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Full Text of SB0036  100th General Assembly

SB0036sam001 100TH GENERAL ASSEMBLY

Sen. Thomas Cullerton

Filed: 5/29/2018

 

 


 

 


 
10000SB0036sam001LRB100 04991 AWJ 40650 a

1
AMENDMENT TO SENATE BILL 36

2    AMENDMENT NO. ______. Amend Senate Bill 36 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Open Meetings Act is amended by changing
5Section 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
9video or audio conference, telephone call, electronic means
10(such as, without limitation, electronic mail, electronic
11chat, and instant messaging), or other means of contemporaneous
12interactive communication, of a majority of a quorum of the
13members of a public body held for the purpose of discussing
14public business or, for a 5-member public body, a quorum of the
15members of a public body held for the purpose of discussing
16public business.

 

 

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1    Accordingly, for a 5-member public body, 3 members of the
2body constitute a quorum and the affirmative vote of 3 members
3is necessary to adopt any motion, resolution, or ordinance,
4unless a greater number is otherwise required.
5    "Public body" includes all legislative, executive,
6administrative or advisory bodies of the State, counties,
7townships, cities, villages, incorporated towns, school
8districts and all other municipal corporations, boards,
9bureaus, committees or commissions of this State, and any
10subsidiary bodies of any of the foregoing including but not
11limited to committees and subcommittees which are supported in
12whole or in part by tax revenue, or which expend tax revenue,
13except the General Assembly and committees or commissions
14thereof. "Public body" includes tourism boards, for-profit and
15not-for-profit tourism organizations receiving public moneys,
16and convention or civic center boards located in any county
17counties that are contiguous to the Mississippi River with
18populations of more than 250,000 but less than 300,000. "Public
19body" includes the Health Facilities and Services Review Board.
20"Public body" does not include a child death review team or the
21Illinois Child Death Review Teams Executive Council
22established under the Child Death Review Team Act, an ethics
23commission acting under the State Officials and Employees
24Ethics Act, a regional youth advisory board or the Statewide
25Youth Advisory Board established under the Department of
26Children and Family Services Statewide Youth Advisory Board

 

 

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1Act, 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
4changing 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,
8administrative, or advisory bodies of the State, state
9universities and colleges, counties, townships, cities,
10villages, incorporated towns, school districts and all other
11municipal corporations, boards, bureaus, committees, or
12commissions of this State, any subsidiary bodies of any of the
13foregoing including but not limited to committees and
14subcommittees thereof, and a School Finance Authority created
15under Article 1E of the School Code. "Public body" also
16includes any for-profit or not-for-profit tourism board, or
17tourism organization, receiving public moneys. "Public body"
18does not include a child death review team or the Illinois
19Child Death Review Teams Executive Council established under
20the Child Death Review Team Act, or a regional youth advisory
21board or the Statewide Youth Advisory Board established under
22the Department of Children and Family Services Statewide Youth
23Advisory Board Act.
24    (b) "Person" means any individual, corporation,

 

 

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1partnership, firm, organization or association, acting
2individually or as a group.
3    (c) "Public records" means all records, reports, forms,
4writings, letters, memoranda, books, papers, maps,
5photographs, microfilms, cards, tapes, recordings, electronic
6data processing records, electronic communications, recorded
7information and all other documentary materials pertaining to
8the transaction of public business, regardless of physical form
9or characteristics, having been prepared by or for, or having
10been or being used by, received by, in the possession of, or
11under the control of any public body.
12    (c-5) "Private information" means unique identifiers,
13including a person's social security number, driver's license
14number, employee identification number, biometric identifiers,
15personal financial information, passwords or other access
16codes, medical records, home or personal telephone numbers, and
17personal email addresses. Private information also includes
18home address and personal license plates, except as otherwise
19provided by law or when compiled without possibility of
20attribution to any person.
21    (c-10) "Commercial purpose" means the use of any part of a
22public record or records, or information derived from public
23records, in any form for sale, resale, or solicitation or
24advertisement for sales or services. For purposes of this
25definition, requests made by news media and non-profit,
26scientific, or academic organizations shall not be considered

