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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, -2- LRB9108552JMpc 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 -3- LRB9108552JMpc 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.