CORRECTIVE REPRINT
PRIOR PRINTER'S NOS. 772, 1509, 1553, PRINTER'S NO. 1726
1562, 1583, 1646, 1704, 1721
No. 1 Session of 2007
INTRODUCED BY PILEGGI, SCARNATI, MELLOW, ORIE, KASUNIC, MUSTO,
RAFFERTY, O'PAKE, TOMLINSON, M. WHITE, ERICKSON, WAUGH,
FOLMER, COSTA, EARLL, VANCE, BOSCOLA, CORMAN, WONDERLING,
GORDNER, RHOADES, D. WHITE, PIPPY, MADIGAN, ARMSTRONG, BAKER,
C. WILLIAMS, BRUBAKER, BROWNE, REGOLA, DINNIMAN AND
EICHELBERGER, MARCH 29, 2007
SENATE AMENDMENTS TO HOUSE AMENDMENTS, JANUARY 29, 2008
AN ACT
1 Providing for access to public information, for a designated <--
2 open-records officer in each Commonwealth agency, local
3 agency, judicial agency and legislative agency, for
4 procedure, for appeal of agency determination, for judicial
5 review and for the Pennsylvania Public Records Office;
6 imposing penalties; providing for reporting by State-related
7 institutions; requiring the posting of certain State contract
8 information on the Internet; and making related repeals.
9 PROVIDING FOR ACCESS TO PUBLIC INFORMATION, FOR A DESIGNATED <--
10 OPEN-RECORDS OFFICER IN EACH COMMONWEALTH AGENCY, LOCAL
11 AGENCY, JUDICIAL AGENCY AND LEGISLATIVE AGENCY, FOR
12 PROCEDURE, FOR APPEAL OF AGENCY DETERMINATION, FOR JUDICIAL
13 REVIEW AND FOR THE OFFICE OF OPEN RECORDS; IMPOSING
14 PENALTIES; PROVIDING FOR REPORTING BY STATE-RELATED
15 INSTITUTIONS; REQUIRING THE POSTING OF CERTAIN STATE CONTRACT
16 INFORMATION ON THE INTERNET; AND MAKING RELATED REPEALS.
17 TABLE OF CONTENTS <--
18 Chapter 1. Preliminary Provisions
19 Section 101. Short title.
20 Section 102. Definitions.
21 Chapter 3. Requirements and Prohibitions
22 Section 301. Commonwealth agencies.
1 Section 302. Local agencies.
2 Section 303. Legislative agencies.
3 Section 304. Judicial agencies.
4 Section 305. Presumption.
5 Section 306. Nature of document.
6 Chapter 5. Access
7 Section 501. Scope of chapter.
8 Section 502. Open-records officer.
9 Section 503. (Reserved).
10 Section 504. Regulations and policies.
11 Section 505. Uniform form.
12 Section 506. Requests.
13 Section 507. Retention of records.
14 Chapter 7. Procedure
15 Section 701. Access.
16 Section 702. Requests.
17 Section 703. Written requests.
18 Section 704. Electronic access.
19 Section 705. Creation of record.
20 Section 706. Redaction.
21 Section 707. Production of certain records.
22 Section 708. Exceptions for public records.
23 Section 709. Internet access.
24 Chapter 9. Agency Response
25 Section 901. General rule.
26 Section 902. Extension of time.
27 Section 903. Denial.
28 Section 904. Certified copies.
29 Section 905. Administrative denial.
30 Section 906. Record discard.
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1 Chapter 11. Appeal of Agency Determination
2 Section 1101. Filing of appeal.
3 Chapter 13. Judicial Review
4 Section 1301. Commonwealth agencies, legislative agencies and
5 judicial agencies.
6 Section 1302. Local agencies.
7 Section 1303. Notice and records.
8 Section 1304. Court costs and attorney fees.
9 Section 1305. Penalties.
10 Section 1306. Immunity.
11 Section 1307. Fee limitations.
12 Section 1308. Prohibition.
13 Section 1309. Practice and procedure.
14 Section 1310. Pennsylvania Public Records Office.
15 Section 1311. Administrative appeals.
16 Chapter 15. State-Related Institutions
17 Section 1501. Definition.
18 Section 1502. Reporting.
19 Section 1503. Contents of report.
20 Section 1504. Copies and posting.
21 Chapter 17. State Contract Information
22 Section 1701. Submission and retention of contracts.
23 Section 1702. Public availability of contracts.
24 Chapter 19. Public Officials
25 Section 1901. Disclosure of affiliation.
26 Chapter 31. Miscellaneous Provisions
27 Section 3101. Applicability.
28 Section 3101.1. Relation to other law or judicial actions.
29 Section 3101.2. Severability.
30 Section 3102. Repeals.
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1 Section 3103. References.
2 Section 3104. Effective date.
3 TABLE OF CONTENTS <--
4 CHAPTER 1. PRELIMINARY PROVISIONS
5 SECTION 101. SHORT TITLE.
6 SECTION 102. DEFINITIONS.
7 CHAPTER 3. REQUIREMENTS AND PROHIBITIONS
8 SECTION 301. COMMONWEALTH AGENCIES.
9 SECTION 302. LOCAL AGENCIES.
10 SECTION 303. LEGISLATIVE AGENCIES.
11 SECTION 304. JUDICIAL AGENCIES.
12 SECTION 305. PRESUMPTION.
13 SECTION 306. NATURE OF DOCUMENT.
14 CHAPTER 5. ACCESS
15 SECTION 501. SCOPE OF CHAPTER.
16 SECTION 502. OPEN-RECORDS OFFICER.
17 SECTION 503. APPEALS OFFICER.
18 SECTION 504. REGULATIONS AND POLICIES.
19 SECTION 505. UNIFORM FORM.
20 SECTION 506. REQUESTS.
21 SECTION 507. RETENTION OF RECORDS.
22 CHAPTER 7. PROCEDURE
23 SECTION 701. ACCESS.
24 SECTION 702. REQUESTS.
25 SECTION 703. WRITTEN REQUESTS.
26 SECTION 704. ELECTRONIC ACCESS.
27 SECTION 705. CREATION OF RECORD.
28 SECTION 706. REDACTION.
29 SECTION 707. PRODUCTION OF CERTAIN RECORDS.
30 SECTION 708. EXCEPTIONS FOR PUBLIC RECORDS.
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1 CHAPTER 9. AGENCY RESPONSE
2 SECTION 901. GENERAL RULE.
3 SECTION 902. EXTENSION OF TIME.
4 SECTION 903. DENIAL.
5 SECTION 904. CERTIFIED COPIES.
6 SECTION 905. RECORD DISCARD.
7 CHAPTER 11. APPEAL OF AGENCY DETERMINATION
8 SECTION 1101. FILING OF APPEAL.
9 SECTION 1102. APPEALS OFFICERS.
10 CHAPTER 13. JUDICIAL REVIEW
11 SECTION 1301. COMMONWEALTH AGENCIES, LEGISLATIVE AGENCIES AND
12 JUDICIAL AGENCIES.
13 SECTION 1302. LOCAL AGENCIES.
14 SECTION 1303. NOTICE AND RECORDS.
15 SECTION 1304. COURT COSTS AND ATTORNEY FEES.
16 SECTION 1305. PENALTIES.
17 SECTION 1306. IMMUNITY.
18 SECTION 1307. FEE LIMITATIONS.
19 SECTION 1308. PROHIBITION.
20 SECTION 1309. PRACTICE AND PROCEDURE.
21 SECTION 1310. OFFICE OF OPEN RECORDS.
22 CHAPTER 15. STATE-RELATED INSTITUTIONS
23 SECTION 1501. DEFINITION.
24 SECTION 1502. REPORTING.
25 SECTION 1503. CONTENTS OF REPORT.
26 SECTION 1504. COPIES AND POSTING.
27 CHAPTER 17. STATE CONTRACT INFORMATION
28 SECTION 1701. SUBMISSION AND RETENTION OF CONTRACTS.
29 SECTION 1702. PUBLIC AVAILABILITY OF CONTRACTS.
30 CHAPTER 31. MISCELLANEOUS PROVISIONS
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1 SECTION 3101. APPLICABILITY.
2 SECTION 3101.1. RELATION TO OTHER LAW OR JUDICIAL ACTIONS.
3 SECTION 3101.2. SEVERABILITY.
4 SECTION 3102. REPEALS.
5 SECTION 3103. REFERENCES.
6 SECTION 3104. EFFECTIVE DATE.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 CHAPTER 1 <--
10 PRELIMINARY PROVISIONS
11 Section 101. Short title.
12 This act shall be known and may be cited as the Right-to-Know
13 Law.
14 Section 102. Definitions.
15 The following words and phrases when used in this act shall
16 have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Administrative proceeding." A proceeding by an agency the
19 outcome of which is required to be based on a record or
20 documentation prescribed by law or in which a statute or
21 regulation is particularized in application to individuals. The
22 term includes an appeal.
23 "Agency." A Commonwealth agency, a local agency, a judicial
24 agency or a legislative agency.
25 "Aggregated data." A tabulation of data which relate to
26 broad classes, groups or categories so that it is not possible
27 to distinguish the properties of individuals within those
28 classes, groups or categories.
29 "Commonwealth agency." Any of the following:
30 (1) Any office, department, authority, board, multistate
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1 agency or commission of the executive branch; an independent
2 agency; and a State-affiliated entity. The term includes:
3 (i) The Governor's Office.
4 (ii) The Office of Attorney General, the Department
5 of the Auditor General and the Treasury Department.
6 (iii) An organization established by the
7 Constitution of Pennsylvania, a statute or an executive
8 order which performs or is intended to perform an
9 essential governmental function.
10 (2) The term does not include a judicial or legislative
11 agency.
12 "Confidential proprietary information." Commercial or
13 financial information received by an agency:
14 (1) which is privileged or confidential; and
15 (2) the disclosure of which would cause substantial harm
16 to the competitive position of the person that submitted the
17 information.
18 "Financial record." Includes:
19 (1) Any account, voucher or contract dealing with:
20 (i) the receipt or disbursement of funds by an
21 agency; or
22 (ii) an agency's acquisition, use or disposal of
23 services, supplies, materials, equipment or property.
24 (2) The salary or other payments or expenses paid to an
25 officer or employee of an agency, including the name and
26 title of the officer or employee.
27 (3) Results of a financial audit.
28 (4) Application and database compilation or log of
29 applications by political subdivisions, nonprofit
30 organizations, other entities and individuals for the receipt
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1 of State-funded grants awarded on a discretionary basis by a
2 Commonwealth agency, including legislative initiative grants,
3 regardless of whether the applicant receives the grant for
4 which it has applied. For purposes of this paragraph,
5 financial record shall include information regarding:
6 (i) where applicable, the application sequence
7 number;
8 (ii) the date the application was received by the
9 Commonwealth agency;
10 (iii) the applicant name and contact person;
11 (iv) the project description;
12 (v) the project location;
13 (vi) the amount of funding requested;
14 (vii) any notations as to whether the application
15 was complete and consistent with program guidelines;
16 (viii) whether or not the Commonwealth agency had
17 approved the application;
18 (ix) where applicable, the amount of the grant
19 awarded;
20 (x) where applicable, the date on which the
21 Commonwealth agency notified the applicant that it
22 approved the application;
23 (xi) in the case of a legislative initiative grant,
24 the name of any member of the General Assembly who
25 recommends the grantee; and
26 (xii) any other relevant information that qualifies
27 as a public record or financial record under this act.
28 "Homeland security." Governmental actions designed to
29 prevent, detect, respond to and recover from acts of terrorism,
30 major disasters and other emergencies, whether natural or
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1 manmade. The term includes activities relating to the following:
2 (1) emergency preparedness and response, including
3 preparedness and response activities by volunteer medical,
4 police, emergency management, hazardous materials and fire
5 personnel;
6 (2) intelligence activities;
7 (3) critical infrastructure protection;
8 (4) border security;
9 (5) ground, aviation and maritime transportation
10 security;
11 (6) biodefense;
12 (7) detection of nuclear and radiological materials; and
13 (8) research on next-generation securities technologies.
14 "Independent agency." Any board, commission or other agency
15 or officer of the Commonwealth, that is not subject to the
16 policy supervision and control of the Governor. The term does
17 not include a legislative or judicial agency.
18 "Judicial agency." A court of the Commonwealth or any other
19 entity or office of the unified judicial system.
20 "Legislative agency." Any of the following:
21 (1) The Senate.
22 (1.1) Political party caucuses of the Senate.
23 (2) The House of Representatives.
24 (2.1) Political party caucuses of the House of
25 Representatives.
26 (3) The Capitol Preservation Committee.
27 (4) The Center for Rural Pennsylvania.
28 (5) The Joint Legislative Air and Water Pollution
29 Control and Conservation Committee.
30 (6) The Joint State Government Commission.
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1 (7) The Legislative Budget and Finance Committee.
2 (8) The Legislative Data Processing Committee.
3 (9) The Independent Regulatory Review Commission.
4 (10) The Legislative Reference Bureau.
5 (11) The Local Government Commission.
6 (12) The Pennsylvania Commission on Sentencing.
7 (13) The Legislative Reapportionment Commission.
8 "Legislative initiative grant." A grant that is awarded, in
9 whole or in part, on the basis of a recommendation made by or on
10 behalf of a member of the General Assembly.
11 "Legislative record." Any of the following relating to a
12 legislative agency:
13 (1) A financial record.
14 (2) A bill or resolution that has been introduced and
15 amendments offered thereto in committee or in legislative
16 session, including resolutions to adopt or amend the rules of
17 a chamber.
18 (3) Fiscal notes.
19 (4) A cosponsorship memorandum.
20 (5) The journal of a chamber.
21 (6) The minutes of, record of attendance of members at a
22 public hearing or a public committee meeting and all recorded
23 votes taken in a public committee meeting.
24 (7) The transcript of a public hearing when available.
25 (8) Executive nomination calendars.
26 (9) The rules of a chamber.
27 (10) A record of all recorded votes taken in a
28 legislative session.
29 (11) Any administrative staff manuals or written
30 policies.
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1 (12) An audit prepared pursuant to the act of June 30,
2 1970 (P.L.442, No.151) entitled, "An act implementing the
3 provisions of Article VIII, section 10 of the Constitution of
4 Pennsylvania, by designating the Commonwealth officers who
5 shall be charged with the function of auditing the financial
6 transactions after the occurrence thereof of the Legislative
7 and Judicial branches of the government of the Commonwealth,
8 establishing a Legislative Audit Advisory Commission, and
9 imposing certain powers and duties on such commission."
10 (13) Final or annual reports required by law to be
11 submitted to the General Assembly.
12 (14) Legislative Budget and Finance Committee reports.
13 (15) Daily Legislative Session Calendars and marked
14 calendars.
15 (16) A record communicating to an agency the official
16 appointment of a legislative appointee.
17 (17) A record communicating to the appointing authority
18 the resignation of a legislative appointee.
19 (18) Proposed regulations, final-form regulations and
20 final-omitted regulations submitted to a legislative agency.
21 (19) The results of polling contracted for or conducted
22 by a legislative agency and paid for with funds of the
23 legislative agency.
24 "Local agency." Any of the following:
25 (1) Any political subdivision, intermediate unit,
26 charter school or public trade or vocational school.
27 (2) Any local, intergovernmental, regional or municipal
28 agency, authority, council, board, commission or similar
29 governmental entity.
30 "Personal financial information." An individual's personal
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1 credit, charge or debit card information; bank account
2 information; bank, credit or financial statements; account or
3 PIN numbers and other information relating to an individual's
4 personal finances.
5 "Privilege." The attorney-work product doctrine, the
6 attorney-client privilege, the doctor-patient privilege or other
7 privilege recognized by a court interpreting the laws of this
8 Commonwealth.
9 "Public record." A record of a Commonwealth or local agency
10 that:
11 (1) is not exempt under section 708;
12 (2) is not exempt from being disclosed under any other
13 Federal or State law or regulation or judicial order or
14 decree; or
15 (3) is not protected by a privilege.
16 "Record." Information, regardless of physical form or
17 characteristics, that documents a transaction or activity of an
18 agency and that is created, received or retained pursuant to law
19 or in connection with a legal transaction, business or activity
20 of the agency. The term includes a document, paper, letter, map,
21 book, tape, photograph, film or sound recording, information
22 stored or maintained electronically and a data-processed or
23 image-processed document. The term includes a financial record,
24 a legislative record and a public record.
25 "Records office." The Pennsylvania Public Records Office
26 established under section 1310.
27 "Requester." A person that is a resident of the United
28 States or a legal entity and requests a record pursuant to this
29 act. The term includes a political subdivision.
30 "Response." Access to a record or an agency's written notice
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1 to a requester granting, denying or partially granting and
2 partially denying access to a record.
3 "Social services." Cash assistance and other welfare
4 benefits, medical, mental and other health care services, drug
5 and alcohol treatment, adoption services, vocational and
6 occupational training, education services, counseling services,
7 workers' compensation services and unemployment compensation
8 services, foster care services and services for victims of
9 crimes.
10 "State-affiliated entity." A Commonwealth authority or
11 Commonwealth entity. The term includes the Pennsylvania Gaming
12 Control Board, the Pennsylvania Game Commission, the
13 Pennsylvania Fish and Boat Commission, the Pennsylvania Higher
14 Education Assistance Agency and all nonprofit corporations
15 established thereby, the Pennsylvania Housing Finance Agency,
16 the Pennsylvania Municipal Retirement Board, the State System of
17 Higher Education, a community college, the Pennsylvania Turnpike
18 Commission, the Pennsylvania Public Utility Commission, the
19 Pennsylvania Infrastructure Investment Authority, the State
20 Public School Building Authority, the Pennsylvania
21 Interscholastic Athletic Association and the Pennsylvania
22 Educational Facilities Authority. The term does not include a
23 State-related institution.
24 "Terrorist act." A violent or life-threatening act that
25 violates the criminal laws of the United States or any state and
26 appears to be intended to:
27 (1) intimidate or coerce a civilian population;
28 (2) influence the policy of a government; or
29 (3) affect the conduct of a government by mass
30 destruction, assassination or kidnapping.
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1 "Trade secret." Information, including a formula, drawing,
2 pattern, compilation, including a customer list, program,
3 device, method, technique or process that:
4 (1) derives independent economic value, actual or
5 potential, from not being generally known to and not being
6 readily ascertainable by proper means by other persons who
7 can obtain economic value from its disclosure or use; and
8 (2) is the subject of efforts that are reasonable under
9 the circumstances to maintain its secrecy.
10 The term includes data processing software obtained by an agency
11 under a licensing agreement prohibiting disclosure.
12 CHAPTER 3
13 REQUIREMENTS AND PROHIBITIONS
14 Section 301. Commonwealth agencies.
15 (a) Requirement.--A Commonwealth agency shall provide public
16 records in accordance with this act.
17 (b) Prohibition.--A Commonwealth agency may not deny a
18 requester access to a public record due to the intended use of
19 the public record by the requester unless otherwise provided by
20 law.
21 Section 302. Local agencies.
22 (a) Requirement.--A local agency shall provide public
23 records in accordance with this act.
24 (b) Prohibition.--A local agency may not deny a requester
25 access to a public record due to the intended use of the public
26 record by the requester unless otherwise provided by law.
27 Section 303. Legislative agencies.
28 (a) Requirement.--A legislative agency shall provide
29 legislative records in accordance with this act.
30 (b) Prohibition.--A legislative agency may not deny a
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1 requester access to a legislative record due to the intended use
2 of the legislative record by the requester.
3 Section 304. Judicial agencies.
4 (a) Requirement.--A judicial agency shall provide financial
5 records in accordance with this act or any rule or order of
6 court providing equal or greater access to the records.
7 (b) Prohibition.--A judicial agency may not deny a requester
8 access to a financial record due to the intended use of the
9 financial record by the requester.
10 Section 305. Presumption.
11 (a) General rule.--A record in the possession of a
12 Commonwealth agency or local agency shall be presumed to be a
13 public record unless:
14 (1) the record is exempt under section 708;
15 (2) the record is protected by a privilege; or
16 (3) the record is exempt from disclosure under any other
17 Federal or State law or regulation or judicial order or
18 decree.
19 (b) Legislative records and financial records.--A
20 legislative record in the possession of a legislative agency and
21 a financial record in the possession of a judicial agency shall
22 be presumed to be available to the public unless:
23 (1) the record is exempt under 708(c) or (d);
24 (2) the record is protected by a privilege; or
25 (3) the record is exempt from disclosure under any other
26 Federal or State law or regulation or judicial order or
27 decree.
28 Section 306. Nature of document.
29 Nothing in this act shall supersede or modify the public or
30 confidential nature of a record or document established in
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1 Federal or State law, regulation or judicial order or decree.
2 CHAPTER 5
3 ACCESS
4 Section 501. Scope of chapter.
5 This chapter applies to all agencies.
6 Section 502. Open-records officer.
7 (a) Establishment.--
8 (1) An agency shall designate an official or employee to
9 act as the open-records officer.
10 (2) For a legislative agency other than the Senate or
11 the House of Representatives, or a political party caucus of
12 the Senate or the House of Representatives the open-records
13 officer designated by the Legislative Reference Bureau shall
14 serve as the open-records officer.
15 (b) Functions.--
16 (1) The open-records officer shall receive requests
17 submitted to the agency under this act, direct requests to
18 other appropriate persons within the agency or to appropriate
19 persons in another agency, track the agency's progress in
20 responding to requests and issue interim and final responses
21 under this act.
22 (2) Upon receiving a request for a public record,
23 legislative record or financial record, the open-records
24 officer shall do all of the following:
25 (i) Note the date of receipt on the written request.
26 (ii) Compute the day on which the five-day period
27 under section 901 will expire and make a notation of that
28 date on the written request.
29 (iii) Maintain an electronic or paper copy of a
30 written request, including all documents submitted with
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1 the request until the request has been fulfilled. If the
2 request is denied, the written request shall be
3 maintained for 30 days or, if an appeal is filed, until a
4 final determination is issued under section 1101(b) or
5 the appeal is deemed denied.
6 (iv) Create a file for the retention of the original
7 request, a copy of the response, a record of written
8 communications with the requester and a copy of other
9 communications. This subparagraph shall only apply to
10 Commonwealth agencies.
11 Section 503. (Reserved).
12 Section 504. Regulations and policies.
13 (a) Authority.--An agency may promulgate regulations, rules
14 or policies necessary for the agency to implement this act. The
15 records office may promulgate regulations relating to appeals
16 involving a Commonwealth agency, legislative agency or local
17 agency.
18 (b) Posting.--The following information shall be posted at
19 each agency and, if the agency maintains an Internet website, on
20 the agency's Internet website:
21 (1) Contact information for the open-records officer.
22 (2) Contact information for the records office or other
23 applicable appeals officer.
24 (3) A form which may be used to file a request.
25 (4) Rules, regulations, policies and procedures of the
26 agency relating to this act.
27 Section 505. Uniform form.
28 (a) Commonwealth agencies and legislative agencies.--The
29 records office shall develop a uniform form which shall be
30 accepted by all Commonwealth agencies, legislative agencies and
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1 local agencies in addition to any form used by the agency to
2 file a request under this act. The uniform form shall be
3 published in the Pennsylvania Bulletin and on the record
4 office's Internet website.
5 (b) Judicial agencies.--A judicial agency may develop a form
6 to request financial records or may use a form developed by the
7 Administrative Office of Pennsylvania Courts or the records
8 office.
9 Section 506. Requests.
10 (a) Disruptive requests.--
11 (1) An agency may deny a requester access to a record if
12 the requester has made repeated requests for that same record
13 which requests have placed an unreasonable burden on the
14 agency.
15 (2) A denial under this subsection shall not restrict
16 the ability to request a different record.
17 (b) Disaster or potential damage.--
18 (1) An agency may deny a requester access:
19 (i) when timely access is not possible due to fire,
20 flood or other disaster; or
21 (ii) to historical, ancient or rare documents,
22 records, archives and manuscripts when access may, in the
23 professional judgment of the curator or custodian of
24 records, cause physical damage or irreparable harm to the
25 record.
26 (2) To the extent possible, the contents of a record
27 under this subsection shall be made accessible to a requester
28 even when the record is physically unavailable.
