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Governor signs open records law
Friday, February 15, 2008

HARRISBURG -- It's rare that a freshman legislator makes a mark in Harrisburg, but Gov. Ed Rendell and legislative leaders are praising the efforts of Rep. Tim Mahoney in pushing for a new open records law.

Amid a bipartisan group of legislators, Mr. Rendell yesterday signed Senate Bill 1, the first substantive change in the state's open records law in over 50 years.

"Tim Mahoney brought passion to this issue, which is a key reform to making Harrisburg perform the way it should," said Rep. Josh Shapiro, D-Montgomery, another leader in the open records effort.

"This is just the start of real reform in state government," said Mr. Mahoney, D-South Union. "We worked together, all four General Assembly caucuses and the governor.''

Backers of the new law -- which doesn't take effect until Jan. 1 -- agreed that it should make it considerably easier for people to get records from local and state governments and keep closer tabs on what agencies are doing.

Senate Majority Leader Dominic Pileggi, R-Chester, another leader in the open records effort, said some months will be needed for local and state agencies to select and train open records officers, who will deal with citizens' requests for records.

That's one reason the law doesn't take effect immediately. Time also is needed to establish a new Office of Open Records within the state Department of Community and Economic Development in Harrisburg. It will help resolve any problems between citizens and agencies over getting records.

Mr. Mahoney and Mr. Pileggi introduced separate open records bills last year. The Pileggi bill ended up being the legislative vehicle that was used, with amendments made by both chambers. The bill was unanimously approved by the Senate two weeks ago.

Mr. Mahoney, Mr. Shapiro, House Democratic leader Bill DeWeese of Waynesburg and House Republican leader Sam Smith of Punxsutawney played major roles in getting the House to give its unanimous approval this week.

One major change the new law makes is "reversing the presumption" regarding public records. Until now, under a previous 1957 law, legislators said that most records sought by citizens or reporters were presumed to be private or closed, and could be released only after a bureaucratic or legal battle.

The new law puts the burden on an agency to give reasons why information cannot be released, sets time limits on releasing it and penalties for refusing to do so.

"The bill fundamentally changes the structure of Pennsylvania's Right-to-Know law," said Tim Williams, president of the Pennsylvania Newspaper Association, which fought hard to get the bill approved.

There are, however, still 30 categories of information that can't be released, for privacy or safety purposes, such as information that "would likely result in physical harm or risk the personal security of an individual."

Records that "would compromise the safety or security of a building or public utility" won't be released. Social Security numbers will remain private, as will working papers of public officials and certain information related to criminal investigations.

Bureau Chief Tom Barnes can be reached at tbarnes@post-gazette.com or 1-717-787-4254.
First published on February 15, 2008 at 12:00 am
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