Senate Votes to Strengthen State's Open Records Law

Committee Moves Special Session Energy Bills Forward

The Senate approved legislation during the session week of November 27 to give Pennsylvanians greater and easier access to government records, according to Senator Bob Robbins (R-50). 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.

"This is an important win for the people of Pennsylvania and their right to know about government activities. Senate Bill 1 makes it clear that the public has the right to full disclosure of government actions and activities," Senator Robbins said. "I believe this bill will address and clarify the responsibilities of government to inform its citizens."

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. 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.

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.

The Senate Special Session Committee on Energy Policies approved eight bills, advancing several energy issues in the Senate. The Committee's approval sets the stage for the full Senate to consider the bills as early as next week for final passage

The committee approved the following bills:

Special Session Senate Bill 4 – Authorizes a $20 million increase in the research and development tax credit to be allocated exclusively for alternative energy development and research.
SS SB 6 -- Authorizes a Solar Energy Tax Credit covering 25 percent of the installation costs associated with solar installation.
SS SB 8 – Establishes an Energy-Saving Materials Sales Tax Holiday
SS SB 22 – Increases the reimbursement to producers of alternative fuels, and makes other changes to the Alternative Fuels Incentive Act. It also provides grants to tire retailers for up to half of the costs of purchasing and installing nitrogen tire inflation systems.
SS SB 25 -- Designates by-products of the pulping process and wood manufacturing process, including bark, wood chips and sawdust, as Tier 1 alternative energy sources.
SS SB 26 -- Requires state-owned or leased vehicles to use a 20-percent biodiesel fuel blend.
SS SB 31 – Amends the Alternative Energy Portfolio Standards Act to further define "Low-Impact Hydropower."
SS SB 36 – Establishes the Biodiesel Study and Production Incentive Act. It authorizes renewable diesel produced in the Commonwealth to be substituted in place of biodiesel to meet the act's content requirements.

Contact:

Michael Hengst
(717) 787-1322