PRIOR PRINTER'S NO. 2190

PRINTER'S NO.  2230

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1469

Session of

2010

  

  

INTRODUCED BY PILEGGI, BAKER, M. WHITE, FONTANA, RAFFERTY, FOLMER, O'PAKE, ERICKSON, VANCE, COSTA, EARLL, GREENLEAF, EICHELBERGER, TOMLINSON, WAUGH, ALLOWAY, PIPPY, YAW, BRUBAKER, MENSCH AND D. WHITE, SEPTEMBER 20, 2010

  

  

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, SEPTEMBER 28, 2010  

  

  

  

AN ACT

  

1

Amending the act of February 14, 2008 (P.L.6, No.3), entitled

2

"An act providing for access to public information, for a

3

designated open-records officer in each Commonwealth agency,

4

local agency, judicial agency and legislative agency, for

5

procedure, for appeal of agency determination, for judicial

6

review and for the Office of Open Records; imposing

7

penalties; providing for reporting by State-related

8

institutions; requiring the posting of certain State contract

9

information on the Internet; and making related repeals,"

10

further providing for definitions, for requests, for access,

<--

11

for written requests, for exceptions for public records, for

12

general rule, for filing of appeal, for appeals officers, for

13

Office of Open Records and for applicability further

<--

14

providing for definitions; providing for Pennsylvania

15

Interscholastic Athletic Association; further providing for

16

requests, for access, for written requests, for exceptions

17

for public records, for general rule, for extension of time

18

for filing of appeal, for appeals officers and for Office of

19

Open Records.

20

The General Assembly of the Commonwealth of Pennsylvania

21

hereby enacts as follows:

22

Section 1.  The definitions of "independent agency,"

23

"personal financial information" and "State-affiliated entity"

24

in section 102 of the act of February 14, 2008 (P.L.6, No.3),

25

known as the Right-to-Know Law, are amended and the section is

 


1

amended by adding a definition to read:

2

Section 102.  Definitions.

3

The following words and phrases when used in this act shall

4

have the meanings given to them in this section unless the

5

context clearly indicates otherwise: 

6

* * *

7

"Independent agency."  Any board, commission, authority or

8

other agency or officer of the Commonwealth, that is not subject

9

to the policy supervision and control of the Governor. The term

10

does not include a legislative or judicial agency.

11

* * *

12

"Personal financial information."  An individual's personal

13

credit, charge or debit card information; bank account

14

information; bank, credit or financial statements; account or

15

PIN numbers; forms required to be filed with or by any taxing

16

authority; and other information relating to an individual's

17

personal finances.

18

* * *

19

"State-affiliated entity."  A Commonwealth authority or

20

Commonwealth entity. The term includes [the Pennsylvania Higher

<--

21

Education Assistance Agency and any entity established thereby,

22

the Pennsylvania Gaming Control Board, the Pennsylvania Game

23

Commission, the Pennsylvania Fish and Boat Commission, the

24

Pennsylvania Housing Finance Agency, the Pennsylvania Municipal

25

Retirement Board, the State System of Higher Education, a

26

community college, the Pennsylvania Turnpike Commission, the

27

Pennsylvania Public Utility Commission, the Pennsylvania

28

Infrastructure Investment Authority, the State Public School

29

Building Authority, [the Pennsylvania Interscholastic Athletic

<--

30

Association] and the Pennsylvania Higher Educational Facilities

<--

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1

Authority. The term does not include a State-related

2

institution] the Pennsylvania Turnpike Commission, the

<--

3

Pennsylvania Housing Finance Agency, the Pennsylvania Municipal

4

Retirement System, the Pennsylvania Infrastructure Investment

5

Authority, the State Public School Building Authority, the

6

Pennsylvania Higher Educational Facilities Authority and the

7

State System of Higher Education. The term does not include any

8

court or other officer or agency of the unified judicial system,

9

the General Assembly and its officers and agencies, any State-

10

related institution, political subdivision or any local,

11

regional or metropolitan transportation authority.

12

* * *

13

"Time response log."  A log created, received, maintained, or

14

retained by a public-safety answering point (PSAP), as defined

<--

15

in section 2 of the act of July 9, 1990 (P.L.340, No.78), known

16

as the Public Safety Emergency Telephone Act, containing the

17

following information:

18

(1)  The time the call was received by the PSAP.

