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PRINTER'S NO. 176
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
187
Session of
2017
INTRODUCED BY McGARRIGLE, RAFFERTY AND KILLION, JANUARY 25, 2017
REFERRED TO STATE GOVERNMENT, JANUARY 25, 2017
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; in
procedure, further providing for written requests; and, in
judicial review, further providing for fee limitations.
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:
* * *
"Commercial purpose." The use of a record:
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(1) for the purpose of selling or reselling any portion
of the record;
(2) to obtain names and addresses from the record for
the purpose of solicitation; or
(3) for any other purpose that the requester can
reasonably expect to make a profit.
The term does not include the use of a public record by an
educational or noncommercial scientific institution for
scholarly or scientific research or the use of a public record
by the news media for dissemination in a newspaper, periodical
or radio or television news broadcast.
* * *
Section 2. Section 703 of the act is amended to read:
Section 703. Written requests.
(a) Method of submission.--
(1) A written request for access to records may be
submitted in person, by mail, by e-mail, by facsimile or, to
the extent provided by agency rules, by any other electronic
means. A written request must be addressed to the open-
records officer designated pursuant to section 502. Employees
of an agency shall be directed to forward requests for
records to the open-records officer. A written request should
identify or describe the records sought with sufficient
specificity to enable the agency to ascertain which records
are being requested and shall include the name and address to
which the agency should address its response. [A]
(2) Except as otherwise provided under subsection (b), a
written request need not include any explanation of the
requester's reason for requesting or intended use of the
records unless otherwise required by law.
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(b) Statement relating to commercial purpose.--
(1) A written request for the duplication of a record
should include a statement indicating whether or not the
requester intends to use the record for a commercial purpose.
(2) If a requester does not disclose the requester's
intention to use the records for a commercial purpose, the
requester may not use the record for a commercial purpose.
(3) An agency may deny a written request for access to a
record on the basis that the written request fails to include
the statement specified in paragraph (1).
(4) If the written request includes the statement
specified in paragraph (1), it shall be presumed that the
statement is true and correct. The request and the
information contained in the request shall be subject to the
provisions of 18 Pa.C.S. ยง 4904 (relating to unsworn
falsification to authorities).
Section 3. Section 1307 of the act is amended by adding a
subsection to read:
Section 1307. Fee limitations.
* * *
(i) Search and review fees.--In addition to fees charged
under subsection (b), additional reasonable standard fees for
the search and review of records may be assessed as follows when
records are requested for a commercial purpose:
(1) Search and review fees may be assessed at a per-
quarter-hour rate determined by each agency to cover the
actual cost associated with time expended by agency employees
in fulfilling a request for records to be used for a
commercial purpose.
(2) The search and review fee rate shall not exceed the
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quarter-hour rate of pay of the agency employees fulfilling
the request plus 20%.
(3) An agency may waive or reduce the search and review
fees if the agency deems the disclosure of the information is
in the public interest.
Section 4. This act shall take effect in 60 days.
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