NEW OPEN RECORDS LAW
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PROPOSED CHANGES
TO RIGHT TO KNOW LAW
Right-to-Know Law amendment:
-- Would change definition of "independent agency"
to include state authorities, and change definition
of "state-affiliated entity" to specifically
include the Pennsylvania Interscholastic Athletic
Association.
-- Would add tax forms to the definition of
"personal financial information."
-- Would clarify the definition of "time response
log."
-- Would limit accessibility of documents held by a
third-party contractor to the contract and its
financial records, and specify that financial
information not directly related to the contract
may be redacted. This change would be retroactive
to actions pending or on appeal from local and
commonwealth agencies, as of the date the amendment
went into effect.
-- Would clarify that records existing in a
specific computer file format or other format must
be provided in that format, if requested.
-- Would exempt from access payment records of a
person's water, sewer or other municipal authority
or municipality that provides a utility service,
but would provide for a "clearance certificate" to
certify all fees had been paid.
-- Would require tax collectors - either elected,
or an employee, or a contractor - to provide a
"clearance certificate" to certify that all local
taxes have been paid, and permit a "reasonable fee"
for obtaining such a certificate.
-- Would make public drafts of bills and ordinances
when presented to a quorum for deliberation at a
public meeting.
-- Would clarify that records of internal,
predecisional deliberations would become public
when presented to a quorum for deliberation at a
public meeting, regardless of whether a vote occurs
at that meeting.
-- Would make public the issuance of a notice of
violation and the result of inspections conducted
pursuant to a law.
-- Would add an exemption denying access to the
records of volunteer ambulance, fire, EMT, hazmat
and rescue companies. This would not apply to a
contract or financial records related to a contract
if such an organization is contracted to provide
the services to a local agency.
-- Would add an exemption to withhold an agency's
bank account numbers, bank routing numbers, and
credit card numbers.
-- Would give an agency more time (10 business
days) to respond to a mailed request, based on the
postmark date, unless it was sent certified mail.
Agencies would still have just five business days
to respond to requests sent by email, web form,
fax, or certified mail.
-- Would allow agencies to take an additional 30
business days to review a request and provide a
final response, a change from 30 calendar days in
the existing law. But would specify that the
initial response must provide the requester with a
date that a response is expected, that if that date
is not within 30 business days, the request would
be deemed denied, unless the requester agrees in
writing to an extension to the date specified.
-- Would give a requester more time (20 business
days) to file an appeal, based on the postmark date
of the denial or the date of the agency's response
by email.
-- Would remove the requirement that requesters
filing an appeal defend their request or address
the grounds for denial.
-- Would permit the appeals officer to take 15 more
days to issue a determination, after notifying both
parties, and to take up to an additional 15 days if
a hearing is held.
-- Would have the Office of Open Records establish
all fees for duplication of records, including
printing from electronic media or microfilm,
copying onto electronic media, transmitting by fax
or other electronic means, and all other means of
duplication, for local and commonwealth agency
requests. Would state that these fees must be
"based on prevailing fees for comparable
duplication services provided by local business
entities," and that they may reflect regional price
differences.
-- Would permit a local agency to charge a per-page
fee for a requester to look at records if no copies
are requested. This fee could be no more than half
of the fee established for copies.
-- Would permit an agency to require prepayment of
fees if they are expected to be more than $50, a
change from $100 in the existing law.
-- Would give the Office of Open Records standing
to take part in an appeal of its determinations to
court.
Sponsor: Sen. Domenic Pileggi, (R-9)
•
Referred to State Government Committee 9/20/2010
• First consideration 9/22/2010
• Second consideration 9/27/2010
• Third consideration and final passage in Senate
9/29/2010
Right-to-Know Law amendment:
Would
add dates of birth and addresses of public school
employees to the list of personal identification
information exempt from disclosure in the
Right-to-Know Law. Sponsor: Rep. Michael K. Hanna,
(D-76)
•
Referred to State Government Committee 6/12/2009
• Reported as amended; first consideration
7/29/2009
• Recommitted to Rules Committee 7/29/2009
• Re-reported as committed 9/10/2009
• Recommitted to Appropriations
9/11/2009
PENNSYLVANIA’s
NEW OPEN RECORDS LAW
DOWNLOAD
THE NEW LAW
PDF
document
bookmarked and searchable
QUICK
GUIDE TO THE RTK LAW
STATE
CONTRACTS ONLINE
NEW: Search online to
find out about state contracts for goods and
services or grant awards worth more than $5,000.
The online database includes contracts or purchase
orders executed since July 1, 2008.
Visitors to our site
The Pennsylvania Freedom of Information Coalition is a non-profit volunteer group working to help you understand and use the state's open records and open meetings law, and works with citizens around the state to increase government transparency.
Our services are free to everyone ... But we need YOUR CONTRIBUTION to enable us to meet expenses hosting this website and traveling across the state to provide informational sessions.
Your gift of just $25 is tremendously helpful to us, and it's tax-deductible for you.
If you are interested in open government, please join the PaFOIC today. You can join us online right now for less than the cost of one tank of gas.
PaFOIC hosts public forums
The Pennsylvania
Freedom of Information Coalition welcomes
invitations to present informational sessions on
the new open records law across the state.
Contact us for more details.
Pennsylvanians have a new right to know.
Pennsylvania has a new open-records law which greatly expands public access to a wide array of government records.The new law accomplishes three major things:
- For the first time, establishes that all records kept by local and state government are presumed to be open to the public, with some exceptions. No longer is access restricted to just “accounts, vouchers or contracts” or “minutes, orders or decisions.”
- For the first time, puts the burden of proving why a record should not be released on government agencies. No longer do citizens who are denied records have to prove why they should have them.
- For the first time, there is an independent agency charged with arbitrating open records disputes. No longer do citizens have to go to court when they feel their request has been unjustly denied. The state’s new Office of Open Records, under the direction of executive director Terry Mutchler, will hear appeals and issue rulings when there are disputes.
GET ANSWERS ABOUT THE
NEW OPEN RECORDS LAW
About the PaFOIC
OUR MISSIONThe Pennsylvania
Freedom of Information Coalition works to give all
Pennsylvanians access to their federal, state and
local governments, their records and their
proceedings.
We believe that such access results in the most
responsive, accountable and effective government,
stimulating civic involvement and trust in
government.
We seek to help all Pennsylvanians fully realize
their rights and carry out their responsibilities
as citizens in our democracy.
OUR
WORK
- Education: Through seminars and publications, we educate citizens, groups and government officials about the importance of open government to democracy and how they can use their rights to get public records.
- Law reform: We monitor proposed state and federal laws, regulations and court decisions. We provide information to state officials and encourage discussion of open government improvements in Pennsylvania. To the extent allowed by our nonprofit status, we support reforms affecting public records.
- Legal support: We provide resource material to citizens or groups who encounter difficulty in obtaining public records. In open government cases of state-wide importance, we help citizens obtain vigorous legal representation.
The Pennsylvania Freedom of Information Coalition was founded in 2005. Consider this website our “virtual” office. As a non-profit 501(c)3 organization in its formative years, we are run by volunteers, and do not yet have paid staff or office of phone number.
The best way to get in touch with us is through this website, using our free online Pennsylvania Open Government Forum. You'll also find our mailing address on the bottom of every page, along with a link to our Contact Us page.
WE'RE ALL ABOUT DISCLOSURE
The coalition is an open book: The names of our officers and board members, as well as our articles of incorporation, minutes of our meetings and financial statements are posted on our Who We Are page. Information about us may also be accessed at GuideStar, the leading source of information on U.S. nonprofits.
