HOUSE AMENDED
        PRIOR PRINTER'S NOS. 772, 1509, 1553,         PRINTER'S NO. 1763
        1562, 1583, 1646, 1704, 1721, 1726

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1 Session of 2007


        INTRODUCED BY PILEGGI, SCARNATI, MELLOW, ORIE, KASUNIC, MUSTO,
           RAFFERTY, O'PAKE, TOMLINSON, M. WHITE, ERICKSON, WAUGH,
           FOLMER, COSTA, EARLL, VANCE, BOSCOLA, CORMAN, WONDERLING,
           GORDNER, RHOADES, D. WHITE, PIPPY, MADIGAN, ARMSTRONG, BAKER,
           C. WILLIAMS, BRUBAKER, BROWNE, REGOLA, DINNIMAN AND
           EICHELBERGER, MARCH 29, 2007

        AMENDMENTS TO SENATE AMENDMENTS, HOUSE OF REPRESENTATIVES,
           FEBRUARY 11, 2008

                                     AN ACT

     1  Providing for access to public information, for a designated
     2     open-records officer in each Commonwealth agency, local
     3     agency, judicial agency and legislative agency, for
     4     procedure, for appeal of agency determination, for judicial
     5     review and for the Office of Open Records; imposing
     6     penalties; providing for reporting by State-related
     7     institutions; requiring the posting of certain State contract
     8     information on the Internet; and making related repeals.

     9                         TABLE OF CONTENTS
    10  Chapter 1.  Preliminary Provisions
    11  Section 101.  Short title.
    12  Section 102.  Definitions.
    13  Chapter 3.  Requirements and Prohibitions
    14  Section 301.  Commonwealth agencies.
    15  Section 302.  Local agencies.
    16  Section 303.  Legislative agencies.
    17  Section 304.  Judicial agencies.


