Full Text of SB3668 98th General Assembly
SB3668 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3668 Introduced 11/7/2014, by Sen. Thomas Cullerton SYNOPSIS AS INTRODUCED: |
| 5 ILCS 120/1.02 | from Ch. 102, par. 41.02 | 5 ILCS 140/2 | from Ch. 116, par. 202 | 55 ILCS 5/5-1038 | from Ch. 34, par. 5-1038 |
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Amends the Open Meetings Act. Adds for-profit and not-for profit tourism organizations receiving public moneys to the definition of "public body". Makes similar changes in the Freedom of Information Act. Amends the Counties Code. Requires any not-for-profit tourism organization receiving State or other public monies to disclose all expenses and employee salary information on its website. Requires a not-for profit tourism organization to create a website within 30 days of the effective date of the amendatory Act if it does not currently maintain a website. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Open Meetings Act is amended by changing | 5 | | Section 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 | 9 | | video or audio conference, telephone call, electronic means | 10 | | (such as, without limitation, electronic mail, electronic | 11 | | chat, and instant messaging), or other means of contemporaneous | 12 | | interactive communication, of a majority of a quorum of the | 13 | | members of a
public body held for the purpose of discussing | 14 | | public
business or, for a 5-member public body, a quorum of the | 15 | | members of a public body held for the purpose of discussing | 16 | | public business. | 17 | | Accordingly, for a 5-member public body, 3 members of the | 18 | | body constitute a quorum and the affirmative vote of 3 members | 19 | | is necessary to adopt any motion, resolution, or ordinance, | 20 | | unless a greater number is otherwise required.
| 21 | | "Public body" includes all legislative, executive, | 22 | | administrative or advisory
bodies of the State, counties, | 23 | | townships, cities, villages, incorporated
towns, school |
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| 1 | | districts and all other municipal corporations, boards, | 2 | | bureaus,
committees or commissions of this State, and any | 3 | | subsidiary bodies of any
of the foregoing including but not | 4 | | limited to committees and subcommittees
which are supported in | 5 | | whole or in part by tax revenue, or which expend tax
revenue, | 6 | | except the General Assembly and committees or commissions | 7 | | thereof.
"Public body" includes tourism boards , for-profit and | 8 | | not-for-profit tourism organizations receiving public moneys, | 9 | | and convention or civic center
boards located in any county | 10 | | counties that are contiguous to the Mississippi River with
| 11 | | populations of more than 250,000 but less than 300,000 . "Public | 12 | | body"
includes the Health Facilities and Services Review Board. | 13 | | "Public body" does not
include a child death review team or the | 14 | | Illinois Child Death Review Teams
Executive Council | 15 | | established under
the Child Death Review Team Act, an ethics | 16 | | commission acting under the State Officials and
Employees | 17 | | Ethics Act, or the Illinois Independent Tax Tribunal.
| 18 | | (Source: P.A. 96-31, eff. 6-30-09; 97-1129, eff. 8-28-12.)
| 19 | | Section 10. The Freedom of Information Act is amended by | 20 | | changing Section 2 as follows:
| 21 | | (5 ILCS 140/2) (from Ch. 116, par. 202)
| 22 | | Sec. 2. Definitions. As used in this Act:
| 23 | | (a) "Public body" means all legislative,
executive, | 24 | | administrative, or advisory bodies of the State, state |
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| 1 | | universities
and colleges, counties, townships, cities, | 2 | | villages, incorporated towns,
school districts and all other | 3 | | municipal corporations,
boards, bureaus, committees, or | 4 | | commissions of this State, any
subsidiary
bodies of any of the | 5 | | foregoing including but not limited to committees and
| 6 | | subcommittees thereof, and a School Finance Authority created | 7 | | under
Article 1E of the School Code. "Public body" also | 8 | | includes any for-profit or not-for-profit tourism board, or | 9 | | tourism organization, receiving public moneys.
