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Bill that could shed light on coronavirus shutdowns stalls in Harrisburg; lawmaker calls Wolf stoppage on Right-to-Know responses ‘unacceptable’

A bill that would let the public learn a lot more about the Wolf administration's coronavirus shutdown decisions appears to be stuck in Harrisburg.
Matt Rourke/AP FILE PHOTO
A bill that would let the public learn a lot more about the Wolf administration’s coronavirus shutdown decisions appears to be stuck in Harrisburg.
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A bill that could help shed light on how the Wolf administration planned its coronavirus shutdowns — one supported by all Democrats and Republicans in the state House — has stalled in the state Senate.

It was passed by the House one month ago Friday and is tied directly to disaster declarations. Gov. Tom Wolf on Wednesday extended his COVID-19 disaster declaration by 90 days.

“If my business was being shut down, I want to know why and everybody has a right to know why,” said Rep. Seth Grove, the bill’s prime sponsor and a York County Republican.

The state Right-to-Know Law lays out a legal process by which public agencies must turn over records in response to written requests from the public or the media, unless those records are exempt or protected in some way.

The Wolf administration stopped answering at least some Right-to-Know requests on a timely basis after his March 6 disaster declaration tied to the coronavirus pandemic.

Wolf told reporters last month Right-to-Know responses slowed because state employees were laid off and others were focusing on virus-fighting efforts.

He described the open records process as a bureaucratic one that “has been put off” to some extent because staff is not available to fully manage it during the emergency.

Grove called stopping Right-to-Know responses “unacceptable.” He said enough employees are working to make the process work.

“Transparency shouldn’t be shut down during an emergency,” he said.

Grove’s bill would force the administration to respond to the requests during a disaster declaration.

It specifically classifies as a “public record” data used by the state for rules, policies or actions during a disaster declaration, as well as processes used to collect the data.

A spokeswoman for Wolf last month said he did not support the bill. In an email, she wrote, “It’s disappointing that some members of the General Assembly seem to be only focused on grandstanding instead of collaborating to combat the pandemic in a meaningful way.”

It was not clear Friday whether Wolf’s opinion has changed.

The bill passed the House unanimously May 5. For a time, it received no action in the Senate, but was recently assigned to the State Government Committee.

The committee meets Monday, but the bill is not on the list of those to be considered.

A spokesman said the chairman of the committee, Republican Sen. John DiSanto, who represents Perry County and part of Dauphin, was not available for an interview. But the spokesman said DiSanto supported the aims of the bill and would study how it aligned with other proposals to change the Right-to-Know Law.

The Democratic minority chairman of the committee, Sen. Anthony Williams, said he had not seen the bill.

But Williams, who represents parts of Philadelphia and Delaware counties, said, “The concept of information during a crisis is paramount.”

Another committee member, Republican Sen. Kristin Phillips-Hill of York County, said she would vote for the bill if she got the chance.

Phillips-Hill said she believed state staff had the ability to work on Right-to-Know requests during a disaster. She said that during the pandemic, her own staff have been “working from home and have been answering questions around the clock.”

Sen. Mario Scavello, a Monroe County Republican, said, “If it comes up, I’ll vote for it.”

Scavello added, “All of this information should be available, to everybody.”

Morning Call reporter Ford Turner can be reached at fturner@mcall.com