Public records law overhauled
HARRISBURG — In a marathon session Tuesday, the Pennsylvania House of Representatives put the finishing touches on a bill that would completely gut and replace Pennsylvania's 50-year-old Right-to-Know Law.
The debate over 13 hours disposed of nearly 100 amendments, with Democrats successfully fighting back Republican-led attempts to delay consideration of the freedom-of-information bill. A final House vote was expected in mid-November.
Majority Leader Bill DeWeese, D-Greene, called it "a very, very solid work product" that reflected 13 amendments sponsored by Democrats and 16 by Republicans.
"For 12 years the GOP majority was inert and moribund and we made a commitment on swearing-in day and we followed through," he said afterward. "And we have this four-part proposal with the Legislature covered and with the burden shifted and with the money showing and with the process unified."
Steve Miskin, a spokesman for House Minority Leader Sam Smith, R-Jefferson, said Republicans would seek to reopen debate on Wednesday through a reconsideration motion.
"Last week (DeWeese) said every single member who has an amendment, he was going to allow it to be debated and voted on. We just think he ought to live up to his own word," Miskin said.
The bill, which now barely resembles what was introduced early this year by its sponsor, freshman Rep. Tim Mahoney, D-Fayette, enacts a so-called "flip of presumption" that access advocates have long sought. The current law mandates public access for only two categories of records.
The bill also would create a government agency to handle access disputes and make a myriad of other changes to what has often been called one of the nation's weakest public access laws.
The House voted 181-16 to strip out a provision that would have allowed government officials to refuse to supply requests deemed "overly burdensome" or designed to harass.
It also unanimously approved moving responsibility for appointing the head of the Public Records Office from the governor to the nonpartisan State Ethics Commission.
Left in place was the right to refuse access to any e-mail record.