29 (c) Agency discretion.--An agency may exercise its
30 discretion to make any otherwise exempt record accessible for
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1 inspection and copying under this chapter, if all of the
2 following apply:
3 (1) Disclosure of the record is not prohibited under any
4 of the following:
5 (i) Federal or State law or regulation.
6 (ii) Judicial order or decree.
7 (2) The record is not protected by a privilege.
8 (3) The agency head determines that the public interest
9 favoring access substantially outweighs any individual,
10 agency or public interest that may favor restriction of
11 access.
12 (d) Agency possession.--
13 (1) A public record that is not in the possession of an
14 agency but is in the possession of a party with whom the
15 agency has contracted to perform a governmental function on
16 behalf of the agency, and which directly relates to the
17 governmental function and is not exempt under section 305,
18 shall be considered a public record of the agency for
19 purposes of this act.
20 (2) Nothing in this act shall be construed to require
21 access to any other record of the party in possession of the
22 public record.
23 (3) A request for a public record in possession of a
24 party other than the agency shall be submitted to the open
25 records officer of the agency. Upon a determination to grant
26 the request, the open records officer shall assess the
27 duplication fee established under section 1307(b) and upon
28 collection shall remit the fee to the party in possession of
29 the record if the party duplicated the record.
30 Section 507. Retention of records.
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1 Nothing in this act shall be construed to modify, rescind or
2 supersede any record retention disposition schedule of an agency
3 established pursuant to law, regulation, policy or other
4 directive.
5 CHAPTER 7
6 PROCEDURE
7 Section 701. Access.
8 (a) General rule.--Unless otherwise provided by law, a
9 public record, legislative record or financial record shall be
10 accessible for inspection and duplication in accordance with
11 this act. A record being provided to a requester shall be
12 provided in the medium requested if it exists in that medium;
13 otherwise, it shall be provided in the medium in which it
14 exists. Public records, legislative records or financial records
15 shall be available for access during the regular business hours
16 of an agency.
17 (a.1) Gaming Control Board policies.--All information
18 related to the development of Gaming Control Board policies,
19 regulations, procedures or any other recommendations regarding
20 implementation of 4 Pa.C.S. § 1212 (relating to diversity goals
21 of board) or 1325 (relating to license or permit issuance),
22 including, but not limited to, any documents or other materials
23 prepared for the use of the board, its employees or independent
24 contractors, shall be considered a public record and subject to
25 disclosure.
26 (b) Construction.--Nothing in this act shall be construed to
27 require access to any computer either of an agency or individual
28 employee of an agency.
29 Section 702. Requests.
30 Agencies may fulfill informal verbal, written or anonymous
20070S0001B1726 - 20 -
1 verbal or written requests for access to records under this act.
2 In the event that the requester wishes to pursue the relief and
3 remedies provided for in this act, the requester must initiate
4 such relief with a written request.
5 Section 703. Written requests.
6 A written request for access to records may be submitted in
7 person, by mail, by e-mail, by facsimile or, to the extent
8 provided by agency rules, any other electronic means. A written
9 request shall be addressed to the agency head or open-records
10 officer designated pursuant to section 502. A written request
11 should identify or describe the records sought with sufficient
12 specificity to enable the agency to ascertain which records are
13 being requested and shall include the name and address to which
14 the agency should address its response. A written request need
15 not include any explanation of the requester's reason for
16 requesting or intended use of the records unless otherwise
17 provided by law.
18 Section 704. Electronic access.
19 (a) General rule.--In addition to the requirements of
20 section 701, an agency may make its records available through
21 any publicly accessible electronic means.
22 (b) Response.--
23 (1) In addition to the requirements of section 701, an
24 agency may respond to a request by notifying the requester
25 that the record is available through publicly accessible
26 electronic means or that the agency will provide access to
27 inspect the record electronically.
28 (2) If the requester is unwilling or unable to access
29 the record electronically, the requester may, within 30 days
30 following receipt of the agency notification, submit a
20070S0001B1726 - 21 -
1 written request to the agency to have the record converted to
2 paper. The agency shall provide the record in printed form
3 within five days of the receipt of the written request for
4 conversion to paper.
5 Section 705. Creation of record.
6 When responding to a request for access, an agency shall not
7 be required to create a record which does not currently exist or
8 to compile, maintain, format or organize a record in a manner in
9 which the agency does not currently compile, maintain, format or
10 organize the record.
11 Section 706. Redaction.
12 If an agency determines that a public record, legislative
13 record or financial record contains information which is subject
14 to access as well as information which is not subject to access,
15 the agency's response shall grant access to the information
16 which is subject to access and deny access to the information
17 which is not subject to access. If the information which is not
18 subject to access is an integral part of the public record,
19 legislative record or financial record and cannot be separated,
20 the agency shall redact from the record the information which is
21 not subject to access, and the response shall grant access to
22 the information which is subject to access. The agency may not
23 deny access to the record if the information which is not
24 subject to access is able to be redacted. Information which an
25 agency redacts in accordance with this subsection shall be
26 deemed a denial under Chapter 9.
27 Section 707. Production of certain records.
28 (a) General rule.--If, in response to a request, an agency
29 produces a record that is not a public record, legislative
30 record or financial record, the agency shall notify any third
20070S0001B1726 - 22 -
1 party that provided the record to the agency, the person that is
2 the subject of the record and the requester.
3 (b) Requests for trade secrets.--An agency shall notify a
4 third party of a request for a record if the third party
5 provided the record and included a written statement signed by a
6 representative of the third party that the record contains a
7 trade secret or confidential proprietary information.
8 Notification shall be provided within five business days of
9 receipt of the request for the record. The third party shall
10 have five business days from receipt of notification from the
11 agency to provide input on the release of the record. The agency
12 shall deny the request for the record or release the record
13 within ten business days of the provision of notice to the third
14 party and shall notify the third party of the decision.
15 (c) Transcripts.--
16 (1) Prior to an adjudication becoming final, binding and
17 nonappealable, a transcript of an administrative proceeding
18 shall be provided to a requester by the agency stenographer
19 or a court reporter, in accordance with agency procedure or
20 an applicable contract.
21 (2) Following an adjudication becoming final, binding
22 and nonappealable, a transcript of an administrative
23 proceeding shall be provided to a requester in accordance
24 with the duplication rates established in section 1307(b).
25 Section 708. Exceptions for public records.
26 (a) Burden of proof.--
27 (1) The burden of proving that a public record is exempt
28 from public access shall be on the agency receiving a request
29 by a preponderance of the evidence.
30 (2) The burden of proving that a legislative record is
20070S0001B1726 - 23 -
1 exempt from public access shall be on the legislative agency
2 receiving a request, by a preponderance of the evidence.
3 (3) The burden of proving that a financial record of a
4 judicial agency is exempt from public access shall be on the
5 judicial agency receiving a request, by a preponderance of
6 the evidence.
7 (b) Exceptions.--In the case of a public record, unless
8 disclosure is otherwise required or authorized by law, the
9 following are exempt from access by a requester under this act:
10 (1) A record the disclosure of which:
11 (i) would result in the loss of Federal or State
12 funds by an agency or the Commonwealth; or
13 (ii) would be reasonably likely to result in a
14 substantial and demonstrable risk of physical harm to an
15 individual.
16 (2) A record maintained by an agency in connection with
17 the military, homeland security, national defense, law
18 enforcement or other public safety activity that if disclosed
19 would be reasonably likely to jeopardize or threaten public
20 safety or preparedness or public protection activity or a
21 record that is designated classified by an appropriate
22 Federal or State military authority.
23 (3) A record, the disclosure of which creates a
24 reasonable likelihood of endangering the safety or the
25 physical security of a building, public utility, resource,
26 infrastructure, facility or information storage system, which
27 may include:
28 (i) documents or data relating to computer hardware,
29 source files, software and system networks that could
30 jeopardize computer security by exposing a vulnerability
20070S0001B1726 - 24 -
1 in preventing, protecting against, mitigating or
2 responding to a terrorist act;
3 (ii) lists of infrastructure, resources and
4 significant special events, including those defined by
5 the Federal Government in the National Infrastructure
6 Protections, which are deemed critical due to their
7 nature and which result from risk analysis; threat
8 assessments; consequences assessments; antiterrorism
9 protective measures and plans; counterterrorism measures
10 and plans; and security and response needs assessments;
11 and
12 (iii) building plans or infrastructure records that
13 expose or create vulnerability through disclosure of the
14 location, configuration or security of critical systems,
15 including public utility systems, structural elements,
16 technology, communication, electrical, fire suppression,
17 ventilation, water, wastewater, sewage and gas systems.
18 (4) A record regarding computer hardware, software and
19 networks, including administrative or technical records,
20 which, if disclosed, would be reasonably likely to jeopardize
21 computer security.
22 (5) A record of an individual's medical, psychiatric or
23 psychological history or disability status, including
24 evaluation, consultation, a prescription, diagnosis or
25 treatment; results of tests, including drug tests; enrollment
26 in a health care program or program designed for
27 participation by persons with disabilities, including
28 vocation rehabilitation, workers' compensation and
29 unemployment compensation; or related information that would
30 disclose individually identifiable health information.
20070S0001B1726 - 25 -
1 (6) (i) The following personal identification
2 information:
3 (A) A record containing all or part of a
4 person's Social Security number; date of birth;
5 driver's license number; personal financial
6 information of an individual; telephone numbers;
7 personal e-mail addresses; employee numbers; or other
8 confidential personal identification numbers.
9 (B) A spouse's name; marital status, beneficiary
10 or dependent information.
11 (ii) Nothing in this paragraph shall:
12 (A) Prevent an agency from providing access to
13 the date of birth of a deceased person for
14 genealogical purposes.
15 (B) Preclude the release of the name, position,
16 salary, actual compensation or other payments or
17 expenses, employment contract, employment-related
18 contract or agreement and length of service of a
19 public official or an agency employee.
20 (iii) An agency may redact the name or other
21 identifying information relating to an individual
22 performing an undercover or covert law enforcement
23 activity from a record.
24 (7) The following records relating to an agency
25 employee:
26 (i) A letter of reference or recommendation
27 pertaining to the character or qualifications of an
28 identifiable individual, unless it was prepared in
29 relation to the appointment of an individual to fill a
30 vacancy in an elected office or an appointed office
20070S0001B1726 - 26 -
1 requiring Senate confirmation.
2 (ii) A performance rating or review.
3 (iii) The result of a civil service or similar test
4 administered by a Commonwealth agency, legislative agency
5 or judicial agency. The result of a civil service or
6 similar test administered by a local agency shall not be
7 disclosed if restricted by a collective bargaining
8 agreement. Only test scores of individuals who obtained a
9 passing score on a test administered by a local agency
10 may be disclosed.
11 (iv) The employment application of an individual who
12 is not hired by the agency.
13 (v) Workplace support services program information.
14 (vi) Written criticisms of an employee.
15 (vii) Grievance material, including documents
16 related to discrimination or sexual harassment.
17 (viii) (A) Information regarding discipline,
18 demotion or discharge contained in a personnel file.
19 (B) This subparagraph shall not apply to the
20 final action of an agency that results in demotion or
21 discharge.
22 (8) (i) A record pertaining to strategy or negotiations
23 relating to labor relations or collective bargaining or
24 arbitration proceedings.
25 (ii) An arbitration opinion and award, any exhibits
26 entered into evidence at an arbitration proceeding and
27 any transcript of an arbitration proceeding.
28 (iii) This paragraph does not apply to any final or
29 executed contract or agreement between the parties or to
30 any final order in an arbitration proceeding.
20070S0001B1726 - 27 -
1 (9) The draft of a bill, resolution, regulation,
2 statement of policy, management directive, ordinance or
3 amendment thereto prepared by or for an agency.
4 (10) (i) A record that reflects:
5 (A) The internal, predecisional deliberations of
6 an agency, its members, employees or officials or
7 predecisional deliberations between agency members,
8 employees or officials and members, employees or
9 officials of another agency, including predecisional
10 deliberations relating to a budget recommendation,
11 legislative proposal, legislative amendment,
12 contemplated or proposed policy or course of action
13 or any research, memos or other documents used in the
14 predecisional deliberations.
15 (B) The strategy to be used to develop or
16 achieve the successful adoption of a budget,
17 legislative proposal or regulation.
18 (ii) This paragraph applies to:
19 (A) The Governor's Office, the head of a
20 Commonwealth agency and the staff of the Governor or
21 agency.
22 (B) The chief executive officer or governing
23 body of a local agency, or a member or staff of the
24 local agency prior to the presentation of the
25 decision, policy, proposal or course of action to a
26 quorum of the governing body at a meeting subject to
27 65 Pa.C.S. Ch. 7 (relating to open meetings).
28 (iii) This paragraph does not apply to a written
29 application or other document used to request
30 Commonwealth funds.
20070S0001B1726 - 28 -
1 (11) A record that constitutes or reveals a trade secret
2 or confidential proprietary information.
3 (12) Notes and working papers prepared by or for a
4 public official or agency employee used solely for that
5 official's or employee's own personal use, including
6 telephone message slips, routing slips and other materials
7 that do not have an official purpose.
8 (13) Records that would disclose the identity of an
9 individual who lawfully makes a donation to an agency unless
10 the donation is intended for or restricted to providing
11 remuneration or personal tangible benefit to a named public
12 official or employee of the agency, including lists of
13 potential donors compiled by an agency to pursue donations,
14 donor profile information or personal identifying information
15 relating to a donor.
16 (14) Unpublished lecture notes, unpublished manuscripts,
17 unpublished articles, creative works in progress, research-
18 related material and scholarly correspondence of a community
19 college or an institution of the State System of Higher
20 Education or a faculty member, staff employee, guest speaker
21 or student thereof.
22 (15) Examination questions, scoring keys or answers to
23 an examination.
24 (16) A record of an agency relating to or resulting in a
25 criminal investigation, including:
26 (i) Complaints of potential criminal conduct other
27 than a private criminal complaint.
28 (ii) Investigative materials, notes, correspondence,
29 videos and reports.
30 (iii) A record that includes the identity of a
20070S0001B1726 - 29 -
1 confidential source or the identity of a suspect who has
2 not been charged with an offense to whom confidentiality
3 has been promised.
4 (iv) A record that includes information made
5 confidential by law or court order.
6 (v) Victim information, including any information
7 that would jeopardize the safety of the victim.
8 (vi) A record that, if disclosed, would do any of
9 the following:
10 (A) Reveal the institution, progress or result
11 of a criminal investigation, except the filing of
12 criminal charges.
13 (B) Deprive a person of the right to a fair
14 trial or an impartial adjudication.
15 (C) Impair the ability to locate a defendant or
16 codefendant.
17 (D) Hinder an agency's ability to secure an
18 arrest, prosecution or conviction.
19 (E) Endanger the life or physical safety of an
20 individual.
21 This paragraph shall not apply to information contained in a
22 police blotter as defined in 18 Pa.C.S. § 9102 (relating to
23 definitions) or in a traffic report.
24 (17) A record of an agency relating to a noncriminal
25 investigation, including:
26 (i) Complaints submitted to an agency.
27 (ii) Investigative materials, notes, correspondence
28 and reports.
29 (iii) A record that includes the identity of a
30 confidential source, including individuals subject to the
20070S0001B1726 - 30 -
1 act of December 12, 1986 (P.L.1559, No.169), known as the
2 Whistleblower Law.
3 (iv) A record that includes information made
4 confidential by law.
5 (v) Work papers underlying an audit.
6 (vi) A record that, if disclosed, would do any of
7 the following:
8 (A) Reveal the institution, progress or result
9 of an agency investigation, except the imposition of
10 a fine or civil penalty or the suspension,
11 modification or revocation of a license, permit,
12 registration, certification or similar authorization
13 issued by an agency.
14 (B) Deprive a person of the right to an
15 impartial adjudication.
16 (C) Constitute an unwarranted invasion of
17 privacy.
18 (D) Hinder an agency's ability to secure an
19 administrative or civil sanction.
20 (E) Endanger the life or physical safety of an
21 individual.
22 (18) Records or parts of records pertaining to audio
23 recordings, telephone or radio transmissions received by
24 emergency dispatch personnel, including 911 recordings.
25 However, a transcript of a recording may be released when the
26 agency or a court determines that the public interest in
27 disclosure outweighs the interest in nondisclosure.
28 (19) DNA records.
29 (20) An autopsy record of a coroner or medical examiner
30 and any audiotape of a postmortem examination or autopsy, or
20070S0001B1726 - 31 -
1 a copy, reproduction or facsimile of an autopsy report, a
2 photograph, negative or print, including a photograph or
3 videotape of the body or any portion of the body of a
4 deceased person at the scene of death or in the course of a
5 postmortem examination or autopsy taken or made by or caused
6 to be taken or made by the coroner or medical examiner. This
7 exception shall not limit the reporting of the name of the
8 deceased individual and the cause and manner of death to all
9 persons interested therein in accordance with section 1251 of
10 the act of August 9, 1955 (P.L.323, No.130), known as The
11 County Code.
12 (21) Draft minutes of any meeting of an agency and
13 minutes of an executive session and any record of discussions
14 held in executive session.
15 (22) (i) The contents of real estate appraisals,
16 engineering or feasibility estimates, environmental
17 reviews, audits or evaluations made for or by an agency
18 relative to the following:
19 (A) The leasing, acquiring or disposing of real
20 property.
21 (B) The purchase of public supplies or equipment
22 included in the real estate transaction.
23 (C) Construction projects.
24 (ii) This paragraph does not apply once the decision
25 is made to proceed with the lease, acquisition or
26 disposal of real property or the purchase of public
27 supply or construction project.
28 (23) Library and archive circulation and order records
29 of an identifiable individual or groups of individuals.
30 (24) Library archived and museum materials, or valuable
20070S0001B1726 - 32 -
1 or rare book collections or documents contributed by gift,
2 grant, bequest or devise, to the extent of any limitations
3 imposed by the donor as a condition of the contribution.
4 (25) A record identifying the location of an
5 archeological site or an endangered or threatened plant or
6 animal species if not already known to the general public.
7 (26) A proposal pertaining to agency procurement or
8 disposal of supplies, services or construction prior to the
9 award of the contract or prior to the opening and rejection
10 of all bids; financial information of a bidder or offeror
11 requested in an invitation for bid or request for proposals
12 to demonstrate the bidder's or offeror's economic capability;
13 or the identity of members, notes and other records of agency
14 proposal evaluation committees established under 62 Pa.C.S. §
15 513 (relating to competitive sealed proposals).
16 (27) A record or information relating to a communication
17 between an agency and its insurance carrier, administrative
18 service organization or risk management office. This
19 paragraph does not apply to a contract with an insurance
20 carrier, administrative service organization or risk
21 management office or to financial records relating to the
22 provision of insurance.
23 (28) A record or information:
24 (i) identifying an individual who applies for or
25 receives social services;
26 (ii) relating to the following:
27 (A) the type of social services received by an
28 individual;
29 (B) an individual's application to receive
30 social services, including a record or information
20070S0001B1726 - 33 -
1 related to an agency decision to grant, deny, reduce
2 or restrict benefits, including a quasi-judicial
3 decision of the agency and the identity of a
4 caregiver or others who provide services to the
5 individual; or
6 (C) eligibility to receive social benefits,
7 including the individual's income, assets, physical
8 or mental health, age, disability, family
9 circumstances or record of abuse; or
10 (iii) identifying a person that requests assistance
11 or constituent services from a member of the General
12 Assembly.
13 (c) Financial records.--With respect to financial records,
14 the exceptions set forth in subsection (b)(1), (2), (3), (4) or
15 (5) shall apply. Information described in paragraph (4) of the
16 definition of "financial record" relating to individuals and
17 protected under subsection (b)(28) shall also be exempt from
18 access by a requester under this act. An agency shall redact
19 that portion of a financial record which would disclose
20 information protected under subsection (b)(6) or disclose the
21 identity of a crime victim, confidential source or an individual
22 performing an undercover or covert law enforcement activity
23 protected under subsection (b)(16) or (17).
24 (d) Aggregated data.--The exceptions set forth in subsection
25 (b)(1), (2), (3), (4) or (5) shall apply to aggregated data,
26 maintained or received by an agency.
27 Section 709. Internet access.
28 The Department of Community and Economic Development shall
29 post on its Internet website a list of community revitalization
30 grants by legislative and senatorial districts.
20070S0001B1726 - 34 -
1 CHAPTER 9
2 AGENCY RESPONSE
3 Section 901. General rule.
4 Upon receipt of a written request for access to a record, an
5 agency shall make a good faith effort to determine if the record
6 requested is a public record, legislative record or financial
7 record and whether the agency has possession, custody or control
8 of the identified record, and to respond as promptly as possible
9 under the circumstances existing at the time of the request. The
10 response shall include a notice of applicable fees. The time for
11 response shall not exceed five business days from the date the
12 written request is received by the agency head or open-records
13 officer for an agency. If the agency fails to send the response
14 within five business days of receipt of the written request for
15 access, the written request for access shall be deemed denied.
16 Section 902. Extension of time.
17 (a) Determination.--Upon receipt of a written request for
18 access, the open-records officer for an agency shall determine
19 if one of the following applies:
20 (1) the request for access requires redaction of a
21 record in accordance with section 706;
22 (2) the request for access requires the retrieval of a
23 record stored in a remote location;
24 (3) a timely response to the request for access cannot
25 be accomplished due to bona fide and specified staffing
26 limitations;
27 (4) a legal review is necessary to determine whether the
28 record is a record subject to access under this act;
29 (5) the requester has not complied with the Commonwealth
30 agency's policies regarding access to records;
20070S0001B1726 - 35 -
1 (6) the requester refuses to pay applicable fees
2 authorized by this act; or
3 (7) the extent or nature of the request precludes a
4 response within the required time period.
5 (b) Notice.--
6 (1) Upon a determination that one of the factors listed
7 in subsection (a) applies, the open-records officer shall
8 send written notice to the requester within five business
9 days of receipt of the request for access under subsection
10 (a).
11 (2) The notice shall include a statement notifying the
12 requester that the request for access is being reviewed, the
13 reason for the review and a reasonable date that a response
14 is expected to be provided. If the date that a response is
15 expected to be provided is in excess of 30 days, following
16 the five business days allowed for in section 901, the
17 request for access shall be deemed denied unless the
18 requester has agreed in writing for an extension to the date
19 specified in the notice.
20 (3) If the requester agrees to the extension, the
21 request shall be deemed denied on the day following the date
22 specified in the notice if the agency has not provided a
23 response by that date.
24 Section 903. Denial.
25 If an agency's response is a denial of a written request for
26 access, whether in whole or in part, a written response shall be
27 issued and include:
28 (1) A description of the record requested.
29 (2) The specific reasons for the denial, including a
30 citation of supporting legal authority.
20070S0001B1726 - 36 -
1 (3) The typed or printed name, title, business address,
2 business telephone number and signature of the agency head or
3 open-records officer on whose authority the denial is issued.
4 (4) Date of the response.
5 (5) The procedure to appeal the denial of access under
6 this act.
7 Section 904. Certified copies.
8 If an agency's response grants a request for access, the
9 agency shall, upon request, provide the requester with a
10 certified copy of the record if the requester pays the
11 applicable fees pursuant to section 1307.
12 Section 905. Administrative denial.
13 The following shall apply:
14 (1) An agency may deny access to a public record,
15 legislative record or financial record due to the failure of
16 the requester to pay the applicable fee.
17 (2) An agency may deny access to a public record,
18 legislative record or financial record due to the failure of
19 the requester to pay any fee associated with a previous
20 request made by the requester to the same agency.
21 Section 906. Record discard.
22 If an agency response to a requester provides that the
23 requested records are available for delivery at the office of an
24 agency and the requester fails to retrieve the records within 60
25 days of the agency's response, the agency shall send a written
26 notice to the requester specifying that the requested copies
27 will be held for an additional 30 days, within which time the
28 requester may return to the agency to retrieve the records.
29 Thereafter, the agency may dispose of any copies which have not
30 been retrieved and retain any fees paid to date.
20070S0001B1726 - 37 -
1 CHAPTER 11
2 APPEAL OF AGENCY DETERMINATION
3 Section 1101. Filing of appeal.
4 (a) Authorization.--
5 (1) If a written request for access is denied or deemed
6 denied, the requester may file an appeal with the records
7 office within 15 business days of the mailing date of the
8 agency's response or within 15 business days of a deemed
9 denial. The appeal shall state the grounds upon which the
10 requester asserts that the record is a public record,
11 legislative record or financial record and shall address any
12 grounds stated by the agency for delaying or denying the
13 request.