     1  Section 305.  Presumption.
     2  Section 306.  Nature of document.
     3  Chapter 5.  Access
     4  Section 501.  Scope of chapter.
     5  Section 502.  Open-records officer.
     6  Section 503.  Appeals officer.
     7  Section 504.  Regulations and policies.
     8  Section 505.  Uniform form.
     9  Section 506.  Requests.
    10  Section 507.  Retention of records.
    11  Chapter 7.  Procedure
    12  Section 701.  Access.
    13  Section 702.  Requests.
    14  Section 703.  Written requests.
    15  Section 704.  Electronic access.
    16  Section 705.  Creation of record.
    17  Section 706.  Redaction.
    18  Section 707.  Production of certain records.
    19  Section 708.  Exceptions for public records.
    20  Chapter 9.  Agency Response
    21  Section 901.  General rule.
    22  Section 902.  Extension of time.
    23  Section 903.  Denial.
    24  Section 904.  Certified copies.
    25  Section 905.  Record discard.
    26  Chapter 11.  Appeal of Agency Determination
    27  Section 1101.  Filing of appeal.
    28  Section 1102.  Appeals officers.
    29  Chapter 13.  Judicial Review
    30  Section 1301.  Commonwealth agencies, legislative agencies and
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     1                 judicial agencies.
     2  Section 1302.  Local agencies.
     3  Section 1303.  Notice and records.
     4  Section 1304.  Court costs and attorney fees.
     5  Section 1305.  Penalties.
     6  Section 1306.  Immunity.
     7  Section 1307.  Fee limitations.
     8  Section 1308.  Prohibition.
     9  Section 1309.  Practice and procedure.
    10  Section 1310.  Office of Open Records.
    11  Chapter 15.  State-Related Institutions
    12  Section 1501.  Definition.
    13  Section 1502.  Reporting.
    14  Section 1503.  Contents of report.
    15  Section 1504.  Copies and posting.
    16  Chapter 17.  State Contract Information
    17  Section 1701.  Submission and retention of contracts.
    18  Section 1702.  Public availability of contracts.
    19  Chapter 31.  Miscellaneous Provisions
    20  Section 3101.  Applicability.
    21  Section 3101.1.  Relation to other law or judicial actions.
    22  Section 3101.2.  Severability.
    23  Section 3102.  Repeals.
    24  Section 3103.  References.
    25  Section 3104.  Effective date.
    26     The General Assembly of the Commonwealth of Pennsylvania
    27  hereby enacts as follows:
    28                             CHAPTER 1
    29                       PRELIMINARY PROVISIONS
    30  Section 101.  Short title.
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     1     This act shall be known and may be cited as the Right-to-Know
     2  Law.
     3  Section 102.  Definitions.
     4     The following words and phrases when used in this act shall
     5  have the meanings given to them in this section unless the
     6  context clearly indicates otherwise:
     7     "Administrative proceeding."  A proceeding by an agency the
     8  outcome of which is required to be based on a record or
     9  documentation prescribed by law or in which a statute or
    10  regulation is particularized in application to individuals. The
    11  term includes an appeal.
    12     "Agency."  A Commonwealth agency, a local agency, a judicial
    13  agency or a legislative agency.
    14     "Aggregated data."  A tabulation of data which relate to
    15  broad classes, groups or categories so that it is not possible
    16  to distinguish the properties of individuals within those
    17  classes, groups or categories.
    18     "Appeals officer."  As follows:
    19         (1)  For a Commonwealth agency or a local agency, the
    20     appeals officer designated under section 503(a).
    21         (2)  For a judicial agency, the individual designated
    22     under section 503(b).
    23         (3)  For a legislative agency, the individual designated
    24     under section 503(c).
    25         (4)  For the Attorney General, State Treasurer, Auditor
    26     General and local agencies in possession of criminal
    27     investigative records, the individual designated under
    28     section 503(d).
    29     "Commonwealth agency."  Any of the following:
    30         (1)  Any office, department, authority, board, multistate
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     1     agency or commission of the executive branch; an independent
     2     agency; and a State-affiliated entity. The term includes:
     3             (i)  The Governor's Office.
     4             (ii)  The Office of Attorney General, the Department
     5         of the Auditor General and the Treasury Department.
     6             (iii)  An organization established by the
     7         Constitution of Pennsylvania, a statute or an executive
     8         order which performs or is intended to perform an
     9         essential governmental function.
    10         (2)  The term does not include a judicial or legislative
    11     agency.
    12     "Confidential proprietary information."  Commercial or
    13  financial information received by an agency:
    14         (1)  which is privileged or confidential; and
    15         (2)  the disclosure of which would cause substantial harm
    16     to the competitive position of the person that submitted the
    17     information.
    18     "Financial record."  Includes: ANY OF THE FOLLOWING:           <--
    19         (1)  Any account, voucher or contract dealing with:
    20             (i)  the receipt or disbursement of funds by an
    21         agency; or
    22             (ii)  an agency's acquisition, use or disposal of
    23         services, supplies, materials, equipment or property.
    24         (2)  The salary or other payments or expenses paid to an
    25     officer or employee of an agency, including the name and
    26     title of the officer or employee.
    27         (3)  Results of a financial audit.                         <--
    28         (3)  A FINANCIAL AUDIT REPORT. THE TERM DOES NOT INCLUDE   <--
    29     WORK PAPERS UNDERLYING AN AUDIT.
    30     "Homeland security."  Governmental actions designed to
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     1  prevent, detect, respond to and recover from acts of terrorism,
     2  major disasters and other emergencies, whether natural or
     3  manmade. The term includes activities relating to the following:
     4         (1)  emergency preparedness and response, including
     5     preparedness and response activities by volunteer medical,
     6     police, emergency management, hazardous materials and fire
     7     personnel;
     8         (2)  intelligence activities;
     9         (3)  critical infrastructure protection;
    10         (4)  border security;
    11         (5)  ground, aviation and maritime transportation
    12     security;
    13         (6)  biodefense;
    14         (7)  detection of nuclear and radiological materials; and
    15         (8)  research on next-generation securities technologies.
    16     "Independent agency."  Any board, commission or other agency
    17  or officer of the Commonwealth, that is not subject to the
    18  policy supervision and control of the Governor. The term does
    19  not include a legislative or judicial agency.
    20     "Judicial agency."  A court of the Commonwealth or any other
    21  entity or office of the unified judicial system.
    22     "Legislative agency."  Any of the following:
    23         (1)  The Senate.
    24         (2)  The House of Representatives.
    25         (3)  The Capitol Preservation Committee.
    26         (4)  The Center for Rural Pennsylvania.
    27         (5)  The Joint Legislative Air and Water Pollution
    28     Control and Conservation Committee.
    29         (6)  The Joint State Government Commission.
    30         (7)  The Legislative Budget and Finance Committee.
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     1         (8)  The Legislative Data Processing Committee.
     2         (9)  The Independent Regulatory Review Commission.
     3         (10)  The Legislative Reference Bureau.
     4         (11)  The Local Government Commission.
     5         (12)  The Pennsylvania Commission on Sentencing.
     6         (13)  The Legislative Reapportionment Commission.
     7         (14)  The Legislative Office of Research Liaison.
     8         (15)  THE LEGISLATIVE AUDIT ADVISORY COMMISSION.           <--
     9     "Legislative record."  Any of the following relating to a
    10  legislative agency or a standing committee, subcommittee or
