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                               CORRECTIVE REPRINT
        PRIOR PRINTER'S NOS. 772, 1509, 1553,         PRINTER'S NO. 1726
        1562, 1583, 1646, 1704, 1721

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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.
    20070S0001B1726                  - 2 -     

     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.
    20070S0001B1726                  - 3 -     

     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.
    20070S0001B1726                  - 4 -     

     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
    20070S0001B1726                  - 5 -     

     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
    20070S0001B1726                  - 6 -     

     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
    20070S0001B1726                  - 7 -     

     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
    20070S0001B1726                  - 8 -     

     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.
    20070S0001B1726                  - 9 -     

     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.
    20070S0001B1726                 - 10 -     

     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
    20070S0001B1726                 - 11 -     

     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
    20070S0001B1726                 - 12 -     

     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.
    20070S0001B1726                 - 13 -     

     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
    20070S0001B1726                 - 14 -     

     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
    20070S0001B1726                 - 15 -     

     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
    20070S0001B1726                 - 16 -     

     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
    20070S0001B1726                 - 17 -     

     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
    20070S0001B1726                 - 18 -     

     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.
    20070S0001B1726                 - 19 -     

     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
    20070S0001B1726                 - 50 -     

     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.
    20070S0001B1726                 - 58 -     

     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.--
    20070S0001B1726                 - 88 -     

     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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