14 (2) In the case of an appeal of a decision by an agency,
15 the records office shall review the denial.
16 (b) Determination.--
17 (1) Unless the requester agrees otherwise, the records
18 office shall make a final determination which shall be mailed
19 to the requester and the agency within 30 days of receipt of
20 the appeal filed under subsection (a).
21 (2) If the records office fails to issue a final
22 determination within 30 days, the appeal is deemed denied.
23 (3) Prior to issuing a final determination, a hearing
24 may be conducted. The determination by the records office
25 shall be a final order. The records office shall provide a
26 written explanation of the reason for the decision to the
27 requester and the agency.
28 (c) Direct interest.--
29 (1) A person other than the agency or requester with a
30 direct interest in the record subject to an appeal under this
20070S0001B1726 - 38 -
1 section may, within 15 calendar days following receipt of
2 actual knowledge of the appeal but no later than the date the
3 records office issues an order, file a written request to
4 provide information or appear before the records office or to
5 file information in support of the requester's or agency's
6 position.
7 (2) The records office may grant the request if:
8 (i) no hearing has been held;
9 (ii) the office has not yet issued its order; and
10 (iii) the records office believes the information
11 will be probative.
12 (3) Copies of the written request shall be sent to the
13 agency and the requester.
14 CHAPTER 13
15 JUDICIAL REVIEW
16 Section 1301. Commonwealth agencies, legislative agencies and
17 judicial agencies.
18 (a) General rule.--Within 30 days of the mailing date of the
19 final determination of the records office relating to a decision
20 of a Commonwealth agency, a legislative agency or a judicial
21 agency issued under section 1101(b) or the date a request for
22 access is deemed denied, a requester or the agency may file a
23 petition for review or other document as might be required by
24 rule of court with the Commonwealth Court. The decision of the
25 court shall contain findings of fact and conclusions of law
26 based upon the evidence as a whole. The decision shall clearly
27 and concisely explain the rationale for the decision.
28 (b) Stay.--An appeal under this section shall stay the
29 release of documents until a decision under subsection (a) is
30 issued.
20070S0001B1726 - 39 -
1 Section 1302. Local agencies.
2 (a) General rule.--Within 30 days of the mailing date of the
3 final determination of the records office relating to a decision
4 of a local agency issued under section 1101(b) or of the date a
5 request for access is deemed denied, a requester or local agency
6 may file a petition for review or other document as required by
7 rule of court with the court of common pleas for the county
8 where the local agency is located. The decision of the court
9 shall contain findings of fact and conclusions of law based upon
10 the evidence as a whole. The decision shall clearly and
11 concisely explain the rationale for the decision.
12 (b) Stay.--An appeal under this section shall stay the
13 release of documents until a decision under subsection (a) is
14 issued.
15 Section 1303. Notice and records.
16 (a) Notice.--An agency, the requester and the appeals
17 officer shall be served notice of actions commenced in
18 accordance with section 1301 or 1302 and shall have an
19 opportunity to respond in accordance with applicable court
20 rules.
21 (b) Record on appeal.--The record before a court shall
22 consist of the request, the agency's response, the appeal filed
23 under section 1101, the hearing transcript, if any, and the
24 final written determination of the records office.
25 Section 1304. Court costs and attorney fees.
26 (a) Reversal of agency determination.--If a court reverses
27 the final determination of the records office or grants access
28 after a request for access was deemed denied, the court may
29 award reasonable attorney fees and costs of litigation or an
30 appropriate portion thereof to a requester if the court finds
20070S0001B1726 - 40 -
1 either of the following:
2 (1) the agency receiving the original request willfully
3 or with wanton disregard deprived the requester of access to
4 a public record subject to access or otherwise acted in bad
5 faith under the provisions of this act; or
6 (2) the exemptions, exclusions or defenses asserted by
7 the agency in its final determination were not based on a
8 reasonable interpretation of law.
9 (b) Sanctions for frivolous requests or appeals.--The court
10 may award reasonable attorney fees and costs of litigation or an
11 appropriate portion thereof to an agency or the requester if the
12 court finds that the legal challenge under this chapter was
13 frivolous.
14 (c) Other sanctions.--Nothing in this act shall prohibit a
15 court from imposing penalties and costs in accordance with
16 applicable rules of court.
17 Section 1305. Civil penalty.
18 (a) Denial of access.--A court may impose a civil penalty of
19 not more than $1,000 if an agency denied access to a public
20 record in bad faith.
21 (b) Failure to comply with court order.--An agency or public
22 official who does not promptly comply with a court order under
23 this act is subject to a civil penalty of not more than $500 per
24 day until the public records are provided.
25 Section 1306. Immunity.
26 (a) General rule.--Except as provided in sections 1304 and
27 1305 and other statutes governing the release of records, no
28 agency, public official or public employee shall be liable for
29 civil penalties resulting from compliance or failure to comply
30 with this act.
20070S0001B1726 - 41 -
1 (b) Schedules.--No agency, public official or public
2 employee shall be liable for civil or criminal damages or
3 penalties under this act for complying with any written public
4 record retention and disposition schedule.
5 Section 1307. Fee limitations.
6 (a) Postage.--Fees for postage may not exceed the actual
7 cost of mailing.
8 (b) Duplication.--
9 (1) Fees for duplication by photocopying, printing from
10 electronic media or microfilm, copying onto electronic media,
11 transmission by facsimile or other electronic means and other
12 means of duplication shall be established by the records
13 office.
14 (2) (i) The fees must be reasonable and based on
15 prevailing fees for comparable duplication services
16 provided by local business entities.
17 (ii) Fees for copying data, collections of data and
18 compiled data, including, but not limited to, geographic
19 information systems and property lists, may be based on
20 consideration of the reasonable market value of same or
21 closely comparable data, collections of data or compiled
22 data.
23 (3) Fees for local agencies may reflect regional price
24 differences and shall be subject to review by the
25 clearinghouse as provided in section 1310(a)(8).
26 (c) Certification.--An agency may impose reasonable fees for
27 official certification of copies if the certification is at the
28 behest of the requester and for the purpose of legally verifying
29 the public record.
30 (d) Conversion to paper.--If a record is only maintained
20070S0001B1726 - 42 -
1 electronically or in other nonpaper media, duplication fees
2 shall be limited to the lesser of the fee for duplication on
3 paper or the fee for duplication in the original media as
4 provided by subsection (b) unless the requester specifically
5 requests for the record to be duplicated in the more expensive
6 medium.
7 (e) Enhanced electronic access.--If an agency offers
8 enhanced electronic access to records in addition to making the
9 records accessible for inspection and duplication by a requester
10 as required by this act, the agency may establish user fees
11 specifically for the provision of the enhanced electronic
12 access, but only to the extent that the enhanced electronic
13 access is in addition to making the records accessible for
14 inspection and duplication by a requester as required by this
15 act. The user fees for enhanced electronic access may be a flat
16 rate, a subscription fee for a period of time, a per-transaction
17 fee, a fee based on the cumulative time of system access or any
18 other reasonable method and any combination thereof. The user
19 fees for enhanced electronic access must be reasonable, must be
20 approved by the clearinghouse and may not be established with
21 the intent or effect of excluding persons from access to records
22 or duplicates thereof or of creating profit for the agency.
23 (f) Waiver of fees.--An agency may waive the fees for
24 duplication of a record, including, but not limited to, when:
25 (1) the requester duplicates the record; or
26 (2) the agency deems it is in the public interest to do
27 so.
28 (g) Limitations.--Except as otherwise provided by statute,
29 no other fees may be imposed unless the agency necessarily
30 incurs costs for complying with the request, including costs
20070S0001B1726 - 43 -
1 associated with legal reviews of records or record requests
2 requiring the contracting or procuring of legal counsel outside
3 the agency. Such fees must be reasonable. An agency shall not
4 charge a requester any fee for any of the following costs:
5 (1) Costs related to reviewing a record to determine if
6 it is a public record.
7 (2) Costs related to redacting exempt information from a
8 record.
9 (3) Personnel costs for copying a record.
10 (4) Personnel costs for preparing a record for delivery.
11 (5) Personnel costs for observing a requester who is
12 reviewing or copying a record.
13 (6) For use of agency computers, viewers or other
14 equipment necessary for gaining access to examining a record.
15 (7) Costs for agency personnel to instruct a requester
16 on the use of agency equipment used to view a record.
17 (8) Any other processing costs not specifically
18 permitted under this section.
19 (h) Prepayment.--Prior to granting a request for access in
20 accordance with this act, an agency may require a requester to
21 prepay an estimate of the fees authorized under this section if
22 the fees required to fulfill the request are expected to exceed
23 $100. The agency may require a certified check, money order or
24 other form of verified payment of funds when requiring open
25 records request fees to be prepaid.
26 Section 1308. Prohibition.
27 A policy, rule or regulation adopted under this act may not
28 include any of the following:
29 (1) A limitation on the number of records which may be
30 requested or made available for inspection or duplication.
20070S0001B1726 - 44 -
1 (2) A requirement to disclose the purpose or motive in
2 requesting access to records.
3 Section 1309. Practice and procedure.
4 The provisions of 2 Pa.C.S. (relating to administrative law
5 and procedure) shall not apply to this act unless specifically
6 adopted by rule or regulation.
7 Section 1310. Pennsylvania Public Records Office.
8 (a) Establishment.--The Pennsylvania Public Records Office
9 is established within the State Ethics Commission, which shall
10 appoint an executive director of the public records office who
11 shall hire other staff as necessary to operate the office.
12 (b) Powers and duties.--The director of the public records
13 office has the following powers and duties:
14 (1) To receive and respond to requests for information
15 from persons who have been denied access to public records by
16 a Commonwealth agency, a local agency, the General Assembly
17 or a legislative agency under this act.
18 (2) To receive and respond to requests for information
19 from a Commonwealth agency, a local agency, the General
20 Assembly or a legislative agency regarding compliance with
21 this act.
22 (3) To order a Commonwealth agency, a local agency, the
23 General Assembly or a legislative agency to comply with
24 provisions of this act upon finding that a request for access
25 to a public record was properly made.
26 (4) To issue advisory opinions on compliance with this
27 act.
28 (5) To request information from Commonwealth agencies,
29 local agencies, the General Assembly and legislative agencies
30 in order to make compliance determinations under this act.
20070S0001B1726 - 45 -
1 All information supplied by a Commonwealth agency, a local
2 agency, the General Assembly or a legislative agency which is
3 relevant to a request shall be subject to confidentiality
4 under subsection (c).
5 (6) To guide and oversee the compliance with this act by
6 all Commonwealth agencies, local agencies, the General
7 Assembly and legislative agencies.
8 (7) To provide a list to any requesting agency or
9 individual of Federal and State laws that exempt certain
10 types of records from disclosure.
11 (8) To make its advisory opinions and written decisions
12 available for review.
13 (9) To conduct training for public officials, public
14 employees and third parties relating to the Commonwealth's
15 access laws with assistance from the Department of Community
16 and Economic Development's Center for Local Government.
17 (10) To issue a report semi-annually to the General
18 Assembly and to the Governor, which report shall include, but
19 not be limited to:
20 (i) The number of requests to review denials from
21 persons making public record requests.
22 (ii) The number of public record requests which were
23 determined, upon review of the access office, to have
24 been improperly denied.
25 (iii) The number of requests made by agencies
26 seeking clarification on compliance with this act.
27 (iv) The number of orders issued by the public
28 records office directing an agency to comply with this
29 act.
30 (v) The number of advisory opinions issued by the
20070S0001B1726 - 46 -
1 public records office.
2 (vi) The number of requests for the list of Federal
3 and State exemptions to public access of records.
4 (vii) The number of training sessions conducted for
5 public officials, public employees and third parties
6 relating to public access of records, including the
7 number of persons attending such training sessions.
8 (11) To make available in electronic form to persons
9 making requests for public records, examples of previous
10 requests for public records by other persons and the
11 documents to which the other persons were given access. In
12 performing this duty, the office may not reveal any
13 information relating to the identity of the persons who made
14 the previous requests.
15 (12) To promulgate any regulations necessary to
16 administer this act.
17 (13) Set a schedule for the requester and agency to
18 submit documents in support of their positions.
19 (14) To review all information filed relating to a
20 request. The public records office may hold a hearing, but
21 the decision to hold or not to hold a hearing is not
22 appealable. The public records office may admit into evidence
23 testimony, evidence and documents it believes to be
24 reasonably probative and relevant to an issue in dispute. The
25 public records office may limit the nature and extent of
26 evidence to be cumulative.
27 (c) Confidentiality.--All information requested by the
28 public records office from an agency in order to make a
29 determination of whether an agency is complying with this act
30 shall remain confidential and shall not be subject to public
20070S0001B1726 - 47 -
1 access.
2 (d) Fees.--The following shall apply:
3 (1) The public records office may impose a reasonable
4 filing fee for an appeal made under section 1101, and any
5 fees collected under this subsection shall be deposited in a
6 restricted account in the General Fund which is established
7 for the public records office. The money from this account
8 shall be appropriated as necessary for the operation of the
9 public records office.
10 (2) The public records office may waive the filing fee
11 if the person requesting access to the public record is
12 unable to afford the fee based on guidelines established by
13 the public records office.
14 Section 1311. Administrative appeals.
15 (a) General rule.--Notwithstanding any other provision of
16 law, a party aggrieved by a denial or deemed denial of access to
17 a public record by a Commonwealth agency, local agency, the
18 General Assembly or a legislative agency may, within 30 days
19 after a request is denied or deemed denied, appeal to the public
20 records office by forwarding to the office a copy of the request
21 and the written explanation for the denial, if any, provided by
22 the Commonwealth agency, local agency, the General Assembly or
23 legislative agency, and requesting a review of the matter.
24 (b) Ruling.--
25 (1) Within 30 business days after receipt of the appeal,
26 the public records office shall rule either that the denial
27 or deemed denial of access to the record by the Commonwealth
28 agency, local agency, the General Assembly or legislative
29 agency is upheld or that the decision to deny access to the
30 record was improper, and a Commonwealth agency, the local
20070S0001B1726 - 48 -
1 agency, the General Assembly or legislative agency must
2 provide access to the record. The public records office may
3 hold a private hearing on the matter and may review the
4 record.
5 (2) The 30-business-day period may be extended by
6 agreement of the parties. If the parties do not agree to an
7 extension or the public records office does not issue a
8 ruling within 30 business days after the date of the appeal,
9 the denial from the Commonwealth agency, local agency, the
10 General Assembly or legislative agency shall be deemed
11 affirmed.
12 (c) Explanation.--If the public records office upholds the
13 decision of the Commonwealth agency, local agency, the General
14 Assembly or legislative agency to deny access to the public
15 record, the office shall fully explain in writing to the person
16 requesting the public record the reason for the denial. If the
17 public records office rules that the Commonwealth agency, local
18 agency, the General Assembly or legislative agency shall provide
19 access to the public record, it shall order the Commonwealth
20 agency, local agency, the General Assembly or legislative agency
21 to provide the individual with access to the record and shall
22 fully explain in writing the reason access must be provided.
23 (d) Other appeals.--Costs or attorney fees shall not be
24 awarded under this section for administrative appeal to the
25 public records office under this section.
26 CHAPTER 15
27 STATE-RELATED INSTITUTIONS
28 Section 1501. Definition.
29 As used in this chapter, "State-related institution" means
30 any of the following:
20070S0001B1726 - 49 -
1 (1) Temple University.
2 (2) The University of Pittsburgh.
3 (3) The Pennsylvania State University.
4 (4) Lincoln University.
5 Section 1502. Reporting.
6 No later than May 30 of each year, a State-related
7 institution shall file with the Governor's Office, the General
8 Assembly, the Auditor General and the State Library the
9 information set forth in section 1503.
10 Section 1503. Contents of report.
11 The report required under section 1502 shall include the
12 following:
13 (1) Except as provided in paragraph (4), all information
14 required by Form 990 or an equivalent form, of the United
15 States Department of the Treasury, Internal Revenue Service,
16 entitled the Return of Organization Exempt From Income Tax,
17 regardless of whether the State-related institution is
18 required to file the form by the Federal Government.
19 (2) The salaries of all officers and directors of the
20 State-related institution.
21 (3) The highest 25 salaries paid to employees of the
22 institution that are not included under paragraph (2).
23 (4) The report shall not include information relating to
24 individual donors.
25 Section 1504. Copies and posting.
26 A State-related institution shall maintain, for at least
27 seven years, a copy of the report in the institution's library
28 and shall provide free access to the report on the institution's
29 Internet website.
30 CHAPTER 17
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1 STATE CONTRACT INFORMATION
2 Section 1701. Submission and retention of contracts.
3 (a) General rule.--Whenever any Commonwealth agency,
4 legislative agency or judicial agency shall enter into any
5 contract involving any property, real, personal or mixed of any
6 kind or description or any contract for personal services where
7 the consideration involved in the contract is $5,000 or more, a
8 copy of the contract shall be furnished to the Treasury
9 Department within ten days after the contract is executed on
10 behalf of the Commonwealth agency, legislative agency or
11 judicial agency or otherwise becomes an obligation of the
12 Commonwealth agency, legislative agency or judicial agency. The
13 provisions of this subsection shall not apply to contracts for
14 services protected by a privilege. The following shall apply:
15 (1) Each Commonwealth agency, legislative agency and
16 judicial agency shall submit contracts in a form and
17 structure mutually agreed upon by the Commonwealth agency,
18 legislative agency or judicial agency and the State
19 Treasurer.
20 (2) The Treasury Department may require each
21 Commonwealth agency, legislative agency or judicial agency to
22 provide a summary with each contract, which shall include the
23 following:
24 (i) Date of execution.
25 (ii) Amount of the contract.
26 (iii) Beginning date of the contract.
27 (iv) End date of the contract, if applicable.
28 (v) Name of the agency entering into the contract.
29 (vi) The name and business address of all parties
30 executing the contract.
20070S0001B1726 - 51 -
1 (vii) Subject matter of the contract.
2 Each agency shall create and maintain the data under this
3 paragraph in an ASCII-delimited text file, spreadsheet file
4 or other file provided by Treasury Department regulation.
5 (b) Retention.--Every contract filed pursuant to subsection
6 (a) shall remain on file with the Treasury Department for a
7 period of not less than four years after the end date of the
8 contract.
9 (c) Accuracy.--Each Commonwealth agency, legislative agency
10 and judicial agency is responsible for verifying the accuracy
11 and completeness of the information that it submits to the State
12 Treasurer. The contract provided to the Treasury Department
13 pursuant to this chapter shall be redacted in accordance with
14 applicable provisions of this act by the agency providing the
15 contract to the Treasury Department.
16 (d) Contracts provided pursuant to The Fiscal Code.--The
17 copy of a contract provided to the Treasury Department pursuant
18 to section 1701 shall be in addition to any copy of the contract
19 provided to the Treasury Department under the act of April 9,
20 1929 (P.L.343, No.176), known as The Fiscal Code. Copies of
21 contracts received by the Treasury Department, Office of Auditor
22 General, or Department of Revenue from an agency pursuant to The
23 Fiscal Code shall not be made available to a requester by the
24 State Treasurer, Auditor General or the Department of Revenue.
25 Section 1702. Public availability of contracts.
26 (a) General rule.-- Except as otherwise provided in this
27 chapter, a request for a copy of a contract shall only be made
28 to an agency who is a party to the contract.
29 (b) Posting.--The Treasury Department shall make each
30 contract filed pursuant to section 1701 available for public
20070S0001B1726 - 52 -
1 inspection either by posting a copy of the contract on the
2 Treasury Department's publicly accessible Internet website or by
3 posting a contract summary on the department's publicly
4 accessible Internet website. The Treasury Department shall post
5 the information received pursuant to this chapter in a way that
6 allows the public to search contracts or contract summaries by
7 the categories enumerated in section 1701(a)(2).
8 (c) Request to review or receive copy of contract.--The
9 Treasury Department shall maintain a page on its publicly
10 accessible Internet website with instructions on how to request
11 to review a contract and how to request a copy of a contract.
12 Requests to review or receive a copy of a contract shall be
13 allowed by letter, facsimile or e-mail. Additionally, both
14 requests shall be honored within five days of the submission of
15 the request and in the case of a request for a copy of a
16 contract it shall be provided to the individual at cost. The
17 Treasury Department may offer to provide a copy of the requested
18 contract electronically to the requester at no cost.
19 CHAPTER 19
20 PUBLIC OFFICIALS
21 Section 1901. Disclosure of affiliation.
22 (a) Scope.--This section applies to:
23 (1) an individual who is elected or appointed to an
24 office of the Commonwealth; and
25 (2) the spouse of an individual under paragraph (1).
26 (b) Requirement.--Annually, each individual subject to
27 subsection (a) shall submit to the clearinghouse for Internet
28 website publication under section 1310(a)(7) disclosure as to a
29 business relationship between a Commonwealth agency and:
30 (1) the individual;
20070S0001B1726 - 53 -
1 (2) a partnership in which the individual is a partner;
2 (3) an association in which the individual is an officer
3 or a director;
4 (4) a corporation in which the individual is an officer
5 or a director; or
6 (5) a corporation in which the individual has an equity
7 interest of at least 5%.
8 CHAPTER 31
9 MISCELLANEOUS PROVISIONS
10 Section 3101. Applicability.
11 This act applies as follows:
12 (1) This act shall apply to requests for information
13 made on or after December 31, 2008.
14 (2) With respect to an agency as defined under section
15 102, this act shall apply prospectively.
16 (3) In addition to paragraph (2), with respect only to
17 an agency which was an agency as defined under the former act
18 of June 21, 1957 (P.L.390, No.212), referred to as the Right-
19 to-Know Law, this act shall apply retroactively.
20 (4) Chapter 15 shall apply to fiscal years beginning
21 after June 30, 2008.
22 (5) Chapter 17 shall apply to contracts entered into or
23 renewed after June 30, 2008.
24 (6) Section 3102(1)(ii)(B) shall apply to bids submitted
25 on or after June 30, 2008.
26 (7) If a provision of this act regarding access to a
27 record conflicts with any other Federal or State statute,
28 regulation or judicial order or decree, the provision of this
29 act shall not control.
30 Section 3101.1. Relation to other law or judicial actions.
20070S0001B1726 - 54 -
1 If the provisions of this act regarding access to public
2 records conflict with any Federal or State statute, the
3 provisions of this act shall not apply.
4 Section 3101.2. Severability.
5 All provisions of this act are severable.
6 Section 3102. Repeals.
7 Repeals are as follows:
8 (1) (i) General Assembly declares that the repeals
9 under subparagraph (ii) are necessary to effectuate this
10 act.
11 (ii) The following acts and parts of acts are
12 repealed:
13 (A) The act of June 21, 1957 (P.L.390, No.212),
14 referred to as the Right-to-Know Law.
15 (B) 62 Pa.C.S. § 106.
16 (2) (i) The General Assembly declares that the repeal
17 under subparagraph (ii) is necessary to effectuate
18 Chapter 17.
19 (ii) Section 1104 of the act of April 9, 1929
20 (P.L.177, No.175), known as The Administrative Code of
21 1929, is repealed.
22 Section 3103. References.
23 A reference in a statute, regulation or judicial order or
24 decree to the act of June 21, 1957 (P.L.390, No.212), referred
25 to as the Right-to-Know Law, shall be deemed a reference to this
26 act.
27 Section 3104. Effective date.
28 This act shall take effect as follows:
29 (1) Sections 101, 102, 1310, 3101 and 3102(1)(i) and
30 (ii)(B) and (2) shall take effect July 1, 2008.
20070S0001B1726 - 55 -
1 (2) This section shall take effect immediately.
2 (3) The remainder of this act shall take effect January
3 1, 2009.
