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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB5608

Introduced 2/13/2026, by Rep. 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 20771 BDA 34277 b

A BILL FOR

HB5608
LRB104 20771 BDA 34277 b
1

AN ACT concerning government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Open Meetings Act is amended by changing
5
Section 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
9
video or audio conference, telephone call, electronic means
10
(such as, without limitation, electronic mail, electronic
11
chat, and instant messaging), or other means of
12
contemporaneous interactive communication, of a majority of a
13
quorum of the members of a public body held for the purpose of
14
discussing public business or, for a 5-member public body, a
15
quorum of the members of a public body held for the purpose of
16
discussing public business.
17

Accordingly, for a 5-member public body, 3 members of the
18
body constitute a quorum and the affirmative vote of 3 members
19
is necessary to adopt any motion, resolution, or ordinance,
20
unless a greater number is otherwise required.
21

"Public body" includes all legislative, executive,
22
administrative or advisory bodies of the State, counties,
23
townships, cities, villages, incorporated towns, school

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districts and all other municipal corporations, boards,
2
bureaus, committees or commissions of this State, and any
3
subsidiary bodies of any of the foregoing including but not
4
limited to committees and subcommittees which are supported in
5
whole or in part by tax revenue, or which expend tax revenue,
6
except the General Assembly and committees or commissions
7
thereof. "Public body" includes tourism boards and convention
8
or civic center boards located in counties that are contiguous
9
to the Mississippi River with populations of more than 250,000
10
but less than 300,000. "Public body" includes the Health
11
Facilities and Services Review Board.
"Public body" includes a
12
nongovernmental organization that receives the lesser of
13
$10,000 or 20% of its funding from the State.
"Public body"
14
does not include a child death review team or the Illinois
15
Child Death Review Teams Executive Council established under
16
the Child Death Review Team Act, an ethics commission acting
17
under the State Officials and Employees Ethics Act, a regional
18
youth advisory board or the Statewide Youth Advisory Board
19
established under the Department of Children and Family
20
Services Statewide Youth Advisory Board Act, the Illinois
21
Independent Tax Tribunal, or the regional interagency fatality
22
review teams and the Illinois Fatality Review Team Advisory
23
Council 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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1
changing 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,
5
administrative, or advisory bodies of the State, state
6
universities and colleges, counties, townships, cities,
7
villages, incorporated towns, school districts and all other
8
municipal corporations, boards, bureaus, committees, or
9
commissions of this State, any subsidiary bodies of any of the
10
foregoing including but not limited to committees and
11
subcommittees thereof, and a School Finance Authority created
12
under Article 1E of the School Code.
"Public body" includes a
13
nongovernmental organization that receives the lesser of
14
$10,000 or 20% of its funding from the State.
"Public body"
15
does not include a child death review team or the Illinois
16
Child Death Review Teams Executive Council established under
17
the Child Death Review Team Act, or a regional youth advisory
18
board or the Statewide Youth Advisory Board established under
19
the Department of Children and Family Services Statewide Youth
20
Advisory Board Act.
21

(b) "Person" means any individual or any individual acting
22
as an agent of a corporation, partnership, firm, organization
23
or association, acting individually or as a group.
24

(c) "Public records" means all records, reports, forms,
25
writings, letters, memoranda, books, papers, maps,

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photographs, microfilms, cards, tapes, recordings, electronic
2
data processing records, electronic communications, recorded
3
information and all other documentary materials pertaining to
4
the transaction of public business, regardless of physical
5
form or characteristics, having been prepared by or for, or
6
having been or being used by, received by, in the possession
7
of, or under the control of any public body. "Public records"
8
does not include junk mail.
9

(c-5) "Private information" means unique identifiers,
10
including a person's social security number, driver's license
11
number, employee identification number, biometric identifiers,
12
personal financial information, passwords or other access
13
codes, medical records, home or personal telephone numbers,
14
and personal email addresses. Private information also
15
includes home address and personal license plates, except as
16
otherwise provided by law or when compiled without possibility
17
of attribution to any person. For a public body that is a
18
HIPAA-covered entity, "private information" includes
19
electronic medical records and all information, including
20
demographic information, contained within or extracted from an
21
electronic medical records system operated or maintained by
22
the public body in compliance with State and federal medical
23
privacy laws and regulations, including, but not limited to,
24
the Health Insurance Portability and Accountability Act and
25
its regulations, 45 CFR Parts 160 and 164. As used in this
26
subsection, "HIPAA-covered entity" has the meaning given to

