Today the Pittsburgh Post-Gazette reports that Senate Bill 1, a new Right-To-Know bill, "greatly expands the availability of government records, including -- for the first time -- those of state-related universities and of the Legislature itself." That's just Spanier Spin. This bill is not a strong as it could be with regard to state-related universities.
Senator Dominic Pileggi's original version of Senate Bill 1, the Right-To-Know bill, defined a state-affiliated entity to include state-related universities. Here is the relevant passage.
In the version which was sent to the house late last year, there was a change to the definition of state-affiliated entity to explicitly exclude state-related universities.
In place of opening up Penn State and the other state-related universities to full inspection, the revised bill includes a new section which requires state-related institutions to report certain data. That's it. Citizens get nothing beyond that data. If it's not in in the list, its not yours to see. We have Senator Jake Corman (R-Penn State) to thank for stepping up and helping Spanier hide his dirty little secrets.
If this bill passes the General Assembly in its current form, we must lobby Rendell to veto it. We can do better. Much better.
Technorati Tags: Pennslyvania Senate Bill 1, Penn State, state-related universities, Right-To_Know, Spanier, Jake Corman, Pileggi
Senator Dominic Pileggi's original version of Senate Bill 1, the Right-To-Know bill, defined a state-affiliated entity to include state-related universities. Here is the relevant passage.
Latter in the bill state-affiliated entities are grouped in with Commonwealth agencies.
"State-affiliated entity." A Commonwealth authority or Commonwealth entity. The term includes the Pennsylvania Higher
Education Assistance Agency, the Pennsylvania Housing Finance Agency, the Pennsylvania Municipal Retirement Board, the State System of Higher Education, a State-related institution, a community college and the Pennsylvania Turnpike Commission.
"State-related institution. Any of the following:
- The Pennsylvania State University
- The University of Pittsburgh.
- Lincoln University.
- Temple University.
Finally, then Commonwealth agencies, and hence state-related universities, are required to make provide to the public public records.
"Commonwealth agency." [An agency which is a Commonwealth agency as that term is defined under 62 Pa.C.S. § 103 (relating to definitions).]
- Any office, department, authority or commission of the executive branch; an independent agency; and a State-affiliated entity.
Section 301Commonwealth agencies.The bad part of the bill as it was originally written is that it did not flip the presumption. Records were consider not to be public unless otherwise stated.(a) Requirement.--A Commonwealth agency shall provide public
records under Chapters 5 and 7.
(b) Prohibition.--A Commonwealth agency may not deny requester access to a public record due to the intended use of the public record by the requester.
In the version which was sent to the house late last year, there was a change to the definition of state-affiliated entity to explicitly exclude state-related universities.
"STATE-AFFILIATED ENTITY." A COMMONWEALTH AUTHORITY ORThe other passages stay the same. Hence, state-related universities are explicitly exempted from complying with open record requests.
COMMONWEALTH ENTITY. THE TERM INCLUDES THE PENNSYLVANIA HIGHER
EDUCATION ASSISTANCE AGENCY AND ANY ENTITY ESTABLISHED THEREBY,
THE PENNSYLVANIA GAMING CONTROL BOARD, THE PENNSYLVANIA GAME
COMMISSION, THE PENNSYLVANIA FISH AND BOAT COMMISSION, THE
PENNSYLVANIA HOUSING FINANCE AGENCY, THE PENNSYLVANIA MUNICIPAL
RETIREMENT BOARD, THE STATE SYSTEM OF HIGHER EDUCATION, A
COMMUNITY COLLEGE, THE PENNSYLVANIA TURNPIKE COMMISSION, THE
PENNSYLVANIA PUBLIC UTILITY COMMISSION, THE PENNSYLVANIA
INFRASTRUCTURE INVESTMENT AUTHORITY, THE STATE PUBLIC SCHOOL
BUILDING AUTHORITY, THE PENNSYLVANIA INTERSCHOLASTIC ATHLETIC
ASSOCIATION AND THE PENNSYLVANIA EDUCATIONAL FACILITIES
AUTHORITY. THE TERM DOES NOT INCLUDE A STATE-RELATED
INSTITUTION.
"STATE-RELATED INSTITUTION." INCLUDES:
- TEMPLE UNIVERSITY.
- THE UNIVERSITY OF PITTSBURGH.
- THE PENNSYLVANIA STATE UNIVERSITY.
- LINCOLN UNIVERSITY.
In place of opening up Penn State and the other state-related universities to full inspection, the revised bill includes a new section which requires state-related institutions to report certain data. That's it. Citizens get nothing beyond that data. If it's not in in the list, its not yours to see. We have Senator Jake Corman (R-Penn State) to thank for stepping up and helping Spanier hide his dirty little secrets.
If this bill passes the General Assembly in its current form, we must lobby Rendell to veto it. We can do better. Much better.
Technorati Tags: Pennslyvania Senate Bill 1, Penn State, state-related universities, Right-To_Know, Spanier, Jake Corman, Pileggi
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