4 CHAPTER 1 <--
5 PRELIMINARY PROVISIONS
6 SECTION 101. SHORT TITLE.
7 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE RIGHT-TO-KNOW
8 LAW.
9 SECTION 102. DEFINITIONS.
10 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
11 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
12 CONTEXT CLEARLY INDICATES OTHERWISE:
13 "ADMINISTRATIVE PROCEEDING." A PROCEEDING BY AN AGENCY THE
14 OUTCOME OF WHICH IS REQUIRED TO BE BASED ON A RECORD OR
15 DOCUMENTATION PRESCRIBED BY LAW OR IN WHICH A STATUTE OR
16 REGULATION IS PARTICULARIZED IN APPLICATION TO INDIVIDUALS. THE
17 TERM INCLUDES AN APPEAL.
18 "AGENCY." A COMMONWEALTH AGENCY, A LOCAL AGENCY, A JUDICIAL
19 AGENCY OR A LEGISLATIVE AGENCY.
20 "AGGREGATED DATA." A TABULATION OF DATA WHICH RELATE TO
21 BROAD CLASSES, GROUPS OR CATEGORIES SO THAT IT IS NOT POSSIBLE
22 TO DISTINGUISH THE PROPERTIES OF INDIVIDUALS WITHIN THOSE
23 CLASSES, GROUPS OR CATEGORIES.
24 "APPEALS OFFICER." AS FOLLOWS:
25 (1) FOR A COMMONWEALTH AGENCY OR A LOCAL AGENCY, THE
26 APPEALS OFFICER DESIGNATED UNDER SECTION 503(A).
27 (2) FOR A JUDICIAL AGENCY, THE INDIVIDUAL DESIGNATED
28 UNDER SECTION 503(B).
29 (3) FOR A LEGISLATIVE AGENCY, THE INDIVIDUAL DESIGNATED
30 UNDER SECTION 503(C).
20070S0001B1726 - 56 -
1 (4) FOR THE ATTORNEY GENERAL, STATE TREASURER, AUDITOR <--
2 GENERAL AND LOCAL AGENCIES IN POSSESSION OF CRIMINAL
3 INVESTIGATIVE RECORDS, THE INDIVIDUAL DESIGNATED UNDER
4 SECTION 503(D).
5 "COMMONWEALTH AGENCY." ANY OF THE FOLLOWING:
6 (1) ANY OFFICE, DEPARTMENT, AUTHORITY, BOARD, MULTISTATE
7 AGENCY OR COMMISSION OF THE EXECUTIVE BRANCH; AN INDEPENDENT
8 AGENCY; AND A STATE-AFFILIATED ENTITY. THE TERM INCLUDES:
9 (I) THE GOVERNOR'S OFFICE.
10 (II) THE OFFICE OF ATTORNEY GENERAL, THE DEPARTMENT
11 OF THE AUDITOR GENERAL AND THE TREASURY DEPARTMENT.
12 (III) AN ORGANIZATION ESTABLISHED BY THE
13 CONSTITUTION OF PENNSYLVANIA, A STATUTE OR AN EXECUTIVE
14 ORDER WHICH PERFORMS OR IS INTENDED TO PERFORM AN
15 ESSENTIAL GOVERNMENTAL FUNCTION.
16 (2) THE TERM DOES NOT INCLUDE A JUDICIAL OR LEGISLATIVE
17 AGENCY.
18 "CONFIDENTIAL PROPRIETARY INFORMATION." COMMERCIAL OR
19 FINANCIAL INFORMATION RECEIVED BY AN AGENCY:
20 (1) WHICH IS PRIVILEGED OR CONFIDENTIAL; AND
21 (2) THE DISCLOSURE OF WHICH WOULD CAUSE SUBSTANTIAL HARM
22 TO THE COMPETITIVE POSITION OF THE PERSON THAT SUBMITTED THE
23 INFORMATION.
24 "FINANCIAL RECORD." INCLUDES:
25 (1) ANY ACCOUNT, VOUCHER OR CONTRACT DEALING WITH:
26 (I) THE RECEIPT OR DISBURSEMENT OF FUNDS BY AN
27 AGENCY; OR
28 (II) AN AGENCY'S ACQUISITION, USE OR DISPOSAL OF
29 SERVICES, SUPPLIES, MATERIALS, EQUIPMENT OR PROPERTY.
30 (2) THE SALARY OR OTHER PAYMENTS OR EXPENSES PAID TO AN
20070S0001B1726 - 57 -
1 OFFICER OR EMPLOYEE OF AN AGENCY, INCLUDING THE NAME AND
2 TITLE OF THE OFFICER OR EMPLOYEE.
3 (3) RESULTS OF A FINANCIAL AUDIT.
4 "HOMELAND SECURITY." GOVERNMENTAL ACTIONS DESIGNED TO
5 PREVENT, DETECT, RESPOND TO AND RECOVER FROM ACTS OF TERRORISM,
6 MAJOR DISASTERS AND OTHER EMERGENCIES, WHETHER NATURAL OR
7 MANMADE. THE TERM INCLUDES ACTIVITIES RELATING TO THE FOLLOWING:
8 (1) EMERGENCY PREPAREDNESS AND RESPONSE, INCLUDING
9 PREPAREDNESS AND RESPONSE ACTIVITIES BY VOLUNTEER MEDICAL,
10 POLICE, EMERGENCY MANAGEMENT, HAZARDOUS MATERIALS AND FIRE
11 PERSONNEL;
12 (2) INTELLIGENCE ACTIVITIES;
13 (3) CRITICAL INFRASTRUCTURE PROTECTION;
14 (4) BORDER SECURITY;
15 (5) GROUND, AVIATION AND MARITIME TRANSPORTATION
16 SECURITY;
17 (6) BIODEFENSE;
18 (7) DETECTION OF NUCLEAR AND RADIOLOGICAL MATERIALS; AND
19 (8) RESEARCH ON NEXT-GENERATION SECURITIES TECHNOLOGIES.
20 "INDEPENDENT AGENCY." ANY BOARD, COMMISSION OR OTHER AGENCY
21 OR OFFICER OF THE COMMONWEALTH, THAT IS NOT SUBJECT TO THE
22 POLICY SUPERVISION AND CONTROL OF THE GOVERNOR. THE TERM DOES
23 NOT INCLUDE A LEGISLATIVE OR JUDICIAL AGENCY.
24 "JUDICIAL AGENCY." A COURT OF THE COMMONWEALTH OR ANY OTHER
25 ENTITY OR OFFICE OF THE UNIFIED JUDICIAL SYSTEM.
26 "LEGISLATIVE AGENCY." ANY OF THE FOLLOWING:
27 (1) THE SENATE.
28 (2) THE HOUSE OF REPRESENTATIVES.
29 (3) THE CAPITOL PRESERVATION COMMITTEE.
30 (4) THE CENTER FOR RURAL PENNSYLVANIA.
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1 (5) THE JOINT LEGISLATIVE AIR AND WATER POLLUTION
2 CONTROL AND CONSERVATION COMMITTEE.
3 (6) THE JOINT STATE GOVERNMENT COMMISSION.
4 (7) THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE.
5 (8) THE LEGISLATIVE DATA PROCESSING COMMITTEE.
6 (9) THE INDEPENDENT REGULATORY REVIEW COMMISSION.
7 (10) THE LEGISLATIVE REFERENCE BUREAU.
8 (11) THE LOCAL GOVERNMENT COMMISSION.
9 (12) THE PENNSYLVANIA COMMISSION ON SENTENCING.
10 (13) THE LEGISLATIVE REAPPORTIONMENT COMMISSION.
11 (14) THE LEGISLATIVE OFFICE OF RESEARCH LIAISON.
12 "LEGISLATIVE RECORD." ANY OF THE FOLLOWING RELATING TO A
13 LEGISLATIVE AGENCY OR A STANDING COMMITTEE, SUBCOMMITTEE OR
14 CONFERENCE COMMITTEE OF A LEGISLATIVE AGENCY:
15 (1) A FINANCIAL RECORD.
16 (2) A BILL OR RESOLUTION THAT HAS BEEN INTRODUCED AND
17 AMENDMENTS OFFERED THERETO IN COMMITTEE OR IN LEGISLATIVE
18 SESSION, INCLUDING RESOLUTIONS TO ADOPT OR AMEND THE RULES OF
19 A CHAMBER.
20 (3) FISCAL NOTES.
21 (4) A COSPONSORSHIP MEMORANDUM.
22 (5) THE JOURNAL OF A CHAMBER.
23 (6) THE MINUTES OF, RECORD OF ATTENDANCE OF MEMBERS AT A
24 PUBLIC HEARING OR A PUBLIC COMMITTEE MEETING AND ALL RECORDED
25 VOTES TAKEN IN A PUBLIC COMMITTEE MEETING.
26 (7) THE TRANSCRIPT OF A PUBLIC HEARING WHEN AVAILABLE.
27 (8) EXECUTIVE NOMINATION CALENDARS.
28 (9) THE RULES OF A CHAMBER.
29 (10) A RECORD OF ALL RECORDED VOTES TAKEN IN A
30 LEGISLATIVE SESSION.
20070S0001B1726 - 59 -
1 (11) ANY ADMINISTRATIVE STAFF MANUALS OR WRITTEN
2 POLICIES.
3 (12) AN AUDIT PREPARED PURSUANT TO THE ACT OF JUNE 30,
4 1970 (P.L.442, NO.151) ENTITLED, "AN ACT IMPLEMENTING THE
5 PROVISIONS OF ARTICLE VIII, SECTION 10 OF THE CONSTITUTION OF
6 PENNSYLVANIA, BY DESIGNATING THE COMMONWEALTH OFFICERS WHO
7 SHALL BE CHARGED WITH THE FUNCTION OF AUDITING THE FINANCIAL
8 TRANSACTIONS AFTER THE OCCURRENCE THEREOF OF THE LEGISLATIVE
9 AND JUDICIAL BRANCHES OF THE GOVERNMENT OF THE COMMONWEALTH,
10 ESTABLISHING A LEGISLATIVE AUDIT ADVISORY COMMISSION, AND
11 IMPOSING CERTAIN POWERS AND DUTIES ON SUCH COMMISSION."
12 (13) FINAL OR ANNUAL REPORTS REQUIRED BY LAW TO BE
13 SUBMITTED TO THE GENERAL ASSEMBLY.
14 (14) LEGISLATIVE BUDGET AND FINANCE COMMITTEE REPORTS.
15 (15) DAILY LEGISLATIVE SESSION CALENDARS AND MARKED
16 CALENDARS.
17 (16) A RECORD COMMUNICATING TO AN AGENCY THE OFFICIAL
18 APPOINTMENT OF A LEGISLATIVE APPOINTEE.
19 (17) A RECORD COMMUNICATING TO THE APPOINTING AUTHORITY
20 THE RESIGNATION OF A LEGISLATIVE APPOINTEE.
21 (18) PROPOSED REGULATIONS, FINAL-FORM REGULATIONS AND
22 FINAL-OMITTED REGULATIONS SUBMITTED TO A LEGISLATIVE AGENCY.
23 (19) THE RESULTS OF PUBLIC OPINION SURVEYS, POLLS, FOCUS
24 GROUPS, MARKETING RESEARCH OR SIMILAR EFFORTS DESIGNED TO
25 MEASURE PUBLIC OPINION FUNDED BY A LEGISLATIVE AGENCY.
26 "LOCAL AGENCY." ANY OF THE FOLLOWING:
27 (1) ANY POLITICAL SUBDIVISION, INTERMEDIATE UNIT,
28 CHARTER SCHOOL, CYBER CHARTER SCHOOL OR PUBLIC TRADE OR
29 VOCATIONAL SCHOOL.
30 (2) ANY LOCAL, INTERGOVERNMENTAL, REGIONAL OR MUNICIPAL
20070S0001B1726 - 60 -
1 AGENCY, AUTHORITY, COUNCIL, BOARD, COMMISSION OR SIMILAR
2 GOVERNMENTAL ENTITY.
3 "OFFICE OF OPEN RECORDS." THE OFFICE OF OPEN RECORDS
4 ESTABLISHED IN SECTION 1310.
5 "PERSONAL FINANCIAL INFORMATION." AN INDIVIDUAL'S PERSONAL
6 CREDIT, CHARGE OR DEBIT CARD INFORMATION; BANK ACCOUNT
7 INFORMATION; BANK, CREDIT OR FINANCIAL STATEMENTS; ACCOUNT OR
8 PIN NUMBERS AND OTHER INFORMATION RELATING TO AN INDIVIDUAL'S
9 PERSONAL FINANCES.
10 "PRIVILEGE." THE ATTORNEY-WORK PRODUCT DOCTRINE, THE
11 ATTORNEY-CLIENT PRIVILEGE, THE DOCTOR-PATIENT PRIVILEGE OR OTHER
12 PRIVILEGE RECOGNIZED BY A COURT INTERPRETING THE LAWS OF THIS
13 COMMONWEALTH.
14 "PUBLIC RECORD." A RECORD OF A COMMONWEALTH OR LOCAL AGENCY
15 THAT:
16 (1) IS NOT EXEMPT UNDER SECTION 708;
17 (2) IS NOT EXEMPT FROM BEING DISCLOSED UNDER ANY OTHER
18 FEDERAL OR STATE LAW OR REGULATION OR JUDICIAL ORDER OR
19 DECREE; OR
20 (3) IS NOT PROTECTED BY A PRIVILEGE.
21 "RECORD." INFORMATION, REGARDLESS OF PHYSICAL FORM OR
22 CHARACTERISTICS, THAT DOCUMENTS A TRANSACTION OR ACTIVITY OF AN
23 AGENCY AND THAT IS CREATED, RECEIVED OR RETAINED PURSUANT TO LAW
24 OR IN CONNECTION WITH A TRANSACTION, BUSINESS OR ACTIVITY OF THE
25 AGENCY. THE TERM INCLUDES A DOCUMENT, PAPER, LETTER, MAP, BOOK,
26 TAPE, PHOTOGRAPH, FILM OR SOUND RECORDING, INFORMATION STORED OR
27 MAINTAINED ELECTRONICALLY AND A DATA-PROCESSED OR IMAGE-
28 PROCESSED DOCUMENT.
29 "REQUESTER." A PERSON THAT IS A LEGAL RESIDENT OF THE UNITED
30 STATES AND REQUESTS A RECORD PURSUANT TO THIS ACT. THE TERM
20070S0001B1726 - 61 -
1 INCLUDES A POLITICAL SUBDIVISION AN AGENCY. <--
2 "RESPONSE." ACCESS TO A RECORD OR AN AGENCY'S WRITTEN NOTICE
3 TO A REQUESTER GRANTING, DENYING OR PARTIALLY GRANTING AND
4 PARTIALLY DENYING ACCESS TO A RECORD.
5 "SOCIAL SERVICES." CASH ASSISTANCE AND OTHER WELFARE
6 BENEFITS, MEDICAL, MENTAL AND OTHER HEALTH CARE SERVICES, DRUG
7 AND ALCOHOL TREATMENT, ADOPTION SERVICES, VOCATIONAL AND
8 OCCUPATIONAL TRAINING, EDUCATION SERVICES, COUNSELING SERVICES,
9 WORKERS' COMPENSATION SERVICES AND UNEMPLOYMENT COMPENSATION
10 SERVICES, FOSTER CARE SERVICES AND SERVICES FOR VICTIMS OF
11 CRIMES.
12 "STATE-AFFILIATED ENTITY." A COMMONWEALTH AUTHORITY OR
13 COMMONWEALTH ENTITY. THE TERM INCLUDES THE PENNSYLVANIA HIGHER
14 EDUCATION ASSISTANCE AGENCY AND ANY ENTITY ESTABLISHED THEREBY,
15 THE PENNSYLVANIA GAMING CONTROL BOARD, THE PENNSYLVANIA GAME
16 COMMISSION, THE PENNSYLVANIA FISH AND BOAT COMMISSION, THE
17 PENNSYLVANIA HOUSING FINANCE AGENCY, THE PENNSYLVANIA MUNICIPAL
18 RETIREMENT BOARD, THE STATE SYSTEM OF HIGHER EDUCATION, A
19 COMMUNITY COLLEGE, THE PENNSYLVANIA TURNPIKE COMMISSION, THE
20 PENNSYLVANIA PUBLIC UTILITY COMMISSION, THE PENNSYLVANIA
21 INFRASTRUCTURE INVESTMENT AUTHORITY, THE STATE PUBLIC SCHOOL
22 BUILDING AUTHORITY, THE PENNSYLVANIA INTERSCHOLASTIC ATHLETIC
23 ASSOCIATION AND THE PENNSYLVANIA EDUCATIONAL FACILITIES
24 AUTHORITY. THE TERM DOES NOT INCLUDE A STATE-RELATED
25 INSTITUTION.
26 "STATE-RELATED INSTITUTION." INCLUDES:
27 (1) TEMPLE UNIVERSITY.
28 (2) THE UNIVERSITY OF PITTSBURGH.
29 (3) THE PENNSYLVANIA STATE UNIVERSITY.
30 (4) LINCOLN UNIVERSITY.
20070S0001B1726 - 62 -
1 "TERRORIST ACT." A VIOLENT OR LIFE-THREATENING ACT THAT
2 VIOLATES THE CRIMINAL LAWS OF THE UNITED STATES OR ANY STATE AND
3 APPEARS TO BE INTENDED TO:
4 (1) INTIMIDATE OR COERCE A CIVILIAN POPULATION;
5 (2) INFLUENCE THE POLICY OF A GOVERNMENT; OR
6 (3) AFFECT THE CONDUCT OF A GOVERNMENT BY MASS
7 DESTRUCTION, ASSASSINATION OR KIDNAPPING.
8 "TRADE SECRET." INFORMATION, INCLUDING A FORMULA, DRAWING,
9 PATTERN, COMPILATION, INCLUDING A CUSTOMER LIST, PROGRAM,
10 DEVICE, METHOD, TECHNIQUE OR PROCESS THAT:
11 (1) DERIVES INDEPENDENT ECONOMIC VALUE, ACTUAL OR
12 POTENTIAL, FROM NOT BEING GENERALLY KNOWN TO AND NOT BEING
13 READILY ASCERTAINABLE BY PROPER MEANS BY OTHER PERSONS WHO
14 CAN OBTAIN ECONOMIC VALUE FROM ITS DISCLOSURE OR USE; AND
15 (2) IS THE SUBJECT OF EFFORTS THAT ARE REASONABLE UNDER
16 THE CIRCUMSTANCES TO MAINTAIN ITS SECRECY.
17 THE TERM INCLUDES DATA PROCESSING SOFTWARE OBTAINED BY AN AGENCY
18 UNDER A LICENSING AGREEMENT PROHIBITING DISCLOSURE.
19 CHAPTER 3
20 REQUIREMENTS AND PROHIBITIONS
21 SECTION 301. COMMONWEALTH AGENCIES.
22 (A) REQUIREMENT.--A COMMONWEALTH AGENCY SHALL PROVIDE PUBLIC
23 RECORDS IN ACCORDANCE WITH THIS ACT.
24 (B) PROHIBITION.--A COMMONWEALTH AGENCY MAY NOT DENY A
25 REQUESTER ACCESS TO A PUBLIC RECORD DUE TO THE INTENDED USE OF
26 THE PUBLIC RECORD BY THE REQUESTER UNLESS OTHERWISE PROVIDED BY
27 LAW.
28 SECTION 302. LOCAL AGENCIES.
29 (A) REQUIREMENT.--A LOCAL AGENCY SHALL PROVIDE PUBLIC
30 RECORDS IN ACCORDANCE WITH THIS ACT.
20070S0001B1726 - 63 -
1 (B) PROHIBITION.--A LOCAL AGENCY MAY NOT DENY A REQUESTER
2 ACCESS TO A PUBLIC RECORD DUE TO THE INTENDED USE OF THE PUBLIC
3 RECORD BY THE REQUESTER UNLESS OTHERWISE PROVIDED BY LAW.
4 SECTION 303. LEGISLATIVE AGENCIES.
5 (A) REQUIREMENT.--A LEGISLATIVE AGENCY SHALL PROVIDE
6 LEGISLATIVE RECORDS IN ACCORDANCE WITH THIS ACT.
7 (B) PROHIBITION.--A LEGISLATIVE AGENCY MAY NOT DENY A
8 REQUESTER ACCESS TO A LEGISLATIVE RECORD DUE TO THE INTENDED USE
9 OF THE LEGISLATIVE RECORD BY THE REQUESTER.
10 SECTION 304. JUDICIAL AGENCIES.
11 (A) REQUIREMENT.--A JUDICIAL AGENCY SHALL PROVIDE FINANCIAL
12 RECORDS IN ACCORDANCE WITH THIS ACT OR ANY RULE OR ORDER OF
13 COURT PROVIDING EQUAL OR GREATER ACCESS TO THE RECORDS.
14 (B) PROHIBITION.--A JUDICIAL AGENCY MAY NOT DENY A REQUESTER
15 ACCESS TO A FINANCIAL RECORD DUE TO THE INTENDED USE OF THE
16 FINANCIAL RECORD BY THE REQUESTER.
17 SECTION 305. PRESUMPTION.
18 (A) GENERAL RULE.--A RECORD IN THE POSSESSION OF A
19 COMMONWEALTH AGENCY OR LOCAL AGENCY SHALL BE PRESUMED TO BE A
20 PUBLIC RECORD. THE PRESUMPTION SHALL NOT APPLY IF:
21 (1) THE RECORD IS EXEMPT UNDER SECTION 708;
22 (2) THE RECORD IS PROTECTED BY A PRIVILEGE; OR
23 (3) THE RECORD IS EXEMPT FROM DISCLOSURE UNDER ANY OTHER
24 FEDERAL OR STATE LAW OR REGULATION OR JUDICIAL ORDER OR
25 DECREE.
26 (B) LEGISLATIVE RECORDS AND FINANCIAL RECORDS.--A
27 LEGISLATIVE RECORD IN THE POSSESSION OF A LEGISLATIVE AGENCY AND
28 A FINANCIAL RECORD IN THE POSSESSION OF A JUDICIAL AGENCY SHALL
29 BE PRESUMED TO BE AVAILABLE IN ACCORDANCE WITH THIS ACT. THE
30 PRESUMPTION SHALL NOT APPLY IF:
20070S0001B1726 - 64 -
1 (1) THE RECORD IS EXEMPT UNDER SECTION 708;
2 (2) THE RECORD IS PROTECTED BY A PRIVILEGE; OR
3 (3) THE RECORD IS EXEMPT FROM DISCLOSURE UNDER ANY OTHER
4 FEDERAL OR STATE LAW, REGULATION OR JUDICIAL ORDER OR DECREE.
5 SECTION 306. NATURE OF DOCUMENT.
6 NOTHING IN THIS ACT SHALL SUPERSEDE OR MODIFY THE PUBLIC OR
7 NONPUBLIC NATURE OF A RECORD OR DOCUMENT ESTABLISHED IN FEDERAL
8 OR STATE LAW, REGULATION OR JUDICIAL ORDER OR DECREE.
9 CHAPTER 5
10 ACCESS
11 SECTION 501. SCOPE OF CHAPTER.
12 THIS CHAPTER APPLIES TO ALL AGENCIES.
13 SECTION 502. OPEN-RECORDS OFFICER.
14 (A) ESTABLISHMENT.--
15 (1) AN AGENCY SHALL DESIGNATE AN OFFICIAL OR EMPLOYEE TO
16 ACT AS THE OPEN-RECORDS OFFICER.
17 (2) FOR A LEGISLATIVE AGENCY OTHER THAN THE SENATE OR
18 THE HOUSE OF REPRESENTATIVES, THE OPEN-RECORDS OFFICER
19 DESIGNATED BY THE LEGISLATIVE REFERENCE BUREAU SHALL SERVE AS
20 THE OPEN-RECORDS OFFICER. A NOTWITHSTANDING PARAGRAPH (1), A <--
21 POLITICAL PARTY CAUCUS OF A LEGISLATIVE AGENCY MAY APPOINT AN
22 OPEN-RECORDS OFFICER UNDER THIS SECTION.
23 (B) FUNCTIONS.--
24 (1) THE OPEN-RECORDS OFFICER SHALL RECEIVE REQUESTS
25 SUBMITTED TO THE AGENCY UNDER THIS ACT, DIRECT REQUESTS TO
26 OTHER APPROPRIATE PERSONS WITHIN THE AGENCY OR TO APPROPRIATE
27 PERSONS IN ANOTHER AGENCY, TRACK THE AGENCY'S PROGRESS IN
28 RESPONDING TO REQUESTS AND ISSUE INTERIM AND FINAL RESPONSES
29 UNDER THIS ACT.
30 (2) UPON RECEIVING A REQUEST FOR A PUBLIC RECORD,
20070S0001B1726 - 65 -
1 LEGISLATIVE RECORD OR FINANCIAL RECORD, THE OPEN-RECORDS
2 OFFICER SHALL DO ALL OF THE FOLLOWING:
3 (I) NOTE THE DATE OF RECEIPT ON THE WRITTEN REQUEST.
