91st General Assembly
Summary of HB3469
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House Sponsors:
RUTHERFORD-BELLOCK-TURNER,JOHN-DART-RIGHTER.

Senate Sponsors:
ROSKAM-DEMUZIO-DILLARD-HAWKINSON-CRONIN

Short description: 
FOI-ACCESS DENIAL                                                          

Synopsis of Bill as introduced:
        Amends the Freedom of Information Act. Permits  a  person  denied      
   access to inspect or copy a public record by the head of a public body      
   to  request a review of the denial by either the Attorney General or a      
   State's Attorney.  Provides the procedures for requesting  review  and      
   the  powers  necessary  to  investigate  the  denial and determine its      
   validity.  Authorizes the Attorney General or State's Attorney to seek      
   declaratory or injunctive relief against a public body that  fails  to      
   disclose  records in response to the determination that its denial was      
   unlawful.  Authorizes the court to impose civil  penalties  and  award      
   costs  to  the  Attorney  General  or  State's Attorney.  Requires the      
   Attorney General to establish a statewide protocol for handling review      
   requests and annually publish an index of his or her determinations.        
          FISCAL NOTE (Department of Corrections)                              
          There will be no corrections population and minimal fiscal           
          impact.                                                              
          CORRECTIONAL NOTE (Department of Corrections)                        
          Same as DOC fiscal note.                                             
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          5 ILCS 140/20 new                                                    
          Adds reference to:                                                   
          5 ILCS 140/10.5 new                                                  
        Deletes  everything.  Amends  the  Freedom  of  Information  Act.      
   Permits a person denied access to inspect or copy a public  record  by      
   the  head  of  a  public body to request a review of the denial by the      
   Attorney General.  Provides the procedures for requesting  review  and      
   the  powers  necessary  to  investigate  the  denial and determine its      
   validity.  Requires that the Attorney General post his or her opinions      
   on the World Wide Web and make them available for inspection at his or      
   her office.  Permits the award of attorney's fees and litigation costs      
   to any prevailing party in an action brought to compel  disclosure  of      
   records,  rather  than  only  to  a person prevailing against a public      
   body, but limits an award against a private party to those cases  when      
   the  private  party  sought  disclosure despite the Attorney General's      
   opinion that the records were not subject to disclosure  or  when  the      
   private party's action was malicious or frivolous.  Requires the award      
   of  specified  punitive  damages  to  a  prevailing  party  who sought      
   disclosure of  records  that  the  Attorney  General  determined  were      
   subject to disclosure.                                                      
 
Last action on Bill: SESSION SINE DIE

   Last action date: 01-01-09

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   0


   END OF INQUIRY 



 Full Text  Bill Status