Illinois 99th Regular Session Status: Failed

HB 6020 — FOIA-GOVERNMENT ASSOCIATIONS

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 99th Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

What changed in the latest version

17 added · 319 removed

Plain-language change summary

The updated bill HB 6020 now includes a new section that clarifies the definition of "member-based organizations," which are groups that include government members, lobby on their behalf, and receive most of their funding from these governmental entities. These organizations are designated as public bodies, but only their records related to public funding and expenditures will be open for public inspection. This change matters because it increases transparency for organizations that receive public funds, ensuring accountability for how taxpayer dollars are spent.

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*LRB09918052HEP44868b* HB6020 99TH GENERAL ASSEMBLY State of Illinois and 2016 HB6020 by Rep.
HB6020 Engrossed LRB099 18052 HEP 44868 b AN ACT concerning government.
Sam Yingling SYNOPSIS AS INTRODUCED:
ILCS 120/1.02 from Ch.
102, par.
41.02 ILCS 140/2 from Ch.
116, par.
202 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.
LRB099 18052 HEP 44868 b A BILL FOR HB6020 LRB099 18052 HEP 44868 b AN ACT concerning government.
The Open Meetings Act is amended by changing Section 1.02 as follows:
The Freedom of Information Act is amended by adding Section 2.25 as follows:
(5 ILCS 120/1.02) (from Ch.
(5 ILCS 140/2.25 new) Sec.
102, par.
2.25.
41.02) Sec.
Records of member-based organizations.
1.02.
(a) As used in this Section, "member-based organization" means any group, association, or organization that:
For the purposes of this Act:
(1) has a membership that includes one or more government taxing bodies;
"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.
(2) lobbies on behalf of its governmental members;
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.
and (3) receives a majority of its funding from its governmental members.
"Public body" includes all legislative, executive, administrative or advisory bodies of the State, counties, townships, cities, villages, incorporated towns, school HB6020 - 2 - LRB099 18052 HEP 44868 b 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.
(b) A member-based organization is a public body under this Act;
"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.
however, only records relating to the member-based organization's receipt of public funds or its expenditures made in whole or in part with public funds are public records subject to inspection and copying by the public.
"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 changing Section 2 as follows:
HB6020 - 3 - LRB099 18052 HEP 44868 b (5 ILCS 140/2) (from Ch.
116, par.
202) (Text of Section before amendment by P.A.
99-478) 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 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" 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.
"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, HB6020 - 4 - LRB099 18052 HEP 44868 b 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 information concerning news and current or passing events, (ii) HB6020 - 5 - LRB099 18052 HEP 44868 b 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 of this definition, requests made by news media and non-profit, HB6020 - 6 - LRB099 18052 HEP 44868 b 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 news media and non-profit, scientific, or academic HB6020 - 7 - LRB099 18052 HEP 44868 b 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.
(Source:
P.A.
98-806, eff.
1-1-15;
98-1129, eff.
12-3-14;
99-78, eff.
7-20-15.) (Text of Section after amendment by P.A.
99-478) 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 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 HB6020 - 8 - LRB099 18052 HEP 44868 b under Article 1E of the School Code.
"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.
"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.
(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 HB6020 - 9 - LRB099 18052 HEP 44868 b 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 executive and administrative authority for the public body, or such person's duly authorized designee.
HB6020 - 10 - LRB099 18052 HEP 44868 b (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 personal delivery, mail, telefax, electronic mail, or other means available to the public body and that identifies the HB6020 - 11 - LRB099 18052 HEP 44868 b 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 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 HB6020 - 12 - LRB099 18052 HEP 44868 b 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.) Section 95.
No acceleration or delay.
Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.
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Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Removed Co-Sponsor Rep. Grant Wehrli

  4. Placed on Calendar Order of 3rd Reading - Short Debate

  5. House Floor Amendment No. 1 Adopted

  6. Recalled to Second Reading - Short Debate

  7. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-001-000

  8. House Floor Amendment No. 1 Referred to Rules Committee

  9. House Floor Amendment No. 1 Filed with Clerk by Rep. Sam Yingling

  10. Placed on Calendar Order of 3rd Reading - Short Debate

  11. Held on Calendar Order of Second Reading - Short Debate

  12. Second Reading - Short Debate

  13. Added Co-Sponsor Rep. Martin J. Moylan

  14. Added Co-Sponsor Rep. Grant Wehrli

  15. Placed on Calendar 2nd Reading - Short Debate

  16. Do Pass / Short Debate Executive Committee; 011-000-000

  17. Committee Deadline Extended-Rule 9(b) April 22, 2016

  18. Assigned to Executive Committee

  19. Added Chief Co-Sponsor Rep. Mark Batinick

  20. Referred to Rules Committee

  21. First Reading

  22. Filed with the Clerk by Rep. Sam Yingling

Sponsors

  • Sam Yingling · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Sam Yingling

Not signed on (182)

182 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety taxation elections
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Frequently asked questions

What does HB 6020 do?
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.
Who sponsors HB 6020?
HB 6020 is sponsored by Sam Yingling.
What is the current status of HB 6020?
This bill died with 99th Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 6020?
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