Changes for open records passed
Feb. 13, 2008
By ROBERT SWIFT
Times-Shamrock Harrisburg bureau chief
HARRISBURG — State lawmakers gave final approval Tuesday to legislation overhauling open-records laws, thus clearing the way for Gov. Ed Rendell to sign the measure within the next few days.
By a unanimous vote, the Senate approved a compromise version of legislation that makes it easier for citizens to look at and copy documents kept by state and local governments. The measure has been debated and fought over for more than a year by lawmakers attempting to balance the public's right to know with privacy concerns. Mr. Rendell quickly said he would sign the bill.
"The governor has long believed that government should be more transparent so the average citizen has a better understanding of how government works," said Chuck Ardo, Mr. Rendell's spokesman.
The measure brings Pennsylvania's 1957 Right to Know Act — one of the most restrictive in the nation — into the 21st century. Most provisions will take effect in 2009.
In an important statement, the bill declares that state, county and municipal records are considered public unless stated otherwise and puts the burden of proof on a government to show why a record should not be made public.
Certain legislative and judicial records are included for the first time under the definition of public records.
To replace the long-standing system in which government officials decided what records could be released, the bill lists specific records that are off-limits. These include records that contain Social Security numbers, criminal investigations, personal bank account information and the address and date-of-birth of anyone under age 17.
The bill creates a new office of open records in the state Department of Community and Economic Development to assist individuals seeking open records, set photocopying fees and create a standard appeals process for people denied access to records.
To make access more timely, the bill reduces from 10 days to five days the time agencies may take to respond to information requests. To help ensure compliance, the bill increases to a maximum of $1,500 the civil fines for officials who violate the requirements and allows courts to order officials to pay legal costs if they are proven to have acted in bad faith.
Officials who do not promptly comply with a court order to release records may be fined up to $500 a day until the records are provided.
During the final debate, a provision was added to the bill saying that 911 call logs will only be made public if an agency or court determines that it is in the public interest. Another late addition to the bill keeps lists of individuals receiving social services off-limits. Republican House lawmakers said the bill would have had serious flaws without those changes.
The final bill is like a glass more than half full, said Barry Kauffman, director of Pennsylvania Common Cause. But Mr. Kauffman added the bill contains shortcomings, including limited access to legislative records, lack of criminal penalties for officials and absence of a truly independent open records agency.
Senate Minority Leader Robert Mellow, D-Peckville, said citizens will be able to fully weigh in on a wide range of proposals and policies with greater access to government records.
"Our action on open records shows what can be accomplished when we work together on issues of importance," said House Majority Whip Keith McCall, D-Carbon.
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