State of Illinois
92nd General Assembly
Legislation

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92_HB3990

 
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 1        AN ACT concerning freedom of information.

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

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

 6        (5 ILCS 140/2) (from Ch. 116, par. 202)
 7        Sec. 2.  Definitions.  As used in this Act:
 8        (a)  "Public  body"  means  any  legislative,  executive,
 9    administrative,  or  advisory  bodies  of  the  State,  state
10    universities   and  colleges,  counties,  townships,  cities,
11    villages, incorporated towns, school districts and all  other
12    municipal   corporations,  boards,  bureaus,  committees,  or
13    commissions of this State, and any subsidiary bodies  of  any
14    of  the foregoing including but not limited to committees and
15    subcommittees which are supported in whole or in part by  tax
16    revenue,  or which expend tax revenue. "Public body" does not
17    include a child death review team or the Illinois Child Death
18    Review Teams Executive Council  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; (xvi) complaints, results of
32    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) records, reports,
 2    forms, writings, letters, memoranda, books, papers, and other
 3    documentary  information,  regardless  of  physical  form  or
 4    characteristics, having been  prepared,  or  having  been  or
 5    being  used, received, possessed, or under the control of the
 6    Illinois Sports Facilities Authority dealing with the receipt
 7    or  expenditure  of  public  funds  or  other  funds  of  the
 8    Authority in connection with the reconstruction,  renovation,
 9    remodeling, extension, or improvement of all or substantially
10    all  of an existing "facility" as that term is defined in the
11    Illinois  Sports  Facilities  Authority  Act;   and   (xviii)
12    agreements,  to  which a public body as defined in subsection
13    (a) is a party, settling threatened or actual litigation  but
14    only  as  to the amount of funds expended or collected by the
15    public body in settling threatened or actual  litigation  and
16    not   including  agreements  settling  actual  or  threatened
17    litigation by persons committed to the Illinois Department of
18    Corrections.
19        (d)  "Copying"  means  the  reproduction  of  any  public
20    record by means of any photographic,  electronic,  mechanical
21    or other process, device or means.
22        (e)  "Head  of  the  public  body"  means  the president,
23    mayor, chairman, presiding officer, director, superintendent,
24    manager, supervisor or individual otherwise  holding  primary
25    executive  and  administrative authority for the public body,
26    or such person's duly authorized designee.
27        (f)  "News media" means a newspaper or  other  periodical
28    issued  at  regular  intervals whether in print or electronic
29    format, a news service whether in print or electronic format,
30    a radio station, a television station, a television  network,
31    a  community  antenna  television  service,  or  a  person or
32    corporation engaged in making  news  reels  or  other  motion
33    picture news for public showing.
34    (Source:  P.A.  91-935,  eff.  6-1-01;  92-335, eff. 8-10-01;
 
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 1    92-468, eff. 8-22-01; revised 10-10-01.)

 2        Section 99.  Effective date.  This Act takes effect  upon
 3    becoming law.

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