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92_HB3078enr HB3078 Enrolled LRB9206335JMmbA 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, HB3078 Enrolled -2- LRB9206335JMmbA 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 HB3078 Enrolled -3- LRB9206335JMmbA 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 HB3078 Enrolled -4- LRB9206335JMmbA 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 HB3078 Enrolled -5- LRB9206335JMmbA 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. HB3078 Enrolled -6- LRB9206335JMmbA 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.