Full Text of SB0036 100th General Assembly
SB0036sam001 100TH GENERAL ASSEMBLY | Sen. Thomas Cullerton Filed: 5/29/2018
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| 1 | | AMENDMENT TO SENATE BILL 36
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 36 by replacing | 3 | | everything after the enacting clause with the following:
| 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. |
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| 1 | | Accordingly, for a 5-member public body, 3 members of the | 2 | | body constitute a quorum and the affirmative vote of 3 members | 3 | | is necessary to adopt any motion, resolution, or ordinance, | 4 | | unless a greater number is otherwise required.
| 5 | | "Public body" includes all legislative, executive, | 6 | | administrative or advisory
bodies of the State, counties, | 7 | | townships, cities, villages, incorporated
towns, school | 8 | | districts and all other municipal corporations, boards, | 9 | | bureaus,
committees or commissions of this State, and any | 10 | | subsidiary bodies of any
of the foregoing including but not | 11 | | limited to committees and subcommittees
which are supported in | 12 | | whole or in part by tax revenue, or which expend tax
revenue, | 13 | | except the General Assembly and committees or commissions | 14 | | thereof.
"Public body" includes tourism boards , for-profit and | 15 | | not-for-profit tourism organizations receiving public moneys, | 16 | | and convention or civic center
boards located in any county | 17 | | counties that are contiguous to the Mississippi River with
| 18 | | populations of more than 250,000 but less than 300,000 . "Public | 19 | | body"
includes the Health Facilities and Services Review Board. | 20 | | "Public body" does not
include a child death review team or the | 21 | | Illinois Child Death Review Teams
Executive Council | 22 | | established under
the Child Death Review Team Act, an ethics | 23 | | commission acting under the State Officials and
Employees | 24 | | Ethics Act, a regional youth advisory board or the Statewide | 25 | | Youth Advisory Board established under the Department of | 26 | | Children and Family Services Statewide Youth Advisory Board |
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| 1 | | Act, or the Illinois Independent Tax Tribunal.
| 2 | | (Source: P.A. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15 .)
| 3 | | Section 10. The Freedom of Information Act is amended by | 4 | | changing Section 2 as follows:
| 5 | | (5 ILCS 140/2) (from Ch. 116, par. 202)
| 6 | | Sec. 2. Definitions. As used in this Act:
| 7 | | (a) "Public body" means all legislative,
executive, | 8 | | administrative, or advisory bodies of the State, state | 9 | | universities
and colleges, counties, townships, cities, | 10 | | villages, incorporated towns,
school districts and all other | 11 | | municipal corporations,
boards, bureaus, committees, or | 12 | | commissions of this State, any
subsidiary
bodies of any of the | 13 | | foregoing including but not limited to committees and
| 14 | | subcommittees thereof, and a School Finance Authority created | 15 | | under
Article 1E of the School Code. "Public body" also | 16 | | includes any for-profit or not-for-profit tourism board, or | 17 | | tourism organization, receiving public moneys.
"Public body" | 18 | | does not include a child death review team
or the Illinois | 19 | | Child Death Review Teams
Executive Council
established under
| 20 | | the Child Death Review Team Act, or a regional youth advisory | 21 | | board or the Statewide Youth Advisory Board established under | 22 | | the Department of Children and Family Services Statewide Youth | 23 | | Advisory Board Act.
| 24 | | (b) "Person" means any individual, corporation, |
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| 1 | | partnership, firm,
organization
or association, acting | 2 | | individually or as a group.
| 3 | | (c) "Public records" means all records, reports, forms, | 4 | | writings, letters,
memoranda, books, papers, maps, | 5 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 6 | | data processing records, electronic communications, recorded | 7 | | information and all other
documentary
materials pertaining to | 8 | | the transaction of public business, regardless of physical form | 9 | | or characteristics, having been
prepared by or for, or having | 10 | | been or being used by, received by, in the possession of, or | 11 | | under the
control
of
any public body. | 12 | | (c-5) "Private information" means unique identifiers, | 13 | | including a person's social security number, driver's license | 14 | | number, employee identification number, biometric identifiers, | 15 | | personal financial information, passwords or other access | 16 | | codes, medical records, home or personal telephone numbers, and | 17 | | personal email addresses. Private information also includes | 18 | | home address and personal license plates, except as otherwise | 19 | | provided by law or when compiled without possibility of | 20 | | attribution to any person. | 21 | | (c-10) "Commercial purpose" means the use of any part of a | 22 | | public record or records, or information derived from public | 23 | | records, in any form for sale, resale, or solicitation or | 24 | | advertisement for sales or services. For purposes of this | 25 | | definition, requests made by news media and non-profit, | 26 | | scientific, or academic organizations shall not be considered |
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| 1 | | to be made for a "commercial purpose" when the principal | 2 | | purpose of the request is (i) to access and disseminate | 3 | | information concerning news and current or passing events, (ii) | 4 | | for articles of opinion or features of interest to the public, | 5 | | or (iii) for the purpose of academic, scientific, or public | 6 | | research or education.
