HB 438 — FOIA-ATTORNEY FEES
Last action — Session Sine Die
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 93rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Amends the Freedom of Information Act. Deletes current provisions concerning the award of attorney's fees. Provides that a court shall award reasonable costs, including attorney's fees at trial and on appeal, to a person who substantially prevails in a proceeding against a public body that has failed to comply with the Act.
Bill Text
What changed in the latest version
3 added · 3 removedPlain-language change summary
The recent changes to Bill HB 438 include the addition of three lines and the removal of three lines in the text. This likely means that specific details or provisions have been clarified or updated. These amendments are important because they can influence how the bill will be interpreted or implemented, potentially affecting the laws or regulations it aims to change.
093_HB0438HB0438 Engrossed LRB093 04630 RCE 04683 b AN ACT concerning freedom of information.
(i) A description of the nature or contents of each document withheld, or each deletion from a released document, HB0438 Engrossed -2- LRB093 04630 RCE 04683 b provided, however, that the public body shall not be required to disclose the information which it asserts is exempt;
85-1357.) (5 ILCS 140/11.5 new) _e_____________________s________________________i___________ HB0438 Engrossed -3- LRB093 04630 RCE 04683 b _____s_____________________n______________________s_____________ ______d____________________p________________________r___________ _____t______________________r_____________________e_____________ _____p_____________________l______________________e_____________ _____y_____________________h______________________h_____________ _____u_____________________d______________________r_____________ ______r____________________o______________________t_____________ _____n_____________________.______________________'_____________ ______s____________________e______________________s_____________ _____o_____________
Action History
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Session Sine Die
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Rule 3-9(a) / Re-referred to Rules
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Held in Executive
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Assigned to Executive
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Referred to Rules
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First Reading
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Chief Senate Sponsor Sen. Jeffrey M. Schoenberg
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Placed on Calendar Order of First Reading March 6, 2003
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Arrive in Senate
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Third Reading - Short Debate - Passed 089-025-002
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Fiscal Note Filed
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Judicial Note Filed
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State Debt Impact Note Filed
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate State Government Administration Committee; 009-000-000
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Added Co-Sponsor Rep. Mary K. O'Brien
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Assigned to State Government Administration Committee
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Referred to Rules Committee
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First Reading
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Filed with the Clerk by Rep. Barbara Flynn Currie
Sponsors
- Barbara Flynn Currie · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on · 2 voted No
Sponsors (0)
None.
Co-sponsors (1)
- Barbara Flynn Currie
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 79 | 23 | 0 | 4 |
| Democrat | 9 | 0 | 0 | 0 |
| Republican | 1 | 2 | 0 | 0 |
| Total | 89 | 25 | 0 | 4 |
| % of votes cast | 75% | 21% | 0% | 3% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Saviano | — | Yea |
| Schmitz | — | Nay |
| Slone | — | Yea |
| Yarbrough | — | Yea |
| Acevedo | — | Yea |
| Aguilar | — | Yea |
| Bassi | — | Nay |
| Mathias | — | Nay |
| Beaubien | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Mautino | — | Yea |
| Biggins | — | Yea |
| Black | — | Not Voting |
| Boland | — | Nay |
| May | — | Yea |
| Bost | — | Nay |
| Brauer | — | Yea |
| Brosnahan | — | Yea |
| Brunsvold | — | Yea |
| Molaro | — | Yea |
| Dunn | — | Nay |
| Eddy | — | Nay |
| Hassert | — | Yea |
| Myers | — | Yea |
| Jefferson | — | Yea |
| O'Brien | — | Yea |
| Pankau | — | Yea |
| Parke | — | Not Voting |
| Krause | — | Yea |
| Kurtz | — | Yea |
| Leitch | — | Nay |
| Howard | — | Yea |
| Madigan | — | Yea |
| Millner | — | Nay |
| Jones | — | Yea |
| Moffitt | — | Yea |
| Morrow | — | Not Voting |
| Davis, Monique | — | Yea |
| Davis, Steve | — | Yea |
| Mulligan | — | Nay |
| Munson | — | Yea |
| Nekritz | — | Yea |
| Novak | — | Yea |
| Osmond | — | Yea |
| Osterman | — | Yea |
| Brady | — | Nay |
| Mitchell, Bill | — | Nay |
| Phelps | — | Nay |
| Watson | — | Nay |
| Sommer | — | Nay |
| Tenhouse | — | Yea |
| Turner | — | Yea |
| Wait | — | Nay |
| Washington | — | Yea |
| Winters | — | Nay |
| Churchill | — | Yea |
| Colvin | — | Yea |
| Coulson | — | Nay |
| Cross | — | Yea |
| Cultra | — | Nay |
| Currie | — | Yea |
| Daniels | — | Yea |
| Forby | — | Nay |
| Holbrook | — | Yea |
| Hultgren | — | Nay |
| Jakobsson | — | Nay |
| Kosel | — | Yea |
| Wirsing | — | Not Voting |
| Younge | — | Yea |
| Lang | — | Yea |
| Lindner | — | Yea |
| McAuliffe | — | Yea |
| McCarthy | — | Yea |
| McKeon | — | Yea |
| Mendoza | — | Yea |
| Meyer | — | Yea |
| Bailey | — | Yea |
| Lyons, Eileen | — | Yea |
| Lyons, Joseph | — | Yea |
| Reitz | — | Yea |
| Pihos | — | Yea |
| Scully | — | Yea |
| Soto | — | Yea |
| McGuire | — | Yea |
| Bradley, Richard | — | Yea |
| Hannig | — | Yea |
| Burke | — | Yea |
| Mitchell, Jerry | — | Yea |
| Sullivan | — | Yea |
| Capparelli | — | Yea |
| Dunkin | — | Yea |
| Flider | — | Yea |
| Flowers | — | Yea |
| Franks | — | Yea |
| Fritchey | — | Yea |
| Froehlich | — | Yea |
| Giles | — | Yea |
| Graham | — | Yea |
| Granberg | — | Yea |
| Hamos | — | Yea |
| Hartke | — | Yea |
| Poe | — | Yea |
| Ryg | — | Yea |
| Sacia | — | Nay |
| Chapa LaVia | — | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Michael J. Kelly | Democrat | Yea |
| Nicholas K. Smith | Democrat | Yea |
| Patrick J. Joyce | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| William "Will" Davis | Democrat | Yea |
| Brad Stephens | Republican | Nay |
| Chapin Rose | Republican | Nay |
| Chris Miller | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 438 do?
- Amends the Freedom of Information Act. Deletes current provisions concerning the award of attorney's fees. Provides that a court shall award reasonable costs, including attorney's fees at trial and on appeal, to a person who substantially prevails in a proceeding against a public body that has failed to comply with the Act.
- Who sponsors HB 438?
- HB 438 is sponsored by Barbara Flynn Currie.
- What is the current status of HB 438?
- This bill died with 93rd Regular Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 438?
- Track HB 438 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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