State of Illinois
91st General Assembly
Legislation

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[ House Amendment 001 ]

91_HB2976

 
                                               LRB9108552JMpc

 1        AN ACT  to  amend  the  Freedom  of  Information  Act  by
 2    changing Section 2.

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

 5        Section 5.  The Freedom of Information Act is amended  by
 6    changing Section 2 as follows:

 7        (5 ILCS 140/2) (from Ch. 116, par. 202)
 8        Sec. 2.  Definitions.  As used in this Act:
 9        (a)  "Public  body"  means  any  legislative,  executive,
10    administrative,  or  advisory  bodies  of  the  State,  state
11    universities   and  colleges,  counties,  townships,  cities,
12    villages, incorporated towns, school districts and all  other
13    municipal   corporations,  boards,  bureaus,  committees,  or
14    commissions of this State, and any subsidiary bodies  of  any
15    of  the foregoing including but not limited to committees and
16    subcommittees which are supported in whole or in part by  tax
17    revenue,  or which expend tax revenue. "Public body" does not
18    include a child death review team established under the Child
19    Death Review Team Act.
20        (b)  "Person"   means   any   individual,    corporation,
21    partnership,   firm,   organization  or  association,  acting
22    individually or as a group.
23        (c)  "Public records" means all records, reports,  forms,
24    writings,    letters,   memoranda,   books,   papers,   maps,
25    photographs, microfilms, cards, tapes, recordings, electronic
26    data processing records, recorded information and  all  other
27    documentary   materials,   regardless  of  physical  form  or
28    characteristics, having been  prepared,  or  having  been  or
29    being  used,  received, possessed or under the control of any
30    public body.  "Public records" includes, but is expressly not
31    limited to:  (i) administrative  manuals,  procedural  rules,
 
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 1    and instructions to staff, unless exempted by Section 7(p) of
 2    this  Act;  (ii)  final  opinions  and  orders  made  in  the
 3    adjudication  of  cases,  except an educational institution's
 4    adjudication of student or employee grievance or disciplinary
 5    cases;  (iii)  substantive   rules;   (iv)   statements   and
 6    interpretations of policy which have been adopted by a public
 7    body;  (v)  final  planning  policies,  recommendations,  and
 8    decisions;  (vi)  factual  reports,  inspection  reports, and
 9    studies whether prepared by or for the public body; (vii) all
10    information in any account, voucher, or contract dealing with
11    the receipt or expenditure of public or other funds of public
12    bodies; (viii) the names,  salaries,  titles,  and  dates  of
13    employment  of  all  employees and officers of public bodies;
14    (ix) materials containing opinions concerning the  rights  of
15    the  state,  the  public,  a  subdivision of state or a local
16    government, or of any private persons; (x) the name of  every
17    official  and  the final records of voting in all proceedings
18    of public bodies; (xi) applications for any contract, permit,
19    grant, or agreement except as  exempted  from  disclosure  by
20    subsection  (g)  of Section 7 of this Act; (xii) each report,
21    document,  study,  or  publication  prepared  by  independent
22    consultants or other independent contractors for  the  public
23    body; (xiii) all other information required by law to be made
24    available for public inspection or copying; (xiv) information
25    relating to any grant or contract made by or between a public
26    body  and  another  public body or private organization; (xv)
27    waiver documents  filed  with  the  State  Superintendent  of
28    Education  or  the  president  of  the University of Illinois
29    under Section 30-12.5 of the School Code, concerning nominees
30    for General Assembly scholarships under Sections 30-9, 30-10,
31    and 30-11 of the School Code; and (xvi)  complaints,  results
32    of complaints, and Department of Children and Family Services
33    staff   findings   of   licensing   violations  at  day  care
34    facilities,   provided   that   personal   and    identifying
 
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 1    information  is  not released; and (xvii) agreements settling
 2    threatened  or  actual   litigation,   including   agreements
 3    designated confidential or filed with a court under seal.
 4        (d)  "Copying"  means  the  reproduction  of  any  public
 5    record  by  means of any photographic, electronic, mechanical
 6    or other process, device or means.
 7        (e)  "Head of  the  public  body"  means  the  president,
 8    mayor, chairman, presiding officer, director, superintendent,
 9    manager,  supervisor  or individual otherwise holding primary
10    executive and administrative authority for the  public  body,
11    or such person's duly authorized designee.
12        (f)  "News  media"  means a newspaper or other periodical
13    issued at regular intervals, a news service, a radio station,
14    a television station, a community antenna television service,
15    or a person or corporation engaged in making  news  reels  or
16    other motion picture news for public showing.
17    (Source:  P.A.  89-681,  eff. 12-13-96; 90-144, eff. 7-23-97;
18    90-670, eff. 7-31-98.)

19        Section 99.  Effective date.  This Act takes effect  upon
20    becoming law.

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