| 7 | | (d) "Copying" means the reproduction of any public record | 8 | | by means of any
photographic, electronic, mechanical or other | 9 | | process, device or means now known or hereafter developed and | 10 | | available to the public body.
| 11 | | (e) "Head of the public body" means the president, mayor, | 12 | | chairman,
presiding
officer, director, superintendent, | 13 | | manager, supervisor or individual otherwise
holding primary | 14 | | executive and administrative authority for the public
body, or | 15 | | such person's duly authorized designee.
| 16 | | (f) "News media" means a newspaper or other periodical | 17 | | issued at regular
intervals whether in print or electronic | 18 | | format, a news service whether
in print or electronic format, a | 19 | | radio
station, a television station, a television network, a | 20 | | community
antenna television service, or a person or | 21 | | corporation engaged in making news
reels or other motion | 22 | | picture news for public showing.
| 23 | | (g) "Recurrent requester", as used in Section 3.2 of this | 24 | | Act, means a person that, in the 12 months immediately | 25 | | preceding the request, has submitted to the same public body | 26 | | (i) a minimum of 50 requests for records, (ii) a minimum of 15 |
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| 1 | | requests for records within a 30-day period, or (iii) a minimum | 2 | | of 7 requests for records within a 7-day period. For purposes | 3 | | of this definition, requests made by news media and non-profit, | 4 | | scientific, or academic organizations shall not be considered | 5 | | in calculating the number of requests made in the time periods | 6 | | in this definition when the principal purpose of the requests | 7 | | is (i) to access and disseminate information concerning news | 8 | | and current or passing events, (ii) for articles of opinion or | 9 | | features of interest to the public, or (iii) for the purpose of | 10 | | academic, scientific, or public research or education. | 11 | | For the purposes of this subsection (g), "request" means a | 12 | | written document (or oral request, if the public body chooses | 13 | | to honor oral requests) that is submitted to a public body via | 14 | | personal delivery, mail, telefax, electronic mail, or other | 15 | | means available to the public body and that identifies the | 16 | | particular public record the requester seeks. One request may | 17 | | identify multiple records to be inspected or copied. | 18 | | (h) "Voluminous request" means a request that: (i) includes | 19 | | more than 5 individual requests for more than 5 different | 20 | | categories of records or a combination of individual requests | 21 | | that total requests for more than 5 different categories of | 22 | | records in a period of 20 business days; or (ii) requires the | 23 | | compilation of more than 500 letter or legal-sized pages of | 24 | | public records unless a single requested record exceeds 500 | 25 | | pages. "Single requested record" may include, but is not | 26 | | limited to, one report, form, e-mail, letter, memorandum, book, |
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| 1 | | map, microfilm, tape, or recording. | 2 | | "Voluminous request" does not include a request made by | 3 | | news media and non-profit, scientific, or academic | 4 | | organizations if the principal purpose of the request is: (1) | 5 | | to access and disseminate information concerning news and | 6 | | current or passing events; (2) for articles of opinion or | 7 | | features of interest to the public; or (3) for the purpose of | 8 | | academic, scientific, or public research or education. | 9 | | For the purposes of this subsection (h), "request" means a | 10 | | written document, or oral request, if the public body chooses | 11 | | to honor oral requests, that is submitted to a public body via | 12 | | personal delivery, mail, telefax, electronic mail, or other | 13 | | means available to the public body and that identifies the | 14 | | particular public record or records the requester seeks. One | 15 | | request may identify multiple individual records to be | 16 | | inspected or copied. | 17 | | (i) "Severance agreement" means a mutual agreement between | 18 | | any public body and its employee for the employee's resignation | 19 | | in exchange for payment by the public body. | 20 | | (Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14; | 21 | | 99-78, eff. 7-20-15; 99-478, eff. 6-1-16 .)
| 22 | | Section 15. The Counties Code is amended by changing | 23 | | Section 5-1038 as follows:
| 24 | | (55 ILCS 5/5-1038) (from Ch. 34, par. 5-1038)
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| 1 | | Sec. 5-1038. Historical museums; tourism grants. A county | 2 | | board may
own and operate historical museums and may make | 3 | | grants to not-for-profit
tourism organizations from federal, | 4 | | State or any other monies available. Any not-for-profit tourism | 5 | | organization receiving State or other public monies from a | 6 | | county board must disclose all employee salaries and all | 7 | | expenses on its publicly accessible website. If a | 8 | | not-for-profit tourism board receiving State or other public | 9 | | monies from a county board does not have a publicly accessible | 10 | | website, then the board shall, within 30 days of the effective | 11 | | date of this amendatory Act of the 100th General Assembly, | 12 | | create such a website and publish the salary and expense | 13 | | information on that website.
| 14 | | (Source: P.A. 86-962; 86-1028.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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