Full Text of HB6020 99th General Assembly
HB6020 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB6020 Introduced , by Rep. Sam Yingling SYNOPSIS AS INTRODUCED: | | 5 ILCS 120/1.02 | from Ch. 102, par. 41.02 | 5 ILCS 140/2 | from Ch. 116, par. 202 |
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Amends the Open Meetings Act and the Freedom of Information Act. Specifies that the term "public body" includes any member-based organization that lobbies on behalf of one or more taxing bodies and is funded in majority by tax dollars paid to it by its governmental membership. |
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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 any member-based organization | 8 | | that lobbies on behalf of one or more taxing bodies and is | 9 | | funded in majority by tax dollars paid to it by its | 10 | | governmental membership.
"Public body" includes tourism boards | 11 | | and convention or civic center
boards located in counties that | 12 | | are contiguous to the Mississippi River with
populations of | 13 | | more than 250,000 but less than 300,000. "Public body"
includes | 14 | | the Health Facilities and Services Review Board. "Public body" | 15 | | does not
include a child death review team or the Illinois | 16 | | Child Death Review Teams
Executive Council established under
| 17 | | the Child Death Review Team Act, an ethics commission acting | 18 | | under the State Officials and
Employees Ethics Act, a regional | 19 | | youth 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. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15 .)
| 24 | | Section 10. 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 | | (Text of Section before amendment by P.A. 99-478 )
| 3 | | Sec. 2. Definitions. As used in this Act:
| 4 | | (a) "Public body" means all legislative,
executive, | 5 | | administrative, or advisory bodies of the State, state | 6 | | universities
and colleges, counties, townships, cities, | 7 | | villages, incorporated towns,
school districts and all other | 8 | | municipal corporations,
boards, bureaus, committees, or | 9 | | commissions of this State, any
subsidiary
bodies of any of the | 10 | | foregoing including but not limited to committees and
| 11 | | subcommittees thereof, and a School Finance Authority created | 12 | | under
Article 1E of the School Code.
"Public body" includes any | 13 | | member-based organization that lobbies on behalf of one or more | 14 | | taxing bodies and is funded in majority by tax dollars paid to | 15 | | it by its governmental membership. "Public body" does not | 16 | | include a child death review team
or the Illinois Child Death | 17 | | Review Teams
Executive Council
established under
the Child | 18 | | Death Review Team Act, or a regional youth advisory board or | 19 | | the Statewide Youth Advisory Board established under the | 20 | | Department of Children and Family Services Statewide Youth | 21 | | Advisory Board Act.
| 22 | | (b) "Person" means any individual, corporation, | 23 | | partnership, firm,
organization
or association, acting | 24 | | individually or as a group.
| 25 | | (c) "Public records" means all records, reports, forms, |
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| 1 | | writings, letters,
memoranda, books, papers, maps, | 2 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 3 | | data processing records, electronic communications, recorded | 4 | | information and all other
documentary
materials pertaining to | 5 | | the transaction of public business, regardless of physical form | 6 | | or characteristics, having been
prepared by or for, or having | 7 | | been or being used by, received by, in the possession of, or | 8 | | under the
control
of
any public body. | 9 | | (c-5) "Private information" means unique identifiers, | 10 | | including a person's social security number, driver's license | 11 | | number, employee identification number, biometric identifiers, | 12 | | personal financial information, passwords or other access | 13 | | codes, medical records, home or personal telephone numbers, and | 14 | | personal email addresses. Private information also includes | 15 | | home address and personal license plates, except as otherwise | 16 | | provided by law or when compiled without possibility of | 17 | | attribution to any person. | 18 | | (c-10) "Commercial purpose" means the use of any part of a | 19 | | public record or records, or information derived from public | 20 | | records, in any form for sale, resale, or solicitation or | 21 | | advertisement for sales or services. For purposes of this | 22 | | definition, requests made by news media and non-profit, | 23 | | scientific, or academic organizations shall not be considered | 24 | | to be made for a "commercial purpose" when the principal | 25 | | purpose of the request is (i) to access and disseminate | 26 | | information concerning news and current or passing events, (ii) |
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| 1 | | for articles of opinion or features of interest to the public, | 2 | | or (iii) for the purpose of academic, scientific, or public | 3 | | research or education.
| 4 | | (d) "Copying" means the reproduction of any public record | 5 | | by means of any
photographic, electronic, mechanical or other | 6 | | process, device or means now known or hereafter developed and | 7 | | available to the public body.
| 8 | | (e) "Head of the public body" means the president, mayor, | 9 | | chairman,
presiding
officer, director, superintendent, | 10 | | manager, supervisor or individual otherwise
holding primary | 11 | | executive and administrative authority for the public
body, or | 12 | | such person's duly authorized designee.
| 13 | | (f) "News media" means a newspaper or other periodical | 14 | | issued at regular
intervals whether in print or electronic | 15 | | format, a news service whether
in print or electronic format, a | 16 | | radio
station, a television station, a television network, a | 17 | | community
antenna television service, or a person or | 18 | | corporation engaged in making news
reels or other motion | 19 | | picture news for public showing.
