Bill Text: IL SB3668 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB3668 Detail]

Download: Illinois-2013-SB3668-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB3668 Introduced 11/7/2014, by Sen. Thomas Cullerton SYNOPSIS AS INTRODUCED:
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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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 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, for-profit and
not-for-profit tourism organizations receiving public moneys,
and convention or civic center boards located in any county
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, or the Illinois Independent Tax Tribunal.
(Source: P.A. 96-31, eff. 6-30-09; 97-1129, eff. 8-28-12.)
Section 10. 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

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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" also
includes any for-profit or not-for-profit tourism board, or
tourism organization, receiving public moneys. "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.
(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

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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

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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

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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.)
Section 15. The Counties Code is amended by changing
Section 5-1038 as follows:
(55 ILCS 5/5-1038) (from Ch. 34, par. 5-1038)
Sec. 5-1038. Historical museums; tourism grants. A county
board may own and operate historical museums and may make
grants to not-for-profit tourism organizations from federal,
State or any other monies available. Any not-for-profit tourism
organization receiving State or other public monies from a
county board must disclose all employee salaries and all
expenses on its publicly accessible website. If a
not-for-profit tourism board receiving State or other public
monies from a county board does not have a publicly accessible
website, then the board shall, within 30 days of the effective
date of this amendatory Act of the 98th General Assembly,
create such a website and publish the salary and expense
information on that website.
(Source: P.A. 86-962; 86-1028.)
Section 99. Effective date. This Act takes effect upon

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becoming law.