PRINTER'S NO. 1159
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
37
Session of
2015
INTRODUCED BY GRELL, D. COSTA, WHEELAND, HACKETT, HARHART,
TAYLOR, SCHLEGEL CULVER, SANTARSIERO, SCHLOSSBERG, KINSEY,
BAKER, McNEILL, CALTAGIRONE, STEPHENS, HELM, BARRAR, WATSON,
PICKETT, FEE, GABLER, ROSS, WARD, GOODMAN, CUTLER, MARSICO,
READSHAW, A. HARRIS, KLUNK, MAHONEY, PHILLIPS-HILL AND MURT,
APRIL 10, 2015
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 10, 2015
AN ACT
Amending the act of February 14, 2008 (P.L.6, No.3), entitled
"An act providing for access to public information, for a
designated open-records officer in each Commonwealth agency,
local agency, judicial agency and legislative agency, for
procedure, for appeal of agency determination, for judicial
review and for the Office of Open Records; imposing
penalties; providing for reporting by State-related
institutions; requiring the posting of certain State contract
information on the Internet; and making related repeals," in
preliminary provisions, further providing for definitions;
and, in procedure, further providing for exceptions for
public records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law, is amended by
adding a definition to read:
Section 102. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
* * *
"Law enforcement officer." Any of the following:
(1) A member of the Pennsylvania State Police.
(2) A liquor enforcement officer of the Pennsylvania
State Police.
(3) Any enforcement officer or investigator employed by
the Pennsylvania Liquor Control Board.
(4) A parole agent, enforcement officer and investigator
of the Pennsylvania Board of Probation and Parole.
(5) A Capitol Police officer.
(6) A Department of Conservation and Natural Resources
ranger.
(7) A drug enforcement agent of the Office of Attorney
General whose principal duty is the enforcement of the drug
laws of this Commonwealth and a special agent of the Office
of Attorney General whose principal duty is the enforcement
of the criminal laws of this Commonwealth.
(8) Any member of an authority police department.
(9) Any police officer of a county, region, city,
borough, town or township.
(10) Any sheriff or deputy sheriff.
(11) A Pennsylvania Waterways Conservation Officer.
(12) A Pennsylvania Wildlife Conservation Officer.
(13) A member of a campus police force with the power to
arrest under section 2416 of the act of April 9, 1929
(P.L.177, No.175), known as The Administrative Code of 1929.
As used in this paragraph, the term "campus police" has the
meaning given in section 302 of the act of November 29, 2004
(P.L.1383, No.180), known as the Uniform Crime Reporting Act.
(14) A member of the Fort Indiantown Gap Police Force.
20150HB0037PN1159 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(15) A corrections officer employed at a State or county
correctional institution to provide any security or custodial
service for inmates.
(16) A constable or a deputy constable.
* * *
Section 2. Section 708(b)(6) of the act is amended to read:
Section 708. Exceptions for public records.
* * *
(b) Exceptions.--Except as provided in subsections (c) and
(d), the following are exempt from access by a requester under
this act:
* * *
(6) (i) The following personal identification
information:
(A) A record containing all or part of a
person's Social Security number, driver's license
number, personal financial information, home,
cellular or personal telephone numbers, personal e-
mail addresses, employee number or other confidential
personal identification number.
(B) A spouse's name, marital status or
beneficiary or dependent information.
(C) The home address of a current, former or
retired law enforcement officer or judge.
(ii) Nothing in this paragraph shall preclude the
release of the name, position, salary, actual
compensation or other payments or expenses, employment
contract, employment-related contract or agreement and
length of service of a public official or an agency
employee.
20150HB0037PN1159 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(iii) An agency may redact the name or other
identifying information relating to an individual
performing an undercover or covert law enforcement
activity from a record.
* * *
Section 3. This act shall take effect in 60 days.
20150HB0037PN1159 - 4 -
1
2
3
4
5
6