Full Text of HB4773 98th General Assembly
HB4773eng 98TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Department of Children and Family Services Statewide Youth | 6 | | Advisory Board Act. | 7 | | Section 5. Statewide Youth Advisory Board; regional youth | 8 | | advisory boards. The Department of Children and Family Services | 9 | | shall convene and maintain a Statewide Youth Advisory Board and | 10 | | regional youth advisory boards. Each regional youth advisory | 11 | | board shall work with the Department or its designee to | 12 | | determine how to best provide services to current and former | 13 | | youth in foster care living within each of the regions. The | 14 | | Statewide Youth Advisory Board shall advise the Department and | 15 | | the General Assembly with respect to all matters involving or | 16 | | affecting current and former youth in foster care. | 17 | | Responsibilities of the Statewide Youth Advisory Board shall | 18 | | include: | 19 | | (1) providing the Department and the General Assembly with | 20 | | the perspective of youth under the care of the Department; | 21 | | (2) identifying, analyzing, and recommending solutions to | 22 | | any issues concerning adoption and guardianship and youth in | 23 | | foster care; |
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| 1 | | (3) reviewing and advising the Department on proposed or | 2 | | pending legislation, primarily as it concerns current and | 3 | | former youth in foster care; and | 4 | | (4) reviewing and making recommendations on Department | 5 | | foster care and child welfare service delivery policies, | 6 | | guidelines, procedures, and training. | 7 | | Section 10. Membership. | 8 | | (a) The Statewide Youth Advisory Board shall consist of | 9 | | executive regional board members elected to represent the | 10 | | regional youth advisory boards. | 11 | | (b) The Statewide Youth Advisory Board and each regional | 12 | | youth advisory board shall be composed of youth 14 to 21 years | 13 | | of age who are former or current youth in foster care appointed | 14 | | by the Department of Children and Family Services or its | 15 | | designee. | 16 | | Section 15. Meetings. | 17 | | (a) Regular meetings of the regional youth advisory boards | 18 | | shall be held monthly. | 19 | | (b) Regular meetings of the Statewide Youth Advisory Board | 20 | | shall be held at least 5 times per year. | 21 | | (c) The Director of the Department or his or her designee | 22 | | shall meet with the Statewide Youth Advisory Board at least | 23 | | quarterly in order to discuss the issues and concerns of youth | 24 | | in foster care. |
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| 1 | | (d) All meetings shall take place at locations, dates, and | 2 | | times determined by the Department or its designee in | 3 | | accordance with the bylaws for the Statewide Youth Advisory | 4 | | Board and the regional
youth advisory boards. | 5 | | Section 20. Operations. The Department or its designee | 6 | | shall manage each board, facilitate meetings, and develop | 7 | | further necessary procedures, including, but not limited to, | 8 | | bylaws for the Statewide Youth Advisory Board and the regional | 9 | | youth advisory boards. The Department shall provide funding | 10 | | necessary to maintain the operations of each board. The | 11 | | Department shall not provide a Statewide Youth Advisory Board | 12 | | or a regional youth advisory board with any records or | 13 | | information that a public body may withhold or redact pursuant | 14 | | to Section 7 of the Freedom of Information Act. | 15 | | Section 25. Reporting. The Statewide Youth Advisory Board | 16 | | shall report annually to the General Assembly on issues | 17 | | concerning adoption and guardianship and youth in foster care, | 18 | | and make recommendations regarding legislation, policies, | 19 | | guidelines, procedures, and training. | 20 | | Section 30. Public access to information. | 21 | | (a) Meetings of the Statewide Youth Advisory Board and each | 22 | | regional youth advisory board shall be closed to the public. | 23 | | Meetings of the Statewide Youth Advisory Board and each |
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| 1 | | regional youth advisory board shall not be subject to the Open | 2 | | Meetings Act. | 3 | | (b) Records and information produced by the Statewide Youth | 4 | | Advisory Board and each regional youth advisory board, except a | 5 | | report submitted to the General Assembly pursuant to Section 25 | 6 | | of this Act, shall be confidential and not subject to the | 7 | | Freedom of Information Act. | 8 | | Section 35. The Open Meetings Act is amended by changing | 9 | | Section 1.02 as follows: | 10 | | (5 ILCS 120/1.02) (from Ch. 102, par. 41.02) | 11 | | Sec. 1.02. For the purposes of this Act:
| 12 | | "Meeting" means any gathering, whether in person or by | 13 | | video or audio conference, telephone call, electronic means | 14 | | (such as, without limitation, electronic mail, electronic | 15 | | chat, and instant messaging), or other means of contemporaneous | 16 | | interactive communication, of a majority of a quorum of the | 17 | | members of a
public body held for the purpose of discussing | 18 | | public
business or, for a 5-member public body, a quorum of the | 19 | | members of a public body held for the purpose of discussing | 20 | | public business. | 21 | | Accordingly, for a 5-member public body, 3 members of the | 22 | | body constitute a quorum and the affirmative vote of 3 members | 23 | | is necessary to adopt any motion, resolution, or ordinance, | 24 | | unless a greater number is otherwise required.
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| 1 | | "Public body" includes all legislative, executive, | 2 | | administrative or advisory
bodies of the State, counties, | 3 | | townships, cities, villages, incorporated
towns, school | 4 | | districts and all other municipal corporations, boards, | 5 | | bureaus,
committees or commissions of this State, and any | 6 | | subsidiary bodies of any
of the foregoing including but not | 7 | | limited to committees and subcommittees
which are supported in | 8 | | whole or in part by tax revenue, or which expend tax
revenue, | 9 | | except the General Assembly and committees or commissions | 10 | | thereof.
