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Senate approves open-records measure
Thursday, January 31, 2008

HARRISBURG -- Pennsylvanians are on their way to having more access to government spending records, results of publicly funded opinion polls, e-mail messages between lawmakers and lobbyists, government contracts and more.

After a year of wrangling, the state Senate yesterday unanimously approved a new open records bill, which subjects more government records to public inspection. The bill now heads to the House, where a vote could come next week.

It requires all records to be presumed open unless they fall under exceptions outlined in the bill. That's an important switch from the current system, which requires requestors to prove that a record should be made public, said supporters of the legislation, including state Sen. Lisa Baker and Deborah Musselman, director of government affairs for the Pennsylvania Newspaper Association.

"The burden of proof is no longer on the individual who is trying to gain access to the information," said Ms. Baker, R-Luzerne. "The information is considered public unless the government can prove that it meets narrow exceptions."

Those exceptions include portions of records that contain Social Security numbers, individual medical records, employee disciplinary records, resumes of unsuccessful candidates for state jobs, letters between lawmakers and individual constituents, police investigative records, school transcripts and information that if disclosed could endanger personal or public safety.

The change would apply to state and local governing bodies, the judiciary and state-related universities, including the University of Pittsburgh.

"Pennsylvania needs a strong open-records law because transparency builds trust in government," said the bill's sponsor, Senate Majority Leader Dominic Pileggi, R-Delaware. "A strong open-records law is the foundation of true government reform."

Other senators agreed.

"We should have done this a year and a half ago," said Sen. John Wozniak, D-Cambria. "Pennsylvania was at the bottom of the heap as far as the release of public records goes, and now we're near the top of the heap for openness and transparency."

The law will help residents get access to local and state government records, he said.

"If we ever needed to raise the trust level between us and the public, it's now," he said.

Ms. Baker said the bill is part of an overall effort to reform state government. "Greater access to these public records will ensure that government is accountable to state residents," she said.

House Republicans plan to carefully scrutinize the Senate version of the open-records bill before voting next week.

"This affects all residents of the commonwealth and we want to make sure we understand all the consequences," said caucus spokesman Steve Miskin. "This is about balancing privacy with what should be open. It is a balance."

The legislation, which would take effect Dec. 31, also calls for creation of an online database of state contracts and a new state Office of Open Records housed in the Department of Community and Economic Development. The bill also calls for fines of up to $1,500 for government officials who willfully withhold public records.

Post-Gazette staff writer Tom Barnes and The Associated Press contributed. Tracie Mauriello can be reached at tmauriello@post-gazette.com or 717-787-2141.
First published on January 31, 2008 at 12:00 am
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