Illinois General Assembly - Full Text of SB3668
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Full Text of SB3668  98th General Assembly




State of Illinois
2013 and 2014


Introduced 11/7/2014, by Sen. Thomas Cullerton


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

    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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SB3668LRB098 21591 JLK 60350 b

1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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.
17    Accordingly, for a 5-member public body, 3 members of the
18body constitute a quorum and the affirmative vote of 3 members
19is necessary to adopt any motion, resolution, or ordinance,
20unless a greater number is otherwise required.
21    "Public body" includes all legislative, executive,
22administrative or advisory bodies of the State, counties,
23townships, cities, villages, incorporated towns, school



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1districts and all other municipal corporations, boards,
2bureaus, committees or commissions of this State, and any
3subsidiary bodies of any of the foregoing including but not
4limited to committees and subcommittees which are supported in
5whole or in part by tax revenue, or which expend tax revenue,
6except the General Assembly and committees or commissions
7thereof. "Public body" includes tourism boards, for-profit and
8not-for-profit tourism organizations receiving public moneys,
9and convention or civic center boards located in any county
10counties that are contiguous to the Mississippi River with
11populations of more than 250,000 but less than 300,000. "Public
12body" includes the Health Facilities and Services Review Board.
13"Public body" does not include a child death review team or the
14Illinois Child Death Review Teams Executive Council
15established under the Child Death Review Team Act, an ethics
16commission acting under the State Officials and Employees
17Ethics 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
20changing 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,
24administrative, or advisory bodies of the State, state



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1universities and colleges, counties, townships, cities,
2villages, incorporated towns, school districts and all other
3municipal corporations, boards, bureaus, committees, or
4commissions of this State, any subsidiary bodies of any of the
5foregoing including but not limited to committees and
6subcommittees thereof, and a School Finance Authority created
7under Article 1E of the School Code. "Public body" also
8includes any for-profit or not-for-profit tourism board, or
9tourism organization, receiving public moneys. "Public body"
10does not include a child death review team or the Illinois
11Child Death Review Teams Executive Council established under
12the Child Death Review Team Act.
13    (b) "Person" means any individual, corporation,
14partnership, firm, organization or association, acting
15individually or as a group.
16    (c) "Public records" means all records, reports, forms,
17writings, letters, memoranda, books, papers, maps,
18photographs, microfilms, cards, tapes, recordings, electronic
19data processing records, electronic communications, recorded
20information and all other documentary materials pertaining to
21the transaction of public business, regardless of physical form
22or characteristics, having been prepared by or for, or having
23been or being used by, received by, in the possession of, or
24under the control of any public body.
25    (c-5) "Private information" means unique identifiers,
26including a person's social security number, driver's license



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1number, employee identification number, biometric identifiers,
2personal financial information, passwords or other access
3codes, medical records, home or personal telephone numbers, and
4personal email addresses. Private information also includes
5home address and personal license plates, except as otherwise
6provided by law or when compiled without possibility of
7attribution to any person.
8    (c-10) "Commercial purpose" means the use of any part of a
9public record or records, or information derived from public
10records, in any form for sale, resale, or solicitation or
11advertisement for sales or services. For purposes of this
12definition, requests made by news media and non-profit,
13scientific, or academic organizations shall not be considered
14to be made for a "commercial purpose" when the principal
15purpose of the request is (i) to access and disseminate
16information concerning news and current or passing events, (ii)
17for articles of opinion or features of interest to the public,
18or (iii) for the purpose of academic, scientific, or public
19research or education.
20    (d) "Copying" means the reproduction of any public record
21by means of any photographic, electronic, mechanical or other
22process, device or means now known or hereafter developed and
23available to the public body.
24    (e) "Head of the public body" means the president, mayor,
25chairman, presiding officer, director, superintendent,
26manager, supervisor or individual otherwise holding primary



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1executive and administrative authority for the public body, or
2such person's duly authorized designee.
3    (f) "News media" means a newspaper or other periodical
4issued at regular intervals whether in print or electronic
5format, a news service whether in print or electronic format, a
6radio station, a television station, a television network, a
7community antenna television service, or a person or
8corporation engaged in making news reels or other motion
9picture news for public showing.
10    (g) "Recurrent requester", as used in Section 3.2 of this
11Act, means a person that, in the 12 months immediately
12preceding the request, has submitted to the same public body
13(i) a minimum of 50 requests for records, (ii) a minimum of 15
14requests for records within a 30-day period, or (iii) a minimum
15of 7 requests for records within a 7-day period. For purposes
16of this definition, requests made by news media and non-profit,
17scientific, or academic organizations shall not be considered
18in calculating the number of requests made in the time periods
19in this definition when the principal purpose of the requests
20is (i) to access and disseminate information concerning news
21and current or passing events, (ii) for articles of opinion or
22features of interest to the public, or (iii) for the purpose of
23academic, scientific, or public research or education.
24    For the purposes of this subsection (g), "request" means a
25written document (or oral request, if the public body chooses
26to honor oral requests) that is submitted to a public body via



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1personal delivery, mail, telefax, electronic mail, or other
2means available to the public body and that identifies the
3particular public record the requester seeks. One request may
4identify multiple records to be inspected or copied.
5(Source: P.A. 96-261, eff. 1-1-10; 96-542, eff. 1-1-10;
696-1000, eff. 7-2-10; 97-579, eff. 8-26-11.)
7    Section 15. The Counties Code is amended by changing
8Section 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
11board may own and operate historical museums and may make
12grants to not-for-profit tourism organizations from federal,
13State or any other monies available. Any not-for-profit tourism
14organization receiving State or other public monies from a
15county board must disclose all employee salaries and all
16expenses on its publicly accessible website. If a
17not-for-profit tourism board receiving State or other public
18monies from a county board does not have a publicly accessible
19website, then the board shall, within 30 days of the effective
20date of this amendatory Act of the 98th General Assembly,
21create such a website and publish the salary and expense
22information 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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1becoming law.