New FOIA enemies list
The state's freedom of information law is imperiled whenever the Illinois General Assembly is in session.
In the last minute hustle and bustle of the legislature, confusion reigns.
That makes it a perfect time to try to pass a last-minute proposal dropped into the legislative hopper.
That's what happened this week with yet another proposal to pare back the state's Freedom of Information Act, which was passed with such fanfare two years ago.
The amendment was unveiled to the public Sunday afternoon and passed by a Senate committee and then the full Senate on Sunday. House concurrence was expected on Tuesday. Even by Springfield standards, that's pretty fast action.
It's too fast for our taste. But efforts to minimize the state's FOIA are generally well-treated by our public officials, most of whom pay lip service to freedom of information but really don't believe in it very much.
The latest proposal is aimed at private individuals who file repeated requests for information from public bodies. The proposed legislation exempts the news media, which explains why the Illinois Press Association did not take a position on the legislation.
The legislation allows public bodies to characterize individuals who file repeated requests for information as "recurrent requestors." Getting that title is almost as bad on being placed on double-secret probation, because the legislation essentially allows government bodies to ignore filings from "recurrent requestors" by giving governmental bodies unlimited time to comply.
Opinions are mixed on this proposal.
"Unfortunately, despite repeated requests for documentation of the purported problem the 'recurrent requestor' provision would address, we haven't received anything other than an anecdote. We would hope that changes made to this or any law would come after a thoughtful study of the problem, to ensure that the fix ultimately proposed is narrow, so as not to hinder residents' ability to access information," said Whitney Woodward, testifying against the legislation on behalf of the Illinois Campaign for Political Reform.
However, Attorney General Lisa Madigan, generally a proponent of the free flow of information to the public, supports it. So does the Illinois Municipal League, which vehemently opposes letting the public in on the public business. The legislation's goal may be reasonable, even if the language is overly broad.
But, once again, government is acting to restrict public information from flowing to the public, and it's happening in a last-minute legislative deluge that makes it easier to escape public notice. That's no way to do business.








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