For Immediate Release
November 27, 2007
Contact: Anna Gustafson
717-787-2637
Back

State Senate Votes to Strengthen Open Records Law

HARRISBURG – Pennsylvanians will have greater access to government records under legislation approved today by the state Senate, according to Senator James J. Rhoades (R-29). 

Rhoades strongly supported Senate Bill 1, which would revamp and strengthen the state’s Open Records Law. The Open Records law has not been significantly changed since it was passed in 1957.

"Pennsylvanians deserve a state government that is open and accountable to its citizens," Rhoades said. "Pennsylvania has been criticized in the past for having a weak Open Records law, and I am pleased that we have taken action to make our law one of the strongest in the country."

The legislation would make a key change in the current law by adding a presumption that all records from Commonwealth agencies and local agencies are public unless they fall under a specific exception established in the law. The exceptions allow certain records to remain private, such as Social Security numbers, medical records, records that would threaten domestic security, and police investigative records.

Senate Bill 1 would also establish a state office that will be the first point of appeal for disputes and provide regular training to local, county and state officials on how the law is to be applied. The new Open Records Clearinghouse would be an independent entity within the Department of Community and Economic Development. The Clearinghouse’s budget would be controlled by the executive director, ensuring that the agency will not face political pressure from the Legislature or the Governor’s Office.

Senate Bill 1 would also significantly improve Pennsylvania’s current Open Records Law by:

• Requiring state contracts, including contracts with the Legislature, to be posted online in a searchable database.
• Requiring the Open Records Clearinghouse to provide information, training and advisory opinions on the Open Records Law and Sunshine Law.
• Cutting the response period for state agencies from 10 days to 5 days.
• Improving the appeals process.
• Increasing penalties for noncompliance from $300 to $1,000 for a first offense, and up to $2,000 for subsequent offenses.
• Requiring all agencies to appoint an open records officer to specifically deal with requests, including coordination and tracking.
• Requiring the Open Records Clearinghouse to create a standard document which may be used to request records, making it easier for citizens.
• Requiring agencies to accept email requests.
• Establishing standard fees for photocopying records.
• Adding the judicial branch’s financial records to the law.
• Clarifying that PHEAA is covered by the law.

"Reforming our Open Records law was one of my top priorities this legislative session, and I am proud that we have passed legislation that will provide greater accountability and transparency in all three branches of state government," Rhoades said.