IL SB1216 | 2019-2020 | 101st General Assembly

Status

Spectrum: Partisan Bill (Democrat 1-0)
Status: Introduced on February 6 2019 - 25% progression
Action: 2019-03-22 - Rule 3-9(a) / Re-referred to Assignments
Pending: Senate Assignments Committee
Text: Latest bill text (Introduced) [HTML]

Summary

Amends the Freedom of Information Act. Provides that a public body that asserts that a record is exempt from disclosure has the burden of proving by clear and convincing evidence that release of the record would harm an interest protected by the asserted exemption. Removes the requirement that, before imposing specified civil penalties, the court find that a public body willfully and intentionally failed to comply with the Act or otherwise acted in bad faith. Provides that in assessing the civil penalty, the court shall consider in aggravation or mitigation, among other factors, whether the public body acted in bad faith and the extent to which the public body delayed the resolution of the request or lawsuit. Provides that, under specified circumstances, the court shall (rather than may) impose an additional penalty of up to $1,000 for each day the violation continues.

Tracking Information

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Title

FOIA-FAIL TO DISCLOSE-PENALTY

Sponsors


History

DateChamberAction
2019-03-22SenateRule 3-9(a) / Re-referred to Assignments
2019-02-21SenateTo Subcommittee on Governmental Operations
2019-02-13SenateAssigned to Executive
2019-02-06SenateReferred to Assignments
2019-02-06SenateFirst Reading
2019-02-06SenateFiled with Secretary by Sen. Thomas Cullerton

Code Citations

ChapterArticleSectionCitation TypeStatute Text
51401.2Amended CodeCitation Text
514011Amended CodeCitation Text

Illinois State Sources


Bill Comments

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