98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1692

 

Introduced 2/15/2013, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 120/1.02  from Ch. 102, par. 41.02
5 ILCS 140/2  from Ch. 116, par. 202

    Amends the Open Meetings Act and the Freedom of Information Act. Specifies, in both Acts, that the term "public body" includes any association of units of local government, any not-for-profit corporation with membership consisting of units of local government, or any other entity with members consisting of units of local government irrespective of whether the entity is organized pursuant to the Illinois Constitution or any other law of this State. Effective immediately.


LRB098 10553 JDS 40798 b

 

 

A BILL FOR

 

SB1692LRB098 10553 JDS 40798 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 Open Meetings Act is amended by changing
5Section 1.02 as follows:
 
6    (5 ILCS 120/1.02)  (from Ch. 102, par. 41.02)
7    Sec. 1.02. For the purposes of this Act:
8    "Meeting" means any gathering, whether in person or by
9video or audio conference, telephone call, electronic means
10(such as, without limitation, electronic mail, electronic
11chat, and instant messaging), or other means of contemporaneous
12interactive communication, of a majority of a quorum of the
13members of a public body held for the purpose of discussing
14public business or, for a 5-member public body, a quorum of the
15members of a public body held for the purpose of discussing
16public business.
17    Accordingly, for a 5-member public body, 3 members of the
18body constitute a quorum and the affirmative vote of 3 members
19is necessary to adopt any motion, resolution, or ordinance,
20unless a greater number is otherwise required.
21    "Public body" includes all legislative, executive,
22administrative or advisory bodies of the State, counties,
23townships, cities, villages, incorporated towns, school

 

 

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1districts and all other municipal corporations, boards,
2bureaus, committees or commissions of this State, and any
3subsidiary bodies of any of the foregoing including but not
4limited to committees and subcommittees which are supported in
5whole or in part by tax revenue, or which expend tax revenue,
6except the General Assembly and committees or commissions
7thereof. "Public body" includes tourism boards and convention
8or civic center boards located in counties that are contiguous
9to the Mississippi River with populations of more than 250,000
10but less than 300,000. "Public body" includes the Health
11Facilities and Services Review Board. "Public body" also
12includes any association of units of local government, any
13not-for-profit corporation with membership consisting of units
14of local government, or any other entity with members
15consisting of units of local government irrespective of whether
16the entity is organized pursuant to the Illinois Constitution
17or any other law of this State. "Public body" does not include
18a child death review team or the Illinois Child Death Review
19Teams Executive Council established under the Child Death
20Review Team Act, an ethics commission acting under the State
21Officials and Employees Ethics Act, or the Illinois Independent
22Tax Tribunal.
23(Source: P.A. 96-31, eff. 6-30-09; 97-1129, eff. 8-28-12.)
 
24    Section 10. The Freedom of Information Act is amended by
25changing Section 2 as follows:
 

 

 

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1    (5 ILCS 140/2)  (from Ch. 116, par. 202)
2    Sec. 2. Definitions. As used in this Act:
3    (a) "Public body" means all legislative, executive,
4administrative, or advisory bodies of the State, state
5universities and colleges, counties, townships, cities,
6villages, incorporated towns, school districts and all other
7municipal corporations, boards, bureaus, committees, or
8commissions of this State, any subsidiary bodies of any of the
9foregoing including but not limited to committees and
10subcommittees thereof, and a School Finance Authority created
11under Article 1E of the School Code. "Public body" also
12includes any association of units of local government, any
13not-for-profit corporation with membership consisting of units
14of local government, or any other entity with members
15consisting of units of local government irrespective of whether
16the entity is organized pursuant to the Illinois Constitution
17or any other law of this State. "Public body" does not include
18a child death review team or the Illinois Child Death Review
19Teams Executive Council established under the Child Death
20Review Team Act.
21    (b) "Person" means any individual, corporation,
22partnership, firm, organization or association, acting
23individually or as a group.
24    (c) "Public records" means all records, reports, forms,
25writings, letters, memoranda, books, papers, maps,

 

 

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1photographs, microfilms, cards, tapes, recordings, electronic
2data processing records, electronic communications, recorded
3information and all other documentary materials pertaining to
4the transaction of public business, regardless of physical form
5or characteristics, having been prepared by or for, or having
6been or being used by, received by, in the possession of, or
7under the control of any public body.
8    (c-5) "Private information" means unique identifiers,
9including a person's social security number, driver's license
10number, employee identification number, biometric identifiers,
11personal financial information, passwords or other access
12codes, medical records, home or personal telephone numbers, and
13personal email addresses. Private information also includes
14home address and personal license plates, except as otherwise
15provided by law or when compiled without possibility of
16attribution to any person.
17    (c-10) "Commercial purpose" means the use of any part of a
18public record or records, or information derived from public
19records, in any form for sale, resale, or solicitation or
20advertisement for sales or services. For purposes of this
21definition, requests made by news media and non-profit,
22scientific, or academic organizations shall not be considered
23to be made for a "commercial purpose" when the principal
24purpose of the request is (i) to access and disseminate
25information concerning news and current or passing events, (ii)
26for articles of opinion or features of interest to the public,

 

 

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1or (iii) for the purpose of academic, scientific, or public
2research or education.
3    (d) "Copying" means the reproduction of any public record
4by means of any photographic, electronic, mechanical or other
5process, device or means now known or hereafter developed and
6available to the public body.
7    (e) "Head of the public body" means the president, mayor,
8chairman, presiding officer, director, superintendent,
9manager, supervisor or individual otherwise holding primary
10executive and administrative authority for the public body, or
11such person's duly authorized designee.
12    (f) "News media" means a newspaper or other periodical
13issued at regular intervals whether in print or electronic
14format, a news service whether in print or electronic format, a
15radio station, a television station, a television network, a
16community antenna television service, or a person or
17corporation engaged in making news reels or other motion
18picture news for public showing.
19    (g) "Recurrent requester", as used in Section 3.2 of this
20Act, means a person that, in the 12 months immediately
21preceding the request, has submitted to the same public body
22(i) a minimum of 50 requests for records, (ii) a minimum of 15
23requests for records within a 30-day period, or (iii) a minimum
24of 7 requests for records within a 7-day period. For purposes
25of this definition, requests made by news media and non-profit,
26scientific, or academic organizations shall not be considered

 

 

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1in calculating the number of requests made in the time periods
2in this definition when the principal purpose of the requests
3is (i) to access and disseminate information concerning news
4and current or passing events, (ii) for articles of opinion or
5features of interest to the public, or (iii) for the purpose of
6academic, scientific, or public research or education.
7    For the purposes of this subsection (g), "request" means a
8written document (or oral request, if the public body chooses
9to honor oral requests) that is submitted to a public body via
10personal delivery, mail, telefax, electronic mail, or other
11means available to the public body and that identifies the
12particular public record the requester seeks. One request may
13identify multiple records to be inspected or copied.
14(Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10;
1596-1000, eff. 7-2-10; 97-579, eff. 8-26-11.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.