"Public body" | 10 | | does not include a child death review team
or the Illinois | 11 | | Child Death Review Teams
Executive Council
established under
| 12 | | the Child Death Review Team Act.
| 13 | | (b) "Person" means any individual, corporation, | 14 | | partnership, firm,
organization
or association, acting | 15 | | individually or as a group.
| 16 | | (c) "Public records" means all records, reports, forms, | 17 | | writings, letters,
memoranda, books, papers, maps, | 18 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 19 | | data processing records, electronic communications, recorded | 20 | | information and all other
documentary
materials pertaining to | 21 | | the transaction of public business, regardless of physical form | 22 | | or characteristics, having been
prepared by or for, or having | 23 | | been or being used by, received by, in the possession of, or | 24 | | under the
control
of
any public body. | 25 | | (c-5) "Private information" means unique identifiers, | 26 | | including a person's social security number, driver's license |
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| 1 | | number, employee identification number, biometric identifiers, | 2 | | personal financial information, passwords or other access | 3 | | codes, medical records, home or personal telephone numbers, and | 4 | | personal email addresses. Private information also includes | 5 | | home address and personal license plates, except as otherwise | 6 | | provided by law or when compiled without possibility of | 7 | | attribution to any person. | 8 | | (c-10) "Commercial purpose" means the use of any part of a | 9 | | public record or records, or information derived from public | 10 | | records, in any form for sale, resale, or solicitation or | 11 | | advertisement for sales or services. For purposes of this | 12 | | definition, requests made by news media and non-profit, | 13 | | scientific, or academic organizations shall not be considered | 14 | | to be made for a "commercial purpose" when the principal | 15 | | purpose of the request is (i) to access and disseminate | 16 | | information concerning news and current or passing events, (ii) | 17 | | for articles of opinion or features of interest to the public, | 18 | | or (iii) for the purpose of academic, scientific, or public | 19 | | research or education.
| 20 | | (d) "Copying" means the reproduction of any public record | 21 | | by means of any
photographic, electronic, mechanical or other | 22 | | process, device or means now known or hereafter developed and | 23 | | available to the public body.
| 24 | | (e) "Head of the public body" means the president, mayor, | 25 | | chairman,
presiding
officer, director, superintendent, | 26 | | manager, supervisor or individual otherwise
holding primary |
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| 1 | | executive and administrative authority for the public
body, or | 2 | | such person's duly authorized designee.
| 3 | | (f) "News media" means a newspaper or other periodical | 4 | | issued at regular
intervals whether in print or electronic | 5 | | format, a news service whether
in print or electronic format, a | 6 | | radio
station, a television station, a television network, a | 7 | | community
antenna television service, or a person or | 8 | | corporation engaged in making news
reels or other motion | 9 | | picture news for public showing.
| 10 | | (g) "Recurrent requester", as used in Section 3.2 of this | 11 | | Act, means a person that, in the 12 months immediately | 12 | | preceding the request, has submitted to the same public body | 13 | | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | 14 | | requests for records within a 30-day period, or (iii) a minimum | 15 | | of 7 requests for records within a 7-day period. For purposes | 16 | | of this definition, requests made by news media and non-profit, | 17 | | scientific, or academic organizations shall not be considered | 18 | | in calculating the number of requests made in the time periods | 19 | | in this definition when the principal purpose of the requests | 20 | | is (i) to access and disseminate information concerning news | 21 | | and current or passing events, (ii) for articles of opinion or | 22 | | features of interest to the public, or (iii) for the purpose of | 23 | | academic, scientific, or public research or education. | 24 | | For the purposes of this subsection (g), "request" means a | 25 | | written document (or oral request, if the public body chooses | 26 | | to honor oral requests) that is submitted to a public body via |
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| 1 | | personal delivery, mail, telefax, electronic mail, or other | 2 | | means available to the public body and that identifies the | 3 | | particular public record the requester seeks. One request may | 4 | | identify multiple records to be inspected or copied. | 5 | | (Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10; | 6 | | 96-1000, eff. 7-2-10; 97-579, eff. 8-26-11.)
| 7 | | Section 15. The Counties Code is amended by changing | 8 | | Section 5-1038 as follows:
| 9 | | (55 ILCS 5/5-1038) (from Ch. 34, par. 5-1038)
| 10 | | Sec. 5-1038. Historical museums; tourism grants. A county | 11 | | board may
own and operate historical museums and may make | 12 | | grants to not-for-profit
tourism organizations from federal, | 13 | | State or any other monies available. Any not-for-profit tourism | 14 | | organization receiving State or other public monies from a | 15 | | county board must disclose all employee salaries and all | 16 | | expenses on its publicly accessible website. If a | 17 | | not-for-profit tourism board receiving State or other public | 18 | | monies from a county board does not have a publicly accessible | 19 | | website, then the board shall, within 30 days of the effective | 20 | | date of this amendatory Act of the 98th General Assembly, | 21 | | create such a website and publish the salary and expense | 22 | | information on that website.
| 23 | | (Source: P.A. 86-962; 86-1028.)
| 24 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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