    11  conference committee of a legislative agency:
    12         (1)  A financial record.
    13         (2)  A bill or resolution that has been introduced and
    14     amendments offered thereto in committee or in legislative
    15     session, including resolutions to adopt or amend the rules of
    16     a chamber.
    17         (3)  Fiscal notes.
    18         (4)  A cosponsorship memorandum.
    19         (5)  The journal of a chamber.
    20         (6)  The minutes of, record of attendance of members at a
    21     public hearing or a public committee meeting and all recorded
    22     votes taken in a public committee meeting.
    23         (7)  The transcript of a public hearing when available.
    24         (8)  Executive nomination calendars.
    25         (9)  The rules of a chamber.
    26         (10)  A record of all recorded votes taken in a
    27     legislative session.
    28         (11)  Any administrative staff manuals or written
    29     policies.
    30         (12)  An audit REPORT prepared pursuant to the act of      <--
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     1     June 30, 1970 (P.L.442, No.151) entitled, "An act
     2     implementing the provisions of Article VIII, section 10 of
     3     the Constitution of Pennsylvania, by designating the
     4     Commonwealth officers who shall be charged with the function
     5     of auditing the financial transactions after the occurrence
     6     thereof of the Legislative and Judicial branches of the
     7     government of the Commonwealth, establishing a Legislative
     8     Audit Advisory Commission, and imposing certain powers and
     9     duties on such commission."
    10         (13)  Final or annual reports required by law to be
    11     submitted to the General Assembly.
    12         (14)  Legislative Budget and Finance Committee reports.
    13         (15)  Daily Legislative Session Calendars and marked
    14     calendars.
    15         (16)  A record communicating to an agency the official
    16     appointment of a legislative appointee.
    17         (17)  A record communicating to the appointing authority
    18     the resignation of a legislative appointee.
    19         (18)  Proposed regulations, final-form regulations and
    20     final-omitted regulations submitted to a legislative agency.
    21         (19)  The results of public opinion surveys, polls, focus
    22     groups, marketing research or similar efforts designed to
    23     measure public opinion funded by a legislative agency.
    24     "Local agency."  Any of the following:
    25         (1)  Any political subdivision, intermediate unit,
    26     charter school, cyber charter school or public trade or
    27     vocational school.
    28         (2)  Any local, intergovernmental, regional or municipal
    29     agency, authority, council, board, commission or similar
    30     governmental entity.
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     1     "Office of Open Records."  The Office of Open Records
     2  established in section 1310.
     3     "Personal financial information."  An individual's personal
     4  credit, charge or debit card information; bank account
     5  information; bank, credit or financial statements; account or
     6  PIN numbers and other information relating to an individual's
     7  personal finances.
     8     "Privilege."  The attorney-work product doctrine, the
     9  attorney-client privilege, the doctor-patient privilege, THE      <--
    10  SPEECH AND DEBATE PRIVILEGE or other privilege recognized by a
    11  court interpreting the laws of this Commonwealth.
    12     "Public record."  A record, INCLUDING A FINANCIAL RECORD, of   <--
    13  a Commonwealth or local agency that:
    14         (1)  is not exempt under section 708;
    15         (2)  is not exempt from being disclosed under any other
    16     Federal or State law or regulation or judicial order or
    17     decree; or
    18         (3)  is not protected by a privilege.
    19     "Record."  Information, regardless of physical form or
    20  characteristics, that documents a transaction or activity of an
    21  agency and that is created, received or retained pursuant to law
    22  or in connection with a transaction, business or activity of the
    23  agency. The term includes a document, paper, letter, map, book,
    24  tape, photograph, film or sound recording, information stored or
    25  maintained electronically and a data-processed or image-
    26  processed document.
    27     "Requester."  A person that is a legal resident of the United
    28  States and requests a record pursuant to this act. The term
    29  includes an agency.
    30     "Response."  Access to a record or an agency's written notice
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     1  to a requester granting, denying or partially granting and
     2  partially denying access to a record.
     3     "Social services."  Cash assistance and other welfare
     4  benefits, medical, mental and other health care services, drug
     5  and alcohol treatment, adoption services, vocational and          <--
     6  SERVICES AND TRAINING, occupational training, education           <--
     7  services, counseling services, workers' compensation services
     8  and unemployment compensation services, foster care services,     <--
     9  SERVICES FOR THE ELDERLY, SERVICES FOR INDIVIDUALS WITH
    10  DISABILITIES and services for victims of crimes AND DOMESTIC      <--
    11  VIOLENCE.
    12     "State-affiliated entity."  A Commonwealth authority or
    13  Commonwealth entity. The term includes the Pennsylvania Higher
    14  Education Assistance Agency and any entity established thereby,
    15  the Pennsylvania Gaming Control Board, the Pennsylvania Game
    16  Commission, the Pennsylvania Fish and Boat Commission, the
    17  Pennsylvania Housing Finance Agency, the Pennsylvania Municipal
    18  Retirement Board, the State System of Higher Education, a
    19  community college, the Pennsylvania Turnpike Commission, the
    20  Pennsylvania Public Utility Commission, the Pennsylvania
    21  Infrastructure Investment Authority, the State Public School
    22  Building Authority, the Pennsylvania Interscholastic Athletic
    23  Association and the Pennsylvania Educational Facilities
    24  Authority. The term does not include a State-related
    25  institution.
    26     "State-related institution."  Includes:
    27         (1)  Temple University.
    28         (2)  The University of Pittsburgh.
    29         (3)  The Pennsylvania State University.
    30         (4)  Lincoln University.
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     1     "Terrorist act."  A violent or life-threatening act that
     2  violates the criminal laws of the United States or any state and
     3  appears to be intended to:
     4         (1)  intimidate or coerce a civilian population;
     5         (2)  influence the policy of a government; or
     6         (3)  affect the conduct of a government by mass
     7     destruction, assassination or kidnapping.
     8     "Trade secret."  Information, including a formula, drawing,
     9  pattern, compilation, including a customer list, program,
    10  device, method, technique or process that:
    11         (1)  derives independent economic value, actual or
    12     potential, from not being generally known to and not being
    13     readily ascertainable by proper means by other persons who
    14     can obtain economic value from its disclosure or use; and
    15         (2)  is the subject of efforts that are reasonable under
    16     the circumstances to maintain its secrecy.
    17  The term includes data processing software obtained by an agency
    18  under a licensing agreement prohibiting disclosure.
    19                             CHAPTER 3
    20                   REQUIREMENTS AND PROHIBITIONS
    21  Section 301.  Commonwealth agencies.
    22     (a)  Requirement.--A Commonwealth agency shall provide public
    23  records in accordance with this act.
    24     (b)  Prohibition.--A Commonwealth agency may not deny a
    25  requester access to a public record due to the intended use of
    26  the public record by the requester unless otherwise provided by
    27  law.
    28  Section 302.  Local agencies.
    29     (a)  Requirement.--A local agency shall provide public
    30  records in accordance with this act.
    20070S0001B1763                 - 11 -     

