Sen. Don Harmon

Filed: 3/17/2009

 

 


 

 


 
09600SB1265sam001 LRB096 08879 RCE 22850 a

1
AMENDMENT TO SENATE BILL 1265

2     AMENDMENT NO. ______. Amend Senate Bill 1265 by replacing
3 everything after the enacting clause with the following:
 
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, any subsidiary bodies of any of the
14 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, and a School Finance

 

 

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1 Authority created under Article 1E of the School Code. "Public
2 body" does not include a child death review team or the
3 Illinois Child Death Review Teams Executive Council
4 established under the Child Death Review Team Act.
5     (b) "Person" means any individual, corporation,
6 partnership, firm, organization or association, acting
7 individually or as a group.
8     (c) "Public records" means all records, reports, forms,
9 writings, letters, memoranda, books, papers, maps,
10 photographs, microfilms, cards, tapes, recordings, electronic
11 data processing records, recorded information and all other
12 documentary materials, regardless of physical form or
13 characteristics, having been prepared, or having been or being
14 used, received, possessed or under the control of any public
15 body. "Public records" includes, but is expressly not limited
16 to: (i) administrative manuals, procedural rules, and
17 instructions to staff, unless exempted by Section 7(p) of this
18 Act; (ii) final opinions and orders made in the adjudication of
19 cases, except an educational institution's adjudication of
20 student or employee grievance or disciplinary cases; (iii)
21 substantive rules; (iv) statements and interpretations of
22 policy which have been adopted by a public body; (v) final
23 planning policies, recommendations, and decisions; (vi)
24 factual reports, inspection reports, and studies whether
25 prepared by or for the public body; (vii) all information in
26 any account, voucher, or contract dealing with the receipt or

 

 

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1 expenditure of public or other funds of public bodies; (viii)
2 the names, salaries, titles, and dates of employment of all
3 employees and officers of public bodies; (ix) materials
4 containing opinions concerning the rights of the state, the
5 public, a subdivision of state or a local government, or of any
6 private persons; (x) the name of every official and the final
7 records of voting in all proceedings of public bodies; (xi)
8 applications for any contract, permit, grant, or agreement
9 except as exempted from disclosure by subsection (g) of Section
10 7 of this Act; (xii) each report, document, study, or
11 publication prepared by independent consultants or other
12 independent contractors for the public body; (xiii) all other
13 information required by law to be made available for public
14 inspection or copying; (xiv) information relating to any grant
15 or contract made by or between a public body and another public
16 body or private organization; (xv) waiver documents filed with
17 the State Superintendent of Education or the president of the
18 University of Illinois under Section 30-12.5 of the School
19 Code, concerning nominees for General Assembly scholarships
20 under Sections 30-9, 30-10, and 30-11 of the School Code; (xvi)
21 complaints, results of complaints, and Department of Children
22 and Family Services staff findings of licensing violations at
23 day care facilities, provided that personal and identifying
24 information is not released; and (xvii) records, reports,
25 forms, writings, letters, memoranda, books, papers, and other
26 documentary information, regardless of physical form or

 

 

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1 characteristics, having been prepared, or having been or being
2 used, received, possessed, or under the control of the Illinois
3 Sports Facilities Authority dealing with the receipt or
4 expenditure of public funds or other funds of the Authority in
5 connection with the reconstruction, renovation, remodeling,
6 extension, or improvement of all or substantially all of an
7 existing "facility" as that term is defined in the Illinois
8 Sports Facilities Authority Act; and (xviii) all settlement
9 agreements entered into by or on behalf of a public body,
10 provided that information exempt from disclosure under Section
11 7 of this Act may be redacted.
12     (d) "Copying" means the reproduction of any public record
13 by means of any photographic, electronic, mechanical or other
14 process, device or means.
15     (e) "Head of the public body" means the president, mayor,
16 chairman, presiding officer, director, superintendent,
17 manager, supervisor or individual otherwise holding primary
18 executive and administrative authority for the public body, or
19 such person's duly authorized designee.
20     (f) "News media" means a newspaper or other periodical
21 issued at regular intervals whether in print or electronic
22 format, a news service whether in print or electronic format, a
23 radio station, a television station, a television network, a
24 community antenna television service, or a person or
25 corporation engaged in making news reels or other motion
26 picture news for public showing.

 

 

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1 (Source: P.A. 91-935, eff. 6-1-01; 92-335, eff. 8-10-01;
2 92-468, eff. 8-22-01; 92-547, eff. 6-13-02; 92-651, eff.
3 7-11-02.)".