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," in
10preliminary provisions, further providing for definitions; in
11procedure, further providing for written requests; and, in
12judicial review, further providing for fee limitations.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1. Section 102 of the act of February 14, 2008 
16(P.L.6, No.3), known as the Right-to-Know Law, is amended by
17adding a definition to read:

18Section 102. Definitions.

19The following words and phrases when used in this act shall
20have the meanings given to them in this section unless the
21context clearly indicates otherwise:

22* * *

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

2(1) for the purpose of selling or reselling any portion
3of the record;

4(2) to obtain names and addresses from the record for
5the purpose of solicitation; or

6(3) for any other purpose through which the requester
7can reasonably expect to make a profit.

8* * *

9Section 2. Section 703 of the act is amended to read:

10Section 703. Written requests.

11(a) General rule.--A written request for access to records
12may be submitted in person, by mail, by e-mail, by facsimile or,
13to the extent provided by agency rules, by any other electronic
14means. A written request must be addressed to the open-records
15officer designated pursuant to section 502. Employees of an
16agency shall be directed to forward requests for records to the
17open-records officer. A written request should identify or
18describe the records sought with sufficient specificity to
19enable the agency to ascertain which records are being requested
20and shall include the name and address to which the agency
21should address its response. [A]

22(b) Reason for request.--Except as provided in subsection 
23(c), a written request need not include any explanation of the
24requester's reason for requesting or intended use of the records
25unless otherwise required by law.

26(c) Commercial purpose.--A written request for the
27duplication of a record shall include a statement indicating
28whether or not the requester intends to use the record for a
29commercial purpose.

30Section 3. Section 1307 of the act is amended by adding a

1subsection to read:

2Section 1307. Fee limitations.

3* * *

4(e.1) Records to be used for a commercial purpose.--

5(1) In responding to a request for records that will be
6used for a commercial purpose, an agency may charge a
7requester additional standard fees for the search, review and
8duplication of the records. The fees for records to be used
9for a commercial purpose must be reasonable, must be approved
10by the Office of Open Records and may not be established with
11the intent or effect of excluding persons from access to
12records or duplicates thereof or of creating profit for the
13agency.

14(2) Paragraph (1) shall not apply to:

15(i) a request made for records that are subject to
16the fees under subsection (b)(4);

17(ii) a request by an individual employed by or
18connected with a newspaper or magazine of general
19circulation, weekly publication, press association or
20radio or television station, for the purpose of obtaining
21information for publication or broadcast; or

22(iii) a request by a nonprofit organization for the
23purpose of conducting educational research.

24* * *

25Section 4. This act shall take effect in 60 days.