| 20 | | (g) "Recurrent requester", as used in Section 3.2 of this | 21 | | Act, means a person that, in the 12 months immediately | 22 | | preceding the request, has submitted to the same public body | 23 | | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | 24 | | requests for records within a 30-day period, or (iii) a minimum | 25 | | of 7 requests for records within a 7-day period. For purposes | 26 | | of this definition, requests made by news media and non-profit, |
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| 1 | | scientific, or academic organizations shall not be considered | 2 | | in calculating the number of requests made in the time periods | 3 | | in this definition when the principal purpose of the requests | 4 | | is (i) to access and disseminate information concerning news | 5 | | and current or passing events, (ii) for articles of opinion or | 6 | | features of interest to the public, or (iii) for the purpose of | 7 | | academic, scientific, or public research or education. | 8 | | For the purposes of this subsection (g), "request" means a | 9 | | written document (or oral request, if the public body chooses | 10 | | to honor oral requests) that is submitted to a public body via | 11 | | personal delivery, mail, telefax, electronic mail, or other | 12 | | means available to the public body and that identifies the | 13 | | particular public record the requester seeks. One request may | 14 | | identify multiple records to be inspected or copied. | 15 | | (h) "Voluminous request" means a request that: (i) includes | 16 | | more than 5 individual requests for more than 5 different | 17 | | categories of records or a combination of individual requests | 18 | | that total requests for more than 5 different categories of | 19 | | records in a period of 20 business days; or (ii) requires the | 20 | | compilation of more than 500 letter or legal-sized pages of | 21 | | public records unless a single requested record exceeds 500 | 22 | | pages. "Single requested record" may include, but is not | 23 | | limited to, one report, form, e-mail, letter, memorandum, book, | 24 | | map, microfilm, tape, or recording. | 25 | | "Voluminous request" does not include a request made by | 26 | | news media and non-profit, scientific, or academic |
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| 1 | | organizations if the principal purpose of the request is: (1) | 2 | | to access and disseminate information concerning news and | 3 | | current or passing events; (2) for articles of opinion or | 4 | | features of interest to the public; or (3) for the purpose of | 5 | | academic, scientific, or public research or education. | 6 | | For the purposes of this subsection (h), "request" means a | 7 | | written document, or oral request, if the public body chooses | 8 | | to honor oral requests, that is submitted to a public body via | 9 | | personal delivery, mail, telefax, electronic mail, or other | 10 | | means available to the public body and that identifies the | 11 | | particular public record or records the requester seeks. One | 12 | | request may identify multiple individual records to be | 13 | | inspected or copied. | 14 | | (Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14; | 15 | | 99-78, eff. 7-20-15.)
| 16 | | (Text of Section after amendment by P.A. 99-478 )
| 17 | | Sec. 2. Definitions. As used in this Act:
| 18 | | (a) "Public body" means all legislative,
executive, | 19 | | administrative, or advisory bodies of the State, state | 20 | | universities
and colleges, counties, townships, cities, | 21 | | villages, incorporated towns,
school districts and all other | 22 | | municipal corporations,
boards, bureaus, committees, or | 23 | | commissions of this State, any
subsidiary
bodies of any of the | 24 | | foregoing including but not limited to committees and
| 25 | | subcommittees thereof, and a School Finance Authority created |
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| 1 | | under
Article 1E of the School Code.
"Public body" includes any | 2 | | member-based organization that lobbies on behalf of one or more | 3 | | taxing bodies and is funded in majority by tax dollars paid to | 4 | | it by its governmental membership. "Public body" does not | 5 | | include a child death review team
or the Illinois Child Death | 6 | | Review Teams
Executive Council
established under
the Child | 7 | | Death Review Team Act, or a regional youth advisory board or | 8 | | the Statewide Youth Advisory Board established under the | 9 | | Department of Children and Family Services Statewide Youth | 10 | | Advisory Board Act.
| 11 | | (b) "Person" means any individual, corporation, | 12 | | partnership, firm,
organization
or association, acting | 13 | | individually or as a group.
| 14 | | (c) "Public records" means all records, reports, forms, | 15 | | writings, letters,
memoranda, books, papers, maps, | 16 | | photographs, microfilms, cards, tapes,
recordings,
electronic | 17 | | data processing records, electronic communications, recorded | 18 | | information and all other
documentary
materials pertaining to | 19 | | the transaction of public business, regardless of physical form | 20 | | or characteristics, having been
prepared by or for, or having | 21 | | been or being used by, received by, in the possession of, or | 22 | | under the
control
of
any public body. | 23 | | (c-5) "Private information" means unique identifiers, | 24 | | including a person's social security number, driver's license | 25 | | number, employee identification number, biometric identifiers, | 26 | | personal financial information, passwords or other access |
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| 1 | | codes, medical records, home or personal telephone numbers, and | 2 | | personal email addresses. Private information also includes | 3 | | home address and personal license plates, except as otherwise | 4 | | provided by law or when compiled without possibility of | 5 | | attribution to any person. | 6 | | (c-10) "Commercial purpose" means the use of any part of a | 7 | | public record or records, or information derived from public | 8 | | records, in any form for sale, resale, or solicitation or | 9 | | advertisement for sales or services. For purposes of this | 10 | | definition, requests made by news media and non-profit, | 11 | | scientific, or academic organizations shall not be considered | 12 | | to be made for a "commercial purpose" when the principal | 13 | | purpose of the request is (i) to access and disseminate | 14 | | information concerning news and current or passing events, (ii) | 15 | | for articles of opinion or features of interest to the public, | 16 | | or (iii) for the purpose of academic, scientific, or public | 17 | | research or education.
