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HI SB2090
Bill
AI Summary
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Agencies must file a motion for summary judgment supporting denial of access within 30 days after service of process in judicial enforcement actions, with court authority to extend the deadline if in the interest of justice.
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Court shall order immediate disclosure of government records if the agency fails to timely file a motion for summary judgment, except where disclosure is prohibited by law.
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Appellate courts shall uphold circuit court decisions to compel disclosure unless palpably erroneous, but decisions affirming agency denials of access are reviewed de novo.
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Circuit court decisions to compel disclosure are automatically stayed for 14 days, during which an agency may petition the supreme court; if a timely petition is filed, enforcement remains stayed pending supreme court determination.
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Complainants may file responses within 7 days after service of an agency's petition to the supreme court challenging a circuit court's decision to compel disclosure.
Legislative Description
Relating To Judicial Enforcement Of The Uniform Information Practices Act.
Judicial Enforcement and Review
Last Action
This measure has been deleted from the meeting scheduled on Monday 03-16-20 2:01PM in conference room 325.
3/16/2020