For Immediate Release
November 28, 2007
Contact:  Lisa Landis
Legislative Director
717-787-6709
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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 Mike Brubaker (R-Lancaster).   

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

"Many of my constituents have told me that they want their government to be more open, and the state Senate has made very good progress toward this goal already this year," Brubaker said. The Senate now provides public access to committee and floor votes online, as well as full text of debates, bills, proposed amendments and Pennsylvania laws, and has adopted numerous other rules to ensure a transparent legislative process. 

Under the current law, all government records are considered closed unless they appear on a short list of those considered to be open. Senate Bill 1 would make a key change by changing this presumption so that all records from Commonwealth agencies and local agencies would be public unless they fell 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. 

The legislation would also establish a state office that would 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; its budget would be controlled by the executive director, ensuring that the agency will not face political pressure from the General Assembly 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.

"Pennsylvanians deserve these changes to the Open Records Law," Brubaker said. "Better access to records leads to a better government-citizen relationship, and I was very pleased to stand with my Senate colleagues today to approve Senate Bill 1."