     1     (b)  Prohibition.--A local agency may not deny a requester
     2  access to a public record due to the intended use of the public
     3  record by the requester unless otherwise provided by law.
     4  Section 303.  Legislative agencies.
     5     (a)  Requirement.--A legislative agency shall provide
     6  legislative records in accordance with this act.
     7     (b)  Prohibition.--A legislative agency may not deny a
     8  requester access to a legislative record due to the intended use
     9  of the legislative record by the requester.
    10  Section 304.  Judicial agencies.
    11     (a)  Requirement.--A judicial agency shall provide financial
    12  records in accordance with this act or any rule or order of
    13  court providing equal or greater access to the records.
    14     (b)  Prohibition.--A judicial agency may not deny a requester
    15  access to a financial record due to the intended use of the
    16  financial record by the requester.
    17  Section 305.  Presumption.
    18     (a)  General rule.--A record in the possession of a
    19  Commonwealth agency or local agency shall be presumed to be a
    20  public record. The presumption shall not apply if:
    21         (1)  the record is exempt under section 708;
    22         (2)  the record is protected by a privilege; or
    23         (3)  the record is exempt from disclosure under any other
    24     Federal or State law or regulation or judicial order or
    25     decree.
    26     (b)  Legislative records and financial records.--A
    27  legislative record in the possession of a legislative agency and
    28  a financial record in the possession of a judicial agency shall
    29  be presumed to be available in accordance with this act. The
    30  presumption shall not apply if:
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     1         (1)  the record is exempt under section 708;
     2         (2)  the record is protected by a privilege; or
     3         (3)  the record is exempt from disclosure under any other
     4     Federal or State law, regulation or judicial order or decree.
     5  Section 306.  Nature of document.
     6     Nothing in this act shall supersede or modify the public or
     7  nonpublic nature of a record or document established in Federal
     8  or State law, regulation or judicial order or decree.
     9                             CHAPTER 5
    10                               ACCESS
    11  Section 501.  Scope of chapter.
    12     This chapter applies to all agencies.
    13  Section 502.  Open-records officer.
    14     (a)  Establishment.--
    15         (1)  An agency shall designate an official or employee to
    16     act as the open-records officer.
    17         (2)  For a legislative agency other than the Senate or
    18     the House of Representatives, the open-records officer
    19     designated by the Legislative Reference Bureau shall serve as
    20     the open-records officer. Notwithstanding paragraph (1), a
    21     political party caucus of a legislative agency may appoint an
    22     open-records officer under this section.
    23     (b)  Functions.--
    24         (1)  The open-records officer shall receive requests
    25     submitted to the agency under this act, direct requests to
    26     other appropriate persons within the agency or to appropriate
    27     persons in another agency, track the agency's progress in
    28     responding to requests and issue interim and final responses
    29     under this act.
    30         (2)  Upon receiving a request for a public record,
    20070S0001B1763                 - 13 -     

