Lawmakers move to revamp Pennsylvania's open-records law

By The Associated Press

03.26.02

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HARRISBURG, Pa. — A bill intended to improve access to state and local government records won the House's overwhelming approval yesterday, with supporters saying it represents the first step toward overhauling Pennsylvania's 44-year-old public-records law.

The measure would set deadlines for agencies to respond to requests for records; require government offices to provide reasons for denying access in writing; and impose fines on individuals and agencies that violate the law.

"I believe that most public servants mean to treat people right. For all of those governments, there's no need for any legislation, because they've got goodwill," said Rep. John A. Maher, R-Allegheny, who sponsored the bill. "The law will present some headaches to governments who have heretofore not embraced sunshine."

The House passed Maher's bill in a 190-1 vote. The measure now goes to the Senate for consideration.

Open-records advocates consider Pennsylvania's current Right to Know Law one of the weakest in the nation. It assumes that a government record can be kept from public view unless specifically designated by law as open for inspection.

The law applies to records ranging from police logs to minutes of government meetings.

The House bill would require local governments to respond to requests for records within five business days, and state agencies would have to respond within 10 business days. It provides exceptions, however, if the record is in storage, if the agency determines that it must be edited before it can be released, or if there is insufficient staff to process the request.

Violations of the law would be considered summary offenses, subject to a $100 fine under the proposal. Additionally, agencies or individuals who violated court orders to provide access to records would be fined $100 a day until they complied.

Rep. Gregory S. Vitali, D-Delaware, cast the lone dissenting vote. Vitali said that although the bill was well-intentioned, it failed to define what records should be public.

"This bill is not really going to open up the inner workings of government the way it should," he said.

Lobbying organizations representing the state's news media and advocacy groups such as Common Cause have pushed for reforming the Right to Know Law for at least two years. Gov. Mark S. Schweiker has also said he supports updating the law and opening more documents to public scrutiny.

"We recognize that it's not a complete overhaul, but it's a major step toward reform," said Kara Beem, director of government affairs for the Pennsylvania Newspaper Association.

Ernest Schreiber, president of the Pennsylvania Society of Newspaper Editors, also praised the measure, saying it would "significantly improve the flow of information between public agencies and the public."

Barry Kauffman, executive director of Common Cause of Pennsylvania, said that although his organization supports the legislation, he hoped the Senate would revise it to address issues such as the definition of a public record.

"It's better than nothing," Kauffman said. "If this were family transportation, and you were driving a moped and needed a minivan, it would be like getting a Yugo instead."

Update

Governor signs bill revamping Pennsylvania's open-records law
State's 44-year-old public-records act had been considered one of the weakest in the country.  07.03.02

Related

Journalist, citizens press Pennsylvania lawmakers for stronger sunshine law
Open-government advocates describe 43-year-old Right to Know Act as among weakest in the nation.  10.13.00