Pennsylvania Right to Know Law
The Pennsylvania Right to Know Act, also known as the Pennsylvania Sunshine Law, is a series of laws designed to guarantee that the public has access to public records of governmental bodies in Pennsylvania (Sunshine Review).
The Pennsylvania Sunshine Act legislates the methods by which public meetings are conducted.
Prior to 2008, the Pennsylvania Right to Know Act was widely regarded as one of the worst in the country, partly because the pre-2008 law presumed that government records were not public, unless someone who wanted the record could establish otherwise. A new law passed by the state legislature and signed by Gov. Ed Rendell "flipped the presumption". This new law went into full effect on January 1, 2009 and it states, in sharp distinction to the previous law, that all documents will be presumed to be open to the public unless the agency holding them can prove otherwise.
To learn more about how to make a public records request in this state, please see: Pennsylvania FOIA procedures
- See also: Pennsylvania transparency headlines
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Relevant legal cases
- See also: Court cases with an impact on state FOIA
Here is a list of lawsuits in Pennsylvania. For more information go the page or go to Pennsylvania sunshine lawsuits.
(The cases are listed alphabetically. To order them by year please click the icon to the right of the Year heading)
|Harristown Development Corporation v. Commonwealth of Pennsylvania||1992|
|Judge v. Pocius||1977|
|Pennsylvania State Police v. Office of Open Records||2010|
|Pocono Record v. ESU Foundation||2010|
We do not have any legislation for Pennsylvania in 2011.
We do not have any legislation for Pennsylvania in 2010.
- Main article: Proposed reforms in state sunshine laws, 2009
- SB 105 Pennsylvania Taxpayer Transparency Act This bill would direct the Office of Budget to create and maintain a free and searchable budget database website.
- SB 107 Pennsylvania Governmental Salary Information Act This bill would require the state Treasurer to post salary information for all state employees on a public website.
- SB 101 Increasing Penalties for Sunshine Laws violations
- SB 109 Taxpayer-funded advertising disclosure
- SB 110 Improving Information in state plane logs.
Transparency report card
A 2008 study, BGA - Alper Integrity Index, conducted by the Better Government Association and sponsored by Alper Services, ranked Pennsylvania #25 in the nation with an overall percentage of 52.00%. 
A 2007 study, Graded state responsiveness to FOI requests, conducted by BGA and the NFOIC, gave Pennsylvania 53 points out of a possible 100, a letter grade of "F", and a ranking of 22 out of the 50 states.
Features of the law
- Compare States: Sunshine variations
- Click on the heading to compare your state's law to other state's transparency laws.
====== Pennsylvania law defines records as, "Information, regardless of physical form or characteristics, that documents a transaction or activity of an agency and that is created, received or retained pursuant to law or in connection with a transaction, business or activity of the agency."
==== Deliberative process====
====== Pennsylvania law explicitly includes all branches of government at both the state and local level.
The legislature falls under the definition of public body found atPennsylvania Chapter 3 and is subject to the Pennsylvania Right to Know Law.
==== Privatized governmental agencies==== Under Pennsylvania law, private entities which were created by a public body and perform a public function are considered public bodies and subject to the Right to Know Law.
==== Public universities====
Status: Explicitly exempt Popular Exemptions Research Donors Examinations Course Materials
Certain universities within Pennsylvania fall under the definition of "State-related institution" which is explicitly not included in the definition of "Commonwealth agency" that defines which entities are subject to the law. These include:
(1) Temple University.
(2) The University of Pittsburgh.
(3) The Pennsylvania State University.
(4) Lincoln University.
Instead, these universities are required to submit an annual report to the government detailing tax information as well as salaries for employees. Other state departments of higher education and community college are included in the law. In 2013, a bill passed the Pennsylvania House that would close this exemption.
Impact of Lee v. Minner
The Third Circuit's rulings apply to Delaware, New Jersey, Virginia, Arkansas, Pennsylvania and any other state who permits access to only state citizens. As a result, the provision in the Pennsylvania Right to Know Law that prohibits non-residents from access to records is likely to be considered invalid.
