This adds to the discussion started on legislation that has been prefiled for this session.
- HB 300 proposed by Representative Brad Bennett has been prefiled and it establishes a 10-day response window to respond to FOIA requests. If the public body can’t respond to a request within 10 days for certain reasons — “voluminous records, requires legal advice or a public record is in storage or archived” — they can take the additional time with some notice to the requestor.
The bill currently has 21 House co-sponsors (Bennett, Scott, Brady, Carson, Cathcart, Hocker, Hudson, Jaques, Q. Johnson, Kovach, Kowalko, Lavelle, Longhurst, Manolakos, Miro, Mitchell, Oberle, Ramone, Schwartzkopf, D. Short, Walls, D. Williams) and nine Senate co-sponsors (Sokola, Bonini, Bushweller, Peterson, Booth, Cloutier, Connor, McBride, Sorenson), has been assigned to the House Administration Committee.
This bill seems like a no-brainer — giving entities subject to FOIA a time limit to respond gives FOIA requests a reasonable priority in the daily business of that entity and partially closes a loophole that lets an agency deal these requests to the bottom of the deck. It would be good if an entity that is taking the extra time under the allowed conditions above has to tell the FOIA requester exactly why their request is being extended (rather than just a notice), but that is a quibble for a good bill.
- HB 298 proposed by Representative Miro prohibits the use of cell phones in a vehicle while that vehicle is in motion. It adds a $50 fine for the first offense and a $110 fine for the second. Law enforcement personnel are exempted while working as are school bus drivers. (school bus drivers are subject to other law that also makes it illegal for them to use cell phones while the bus is operating, but has some exemptions for work reasons)
Current sponsors include Rep. Miro & Sen. Sokola; Reps. Hudson and Lavelle.
Both Wilmington and Elsmere have hands free cell operation requirements now. I know that the Wilmington law also bans texting while the vehicle is moving too. HB 298 does not specifically deal with texting. If this law goes into effect, then I think only Pennsylvania will be our only neighbor with no cell phone ban. Frankly I think that the fines need to be higher to make any real dent in people’s behavior, but it will be interesting to see the commentary around this.