Proposed HB 443 amendments would not make Pa. government more open
Oct 19th, 2007 by JamieB
From the Pennsylvania Newspaper Association:
HARRISBURG, Pa., Oct. 19, 2007 — The Pennsylvania House of Representatives is poised to vote on legislation that would reform Pennsylvania’s open records law. Unfortunately, the legislation, as amended, would actually result in less access to Pennsylvania government.
“Although legislators and other state leaders have voiced their commitment to open records reform, House Bill 443, as amended, would be a significant step in the wrong direction,” said Tim Williams, PNA president. “The PNA opposes this legislation, but remains hopeful that Senate Bill 1, the open records reform bill in the Senate, will lead to meaningful reform and will make Pennsylvania government more open and accountable to its citizens.”
It is widely recognized that Pennsylvania has one of the worst open records laws in the country. A 2002 survey by the Better Government Association ranked Pennsylvania’s open records environment 48th out of the 50 states. The Commonwealth tied with Alaska, and only Alabama and South Dakota were considered worse.
Since last year, however, there has been a growing chorus in support of reform. Senate Majority Leader Dominic Pileggi (R-Delaware) has made open records reform a priority, as have Sen. Jim Ferlo (D-Allegheny), Rep. Tim Mahoney (D-Fayette) and Gov. Ed Rendell.
To that end, three lawmakers have introduced bills to change the open records law. In the Senate, Majority Leader Pileggi is the sponsor of Senate Bill 1 and Sen. Ferlo has offered Senate Bill 765. Rep. Mahoney is sponsoring House Bill 443.
“As originally introduced, House Bill 443 contained a number of provisions that the PNA supported,” explained Williams. “As amended, however, it would mean a real step backward for Pennsylvania citizens. The amendment contains numerous, unprecedented exemptions, including broad exemptions for ‘correspondence’ and all ‘e-mail.’ As written, the proposal would provide for less access than we have today.”
“Just as problematic is the process used by the House to rush this bill to a vote. The amendment was presented at the last minute, and the stakeholders were not given a chance to participate,” Williams continued. “If this is reform, we don’t want it.”
PNA believes Pennsylvania’s open records law must be amended to create a presumption of access to agency records. The burden must be on the government agency seeking to deny access. Just as importantly, any exemptions to access must be clearly and narrowly written to protect only those records that need to be protected. These would include individual medical records, records that would disclose ongoing police investigations, and homeland security related documents.
The PNA urges citizens to contact their legislators and tell them to vote “no” on House Bill 443. The public has a right to access its government. This bill closes more records than it opens and is not in the best interest of Pennsylvania citizens.
The PNA, founded in 1925, is a nonprofit, trade association. Its mission is to advance the interests of Pennsylvania newspapers, promote the importance of a free and independent press and provide a forum for critical and innovative thinking about the future of journalism and the newspaper industry.