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92_HB3078eng
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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 (Text of Section before amendment by P.A. 91-935)
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, to which
2 a public body as defined in subsection (a) is a party,
3 settling threatened or actual litigation but only as to the
4 amount of funds expended or collected by the public body in
5 settling threatened or actual litigation and not including
6 agreements settling actual or threatened litigation by
7 persons committed to the Illinois Department of Corrections.
8 (d) "Copying" means the reproduction of any public
9 record by means of any photographic, electronic, mechanical
10 or other process, device or means.
11 (e) "Head of the public body" means the president,
12 mayor, chairman, presiding officer, director, superintendent,
13 manager, supervisor or individual otherwise holding primary
14 executive and administrative authority for the public body,
15 or such person's duly authorized designee.
16 (f) "News media" means a newspaper or other periodical
17 issued at regular intervals, a news service, a radio station,
18 a television station, a community antenna television service,
19 or a person or corporation engaged in making news reels or
20 other motion picture news for public showing.
21 (Source: P.A. 89-681, eff. 12-13-96; 90-144, eff. 7-23-97;
22 90-670, eff. 7-31-98.)
23 (Text of Section after amendment by P.A. 91-935)
24 Sec. 2. Definitions. As used in this Act:
25 (a) "Public body" means any legislative, executive,
26 administrative, or advisory bodies of the State, state
27 universities and colleges, counties, townships, cities,
28 villages, incorporated towns, school districts and all other
29 municipal corporations, boards, bureaus, committees, or
30 commissions of this State, and any subsidiary bodies of any
31 of the foregoing including but not limited to committees and
32 subcommittees which are supported in whole or in part by tax
33 revenue, or which expend tax revenue. "Public body" does not
34 include a child death review team established under the Child
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1 Death Review Team Act.
2 (b) "Person" means any individual, corporation,
3 partnership, firm, organization or association, acting
4 individually or as a group.
5 (c) "Public records" means all records, reports, forms,
6 writings, letters, memoranda, books, papers, maps,
7 photographs, microfilms, cards, tapes, recordings, electronic
8 data processing records, recorded information and all other
9 documentary materials, regardless of physical form or
10 characteristics, having been prepared, or having been or
11 being used, received, possessed or under the control of any
12 public body. "Public records" includes, but is expressly not
13 limited to: (i) administrative manuals, procedural rules,
14 and instructions to staff, unless exempted by Section 7(p) of
15 this Act; (ii) final opinions and orders made in the
16 adjudication of cases, except an educational institution's
17 adjudication of student or employee grievance or disciplinary
18 cases; (iii) substantive rules; (iv) statements and
19 interpretations of policy which have been adopted by a public
20 body; (v) final planning policies, recommendations, and
21 decisions; (vi) factual reports, inspection reports, and
22 studies whether prepared by or for the public body; (vii) all
23 information in any account, voucher, or contract dealing with
24 the receipt or expenditure of public or other funds of public
25 bodies; (viii) the names, salaries, titles, and dates of
26 employment of all employees and officers of public bodies;
27 (ix) materials containing opinions concerning the rights of
28 the state, the public, a subdivision of state or a local
29 government, or of any private persons; (x) the name of every
30 official and the final records of voting in all proceedings
31 of public bodies; (xi) applications for any contract, permit,
32 grant, or agreement except as exempted from disclosure by
33 subsection (g) of Section 7 of this Act; (xii) each report,
34 document, study, or publication prepared by independent
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1 consultants or other independent contractors for the public
2 body; (xiii) all other information required by law to be made
3 available for public inspection or copying; (xiv) information
4 relating to any grant or contract made by or between a public
5 body and another public body or private organization; (xv)
6 waiver documents filed with the State Superintendent of
7 Education or the president of the University of Illinois
8 under Section 30-12.5 of the School Code, concerning nominees
9 for General Assembly scholarships under Sections 30-9, 30-10,
10 and 30-11 of the School Code; (xvi) complaints, results of
11 complaints, and Department of Children and Family Services
12 staff findings of licensing violations at day care
13 facilities, provided that personal and identifying
14 information is not released; and (xvii) records, reports,
15 forms, writings, letters, memoranda, books, papers, and other
16 documentary information, regardless of physical form or
17 characteristics, having been prepared, or having been or
18 being used, received, possessed, or under the control of the
19 Illinois Sports Facilities Authority dealing with the receipt
20 or expenditure of public funds or other funds of the
21 Authority in connection with the reconstruction, renovation,
22 remodeling, extension, or improvement of all or substantially
23 all of an existing "facility" as that term is defined in the
24 Illinois Sports Facilities Authority Act; and (xviii)
25 agreements, to which a public body as defined in subsection
26 (a) is a party, settling threatened or actual litigation but
27 only as to the amount of funds expended or collected by the
28 public body in settling threatened or actual litigation and
29 not including agreements settling actual or threatened
30 litigation by persons committed to the Illinois Department of
31 Corrections.
32 (d) "Copying" means the reproduction of any public
33 record by means of any photographic, electronic, mechanical
34 or other process, device or means.
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1 (e) "Head of the public body" means the president,
2 mayor, chairman, presiding officer, director, superintendent,
3 manager, supervisor or individual otherwise holding primary
4 executive and administrative authority for the public body,
5 or such person's duly authorized designee.
6 (f) "News media" means a newspaper or other periodical
7 issued at regular intervals, a news service, a radio station,
8 a television station, a community antenna television service,
9 or a person or corporation engaged in making news reels or
10 other motion picture news for public showing.
11 (Source: P.A. 90-144, eff. 7-23-97; 90-670, eff. 7-31-98;
12 91-935, eff. 6-1-01.)
13 Section 95. No acceleration or delay. Where this Act
14 makes changes in a statute that is represented in this Act by
15 text that is not yet or no longer in effect (for example, a
16 Section represented by multiple versions), the use of that
17 text does not accelerate or delay the taking effect of (i)
18 the changes made by this Act or (ii) provisions derived from
19 any other Public Act.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.
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