Full Text of HB1345 96th General Assembly
HB1345sam001 96TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 5/17/2009
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| AMENDMENT TO HOUSE BILL 1345
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| AMENDMENT NO. ______. Amend House Bill 1345 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Freedom of Information Act is amended by | 5 |
| changing Section 2 as follows:
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| (5 ILCS 140/2) (from Ch. 116, par. 202)
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| Sec. 2. Definitions. As used in this Act:
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| (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
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| 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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| 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
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| established under
the Child Death Review Team Act.
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| (b) "Person" means any individual, corporation, | 6 |
| partnership, firm,
organization
or association, acting | 7 |
| individually or as a group.
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| (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
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| 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
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| 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
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| 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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| expenditure of public or other funds of public bodies; (viii)
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| 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
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| 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
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| Code, concerning nominees for
General Assembly scholarships | 20 |
| under
Sections 30-9, 30-10, and 30-11 of the School Code; (xvi)
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| 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,
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| forms, writings, letters, memoranda, books, papers, and other | 26 |
| documentary
information, regardless of physical form or |
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| 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
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| 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 .
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| (d) "Copying" means the reproduction of any public record | 13 |
| by means of any
photographic, electronic, mechanical or other | 14 |
| process, device or means.
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| (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.
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| (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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| (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.)".
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