November 30, 2007
Contact:
 Anna Gustafson
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Senate Update
by
Senator James J. Rhoades

Reforming Pennsylvania's Open Records law is one of my top priorities for this legislative session. All Pennsylvanians deserve greater access to information on how our tax dollars are being spent, and providing more information to our citizens is the best way to prevent corruption and build public confidence in state government. 

This week, I strongly supported passage of Senate Bill 1, legislation which would strengthen the Open Records law and promote greater transparency for all levels of state government. The legislation would change current law to make all records from Commonwealth agencies and local agencies available to the public unless they fall under a specific exception established in the law. These exceptions are narrowly defined to protect private personal information such as Social Security numbers and medical records, as well as documents that would threaten domestic security. 

Senate Bill 1 would also establish a state office that will provide training to state agencies to improve compliance with the law. The new Open Records Clearinghouse would be an independent entity within the Department of Community and Economic Development. The Clearinghouse will also be responsible for creating a standard document for citizens to request records and deciding appeals when a record request is denied. The executive director would have authority over the Clearinghouse's budget, ensuring that the agency will not face political pressure from the Legislature or the Governor's Office.

The new law would also ensure that all state agencies comply with open records requests. All state agencies would be required to appoint an open records office to deal with requests, and all agencies would be required to accept email requests. The response period for state agencies would be reduced from 10 days to 5 days, and penalties for noncompliance would be increased from $300 to $1,000 for a first offense, and up to $2,000 for subsequent offenses. 

Senate Bill 1 extends the Open Records law to ensure that all branches of state government are included. All state contracts, including contracts with the Legislature, will be posted online in a searchable database. The judicial branch's financial records will be added to the law, and the new law would also clarify that the Pennsylvania Higher Education Assistance Agency (PHEAA) is covered under the Open Records law. This legislation significantly strengthens the existing law, and this bill should see prompt consideration in the House of Representatives. I hope to see this legislation on the Governor's desk before the end of the year.

Senator Rhoades represents the 29th Senatorial District, which includes all of Schuylkill County and parts of Berks, Carbon, Lehigh, Monroe and Northampton Counties.