Anyone who has tried to get their hands on controversial public records through Illinois' Freedom of Information Act (FOIA) would likely agree with the Chicago Justice Project's (CJP) take on the process: that the act is "geared towards empowering bureaucrats to withhold information from the public." There's been an encouraging amount of chatter about overhauling the state's open records laws this year, but will lawmakers finally enact long-overdue revisions that reflect the way state business operates in the 21st century? House Speaker Michael Madigan's spokeperson Steve Brown tells us that "negotiations" are underway and "a number of people anticipate that there will be a revised FOI Act this session."

Today the downstate Pantagraph's editorial board keeps the conversation going by backing HB 1370, part of Attorney General Lisa Madigan's push for oversight that establishes fines for angecies that don't comply with the law and expands the public access counselor's power. That bill's first draft failed to pass out of the House by the third-reading deadline last month (despite having 56 sponsors), but Brown's statement hints that a rewrite is likely. The Pantagraph highlights the key provision needed in the final version that would force transparency on state and local governments:

HB 1370 also would add civil and criminal penalties for violating the act. Such penalties already exist for the Illinois Open Meetings Act and they are rarely used. However, their inclusion provides emphasis that this is a state law and there are consequences for not following it. The penalties would only apply if failure to comply with the law was done "willfully and intentionally."

According to CJP, even more dramatic action needs to be taken. "The old law does not need adjustment," they contend, "it needs to be thrown out." The group offered thoughtful recommendations for drafting a 21st century FOIA that negotiators should strongly consider:

Digitizing Government Operations: Require the switch from paper to digitized operations.

Digital Release of Data: Use data storage software that can export and redact information that may be exempt from disclosure.

Uniformity: Keep and release data in a uniformed fashion so information for efficient cross-agency tracking.

Centralize Information: Mandate agencies to keep previously FOI'd info on file with the AG's office for future downloads.

AG Audits: Empower the AG to carry out regular audits of FOIA files kept by public agencies. Scalable

Penalties: Tie penalties to scope of non-compliance, rather than flat fines.

Maintain Court Redress: Allow citizens to challenge the Public Access Counselor's binding opinions through the courts.