19

(2)  The time the PSAP contacted or dispatched the

20

appropriate agency for response.

21

(3)  The time the appropriate agency responded.

22

(4)  The time the appropriate agency arrived on the

23

scene.

24

(5)  The time the appropriate agency became available.

25

(6)  The address of the incident or the cross street or

26

mile marker nearest the scene of the incident.

27

* * *

28

Section 1.1.  The act is amended by adding a section to read.

<--

29

Section 307.  Pennsylvania Interscholastic Athletic Association.

30

This act shall apply to the Pennsylvania Interscholastic

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1

Athletic Association.

2

Section 2.  Sections 506, 701 and 703 of the act are amended

3

to read:

4

Section 506.  Requests.

5

(a)  Disruptive requests.--

6

(1)  An agency may deny a requester access to a record if

7

the requester has made repeated requests for that same record

8

and the repeated requests have placed an unreasonable burden

9

on the agency.

10

(2)  A denial under this subsection shall not restrict

11

the ability to request a different record.

12

(b)  Disaster or potential damage.--

13

(1)  An agency may deny a requester access:

14

(i)  when timely access is not possible due to fire,

15

flood or other disaster; or

16

(ii)  to historical, ancient or rare documents,

17

records, archives and manuscripts when access may, in the

18

professional judgment of the curator or custodian of

19

records, cause physical damage or irreparable harm to the

20

record.

21

(2)  To the extent possible, the contents of a record

22

under this subsection shall be made accessible to a requester

23

even when the record is physically unavailable.

24

(c)  Agency discretion.--An agency may exercise its

25

discretion to make any otherwise exempt record accessible for

26

inspection and copying under this chapter, if all of the

27

following apply:

28

(1)  Disclosure of the record is not prohibited under any

29

of the following:

30

(i)  Federal or State law or regulation.

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1

(ii)  Judicial order or decree.

2

(2)  The record is not protected by a privilege.

3

(3)  The agency head determines that the public interest

4

favoring access outweighs any individual, agency or public

5

interest that may favor restriction of access.

6

(d)  Agency possession.--

7

(1)  A [public record] contract between an agency and a

8

business or organization that is not in the possession of an

9

agency but is in the possession of [a party with whom the

10

agency has contracted to perform a governmental function on

11

behalf of the agency, and which directly relates to the 

12

governmental function and is not exempt under this act,] the

13

business or organization shall be [considered a] public

14

[record of the agency for purposes of] under this act. This

15

paragraph includes financial records directly relating to the

16

contract. Financial information that is not directly related

<--

17

to the contract may be redacted.

18

(2)  Nothing in this act shall be construed to require

19

access to any other record of the party in possession of the

20

public record.

21

(3)  A request for a [public record] contract in

22

possession of a party other than the agency shall be

23

submitted to the open records officer of the agency. Upon a

24

determination that the record is subject to access under this

25

act, the open records officer shall assess the duplication

26

fee established under section 1307(b) and upon collection

27

shall remit the fee to the party in possession of the record

28

if the party duplicated the record.

29

Section 701.  Access.

30

(a)  General rule.--Unless otherwise provided by law, a

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1

public record, legislative record or financial record shall be

2

accessible for inspection and duplication in accordance with

3

this act. A record being provided to a requester shall be

4

provided in the medium or computer file format, computer file

<--

5

format or other format requested if it exists in that medium or

<--

6

computer file format, computer file format or other format;

<--

7

otherwise, it shall be provided in the medium in which it

8

exists. Public records, legislative records or financial records

9

shall be available for access during the regular business hours

10

of an agency.

11

(b)  Construction.--Nothing in this act shall be construed to

12

require access to any computer either of an agency or individual

13

employee of an agency.

14

Section 703.  Written requests.

15

A written request for access to records may be submitted in

16

person, by mail, by e-mail, by facsimile or, to the extent

17

provided by agency rules, by any other electronic means. A

18

written request must be addressed to the open-records officer

19

designated pursuant to section 502 or to the agency head head of

<--

20

a Commonwealth agency. Employees of an agency shall be directed

21

to promptly forward requests for records to the agency's open-

22

records officer. A written request should identify or describe

23

the records sought with sufficient specificity to enable the

24

agency to ascertain which records are being requested and shall

25

include the name and address to which the agency should address

26

its response. A written request need not include any explanation

27

of the requester's reason for requesting or intended use of the

28

records unless otherwise required by law.

