State of Illinois
90th General Assembly

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]

[ Introduced ][ Enrolled ]


      5 ILCS 140/2              from Ch. 116, par. 202
          Amends the Freedom of Information Act.  Includes  in  the
      definition   of   "public  records"  complaints,  results  of
      complaints, and Department of Children  and  Family  Services
      staff   findings   of   licensing   violations  at  day  care
      facilities,   provided   that   personal   and    identifying
      information is not released.  Effective immediately.
HB2503 Engrossed                               LRB9007222KDks
 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,
HB2503 Engrossed            -2-                LRB9007222KDks
 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;  and
27    (xv)  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 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
HB2503 Engrossed            -3-                LRB9007222KDks
 1    information is not released.
 2        (d)  "Copying"  means  the  reproduction  of  any  public
 3    record by means of any photographic,  electronic,  mechanical
 4    or other process, device or means.
 5        (e)  "Head  of  the  public  body"  means  the president,
 6    mayor, chairman, presiding officer, director, superintendent,
 7    manager, supervisor or individual otherwise  holding  primary
 8    executive  and  administrative authority for the public body,
 9    or such person's duly authorized designee.
10        (f)  "News media" means a newspaper or  other  periodical
11    issued at regular intervals, a news service, a radio station,
12    a television station, a community antenna television service,
13    or  a  person  or corporation engaged in making news reels or
14    other motion picture news for public showing.
15    (Source: P.A. 89-681, eff. 12-13-96; 90-144, eff. 7-23-97.)
16        Section 99.  Effective date.  This Act takes effect  upon
17    becoming law.

[ Top ]