Bill Status of HB 4715   99th General Assembly

Short Description:  GOVERNMENT-TECH

House Sponsors
Rep. Terri Bryant, Jack D. Franks, Carol Ammons and Linda Chapa LaVia

Senate Sponsors
(Sen. Christine Radogno, David S. Luechtefeld, Gary Forby, Melinda Bush, Michael E. Hastings and Linda Holmes)


Last Action  View All Actions

DateChamber Action
  7/19/2016HousePublic Act . . . . . . . . . 99-0586

Statutes Amended In Order of Appearance
5 ILCS 100/1-1from Ch. 127, par. 1001-1

Synopsis As Introduced
Amends the Illinois Administrative Procedure Act. Makes a technical change in a Section concerning the short title.

House Committee Amendment No. 1
Deletes reference to:
5 ILCS 100/1-1
Adds reference to:
5 ILCS 140/11

Replaces everything after the enacting clause. Amends the Freedom of Information Act. Provides that if the court determines that a public body willfully and intentionally failed to comply with the Act, or otherwise acted in bad faith, the court shall also impose upon the public body a civil penalty of not less than $2,500 nor more than $10,000 (instead of $5,000) for each occurrence. Provides that if the public body fails to comply with the court's order after 30 days, the court shall impose an additional $1,000 penalty for each day the violation continues.

House Committee Amendment No. 2
Deletes reference to:
5 ILCS 100/1-1
Adds reference to:
5 ILCS 140/2from Ch. 116, par. 202
5 ILCS 140/11from Ch. 116, par. 211

Replaces everything after the enacting clause. Amends the Freedom of Information Act. Defines "prevails" as meaning that the plaintiff achieves his or her desired outcome through a court order or production of all requested documents. Provides that if the court determines that a public body willfully and intentionally failed to comply with the Act, or otherwise acted in bad faith, the court shall also impose upon the public body a civil penalty of not less than $2,500 nor more than $10,000 (instead of $5,000) for each occurrence. Provides that if the public body fails to comply with the court's order after 30 days, the court may impose an additional penalty of up to $1,000 for each day the violation continues.

House Floor Amendment No. 3
Replaces everything after the enacting clause with the provisions of House Amendment No. 2, and makes the following changes: (1) removes the definition of "prevails"; and (2) provides that the court may impose the additional daily penalty if the order is not on appeal or stayed.

Senate Committee Amendment No. 1
Adds reference to:
5 ILCS 140/11.6 new

Replaces everything after the enacting clause with the provisions of the engrossed bill, and makes the following changes: (1) removes the change providing that if the court determines that a public body willfully and intentionally failed to comply with the Act, or otherwise acted in bad faith, the court shall also impose upon the public body a civil penalty of not less than $2,500 nor more than $10,000 (instead of $5,000) for each occurrence; (2) provides that if the Public Access Counselor issues a binding opinion, the public body does not file for administrative review of the binding opinion within 30 days after issuance of the opinion, and the public body does not comply with the binding opinion within 30 days, the requester may file an action and it shall be presumed that the public body willfully and intentionally failed to comply with the Act; and (3) provides that the amendatory Act applies to actions filed and binding opinions of the Public Access Counselor requested or issued on or after the effective date.

Senate Floor Amendment No. 2
Replaces everything after the enacting clause with the provisions of Senate Amendment No. 1, and makes the following changes: provides that if the Attorney General (instead of "Public Access Counselor") issues a binding opinion and the public body does not file for administrative review of or comply with the binding opinion within 35 (instead of 30) days after the binding opinion is served on the public body (instead of issuance of the opinion), the requester may file an action and there shall be a rebuttable presumption that the public body willfully and intentionally failed to comply with the Act.

