January 23, 2002
State's key lawmakers in the records-access issue
By Scott Thomsen
ASSOCIATED PRESS
When lawmakers have questions on matters such as public- records access, they tend to start writing bills.
If such bills come up, they are likely to be assigned to the Public Institutions and Rural Affairs Committee and/or the Energy, Utilities and Technology Committee in the House and the Senate's Government Committee.
In the House, that puts Chairmen Jim Carruthers, R-Yuma, and Jeff Hatch-Miller, R-Paradise Valley, in key positions. Hatch-Miller in particular has been following privacy and public-access issues related to computerized records. Tempe Democrat Harry Mitchell has the same role in the Senate Government Committee.
Hatch-Miller said he views access to information held by the government as a delicate balance between the public's right to watch what its government is doing and an individual's right to privacy for personal information.
"What would reasonable people want to protect from open and easy public scrutiny? This is a question of our time," he said. "Privacy is of concern to the public."
Apart from their committee assignments, several legislators have demonstrated a keen interest in this area.
Last year, Sens. Scott Bundgaard, R-Glendale, and Chris Cummiskey, D-Phoenix, sponsored a bill that would have prohibited courts from sealing settlement agreements in lawsuits related to allegedly defective products or other matters of public safety.
Their bill was a response to secrecy agreements that for years hid details of settled lawsuits involving failed Firestone tires.
The bill died amid criticism that it might expose a company's financial data and proprietary information to its competitors.
Sen. Brenda Burns, R-Glendale, led the charge against the bill and has been an advocate of business interests on many issues.
All three lawmakers are likely to play prominent roles during debate on any bill related to public access to records.
Two other legislators who automatically have a say in the outcome of any proposal are House Speaker Jim Weiers, R-Phoenix, and Senate President Randall Gnant, R-Scottsdale.
Their leadership positions carry the power to decide to which committees a bill is assigned. They can send bills they like to friendly committees and those they don't to committees where they are likely to fail. Or bills can be sent to a long series of committees, which makes the process so hard the legislation is unlikely to survive.
Gnant was instrumental in the creation of an Internet site where people can track bills and find other information about the Legislature. He wrote an 84-page book on the legislative process in Arizona and organized a training session on the open- records law for senators last year.
Since he became speaker last year, Weiers has made changes in operations that make it easier to learn what is going on. Last year, Weiers began releasing floor calendars that gave the public a more accurate picture of planned action than his predecessor did.
The final player in this process holds the most direct, individual power in the outcome of any proposed legislation. Gov. Jane Hull can sign a bill into law, let it become law without her signature or reject it.
Hull has been a proponent of using technology to give the public greater access to government services and information. As a result, Arizona ranked fifth in the nation in the Progress and Freedom Foundation's Digital State Awards for use of technology by state governments.