House gets open-records bill
Jan. 31, 2008
By JAN MURPHY
Of The Patriot-News
HARRISBURG — Legislation intended to make state government more transparent is before the state House of Representatives.
The House could vote as early as Monday on a bill that would revise the state's 51-year-old open records law, widely regarded as one of the country's weakest. The Senate gave unanimous approval Wednesday to its open records legislation.
That bill, however, faces a difficult passage in the House, according to sources.
Gov. Ed Rendell has sought a stronger open records law, but his spokesman, Chuck Ardo, said the administration wants to review the changes the Senate made before taking a position.
Senate Majority Leader Dominic Pileggi, R-Delaware County, who sponsored the Senate plan, said if that version is enacted into law, the state's open records law could be viewed as arguably one of the nation's best.
"Pennsylvania needs a stronger open records law because transparency builds trust in government," Pileggi said. "By opening governmental records to public inspection, we give citizens the ability to thoroughly review government actions, which is their right."
The bill would ease access to government records and put the onus on government officials to prove a document should not be made available. Currently, records are presumed to be closed unless they fit into a few categories.
The General Assembly would be subject to the open records law for the first time, as would community colleges. Penn State, Pitt, Lincoln and Temple universities would have to disclose the salaries of top officials.
The Senate and House had approved different versions of open records legislation, but the latest one pulls together provisions from both bills.
The Senate bill would allow for the new disclosure rules to apply to records requests made after Jan. 1, 2009. It also would establish a state Office of Open Records to offer training about the new law, set duplication fees for record requests and help resolve record disputes.
The Pennsylvania Newspaper Association and other local government associations support the latest version of the legislation.
"Pennsylvania has for years ranked near the bottom when it came to transparency and openness in government," said John Kirkpatrick, editor and publisher of The Patriot-News. "This bill takes a huge step in changing that, which is wonderful news for everyone who cares about what is happening with their tax money and how decisions are made."
Sen. Terry Punt, R-Franklin County, cast an affirmative vote on the bill, but said it would be a mistake to make available birth dates and addresses of public employees, except for those in law enforcement or the judiciary.
"We're going to have to revisit that someday, I believe, and hopefully it won't be the result of an injury or fatality caused by some nut," Punt said.
Pileggi said that information is available under the current law, but that separate bills will be introduced to deal with identity theft concerns.
Some government reform advocates point to notable flaws, saying there should be escalated penalties for serial offenders. Critics also say the bill would allow agencies to charge nuisance fees for redaction and record retrieval. Common Cause Pennsylvania is among those urging the House to reject the Senate plan.
"Passing a "reform law" simply to get some so-called reform legislation passed before the primary does not serve the Pennsylvanians you serve," said Common Cause's Barry Kauffman in an e-mail to House members.
Highlights:
Key details in the Senate bill to revamp the state's open records law.
• Polling results would be made public.
• 911 calls would be made public when interest in disclosure outweighs privacy concerns.
• Correspondence between lobbyists and legislators would be made public.
• Would raise to $1,500 the fine for denying access to a record in bad faith. The House bill had set a $1,000 fine.
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