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Public Act 098-0806 Public Act 0806 98TH GENERAL ASSEMBLY |
Public Act 098-0806 | HB4773 Enrolled | LRB098 16799 KTG 51868 b |
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| AN ACT concerning State government.
| Be it enacted by the People of the State of Illinois,
| represented in the General Assembly:
| Section 1. Short title. This Act may be cited as the | Department of Children and Family Services Statewide Youth | Advisory Board Act. | Section 5. Statewide Youth Advisory Board; regional youth | advisory boards. The Department of Children and Family Services | shall convene and maintain a Statewide Youth Advisory Board and | regional youth advisory boards. Each regional youth advisory | board shall work with the Department or its designee to | determine how to best provide services to current and former | youth in foster care living within each of the regions. The | Statewide Youth Advisory Board shall advise the Department and | the General Assembly with respect to all matters involving or | affecting current and former youth in foster care. | Responsibilities of the Statewide Youth Advisory Board shall | include: | (1) providing the Department and the General Assembly with | the perspective of youth under the care of the Department; | (2) identifying, analyzing, and recommending solutions to | any issues concerning adoption and guardianship and youth in | foster care; |
| (3) reviewing and advising the Department on proposed or | pending legislation, primarily as it concerns current and | former youth in foster care; and | (4) reviewing and making recommendations on Department | foster care and child welfare service delivery policies, | guidelines, procedures, and training. | Section 10. Membership. | (a) The Statewide Youth Advisory Board shall consist of | executive regional board members elected to represent the | regional youth advisory boards. | (b) The Statewide Youth Advisory Board and each regional | youth advisory board shall be composed of youth 14 to 21 years | of age who are former or current youth in foster care appointed | by the Department of Children and Family Services or its | designee. | Section 15. Meetings. | (a) Regular meetings of the regional youth advisory boards | shall be held monthly. | (b) Regular meetings of the Statewide Youth Advisory Board | shall be held at least 5 times per year. | (c) The Director of the Department or his or her designee | shall meet with the Statewide Youth Advisory Board at least | quarterly in order to discuss the issues and concerns of youth | in foster care. |
| (d) All meetings shall take place at locations, dates, and | times determined by the Department or its designee in | accordance with the bylaws for the Statewide Youth Advisory | Board and the regional
youth advisory boards. | Section 20. Operations. The Department or its designee | shall manage each board, facilitate meetings, and develop | further necessary procedures, including, but not limited to, | bylaws for the Statewide Youth Advisory Board and the regional | youth advisory boards. The Department shall provide funding | necessary to maintain the operations of each board. The | Department shall not provide a Statewide Youth Advisory Board | or a regional youth advisory board with any records or | information that a public body may withhold or redact pursuant | to Section 7 of the Freedom of Information Act. | Section 25. Reporting. The Statewide Youth Advisory Board | shall report annually to the General Assembly on issues | concerning adoption and guardianship and youth in foster care, | and make recommendations regarding legislation, policies, | guidelines, procedures, and training. | Section 30. Public access to information. | (a) Meetings of the Statewide Youth Advisory Board and each | regional youth advisory board shall be closed to the public. | Meetings of the Statewide Youth Advisory Board and each |
| regional youth advisory board shall not be subject to the Open | Meetings Act. | (b) Records and information produced by the Statewide Youth | Advisory Board and each regional youth advisory board, except a | report submitted to the General Assembly pursuant to Section 25 | of this Act, shall be confidential and not subject to the | Freedom of Information Act. | Section 35. 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.
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| "Public body" includes all legislative, executive, | administrative or advisory
bodies of the State, counties, | townships, cities, villages, incorporated
towns, school | 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 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. 96-31, eff. 6-30-09; 97-1129, eff. 8-28-12.)
| Section 40. The Freedom of Information Act is amended by | changing Section 2 as follows:
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| (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 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" 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 | 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.
| (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 | 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.)
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Effective Date: 1/1/2015
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