HB 5613

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Full Text of HB5613
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	HB5613 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5613
Introduced 2/13/2026, by Rep. David Friess - Brad Halbrook and Chris Miller
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. Changes the definitions of "public body" in the Acts to include a nongovernmental organization that receives the lesser of $10,000 or 20% of its funding from the State.
LRB104 20772 BDA 34278 b
A BILL FOR
		HB5613		LRB104 20772 BDA 34278 b
1    AN ACT concerning government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Open Meetings Act is amended by changing
5Section 1.02 as follows:
6    (5 ILCS 120/1.02)  (from Ch. 102, par. 41.02)
7    Sec. 1.02. For the purposes of this Act:
8    "Meeting" means any gathering, whether in person or by
9video or audio conference, telephone call, electronic means
10(such as, without limitation, electronic mail, electronic
11chat, and instant messaging), or other means of
12contemporaneous interactive communication, of a majority of a
13quorum of the members of a public body held for the purpose of
14discussing public business or, for a 5-member public body, a
15quorum of the members of a public body held for the purpose of
16discussing public business.
17    Accordingly, for a 5-member public body, 3 members of the
18body constitute a quorum and the affirmative vote of 3 members
19is necessary to adopt any motion, resolution, or ordinance,
20unless a greater number is otherwise required.
21    "Public body" includes all legislative, executive,
22administrative or advisory bodies of the State, counties,
23townships, cities, villages, incorporated towns, school
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1districts and all other municipal corporations, boards,
2bureaus, committees or commissions of this State, and any
3subsidiary bodies of any of the foregoing including but not
4limited to committees and subcommittees which are supported in
5whole or in part by tax revenue, or which expend tax revenue,
6except the General Assembly and committees or commissions
7thereof. "Public body" includes tourism boards and convention
8or civic center boards located in counties that are contiguous
9to the Mississippi River with populations of more than 250,000
10but less than 300,000. "Public body" includes the Health
11Facilities and Services Review Board. "Public body" includes a 
12nongovernmental organization that receives the lesser of 
13$10,000 or 20% of its funding from the State. "Public body"
14does not include a child death review team or the Illinois
15Child Death Review Teams Executive Council established under
16the Child Death Review Team Act, an ethics commission acting
17under the State Officials and Employees Ethics Act, a regional
18youth advisory board or the Statewide Youth Advisory Board
19established under the Department of Children and Family
20Services Statewide Youth Advisory Board Act, the Illinois
21Independent Tax Tribunal, or the regional interagency fatality
22review teams and the Illinois Fatality Review Team Advisory
23Council established under the Adult Protective Services Act.
24(Source: P.A. 103-626, eff. 1-1-25.)
25    Section 10. The Freedom of Information Act is amended by
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1changing Section 2 as follows:
2    (5 ILCS 140/2)  (from Ch. 116, par. 202)
3    Sec. 2. Definitions. As used in this Act:
4    (a) "Public body" means all legislative, executive,
5administrative, or advisory bodies of the State, state
6universities and colleges, counties, townships, cities,
7villages, incorporated towns, school districts and all other
8municipal corporations, boards, bureaus, committees, or
9commissions of this State, any subsidiary bodies of any of the
10foregoing including but not limited to committees and
11subcommittees thereof, and a School Finance Authority created
12under Article 1E of the School Code. "Public body" includes a 
13nongovernmental organization that receives the lesser of 
14$10,000 or 20% of its funding from the State. "Public body"
15does not include a child death review team or the Illinois
16Child Death Review Teams Executive Council established under
17the Child Death Review Team Act, or a regional youth advisory
18board or the Statewide Youth Advisory Board established under
19the Department of Children and Family Services Statewide Youth
20Advisory Board Act.
21    (b) "Person" means any individual or any individual acting
22as an agent of a corporation, partnership, firm, organization
23or association, acting individually or as a group.
24    (c) "Public records" means all records, reports, forms,
25writings, letters, memoranda, books, papers, maps,
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1photographs, microfilms, cards, tapes, recordings, electronic
2data processing records, electronic communications, recorded
3information and all other documentary materials pertaining to
4the transaction of public business, regardless of physical
5form or characteristics, having been prepared by or for, or
6having been or being used by, received by, in the possession
7of, or under the control of any public body. "Public records"
8does not include junk mail.