Actions 
DateChamber Action
  2/5/2016HouseFiled with the Clerk by Rep. Jim Durkin
  2/5/2016HouseFirst Reading
  2/5/2016HouseReferred to Rules Committee
  2/23/2016HouseAssigned to Executive Committee
  3/31/2016HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Terri Bryant
  3/31/2016HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  4/4/2016HouseRe-assigned to Judiciary - Civil Committee
  4/4/2016HouseHouse Committee Amendment No. 1 Rules Refers to Judiciary - Civil Committee
  4/4/2016HouseChief Sponsor Changed to Rep. Terri Bryant
  4/6/2016HouseHouse Committee Amendment No. 2 Filed with Clerk by Rep. Terri Bryant
  4/6/2016HouseHouse Committee Amendment No. 2 Referred to Rules Committee
  4/6/2016HouseHouse Committee Amendment No. 2 Rules Refers to Judiciary - Civil Committee
  4/8/2016HouseCommittee Deadline Extended-Rule 9(b) April 22, 2016
  4/13/2016HouseHouse Committee Amendment No. 1 Adopted in Judiciary - Civil Committee; by Voice Vote
  4/13/2016HouseHouse Committee Amendment No. 2 Adopted in Judiciary - Civil Committee; by Voice Vote
  4/13/2016HouseDo Pass as Amended / Short Debate Judiciary - Civil Committee; 009-000-000
  4/13/2016HousePlaced on Calendar 2nd Reading - Short Debate
  4/15/2016HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Terri Bryant
  4/15/2016HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/15/2016HouseSecond Reading - Short Debate
  4/15/2016HouseHeld on Calendar Order of Second Reading - Short Debate
  4/18/2016HouseHouse Floor Amendment No. 3 Rules Refers to Judiciary - Civil Committee
  4/21/2016HouseHouse Floor Amendment No. 3 Recommends Be Adopted Judiciary - Civil Committee; 007-000-000
  4/21/2016HouseHouse Floor Amendment No. 3 Adopted
  4/21/2016HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/22/2016HouseThird Reading - Short Debate - Passed 107-000-000
  4/22/2016HouseAdded Co-Sponsor Rep. Jack D. Franks
  4/22/2016HouseAdded Co-Sponsor Rep. Carol Ammons
  4/22/2016HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/25/2016SenateArrive in Senate
  4/25/2016SenatePlaced on Calendar Order of First Reading
  4/25/2016SenateChief Senate Sponsor Sen. Christine Radogno
  4/25/2016SenateFirst Reading
  4/25/2016SenateReferred to Assignments
  5/5/2016SenateAdded as Alternate Co-Sponsor Sen. David S. Luechtefeld
  5/5/2016SenateAssigned to Executive
  5/6/2016SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Christine Radogno
  5/6/2016SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/10/2016SenateSenate Committee Amendment No. 1 Assignments Refers to Executive
  5/11/2016SenateSenate Committee Amendment No. 1 Adopted
  5/12/2016SenateDo Pass as Amended Executive; 017-000-000
  5/12/2016SenatePlaced on Calendar Order of 2nd Reading May 17, 2016
  5/17/2016SenateAdded as Alternate Co-Sponsor Sen. Gary Forby
  5/17/2016SenateAdded as Alternate Co-Sponsor Sen. Melinda Bush
  5/17/2016SenateAdded as Alternate Co-Sponsor Sen. Michael E. Hastings
  5/18/2016SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Christine Radogno
  5/18/2016SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/18/2016SenateAdded as Alternate Co-Sponsor Sen. Linda Holmes
  5/18/2016SenateSecond Reading
  5/18/2016SenatePlaced on Calendar Order of 3rd Reading May 19, 2016
  5/18/2016SenateSenate Floor Amendment No. 2 Assignments Refers to Executive
  5/19/2016SenateSenate Floor Amendment No. 2 Recommend Do Adopt Executive; 013-000-000
  5/24/2016SenateRecalled to Second Reading
  5/24/2016SenateSenate Floor Amendment No. 2 Adopted; Radogno
  5/24/2016SenatePlaced on Calendar Order of 3rd Reading
  5/24/2016SenateThird Reading - Passed; 056-000-000
  5/24/2016HouseArrived in House
  5/24/2016HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2
  5/24/2016HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Terri Bryant
  5/24/2016HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Terri Bryant
  5/24/2016HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/24/2016HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/25/2016HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary - Civil Committee
  5/25/2016HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Judiciary - Civil Committee
  5/25/2016HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 010-000-000
  5/25/2016HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Judiciary - Civil Committee; 010-000-000
  5/29/2016HouseSenate Committee Amendment No. 1 House Concurs 113-001-000
  5/29/2016HouseSenate Floor Amendment No. 2 House Concurs 113-001-000
  5/29/2016HouseHouse Concurs
  5/29/2016HousePassed Both Houses
  6/27/2016HouseSent to the Governor
  7/19/2016HouseGovernor Approved
  7/19/2016HouseEffective Date January 1, 2017
  7/19/2016HousePublic Act . . . . . . . . . 99-0586

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