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1
the term "covered entity" in 45 CFR 160.103.
2

(c-10) "Commercial purpose" means the use of any part of a
3
public record or records, or information derived from public
4
records, in any form for sale, resale, or solicitation or
5
advertisement for sales or services. For purposes of this
6
definition, requests made by news media and non-profit,
7
scientific, or academic organizations shall not be considered
8
to be made for a "commercial purpose" when the principal
9
purpose of the request is (i) to access and disseminate
10
information concerning news and current or passing events,
11
(ii) for articles of opinion or features of interest to the
12
public, or (iii) for the purpose of academic, scientific, or
13
public research or education.
14

(d) "Copying" means the reproduction of any public record
15
by means of any photographic, electronic, mechanical or other
16
process, device or means now known or hereafter developed and
17
available to the public body.
18

(e) "Head of the public body" means the president, mayor,
19
chairman, presiding officer, director, superintendent,
20
manager, supervisor or individual otherwise holding primary
21
executive and administrative authority for the public body, or
22
such person's duly authorized designee.
23

(f) "News media" means a newspaper or other periodical
24
issued at regular intervals whether in print or electronic
25
format, a news service whether in print or electronic format,
26
a radio station, a television station, a television network, a

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1
community antenna television service, or a person or
2
corporation engaged in making news reels or other motion
3
picture news for public showing.
4

(g) "Recurrent requester", as used in Section 3.2 of this
5
Act, means a person that, in the 12 months immediately
6
preceding the request, has submitted to the same public body
7
(i) a minimum of 50 requests for records, (ii) a minimum of 15
8
requests for records within a 30-day period, or (iii) a
9
minimum of 7 requests for records within a 7-day period. For
10
purposes of this definition, requests made by news media and
11
non-profit, scientific, or academic organizations shall not be
12
considered in calculating the number of requests made in the
13
time periods in this definition when the principal purpose of
14
the requests is (i) to access and disseminate information
15
concerning news and current or passing events, (ii) for
16
articles of opinion or features of interest to the public, or
17
(iii) for the purpose of academic, scientific, or public
18
research or education.
19

For the purposes of this subsection (g), "request" means a
20
written document (or oral request, if the public body chooses
21
to honor oral requests) that is submitted to a public body via
22
personal delivery, mail, telefax, electronic mail, or other
23
means available to the public body and that identifies the
24
particular public record the requester seeks. One request may
25
identify multiple records to be inspected or copied.
26

(h) "Voluminous request" means a request that: (i)

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1
includes more than 5 individual requests for more than 5
2
different categories of records or a combination of individual
3
requests that total requests for more than 5 different
4
categories of records in a period of 20 business days; or (ii)
5
requires the compilation of more than 500 letter or
6
legal-sized pages of public records unless a single requested
7
record exceeds 500 pages. "Single requested record" may
8
include, but is not limited to, one report, form, e-mail,
9
letter, memorandum, book, map, microfilm, tape, or recording.
10

"Voluminous request" does not include a request made by
11
news media and non-profit, scientific, or academic
12
organizations if the principal purpose of the request is: (1)
13
to access and disseminate information concerning news and
14
current or passing events; (2) for articles of opinion or
15
features of interest to the public; or (3) for the purpose of
16
academic, scientific, or public research or education.
17

For the purposes of this subsection (h), "request" means a
18
written document, or oral request, if the public body chooses
19
to honor oral requests, that is submitted to a public body via
20
personal delivery, mail, telefax, electronic mail, or other
21
means available to the public body and that identifies the
22
particular public record or records the requester seeks. One
23
request may identify multiple individual records to be
24
inspected or copied.
25

(i) "Severance agreement" means a mutual agreement between
26
any public body and its employee for the employee's

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1
resignation in exchange for payment by the public body.
2

(j) "Junk mail" means (i) any unsolicited commercial mail
3
sent to a public body and not responded to by an official,
4
employee, or agent of the public body or (ii) any unsolicited
5
commercial electronic communication sent to a public body and
6
not responded to by an official, employee, or agent of the
7
public body.
8
(Source: P.A. 103-554, eff. 1-1-24; 104-438, eff. 1-1-26.)

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