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For Immediate
Release
2/12/08
Contact:
Erik Arneson
(717) 787-4712
Sen. Pileggi's Open Records Bill Sent to
Governor
Senate Bill 1, legislation to rewrite and strengthen Pennsylvania's Open
Records Law sponsored by Senate Majority Leader Dominic Pileggi (R-9), has
been sent to the governor for his signature.
The
House amended Senate Bill 1 last night before approving the bill 199 to 0;
the Senate unanimously concurred in House amendments today.
"This is a tremendous step forward for government transparency in
Pennsylvania, and I am pleased to advance this bill to the governor’s desk,"
said Sen. Pileggi. "Residents of our state will benefit for decades to come
from this rewriting of Pennsylvania’s 50-year-old Open Records Law."
Senate Bill 1 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 30 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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