"Public body" includes tourism boards and convention | 11 | | or civic center
boards located in counties that are contiguous | 12 | | to the Mississippi River with
populations of more than 250,000 | 13 | | but less than 300,000. "Public body"
includes the Health | 14 | | Facilities and Services Review Board. "Public body" does not
| 15 | | include a child death review team or the Illinois Child Death | 16 | | Review Teams
Executive Council established under
the Child | 17 | | Death Review Team Act, an ethics commission acting under the | 18 | | State Officials and
Employees Ethics Act, a regional youth | 19 | | advisory board or the Statewide Youth Advisory Board | 20 | | established under the Department of Children and Family | 21 | | Services Statewide Youth Advisory Board Act, or the Illinois | 22 | | Independent Tax Tribunal.
| 23 | | (Source: P.A. 96-31, eff. 6-30-09; 97-1129, eff. 8-28-12.)
| 24 | | Section 40. The Freedom of Information Act is amended by | 25 | | changing 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, | 4 | | administrative, or advisory bodies of the State, state | 5 | | universities
and colleges, counties, townships, cities, | 6 | | villages, incorporated towns,
school districts and all other | 7 | | municipal corporations,
boards, bureaus, committees, or | 8 | | commissions of this State, any
subsidiary
bodies of any of the | 9 | | foregoing including but not limited to committees and
| 10 | | subcommittees thereof, and a School Finance Authority created | 11 | | under
Article 1E of the School Code.
"Public body" does not | 12 | | include a child death review team
or the Illinois Child Death | 13 | | Review Teams
Executive Council
established under
the Child | 14 | | Death Review Team Act , or a regional youth advisory board or | 15 | | the Statewide Youth Advisory Board established under the | 16 | | Department of Children and Family Services Statewide Youth | 17 | | Advisory Board Act .
| 18 | | (b) "Person" means any individual, corporation, | 19 | | partnership, firm,
organization
or association, acting | 20 | | individually or as a group.
| 21 | | (c) "Public records" means all records, reports, forms, | 22 | | writings, letters,
memoranda, books, papers, maps, | 23 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 24 | | data processing records, electronic communications, recorded | 25 | | information and all other
documentary
materials pertaining to |
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| 1 | | the transaction of public business, regardless of physical form | 2 | | or characteristics, having been
prepared by or for, or having | 3 | | been or being used by, received by, in the possession of, or | 4 | | under the
control
of
any public body. | 5 | | (c-5) "Private information" means unique identifiers, | 6 | | including a person's social security number, driver's license | 7 | | number, employee identification number, biometric identifiers, | 8 | | personal financial information, passwords or other access | 9 | | codes, medical records, home or personal telephone numbers, and | 10 | | personal email addresses. Private information also includes | 11 | | home address and personal license plates, except as otherwise | 12 | | provided by law or when compiled without possibility of | 13 | | attribution to any person. | 14 | | (c-10) "Commercial purpose" means the use of any part of a | 15 | | public record or records, or information derived from public | 16 | | records, in any form for sale, resale, or solicitation or | 17 | | advertisement for sales or services. For purposes of this | 18 | | definition, requests made by news media and non-profit, | 19 | | scientific, or academic organizations shall not be considered | 20 | | to be made for a "commercial purpose" when the principal | 21 | | purpose of the request is (i) to access and disseminate | 22 | | information concerning news and current or passing events, (ii) | 23 | | for articles of opinion or features of interest to the public, | 24 | | or (iii) for the purpose of academic, scientific, or public | 25 | | research or education.
| 26 | | (d) "Copying" means the reproduction of any public record |
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| 1 | | by means of any
photographic, electronic, mechanical or other | 2 | | process, device or means now known or hereafter developed and | 3 | | available to the public body.
| 4 | | (e) "Head of the public body" means the president, mayor, | 5 | | chairman,
presiding
officer, director, superintendent, | 6 | | manager, supervisor or individual otherwise
holding primary | 7 | | executive and administrative authority for the public
body, or | 8 | | such person's duly authorized designee.
| 9 | | (f) "News media" means a newspaper or other periodical | 10 | | issued at regular
intervals whether in print or electronic | 11 | | format, a news service whether
in print or electronic format, a | 12 | | radio
station, a television station, a television network, a | 13 | | community
antenna television service, or a person or | 14 | | corporation engaged in making news
reels or other motion | 15 | | picture news for public showing.
| 16 | | (g) "Recurrent requester", as used in Section 3.2 of this | 17 | | Act, means a person that, in the 12 months immediately | 18 | | preceding the request, has submitted to the same public body | 19 | | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | 20 | | requests for records within a 30-day period, or (iii) a minimum | 21 | | of 7 requests for records within a 7-day period. For purposes | 22 | | of this definition, requests made by news media and non-profit, | 23 | | scientific, or academic organizations shall not be considered | 24 | | in calculating the number of requests made in the time periods | 25 | | in this definition when the principal purpose of the requests | 26 | | is (i) to access and disseminate information concerning news |
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| 1 | | and current or passing events, (ii) for articles of opinion or | 2 | | features of interest to the public, or (iii) for the purpose of | 3 | | academic, scientific, or public research or education. | 4 | | For the purposes of this subsection (g), "request" means a | 5 | | written document (or oral request, if the public body chooses | 6 | | to honor oral requests) that is submitted to a public body via | 7 | | personal delivery, mail, telefax, electronic mail, or other | 8 | | means available to the public body and that identifies the | 9 | | particular public record the requester seeks. One request may | 10 | | identify multiple records to be inspected or copied. | 11 | | (Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10; | 12 | | 96-1000, eff. 7-2-10; 97-579, eff. 8-26-11.)
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