Mike's Memo

Senate Passes Changes to Open Records Law

Senate Bill 1, which would change Pennsylvania's Open Records Law, unanimously passed the Senate last week. The measure now goes to the House for consideration. The revised law would:

• Reverse the presumption of access to records and put the burden of proof on a government agency denying access to a record;

• Provide a list of 29 exceptions for executive and local agencies, such as criminal investigations, Social Security Numbers, personal financial information, and individual medical records;

• Require legislative agencies (including the Senate and the House) to provide access for 19 categories of records;

• Require judicial agencies to provide financial records;

• Subject legislative and financial records to the same presumption and the same burden of proof as records from Commonwealth agencies and local agencies; and

• Create an online, searchable database of state contracts

Senate Bill 1 would also make important changes for obtaining public records in Pennsylvania, including: 

• Create an independent Office of Open Records with an executive director appointed by the governor to a six-year term; the governor can only remove the executive director for cause (a high standard);

• Give the executive director independence by empowering him/her to control his/her budget (a separate line item in the budget) and his/her staff;

• Change the appeals process (which, hopefully, makes it easier for a citizen to challenge an agency’s decision not to release a record);

• Reduce response times for agencies from 10 days to 5 days;

• Increase financial penalties for noncompliance (and changes how plaintiffs can recover attorneys' fees for agency acts of bad faith); and

• Require the Office of Open Records to establish standard fees for photocopying records and a uniform form when requesting records.

Senate Committee Acts to Restrict Political "Robo-Calls"

The Senate State Government Committee unanimously passed Senate Bill 820, which would amend the Telemarketer Registration Act to prohibit the use of an automatic dialing-announcing device (so-called "robo-calls") made on behalf of political candidates, committees, organizations, or parties.  This change would allow people signed up for Pennsylvania’s "Do Not Call" list to add taped calls from candidates, special interest groups, and campaign committees to the list of calls they do not want to receive.  The proposal was re-referred to the Senate Appropriations Committee for further review and consideration.

Governor's Budget Address Scheduled for This Week

On February 5, Governor Rendell will outline his state spending plan for the 2008 – 2009 Fiscal Year.  You can watch the Governor’s Budget Address live by clicking Live Senate Feed and also, you may view my thoughts and comments on his spending plan by going to my website. 

Mark Your Calendars

Sportsmen's Advisory Committee – 6 p.m., Tuesday, February 19, Palmyra Sportsmen's Association.

Featured speakers:

Phil Durgin, Executive Director of the Pennsylvania Legislative Budget and Finance Committee and
Gail Reinard, Executive Director of the Senate Game and Fisheries Committee, will discuss the planned study of deer management and other issues of interest. Contact my office to RSVP.

Business Advisory Committee – 7:30 a.m., Wednesday, February 20, Souptyme, Lebanon (located off of Rt. 72)

Featured speaker: Eileen Melvin, member of the Pennsylvania Unemployment Compensation Board of Review, will discuss Unemployment Compensation cost control. Other business-related and legislative topics will also be discussed. Sponsorships for the event are available! Contact my office to RSVP or for sponsorship information.