Bill Text: IL HB3146 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Open Meetings Act and the Freedom of Information Act. Modifies the term "public body" under the respective Acts to include all other units of government, including, but not limited to, township road districts of this State, and any combination of public body entities formed under an intergovernmental agreement that includes provisions for a governing body of the agency created by the agreement.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB3146 Detail]

Download: Illinois-2019-HB3146-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3146 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED:
5 ILCS 120/1.02 from Ch. 102, par. 41.02
5 ILCS 140/2 from Ch. 116, par. 202
Amends the Open Meetings Act and the Freedom of Information Act. Modifies the term "public body" under the respective Acts to include all other units of government, including, but not limited to, township road districts of this State, and any combination of public body entities formed under an intergovernmental agreement that includes provisions for a governing body of the agency created by the agreement.
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A BILL FOR
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AN ACT concerning government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. 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

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districts and all other municipal corporations, boards,
bureaus, committees, or commissions, or any other units of
government, including, but not limited to, township road
districts, 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, and any
combination of the above entities formed under an
intergovernmental agreement that includes provisions for a
governing body of the agency created by the agreement. "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. 97-1129, eff. 8-28-12; 98-806, eff. 1-1-15.)
Section 10. The Freedom of Information Act is amended by

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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, or any other units of government, including, but
not limited to, township road districts, 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,
and any combination of the above entities formed under an
intergovernmental agreement that includes provisions for a
governing body of the agency created by the agreement. "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.

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(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

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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

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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.
(h) "Voluminous request" means a request that: (i) includes
more than 5 individual requests for more than 5 different
categories of records or a combination of individual requests
that total requests for more than 5 different categories of
records in a period of 20 business days; or (ii) requires the
compilation of more than 500 letter or legal-sized pages of
public records unless a single requested record exceeds 500
pages. "Single requested record" may include, but is not
limited to, one report, form, e-mail, letter, memorandum, book,
map, microfilm, tape, or recording.
"Voluminous request" does not include a request made by

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news media and non-profit, scientific, or academic
organizations if the principal purpose of the request is: (1)
to access and disseminate information concerning news and
current or passing events; (2) for articles of opinion or
features of interest to the public; or (3) for the purpose of
academic, scientific, or public research or education.
For the purposes of this subsection (h), "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 or records the requester seeks. One
request may identify multiple individual records to be
inspected or copied.
(i) "Severance agreement" means a mutual agreement between
any public body and its employee for the employee's resignation
in exchange for payment by the public body.
(Source: P.A. 98-806, eff. 1-1-15; 98-1129, eff. 12-3-14;
99-78, eff. 7-20-15; 99-478, eff. 6-1-16.)