====== Pennsylvania law does not require a statement of purpose, and further, explicitly prohibits the creation of a requirement of a statement of purpose.
====== There is not restriction on the use of records, nor can records be denied based on intended use.
- 5 days
Effective in 2009, "The time for response shall not exceed five business days from the date the written request is received by the open-records officer for an agency. If the agency fails to send the response within five business days of receipt of the written request for access, the written request for access shall be deemed denied."
The government agency may determine that:
- The requested records require some redaction.
- The records are stored in a remote location so that retrieval will take some time.
- Staffing limitations exist.
- The agency is uncertain as to whether it is required under the law to provide the records that have been requested and therefore wants to request a legal review prior to making a decision as to whether to fulfill the request.
- The requestor did not adequately comply with the policies regarding how to ask for records.
- The requestor did not pay the fees associated with the request.
- The "extent or nature of the request precludes a response within the required time period"
If the agency decides that one or more of those reasons for not providing the records within the 5-day window apply, the agency is required to provide the requestor with a letter saying why it is going to take more than 5 days. That letter must be provided within the 5 day window.
Fees for records
======== In general, the fee structure proposed by Terry Mutchler of the OOR allows for a copying fee of $0.25 per page for executive, county, municipal and school district records. The judicial branch currently charges $1.00 per page for copies and the legislative branch charges $0.50 per page.
In November 2008 Gov. Ed Rendell's office released a directive that allows states agencies to charge "a reasonable fee" for searching and retrieving documents. The directive also allows agencies to charge for redacting nonpublic information from copies of requested government documents.
The directive is controversial because the state's Office of Open Records--which was charged in 2008 with coming up with guidelines to govern how the state's new law would be implemented--says that fees should not be charged for retrieval or redaction.
The director of the OOR says the office is engaging in discussions with the Rendell administration about the new directive because the OOR believes that "When you have a fee structure that allows agencies to charge for the cost of labor, it opens the door to abuse."
There is currently no provision within the state open records law that empowers the State Department of Law to enforce the right of the public to access governmental records.
"The General Assembly finds that the right of the public to be present at all meetings of agencies and to witness the deliberation, policy formulation and decisionmaking of agencies is vital to the enhancement and proper functioning of the democratic process and that secrecy in public affairs undermines the faith of the public in government and the public's effectiveness in fulfilling its role in a democratic society."
- Pennsylvania Office of Open Records
- Pennsylvania FOIA procedures
- Pennsylvania transparency headlines
- Pennsylvania transparency advocates
- Pennsylvania transparency legislation
- Private agency, public dollars-Pennsylvania
- Pennsylvania Sunshine Act
- Right to Know Act
- Open Government Guide to Pennsylvania
- The Pennsylvania Newspaper Association offers this FAQ on PA Open Records
- Past articles on Pennsylvania
- Democracy Rising PA
- 2008 BGA-Alper Integrity Index
- States Failing FOI Responsiveness, National Freedom of Information Coalition, October 2007
- Freedom of Information in the USA, 2002
- Right to Know Act, 66.2(a)
- Pennsylvania Statute 102
- Pennsylvania Chapter 3
- Private agency, public dollars-Pennsylvania
- PA Right to KNow act, sections 102 and Chapter 15
- PA Right to Know act, sections 102 and Chapter 15
- Watchdog, PA House committee shuts transparency loophole for Penn State, other universities, April 22, 2013
- PA Right to Know Section 102
- About Pennsylvania's residency requirement
- Pennsylvania Statute 1308
- Pennsylvania Statute 301-304
- Chapter 9, Agency Response: General Rule
- PA Record Copies Limited To $.25 A Page, Fulton County News, November 27, 2008
- Pennsylvania Patriot News, "Agencies to charge for access to records", November 29, 2008
- Open Government Guide to PA, § 702(a)
State of Pennsylvania
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