House Sponsors: CURRIE-LANG-MCKEON. Senate Sponsors: CULLERTON Short description: FOIA-ATTY FEES-VIOLATIONS Synopsis of Bill as introduced: 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). Last action on Bill: SESSION SINE DIE Last action date: 01-01-09 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 2 SENATE - 0 END OF INQUIRY Full Text Bill Status