29

Section 3.  Section 708(b)(9), (10) and (17) of the act are 

30

amended and the subsection is amended by adding paragraphs to

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1

read:

2

Section 708.  Exceptions for public records.

3

* * *

4

(b)  Exceptions.--Except as provided in subsections (c) and

5

(d), the following are exempt from access by a requester under

6

this act:

7

* * *

8

(5.1)  The payment records of a person receiving services

9

from a public water or sewer authority or other municipality

<--

10

authority municipal authority, municipality, cooperative or

<--

11

entity that provides a utility service, including

12

electricity, telecommunications, water, sewer, natural gas or

13

similar service. The authority or entity shall establish a

14

process to provide a clearance certificate to a person to

15

certify that all fees and charges owed have been paid. A

16

reasonable fee for certification a clearance certificate may

<--

17

be charged.

18

* * *

19

(6.1)  Tax records. An agency A tax collector shall

<--

20

establish a process to provide a clearance certificate to a

21

person certifying that all local taxes owed have been paid. A

<--

22

reasonable fee for certification a clearance certificate may

<--

23

be charged. For purposes of this paragraph, the term tax

<--

24

collector shall include an elected tax collector or an

25

employee or contractor of an agency that collects taxes

26

pursuant to law.

27

* * *

28

(9)  The draft of a bill, resolution, regulation,

29

statement of policy, management directive, ordinance or

30

amendment thereto prepared by or for an agency, except when

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1

the record is presented to a quorum for deliberation at an

<--

2

advertised a public meeting in accordance with 65 Pa.C.S.

<--

3

Ch.7 (relating to open meetings).

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)  [Subparagraph (i)(A)] This paragraph shall

19

apply to agencies subject to 65 Pa.C.S. Ch. 7 [(relating

20

to open meetings)] in a manner consistent with 65 Pa.C.S.

21

Ch. 7. A record which is not otherwise exempt from access

22

under this act and which is presented to a quorum for

23

deliberation at a public meeting in accordance with 65

24

Pa.C.S. Ch. 7 shall be a public record regardless of

25

whether a vote occurs at that meeting.

26

(iii)  This paragraph shall not apply to a written or

27

Internet application or other document that has been

28

submitted to request Commonwealth funds.

29

(iv)  This paragraph shall not apply to the results

30

of public opinion surveys, polls, focus groups, marketing

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1

research or similar effort designed to measure public

2

opinion.

3

* * *

4

(17)  A record of an agency [relating to a noncriminal

5

investigation] that would reveal the institution, progress or

6

result of a noncriminal investigation, including:

7

(i)  Complaints submitted to an agency.

8

(ii)  Investigative materials, notes, correspondence

9

and reports.

10

(iii)  A record that includes the identity of a

11

confidential source, including individuals subject to the

12

act of December 12, 1986 (P.L.1559, No.169), known as the

13

Whistleblower Law.

14

(iv)  A record that includes information made

15

confidential by law.

16

(v)  Work papers underlying an audit.

17

(vi)  A record that, if disclosed, would do any of

18

the following:

19

(A)  [Reveal the institution, progress or result

20

of an agency investigation, except the imposition of

21

a fine or civil penalty, the suspension, modification

22

or revocation of a license, permit, registration,

23

certification or similar authorization issued by an

24

agency or an executed settlement agreement unless the

25

agreement is determined to be confidential by a

26

court] (Reserved).

27

(B)  Deprive a person of the right to an

28

impartial adjudication.

29

(C)  Constitute an unwarranted invasion of

30

privacy.

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1

(D)  Hinder an agency's ability to secure an

2

administrative or civil sanction.

3

(E)  Endanger the life or physical safety of an

4

individual.

5

This paragraph shall not apply to records reflecting the

6

imposition of a fine or civil penalty, the issuance of a

7

notice of violation, the suspension, modification or

8

revocation of a license, permit, registration, certification

9

or similar authorization issued by an agency, the result of a 

<--

10

regular inspection an inspection conducted pursuant to law,

<--

11

or an executed settlement agreement unless the agreement is

12

determined to be confidential by a court.

