical considerations
- The amendment creates a narrowly framed mechanism to guard against suspicious or non-human requests, but it raises implementation questions (what constitutes “reasonable belief”; acceptable forms of verification; protections for privacy and anonymity). Agencies will likely need policies or guidance to apply the verification authority consistently while complying with FOIA and privacy law.
Compiled from official sources — confirm details with the bill’s official record.
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