     1     legislative record or financial record, the open-records
     2     officer shall do all of the following:
     3             (i)  Note the date of receipt on the written request.
     4             (ii)  Compute the day on which the five-day period
     5         under section 901 will expire and make a notation of that
     6         date on the written request.
     7             (iii)  Maintain an electronic or paper copy of a
     8         written request, including all documents submitted with
     9         the request until the request has been fulfilled. If the
    10         request is denied, the written request shall be
    11         maintained for 30 days or, if an appeal is filed, until a
    12         final determination is issued under section 1101(b) or
    13         the appeal is deemed denied.
    14             (iv)  Create a file for the retention of the original
    15         request, a copy of the response, a record of written
    16         communications with the requester and a copy of other
    17         communications. This subparagraph shall only apply to
    18         Commonwealth agencies.
    19  Section 503.  Appeals officer.
    20     (a)  Commonwealth agencies and local agencies.--Except as
    21  provided in subsection (d), the Office of Open Records
    22  established under section 1310 shall designate an appeals
    23  officer under section 1101(a)(2) for all:
    24         (1)  Commonwealth agencies; and
    25         (2)  local agencies.
    26     (b)  Judicial agencies.--A judicial agency shall designate an
    27  appeals officer to hear appeals under Chapter 11.
    28     (c)  Legislative agencies.--
    29         (1)  Except as set forth in paragraph (2), the
    30     Legislative Reference Bureau shall designate an appeals
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     1     officer to hear appeals under Chapter 11 for all legislative
     2     agencies.
     3         (2)  Each of the following shall designate an appeals
     4     officer to hear appeals under Chapter 11:
     5             (i)  The Senate.
     6             (ii)  The House of Representatives.
     7     (d)  Law enforcement records and Statewide officials.--
     8         (1)  The Attorney General, State Treasurer and Auditor
     9     General shall each designate an appeals officer to hear
    10     appeals under Chapter 11.
    11         (2)  The district attorney of a county shall designate
    12     one or more appeals officers to hear appeals under Chapter 11
    13     relating to access to criminal investigative records in
    14     possession of a local agency of that county. The appeals
    15     officer designated by the district attorney shall determine
    16     if the record requested is a criminal investigative record.
    17  Section 504.  Regulations and policies.
    18     (a)  Authority.--An agency may promulgate regulations and
    19  policies necessary for the agency to implement this act. The
    20  Office of Open Records may promulgate regulations relating to
    21  appeals involving a Commonwealth agency or local agency.
    22     (b)  Posting.--The following information shall be posted at
    23  each agency and, if the agency maintains an Internet website, on
    24  the agency's Internet website:
    25         (1)  Contact information for the open-records officer.
    26         (2)  Contact information for the Office of Open Records
    27     or other applicable appeals officer.
    28         (3)  A form which may be used to file a request.
    29         (4)  Regulations, policies and procedures of the agency
    30     relating to this act.
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     1  Section 505.  Uniform form.
     2     (a)  Commonwealth and local agencies.--The Office of Open
     3  Records shall develop a uniform form which shall be accepted by
     4  all Commonwealth and local agencies in addition to any form used
     5  by the agency to file a request under this act. The uniform form
     6  shall be published in the Pennsylvania Bulletin and on the
     7  Office of Open Record's Internet website.
     8     (b)  Judicial agencies.--A judicial agency or the
     9  Administrative Office of Pennsylvania Courts may develop a form
    10  to request financial records or may accept a form developed by
    11  the Office of Open Records.
    12     (c)  Legislative agencies.--A legislative agency may develop
    13  a form to request legislative records or may accept the form
    14  developed by the Office of Open Records.
    15  Section 506.  Requests.
    16     (a)  Disruptive requests.--
    17         (1)  An agency may deny a requester access to a record if
    18     the requester has made repeated requests for that same record
    19     and the repeated requests have placed an unreasonable burden
    20     on the agency.
    21         (2)  A denial under this subsection shall not restrict
    22     the ability to request a different record.
    23     (b)  Disaster or potential damage.--
    24         (1)  An agency may deny a requester access:
    25             (i)  when timely access is not possible due to fire,
    26         flood or other disaster; or
    27             (ii)  to historical, ancient or rare documents,
    28         records, archives and manuscripts when access may, in the
    29         professional judgment of the curator or custodian of
    30         records, cause physical damage or irreparable harm to the
    20070S0001B1763                 - 16 -     