 

 

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1to be made for a "commercial purpose" when the principal
2purpose of the request is (i) to access and disseminate
3information concerning news and current or passing events, (ii)
4for articles of opinion or features of interest to the public,
5or (iii) for the purpose of academic, scientific, or public
6research or education.
7    (d) "Copying" means the reproduction of any public record
8by means of any photographic, electronic, mechanical or other
9process, device or means now known or hereafter developed and
10available to the public body.
11    (e) "Head of the public body" means the president, mayor,
12chairman, presiding officer, director, superintendent,
13manager, supervisor or individual otherwise holding primary
14executive and administrative authority for the public body, or
15such person's duly authorized designee.
16    (f) "News media" means a newspaper or other periodical
17issued at regular intervals whether in print or electronic
18format, a news service whether in print or electronic format, a
19radio station, a television station, a television network, a
20community antenna television service, or a person or
21corporation engaged in making news reels or other motion
22picture news for public showing.
23    (g) "Recurrent requester", as used in Section 3.2 of this
24Act, means a person that, in the 12 months immediately
25preceding 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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1requests for records within a 30-day period, or (iii) a minimum
2of 7 requests for records within a 7-day period. For purposes
3of this definition, requests made by news media and non-profit,
4scientific, or academic organizations shall not be considered
5in calculating the number of requests made in the time periods
6in this definition when the principal purpose of the requests
7is (i) to access and disseminate information concerning news
8and current or passing events, (ii) for articles of opinion or
9features of interest to the public, or (iii) for the purpose of
10academic, scientific, or public research or education.
11    For the purposes of this subsection (g), "request" means a
12written document (or oral request, if the public body chooses
13to honor oral requests) that is submitted to a public body via
14personal delivery, mail, telefax, electronic mail, or other
15means available to the public body and that identifies the
16particular public record the requester seeks. One request may
17identify multiple records to be inspected or copied.
18    (h) "Voluminous request" means a request that: (i) includes
19more than 5 individual requests for more than 5 different
20categories of records or a combination of individual requests
21that total requests for more than 5 different categories of
22records in a period of 20 business days; or (ii) requires the
23compilation of more than 500 letter or legal-sized pages of
24public records unless a single requested record exceeds 500
25pages. "Single requested record" may include, but is not
26limited to, one report, form, e-mail, letter, memorandum, book,

 

 

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1map, microfilm, tape, or recording.
2    "Voluminous request" does not include a request made by
3news media and non-profit, scientific, or academic
4organizations if the principal purpose of the request is: (1)
5to access and disseminate information concerning news and
6current or passing events; (2) for articles of opinion or
7features of interest to the public; or (3) for the purpose of
8academic, scientific, or public research or education.
9    For the purposes of this subsection (h), "request" means a
10written document, or oral request, if the public body chooses
11to honor oral requests, that is submitted to a public body via
12personal delivery, mail, telefax, electronic mail, or other
13means available to the public body and that identifies the
14particular public record or records the requester seeks. One
15request may identify multiple individual records to be
16inspected or copied.
17    (i) "Severance agreement" means a mutual agreement between
18any public body and its employee for the employee's resignation
19in exchange for payment by the public body.
20(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
2199-78, eff. 7-20-15; 99-478, eff. 6-1-16.)
 
22    Section 15. The Counties Code is amended by changing
23Section 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
2board may own and operate historical museums and may make
3grants to not-for-profit tourism organizations from federal,
4State or any other monies available. Any not-for-profit tourism
5organization receiving State or other public monies from a
6county board must disclose all employee salaries and all
7expenses on its publicly accessible website. If a
8not-for-profit tourism board receiving State or other public
9monies from a county board does not have a publicly accessible
10website, then the board shall, within 30 days of the effective
11date of this amendatory Act of the 100th General Assembly,
12create such a website and publish the salary and expense
13information on that website.
14(Source: P.A. 86-962; 86-1028.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".