Illinois Freedom of Information Act and Lisa Madigan
Lisa madigan is the current Democratic Attorney General of Illinois.
During the 2002 election for Illinois Attorney General, Madigan campaigned on a promise to change the Illinois Freedom of Information Act through the legislature. In a 2007 speech to the Illinois Press Association convention, Madigan re-stated her commitment to legislatively reforming the Illinois Freedom of Information Act.[1] In 2009, Madigan worked with the Illinois State Legislature to draft a FOIA with stricter response times and harsher noncompliance penalties.
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[edit] Pressure to fulfill FOIA reform promises
[edit] Sunshine award in 2005
Madigan won the national Society of Professional Journalists' Sunshine Award in 2005 for writing letters on behalf of citizens and journalists that resulted in the release of some records. The Chicago Headline Club nominated Madigan for the award in 2005, but urged Madigan to work to pass FOIA reform through the legislature. In March 2008, Phil Kadner, vice president of freedom of information for the club, said, "The time, actually, was long ago. You've got to do it -- you've got to find out who supports [FOIA reform] and who doesn't. If it doesn't pass, you've got to try again. It's past time."[1]
[edit] Springfield State Journal-Register demands Madigan fulfill FOIA campaign promise
The Springfield State Journal-Register demanded Lisa Madigan take the lead on an overhaul of the Illinois Freedom of Information Act in a November 12, 2008 editorial. The SJ-R said, "Hopefully, Madigan intends to propose something in the next legislative session before trying to climb the political ladder. Because it would be hard to believe a promise from Madigan that she would fix the law as governor after doing nothing legislatively for six years."[2]
[edit] Madigan passes FOIA legislation
On January 1, 2010, a new law strengthening the Illinois Freedom of Information Act and Open Meetings Act went into effect. Lisa Madigan worked with legislators to draft the legislation that increases government transparency and provides provisions ensuring the public has timely access to public records and public meetings.[3] Public Act 096-0542 amends the previous Freedom of Information Act "by changing Sections 1, 2, 3, 4, 6, 7, 9, and 11 and by adding Sections 1.2, 2.5, 2.10, 2.15, 2.20, 3.1, 3.3, 3.5, 7.5, 9.5, and 11.5." New language includes the declaration that "It is a fundamental obligation of government to operate openly and provide public records as expediently and efficiently as possible in compliance with this Act" and, further, includes the presumption that "all records in the custody or possession of a public body are presumed to be open to inspection or copying. Any public body that asserts that a record is exempt from disclosure has the burden of proving by clear and convincing evidence that it is exempt."[4]
[edit] Criticism
[edit] Lack of opposition towards closed records legislation
Senate Bill 1645, introduced February 9, 2011 by Senate Edward D. Maloney [5], would, according to For the Good of Illinois, "severely curtail the citizen’s 'Right to Know'" under Lisa Madigan's revised Freedom of Information Act, a revision about which she has remained "silent." [6]
[edit] Attorney General's Office transparency
Further, For the Good of Illinois notes that while Madigan purported to advocate increased government transparency, her office did not comply with timely public information requests, as "in 225 of 537 cases, Madigan’s office did not respond within the statutorily mandated seven working days." [6]
[edit] Firearm Owner's Identification Lists
In 2010, the Associated Press filed a FOIA request for the names of all Illinois residents with a Firearm Owner's Identification Card (FOID).[7] The Illinois State Police (ISP) did not want to release the information and Greenville Republican Representative Ron Stephens argued that "'information about whether you do or don't [carry a FOID card] is private information.'" The argument has also been made that if people "'know who has a card who doesn't, those who own and don't own firearms alike will become targets,'" while proponents of releasing the information, such as Brian Malte of the Brady Campaign to Prevent Gun Violence, note that it's a public policy issue and there "'should be public scrutiny on any licensing system, whether it's to own or to buy or to carry.'"[7]
Lisa Madigan's office determined that the ISP had to release the names of FOID card carriers,[7], rendering the FOID lists public information subject to the state Freedom of Information Act.[8] However, the ISP and the National Rifle Association fought the ruling and in April 2011, House Bill 3500 was filed, which adds an "exemption to the Illinois Freedom of Information Act (FOIA) protecting the personal information of Firearm Owner’s Identification (FOID) Card holders" and "prohibits State and local governments from publicly releasing the names or other private information of FOID card holders or applicants." The bill, co-sponsored by State Representative Mike Tryon, was passed by the House on a vote of 98-12 and is being considered by the Illinois Senate.
For the Good of Illinois argues that Madigan's ruling that the personal information of gun owners listed in the Firearm Owners Identification Database (FOID) should be disclosed suggests that the government is "forcing transparency on the private sector while government remains a fortress." [6]
[edit] FOIA Request Limitations
The Illinois House of Representatives approved HB1716 in June 2011, giving the government power to delay responding to Freedom of Information Act Requests, particularly for “'recurrent requestors',” namely "those who make more than 50 requests in a 12 month period." HB1716 also allows government bodies to charge fees for record searches and repudiates the requirement that the Attorney General’s office approve FOIA request denials. The bill was co-sponsored by Senator Don Harmon, who argues that the revisions to the FOIA law are necessary so that "requestors can’t “bog down local governments and deprive taxpayers and other inquiries of due consideration.'"
Lisa Madigan reportedly opposed the legislation initially but "flip flopped on the issue" and supported the bill's passage, noting that the "provisions limiting access 'only affect a tiny number of people' and the bill will relieve a heavy backlog of records cases."[9]
[edit] References
- ↑ 1.0 1.1 Kankakee Daily Journal, "Attorney General's office not enforcing Freedom of Information Act", March 16, 2008
- ↑ Illinois State Journal-Register', "Our Opinion: FOIA needs reform -- now", November 12, 2008
- ↑ Illinois Attorney General
- ↑ Public Act 096-0542
- ↑ SB1645
- ↑ 6.0 6.1 6.2 Where's Lisa? - Sunshine Week
- ↑ 7.0 7.1 7.2 Lisa Madigan Wants FOID Lists, The Chicagoist, March 2, 2011
- ↑ Illinois House Moves to Overturn Lisa Madigan FOIA Ruling on Making Public Gunowners’ Names
- ↑ State House Approves FOIA Request Limitations
