Updated: Democrats Back Away From FOIA Disclosure Law Exception

The measure–tucked inside of 468-page bill (PDF) that Democrats say will implement the state’s $20.5 billion annual budget–would exempt from public scrutiny information about money the state gives out through economic development programs if disclosure of such records could “adversely affect the financial interest” of the state or the business.

Rep. Toni E. Walker, D-New Haven, who is the chairwoman of the House Appropriations Committee, put forward an amendment to remove the provision from the omnibus bill before it went to a final vote. The amendment was approved on a voice vote.

The language had been criticized earlier in the week by several media outlets in the state, including the Courant, both as an attempt to obstruct government transparency and as an example of the perils of legislating through lengthy omnibus bills.

Republicans were quick to hammer the majority party with similar arguments Tuesday.

“We were told that everything was in here to implement the budget,” said Minority Leader Rep. Larry Cafero, R-Norwalk. “We’ve just stumbled across something rather embarrassing that we all don’t want.”

Gov. Dannel P. Malloy’s administration also asked Democrats to scrap the provision Tuesday.

Andrew McDonald, the governor’s general counsel, said the aim of the proposal was “nurture and cultivate economic development leads,” but he said Tuesday’s provisions ultimately “didn’t strike the right balance between economic development and openness in transparency.”

But McDonald said the Democratic governor’s administration would push for similar legislation to be considered again next year.

Tom Scheffey, past president of the Connecticut Council on Freedom of Information, said he found it “very frightening” that Tuesday’s proposal did not have any time limit after which information about business incentives offered by the state would have to be released.

“It potentially [makes] it possible to hide a deal forever that involved bad government behavior,” he said.

Courant reporter Daniela Altimari contributed to this report