September 24, 2014

Legislation to strengthen Pennsylvania’s Open Records Law was unanimously approved on Wednesday by the state Senate.

Senate Bill 444, which was introduced by Senate Majority Leader Dominic F. Pileggi, R-9, in April, expands the information available from state-related universities, improves the appeals process for requestors, establishes a new fee structure for commercial requests, and makes other important changes, said a press release from Pileggi.

“Six years ago, the General Assembly enacted a completely rewritten Open Records Law for Pennsylvania,” said Pileggi. “Senate Bill 444 seeks to improve the Open Records Law by building on what we’ve learned over the past six years.”

The bill provides unprecedented access to budget information from Pennsylvania’s four state-related universities: Temple University, Penn State University, the University of Pittsburgh, and Lincoln University. The schools will be required to create searchable, sortable and downloadable online databases, including financial data; the number of employees and aggregated, non-personal employee data; and the number of students and aggregated, non-personal student data, the release said.

Senate Bill 444 makes it easier for requesters to file an appeal when a government agency denies access to records and gives the Office of Open Records better tools to manage its caseload. It also clarifies that the Office of Open Records is an independent agency and can conduct in-camera record reviews when necessary, according to the release.

Because appeals from inmates represent 40 percent of the work at the Office of Open Records, Senate Bill 444 narrows the categories of records available to inmates – but ensures that inmates can continue to access their own personal records and records related to their incarceration, the release said.

Many agencies, especially local governments, have been burdened by commercial requests since the new law was enacted. Senate Bill 444 establishes a new fee structure that allows agencies to recoup actual costs for commercial requests, the release said.

This bill also clarifies how the law applies to third-party contracts, provides a new notification process for requests that involve the home addresses of agency employees, and limits requests to residents of Pennsylvania, a change sought by local government agencies and authorized by a recent U.S. Supreme Court decision, according to the release.

The bill now goes to the House for consideration.