Illinois General Assembly - Bill Status for SB0690
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 Bill Status of SB0690  93rd General Assembly

Short Description:  FOI-ATTORNEY FEES

Senate Sponsors
Sen. John J. Cullerton - Chris Lauzen, Richard J. Winkel, Jr. and Christine Radogno

House Sponsors
(Rep. Barbara Flynn Currie and Kevin Joyce)

Last Action
DateChamber Action
  8/8/2003SenatePublic Act . . . . . . . . . 93-0466

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


Synopsis As Introduced
Amends the Freedom of Information Act. For a court's awarding of attorney fees in a suit resulting from denial of disclosure of a public record, removes the requirements that (i) the record is highly significant to the general public and (ii) the public body lacked a reasonable legal basis for the denial.

Senate Floor Amendment No. 1
Prohibits a court from awarding attorney fees when the fundamental purpose of the request was to further the commercial interest of the requestor unless (i) the records are of clearly significant public interest and (ii) the public body lacked a legal basis for its denial. Requires a court to award fees and costs to a prevailing public body if the disclosure action was malicious or frivolous.

Senate Floor Amendment No. 2
Deletes everything. Amends the Freedom of Information Act. Permits a court to award attorney fees and costs to a party denied public records requested fundamentally for their commercial value only if the records were of clearly significant public interest and the public body lacked a legal basis for its denial.

House Committee Amendment No. 1
Permits a court to award costs, as well as fees, to a prevailing party who sought disclosure.

Actions 
DateChamber Action
  2/19/2003SenateFiled with Secretary by Sen. John J. Cullerton
  2/19/2003SenateFirst Reading
  2/19/2003SenateReferred to Rules
  2/27/2003SenateAdded as Co-Sponsor Sen. Richard J. Winkel, Jr.
  3/3/2003SenateAdded as Chief Co-Sponsor Sen. Chris Lauzen
  3/5/2003SenateAssigned to Judiciary
  3/5/2003SenateAdded as Co-Sponsor Sen. Christine Radogno
  3/18/2003SenateDo Pass Judiciary; 010-000-000
  3/18/2003SenatePlaced on Calendar Order of 2nd Reading March 19, 2003
  3/25/2003SenateSecond Reading
  3/25/2003SenatePlaced on Calendar Order of 3rd Reading March 26, 2003
  3/25/2003SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton
  3/25/2003SenateSenate Floor Amendment No. 1 Referred to Rules
  3/26/2003SenateSenate Floor Amendment No. 1 Rules Refers to Judiciary
  3/27/2003SenateSenate Floor Amendment No. 1 Be Approved for Consideration Judiciary; 010-000-000
  4/2/2003SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton
  4/2/2003SenateSenate Floor Amendment No. 2 Referred to Rules
  4/2/2003SenateSenate Floor Amendment No. 2 Rules Refers to Judiciary
  4/2/2003SenateSenate Floor Amendment No. 2 Be Approved for Consideration Judiciary; 008-000-000
  4/2/2003SenateRecalled to Second Reading
  4/2/2003SenateSenate Floor Amendment No. 1 Adopted; Cullerton
  4/2/2003SenateSenate Floor Amendment No. 2 Adopted; Cullerton
  4/2/2003SenatePlaced on Calendar Order of 3rd Reading April 3, 2003
  4/3/2003SenateThird Reading - Passed; 058-000-000
  4/3/2003HouseArrived in House
  4/8/2003HouseChief House Sponsor Rep. Barbara Flynn Currie
  4/8/2003HouseFirst Reading
  4/8/2003HouseReferred to Rules Committee
  4/8/2003HouseAssigned to State Government Administration Committee
  4/16/2003HouseHouse Committee Amendment No. 1 Filed with Clerk by State Government Administration Committee
  4/16/2003HouseHouse Committee Amendment No. 1 Adopted in State Government Administration Committee; by Voice Vote
  4/16/2003HouseDo Pass as Amended / Short Debate State Government Administration Committee; 009-000-000
  4/16/2003HousePlaced on Calendar 2nd Reading - Short Debate
  4/29/2003HouseAdded Alternate Co-Sponsor Rep. Kevin Joyce
  5/9/2003HouseSecond Reading - Short Debate
  5/9/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/14/2003HouseThird Reading - Short Debate - Passed 117-000-000
  5/14/2003SenateSecretary's Desk - Concurrence House Amendment(s) 01
  5/14/2003SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01 - May 15, 2003
  5/21/2003SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. John J. Cullerton
  5/21/2003SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Rules
  5/22/2003SenateHouse Committee Amendment No. 1 Motion to Concur Rules Referred to Judiciary
  5/22/2003SenateHouse Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Judiciary; 008-000-000
  5/29/2003SenateHouse Committee Amendment No. 1 Senate Concurs 058-000-000
  5/29/2003SenatePassed Both Houses
  6/27/2003SenateSent to the Governor
  8/8/2003SenateGovernor Approved
  8/8/2003SenateEffective Date January 1, 2004
  8/8/2003SenatePublic Act . . . . . . . . . 93-0466

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