9    (c-5) "Private information" means unique identifiers,
10including a person's social security number, driver's license
11number, employee identification number, biometric identifiers,
12personal financial information, passwords or other access
13codes, medical records, home or personal telephone numbers,
14and personal email addresses. Private information also
15includes home address and personal license plates, except as
16otherwise provided by law or when compiled without possibility
17of attribution to any person. For a public body that is a
18HIPAA-covered entity, "private information" includes
19electronic medical records and all information, including
20demographic information, contained within or extracted from an
21electronic medical records system operated or maintained by
22the public body in compliance with State and federal medical
23privacy laws and regulations, including, but not limited to,
24the Health Insurance Portability and Accountability Act and
25its regulations, 45 CFR Parts 160 and 164. As used in this
26subsection, "HIPAA-covered entity" has the meaning given to
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1the term "covered entity" in 45 CFR 160.103.
2    (c-10) "Commercial purpose" means the use of any part of a
3public record or records, or information derived from public
4records, in any form for sale, resale, or solicitation or
5advertisement for sales or services. For purposes of this
6definition, requests made by news media and non-profit,
7scientific, or academic organizations shall not be considered
8to be made for a "commercial purpose" when the principal
9purpose of the request is (i) to access and disseminate
10information concerning news and current or passing events,
11(ii) for articles of opinion or features of interest to the
12public, or (iii) for the purpose of academic, scientific, or
13public research or education.
14    (d) "Copying" means the reproduction of any public record
15by means of any photographic, electronic, mechanical or other
16process, device or means now known or hereafter developed and
17available to the public body.
18    (e) "Head of the public body" means the president, mayor,
19chairman, presiding officer, director, superintendent,
20manager, supervisor or individual otherwise holding primary
21executive and administrative authority for the public body, or
22such person's duly authorized designee.
23    (f) "News media" means a newspaper or other periodical
24issued at regular intervals whether in print or electronic
25format, a news service whether in print or electronic format,
26a radio station, a television station, a television network, a
		HB5613	- 6 -	LRB104 20772 BDA 34278 b
1community antenna television service, or a person or
2corporation engaged in making news reels or other motion
3picture news for public showing.
4    (g) "Recurrent requester", as used in Section 3.2 of this
5Act, means a person that, in the 12 months immediately
6preceding the request, has submitted to the same public body
7(i) a minimum of 50 requests for records, (ii) a minimum of 15
8requests for records within a 30-day period, or (iii) a
9minimum of 7 requests for records within a 7-day period. For
10purposes of this definition, requests made by news media and
11non-profit, scientific, or academic organizations shall not be
12considered in calculating the number of requests made in the
13time periods in this definition when the principal purpose of
14the requests is (i) to access and disseminate information
15concerning news and current or passing events, (ii) for
16articles of opinion or features of interest to the public, or
17(iii) for the purpose of academic, scientific, or public
18research or education.
19    For the purposes of this subsection (g), "request" means a
20written document (or oral request, if the public body chooses
21to honor oral requests) that is submitted to a public body via
22personal delivery, mail, telefax, electronic mail, or other
23means available to the public body and that identifies the
24particular public record the requester seeks. One request may
25identify multiple records to be inspected or copied.
26    (h) "Voluminous request" means a request that: (i)
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1includes more than 5 individual requests for more than 5
2different categories of records or a combination of individual
3requests that total requests for more than 5 different
4categories of records in a period of 20 business days; or (ii)
5requires the compilation of more than 500 letter or
6legal-sized pages of public records unless a single requested
7record exceeds 500 pages. "Single requested record" may
8include, but is not limited to, one report, form, e-mail,
9letter, memorandum, book, map, microfilm, tape, or recording.
10    "Voluminous request" does not include a request made by
11news media and non-profit, scientific, or academic
12organizations if the principal purpose of the request is: (1)
13to access and disseminate information concerning news and
14current or passing events; (2) for articles of opinion or
15features of interest to the public; or (3) for the purpose of
16academic, scientific, or public research or education.
17    For the purposes of this subsection (h), "request" means a
18written document, or oral request, if the public body chooses
19to honor oral requests, that is submitted to a public body via
20personal delivery, mail, telefax, electronic mail, or other
21means available to the public body and that identifies the
22particular public record or records the requester seeks. One
23request may identify multiple individual records to be
24inspected or copied.
25    (i) "Severance agreement" means a mutual agreement between
26any public body and its employee for the employee's
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1resignation in exchange for payment by the public body.
2    (j) "Junk mail" means (i) any unsolicited commercial mail
3sent to a public body and not responded to by an official,
4employee, or agent of the public body or (ii) any unsolicited
5commercial electronic communication sent to a public body and
6not responded to by an official, employee, or agent of the
7public body.
8(Source: P.A. 103-554, eff. 1-1-24; 104-438, eff. 1-1-26.)