House Sponsors: RUTHERFORD-BELLOCK-TURNER,JOHN-DART-RIGHTER. Senate Sponsors: ROSKAM-DEMUZIO-DILLARD-HAWKINSON-CRONIN Short description: FOI-ACCESS DENIAL Synopsis of Bill as introduced: Amends the Freedom of Information Act. Permits a person denied access to inspect or copy a public record by the head of a public body to request a review of the denial by either the Attorney General or a State's Attorney. Provides the procedures for requesting review and the powers necessary to investigate the denial and determine its validity. Authorizes the Attorney General or State's Attorney to seek declaratory or injunctive relief against a public body that fails to disclose records in response to the determination that its denial was unlawful. Authorizes the court to impose civil penalties and award costs to the Attorney General or State's Attorney. Requires the Attorney General to establish a statewide protocol for handling review requests and annually publish an index of his or her determinations. FISCAL NOTE (Department of Corrections) There will be no corrections population and minimal fiscal impact. CORRECTIONAL NOTE (Department of Corrections) Same as DOC fiscal note. HOUSE AMENDMENT NO. 1. Deletes reference to: 5 ILCS 140/20 new Adds reference to: 5 ILCS 140/10.5 new Deletes everything. Amends the Freedom of Information Act. Permits a person denied access to inspect or copy a public record by the head of a public body to request a review of the denial by the Attorney General. Provides the procedures for requesting review and the powers necessary to investigate the denial and determine its validity. Requires that the Attorney General post his or her opinions on the World Wide Web and make them available for inspection at his or her office. Permits the award of attorney's fees and litigation costs to any prevailing party in an action brought to compel disclosure of records, rather than only to a person prevailing against a public body, but limits an award against a private party to those cases when the private party sought disclosure despite the Attorney General's opinion that the records were not subject to disclosure or when the private party's action was malicious or frivolous. Requires the award of specified punitive damages to a prevailing party who sought disclosure of records that the Attorney General determined were subject to disclosure. Last action on Bill: SESSION SINE DIE Last action date: 01-01-09 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 0 END OF INQUIRY Full Text Bill Status