Public Act 098-0806
 
HB4773 EnrolledLRB098 16799 KTG 51868 b

    AN ACT concerning State government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the
Department of Children and Family Services Statewide Youth
Advisory Board Act.
 
    Section 5. Statewide Youth Advisory Board; regional youth
advisory boards. The Department of Children and Family Services
shall convene and maintain a Statewide Youth Advisory Board and
regional youth advisory boards. Each regional youth advisory
board shall work with the Department or its designee to
determine how to best provide services to current and former
youth in foster care living within each of the regions. The
Statewide Youth Advisory Board shall advise the Department and
the General Assembly with respect to all matters involving or
affecting current and former youth in foster care.
Responsibilities of the Statewide Youth Advisory Board shall
include:
    (1) providing the Department and the General Assembly with
the perspective of youth under the care of the Department;
    (2) identifying, analyzing, and recommending solutions to
any issues concerning adoption and guardianship and youth in
foster care;
    (3) reviewing and advising the Department on proposed or
pending legislation, primarily as it concerns current and
former youth in foster care; and
    (4) reviewing and making recommendations on Department
foster care and child welfare service delivery policies,
guidelines, procedures, and training.
 
    Section 10. Membership.
    (a) The Statewide Youth Advisory Board shall consist of
executive regional board members elected to represent the
regional youth advisory boards.
    (b) The Statewide Youth Advisory Board and each regional
youth advisory board shall be composed of youth 14 to 21 years
of age who are former or current youth in foster care appointed
by the Department of Children and Family Services or its
designee.
 
    Section 15. Meetings.
    (a) Regular meetings of the regional youth advisory boards
shall be held monthly.
    (b) Regular meetings of the Statewide Youth Advisory Board
shall be held at least 5 times per year.
    (c) The Director of the Department or his or her designee
shall meet with the Statewide Youth Advisory Board at least
quarterly in order to discuss the issues and concerns of youth
in foster care.
    (d) All meetings shall take place at locations, dates, and
times determined by the Department or its designee in
accordance with the bylaws for the Statewide Youth Advisory
Board and the regional youth advisory boards.
 
    Section 20. Operations. The Department or its designee
shall manage each board, facilitate meetings, and develop
further necessary procedures, including, but not limited to,
bylaws for the Statewide Youth Advisory Board and the regional
youth advisory boards. The Department shall provide funding
necessary to maintain the operations of each board. The
Department shall not provide a Statewide Youth Advisory Board
or a regional youth advisory board with any records or
information that a public body may withhold or redact pursuant
to Section 7 of the Freedom of Information Act.
 
    Section 25. Reporting. The Statewide Youth Advisory Board
shall report annually to the General Assembly on issues
concerning adoption and guardianship and youth in foster care,
and make recommendations regarding legislation, policies,
guidelines, procedures, and training.
 
    Section 30. Public access to information.
    (a) Meetings of the Statewide Youth Advisory Board and each
regional youth advisory board shall be closed to the public.
Meetings of the Statewide Youth Advisory Board and each
regional youth advisory board shall not be subject to the Open
Meetings Act.
    (b) Records and information produced by the Statewide Youth
Advisory Board and each regional youth advisory board, except a
report submitted to the General Assembly pursuant to Section 25
of this Act, shall be confidential and not subject to the
Freedom of Information Act.
 
    Section 35. The Open Meetings Act is amended by changing
Section 1.02 as follows:
 
    (5 ILCS 120/1.02)  (from Ch. 102, par. 41.02)
    Sec. 1.02. For the purposes of this Act:
    "Meeting" means any gathering, whether in person or by
video or audio conference, telephone call, electronic means
(such as, without limitation, electronic mail, electronic
chat, and instant messaging), or other means of contemporaneous
interactive communication, of a majority of a quorum of the
members of a public body held for the purpose of discussing
public business or, for a 5-member public body, a quorum of the
members of a public body held for the purpose of discussing
public business.
    Accordingly, for a 5-member public body, 3 members of the
body constitute a quorum and the affirmative vote of 3 members
is necessary to adopt any motion, resolution, or ordinance,
unless a greater number is otherwise required.
    "Public body" includes all legislative, executive,
administrative or advisory bodies of the State, counties,
townships, cities, villages, incorporated towns, school
districts and all other municipal corporations, boards,
bureaus, committees or commissions of this State, and any
subsidiary bodies of any of the foregoing including but not
limited to committees and subcommittees which are supported in
whole or in part by tax revenue, or which expend tax revenue,
except the General Assembly and committees or commissions
thereof. "Public body" includes tourism boards and convention
or civic center boards located in counties that are contiguous
to the Mississippi River with populations of more than 250,000
but less than 300,000. "Public body" includes the Health
Facilities and Services Review Board. "Public body" does not
include a child death review team or the Illinois Child Death
Review Teams Executive Council established under the Child
Death Review Team Act, an ethics commission acting under the
State Officials and Employees Ethics Act, a regional youth
advisory board or the Statewide Youth Advisory Board
established under the Department of Children and Family
Services Statewide Youth Advisory Board Act, or the Illinois
Independent Tax Tribunal.
(Source: P.A. 96-31, eff. 6-30-09; 97-1129, eff. 8-28-12.)
 
