Senate Votes To Strengthen State’s Open Records Law

            The Senate approved legislation co-sponsored by Senator Bob Regola (R-39) during the week of November 26th to give Pennsylvanians greater and easier access to government records.  Senate Bill 1 would revamp and strengthen the state’s Open Records Law, which has not been significantly changed since it was passed in 1957.

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.

“I am very pleased that the Senate has approved this important bill and I hope the House will take it up as soon as possible.  Senate Bill 1 will enact the premise that records are open to public scrutiny, unless specified otherwise.  Changing the presumption addresses the most serious weakness of current law,” said Sen. Regola.  “The phrase ‘right to know’ must have real meaning in the way the law is written and the way it is carried out by state and local officials.”

            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.

            Senate Bill 1 would also reform 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.

Sen. Regola has taken a leadership stance in the effort to enact government reform as he is the prime sponsor of the Taxpayer Protection Act Constitutional Amendment -- to set limits on state spending -- as well as a Constitutional Amendment to end “lame duck” voting sessions.

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Contact:  Nathan Silcox  (717) 787-6063