13

* * *

14

(31)  A record of:

15

(i)  A volunteer ambulance service.

16

(ii)  A volunteer fire company.

17

(iii)  A volunteer rescue company.

18

(iv)  A volunteer water rescue company.

19

(v)  A volunteer organization that provides hazardous

20

materials response services.

21

(vi)  A volunteer organization that provides

22

emergency medical services.

23

This paragraph shall not apply to the financial records of a

<--

24

contract between a volunteer organization and a local agency

<--

25

to provide services to the local agency or to financial

26

records relating to the contract a volunteer organization

27

under this paragraph if the volunteer organization has a

28

contract with a local agency to provide services to the local

29

agency or to financial records relating to the contract.

<--

30

(32)  An agency's bank account numbers, bank routing

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1

numbers, credit card numbers or passwords.

2

* * *

3

Section 4.  Sections 901, 1101, 1102(a), 1310 and 3101 of the

<--

4

Section 4.  Sections 901, 902(b), 1101, 1102(a), 1307(b) and

<--

5

(h) and 1310 of the act are amended to read:

6

Section 901.  General rule.

7

(a)  Determination.-–Upon receipt of a written request for

8

access to a record, an agency shall make a good faith effort to

9

determine if the record requested is a public record,

10

legislative record or financial record and whether the agency

11

has possession, custody or control of the identified record, and

12

to respond as promptly as possible under the circumstances

13

existing at the time of the request. All applicable fees shall

14

be paid in order to receive access to the record requested. 

15

(b)  Time for response.-–The time for response shall not

16

exceed:

17

(1)  In the case of a request submitted by e-mail, web

18

form, facsimile or similar means, five business days from the

19

date the written request is received by the open-records

20

officer for an agency. If the agency fails to send the

21

response within five business days of receipt of the written

22

request for access, the written request for access shall be

23

deemed denied.

24

(2)  In the case of a request submitted by first class

25

mail or similar means, ten business days from the postmark

26

date. If the agency fails to send the response within ten

27

business days from the postmark date, the written request for

28

access shall be deemed denied.

29

(3)  In the case of a request submitted by certified mail

30

or similar means requiring signature as proof of delivery,

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1

five business days from the date the written request is

2

received by the open-records officer for an agency. If the

3

agency fails to send the response within five business days

4

of receipt of the written request for access, the written

5

request for access shall be deemed denied.

6

Section 902.  Extension of time.

<--

7

* * *

8

(b)  Notice.--

9

(1)  Upon a determination that one of the factors listed

10

in subsection (a) applies, the open-records officer shall

11

send written notice to the requester within five business

12

days of receipt of the request for access under subsection

13

(a).

14

(2)  The notice shall include a statement notifying the

15

requester that the request for access is being reviewed, the

16

reason for the review, a reasonable date that a response is

17

expected to be provided and an estimate of applicable fees

18

owed when the record becomes available. If the date that a

19

response is expected to be provided is in excess of 30

20

business days, following the five business days allowed for

21

in section 901, the request for access shall be deemed denied

22

unless the requester has agreed in writing to an extension to

23

the date specified in the notice.

24

(3)  If the requester agrees to the extension, the

25

request shall be deemed denied on the day following the date

26

specified in the notice if the agency has not provided a

27

response by that date.

28

Section 1101.  Filing of appeal.

29

(a)  Authorization.--

30

(1)  If a written request for access to a record is

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1

denied or deemed denied, the requester may file an appeal

2

with the Office of Open Records or judicial, legislative or

3

other appeals officer designated under section 503(d) within

4

[15] 20 business days of the [mailing] postmark date of the

5

agency's response or within [15] 20 business days of a deemed

6

denial, whichever date comes first. If a denial is issued via

<--

7

e-mail, the requester may file an appeal under this paragraph

8

within 20 business days of the agency's response. The appeal

9

shall [state the grounds upon which the requester asserts

10

that the record is a public record, legislative record or

11

financial record and shall address any grounds stated by the

12

agency for delaying or denying the request.] identify the

13

records to which the requester has been denied access that

14

are the subject of the appeal.

