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For Immediate Release
November 28, 2007
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White: Senate Votes to Overhaul State Open Records Law

Harrisburg -- Pennsylvanians will have greater and easier access to government records under legislation approved today by the state Senate, according to state Sen. Mary Jo White (R-21), who co-sponsored the measure.  

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, White said.

White said 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. Currently, most government records are presumed to be closed to the public unless proven otherwise.

“This is fundamental change in the way government documents are stored, turning the presumption upside down and shifting the burden from the citizen to the government,” said White. “It says that unless there is a legitimate reason to keep records private, they must be made available to the public, and citizens should not have to jump through hoops to see them.”

Senate Bill 1 exceptions allow certain records to remain private, such as Social Security numbers, medical records, records that would threaten domestic security, and police investigative records, White said.

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 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.

"This is part of an ongoing effort to make government at all levels more open and accountable to citizens,” said White.  “It’s not the end of the process, by any means. But updating a 50-year-old law that keeps too many government documents shielded from public view is another step in the right direction.”