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HI SB297
Bill
Status
1/22/2021
Primary Sponsor
Karl Rhoads
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AI Summary
S.B. 297 Summary
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Requires agencies to file a motion for summary judgment supporting denial of access to government records within 30 days after service of process in judicial enforcement actions, with court discretion to extend the deadline if in the interest of justice.
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Mandates immediate disclosure of government records by circuit court if the agency fails to timely file the required motion for summary judgment, except where disclosure is prohibited by law.
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Establishes appellate review standards where circuit court decisions compelling disclosure are reviewed under a "palpably erroneous" standard, but decisions affirming agency denials are reviewed de novo.
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Provides for automatic 14-day stay of enforcement of circuit court disclosure orders during which an agency may petition the Supreme Court, with an additional stay if the petition is timely filed pending Supreme Court determination.
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Allows either party to appeal circuit court decisions, with complainants able to file responses within 7 days after service of an agency petition to the Supreme Court.
Legislative Description
Relating To Judicial Enforcement Of The Uniform Information Practices Act.
Judicial Enforcement and Review
Last Action
Referred to GVO, JDC.
1/25/2021