We’re nearing the end of another legislative session, and, once again, whether a number of recurring pending bills will pass (or not) is an open question.

Chief among these is SB 1226, which would effectively cut the University of Connecticut (UConn) and the Connecticut State Colleges and Universities (CSCU) system off from public scrutiny. It’s the third consecutive year a version of the bill, which creates a near blanket exemption for records at public universities, has appeared in some form.

This year, the bill’s language, which was approved by the Committee on Government Administration and Elections, exempts records “maintained or kept on file by or for faculty or staff of a public institution of higher education arising out of teaching or research on medical, artistic, scientific, legal or other scholarly issues.” It also specifically exempts records created by legal clinics or centers.

The breadth of the language raises concerns about continued public oversight of UConn and CSCU. FOIA experts have warned that the bill’s broad language could exempt even more records than are already specifically named in its language, including personnel policies and information. Inside Investigator recently reported on our difficulty obtaining records related to UConn and CSCU faculty facing investigations for allegations of misconduct. It took over a year for CSCU to turn over records partially responsive to a request for disciplinary files for misconduct investigations.

UConn didn’t turn over any records until we filed a complaint with the Freedom of Information Commission (FOIC), and only provided partial records. It’s likely that we would not be able to obtain those records or report on similar stories that occur in the future without a whistleblower should SB 1226 pass.

In addition, should the FOIC find that UConn and CSCU have violated FOIA in the way they’ve handled their response to our request for disciplinary records in two complaints we are currently pursuing, we may still be able to obtain those records.

I have asked FOIA experts about what passage of this bill would mean for pending FOIA requests: if you file a request before the date the law goes into effect, does the relevant university have an obligation to fulfill it? And the answer seems to be, no. While the definitive answer would have to be tested at the FOIC should the bill go through, experts I talked to said that unless there’s language in the bill specifically stating that requests pending on the date the law goes into effect must be fulfilled, they likely would be denied.

Currently, there’s no language in SB 1226 that addresses pending FOIA requests.

That’s particularly concerning given public agency officials have no real time limit in which they are required to fulfill requests. While FOIA requires agencies to fulfill requests “promptly,” there’s no enforcement mechanism for that beyond filing an FOIC complaint and having the FOIC order the immediate production of records. That is not an avenue that is feasible for all requesters.

I remain concerned that SB 1226’s passage could create a perverse incentive for public universities, encouraging the slow-walking of records requests that they may not have to produce should this proposed exemption become law.

My oldest request to UConn dates to November of last year. UConn was initially helpful in tailoring the request language, which was large. In January, I asked for a status update and was told I should receive at least some records within the next week. To date, I’ve received nothing. Another of my requests to UConn, a much smaller request, was filed in early February. That request sought information about a hate crime reporting tool the state recently launched and about which there is little public information. Another pending piece of legislation would make the information I’m seeking exempt from FOIA, and I do not anticipate any movement on it prior to the end of the legislative session.

That second request relates to work being done by a center at UConn on behalf of a legislatively created body. This is another pressing concern with SB 1226. There are several centers at UConn that staff legislative councils. Should SB 1226 pass, it’s not just oversight of public universities that may be severely compromised. The transparency of certain legislative work will be jeopardized as well.

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