91st General Assembly
Status of HB4341
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CURRIE-LANG-MCKEON.

(CULLERTON)

   5 ILCS 140/11             from Ch. 116, par. 211                            
   5 ILCS 140/11.5 new                                                         
   5 ILCS 140/11.10 new                                                        

        Amends  the  Freedom  of  Information   Act.    Deletes   current      
   provisions  concerning  the  award  of  attorney's fees in proceedings      
   brought under the Act.  Provides that if suit  is  brought  against  a      
   public  body under the Act and a court determines that the public body      
   unlawfully refused to permit the inspection, examination,  or  copying      
   of a public record, the court shall award the person bringing the suit      
   the  reasonable  costs  of  enforcing  the  Act,  including reasonable      
   attorney's fees.  Provides that if a public body appeals a court order      
   requiring the inspection of records and that order  is  affirmed,  the      
   court  shall award the person seeking the record reasonable attorney's      
   fees associated with the appeal.  Provides that a person who knowingly      
   violates the provisions of the Act is guilty of a petty offense.            
        HOUSE AMENDMENT NO. 1.                                                 
        Further amends the Freedom of Information Act.  Provides  that  a      
   court may award attorney's fees and costs if the court determines that      
   a   public   body   unlawfully   refused  to  permit  the  inspection,      
   examination, or copying of a public record  or  records  or  that  the      
   public  body  otherwise  failed to comply with the Act (now attorney's      
   fees and costs may be awarded if the court finds that the public  body      
   unlawfully  refused  to permit the inspection, examination, or copying      
   of a public record).  Provides that an award of costs  and  attorney's      
   fees  shall  include costs and attorney's fees associated with work on      
   an appeal (now attorney's  fees  associated  with  an  appeal  may  be      
   awarded only if the court order requiring the inspection of records is      
   affirmed).                                                                  
        HOUSE AMENDMENT NO. 2.                                                 
        Further amends the Freedom of Information Act.  Provides  that  a      
   court  shall  award  attorney's  fees  and  costs  to a person who has      
   substantially prevailed in a proceeding under the Act  if  the  public      
   body  unlawfully  refuses  to  permit  the inspection, examination, or      
   copying of public records or otherwise fails to comply  with  the  Act      
   (now,  the  court  shall award attorney's fees and costs to the person      
   bringing the suit if a public body unlawfully refuses  to  permit  the      
   inspection, examination, or copying of a public record). Provides that      
   the  award  of attorney's fees and costs shall include attorney's fees      
   and costs associated with work on  an  appeal  (now,  attorney's  fees      
   associated with an appeal may be awarded only if the order is affirmed      
   on appeal).                                                                 
   00-02-03  H  FILED WITH CLERK                                               
   00-02-03  H  FIRST READING                                                  
   00-02-03  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   00-02-09  H       ASSIGNED TO COMMITTEE               JUD-CIVIL LAW         
   00-02-16  H                             AMENDMENT NO. 01-JUD-CIVIL LAW H    
   00-02-16  H                                   ADOPTED                       
   00-02-16  H                             AMENDMENT NO. 02-JUD-CIVIL LAW H    
   00-02-16  H                                   ADOPTED                       
   00-02-16  H  DO PASS AMENDED/SHORT DEBATE             011-000-000   HJUA    
   00-02-16  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   00-02-22  H  FISCAL NOTE REQUESTED AS AMENDED         TENHOUSE              
   00-02-22  H             FISCAL NOTE REQUEST-WITHDRAWN TENHOUSE              
   00-02-22  H  SECOND READING-SHORT DEBATE                                    
   00-02-22  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   00-02-23  H  THIRD READING/SHORT DEBATE/PASSED        115-000-000           
   00-02-23  H  ADDED AS A JOINT SPONSOR                 LANG                  
   00-02-23  H  ADDED AS A JOINT SPONSOR                 MCKEON                
   00-02-24  S  ARRIVE IN SENATE                                               
   00-02-24  S  PLACED CALENDAR ORDER OF FIRST READING   00-02-25              
   00-02-24  S  CHIEF SPONSOR                            GEO-KARIS             
   00-02-25  S  FIRST READING                                                  
   00-02-25  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   00-03-02  S  SPONSOR REMOVED                          GEO-KARIS             
   00-03-02  S  ALTERNATE CHIEF SPONSOR CHANGED TO       CULLERTON             
   01-01-09  H  SESSION SINE DIE                                               

   END OF INQUIRY 



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