Senate Again Passes Open Records Bill

Senate approves legislation limiting landowner liability

The Senate again approved legislation during the session week of January 28 to give Pennsylvanians greater and easier access to government records, according to Senator Bob Robbins (R-50). Senate Bill 1 would revamp and strengthen the state's Open Records Law, which has not been significantly changed since it was passed in 1957.

"This is the second time that we have sent this bill to the House. I hope we will soon see it move on to the Governor's desk for enactment into law. This legislation recognizes that Pennsylvanian's have a right to full disclosure of government actions and activities," Senator Robbins said. "I believe this bill, once enacted, will address and clarify the responsibilities of government to inform its citizens."

The legislation would make a key change in the current law by adding a "presumption" that all records from Commonwealth agencies and local agencies are public unless they fall under a specific exception established in the law. The exceptions allow certain records to remain private, such as Social Security numbers, medical records, records that would threaten domestic security, and police investigative records.

Senate Bill 1 would also establish a state office that will be the first point of appeal for disputes and provide regular training to local, county and state officials on how the law is to be applied. The new Open Records Clearinghouse would be an independent entity within the Department of Community and Economic Development.

On Monday, the Senate approved Senate Bill 497 legislation introduced by Senator Robbins that would amend state law to ensure that landowners who open their property for public recreational use -- and do not charge a fee -- will not be held liable for accidents that occurred to others while engaged in their recreational pursuits.

"We should be encouraging -- rather than discouraging -- property owners to keep their land open for public use whenever and wherever possible. This is particularly important since the Department of Conservation and Natural Resources has informed the motorized recreational community that there will be no substantial additions to riding areas in state parks and forests," Senator Robbins said.

Committee Roundup

The Senate State Government Committee endorsed legislation on Tuesday to give Pennsylvanians the ability to eliminate political "robo-calls." Senate Bill 820 would allow Pennsylvania residents to opt out of automated political "robo-calls" in the same way that they can opt out of telemarketing calls, by signing up for the state's Do-Not-Call List.

Contact:

Michael Hengst
(717) 787-1322