Bill Status of HB 5904   99th General Assembly


Short Description:  FOIA-PREVAILING PARTY: FEES

House Sponsors
Rep. Will Guzzardi

Last Action  View All Actions

DateChamber Action
  1/10/2017HouseSession Sine Die

Statutes Amended In Order of Appearance
5 ILCS 140/11from Ch. 116, par. 211

Synopsis As Introduced
Amends the Freedom of Information Act. Provides that if a person seeking the right to inspect or receive a copy of a public record prevails in a proceeding under the Act (instead of the Section concerning the filing of an action in court), the court shall award the person reasonable attorney's fees and costs. Provides that, for the purpose of awarding attorney's fees and costs under the Act, a requester prevails if he or she obtains relief through (i) a voluntary or unilateral change in position by the public body after suit has been filed, unless the public body can demonstrate that its voluntary or unilateral change was not caused by the filing of litigation, (ii) an enforceable written agreement or consent decree, or (iii) a judicial order. Effective immediately.

Actions 
DateChamber Action
  2/11/2016HouseFiled with the Clerk by Rep. Will Guzzardi
  2/11/2016HouseFirst Reading
  2/11/2016HouseReferred to Rules Committee
  1/10/2017HouseSession Sine Die

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