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November 14, 2007
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Senator Pileggi’s Open Records Bill Unanimously Approved by Senate Appropriations Committee

Senate Majority Leader Dominic Pileggi’s (R-9) legislation to strengthen Pennsylvania’s Open Records Law was approved today by the Senate Appropriations Committee. It could be considered by the full Senate as soon as next week. 

“Today’s action by the Appropriations Committee was another major step forward in transforming Pennsylvania’s Open Records Law,” said Sen. Pileggi. “I am optimistic that Senate Bill 1 can reach the governor’s desk for his signature this year.” 

Senate Bill 1 was amended to make the new Open Records Clearinghouse an independent entity within the Department of Community and Economic Development. The Clearinghouse will decide appeals when a records request is denied and provide training to agencies to improve compliance with the law.

Under the amended bill, the governor will appoint the Clearinghouse’s executive director, who will serve one or two six-year terms. The amendment also gives the executive director control of the Clearinghouse’s budget. 

“This is designed to ensure that the Open Records Clearinghouse can operate independently,” said Sen. Pileggi. “The Clearinghouse should be able to decide appeals and provide training and advice without facing political pressure.” 

Sen. Pileggi’s amendment – which also made changes to strengthen penalty provisions, streamline record-keeping requirements, and establish a new appeals process for statewide row officers and local law enforcement agencies – was adopted unanimously. The committee then moved the amended bill to the full Senate for consideration. 

Senate Bill 1 would significantly improve Pennsylvania’s current Open Records law, which many believe is among the weakest in the nation, in many ways: 

• Establishing the presumption that all records from Commonwealth agencies and local agencies are open unless they fall under a specific exception established in 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.
   
• Requiring state contracts, including contracts with the Legislature, to be posted online in a searchable database.
   
• Creating an Open Records Clearinghouse to provide information, training and advisory opinions on the Open Records Law and the 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 uniform form which may be used to request records, making it easier for requestors.
   
• 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.

More information about Senate Bill 1 and other state issues is available at Senator Pileggi’s web site, www.senatorpileggi.com.

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