15

(2)  Except as provided in section 503(d), in the case of

16

an appeal of a decision by a Commonwealth agency or local

17

agency, the Office of Open Records shall assign an appeals

18

officer to review the denial.

19

(b)  Determination.--

20

(1)  [Unless the requester agrees otherwise, the] The

21

appeals officer shall make a final determination which shall

22

be mailed to the requester and the agency within 30 days of

23

receipt of the appeal filed under subsection (a). The appeals

24

officer may extend this deadline by up to 15 days by

25

providing notice to both parties. If a hearing is held under

26

section 1102(a)(2), the appeals officer may extend the

27

deadline up to 15 additional days.

<--

28

(2)  If the appeals officer fails to issue a final

29

determination within 30 days, the appeal is deemed denied.

30

(3)  Prior to issuing a final determination, a hearing

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1

may be conducted. The determination by the appeals officer

2

shall be a final order. The appeals officer shall provide a

3

written explanation of the reason for the decision to the

4

requester and the agency.

5

(c)  Direct interest.--

6

(1)  A person other than the agency or requester with a

7

direct interest in the record subject to an appeal under this

8

section may, within 15 days following receipt of actual

9

knowledge of the appeal but no later than the date the

10

appeals officer issues an order, file a written request to

11

provide information or to appear before the appeals officer

12

or to file information in support of the requester's or

13

agency's position.

14

(2)  The appeals officer may grant a request under

15

paragraph (1) if:

16

(i)  no hearing has been held;

17

(ii)  the appeals officer has not yet issued its

18

order; and

19

(iii)  the appeals officer believes the information

20

will be probative.

21

(3)  Copies of the written request shall be sent to the

22

agency and the requester.

23

Section 1102.  Appeals officers.

24

(a)  Duties.--An appeals officer designated under section 503

25

shall do all of the following:

26

(1)  Set a schedule for the requester and the open-

27

records officer to submit documents in support of their

28

positions.

29

(2)  Review all information filed relating to the

30

request. The appeals officer may hold a hearing, in which

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1

case the appeals officer may extend the deadline in section

2

1101(b)(1) by up to 15 days. A decision to hold or not to

3

hold a hearing is not appealable. The appeals officer may

4

admit into evidence testimony, evidence and documents that

5

the appeals officer believes to be reasonably probative and

6

relevant to an issue in dispute. The appeals officer may

7

limit the nature and extent of evidence found to be

8

cumulative.

9

(3)  Consult with agency counsel as appropriate.

10

(4)  Issue a final determination on behalf of the Office

11

of Open Records or other agency.

12

* * *

13

Section 1307.  Fee limitations.

<--

14

* * *

15

(b)  Duplication.--

16

(1)  Fees for duplication by photocopying, printing from

17

electronic media or microfilm, copying onto electronic media,

18

transmission by facsimile or other electronic means and other

19

means of duplication shall be established:

20

(i)  by the Office of Open Records, for Commonwealth

21

agencies and local agencies;

22

(ii)  by each judicial agency; and

23

(iii)  by each legislative agency.

24

(2)  The fees must be reasonable and based on prevailing

25

fees for comparable duplication services provided by local

26

business entities.

27

(3)  Fees for local agencies may reflect regional price

28

differences.

29

(4)  The following apply to complex and extensive data

30

sets, including geographic information systems or integrated

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1

property assessment lists.

2

(i)  Fees for copying may be based on the reasonable

3

market value of the same or closely related data sets.

4

(ii)  Subparagraph (i) shall not apply to:

5

(A)  a request by an individual employed by or

6

connected with a newspaper or magazine of general

7

circulation, weekly publication, press association or

8

radio or television station, for the purpose of

9

obtaining information for publication or broadcast;

10

or

11

(B)  a request by a nonprofit organization for

12

the conduct of educational research.

13

(iii)  Information obtained under subparagraph (ii)

14

shall be subject to paragraphs (1), (2) and (3).

15

(5)  A local agency may charge a per page fee not to

16

exceed one-half of the fee established under paragraph (1) to

17

review the records if the requester does not request

18

duplication of the records.

