Public Act 098-0806
 
HB4773 EnrolledLRB098 16799 KTG 51868 b


  
    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.


    "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:
 



    (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.)