| 18 | | (d) "Copying" means the reproduction of any public record | 19 | | by means of any
photographic, electronic, mechanical or other | 20 | | process, device or means now known or hereafter developed and | 21 | | available to the public body.
| 22 | | (e) "Head of the public body" means the president, mayor, | 23 | | chairman,
presiding
officer, director, superintendent, | 24 | | manager, supervisor or individual otherwise
holding primary | 25 | | executive and administrative authority for the public
body, or | 26 | | such person's duly authorized designee.
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| 1 | | (f) "News media" means a newspaper or other periodical | 2 | | issued at regular
intervals whether in print or electronic | 3 | | format, a news service whether
in print or electronic format, a | 4 | | radio
station, a television station, a television network, a | 5 | | community
antenna television service, or a person or | 6 | | corporation engaged in making news
reels or other motion | 7 | | picture news for public showing.
| 8 | | (g) "Recurrent requester", as used in Section 3.2 of this | 9 | | Act, means a person that, in the 12 months immediately | 10 | | preceding the request, has submitted to the same public body | 11 | | (i) a minimum of 50 requests for records, (ii) a minimum of 15 | 12 | | requests for records within a 30-day period, or (iii) a minimum | 13 | | of 7 requests for records within a 7-day period. For purposes | 14 | | of this definition, requests made by news media and non-profit, | 15 | | scientific, or academic organizations shall not be considered | 16 | | in calculating the number of requests made in the time periods | 17 | | in this definition when the principal purpose of the requests | 18 | | is (i) to access and disseminate information concerning news | 19 | | and current or passing events, (ii) for articles of opinion or | 20 | | features of interest to the public, or (iii) for the purpose of | 21 | | academic, scientific, or public research or education. | 22 | | For the purposes of this subsection (g), "request" means a | 23 | | written document (or oral request, if the public body chooses | 24 | | to honor oral requests) that is submitted to a public body via | 25 | | personal delivery, mail, telefax, electronic mail, or other | 26 | | means available to the public body and that identifies the |
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| 1 | | particular public record the requester seeks. One request may | 2 | | identify multiple records to be inspected or copied. | 3 | | (h) "Voluminous request" means a request that: (i) includes | 4 | | more than 5 individual requests for more than 5 different | 5 | | categories of records or a combination of individual requests | 6 | | that total requests for more than 5 different categories of | 7 | | records in a period of 20 business days; or (ii) requires the | 8 | | compilation of more than 500 letter or legal-sized pages of | 9 | | public records unless a single requested record exceeds 500 | 10 | | pages. "Single requested record" may include, but is not | 11 | | limited to, one report, form, e-mail, letter, memorandum, book, | 12 | | map, microfilm, tape, or recording. | 13 | | "Voluminous request" does not include a request made by | 14 | | news media and non-profit, scientific, or academic | 15 | | organizations if the principal purpose of the request is: (1) | 16 | | to access and disseminate information concerning news and | 17 | | current or passing events; (2) for articles of opinion or | 18 | | features of interest to the public; or (3) for the purpose of | 19 | | academic, scientific, or public research or education. | 20 | | For the purposes of this subsection (h), "request" means a | 21 | | written document, or oral request, if the public body chooses | 22 | | to honor oral requests, that is submitted to a public body via | 23 | | personal delivery, mail, telefax, electronic mail, or other | 24 | | means available to the public body and that identifies the | 25 | | particular public record or records the requester seeks. One | 26 | | request may identify multiple individual records to be |
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| 1 | | inspected or copied. | 2 | | (i) "Severance agreement" means a mutual agreement between | 3 | | any public body and its employee for the employee's resignation | 4 | | in exchange for payment by the public body. | 5 | | (Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14; | 6 | | 99-78, eff. 7-20-15; 99-478, eff. 6-1-16.)
| 7 | | Section 95. No acceleration or delay. Where this Act makes | 8 | | changes in a statute that is represented in this Act by text | 9 | | that is not yet or no longer in effect (for example, a Section | 10 | | represented by multiple versions), the use of that text does | 11 | | not accelerate or delay the taking effect of (i) the changes | 12 | | made by this Act or (ii) provisions derived from any other | 13 | | Public Act. |
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