19

* * *

20

(h)  Prepayment.--Prior to granting a request for access in

21

accordance with this act, an agency may require a requester to

22

prepay an estimate of the fees authorized under this section if

23

the fees required to fulfill the request are expected to exceed

24

[$100] $50.

25

Section 1310.  Office of Open Records.

26

(a)  Establishment.--There is established in the Department

27

of Community and Economic Development an Office of Open Records.

28

The office shall do all of the following:

29

(1)  Provide information relating to the implementation

30

and enforcement of this act.

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1

(2)  Issue advisory opinions to agencies and requesters.

2

(3)  Provide annual training courses to agencies, public

3

officials and public employees on this act and 65 Pa.C.S. Ch. 

4

7 (relating to open meetings).

5

(4)  Provide annual, regional training courses to local

6

agencies, public officials and public employees.

7

(5)  Assign appeals officers to review appeals of

8

decisions by Commonwealth agencies or local agencies, except

9

as provided in section 503(d), filed under section 1101 and

10

issue orders and opinions. The office shall employ or

11

contract with attorneys to serve as appeals officers to

12

review appeals and, if necessary, to hold hearings on a

13

regional basis under this act. Each appeals officer must

14

comply with all of the following:

15

(i)  Complete a training course provided by the

16

Office of Open Records prior to acting as an appeals

17

officer.

18

(ii)  If a hearing is necessary, hold hearings

19

regionally as necessary to ensure access to the remedies

20

provided by this act.

21

(iii)  Comply with the procedures under section

22

1102(b).

23

(6)  Establish an informal mediation program to resolve

24

disputes under this act.

25

(7)  Establish an Internet website with information

26

relating to this act, including information on fees, advisory

27

opinions and decisions and the name and address of all open

28

records officers in this Commonwealth.

29

(8)  Conduct a biannual review of fees charged under this

30

act.

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1

(9)  Annually report on its activities and findings to

2

the Governor and the General Assembly. The report shall be

3

posted and maintained on the Internet website established

4

under paragraph (7).

5

(b)  Executive director.--Within 90 days of the effective

6

date of this section, the Governor shall appoint an executive

7

director of the office who shall serve for a term of six years.

8

Compensation shall be set by the Executive Board established

9

under section 204 of the act of April 9, 1929 (P.L.177, No.175),

10

known as The Administrative Code of 1929. The executive director

11

may serve no more than two terms.

12

(c)  Limitation.--The executive director shall not seek

13

election nor accept appointment to any political office during

14

his tenure as executive director and for one year thereafter.

15

(d)  Staffing.--The executive director shall appoint

16

attorneys to act as appeals officers and additional clerical,

17

technical and professional staff as may be appropriate and may

18

contract for additional services as necessary for the

19

performance of the executive director's duties. The compensation

20

of attorneys and other staff shall be set by the Executive

21

Board. The appointment of attorneys shall not be subject to the

22

act of October 15, 1980 (P.L.950, No.164), known as the

23

Commonwealth Attorneys Act.

24

(e)  Duties.--The executive director shall ensure that the

25

duties of the Office of Open Records are carried out and shall

26

monitor cases appealed to the Office of Open Records.

27

(f)  Appropriation.--The appropriation for the office shall

28

be in a separate line item and shall be under the jurisdiction

29

of the executive director.

30

(g)  Standing.--The Office of Open Records shall have

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1

standing and may participate as a party in an appeal of a

2

decision of the office.

3

Section 3101.  Applicability.

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4

The following shall apply:

5

(1)  This act shall apply to requests for information

6

made after December 31, 2008.

7

(2)  In addition to any other entity to which this act

8

applies by its express provisions, and notwithstanding any

9

other provision of law to the contrary, this act shall apply

10

to the following:

11

(i)  The Pennsylvania Higher Education Assistance

12

Agency and any entity established thereby.

13

(ii)  The Pennsylvania Interscholastic Athletic

14

Association.

15

(iii)  Community colleges.

16

Section 5.  The amendment of section 506(d) of the act shall

<--

17

apply retroactively to actions which, on the effective date of

18

this section, are:

19

(1)  pending before a Commonwealth agency or a local

20

agency; or

21

(2)  on appeal from a Commonwealth agency or a local

22

agency.

23

Section 5 6.  This act shall take effect in 60 days.

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