101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3146

 

Introduced , by Rep. Brad Halbrook

 

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. Modifies the term "public body" under the respective Acts to include all other units of government, including, but not limited to, township road districts of this State, and any combination of public body entities formed under an intergovernmental agreement that includes provisions for a governing body of the agency created by the agreement.


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A BILL FOR

 

HB3146LRB101 04684 RJF 49693 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, or any other units of
3government, including, but not limited to, township road
4districts, of this State, and any subsidiary bodies of any of
5the foregoing including but not limited to committees and
6subcommittees which are supported in whole or in part by tax
7revenue, or which expend tax revenue, except the General
8Assembly and committees or commissions thereof, and any
9combination of the above entities formed under an
10intergovernmental agreement that includes provisions for a
11governing body of the agency created by the agreement. "Public
12body" includes tourism boards and convention or civic center
13boards located in counties that are contiguous to the
14Mississippi River with populations of more than 250,000 but
15less than 300,000. "Public body" includes the Health Facilities
16and Services Review Board. "Public body" does not include a
17child death review team or the Illinois Child Death Review
18Teams Executive Council established under the Child Death
19Review Team Act, an ethics commission acting under the State
20Officials and Employees Ethics Act, a regional youth advisory
21board or the Statewide Youth Advisory Board established under
22the Department of Children and Family Services Statewide Youth
23Advisory Board Act, or the Illinois Independent Tax Tribunal.
24(Source: P.A. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15.)
 
25    Section 10. The Freedom of Information Act is amended by

 

 

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1changing Section 2 as follows:
 
2    (5 ILCS 140/2)  (from Ch. 116, par. 202)
3    Sec. 2. Definitions. As used in this Act:
4    (a) "Public body" means all legislative, executive,
5administrative, or advisory bodies of the State, state
6universities and colleges, counties, townships, cities,
7villages, incorporated towns, school districts and all other
8municipal corporations, boards, bureaus, committees, or
9commissions, or any other units of government, including, but
10not limited to, township road districts, of this State, any
11subsidiary bodies of any of the foregoing including but not
12limited to committees and subcommittees thereof, and a School
13Finance Authority created under Article 1E of the School Code,
14and any combination of the above entities formed under an
15intergovernmental agreement that includes provisions for a
16governing body of the agency created by the agreement. "Public
17body" does not include a child death review team or the
18Illinois Child Death Review Teams Executive Council
19established under the Child Death Review Team Act, or a
20regional youth advisory board or the Statewide Youth Advisory
21Board established under the Department of Children and Family
22Services Statewide Youth Advisory Board Act.
23    (b) "Person" means any individual, corporation,
24partnership, firm, organization or association, acting
25individually or as a group.

 

 

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

 

 

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1information concerning news and current or passing events, (ii)
2for articles of opinion or features of interest to the public,
3or (iii) for the purpose of academic, scientific, or public
4research or education.
5    (d) "Copying" means the reproduction of any public record
6by means of any photographic, electronic, mechanical or other
7process, device or means now known or hereafter developed and
8available to the public body.
9    (e) "Head of the public body" means the president, mayor,
10chairman, presiding officer, director, superintendent,
11manager, supervisor or individual otherwise holding primary
12executive and administrative authority for the public body, or
13such person's duly authorized designee.
14    (f) "News media" means a newspaper or other periodical
15issued at regular intervals whether in print or electronic
16format, a news service whether in print or electronic format, a
17radio station, a television station, a television network, a
18community antenna television service, or a person or
19corporation engaged in making news reels or other motion
20picture news for public showing.
21    (g) "Recurrent requester", as used in Section 3.2 of this
22Act, means a person that, in the 12 months immediately
23preceding the request, has submitted to the same public body
24(i) a minimum of 50 requests for records, (ii) a minimum of 15
25requests for records within a 30-day period, or (iii) a minimum
26of 7 requests for records within a 7-day period. For purposes

 

 

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1of this definition, requests made by news media and non-profit,
2scientific, or academic organizations shall not be considered
3in calculating the number of requests made in the time periods
4in this definition when the principal purpose of the requests
5is (i) to access and disseminate information concerning news
6and current or passing events, (ii) for articles of opinion or
7features of interest to the public, or (iii) for the purpose of
8academic, scientific, or public research or education.
9    For the purposes of this subsection (g), "request" means a
10written document (or oral request, if the public body chooses
11to honor oral requests) that is submitted to a public body via
12personal delivery, mail, telefax, electronic mail, or other
13means available to the public body and that identifies the
14particular public record the requester seeks. One request may
15identify multiple records to be inspected or copied.
16    (h) "Voluminous request" means a request that: (i) includes
17more than 5 individual requests for more than 5 different
18categories of records or a combination of individual requests
19that total requests for more than 5 different categories of
20records in a period of 20 business days; or (ii) requires the
21compilation of more than 500 letter or legal-sized pages of
22public records unless a single requested record exceeds 500
23pages. "Single requested record" may include, but is not
24limited to, one report, form, e-mail, letter, memorandum, book,
25map, microfilm, tape, or recording.
26    "Voluminous request" does not include a request made by

 

 

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1news media and non-profit, scientific, or academic
2organizations if the principal purpose of the request is: (1)
3to access and disseminate information concerning news and
4current or passing events; (2) for articles of opinion or
5features of interest to the public; or (3) for the purpose of
6academic, scientific, or public research or education.
7    For the purposes of this subsection (h), "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 or records the requester seeks. One
13request may identify multiple individual records to be
14inspected or copied.
15    (i) "Severance agreement" means a mutual agreement between
16any public body and its employee for the employee's resignation
17in exchange for payment by the public body.
18(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
1999-78, eff. 7-20-15; 99-478, eff. 6-1-16.)