MAJOR VICTORY FOR ILLINOIS FOIA REQUESTORS

Today Governor Pat Quinn Signed into Law a piece of landmark legislation. Senate Bill 189 which changes many aspects of the Freedom of Information Act was signed into law and will take effect January 1, 2010. Many Changes set to take effect include but are not limited to:

Allowing for penalties of not less then $2500 and not more then $5000 each occurrence for willfully and intentionally failing to comply with the act.



A public body may no longer require a request be submitted on a standard form.

It changes the number of days required to comply with a request from 7 days to 5 days as well as change the extension time allowed when needed from an additional 7 days to an additional 5 days.

If a public body fails to supply the requested record in the specified time period but does later supply the record, the public body may not charge for the requested records.

It will limit the charge per page to 15 cents per page which will change Granite City's ordinance establishing 20 cents per page.

It allows for no charge for the first 50 pages of black and white legal size print of a request by a requester.

It eliminates many of the numerous exceptions that were once listed making it hard to understand or know what may be withheld yet it does add a few new exceptions.

It allows for the Creation of Public Access Counselor whose decisions will be binding when assistance is requested for non compliance issues unlike previously when The States Attorney Generals Office could send a letter asking the public body to comply but could not force them to. A loophole in compliance that is closed.

It would also require that all public employee's who deal with FOIA Requests take and pass training curriculum on the Freedom of Information Act.

The Freedom of Information Act reform has been long overdue with numerous violations occurring all over the state but with very little citizens could do without shelling out the money to file suit against public bodies. Hopefully now, public bodies will be more willing to start complying with the law when facing civil penalties.