PENNSYLVANIA’s
NEW OPEN RECORDS LAW
Download the new
law
PDF
document
bookmarked and searchable
Quick
Guide to the New RTK Law
The new law provides
for:
• Access to public
information
• A designated open-records officer in each
Commonwealth agency, local agency, judicial agency
and legislative agency
• Procedure
• Appeal of agency determination
• Judicial review
• The Office of Open Records
• Imposing penalties
• Reporting by State-related institutions
• Requiring the posting of certain State contract
information on the Internet
• Making related repeals.
NEW: Search online to
find out about state contracts for goods and
services or grant awards worth more than $5,000.
The online database includes contracts or purchase
orders executed since July 1, 2008.
PROPOSED BILLS
RELATED TO TRANSPARENCY
OF GOVERNMENT IN PA.
SENATE BILL
851
Right-to-Know Law exemption:
Would
amend the Volunteer Fire Company and Volunteer
Ambulance Service Grant Act, providing for an
exemption from the Right-to-Know Law. Sponsor: Sen.
Dominic Pileggi, (R-9).
•
Referred to Senate Veteran Affairs and Emergency
Preparedness Committee 6/9/2009
• First consideration 6/23/09
• Amended on second consideration 6/30/2009
• Second consideration 7/1/2009
• Passed in Senate 7/7/2009
• Referred to House Veteran Affairs and Emergency
Preparedness Committee 7/9/2009
Right-to-Know Law amendment:
Would
exempt volunteer fire companies, ambulance services
and rescue companies from the Right-to-Know Law.
Sponsor: Rep. Matthew Baker, (R-68)
•
Referred to State Government Committee 6/2/2009
Right-to-Know Law amendment:
Would
add dates of birth and addresses of public school
employees to the list of personal identification
information exempt from disclosure in the
Right-to-Know Law. Sponsor: Rep. Michael K. Hanna,
(D-76)
•
Referred to State Government Committee 6/12/2009
• Reported as amended; first consideration
7/29/2009
• Recommitted to Rules Committee 7/29/2009
• Re-reported as committed 9/10/2009
• Recommitted to Appropriations 9/11/2009
Public School Code amendment:
Would
provide for confidentiality of home addresses of
school employees. Sponsor: Sen. Jeffrey E. Piccola
(R-15)
•
Referred to Education committee 7/6/2009
• Reported as committed; first consideration
7/28/2009
• Laid on table 9/24/2009
Public School Code amendment:
Would
provide for confidentiality of home addresses of
school employees. Sponsor: Rep. James R. Roebuck
Jr. (D-188)
•
Referred to Education committee 8/20/2009
• Reported as committed; first consideration
12/15/2009
• Recommitted to Appropriations 12/16/2009
Public School Code amendment:
Would
exempt the Pennsylvania Interscholastic Athletic
Association from the Right to Know Law and place it
under the guidance of a special legislative
commission. Sponsor: Sen. Jane Clare Orie (R-40)
•
Referred to Education committee 11/10/2009
• Reported as amended; first consideration
12/16/2009
• Re-referred to Appropriations committee 2/2/1010
County Code amendment:
Would
prevent access to official records of coroner,
including autopsy reports, and delay access to
name, cause and manner of death of deceased, now
immediately available under the Right to Know Law.
Sponsor: Sen.Patricia H. Vance (R-31)
•
Referred to Senate Local Government committee,
9/29/2009
• Reported as committed; first consideration
12/16/2009
• Second consideration 1/25/2010
• Third consideration, final passage 1/27/2010
• Referred to House Local Government committee
1/29/2010
Sunshine Act amendment:
Would
increase fines for intentional violations of the
open meeting law, and stipulate that such fines be
paid by individuals, not an agency. Would also add
discussions related to school security or safety to
the purposes permitted for an executive session.
Sponsor: Rep. Babette Josephs (D-182)
•
Referred to House State Government Committee
4/22/2009
• Reported as amended; first consideration
5/11/2009
• Recommitted to Appropriations 5/12/2009
• Re-reported as committed; second consideration
3/10/2010
• Third consideration, with amendments 3/16/2010
• Final passage, 3/16/2010
• Referred to Senate State Government Committee,
3/18/2010
Sunshine Act amendment:
Would
increase penalities for violating the Sunshine Act
(open meetings law) Sponsor: Sen. Lloyd Smucker,
(R-13)
•
Reintroduced in Senate 1/21/2009
• Referred to State Government Committee 2/6/2009
• First consideration (Senate) 4/28/2009
• Second consideration (Senate) 5/6/2009
• Passed in Senate 6/1/2009
• Referred to State Government Committee in House
6/3/2009
Contract procurement reform:
Would
reform procurement of consulting contracts by
creating open bid process and providing for
transparency. Sponsor: Sen. Jane Orie, (R-40)
•
Reintroduced in Senate 1/21/2009
• Referred to State Government Committee
3/4/2009
State-owned vehicles accountability:
Would
increase accountability related to the use of
state-owned vehicles. Sponsor: Sen. Mike Folmer,
(R-48)
•
Reintroduced in Senate 1/21/2009
• Referred to State Government Committee 2/6/2009
• Reported as amended, first consideration
1/26/2010
• Second consideration 2/1/2010
• Re-referred to Appropriations
2/1/2010
Taxpayer Transparency Act:
Would
establish a searchable online budget database
detailing information about taxpayer investments.
