Public Act 90-0670 of the 90th General Assembly

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Public Act 90-0670

HB2503 Enrolled                                LRB9007222KDks

    AN ACT  to  amend  the  Freedom  of  Information  Act  by
changing Section 2.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Freedom of Information Act is amended  by
changing Section 2 as follows:

    (5 ILCS 140/2) (from Ch. 116, par. 202)
    Sec. 2.  Definitions.  As used in this Act:
    (a)  "Public  body"  means  any  legislative,  executive,
administrative,  or  advisory  bodies  of  the  State,  state
universities   and  colleges,  counties,  townships,  cities,
villages, incorporated towns, school districts and all  other
municipal   corporations,  boards,  bureaus,  committees,  or
commissions of this State, and any subsidiary bodies  of  any
of  the foregoing including but not limited to committees and
subcommittees which are supported in whole or in part by  tax
revenue,  or which expend tax revenue. "Public body" does not
include a child death review team established under the Child
Death Review Team Act.
    (b)  "Person"   means   any   individual,    corporation,
partnership,   firm,   organization  or  association,  acting
individually or as a group.
    (c)  "Public records" means all records, reports,  forms,
writings,    letters,   memoranda,   books,   papers,   maps,
photographs, microfilms, cards, tapes, recordings, electronic
data processing records, recorded information and  all  other
documentary   materials,   regardless  of  physical  form  or
characteristics, having been  prepared,  or  having  been  or
being  used,  received, possessed or under the control of any
public body.  "Public records" includes, but is expressly not
limited to:  (i) administrative  manuals,  procedural  rules,
and instructions to staff, unless exempted by Section 7(p) of
this  Act;  (ii)  final  opinions  and  orders  made  in  the
adjudication  of  cases,  except an educational institution's
adjudication of student or employee grievance or disciplinary
cases;  (iii)  substantive   rules;   (iv)   statements   and
interpretations of policy which have been adopted by a public
body;  (v)  final  planning  policies,  recommendations,  and
decisions;  (vi)  factual  reports,  inspection  reports, and
studies whether prepared by or for the public body; (vii) all
information in any account, voucher, or contract dealing with
the receipt or expenditure of public or other funds of public
bodies; (viii) the names,  salaries,  titles,  and  dates  of
employment  of  all  employees and officers of public bodies;
(ix) materials containing opinions concerning the  rights  of
the  state,  the  public,  a  subdivision of state or a local
government, or of any private persons; (x) the name of  every
official  and  the final records of voting in all proceedings
of public bodies; (xi) applications for any contract, permit,
grant, or agreement except as  exempted  from  disclosure  by
subsection  (g)  of Section 7 of this Act; (xii) each report,
document,  study,  or  publication  prepared  by  independent
consultants or other independent contractors for  the  public
body; (xiii) all other information required by law to be made
available for public inspection or copying; (xiv) information
relating to any grant or contract made by or between a public
body  and  another  public  body or private organization; and
(xv) waiver documents filed with the State Superintendent  of
Education  or  the  president  of  the University of Illinois
under Section 30-12.5 of the School Code, concerning nominees
for General Assembly scholarships under Sections 30-9, 30-10,
and 30-11 of the School Code and (xvi) complaints, results of
complaints, and Department of Children  and  Family  Services
staff   findings   of   licensing   violations  at  day  care
facilities,   provided   that   personal   and    identifying
information is not released.
    (d)  "Copying"  means  the  reproduction  of  any  public
record  by  means of any photographic, electronic, mechanical
or other process, device or means.
    (e)  "Head of  the  public  body"  means  the  president,
mayor, chairman, presiding officer, director, superintendent,
manager,  supervisor  or individual otherwise holding primary
executive and administrative authority for the  public  body,
or such person's duly authorized designee.
    (f)  "News  media"  means a newspaper or other periodical
issued at regular intervals, a news service, a radio station,
a television station, a community antenna television service,
or a person or corporation engaged in making  news  reels  or
other motion picture news for public showing.
(Source: P.A. 89-681, eff. 12-13-96; 90-144, eff. 7-23-97.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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