February 1, 2008
Contact:
 Anna Gustafson
717-787-2637
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Senate Update
by
Senator James J. Rhoades

The Senate passed legislation this week to reform Pennsylvania's Open Records Law. Final passage of this legislation meets one of my goals for this legislative session – giving Pennsylvanians unprecedented access to information about how our tax dollars are being spent to prevent corruption and promote greater confidence in state government.

Senate Bill 1 would promote greater transparency for all levels of state government, including the Legislature, the judicial branch, state agencies and the Pennsylvania Higher Education Assistance Agency (PHEAA). The legislation would make all state government records available to the public unless they fall under a specific exception established in the law. These exceptions are narrowly defined to protect private personal information such as Social Security numbers and medical records, as well as documents that would threaten domestic security or impede a criminal investigation.

A new independent entity will provide training to ensure that all state agencies comply with the law. The Open Records Clearinghouse would serve as the first point of appeal for citizens if a records request is denied. The Clearinghouse will also create a standard document for citizens to request records, making it easier for citizens to request information.

The legislation also improves the appeals process, making it easier and less expensive for a citizen to challenge an agency's decision not to release a record. Senate Bill 1 also reduces the time period for response by a Commonwealth agency from 10 to 5 days, increases financial penalties for noncompliance, and makes it easier for plaintiffs to recover attorneys' fees if an agency acts in bad faith.

Final passage of this legislation came after much negotiation with the House of Representatives, and I hope we can build on this compromise in the coming weeks and months. I am hopeful that this spirit of cooperation will enable us to accomplish my ultimate goal during this legislative session of helping people with the most important issues they face in their everyday lives.

Senator Rhoades represents the 29th Senatorial District, which includes all of Schuylkill County and parts of Berks, Carbon, Lehigh, Monroe and Northampton Counties.