4 (II) COMPUTE THE DAY ON WHICH THE FIVE-DAY PERIOD
5 UNDER SECTION 901 WILL EXPIRE AND MAKE A NOTATION OF THAT
6 DATE ON THE WRITTEN REQUEST.
7 (III) MAINTAIN AN ELECTRONIC OR PAPER COPY OF A
8 WRITTEN REQUEST, INCLUDING ALL DOCUMENTS SUBMITTED WITH
9 THE REQUEST UNTIL THE REQUEST HAS BEEN FULFILLED. IF THE
10 REQUEST IS DENIED, THE WRITTEN REQUEST SHALL BE
11 MAINTAINED FOR 30 DAYS OR, IF AN APPEAL IS FILED, UNTIL A
12 FINAL DETERMINATION IS ISSUED UNDER SECTION 1101(B) OR
13 THE APPEAL IS DEEMED DENIED.
14 (IV) CREATE A FILE FOR THE RETENTION OF THE ORIGINAL
15 REQUEST, A COPY OF THE RESPONSE, A RECORD OF WRITTEN
16 COMMUNICATIONS WITH THE REQUESTER AND A COPY OF OTHER
17 COMMUNICATIONS. THIS SUBPARAGRAPH SHALL ONLY APPLY TO
18 COMMONWEALTH AGENCIES.
19 SECTION 503. APPEALS OFFICER.
20 (A) COMMONWEALTH AGENCIES AND LOCAL AGENCIES.--EXCEPT AS
21 PROVIDED IN SUBSECTION (D), THE OFFICE OF OPEN RECORDS
22 ESTABLISHED UNDER SECTION 1310 SHALL DESIGNATE AN APPEALS
23 OFFICER UNDER SECTION 1101(A)(2) FOR ALL:
24 (1) COMMONWEALTH AGENCIES; AND
25 (2) LOCAL AGENCIES.
26 (B) JUDICIAL AGENCIES.--A JUDICIAL AGENCY SHALL DESIGNATE AN
27 APPEALS OFFICER TO HEAR APPEALS UNDER CHAPTER 11.
28 (C) LEGISLATIVE AGENCIES.--
29 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2), THE
30 LEGISLATIVE REFERENCE BUREAU SHALL DESIGNATE AN APPEALS
20070S0001B1726 - 66 -
1 OFFICER TO HEAR APPEALS UNDER CHAPTER 11 FOR ALL LEGISLATIVE
2 AGENCIES.
3 (2) EACH OF THE FOLLOWING SHALL DESIGNATE AN APPEALS
4 OFFICER TO HEAR APPEALS UNDER CHAPTER 11:
5 (I) THE SENATE.
6 (II) THE HOUSE OF REPRESENTATIVES.
7 (D) LAW ENFORCEMENT RECORDS AND STATEWIDE OFFICIALS.--
8 (1) THE ATTORNEY GENERAL, STATE TREASURER AND AUDITOR
9 GENERAL SHALL EACH DESIGNATE AN APPEALS OFFICER TO HEAR
10 APPEALS UNDER CHAPTER 11.
11 (2) THE DISTRICT ATTORNEY OF A COUNTY SHALL DESIGNATE
12 ONE OR MORE APPEALS OFFICERS TO HEAR APPEALS UNDER CHAPTER 11
13 RELATING TO ACCESS TO CRIMINAL INVESTIGATIVE RECORDS IN
14 POSSESSION OF A LOCAL AGENCY OF THAT COUNTY. THE APPEALS
15 OFFICER DESIGNATED BY THE DISTRICT ATTORNEY SHALL DETERMINE
16 IF THE RECORD REQUESTED IS A CRIMINAL INVESTIGATIVE RECORD.
17 SECTION 504. REGULATIONS AND POLICIES.
18 (A) AUTHORITY.--AN AGENCY MAY PROMULGATE REGULATIONS AND
19 POLICIES NECESSARY FOR THE AGENCY TO IMPLEMENT THIS ACT. THE
20 OFFICE OF OPEN RECORDS MAY PROMULGATE REGULATIONS RELATING TO
21 APPEALS INVOLVING A COMMONWEALTH AGENCY OR LOCAL AGENCY.
22 (B) POSTING.--THE FOLLOWING INFORMATION SHALL BE POSTED AT
23 EACH AGENCY AND, IF THE AGENCY MAINTAINS AN INTERNET WEBSITE, ON
24 THE AGENCY'S INTERNET WEBSITE:
25 (1) CONTACT INFORMATION FOR THE OPEN-RECORDS OFFICER.
26 (2) CONTACT INFORMATION FOR THE OFFICE OF OPEN RECORDS
27 OR OTHER APPLICABLE APPEALS OFFICER.
28 (3) A FORM WHICH MAY BE USED TO FILE A REQUEST.
29 (4) REGULATIONS, POLICIES AND PROCEDURES OF THE AGENCY
30 RELATING TO THIS ACT.
20070S0001B1726 - 67 -
1 SECTION 505. UNIFORM FORM.
2 (A) COMMONWEALTH AND LOCAL AGENCIES.--THE OFFICE OF OPEN
3 RECORDS SHALL DEVELOP A UNIFORM FORM WHICH SHALL BE ACCEPTED BY
4 ALL COMMONWEALTH AND LOCAL AGENCIES IN ADDITION TO ANY FORM USED
5 BY THE AGENCY TO FILE A REQUEST UNDER THIS ACT. THE UNIFORM FORM
6 SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN AND ON THE
7 OFFICE OF OPEN RECORD'S INTERNET WEBSITE.
8 (B) JUDICIAL AGENCIES.--A JUDICIAL AGENCY OR THE
9 ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS MAY DEVELOP A FORM
10 TO REQUEST FINANCIAL RECORDS OR MAY ACCEPT A FORM DEVELOPED BY
11 THE OFFICE OF OPEN RECORDS.
12 (C) LEGISLATIVE AGENCIES.--A LEGISLATIVE AGENCY MAY DEVELOP
13 A FORM TO REQUEST LEGISLATIVE RECORDS OR MAY ACCEPT THE FORM
14 DEVELOPED BY THE OFFICE OF OPEN RECORDS.
15 SECTION 506. REQUESTS.
16 (A) DISRUPTIVE REQUESTS.--
17 (1) AN AGENCY MAY DENY A REQUESTER ACCESS TO A RECORD IF
18 THE REQUESTER HAS MADE REPEATED REQUESTS FOR THAT SAME RECORD
19 AND THE REPEATED REQUESTS HAVE PLACED AN UNREASONABLE BURDEN
20 ON THE AGENCY.
21 (2) A DENIAL UNDER THIS SUBSECTION SHALL NOT RESTRICT
22 THE ABILITY TO REQUEST A DIFFERENT RECORD.
23 (B) DISASTER OR POTENTIAL DAMAGE.--
24 (1) AN AGENCY MAY DENY A REQUESTER ACCESS:
25 (I) WHEN TIMELY ACCESS IS NOT POSSIBLE DUE TO FIRE,
26 FLOOD OR OTHER DISASTER; OR
27 (II) TO HISTORICAL, ANCIENT OR RARE DOCUMENTS,
28 RECORDS, ARCHIVES AND MANUSCRIPTS WHEN ACCESS MAY, IN THE
29 PROFESSIONAL JUDGMENT OF THE CURATOR OR CUSTODIAN OF
30 RECORDS, CAUSE PHYSICAL DAMAGE OR IRREPARABLE HARM TO THE
20070S0001B1726 - 68 -
1 RECORD.
2 (2) TO THE EXTENT POSSIBLE, THE CONTENTS OF A RECORD
3 UNDER THIS SUBSECTION SHALL BE MADE ACCESSIBLE TO A REQUESTER
4 EVEN WHEN THE RECORD IS PHYSICALLY UNAVAILABLE.
5 (C) AGENCY DISCRETION.--AN AGENCY MAY EXERCISE ITS
6 DISCRETION TO MAKE ANY OTHERWISE EXEMPT RECORD ACCESSIBLE FOR
7 INSPECTION AND COPYING UNDER THIS CHAPTER, IF ALL OF THE
8 FOLLOWING APPLY:
9 (1) DISCLOSURE OF THE RECORD IS NOT PROHIBITED UNDER ANY
10 OF THE FOLLOWING:
11 (I) FEDERAL OR STATE LAW OR REGULATION.
12 (II) JUDICIAL ORDER OR DECREE.
13 (2) THE RECORD IS NOT PROTECTED BY A PRIVILEGE.
14 (3) THE AGENCY HEAD DETERMINES THAT THE PUBLIC INTEREST
15 FAVORING ACCESS OUTWEIGHS ANY INDIVIDUAL, AGENCY OR PUBLIC
16 INTEREST THAT MAY FAVOR RESTRICTION OF ACCESS.
17 (D) AGENCY POSSESSION.--
18 (1) A PUBLIC RECORD THAT IS NOT IN THE POSSESSION OF AN
19 AGENCY BUT IS IN THE POSSESSION OF A PARTY WITH WHOM THE
20 AGENCY HAS CONTRACTED TO PERFORM A GOVERNMENTAL FUNCTION ON
21 BEHALF OF THE AGENCY, AND WHICH DIRECTLY RELATES TO THE
22 GOVERNMENTAL FUNCTION AND IS NOT EXEMPT UNDER THIS ACT, SHALL
23 BE CONSIDERED A PUBLIC RECORD OF THE AGENCY FOR PURPOSES OF
24 THIS ACT.
25 (2) NOTHING IN THIS ACT SHALL BE CONSTRUED TO REQUIRE
26 ACCESS TO ANY OTHER RECORD OF THE PARTY IN POSSESSION OF THE
27 PUBLIC RECORD.
28 (3) A REQUEST FOR A PUBLIC RECORD IN POSSESSION OF A
29 PARTY OTHER THAN THE AGENCY SHALL BE SUBMITTED TO THE OPEN
30 RECORDS OFFICER OF THE AGENCY. UPON A DETERMINATION THAT THE
20070S0001B1726 - 69 -
1 RECORD IS SUBJECT TO ACCESS UNDER THIS ACT, THE OPEN RECORDS
2 OFFICER SHALL ASSESS THE DUPLICATION FEE ESTABLISHED UNDER
3 SECTION 1307(B) AND UPON COLLECTION SHALL REMIT THE FEE TO
4 THE PARTY IN POSSESSION OF THE RECORD IF THE PARTY DUPLICATED
5 THE RECORD.
6 SECTION 507. RETENTION OF RECORDS.
7 NOTHING IN THIS ACT SHALL BE CONSTRUED TO MODIFY, RESCIND OR
8 SUPERSEDE ANY RECORD RETENTION POLICY OR DISPOSITION SCHEDULE OF
9 AN AGENCY ESTABLISHED PURSUANT TO LAW, REGULATION, POLICY OR
10 OTHER DIRECTIVE.
11 CHAPTER 7
12 PROCEDURE
13 SECTION 701. ACCESS.
14 (A) GENERAL RULE.--UNLESS OTHERWISE PROVIDED BY LAW, A
15 PUBLIC RECORD, LEGISLATIVE RECORD OR FINANCIAL RECORD SHALL BE
16 ACCESSIBLE FOR INSPECTION AND DUPLICATION IN ACCORDANCE WITH
17 THIS ACT. A RECORD BEING PROVIDED TO A REQUESTER SHALL BE
18 PROVIDED IN THE MEDIUM REQUESTED IF IT EXISTS IN THAT MEDIUM;
19 OTHERWISE, IT SHALL BE PROVIDED IN THE MEDIUM IN WHICH IT
20 EXISTS. PUBLIC RECORDS, LEGISLATIVE RECORDS OR FINANCIAL RECORDS
21 SHALL BE AVAILABLE FOR ACCESS DURING THE REGULAR BUSINESS HOURS
22 OF AN AGENCY.
23 (B) CONSTRUCTION.--NOTHING IN THIS ACT SHALL BE CONSTRUED TO
24 REQUIRE ACCESS TO ANY COMPUTER EITHER OF AN AGENCY OR INDIVIDUAL
25 EMPLOYEE OF AN AGENCY.
26 SECTION 702. REQUESTS.
27 AGENCIES MAY FULFILL VERBAL, WRITTEN OR ANONYMOUS VERBAL OR
28 WRITTEN REQUESTS FOR ACCESS TO RECORDS UNDER THIS ACT. IF THE
29 REQUESTER WISHES TO PURSUE THE RELIEF AND REMEDIES PROVIDED FOR
30 IN THIS ACT, THE REQUEST FOR ACCESS TO RECORDS MUST BE A WRITTEN
20070S0001B1726 - 70 -
1 REQUEST.
2 SECTION 703. WRITTEN REQUESTS.
3 A WRITTEN REQUEST FOR ACCESS TO RECORDS MAY BE SUBMITTED IN
4 PERSON, BY MAIL, BY E-MAIL, BY FACSIMILE OR, TO THE EXTENT
5 PROVIDED BY AGENCY RULES, ANY OTHER ELECTRONIC MEANS. A WRITTEN
6 REQUEST MUST BE ADDRESSED TO THE OPEN-RECORDS OFFICER DESIGNATED
7 PURSUANT TO SECTION 502. EMPLOYEES OF AN AGENCY SHALL BE
8 DIRECTED TO FORWARD REQUESTS FOR RECORDS TO THE OPEN-RECORDS
9 OFFICER. A WRITTEN REQUEST SHOULD IDENTIFY OR DESCRIBE THE
10 RECORDS SOUGHT WITH SUFFICIENT SPECIFICITY TO ENABLE THE AGENCY
11 TO ASCERTAIN WHICH RECORDS ARE BEING REQUESTED AND SHALL INCLUDE
12 THE NAME AND ADDRESS TO WHICH THE AGENCY SHOULD ADDRESS ITS
13 RESPONSE. A WRITTEN REQUEST NEED NOT INCLUDE ANY EXPLANATION OF
14 THE REQUESTER'S REASON FOR REQUESTING OR INTENDED USE OF THE
15 RECORDS UNLESS OTHERWISE REQUIRED BY LAW.
16 SECTION 704. ELECTRONIC ACCESS.
17 (A) GENERAL RULE.--IN ADDITION TO THE REQUIREMENTS OF
18 SECTION 701, AN AGENCY MAY MAKE ITS RECORDS AVAILABLE THROUGH
19 ANY PUBLICLY ACCESSIBLE ELECTRONIC MEANS.
20 (B) RESPONSE.--
21 (1) IN ADDITION TO THE REQUIREMENTS OF SECTION 701, AN
22 AGENCY MAY RESPOND TO A REQUEST BY NOTIFYING THE REQUESTER
23 THAT THE RECORD IS AVAILABLE THROUGH PUBLICLY ACCESSIBLE
24 ELECTRONIC MEANS OR THAT THE AGENCY WILL PROVIDE ACCESS TO
25 INSPECT THE RECORD ELECTRONICALLY.
26 (2) IF THE REQUESTER IS UNWILLING OR UNABLE TO ACCESS
27 THE RECORD ELECTRONICALLY, THE REQUESTER MAY, WITHIN 30 DAYS
28 FOLLOWING RECEIPT OF THE AGENCY NOTIFICATION, SUBMIT A
29 WRITTEN REQUEST TO THE AGENCY TO HAVE THE RECORD CONVERTED TO
30 PAPER. THE AGENCY SHALL PROVIDE ACCESS TO THE RECORD IN
20070S0001B1726 - 71 -
1 PRINTED FORM WITHIN FIVE DAYS OF THE RECEIPT OF THE WRITTEN
2 REQUEST FOR CONVERSION TO PAPER.
3 SECTION 705. CREATION OF RECORD.
4 WHEN RESPONDING TO A REQUEST FOR ACCESS, AN AGENCY SHALL NOT
5 BE REQUIRED TO CREATE A RECORD WHICH DOES NOT CURRENTLY EXIST OR
6 TO COMPILE, MAINTAIN, FORMAT OR ORGANIZE A RECORD IN A MANNER IN
7 WHICH THE AGENCY DOES NOT CURRENTLY COMPILE, MAINTAIN, FORMAT OR
8 ORGANIZE THE RECORD.
9 SECTION 706. REDACTION.
10 IF AN AGENCY DETERMINES THAT A PUBLIC RECORD, LEGISLATIVE
11 RECORD OR FINANCIAL RECORD CONTAINS INFORMATION WHICH IS SUBJECT
12 TO ACCESS AS WELL AS INFORMATION WHICH IS NOT SUBJECT TO ACCESS,
13 THE AGENCY'S RESPONSE SHALL GRANT ACCESS TO THE INFORMATION
14 WHICH IS SUBJECT TO ACCESS AND DENY ACCESS TO THE INFORMATION
15 WHICH IS NOT SUBJECT TO ACCESS. IF THE INFORMATION WHICH IS NOT
16 SUBJECT TO ACCESS IS AN INTEGRAL PART OF THE PUBLIC RECORD,
17 LEGISLATIVE RECORD OR FINANCIAL RECORD AND CANNOT BE SEPARATED,
18 THE AGENCY SHALL REDACT FROM THE RECORD THE INFORMATION WHICH IS
19 NOT SUBJECT TO ACCESS, AND THE RESPONSE SHALL GRANT ACCESS TO
20 THE INFORMATION WHICH IS SUBJECT TO ACCESS. THE AGENCY MAY NOT
21 DENY ACCESS TO THE RECORD IF THE INFORMATION WHICH IS NOT
22 SUBJECT TO ACCESS IS ABLE TO BE REDACTED. INFORMATION WHICH AN
23 AGENCY REDACTS IN ACCORDANCE WITH THIS SUBSECTION SHALL BE
24 DEEMED A DENIAL UNDER CHAPTER 9.
25 SECTION 707. PRODUCTION OF CERTAIN RECORDS.
26 (A) GENERAL RULE.--IF, IN RESPONSE TO A REQUEST, AN AGENCY
27 PRODUCES A RECORD THAT IS NOT A PUBLIC RECORD, LEGISLATIVE
28 RECORD OR FINANCIAL RECORD, THE AGENCY SHALL NOTIFY ANY THIRD
29 PARTY THAT PROVIDED THE RECORD TO THE AGENCY, THE PERSON THAT IS
30 THE SUBJECT OF THE RECORD AND THE REQUESTER.
20070S0001B1726 - 72 -
1 (B) REQUESTS FOR TRADE SECRETS.--AN AGENCY SHALL NOTIFY A
2 THIRD PARTY OF A REQUEST FOR A RECORD IF THE THIRD PARTY
3 PROVIDED THE RECORD AND INCLUDED A WRITTEN STATEMENT SIGNED BY A
4 REPRESENTATIVE OF THE THIRD PARTY THAT THE RECORD CONTAINS A
5 TRADE SECRET OR CONFIDENTIAL PROPRIETARY INFORMATION.
6 NOTIFICATION SHALL BE PROVIDED WITHIN FIVE BUSINESS DAYS OF
7 RECEIPT OF THE REQUEST FOR THE RECORD. THE THIRD PARTY SHALL
8 HAVE FIVE BUSINESS DAYS FROM RECEIPT OF NOTIFICATION FROM THE
9 AGENCY TO PROVIDE INPUT ON THE RELEASE OF THE RECORD. THE AGENCY
10 SHALL DENY THE REQUEST FOR THE RECORD OR RELEASE THE RECORD
11 WITHIN TEN BUSINESS DAYS OF THE PROVISION OF NOTICE TO THE THIRD
12 PARTY AND SHALL NOTIFY THE THIRD PARTY OF THE DECISION.
13 (C) TRANSCRIPTS.--
14 (1) PRIOR TO AN ADJUDICATION BECOMING FINAL, BINDING AND
15 NONAPPEALABLE, A TRANSCRIPT OF AN ADMINISTRATIVE PROCEEDING
16 SHALL BE PROVIDED TO A REQUESTER BY THE AGENCY STENOGRAPHER
17 OR A COURT REPORTER, IN ACCORDANCE WITH AGENCY PROCEDURE OR
18 AN APPLICABLE CONTRACT.
19 (2) FOLLOWING AN ADJUDICATION BECOMING FINAL, BINDING
20 AND NONAPPEALABLE, A TRANSCRIPT OF AN ADMINISTRATIVE
21 PROCEEDING SHALL BE PROVIDED TO A REQUESTER IN ACCORDANCE
22 WITH THE DUPLICATION RATES ESTABLISHED IN SECTION 1307(B).
23 SECTION 708. EXCEPTIONS FOR PUBLIC RECORDS.
24 (A) BURDEN OF PROOF.--
25 (1) THE BURDEN OF PROVING THAT A RECORD OF A
26 COMMONWEALTH AGENCY OR LOCAL AGENCY IS EXEMPT FROM PUBLIC
27 ACCESS SHALL BE ON THE COMMONWEALTH AGENCY OR LOCAL AGENCY
28 RECEIVING A REQUEST BY A PREPONDERANCE OF THE EVIDENCE.
29 (2) THE BURDEN OF PROVING THAT A LEGISLATIVE RECORD IS
30 EXEMPT FROM PUBLIC ACCESS SHALL BE ON THE LEGISLATIVE AGENCY
20070S0001B1726 - 73 -
1 RECEIVING A REQUEST BY A PREPONDERANCE OF THE EVIDENCE.
2 (3) THE BURDEN OF PROVING THAT A FINANCIAL RECORD OF A
3 JUDICIAL AGENCY IS EXEMPT FROM PUBLIC ACCESS SHALL BE ON THE
4 JUDICIAL AGENCY RECEIVING A REQUEST BY A PREPONDERANCE OF THE
5 EVIDENCE.
6 (B) EXCEPTIONS.--EXCEPT AS PROVIDED IN SUBSECTIONS (C) AND
7 (D), THE FOLLOWING ARE EXEMPT FROM ACCESS BY A REQUESTER UNDER
8 THIS ACT:
9 (1) A RECORD THE DISCLOSURE OF WHICH:
