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For Immediate
Release
11/14/07
Contact:
Erik Arneson
(717) 787-4712
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.
Additional Information:
Reforming
Government
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