Sponsor: Sen. Patrick Browne, (R-16)
•
Reintroduced in Senate 1/21/2009
• Referred to Finance Committee 2/6/2009
• First consideration in Senate 2/10/2009
• Re-referred to Appropriations Committee 2/11/2009
• Re-reported to Senate 4/20/2009
• Amended on second consideration 5/4/2009
• Second consideration 5/5/2009
• Amended on third consideration 5/6/2009
• Passed in Senate 6/1/2009
• Referred to House Finance Committee
6/3/2009
Salary Information Act:
Would require posting of all government employee
salaries online. Sponsor: Sen. Dominic Pileggi,
(R-9)
•
Reintroduced in Senate 1/21/2009
• Referred to State Government Committee 1/29/2009
• First consideration 7/2/2009
• Re-referred to Appropriations Committee 7/6/2009
• Re-reported as amended 7/14/2009
• Second consideration 7/15/2009
• Amended on third consideration 7/16/2009
• Laid on the table 8/3/2009
Taxpayer-Funded Advertising Transparency Act:
Would
require disclosure notices for taxpayer-funded
advertising. Sponsor: Sen. Mike Folmer, (R-48)
•
Reintroduced in Senate 1/21/2009
• Referred to State Government Committee 2/6/2009
• Reported as committed; first consideration
1/26/2010
• Second consideration 2/1/2010
• Re-referred to Appropriations 2/1/2010
• Re-reported as amended 3/15/2010
• Third consideration, final passage 3/23/2010
State Plane Logs:
Would improve access to and expand information
contained in state plane logs. Sponsor: Sen. Lloyd
Smucker, (R-13)
•
Reintroduced in Senate 1/21/2009
• Referred to Transportation Committee 2/6/2009
• First consideration (Senate) 4/28/2009
• Second consideration (Senate) 5/6/2009
• Passed in Senate 6/1/2009
• Referred to House Transportation Committee
6/3/2009
Visitors to our site
The Pennsylvania Freedom of Information Coalition is a non-profit volunteer group working to help you understand and use the state's open records and open meetings law, and works with citizens around the state to increase government transparency.
Our services are free to everyone ... But we need YOUR CONTRIBUTION to enable us to meet expenses hosting this website and traveling across the state to provide informational sessions.
Your gift of just $25 is tremendously helpful to us, and it's tax-deductible for you.
If you are interested in open government, please join the PaFOIC today. You can join us online right now for less than the cost of one tank of gas.
PaFOIC hosts public forums
The Pennsylvania
Freedom of Information Coalition welcomes
invitations to present informational sessions on
the new open records law across the state.
Contact us for more details.
Pennsylvanians have a new right to know.
Pennsylvania has a new open-records law which greatly expands public access to a wide array of government records.The new law accomplishes three major things:
- For the first time, establishes that all records kept by local and state government are presumed to be open to the public, with some exceptions. No longer is access restricted to just “accounts, vouchers or contracts” or “minutes, orders or decisions.”
- For the first time, puts the burden of proving why a record should not be released on government agencies. No longer do citizens who are denied records have to prove why they should have them.
- For the first time, there is an independent agency charged with arbitrating open records disputes. No longer do citizens have to go to court when they feel their request has been unjustly denied. The state’s new Office of Open Records, under the direction of executive director Terry Mutchler, will hear appeals and issue rulings when there are disputes.
GET ANSWERS ABOUT THE
NEW OPEN RECORDS LAW
About the PaFOIC
OUR MISSIONThe Pennsylvania
Freedom of Information Coalition works to give all
Pennsylvanians access to their federal, state and
local governments, their records and their
proceedings.
We believe that such access results in the most
responsive, accountable and effective government,
stimulating civic involvement and trust in
government.
We seek to help all Pennsylvanians fully realize
their rights and carry out their responsibilities
as citizens in our democracy.
OUR
WORK
- Education: Through seminars and publications, we educate citizens, groups and government officials about the importance of open government to democracy and how they can use their rights to get public records.
- Law reform: We monitor proposed state and federal laws, regulations and court decisions. We provide information to state officials and encourage discussion of open government improvements in Pennsylvania. To the extent allowed by our nonprofit status, we support reforms affecting public records.
- Legal support: We provide resource material to citizens or groups who encounter difficulty in obtaining public records. In open government cases of state-wide importance, we help citizens obtain vigorous legal representation.
The Pennsylvania Freedom of Information Coalition was founded in 2005. Consider this website our “virtual” office. As a non-profit 501(c)3 organization in its formative years, we are run by volunteers, and do not yet have paid staff or office of phone number.
The best way to get in touch with us is through this website, using our free online Pennsylvania Open Government Forum. You'll also find our mailing address on the bottom of every page, along with a link to our Contact Us page.
WE'RE ALL ABOUT DISCLOSURE
The coalition is an open book: The names of our officers and board members, as well as our articles of incorporation, minutes of our meetings and financial statements are posted on our Who We Are page. Information about us may also be accessed at GuideStar, the leading source of information on U.S. nonprofits.