10 (I) WOULD RESULT IN THE LOSS OF FEDERAL OR STATE
11 FUNDS BY AN AGENCY OR THE COMMONWEALTH; OR
12 (II) WOULD BE REASONABLY LIKELY TO RESULT IN A
13 SUBSTANTIAL AND DEMONSTRABLE RISK OF PHYSICAL HARM TO AN
14 INDIVIDUAL.
15 (2) A RECORD MAINTAINED BY AN AGENCY IN CONNECTION WITH
16 THE MILITARY, HOMELAND SECURITY, NATIONAL DEFENSE, LAW
17 ENFORCEMENT OR OTHER PUBLIC SAFETY ACTIVITY THAT IF DISCLOSED
18 WOULD BE REASONABLY LIKELY TO JEOPARDIZE OR THREATEN PUBLIC
19 SAFETY OR PREPAREDNESS OR PUBLIC PROTECTION ACTIVITY OR A
20 RECORD THAT IS DESIGNATED CLASSIFIED BY AN APPROPRIATE
21 FEDERAL OR STATE MILITARY AUTHORITY.
22 (3) A RECORD, THE DISCLOSURE OF WHICH CREATES A
23 REASONABLE LIKELIHOOD OF ENDANGERING THE SAFETY OR THE
24 PHYSICAL SECURITY OF A BUILDING, PUBLIC UTILITY, RESOURCE,
25 INFRASTRUCTURE, FACILITY OR INFORMATION STORAGE SYSTEM, WHICH
26 MAY INCLUDE:
27 (I) DOCUMENTS OR DATA RELATING TO COMPUTER HARDWARE,
28 SOURCE FILES, SOFTWARE AND SYSTEM NETWORKS THAT COULD
29 JEOPARDIZE COMPUTER SECURITY BY EXPOSING A VULNERABILITY
30 IN PREVENTING, PROTECTING AGAINST, MITIGATING OR
20070S0001B1726 - 74 -
1 RESPONDING TO A TERRORIST ACT;
2 (II) LISTS OF INFRASTRUCTURE, RESOURCES AND
3 SIGNIFICANT SPECIAL EVENTS, INCLUDING THOSE DEFINED BY
4 THE FEDERAL GOVERNMENT IN THE NATIONAL INFRASTRUCTURE
5 PROTECTIONS, WHICH ARE DEEMED CRITICAL DUE TO THEIR
6 NATURE AND WHICH RESULT FROM RISK ANALYSIS; THREAT
7 ASSESSMENTS; CONSEQUENCES ASSESSMENTS; ANTITERRORISM
8 PROTECTIVE MEASURES AND PLANS; COUNTERTERRORISM MEASURES
9 AND PLANS; AND SECURITY AND RESPONSE NEEDS ASSESSMENTS;
10 AND
11 (III) BUILDING PLANS OR INFRASTRUCTURE RECORDS THAT
12 EXPOSE OR CREATE VULNERABILITY THROUGH DISCLOSURE OF THE
13 LOCATION, CONFIGURATION OR SECURITY OF CRITICAL SYSTEMS,
14 INCLUDING PUBLIC UTILITY SYSTEMS, STRUCTURAL ELEMENTS,
15 TECHNOLOGY, COMMUNICATION, ELECTRICAL, FIRE SUPPRESSION,
16 VENTILATION, WATER, WASTEWATER, SEWAGE AND GAS SYSTEMS.
17 (4) A RECORD REGARDING COMPUTER HARDWARE, SOFTWARE AND
18 NETWORKS, INCLUDING ADMINISTRATIVE OR TECHNICAL RECORDS,
19 WHICH, IF DISCLOSED, WOULD BE REASONABLY LIKELY TO JEOPARDIZE
20 COMPUTER SECURITY.
21 (5) A RECORD OF AN INDIVIDUAL'S MEDICAL, PSYCHIATRIC OR
22 PSYCHOLOGICAL HISTORY OR DISABILITY STATUS, INCLUDING AN
23 EVALUATION, CONSULTATION, PRESCRIPTION, DIAGNOSIS OR
24 TREATMENT; RESULTS OF TESTS, INCLUDING DRUG TESTS; ENROLLMENT
25 IN A HEALTH CARE PROGRAM OR PROGRAM DESIGNED FOR
26 PARTICIPATION BY PERSONS WITH DISABILITIES, INCLUDING
27 VOCATION REHABILITATION, WORKERS' COMPENSATION AND
28 UNEMPLOYMENT COMPENSATION; OR RELATED INFORMATION THAT WOULD
29 DISCLOSE INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION.
30 (6) (I) THE FOLLOWING PERSONAL IDENTIFICATION
20070S0001B1726 - 75 -
1 INFORMATION:
2 (A) A RECORD CONTAINING ALL OR PART OF A
3 PERSON'S SOCIAL SECURITY NUMBER; DRIVER'S LICENSE
4 NUMBER; PERSONAL FINANCIAL INFORMATION; HOME,
5 CELLULAR OR PERSONAL TELEPHONE NUMBERS; PERSONAL E-
6 MAIL ADDRESSES; EMPLOYEE NUMBER OR OTHER CONFIDENTIAL
7 PERSONAL IDENTIFICATION NUMBER.
8 (B) A SPOUSE'S NAME; MARITAL STATUS, BENEFICIARY
9 OR DEPENDENT INFORMATION.
10 (C) THE HOME ADDRESS OF A LAW ENFORCEMENT
11 OFFICER OR JUDGE.
12 (II) NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE
13 RELEASE OF THE NAME, POSITION, SALARY, ACTUAL
14 COMPENSATION OR OTHER PAYMENTS OR EXPENSES, EMPLOYMENT
15 CONTRACT, EMPLOYMENT-RELATED CONTRACT OR AGREEMENT AND
16 LENGTH OF SERVICE OF A PUBLIC OFFICIAL OR AN AGENCY
17 EMPLOYEE.
18 (III) AN AGENCY MAY REDACT THE NAME OR OTHER
19 IDENTIFYING INFORMATION RELATING TO AN INDIVIDUAL
20 PERFORMING AN UNDERCOVER OR COVERT LAW ENFORCEMENT
21 ACTIVITY FROM A RECORD.
22 (7) THE FOLLOWING RECORDS RELATING TO AN AGENCY
23 EMPLOYEE:
24 (I) A LETTER OF REFERENCE OR RECOMMENDATION
25 PERTAINING TO THE CHARACTER OR QUALIFICATIONS OF AN
26 IDENTIFIABLE INDIVIDUAL, UNLESS IT WAS PREPARED IN
27 RELATION TO THE APPOINTMENT OF AN INDIVIDUAL TO FILL A
28 VACANCY IN AN ELECTED OFFICE OR AN APPOINTED OFFICE
29 REQUIRING SENATE CONFIRMATION.
30 (II) A PERFORMANCE RATING OR REVIEW.
20070S0001B1726 - 76 -
1 (III) THE RESULT OF A CIVIL SERVICE OR SIMILAR TEST
2 ADMINISTERED BY A COMMONWEALTH AGENCY, LEGISLATIVE AGENCY
3 OR JUDICIAL AGENCY. THE RESULT OF A CIVIL SERVICE OR
4 SIMILAR TEST ADMINISTERED BY A LOCAL AGENCY SHALL NOT BE
5 DISCLOSED IF RESTRICTED BY A COLLECTIVE BARGAINING
6 AGREEMENT. ONLY TEST SCORES OF INDIVIDUALS WHO OBTAINED A
7 PASSING SCORE ON A TEST ADMINISTERED BY A LOCAL AGENCY
8 MAY BE DISCLOSED.
9 (IV) THE EMPLOYMENT APPLICATION OF AN INDIVIDUAL WHO
10 IS NOT HIRED BY THE AGENCY.
11 (V) WORKPLACE SUPPORT SERVICES PROGRAM INFORMATION.
12 (VI) WRITTEN CRITICISMS OF AN EMPLOYEE.
13 (VII) GRIEVANCE MATERIAL, INCLUDING DOCUMENTS
14 RELATED TO DISCRIMINATION OR SEXUAL HARASSMENT.
15 (VIII) INFORMATION REGARDING DISCIPLINE, DEMOTION OR
16 DISCHARGE CONTAINED IN A PERSONNEL FILE. THIS
17 SUBPARAGRAPH SHALL NOT APPLY TO THE FINAL ACTION OF AN
18 AGENCY THAT RESULTS IN DEMOTION OR DISCHARGE.
19 (IX) AN ACADEMIC TRANSCRIPT.
20 (8) (I) A RECORD PERTAINING TO STRATEGY OR NEGOTIATIONS
21 RELATING TO LABOR RELATIONS OR COLLECTIVE BARGAINING AND
22 RELATED ARBITRATION PROCEEDINGS. THIS SUBPARAGRAPH SHALL
23 NOT APPLY TO A FINAL OR EXECUTED CONTRACT OR AGREEMENT
24 BETWEEN THE PARTIES IN A COLLECTIVE BARGAINING PROCEDURE.
25 (II) IN THE CASE OF THE ARBITRATION OF A DISPUTE OR
26 GRIEVANCE UNDER A COLLECTIVE BARGAINING AGREEMENT, AN
27 EXHIBIT ENTERED INTO EVIDENCE AT AN ARBITRATION
28 PROCEEDING, A TRANSCRIPT OF THE ARBITRATION OR THE
29 OPINION. THIS SUBPARAGRAPH SHALL NOT APPLY TO THE FINAL
30 AWARD OR ORDER OF THE ARBITRATOR IN A DISPUTE OR
20070S0001B1726 - 77 -
1 GRIEVANCE PROCEDURE.
2 (9) THE DRAFT OF A BILL, RESOLUTION, REGULATION,
3 STATEMENT OF POLICY, MANAGEMENT DIRECTIVE, ORDINANCE OR
4 AMENDMENT THERETO PREPARED BY OR FOR AN AGENCY.
5 (10) (I) A RECORD THAT REFLECTS:
6 (A) THE INTERNAL, PREDECISIONAL DELIBERATIONS OF
7 AN AGENCY, ITS MEMBERS, EMPLOYEES OR OFFICIALS OR
8 PREDECISIONAL DELIBERATIONS BETWEEN AGENCY MEMBERS,
9 EMPLOYEES OR OFFICIALS AND MEMBERS, EMPLOYEES OR
10 OFFICIALS OF ANOTHER AGENCY, INCLUDING PREDECISIONAL
11 DELIBERATIONS RELATING TO A BUDGET RECOMMENDATION,
12 LEGISLATIVE PROPOSAL, LEGISLATIVE AMENDMENT,
13 CONTEMPLATED OR PROPOSED POLICY OR COURSE OF ACTION
14 OR ANY RESEARCH, MEMOS OR OTHER DOCUMENTS USED IN THE
15 PREDECISIONAL DELIBERATIONS.
16 (B) THE STRATEGY TO BE USED TO DEVELOP OR
17 ACHIEVE THE SUCCESSFUL ADOPTION OF A BUDGET,
18 LEGISLATIVE PROPOSAL OR REGULATION.
19 (II) SUBPARAGRAPH (I)(A) SHALL APPLY TO AGENCIES
20 SUBJECT TO 65 PA.C.S. CH. 7 (RELATING TO OPEN MEETINGS)
21 IN A MANNER CONSISTENT WITH 65 PA.C.S. CH. 7. A RECORD <--
22 PRESENTED TO A QUORUM FOR DELIBERATION IN ACCORDANCE WITH
23 65 PA.C.S. CH. 7 SHALL BE A PUBLIC RECORD.
24 (III) THIS PARAGRAPH SHALL NOT APPLY TO A WRITTEN OR
25 INTERNET APPLICATION OR OTHER DOCUMENT THAT HAS BEEN
26 SUBMITTED TO REQUEST COMMONWEALTH FUNDS.
27 (IV) THIS PARAGRAPH SHALL NOT APPLY TO THE RESULTS
28 OF PUBLIC OPINION SURVEYS, POLLS, FOCUS GROUPS, MARKETING
29 RESEARCH OR SIMILAR EFFORT DESIGNED TO MEASURE PUBLIC
30 OPINION.
20070S0001B1726 - 78 -
1 (11) A RECORD THAT CONSTITUTES OR REVEALS A TRADE SECRET
2 OR CONFIDENTIAL PROPRIETARY INFORMATION.
3 (12) NOTES AND WORKING PAPERS PREPARED BY OR FOR A
4 PUBLIC OFFICIAL OR AGENCY EMPLOYEE USED SOLELY FOR THAT
5 OFFICIAL'S OR EMPLOYEE'S OWN PERSONAL USE, INCLUDING
6 TELEPHONE MESSAGE SLIPS, ROUTING SLIPS AND OTHER MATERIALS
7 THAT DO NOT HAVE AN OFFICIAL PURPOSE.
8 (13) RECORDS THAT WOULD DISCLOSE THE IDENTITY OF AN
9 INDIVIDUAL WHO LAWFULLY MAKES A DONATION TO AN AGENCY UNLESS
10 THE DONATION IS INTENDED FOR OR RESTRICTED TO PROVIDING
11 REMUNERATION OR PERSONAL TANGIBLE BENEFIT TO A NAMED PUBLIC
12 OFFICIAL OR EMPLOYEE OF THE AGENCY, INCLUDING LISTS OF
13 POTENTIAL DONORS COMPILED BY AN AGENCY TO PURSUE DONATIONS,
14 DONOR PROFILE INFORMATION OR PERSONAL IDENTIFYING INFORMATION
15 RELATING TO A DONOR.
16 (14) UNPUBLISHED LECTURE NOTES, UNPUBLISHED MANUSCRIPTS,
17 UNPUBLISHED ARTICLES, CREATIVE WORKS IN PROGRESS, RESEARCH-
18 RELATED MATERIAL AND SCHOLARLY CORRESPONDENCE OF A COMMUNITY
19 COLLEGE OR AN INSTITUTION OF THE STATE SYSTEM OF HIGHER
20 EDUCATION OR A FACULTY MEMBER, STAFF EMPLOYEE, GUEST SPEAKER
21 OR STUDENT THEREOF.
22 (15) EXAMINATION QUESTIONS, SCORING KEYS OR ANSWERS TO
23 AN EXAMINATION, INCLUDING QUESTIONS, KEYS AND ANSWERS OF ON <--
24 TESTS IN PRIMARY AND SECONDARY SCHOOLS AND INSTITUTIONS OF
25 HIGHER EDUCATION.
26 (16) A RECORD OF AN AGENCY RELATING TO OR RESULTING IN A
27 CRIMINAL INVESTIGATION, INCLUDING:
28 (I) COMPLAINTS OF POTENTIAL CRIMINAL CONDUCT OTHER
29 THAN A PRIVATE CRIMINAL COMPLAINT.
30 (II) INVESTIGATIVE MATERIALS, NOTES, CORRESPONDENCE,
20070S0001B1726 - 79 -
1 VIDEOS AND REPORTS.
2 (III) A RECORD THAT INCLUDES THE IDENTITY OF A
3 CONFIDENTIAL SOURCE OR THE IDENTITY OF A SUSPECT WHO HAS
4 NOT BEEN CHARGED WITH AN OFFENSE TO WHOM CONFIDENTIALITY
5 HAS BEEN PROMISED.
6 (IV) A RECORD THAT INCLUDES INFORMATION MADE
7 CONFIDENTIAL BY LAW OR COURT ORDER.
8 (V) VICTIM INFORMATION, INCLUDING ANY INFORMATION
9 THAT WOULD JEOPARDIZE THE SAFETY OF THE VICTIM.
10 (VI) A RECORD THAT, IF DISCLOSED, WOULD DO ANY OF
11 THE FOLLOWING:
12 (A) REVEAL THE INSTITUTION, PROGRESS OR RESULT
13 OF A CRIMINAL INVESTIGATION, EXCEPT THE FILING OF
14 CRIMINAL CHARGES.
15 (B) DEPRIVE A PERSON OF THE RIGHT TO A FAIR
16 TRIAL OR AN IMPARTIAL ADJUDICATION.
17 (C) IMPAIR THE ABILITY TO LOCATE A DEFENDANT OR
18 CODEFENDANT.
19 (D) HINDER AN AGENCY'S ABILITY TO SECURE AN
20 ARREST, PROSECUTION OR CONVICTION.
21 (E) ENDANGER THE LIFE OR PHYSICAL SAFETY OF AN
22 INDIVIDUAL.
23 THIS PARAGRAPH SHALL NOT APPLY TO INFORMATION CONTAINED IN A
24 POLICE BLOTTER AS DEFINED IN 18 PA.C.S. § 9102 (RELATING TO
25 DEFINITIONS) AND UTILIZED OR MAINTAINED BY THE PENNSYLVANIA
26 STATE POLICE, LOCAL, CAMPUS, TRANSIT OR PORT AUTHORITY POLICE
27 DEPARTMENT OR OTHER LAW ENFORCEMENT AGENCY OR IN A TRAFFIC
28 REPORT EXCEPT AS PROVIDED UNDER 75 PA.C.S. § 3754(B)
29 (RELATING TO ACCIDENT PREVENTION INVESTIGATIONS).
30 (17) A RECORD OF AN AGENCY RELATING TO A NONCRIMINAL
20070S0001B1726 - 80 -
1 INVESTIGATION, INCLUDING:
2 (I) COMPLAINTS SUBMITTED TO AN AGENCY.
3 (II) INVESTIGATIVE MATERIALS, NOTES, CORRESPONDENCE
4 AND REPORTS.
5 (III) A RECORD THAT INCLUDES THE IDENTITY OF A
6 CONFIDENTIAL SOURCE, INCLUDING INDIVIDUALS SUBJECT TO THE
7 ACT OF DECEMBER 12, 1986 (P.L.1559, NO.169), KNOWN AS THE
8 WHISTLEBLOWER LAW.
9 (IV) A RECORD THAT INCLUDES INFORMATION MADE
10 CONFIDENTIAL BY LAW.
11 (V) WORK PAPERS UNDERLYING AN AUDIT.
12 (VI) A RECORD THAT, IF DISCLOSED, WOULD DO ANY OF
13 THE FOLLOWING:
14 (A) REVEAL THE INSTITUTION, PROGRESS OR RESULT
15 OF AN AGENCY INVESTIGATION, EXCEPT THE IMPOSITION OF
16 A FINE OR CIVIL PENALTY, THE SUSPENSION, MODIFICATION
17 OR REVOCATION OF A LICENSE, PERMIT, REGISTRATION,
18 CERTIFICATION OR SIMILAR AUTHORIZATION ISSUED BY AN
19 AGENCY OR AN EXECUTED SETTLEMENT AGREEMENT UNLESS THE
20 AGREEMENT IS DETERMINED TO BE CONFIDENTIAL BY A
21 COURT.
22 (B) DEPRIVE A PERSON OF THE RIGHT TO AN
23 IMPARTIAL ADJUDICATION.
24 (C) CONSTITUTE AN UNWARRANTED INVASION OF
25 PRIVACY.
26 (D) HINDER AN AGENCY'S ABILITY TO SECURE AN
27 ADMINISTRATIVE OR CIVIL SANCTION.
28 (E) ENDANGER THE LIFE OR PHYSICAL SAFETY OF AN
29 INDIVIDUAL.
30 (18) (I) RECORDS OR PARTS OF RECORDS, EXCEPT TIME
20070S0001B1726 - 81 -
1 RESPONSE LOGS, PERTAINING TO AUDIO RECORDINGS, TELEPHONE
2 OR RADIO TRANSMISSIONS RECEIVED BY EMERGENCY DISPATCH
3 PERSONNEL, INCLUDING 911 RECORDINGS.
4 (II) THIS PARAGRAPH SHALL NOT APPLY TO A 911
5 RECORDING OR A TRANSCRIPT OF A 911 RECORDING IF THE
6 AGENCY OR A COURT DETERMINES THAT THE PUBLIC INTEREST IN
7 DISCLOSURE OUTWEIGHS THE INTEREST IN NONDISCLOSURE.
8 (19) DNA AND RNA RECORDS.
9 (20) AN AUTOPSY RECORD OF A CORONER OR MEDICAL EXAMINER
10 AND ANY AUDIOTAPE OF A POSTMORTEM EXAMINATION OR AUTOPSY, OR
11 A COPY, REPRODUCTION OR FACSIMILE OF AN AUTOPSY REPORT, A
12 PHOTOGRAPH, NEGATIVE OR PRINT, INCLUDING A PHOTOGRAPH OR
13 VIDEOTAPE OF THE BODY OR ANY PORTION OF THE BODY OF A
14 DECEASED PERSON AT THE SCENE OF DEATH OR IN THE COURSE OF A
15 POSTMORTEM EXAMINATION OR AUTOPSY TAKEN OR MADE BY OR CAUSED
16 TO BE TAKEN OR MADE BY THE CORONER OR MEDICAL EXAMINER. THIS
17 EXCEPTION SHALL NOT LIMIT THE REPORTING OF THE NAME OF THE
18 DECEASED INDIVIDUAL AND THE CAUSE AND MANNER OF DEATH.
19 (21) (I) DRAFT MINUTES OF ANY MEETING OF AN AGENCY
20 UNTIL THE NEXT REGULARLY SCHEDULED MEETING OF THE AGENCY.
21 (II) MINUTES OF AN EXECUTIVE SESSION AND ANY RECORD
22 OF DISCUSSIONS HELD IN EXECUTIVE SESSION.
23 (22) (I) THE CONTENTS OF REAL ESTATE APPRAISALS,
24 ENGINEERING OR FEASIBILITY ESTIMATES, ENVIRONMENTAL
25 REVIEWS, AUDITS OR EVALUATIONS MADE FOR OR BY AN AGENCY
26 RELATIVE TO THE FOLLOWING:
27 (A) THE LEASING, ACQUIRING OR DISPOSING OF REAL
28 PROPERTY OR AN INTEREST IN REAL PROPERTY.
29 (B) THE PURCHASE OF PUBLIC SUPPLIES OR EQUIPMENT
30 INCLUDED IN THE REAL ESTATE TRANSACTION.
20070S0001B1726 - 82 -
1 (C) CONSTRUCTION PROJECTS.
2 (II) THIS PARAGRAPH SHALL NOT APPLY ONCE THE
3 DECISION IS MADE TO PROCEED WITH THE LEASE, ACQUISITION
4 OR DISPOSAL OF REAL PROPERTY OR AN INTEREST IN REAL
5 PROPERTY OR THE PURCHASE OF PUBLIC SUPPLY OR CONSTRUCTION
6 PROJECT.
7 (23) LIBRARY AND ARCHIVE CIRCULATION AND ORDER RECORDS
8 OF AN IDENTIFIABLE INDIVIDUAL OR GROUPS OF INDIVIDUALS.
9 (24) LIBRARY ARCHIVED AND MUSEUM MATERIALS, OR VALUABLE
10 OR RARE BOOK COLLECTIONS OR DOCUMENTS CONTRIBUTED BY GIFT,
11 GRANT, BEQUEST OR DEVISE, TO THE EXTENT OF ANY LIMITATIONS
12 IMPOSED BY THE DONOR AS A CONDITION OF THE CONTRIBUTION.
13 (25) A RECORD IDENTIFYING THE LOCATION OF AN
14 ARCHEOLOGICAL SITE OR AN ENDANGERED OR THREATENED PLANT OR
15 ANIMAL SPECIES IF NOT ALREADY KNOWN TO THE GENERAL PUBLIC.
16 (26) A PROPOSAL PERTAINING TO AGENCY PROCUREMENT OR
17 DISPOSAL OF SUPPLIES, SERVICES OR CONSTRUCTION PRIOR TO THE
18 AWARD OF THE CONTRACT OR PRIOR TO THE OPENING AND REJECTION
19 OF ALL BIDS; FINANCIAL INFORMATION OF A BIDDER OR OFFEROR
20 REQUESTED IN AN INVITATION FOR BID OR REQUEST FOR PROPOSALS
21 TO DEMONSTRATE THE BIDDER'S OR OFFEROR'S ECONOMIC CAPABILITY;
22 OR THE IDENTITY OF MEMBERS, NOTES AND OTHER RECORDS OF AGENCY
23 PROPOSAL EVALUATION COMMITTEES ESTABLISHED UNDER 62 PA.C.S. §
24 513 (RELATING TO COMPETITIVE SEALED PROPOSALS).
25 (27) A RECORD OR INFORMATION RELATING TO A COMMUNICATION
26 BETWEEN AN AGENCY AND ITS INSURANCE CARRIER, ADMINISTRATIVE
27 SERVICE ORGANIZATION OR RISK MANAGEMENT OFFICE. THIS
28 PARAGRAPH SHALL NOT APPLY TO A CONTRACT WITH AN INSURANCE
29 CARRIER, ADMINISTRATIVE SERVICE ORGANIZATION OR RISK
30 MANAGEMENT OFFICE OR TO FINANCIAL RECORDS RELATING TO THE
20070S0001B1726 - 83 -
1 PROVISION OF INSURANCE.
2 (28) A RECORD OR INFORMATION:
3 (I) IDENTIFYING AN INDIVIDUAL WHO APPLIES FOR OR
4 RECEIVES SOCIAL SERVICES; OR
5 (II) RELATING TO THE FOLLOWING:
6 (A) THE TYPE OF SOCIAL SERVICES RECEIVED BY AN
7 INDIVIDUAL;
8 (B) AN INDIVIDUAL'S APPLICATION TO RECEIVE
9 SOCIAL SERVICES, INCLUDING A RECORD OR INFORMATION
10 RELATED TO AN AGENCY DECISION TO GRANT, DENY, REDUCE
11 OR RESTRICT BENEFITS, INCLUDING A QUASI-JUDICIAL
12 DECISION OF THE AGENCY AND THE IDENTITY OF A
13 CAREGIVER OR OTHERS WHO PROVIDE SERVICES TO THE
14 INDIVIDUAL; OR
15 (C) ELIGIBILITY TO RECEIVE SOCIAL SERVICES,
16 INCLUDING THE INDIVIDUAL'S INCOME, ASSETS, PHYSICAL
17 OR MENTAL HEALTH, AGE, DISABILITY, FAMILY
18 CIRCUMSTANCES OR RECORD OF ABUSE.
19 (29) CORRESPONDENCE BETWEEN A PERSON AND A MEMBER OF THE
20 GENERAL ASSEMBLY AND RECORDS ACCOMPANYING THE CORRESPONDENCE
21 WHICH WOULD IDENTIFY A PERSON THAT REQUESTS ASSISTANCE OR
22 CONSTITUENT SERVICES. THIS PARAGRAPH SHALL NOT APPLY TO
23 CORRESPONDENCE BETWEEN A MEMBER OF THE GENERAL ASSEMBLY AND A
24 PRINCIPAL OR LOBBYIST UNDER 65 PA.C.S. CH. 13A (RELATING TO
25 LOBBYIST DISCLOSURE).
26 (C) FINANCIAL RECORDS.--THE EXCEPTIONS SET FORTH IN
27 SUBSECTION (B) SHALL NOT APPLY TO FINANCIAL RECORDS, EXCEPT FOR
28 FINANCIAL RECORDS PROTECTED UNDER SUBSECTION (B)(1), (2), (3),
29 (4) OR (5) OR PERSONAL FINANCIAL INFORMATION. AN AGENCY SHALL
30 REDACT THAT PORTION OF A FINANCIAL RECORD WHICH WOULD DISCLOSE
20070S0001B1726 - 84 -
1 INFORMATION PROTECTED UNDER SUBSECTION (B)(6). AN AGENCY SHALL
2 NOT DISCLOSE THE IDENTITY OF AN INDIVIDUAL PERFORMING AN
3 UNDERCOVER OR COVERT LAW ENFORCEMENT ACTIVITY OR OTHER
4 NONFINANCIAL INFORMATION PROTECTED UNDER SUBSECTION (B)(16) OR
5 (17).
