For Immediate Release
January 30, 2008
Contact:  Lisa Landis
Legislative Director
717-787-6709
llandis@pasen.gov
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Senate Approves Historic Open Records Law Expansion

Legislation will make government more open and transparent

HARRISBURG – Legislation to strengthen Pennsylvania's Open Records Law was approved unanimously by the Senate today, according to state Senator Mike Brubaker (R-36).

Senate Bill 1 makes dramatic changes in the records available from various government agencies. The bill reverses the presumption of access to records and puts the burden of proof on a government agency denying access to a record.

Records of all government agencies would be considered open to the public unless they fall under a narrow list of exceptions to protect personal information and public safety, such as documents including Social Security Numbers, personal financial information, individual medical records or information on criminal investigations.

“By approving Senate Bill 1 today, the Senate took a historic step toward making Pennsylvania governments accountable to those they serve,” Brubaker said. “I was proud to be a cosponsor of the comprehensive reforms embodied in Senate Bill 1, which will make government actions more open and transparent.”

Under the legislation, judicial agencies are required to provide financial records, and legislative agencies, including the state Senate and the state House of Representatives, are required to provide access to 19 categories of records. Legislative records and financial records of the judiciary are subject to the same presumption of access and the same burden of proof.

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 legislation also improves the appeals process, making it easier and less expensive for a citizen to challenge an agency's decision not to release a record. Senate Bill 1 also reduces the time period for response by a Commonwealth agency from 10 to 5 days, increases financial penalties for noncompliance, and makes it easier for plaintiffs to recover attorneys’ fees if an agency acts in bad faith.

The legislation now goes back to the House of Representatives for concurrence, and then to the Governor’s desk to be signed into law.

Brubaker said that 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.