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HI SB297

Bill

Status

Introduced

1/22/2021

Primary Sponsor

Karl Rhoads

Click for details

Origin

Senate

2022 Regular Session

AI Summary

S.B. 297 Summary

  • Requires agencies to file a motion for summary judgment within 30 days of service of process in judicial actions to compel disclosure of government records, with court discretion to extend the deadline if in the interest of justice.

  • Mandates immediate disclosure of government records by the circuit court if an agency fails to timely file the required summary judgment motion, except where prohibited by law.

  • Establishes that when the Office of Information Practices decides to disclose a record and the agency does not appeal within the required timeframe, the agency cannot challenge that decision in subsequent court proceedings.

  • Provides that appellate courts must uphold circuit court decisions to compel disclosure unless palpably erroneous, while reviewing decisions affirming agency denials de novo.

  • Creates a 14-day automatic stay of circuit court disclosure orders allowing agencies to petition the Supreme Court, with a 7-day response period for complainants if a petition is timely filed.

Legislative Description

Relating To Judicial Enforcement Of The Uniform Information Practices Act.

Judicial Enforcement and Review

Last Action

Carried over to 2022 Regular Session.

12/10/2021

Committee Referrals

Government Operations1/25/2021

Full Bill Text

No bill text available