AN ACT

 

1Amending the act of February 14, 2008 (P.L.6, No.3), entitled 
2"An act providing for access to public information, for a 
3designated open-records officer in each Commonwealth agency, 
4local agency, judicial agency and legislative agency, for 
5procedure, for appeal of agency determination, for judicial 
6review and for the Office of Open Records; imposing 
7penalties; providing for reporting by State-related 
8institutions; requiring the posting of certain State contract 
9information on the Internet; and making related repeals,"
10further providing for definitions, for written requests and
11for fee limitations.

12The General Assembly of the Commonwealth of Pennsylvania
13hereby enacts as follows:

14Section 1. Section 102 of the act of February 14, 2008 
15(P.L.6, No.3), known as the Right-to-Know Law, is amended by
16adding a definition to read:

17Section 102. Definitions.

18The following words and phrases when used in this act shall
19have the meanings given to them in this section unless the
20context clearly indicates otherwise:

1* * *

2"Commercial purpose." The use of a record:

3(1) for the purpose of selling or reselling any portion
4of the record;

5(2) to obtain names and addresses from the record for
6the purpose of solicitation; or

7(3) for any other purpose through which the requester
8can reasonably expect to make a profit.

9The term shall not include the use of a public record by an
10educational or noncommercial scientific institution for
11scholarly or scientific research; or the use of a public record
12by the news media for dissemination in a newspaper, periodical
13or radio or television news broadcast.

14* * *

15Section 2. Section 703 of the act is amended to read:

16Section 703. Written requests.

17(a) Method of submission.--

18(1) A written request for access to records may be
19submitted in person, by mail, by e-mail, by facsimile or, to
20the extent provided by agency rules, by any other electronic
21means. A written request must be addressed to the open-
22records officer designated pursuant to section 502. Employees
23of an agency shall be directed to forward requests for
24records to the open-records officer. A written request should
25identify or describe the records sought with sufficient
26specificity to enable the agency to ascertain which records
27are being requested and shall include the name and address to
28which the agency should address its response. [A]

29(2) Except as otherwise provided under subsection (b), a
30written request need not include any explanation of the

1requester's reason for requesting or intended use of the
2records unless otherwise required by law.

3(b) Statement relating to commercial purpose.--

4(1) A written request for the duplication of a record
5shall include a statement indicating whether or not the
6requester intends to use the record for a commercial purpose.

7(2) If a requester does not disclose the requester's
8intention to use the record for a commercial purpose, the
9requester may not use the record for a commercial purpose.

10(3) An agency may deny a written request for access to a
11record on the basis that the written request fails to include
12the statement specified in paragraph (1).

13(4) If a written request includes the statement
14specified in paragraph (1), it shall be presumed that the
15statement is true and correct. The request and the
16information contained in the request shall be subject to the
17provisions of 18 Pa.C.S. § 4904 (relating to unsworn
18falsification to authorities).

19Section 3. Section 1307 of the act is amended by adding a
20subsection to read:

21Section 1307. Fee limitations.

22* * *

23(i) Search and review fees.--In addition to fees charged
24under subsection (b), additional reasonable standard fees for
25the search and review of records may be assessed as follows when
26records are requested for a commercial purpose:

27(1) Search and review fees may be assessed at a per-
28quarter-hour rate determined by each agency to cover the
29actual cost associated with time expended by agency employees
30in fulfilling a request for records to be used for a

1commercial purpose.

2(2) The search and review fee rate shall not exceed the
3quarter-hour rate of pay of the agency employees fulfilling
4the request plus 20%.

5(3) An agency may waive or reduce the search and review
6fees if the agency deems the disclosure of the information is
7in the public interest.

8Section 4. This act shall take effect in 60 days.