6 (D) AGGREGATED DATA.--THE EXCEPTIONS SET FORTH IN SUBSECTION
7 (B) SHALL NOT APPLY TO AGGREGATED DATA MAINTAINED OR RECEIVED BY
8 AN AGENCY, EXCEPT FOR DATA PROTECTED UNDER SUBSECTION (B)(1),
9 (2), (3), (4) OR (5).
10 CHAPTER 9
11 AGENCY RESPONSE
12 SECTION 901. GENERAL RULE.
13 UPON RECEIPT OF A WRITTEN REQUEST FOR ACCESS TO A RECORD, AN
14 AGENCY SHALL MAKE A GOOD FAITH EFFORT TO DETERMINE IF THE RECORD
15 REQUESTED IS A PUBLIC RECORD, LEGISLATIVE RECORD OR FINANCIAL
16 RECORD AND WHETHER THE AGENCY HAS POSSESSION, CUSTODY OR CONTROL
17 OF THE IDENTIFIED RECORD, AND TO RESPOND AS PROMPTLY AS POSSIBLE
18 UNDER THE CIRCUMSTANCES EXISTING AT THE TIME OF THE REQUEST. ALL
19 APPLICABLE FEES SHALL BE PAID IN ORDER TO RECEIVE ACCESS TO THE
20 RECORD REQUESTED. THE TIME FOR RESPONSE SHALL NOT EXCEED FIVE
21 BUSINESS DAYS FROM THE DATE THE WRITTEN REQUEST IS RECEIVED BY
22 THE OPEN-RECORDS OFFICER FOR AN AGENCY. IF THE AGENCY FAILS TO
23 SEND THE RESPONSE WITHIN FIVE BUSINESS DAYS OF RECEIPT OF THE
24 WRITTEN REQUEST FOR ACCESS, THE WRITTEN REQUEST FOR ACCESS SHALL
25 BE DEEMED DENIED.
26 SECTION 902. EXTENSION OF TIME.
27 (A) DETERMINATION.--UPON RECEIPT OF A WRITTEN REQUEST FOR
28 ACCESS, THE OPEN-RECORDS OFFICER FOR AN AGENCY SHALL DETERMINE
29 IF ONE OF THE FOLLOWING APPLIES:
30 (1) THE REQUEST FOR ACCESS REQUIRES REDACTION OF A
20070S0001B1726 - 85 -
1 RECORD IN ACCORDANCE WITH SECTION 706;
2 (2) THE REQUEST FOR ACCESS REQUIRES THE RETRIEVAL OF A
3 RECORD STORED IN A REMOTE LOCATION;
4 (3) A TIMELY RESPONSE TO THE REQUEST FOR ACCESS CANNOT
5 BE ACCOMPLISHED DUE TO BONA FIDE AND SPECIFIED STAFFING
6 LIMITATIONS;
7 (4) A LEGAL REVIEW IS NECESSARY TO DETERMINE WHETHER THE
8 RECORD IS A RECORD SUBJECT TO ACCESS UNDER THIS ACT;
9 (5) THE REQUESTER HAS NOT COMPLIED WITH THE COMMONWEALTH <--
10 AGENCY'S POLICIES REGARDING ACCESS TO RECORDS;
11 (6) THE REQUESTER REFUSES TO PAY APPLICABLE FEES
12 AUTHORIZED BY THIS ACT; OR
13 (7) THE EXTENT OR NATURE OF THE REQUEST PRECLUDES A
14 RESPONSE WITHIN THE REQUIRED TIME PERIOD.
15 (B) NOTICE.--
16 (1) UPON A DETERMINATION THAT ONE OF THE FACTORS LISTED
17 IN SUBSECTION (A) APPLIES, THE OPEN-RECORDS OFFICER SHALL
18 SEND WRITTEN NOTICE TO THE REQUESTER WITHIN FIVE BUSINESS
19 DAYS OF RECEIPT OF THE REQUEST FOR ACCESS UNDER SUBSECTION
20 (A).
21 (2) THE NOTICE SHALL INCLUDE A STATEMENT NOTIFYING THE
22 REQUESTER THAT THE REQUEST FOR ACCESS IS BEING REVIEWED, THE
23 REASON FOR THE REVIEW, A REASONABLE DATE THAT A RESPONSE IS
24 EXPECTED TO BE PROVIDED AND AN ESTIMATE OF APPLICABLE FEES
25 OWED WHEN THE RECORD BECOMES AVAILABLE. IF THE DATE THAT A
26 RESPONSE IS EXPECTED TO BE PROVIDED IS IN EXCESS OF 30 DAYS,
27 FOLLOWING THE FIVE BUSINESS DAYS ALLOWED FOR IN SECTION 901,
28 THE REQUEST FOR ACCESS SHALL BE DEEMED DENIED UNLESS THE
29 REQUESTER HAS AGREED IN WRITING TO AN EXTENSION TO THE DATE
30 SPECIFIED IN THE NOTICE.
20070S0001B1726 - 86 -
1 (3) IF THE REQUESTER AGREES TO THE EXTENSION, THE
2 REQUEST SHALL BE DEEMED DENIED ON THE DAY FOLLOWING THE DATE
3 SPECIFIED IN THE NOTICE IF THE AGENCY HAS NOT PROVIDED A
4 RESPONSE BY THAT DATE.
5 SECTION 903. DENIAL.
6 IF AN AGENCY'S RESPONSE IS A DENIAL OF A WRITTEN REQUEST FOR
7 ACCESS, WHETHER IN WHOLE OR IN PART, THE DENIAL SHALL BE ISSUED
8 IN WRITING AND SHALL INCLUDE:
9 (1) A DESCRIPTION OF THE RECORD REQUESTED.
10 (2) THE SPECIFIC REASONS FOR THE DENIAL, INCLUDING A
11 CITATION OF SUPPORTING LEGAL AUTHORITY.
12 (3) THE TYPED OR PRINTED NAME, TITLE, BUSINESS ADDRESS,
13 BUSINESS TELEPHONE NUMBER AND SIGNATURE OF THE OPEN-RECORDS
14 OFFICER ON WHOSE AUTHORITY THE DENIAL IS ISSUED.
15 (4) DATE OF THE RESPONSE.
16 (5) THE PROCEDURE TO APPEAL THE DENIAL OF ACCESS UNDER
17 THIS ACT.
18 SECTION 904. CERTIFIED COPIES.
19 IF AN AGENCY'S RESPONSE GRANTS A REQUEST FOR ACCESS, THE
20 AGENCY SHALL, UPON REQUEST, PROVIDE THE REQUESTER WITH A
21 CERTIFIED COPY OF THE RECORD IF THE REQUESTER PAYS THE
22 APPLICABLE FEES UNDER SECTION 1307.
23 SECTION 905. RECORD DISCARD.
24 IF AN AGENCY RESPONSE TO A REQUESTER STATES THAT COPIES OF
25 THE REQUESTED RECORDS ARE AVAILABLE FOR DELIVERY AT THE OFFICE
26 OF AN AGENCY AND THE REQUESTER FAILS TO RETRIEVE THE RECORDS
27 WITHIN 60 DAYS OF THE AGENCY'S RESPONSE, THE AGENCY MAY DISPOSE
28 OF ANY COPIES WHICH HAVE NOT BEEN RETRIEVED AND RETAIN ANY FEES
29 PAID TO DATE.
30 CHAPTER 11
20070S0001B1726 - 87 -
1 APPEAL OF AGENCY DETERMINATION
2 SECTION 1101. FILING OF APPEAL.
3 (A) AUTHORIZATION.--
4 (1) IF A WRITTEN REQUEST FOR ACCESS TO A RECORD IS
5 DENIED OR DEEMED DENIED, THE REQUESTER MAY FILE AN APPEAL
6 WITH THE OFFICE OF OPEN RECORDS OR JUDICIAL, LEGISLATIVE OR
7 OTHER APPEALS OFFICER DESIGNATED UNDER SECTION 503(D) WITHIN
8 15 BUSINESS DAYS OF THE MAILING DATE OF THE AGENCY'S RESPONSE
9 OR WITHIN 15 BUSINESS DAYS OF A DEEMED DENIAL. THE APPEAL
10 SHALL STATE THE GROUNDS UPON WHICH THE REQUESTER ASSERTS THAT
11 THE RECORD IS A PUBLIC RECORD, LEGISLATIVE RECORD OR
12 FINANCIAL RECORD AND SHALL ADDRESS ANY GROUNDS STATED BY THE
13 AGENCY FOR DELAYING OR DENYING THE REQUEST.
14 (2) IN EXCEPT AS PROVIDED IN SECTION 503(D), IN THE CASE <--
15 OF AN APPEAL OF A DECISION BY A COMMONWEALTH AGENCY OR LOCAL
16 AGENCY, THE OFFICE OF OPEN RECORDS SHALL ASSIGN AN APPEALS
17 OFFICER TO REVIEW THE DENIAL.
18 (B) DETERMINATION.--
19 (1) UNLESS THE REQUESTER AGREES OTHERWISE, THE APPEALS
20 OFFICER SHALL MAKE A FINAL DETERMINATION WHICH SHALL BE
21 MAILED TO THE REQUESTER AND THE AGENCY WITHIN 30 DAYS OF
22 RECEIPT OF THE APPEAL FILED UNDER SUBSECTION (A).
23 (2) IF THE APPEALS OFFICER FAILS TO ISSUE A FINAL
24 DETERMINATION WITHIN 30 DAYS, THE APPEAL IS DEEMED DENIED.
25 (3) PRIOR TO ISSUING A FINAL DETERMINATION, A HEARING
26 MAY BE CONDUCTED. THE DETERMINATION BY THE APPEALS OFFICER
27 SHALL BE A FINAL ORDER. THE APPEALS OFFICER SHALL PROVIDE A
28 WRITTEN EXPLANATION OF THE REASON FOR THE DECISION TO THE
29 REQUESTER AND THE AGENCY.
30 (C) DIRECT INTEREST.--
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1 (1) A PERSON OTHER THAN THE AGENCY OR REQUESTER WITH A
2 DIRECT INTEREST IN THE RECORD SUBJECT TO AN APPEAL UNDER THIS
3 SECTION MAY, WITHIN 15 DAYS FOLLOWING RECEIPT OF ACTUAL
4 KNOWLEDGE OF THE APPEAL BUT NO LATER THAN THE DATE THE
5 APPEALS OFFICER ISSUES AN ORDER, FILE A WRITTEN REQUEST TO
6 PROVIDE INFORMATION OR TO APPEAR BEFORE THE APPEALS OFFICER
7 OR TO FILE INFORMATION IN SUPPORT OF THE REQUESTER'S OR
8 AGENCY'S POSITION.
9 (2) THE APPEALS OFFICER MAY GRANT A REQUEST UNDER
10 PARAGRAPH (1) IF:
11 (I) NO HEARING HAS BEEN HELD;
12 (II) THE APPEALS OFFICER HAS NOT YET ISSUED ITS
13 ORDER; AND
14 (III) THE APPEALS OFFICER BELIEVES THE INFORMATION
15 WILL BE PROBATIVE.
16 (3) COPIES OF THE WRITTEN REQUEST SHALL BE SENT TO THE
17 AGENCY AND THE REQUESTER.
18 SECTION 1102. APPEALS OFFICERS.
19 (A) DUTIES.--AN APPEALS OFFICER DESIGNATED UNDER SECTION 503
20 SHALL DO ALL OF THE FOLLOWING:
21 (1) SET A SCHEDULE FOR THE REQUESTER AND THE OPEN-
22 RECORDS OFFICER TO SUBMIT DOCUMENTS IN SUPPORT OF THEIR
23 POSITIONS.
24 (2) REVIEW ALL INFORMATION FILED RELATING TO THE
25 REQUEST. THE APPEALS OFFICER MAY HOLD A HEARING. A DECISION
26 TO HOLD OR NOT TO HOLD A HEARING IS NOT APPEALABLE. THE
27 APPEALS OFFICER MAY ADMIT INTO EVIDENCE TESTIMONY, EVIDENCE
28 AND DOCUMENTS THAT THE APPEALS OFFICER BELIEVES TO BE
29 REASONABLY PROBATIVE AND RELEVANT TO AN ISSUE IN DISPUTE. THE
30 APPEALS OFFICER MAY LIMIT THE NATURE AND EXTENT OF EVIDENCE
20070S0001B1726 - 89 -
1 FOUND TO BE CUMULATIVE.
2 (3) CONSULT WITH AGENCY COUNSEL AS APPROPRIATE.
3 (4) ISSUE A FINAL DETERMINATION ON BEHALF OF THE OFFICE
4 OF OPEN RECORDS OR OTHER AGENCY.
5 (B) PROCEDURES.--THE OFFICE OF OPEN RECORDS, A JUDICIAL
6 AGENCY, A LEGISLATIVE AGENCY, THE ATTORNEY GENERAL, AUDITOR
7 GENERAL, STATE TREASURER OR DISTRICT ATTORNEY MAY ADOPT
8 PROCEDURES RELATING TO APPEALS UNDER THIS CHAPTER.
9 (1) IF AN APPEAL IS RESOLVED WITHOUT A HEARING, 1 PA.
10 CODE PT. II (RELATING TO GENERAL RULES OF ADMINISTRATIVE
11 PRACTICE AND PROCEDURE) DOES NOT APPLY EXCEPT TO THE EXTENT
12 THAT THE AGENCY HAS ADOPTED THESE CHAPTERS IN ITS REGULATIONS
13 OR RULES UNDER THIS SUBSECTION.
14 (2) IF A HEARING IS HELD, 1 PA. CODE PT. II SHALL APPLY
15 UNLESS THE AGENCY OR THE LEGISLATIVE AGENCY HAS ADOPTED <--
16 REGULATIONS, POLICIES OR PROCEDURES TO THE CONTRARY UNDER
17 THIS SUBSECTION.
18 (3) IN THE ABSENCE OF A REGULATION, POLICY OR PROCEDURE
19 GOVERNING APPEALS UNDER THIS CHAPTER, THE APPEALS OFFICER
20 SHALL RULE ON PROCEDURAL MATTERS ON THE BASIS OF JUSTICE,
21 FAIRNESS AND THE EXPEDITIOUS RESOLUTION OF THE DISPUTE.
22 CHAPTER 13
23 JUDICIAL REVIEW
24 SECTION 1301. COMMONWEALTH AGENCIES, LEGISLATIVE AGENCIES AND
25 JUDICIAL AGENCIES.
26 (A) GENERAL RULE.--WITHIN 30 DAYS OF THE MAILING DATE OF THE
27 FINAL DETERMINATION OF THE APPEALS OFFICER RELATING TO A
28 DECISION OF A COMMONWEALTH AGENCY, A LEGISLATIVE AGENCY OR A
29 JUDICIAL AGENCY ISSUED UNDER SECTION 1101(B) OR THE DATE A
30 REQUEST FOR ACCESS IS DEEMED DENIED, A REQUESTER OR THE AGENCY
20070S0001B1726 - 90 -
1 MAY FILE A PETITION FOR REVIEW OR OTHER DOCUMENT AS MIGHT BE
2 REQUIRED BY RULE OF COURT WITH THE COMMONWEALTH COURT. THE
3 DECISION OF THE COURT SHALL CONTAIN FINDINGS OF FACT AND
4 CONCLUSIONS OF LAW BASED UPON THE EVIDENCE AS A WHOLE. THE
5 DECISION SHALL CLEARLY AND CONCISELY EXPLAIN THE RATIONALE FOR
6 THE DECISION.
7 (B) STAY.--A PETITION FOR REVIEW UNDER THIS SECTION SHALL
8 STAY THE RELEASE OF DOCUMENTS UNTIL A DECISION UNDER SUBSECTION
9 (A) IS ISSUED.
10 SECTION 1302. LOCAL AGENCIES.
11 (A) GENERAL RULE.--WITHIN 30 DAYS OF THE MAILING DATE OF THE
12 FINAL DETERMINATION OF THE APPEALS OFFICER RELATING TO A
13 DECISION OF A LOCAL AGENCY ISSUED UNDER SECTION 1101(B) OR OF
14 THE DATE A REQUEST FOR ACCESS IS DEEMED DENIED, A REQUESTER OR
15 LOCAL AGENCY MAY FILE A PETITION FOR REVIEW OR OTHER DOCUMENT AS
16 REQUIRED BY RULE OF COURT WITH THE COURT OF COMMON PLEAS FOR THE
17 COUNTY WHERE THE LOCAL AGENCY IS LOCATED. THE DECISION OF THE
18 COURT SHALL CONTAIN FINDINGS OF FACT AND CONCLUSIONS OF LAW
19 BASED UPON THE EVIDENCE AS A WHOLE. THE DECISION SHALL CLEARLY
20 AND CONCISELY EXPLAIN THE RATIONALE FOR THE DECISION.
21 (B) STAY.--A PETITION FOR REVIEW UNDER THIS SECTION SHALL
22 STAY THE RELEASE OF DOCUMENTS UNTIL A DECISION UNDER SUBSECTION
23 (A) IS ISSUED.
24 SECTION 1303. NOTICE AND RECORDS.
25 (A) NOTICE.--AN AGENCY, THE REQUESTER AND THE OFFICE OF OPEN
26 RECORDS OR DESIGNATED APPEALS OFFICER SHALL BE SERVED NOTICE OF
27 ACTIONS COMMENCED IN ACCORDANCE WITH SECTION 1301 OR 1302 AND
28 SHALL HAVE AN OPPORTUNITY TO RESPOND IN ACCORDANCE WITH
29 APPLICABLE COURT RULES.
30 (B) RECORD ON APPEAL.--THE RECORD BEFORE A COURT SHALL
20070S0001B1726 - 91 -
1 CONSIST OF THE REQUEST, THE AGENCY'S RESPONSE, THE APPEAL FILED
2 UNDER SECTION 1101, THE HEARING TRANSCRIPT, IF ANY, AND THE
3 FINAL WRITTEN DETERMINATION OF THE APPEALS OFFICER.
4 SECTION 1304. COURT COSTS AND ATTORNEY FEES.
5 (A) REVERSAL OF AGENCY DETERMINATION.--IF A COURT REVERSES
6 THE FINAL DETERMINATION OF THE APPEALS OFFICER OR GRANTS ACCESS
7 TO A RECORD AFTER A REQUEST FOR ACCESS WAS DEEMED DENIED, THE
8 COURT MAY AWARD REASONABLE ATTORNEY FEES AND COSTS OF LITIGATION
9 OR AN APPROPRIATE PORTION THEREOF TO A REQUESTER IF THE COURT
10 FINDS EITHER OF THE FOLLOWING:
11 (1) THE AGENCY RECEIVING THE ORIGINAL REQUEST WILLFULLY
12 OR WITH WANTON DISREGARD DEPRIVED THE REQUESTER OF ACCESS TO
13 A PUBLIC RECORD SUBJECT TO ACCESS OR OTHERWISE ACTED IN BAD
14 FAITH UNDER THE PROVISIONS OF THIS ACT; OR
15 (2) THE EXEMPTIONS, EXCLUSIONS OR DEFENSES ASSERTED BY
16 THE AGENCY IN ITS FINAL DETERMINATION WERE NOT BASED ON A
17 REASONABLE INTERPRETATION OF LAW.
18 (B) SANCTIONS FOR FRIVOLOUS REQUESTS OR APPEALS.--THE COURT
19 MAY AWARD REASONABLE ATTORNEY FEES AND COSTS OF LITIGATION OR AN
20 APPROPRIATE PORTION THEREOF TO AN AGENCY OR THE REQUESTER IF THE
21 COURT FINDS THAT THE LEGAL CHALLENGE UNDER THIS CHAPTER WAS
22 FRIVOLOUS.
23 (C) OTHER SANCTIONS.--NOTHING IN THIS ACT SHALL PROHIBIT A
24 COURT FROM IMPOSING PENALTIES AND COSTS IN ACCORDANCE WITH
25 APPLICABLE RULES OF COURT.
26 SECTION 1305. CIVIL PENALTY.
27 (A) DENIAL OF ACCESS.--A COURT MAY IMPOSE A CIVIL PENALTY OF
28 NOT MORE THAN $1,500 IF AN AGENCY DENIED ACCESS TO A PUBLIC
29 RECORD IN BAD FAITH.
30 (B) FAILURE TO COMPLY WITH COURT ORDER.--AN AGENCY OR PUBLIC
20070S0001B1726 - 92 -
1 OFFICIAL WHO DOES NOT PROMPTLY COMPLY WITH A COURT ORDER UNDER
2 THIS ACT IS SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN $500 PER
3 DAY UNTIL THE PUBLIC RECORDS ARE PROVIDED.
4 SECTION 1306. IMMUNITY.
5 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SECTIONS 1304 AND
6 1305 AND OTHER STATUTES GOVERNING THE RELEASE OF RECORDS, NO
7 AGENCY, PUBLIC OFFICIAL OR PUBLIC EMPLOYEE SHALL BE LIABLE FOR
8 CIVIL PENALTIES RESULTING FROM COMPLIANCE OR FAILURE TO COMPLY
9 WITH THIS ACT.
10 (B) SCHEDULES.--NO AGENCY, PUBLIC OFFICIAL OR PUBLIC
11 EMPLOYEE SHALL BE LIABLE FOR CIVIL OR CRIMINAL DAMAGES OR
12 PENALTIES UNDER THIS ACT FOR COMPLYING WITH ANY WRITTEN PUBLIC
13 RECORD RETENTION AND DISPOSITION SCHEDULE.
14 SECTION 1307. FEE LIMITATIONS.
15 (A) POSTAGE.--FEES FOR POSTAGE MAY NOT EXCEED THE ACTUAL
16 COST OF MAILING.
17 (B) DUPLICATION.--
18 (1) FEES FOR DUPLICATION BY PHOTOCOPYING, PRINTING FROM
19 ELECTRONIC MEDIA OR MICROFILM, COPYING ONTO ELECTRONIC MEDIA,
20 TRANSMISSION BY FACSIMILE OR OTHER ELECTRONIC MEANS AND OTHER
21 MEANS OF DUPLICATION SHALL BE ESTABLISHED:
22 (I) BY THE OFFICE OF OPEN RECORDS, FOR COMMONWEALTH
23 AGENCIES AND LOCAL AGENCIES;
24 (II) BY EACH JUDICIAL AGENCY; AND
25 (III) BY EACH LEGISLATIVE AGENCY.
