| |
| PRIOR PRINTER'S NO. 2190 | PRINTER'S NO. 2230 |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| 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 | <-- |
|
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 |
|
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. |
|
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 |
|
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 |
|
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 |
|
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 |
|
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. |
|
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 |
|
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, |
|
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 |
|
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 |
|
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 |
|
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 |
|
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. |
|
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. |
|
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 |
|
1 | standing and may participate as a party in an appeal of a |
2 | decision of the office. |
3 | Section 3101. Applicability. | <-- |
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. | <-- |
|