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HI HB2596
Bill
Status
1/25/2012
Primary Sponsor
Calvin Say
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AI Summary
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Creates a new process allowing agencies to seek judicial review of Office of Information Practices decisions through special proceedings in circuit court, with notice required to the office and the person who requested the decision.
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Establishes that circuit court review is limited to the record before the Office of Information Practices unless extraordinary circumstances justify additional evidence, and agencies must prove decisions were "palpably erroneous" to overturn them.
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Makes Office of Information Practices opinions and rulings admissible as precedent in court proceedings unless found palpably erroneous, except that decisions upholding agency denials of access must be reviewed de novo.
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Clarifies that in civil actions by individuals against agencies for records violations, the court may examine records in camera and opinions upholding agency denials are reviewed de novo rather than as precedent.
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Takes effect January 1, 2013.
Legislative Description
Sunshine Law; Uniform Information Practices Act; Appeals
Last Action
(H) The committee(s) on JUD recommend(s) that the measure be deferred.
2/13/2012