26 (2) THE FEES MUST BE REASONABLE AND BASED ON PREVAILING
27 FEES FOR COMPARABLE DUPLICATION SERVICES PROVIDED BY LOCAL
28 BUSINESS ENTITIES.
29 (3) FEES FOR LOCAL AGENCIES MAY REFLECT REGIONAL PRICE
30 DIFFERENCES.
20070S0001B1726 - 93 -
1 (4) THE FOLLOWING APPLY TO COMPLEX AND EXTENSIVE DATA
2 SETS, INCLUDING GEOGRAPHIC INFORMATION SYSTEMS OR INTEGRATED
3 PROPERTY ASSESSMENT LISTS.
4 (I) FEES FOR COPYING MAY BE BASED ON THE REASONABLE
5 MARKET VALUE OF THE SAME OR CLOSELY RELATED DATA SETS.
6 (II) SUBPARAGRAPH (I) SHALL NOT APPLY TO:
7 (A) A REQUEST BY AN INDIVIDUAL EMPLOYED BY A
8 NEWSPAPER OR MAGAZINE OF GENERAL CIRCULATION, WEEKLY
9 NEWSPAPER, PRESS ASSOCIATION OR RADIO OR TELEVISION
10 STATION, FOR THE PURPOSE OF OBTAINING INFORMATION FOR
11 PUBLICATION OR BROADCAST; OR
12 (B) A REQUEST BY A NONPROFIT ORGANIZATION FOR
13 THE CONDUCT OF EDUCATIONAL RESEARCH.
14 (III) INFORMATION OBTAINED UNDER SUBPARAGRAPH (II)
15 SHALL BE SUBJECT TO PARAGRAPHS (1), (2) AND (3).
16 (IV) INFORMATION OBTAINED UNDER THIS PARAGRAPH SHALL
17 NOT BE SOLD OR OTHERWISE PROVIDED TO ANOTHER PERSON FOR
18 COMMERCIAL PURPOSES.
19 (C) CERTIFICATION.--AN AGENCY MAY IMPOSE REASONABLE FEES FOR
20 OFFICIAL CERTIFICATION OF COPIES IF THE CERTIFICATION IS AT THE
21 BEHEST OF THE REQUESTER AND FOR THE PURPOSE OF LEGALLY VERIFYING
22 THE PUBLIC RECORD.
23 (D) CONVERSION TO PAPER.--IF A RECORD IS ONLY MAINTAINED
24 ELECTRONICALLY OR IN OTHER NONPAPER MEDIA, DUPLICATION FEES
25 SHALL BE LIMITED TO THE LESSER OF THE FEE FOR DUPLICATION ON
26 PAPER OR THE FEE FOR DUPLICATION IN THE ORIGINAL MEDIA AS
27 PROVIDED BY SUBSECTION (B) UNLESS THE REQUESTER SPECIFICALLY
28 REQUESTS FOR THE RECORD TO BE DUPLICATED IN THE MORE EXPENSIVE
29 MEDIUM.
30 (E) ENHANCED ELECTRONIC ACCESS.--IF AN AGENCY OFFERS
20070S0001B1726 - 94 -
1 ENHANCED ELECTRONIC ACCESS TO RECORDS IN ADDITION TO MAKING THE
2 RECORDS ACCESSIBLE FOR INSPECTION AND DUPLICATION BY A REQUESTER
3 AS REQUIRED BY THIS ACT, THE AGENCY MAY ESTABLISH USER FEES
4 SPECIFICALLY FOR THE PROVISION OF THE ENHANCED ELECTRONIC
5 ACCESS, BUT ONLY TO THE EXTENT THAT THE ENHANCED ELECTRONIC
6 ACCESS IS IN ADDITION TO MAKING THE RECORDS ACCESSIBLE FOR
7 INSPECTION AND DUPLICATION BY A REQUESTER AS REQUIRED BY THIS
8 ACT. THE USER FEES FOR ENHANCED ELECTRONIC ACCESS MAY BE A FLAT
9 RATE, A SUBSCRIPTION FEE FOR A PERIOD OF TIME, A PER-TRANSACTION
10 FEE, A FEE BASED ON THE CUMULATIVE TIME OF SYSTEM ACCESS OR ANY
11 OTHER REASONABLE METHOD AND ANY COMBINATION THEREOF. THE USER
12 FEES FOR ENHANCED ELECTRONIC ACCESS MUST BE REASONABLE, MUST BE
13 APPROVED BY THE OFFICE OF OPEN RECORDS AND MAY NOT BE
14 ESTABLISHED WITH THE INTENT OR EFFECT OF EXCLUDING PERSONS FROM
15 ACCESS TO RECORDS OR DUPLICATES THEREOF OR OF CREATING PROFIT
16 FOR THE AGENCY.
17 (F) WAIVER OF FEES.--AN AGENCY MAY WAIVE THE FEES FOR
18 DUPLICATION OF A RECORD, INCLUDING, BUT NOT LIMITED TO, WHEN:
19 (1) THE REQUESTER DUPLICATES THE RECORD; OR
20 (2) THE AGENCY DEEMS IT IS IN THE PUBLIC INTEREST TO DO
21 SO.
22 (G) LIMITATIONS.--EXCEPT AS OTHERWISE PROVIDED BY STATUTE,
23 NO OTHER FEES MAY BE IMPOSED UNLESS THE AGENCY NECESSARILY
24 INCURS COSTS FOR COMPLYING WITH THE REQUEST, AND SUCH FEES MUST
25 BE REASONABLE. NO FEE MAY BE IMPOSED FOR AN AGENCY'S REVIEW OF A
26 RECORD TO DETERMINE WHETHER THE RECORD IS A PUBLIC RECORD,
27 LEGISLATIVE RECORD OR FINANCIAL RECORD SUBJECT TO ACCESS IN
28 ACCORDANCE WITH THIS ACT.
29 (H) PREPAYMENT.--PRIOR TO GRANTING A REQUEST FOR ACCESS IN
30 ACCORDANCE WITH THIS ACT, AN AGENCY MAY REQUIRE A REQUESTER TO
20070S0001B1726 - 95 -
1 PREPAY AN ESTIMATE OF THE FEES AUTHORIZED UNDER THIS SECTION IF
2 THE FEES REQUIRED TO FULFILL THE REQUEST ARE EXPECTED TO EXCEED
3 $100.
4 SECTION 1308. PROHIBITION.
5 A POLICY OR REGULATION ADOPTED UNDER THIS ACT MAY NOT INCLUDE
6 ANY OF THE FOLLOWING:
7 (1) A LIMITATION ON THE NUMBER OF RECORDS WHICH MAY BE
8 REQUESTED OR MADE AVAILABLE FOR INSPECTION OR DUPLICATION.
9 (2) A REQUIREMENT TO DISCLOSE THE PURPOSE OR MOTIVE IN
10 REQUESTING ACCESS TO RECORDS. , EXCEPT WHEN THE REQUEST IS <--
11 FOR A DATE OF BIRTH.
12 SECTION 1309. PRACTICE AND PROCEDURE.
13 THE PROVISIONS OF 2 PA.C.S. (RELATING TO ADMINISTRATIVE LAW
14 AND PROCEDURE) SHALL NOT APPLY TO THIS ACT UNLESS SPECIFICALLY
15 ADOPTED BY REGULATION OR POLICY.
16 SECTION 1310. OFFICE OF OPEN RECORDS.
17 (A) ESTABLISHMENT.--THERE IS ESTABLISHED IN THE DEPARTMENT
18 OF COMMUNITY AND ECONOMIC DEVELOPMENT AN OFFICE OF OPEN RECORDS.
19 THE OFFICE SHALL DO ALL OF THE FOLLOWING:
20 (1) PROVIDE INFORMATION RELATING TO THE IMPLEMENTATION
21 AND ENFORCEMENT OF THIS ACT.
22 (2) ISSUE ADVISORY OPINIONS TO AGENCIES AND REQUESTERS.
23 (3) PROVIDE ANNUAL TRAINING COURSES TO AGENCIES, PUBLIC
24 OFFICIALS AND PUBLIC EMPLOYEES ON THIS ACT AND 65 PA.C.S. CH.
25 7 (RELATING TO OPEN MEETINGS).
26 (4) PROVIDE ANNUAL, REGIONAL TRAINING COURSES TO LOCAL
27 AGENCIES, PUBLIC OFFICIALS AND PUBLIC EMPLOYEES.
28 (5) ASSIGN APPEALS OFFICERS TO REVIEW APPEALS OF
29 DECISIONS BY COMMONWEALTH AGENCIES OR LOCAL AGENCIES, EXCEPT
30 AS PROVIDED IN SECTION 503(D), FILED UNDER SECTION 1101 AND
20070S0001B1726 - 96 -
1 ISSUE ORDERS AND OPINIONS. THE OFFICE SHALL EMPLOY OR
2 CONTRACT WITH ATTORNEYS TO SERVE AS APPEALS OFFICERS TO
3 REVIEW APPEALS AND, IF NECESSARY, TO HOLD HEARINGS ON A
4 REGIONAL BASIS UNDER THIS ACT. EACH APPEALS OFFICER MUST
5 COMPLY WITH ALL OF THE FOLLOWING:
6 (I) COMPLETE A TRAINING COURSE PROVIDED BY THE
7 OFFICE OF OPEN RECORDS PRIOR TO ACTING AS AN APPEALS
8 OFFICER.
9 (II) IF A HEARING IS NECESSARY, HOLD HEARINGS
10 REGIONALLY AS NECESSARY TO ENSURE ACCESS TO THE REMEDIES
11 PROVIDED BY THIS ACT.
12 (III) COMPLY WITH THE PROCEDURES UNDER SECTION
13 1102(B).
14 (6) ESTABLISH AN INFORMAL MEDIATION PROGRAM TO RESOLVE
15 DISPUTES UNDER THIS ACT.
16 (7) ESTABLISH AN INTERNET WEBSITE WITH INFORMATION
17 RELATING TO THIS ACT, INCLUDING INFORMATION ON FEES, ADVISORY
18 OPINIONS AND DECISIONS AND THE NAME AND ADDRESS OF ALL OPEN
19 RECORDS OFFICERS IN THIS COMMONWEALTH.
20 (8) CONDUCT A BIANNUAL REVIEW OF FEES CHARGED UNDER THIS
21 ACT.
22 (9) ANNUALLY REPORT ON ITS ACTIVITIES AND FINDINGS TO
23 THE GOVERNOR AND THE GENERAL ASSEMBLY. THE REPORT SHALL BE
24 POSTED AND MAINTAINED ON THE INTERNET WEBSITE ESTABLISHED
25 UNDER PARAGRAPH (7).
26 (B) EXECUTIVE DIRECTOR.--WITHIN 90 DAYS OF THE EFFECTIVE
27 DATE OF THIS SECTION, THE GOVERNOR SHALL APPOINT AN EXECUTIVE
28 DIRECTOR OF THE OFFICE WHO SHALL SERVE FOR A TERM OF SIX YEARS.
29 COMPENSATION SHALL BE SET BY THE EXECUTIVE BOARD ESTABLISHED
30 UNDER SECTION 204 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175),
20070S0001B1726 - 97 -
1 KNOWN AS THE ADMINISTRATIVE CODE OF 1929. THE EXECUTIVE DIRECTOR
2 MAY SERVE NO MORE THAN TWO TERMS.
3 (C) LIMITATION.--THE EXECUTIVE DIRECTOR SHALL NOT SEEK
4 ELECTION NOR ACCEPT APPOINTMENT TO ANY POLITICAL OFFICE DURING
5 HIS TENURE AS EXECUTIVE DIRECTOR AND FOR ONE YEAR THEREAFTER.
6 (D) STAFFING.--THE EXECUTIVE DIRECTOR SHALL APPOINT
7 ATTORNEYS TO ACT AS APPEALS OFFICERS AND ADDITIONAL CLERICAL,
8 TECHNICAL AND PROFESSIONAL STAFF AS MAY BE APPROPRIATE AND MAY
9 CONTRACT FOR ADDITIONAL SERVICES AS NECESSARY FOR THE
10 PERFORMANCE OF THE EXECUTIVE DIRECTOR'S DUTIES. THE COMPENSATION
11 OF ATTORNEYS AND OTHER STAFF SHALL BE SET BY THE EXECUTIVE
12 BOARD. THE APPOINTMENT OF ATTORNEYS SHALL NOT BE SUBJECT TO THE
13 ACT OF OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE
14 COMMONWEALTH ATTORNEYS ACT.
15 (E) DUTIES.--THE EXECUTIVE DIRECTOR SHALL ENSURE THAT THE
16 DUTIES OF THE OFFICE OF OPEN RECORDS ARE CARRIED OUT AND SHALL
17 MONITOR CASES APPEALED TO THE OFFICE OF OPEN RECORDS.
18 (F) APPROPRIATION.--THE APPROPRIATION FOR THE OFFICE SHALL
19 BE IN A SEPARATE LINE ITEM AND SHALL BE UNDER THE JURISDICTION
20 OF THE EXECUTIVE DIRECTOR.
21 CHAPTER 15
22 STATE-RELATED INSTITUTIONS
23 SECTION 1501. DEFINITION.
24 AS USED IN THIS CHAPTER, "STATE-RELATED INSTITUTION" MEANS
25 ANY OF THE FOLLOWING:
26 (1) TEMPLE UNIVERSITY.
27 (2) THE UNIVERSITY OF PITTSBURGH.
28 (3) THE PENNSYLVANIA STATE UNIVERSITY.
29 (4) LINCOLN UNIVERSITY.
30 SECTION 1502. REPORTING.
20070S0001B1726 - 98 -
1 NO LATER THAN MAY 30 OF EACH YEAR, A STATE-RELATED
2 INSTITUTION SHALL FILE WITH THE GOVERNOR'S OFFICE, THE GENERAL
3 ASSEMBLY, THE AUDITOR GENERAL AND THE STATE LIBRARY THE
4 INFORMATION SET FORTH IN SECTION 1503.
5 SECTION 1503. CONTENTS OF REPORT.
6 THE REPORT REQUIRED UNDER SECTION 1502 SHALL INCLUDE THE
7 FOLLOWING:
8 (1) EXCEPT AS PROVIDED IN PARAGRAPH (4), ALL INFORMATION
9 REQUIRED BY FORM 990 OR AN EQUIVALENT FORM, OF THE UNITED
10 STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE,
11 ENTITLED THE RETURN OF ORGANIZATION EXEMPT FROM INCOME TAX,
12 REGARDLESS OF WHETHER THE STATE-RELATED INSTITUTION IS
13 REQUIRED TO FILE THE FORM BY THE FEDERAL GOVERNMENT.
14 (2) THE SALARIES OF ALL OFFICERS AND DIRECTORS OF THE
15 STATE-RELATED INSTITUTION.
16 (3) THE HIGHEST 25 SALARIES PAID TO EMPLOYEES OF THE
17 INSTITUTION THAT ARE NOT INCLUDED UNDER PARAGRAPH (2).
18 (4) THE REPORT SHALL NOT INCLUDE INFORMATION RELATING TO
19 INDIVIDUAL DONORS.
20 SECTION 1504. COPIES AND POSTING.
21 A STATE-RELATED INSTITUTION SHALL MAINTAIN, FOR AT LEAST
22 SEVEN YEARS, A COPY OF THE REPORT IN THE INSTITUTION'S LIBRARY
23 AND SHALL PROVIDE FREE ACCESS TO THE REPORT ON THE INSTITUTION'S
24 INTERNET WEBSITE.
25 CHAPTER 17
26 STATE CONTRACT INFORMATION
27 SECTION 1701. SUBMISSION AND RETENTION OF CONTRACTS.
28 (A) GENERAL RULE.--WHENEVER ANY COMMONWEALTH AGENCY,
29 LEGISLATIVE AGENCY OR JUDICIAL AGENCY SHALL ENTER INTO ANY
30 CONTRACT INVOLVING ANY PROPERTY, REAL, PERSONAL OR MIXED OF ANY
20070S0001B1726 - 99 -
1 KIND OR DESCRIPTION OR ANY CONTRACT FOR PERSONAL SERVICES WHERE
2 THE CONSIDERATION INVOLVED IN THE CONTRACT IS $5,000 OR MORE, A
3 COPY OF THE CONTRACT SHALL BE FILED WITH THE TREASURY DEPARTMENT
4 WITHIN TEN DAYS AFTER THE CONTRACT IS FULLY EXECUTED ON BEHALF
5 OF THE COMMONWEALTH AGENCY, LEGISLATIVE AGENCY OR JUDICIAL
6 AGENCY OR OTHERWISE BECOMES AN OBLIGATION OF THE COMMONWEALTH
7 AGENCY, LEGISLATIVE AGENCY OR JUDICIAL AGENCY. THE PROVISIONS OF
8 THIS CHAPTER SHALL NOT APPLY TO CONTRACTS FOR SERVICES PROTECTED
9 BY A PRIVILEGE. THE PROVISIONS OF THIS CHAPTER SHALL NOT APPLY
10 TO A PURCHASE ORDER EVIDENCING FULFILLMENT OF AN EXISTING <--
11 OBLIGATION BUT SHALL APPLY TO A PURCHASE ORDER EVIDENCING NEW
12 OBLIGATIONS. THE FOLLOWING SHALL APPLY:
13 (1) EACH COMMONWEALTH AGENCY, LEGISLATIVE AGENCY AND
14 JUDICIAL AGENCY SHALL SUBMIT CONTRACTS IN A FORM AND
15 STRUCTURE MUTUALLY AGREED UPON BY THE COMMONWEALTH AGENCY,
16 LEGISLATIVE AGENCY OR JUDICIAL AGENCY AND THE STATE
17 TREASURER.
18 (2) THE TREASURY DEPARTMENT MAY REQUIRE EACH
19 COMMONWEALTH AGENCY, LEGISLATIVE AGENCY OR JUDICIAL AGENCY TO
20 PROVIDE A SUMMARY WITH EACH CONTRACT, WHICH SHALL INCLUDE THE
21 FOLLOWING:
22 (I) DATE OF EXECUTION.
23 (II) AMOUNT OF THE CONTRACT.
24 (III) BEGINNING DATE OF THE CONTRACT.
25 (IV) END DATE OF THE CONTRACT, IF APPLICABLE.
26 (V) NAME OF THE AGENCY ENTERING INTO THE CONTRACT.
27 (VI) THE NAME OF ALL PARTIES EXECUTING THE CONTRACT.
28 (VII) SUBJECT MATTER OF THE CONTRACT.
29 EACH AGENCY SHALL CREATE AND MAINTAIN THE DATA UNDER THIS
30 PARAGRAPH IN AN ASCII-DELIMITED TEXT FILE, SPREADSHEET FILE
20070S0001B1726 - 100 -
1 OR OTHER FILE PROVIDED BY TREASURY DEPARTMENT REGULATION.
2 (B) RETENTION.--EVERY CONTRACT FILED PURSUANT TO SUBSECTION
3 (A) SHALL REMAIN ON FILE WITH THE TREASURY DEPARTMENT FOR A
4 PERIOD OF NOT LESS THAN FOUR YEARS AFTER THE END DATE OF THE
5 CONTRACT.
6 (C) ACCURACY.--EACH COMMONWEALTH AGENCY, LEGISLATIVE AGENCY
7 AND JUDICIAL AGENCY IS RESPONSIBLE FOR VERIFYING THE ACCURACY
8 AND COMPLETENESS OF THE INFORMATION THAT IT SUBMITS TO THE STATE
9 TREASURER. THE CONTRACT PROVIDED TO THE TREASURY DEPARTMENT
10 PURSUANT TO THIS CHAPTER SHALL BE REDACTED IN ACCORDANCE WITH
11 APPLICABLE PROVISIONS OF THIS ACT BY THE AGENCY FILING THE
12 CONTRACT TO THE TREASURY DEPARTMENT.
13 (D) EXEMPT FROM POSTING.--THE PROVISIONS OF THIS CHAPTER <--
14 APPLICABILITY.--THE PROVISIONS OF THIS ACT SHALL NOT APPLY TO <--
15 COPIES OF CONTRACTS SUBMITTED TO THE TREASURY DEPARTMENT, THE
16 OFFICE OF AUDITOR GENERAL OR OTHER AGENCY FOR PURPOSES OF AUDITS
17 AND WARRANTS FOR DISBURSEMENTS UNDER SECTION 307, 401, 402 OR
18 403 OF THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS THE
19 FISCAL CODE.
20 SECTION 1702. PUBLIC AVAILABILITY OF CONTRACTS.
21 (A) GENERAL RULE.--THE TREASURY DEPARTMENT SHALL MAKE EACH
22 CONTRACT FILED PURSUANT TO SECTION 1701 AVAILABLE FOR PUBLIC
23 INSPECTION EITHER BY POSTING A COPY OF THE CONTRACT ON THE
24 TREASURY DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE OR BY
25 POSTING A CONTRACT SUMMARY ON THE DEPARTMENT'S PUBLICLY
26 ACCESSIBLE INTERNET WEBSITE.
27 (B) POSTING.--THE TREASURY DEPARTMENT SHALL POST THE
28 INFORMATION RECEIVED PURSUANT TO THIS CHAPTER IN A MANNER THAT
29 ALLOWS THE PUBLIC TO SEARCH CONTRACTS OR CONTRACT SUMMARIES BY
30 THE CATEGORIES ENUMERATED IN SECTION 1701(A)(2).
20070S0001B1726 - 101 -
1 (C) REQUEST TO REVIEW OR RECEIVE COPY OF CONTRACT.--THE
2 TREASURY DEPARTMENT SHALL MAINTAIN A PAGE ON ITS PUBLICLY
3 ACCESSIBLE INTERNET WEBSITE THAT INCLUDES INSTRUCTIONS ON HOW TO
4 REVIEW A CONTRACT ON THE INTERNET WEBSITE.
5 (D) PAPER COPY.--A PAPER COPY OF A CONTRACT MAY BE REQUESTED
6 FROM THE AGENCY THAT EXECUTED THE CONTRACT IN ACCORDANCE WITH
7 THIS ACT.
8 CHAPTER 31
9 MISCELLANEOUS PROVISIONS
10 SECTION 3101. APPLICABILITY.
11 THIS ACT APPLIES AS FOLLOWS:
12 (1) THIS ACT SHALL APPLY TO REQUESTS FOR INFORMATION
13 MADE AFTER DECEMBER 31, 2008.
14 (2) CHAPTER 15 SHALL APPLY TO FISCAL YEARS BEGINNING
15 AFTER JUNE 30, 2008.
16 (3) CHAPTER 17 SHALL APPLY TO CONTRACTS ENTERED INTO OR
17 RENEWED AFTER JUNE 30, 2008.
18 SECTION 3101.1. RELATION TO OTHER LAW OR JUDICIAL ACTIONS.
19 IF THE PROVISIONS OF THIS ACT REGARDING ACCESS TO PUBLIC
20 RECORDS CONFLICT WITH ANY FEDERAL OR STATE LAW, JUDICIAL ORDER
21 OR DECREE, THE PROVISIONS OF THIS ACT SHALL NOT APPLY.
22 SECTION 3101.2. SEVERABILITY.
23 ALL PROVISIONS OF THIS ACT ARE SEVERABLE.
24 SECTION 3102. REPEALS.
25 REPEALS ARE AS FOLLOWS:
26 (1) THE GENERAL ASSEMBLY DECLARES AS FOLLOWS:
27 (I) THE REPEAL UNDER PARAGRAPH (2)(I) IS NECESSARY
28 TO EFFECTUATE CHAPTER 17.
29 (II) THE REPEALS UNDER PARAGRAPH (2)(II) AND (III)
30 ARE NECESSARY TO EFFECTUATE THIS ACT.
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1 (2) THE FOLLOWING ACTS AND PARTS OF ACTS ARE REPEALED:
2 (I) SECTION 1104 OF THE ACT OF APRIL 9, 1929
3 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF
4 1929.
5 (II) THE ACT OF JUNE 21, 1957 (P.L.390, NO.212),
6 REFERRED TO AS THE RIGHT-TO-KNOW LAW.
7 (III) 62 PA.C.S. § 106.
8 SECTION 3103. REFERENCES.
9 A REFERENCE IN A STATUTE, REGULATION OR JUDICIAL ORDER OR
10 DECREE TO THE ACT OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED
11 TO AS THE RIGHT-TO-KNOW LAW, SHALL BE DEEMED A REFERENCE TO THIS
12 ACT.
13 SECTION 3104. EFFECTIVE DATE.
14 THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
15 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
16 IMMEDIATELY:
17 (I) SECTIONS 101, 102 AND 1310.
18 (II) THIS SECTION.
19 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT JANUARY
20 1, 2009.
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