State House passes revamped Freedom of Information Act

SPRINGFIELD - The Illinois House overwhelmingly passed legislation Wednesday to revamp the state's Freedom of Information Act, saying it will give the public easier access to what its governments are doing and possibly fine officials who try to keep their dealings secret.

Speaker Michael Madigan, a Chicago Democrat, proposed the legislation, which will give greater transparency to the public of government documents.

"One of the bedrock principles of our ethics reforms has been transparency," said Madigan. "We amend the Freedom of Information Act to facilitate access to information at all levels of government."

The legislation, approved 116-0 and sent to the Senate, creates a public access counselor under the attorney general to settle disputes between public bodies and those requesting information.

The counselor will issue opinions to resolve disputes, issue advice to public bodies, sue to enforce FOIAs and train Freedom of Information officers annually at all levels of government and also resolve disputes regarding the open meetings act.

The legislation reduces the number of extensions governments can seek before responding to an information request. The practical effect is that rather than having to wait upward of 21 days, people seeking information should have it turned over within 10.

The quicker FOIA responses will be required in five business days, rather than the current seven, with a possible extension of up to five additional days. It also imposes civil penalties for violations.

"There will be consequences for failing to respond to FOIA requests," said Madigan.

Courts will be allowed to impose fines from $2,500 to $5,000 against public bodies that intentionally violate requests. Current laws contain no penalties for violations.

The legislation also requires public bodies to produce records in electronic format whenever the documents are in electronic format.

It requires that public bodies provide the first 50 pages for free and 15 cents per page after that. Additional fees can be charged for color or larger copies and the cost of certifying a record is limited to $1.

It also narrows and clarifies the personal privacy exemption, which Madigan says is the most abused.

The changes create a presumption that all records are public and confirms that if a public body asserts an exemption from disclosure, it has the burden of proving that the record is exempt by clear and convincing evidence, according to Attorney General Lisa Madigan's office.

The Illinois Press Association, a professional organization representing Illinois newspapers, including the Daily Herald, said it "enthusiastically supports" the legislation.

"There are issues which we will continue to press in future sessions of the General Assembly. We suggested some amendments which were not adopted in this bill, but those small disappointments should not overshadow the major changes this bill will bring to Illinois law," said Don Craven, the organization's interim executive director.