Reminder and Update: HB 1 Scheduled for Committee Hearing Tomorrow

The Senate Executive Committee is scheduled to consider HB 1 tomorrow at 2 p.m. in the Senate Chamber.

Those wishing to testify should  register to speak by contacting Mary Ann Hearne in the office of Senator Adams, the Chair, (302.744.4318).

In addition to HB 1, Karen Peterson has two important FOIA bills on the agenda:

SB 57- broadens the definition of meeting for purposes of the Freedom of Information Act and defines a quorum for purposes of the Act. It also eliminates the 60-day statute of limitations for citizen suit enforcement, leaving only the six-month deadline for filing suit by a citizen to challenge an action by a public body under FOIA.

SB 58-This Bill makes various amendments to the Delaware Freedom of Information Act in furtherance of the Act’s original intent to ensure that public business is performed in an open manner and that citizens are provided easy access to public records. Specifically, this Bill provides the following:

Section 1. Provides that the Attorney General shall represent administrative offices, agencies, departments, boards, commissions and officers of the State in matters arising from their official powers or duties, except those matters involving petitions to determine violations of the Freedom of Information Act. It further provides for the electronic publication of State Department of Justice opinions.
Section 2. Brings consistency to the determination of whether a record that is in the custody of more than one public body is exempt from disclosure by designating the public body that created or first received the record as the body responsible for determining if it is subject to disclosure.
Section 3. Clarifies that the purpose for which a document is sought is irrelevant under FOIA. It further provides a public body cannot discriminate among those who request access to public records.
Section 4. Ensures that the location for a public meeting is sufficiently large and has sufficient amplification, if necessary, to accommodate large number of citizens when a public body intends to discuss a matter of significant public interest.
Section 5. Clarifies that a public body must prepare minutes in a timely fashion.
Section 6. Enlarges the period of time for the Attorney General’s investigation and determination of possible FOIA violations from 20 days to 30 days. The current 20 day period is no longer practicable given the volume of FOIA complaints processed by the Department of Justice and the complexity of many of the factual and legal issues raised.
Section. 7. Permits the Attorney General to determine FOIA complaints made against state instrumentalities and officers.

El Somnambulo supports these bills. Anybody who can go to Dover to support the cause of open government would be well-advised to attend this hearing.