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For Immediate
Release
1/30/08
Contact:
Erik Arneson
earneson@pasen.gov
(717) 787-4712
  - Senator Pileggi
- Senator Brubaker
- Senator Eichelberger
Senator Pileggi's Open
Records Bill Approved by Senate; Returns to House for
Concurrence
Senate Bill 1, legislation to strengthen Pennsylvania’s Open
Records Law sponsored by Senate Majority Leader Dominic
Pileggi (R-9), was approved unanimously by the Senate today.
“Senate Bill 1 is the first comprehensive rewrite of this
law since Pennsylvania’s current Open Records Law was
enacted more than 50 years ago, in 1957,” said Sen. Pileggi.
“Pennsylvania needs a stronger Open Records Law because
transparency builds trust in government. As I have said
before, a strong Open Records Law is the true foundation of
government reform.”
Senate Bill 1, which returns to the House for concurrence
in Senate amendments, makes dramatic changes in the records
available from various government agencies.
- For executive agencies and local
agencies, Senate Bill 1 reverses the presumption of access
to records and puts the burden of proof on a government
agency denying access to a record. This is the one change
that many advocates of open government consider the most
essential.
- Legislative records and financial
records of the judiciary are subject to the same presumption
and the same burden of proof.
- Senate Bill 1 provides a list of 29
plainly stated exceptions for executive agencies and local
agencies. These exceptions include such things as criminal
investigations, Social Security Numbers, personal financial
information, and individual medical records.
- Legislative agencies, including the
Senate and the House, are required to provide access to 19
categories of records.
- Judicial agencies are required to
provide financial records.
- The four state-related universities –
Temple, Penn State, Pitt and Lincoln – are required to
provide information from IRS Form 990, whether or not the
university is required to file that form, along with a list
of the highest 25 salaries for university employees.
Senate Bill 1 also makes many important changes to the
process of obtaining public records in Pennsylvania:
- An independent Office of Open Records
will hear appeals regarding access to records of
commonwealth agencies and local agencies. The executive
director of the Office of Open Records will be appointed by
the governor to a six-year term, and will have control over
the office’s budget and staffing decisions.
- The Office of Open Records is
nominally housed in the Department of Community and Economic
Development so that DCED can help provide training to local
and commonwealth agencies.
- The appeals process is improved,
making it easier and less expensive for a citizen to
challenge an agency’s decision not to release a record.
- It reduces the time period for
response by a Commonwealth agency from 10 to 5 days.
- It increases financial penalties for
noncompliance and makes it easier for plaintiffs to recover
attorneys’ fees if an agency acts in bad faith.
- It requires the Office of Open Records
to establish standard fees for photocopying records, and to
create a uniform form that can be used to request records.
The rewrite of Pennsylvania’s Open Records Law is the
latest government reform measure embraced by the Senate
during the current legislative session. The Senate now posts
more information than ever online, giving the public easy
access to all roll call votes, the full text of Senate
debates, and a live video feed of Senate floor activity.
The Senate has also approved legislation to increase
penalties for violating the Sunshine Law, to eliminate
lame-duck voting sessions, and to prohibit bonuses for state
employees. All of those measures are awaiting consideration
in the House.
Additional Information:
Reforming Government
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