FOIA: A Few Highlights of Illinois' Statute

Compare this with bills pending in the Michigan Legislature to upgrade our Freedom of Information Act (FOIA).

Bear in mind that relying on sketchy descriptions of a statute is risky.  It’s best to read the whole thing, together with related court decisions.  Among the subjects glossed over in this review are various response time limitations and FOIA requests for commercial purposes.

Illinois legislators drafted and passed a major overhaul of their FOIA in 2009, effective January 1, 2010.  In the preamble, legislators acknowledge that technology might outpace their ability to keep up, but the Act’s principles are to apply as much as possible.

Of particular interest to me, the statute defines and delineates categories of “recurrent requester.” Remember the saga of Kim Orlich and the City of Belding?  Wouldn’t happen in Illinois.

The statute applies to a long list of public bodies, including executive and legislative bodies  

(but not the General Assembly itself).  A public body may not require an information seeker to use a standard form.

Access to records is presumed open.  The burden is on the government to overcome the presumption.  Proof must be clear and convincing.

If the response of a public body to a request for records is late, no fee may be charged for the records.

There are provisions for requests that are unduly burdensome to the public body.

Requests for commercial purposes are treated separately.

The highest hourly rate that staff can charge is $10.00, but the first eight hours are free.

The statute creates the position of Public Access Counselor (PAC) under the Attorney General (AG).  The AG is empowered to subpoena public records.

The PAC may issue (ex parte) advisory opinions at the request of a public body, but such opinions are neither final nor subject to administrative review.

A person whose request for records has been denied may go directly to the circuit court for the county in which he or she resides or seek a less formal review by the PAC.

In reviewing denials of FOIA requests, the PAC makes findings of fact and conclusions of law. The PAC is required to issue an opinion within 60 days.  The opinion is binding, subject to administrative and/or circuit court appeal.

If the matter goes to circuit court, it’s heard de novo (or “anew”), which I take to mean the court can draw its own conclusions from any statements or other evidence already accepted in earlier proceedings.

The statute establishes (reaffirms?) the circuit court’s contempt powers to compel public body personnel to comply with the court’s orders.  The court is authorized to award a successful information seeker reasonable attorney fees.  Civil penalties against a public body may range from $2500 to $5000.

Illinois’ FOIA can be found at:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=85&ChapterID=2