    Section 40. The Freedom of Information Act is amended by
changing Section 2 as follows:
 
    (5 ILCS 140/2)  (from Ch. 116, par. 202)
    Sec. 2. Definitions. As used in this Act:
    (a) "Public body" means all legislative, executive,
administrative, or advisory bodies of the State, state
universities and colleges, counties, townships, cities,
villages, incorporated towns, school districts and all other
municipal corporations, boards, bureaus, committees, or
commissions of this State, any subsidiary bodies of any of the
foregoing including but not limited to committees and
subcommittees thereof, and a School Finance Authority created
under Article 1E of the School Code. "Public body" does not
include a child death review team or the Illinois Child Death
Review Teams Executive Council established under the Child
Death Review Team Act, or a regional youth advisory board or
the Statewide Youth Advisory Board established under the
Department of Children and Family Services Statewide Youth
Advisory Board Act.
    (b) "Person" means any individual, corporation,
partnership, firm, organization or association, acting
individually or as a group.
    (c) "Public records" means all records, reports, forms,
writings, letters, memoranda, books, papers, maps,
photographs, microfilms, cards, tapes, recordings, electronic
data processing records, electronic communications, recorded
information and all other documentary materials pertaining to
the transaction of public business, regardless of physical form
or characteristics, having been prepared by or for, or having
been or being used by, received by, in the possession of, or
under the control of any public body.
    (c-5) "Private information" means unique identifiers,
including a person's social security number, driver's license
number, employee identification number, biometric identifiers,
personal financial information, passwords or other access
codes, medical records, home or personal telephone numbers, and
personal email addresses. Private information also includes
home address and personal license plates, except as otherwise
provided by law or when compiled without possibility of
attribution to any person.
    (c-10) "Commercial purpose" means the use of any part of a
public record or records, or information derived from public
records, in any form for sale, resale, or solicitation or
advertisement for sales or services. For purposes of this
definition, requests made by news media and non-profit,
scientific, or academic organizations shall not be considered
to be made for a "commercial purpose" when the principal
purpose of the request is (i) to access and disseminate
information concerning news and current or passing events, (ii)
for articles of opinion or features of interest to the public,
or (iii) for the purpose of academic, scientific, or public
research or education.
    (d) "Copying" means the reproduction of any public record
by means of any photographic, electronic, mechanical or other
process, device or means now known or hereafter developed and
available to the public body.
    (e) "Head of the public body" means the president, mayor,
chairman, presiding officer, director, superintendent,
manager, supervisor or individual otherwise holding primary
executive and administrative authority for the public body, or
such person's duly authorized designee.
    (f) "News media" means a newspaper or other periodical
issued at regular intervals whether in print or electronic
format, a news service whether in print or electronic format, a
radio station, a television station, a television network, a
community antenna television service, or a person or
corporation engaged in making news reels or other motion
picture news for public showing.
    (g) "Recurrent requester", as used in Section 3.2 of this
Act, means a person that, in the 12 months immediately
preceding the request, has submitted to the same public body
(i) a minimum of 50 requests for records, (ii) a minimum of 15
requests for records within a 30-day period, or (iii) a minimum
of 7 requests for records within a 7-day period. For purposes
of this definition, requests made by news media and non-profit,
scientific, or academic organizations shall not be considered
in calculating the number of requests made in the time periods
in this definition when the principal purpose of the requests
is (i) to access and disseminate information concerning news
and current or passing events, (ii) for articles of opinion or
features of interest to the public, or (iii) for the purpose of
academic, scientific, or public research or education.
    For the purposes of this subsection (g), "request" means a
written document (or oral request, if the public body chooses
to honor oral requests) that is submitted to a public body via
personal delivery, mail, telefax, electronic mail, or other
means available to the public body and that identifies the
particular public record the requester seeks. One request may
identify multiple records to be inspected or copied.
(Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10;
96-1000, eff. 7-2-10; 97-579, eff. 8-26-11.)