     1         record.
     2         (2)  To the extent possible, the contents of a record
     3     under this subsection shall be made accessible to a requester
     4     even when the record is physically unavailable.
     5     (c)  Agency discretion.--An agency may exercise its
     6  discretion to make any otherwise exempt record accessible for
     7  inspection and copying under this chapter, if all of the
     8  following apply:
     9         (1)  Disclosure of the record is not prohibited under any
    10     of the following:
    11             (i)  Federal or State law or regulation.
    12             (ii)  Judicial order or decree.
    13         (2)  The record is not protected by a privilege.
    14         (3)  The agency head determines that the public interest
    15     favoring access outweighs any individual, agency or public
    16     interest that may favor restriction of access.
    17     (d)  Agency possession.--
    18         (1)  A public record that is not in the possession of an
    19     agency but is in the possession of a party with whom the
    20     agency has contracted to perform a governmental function on
    21     behalf of the agency, and which directly relates to the
    22     governmental function and is not exempt under this act, shall
    23     be considered a public record of the agency for purposes of
    24     this act.
    25         (2)  Nothing in this act shall be construed to require
    26     access to any other record of the party in possession of the
    27     public record.
    28         (3)  A request for a public record in possession of a
    29     party other than the agency shall be submitted to the open
    30     records officer of the agency. Upon a determination that the
    20070S0001B1763                 - 17 -     

     1     record is subject to access under this act, the open records
     2     officer shall assess the duplication fee established under
     3     section 1307(b) and upon collection shall remit the fee to
     4     the party in possession of the record if the party duplicated
     5     the record.
     6  Section 507.  Retention of records.
     7     Nothing in this act shall be construed to modify, rescind or
     8  supersede any record retention policy or disposition schedule of
     9  an agency established pursuant to law, regulation, policy or
    10  other directive.
    11                             CHAPTER 7
    12                             PROCEDURE
    13  Section 701.  Access.
    14     (a)  General rule.--Unless otherwise provided by law, a
    15  public record, legislative record or financial record shall be
    16  accessible for inspection and duplication in accordance with
    17  this act. A record being provided to a requester shall be
    18  provided in the medium requested if it exists in that medium;
    19  otherwise, it shall be provided in the medium in which it
    20  exists. Public records, legislative records or financial records
    21  shall be available for access during the regular business hours
    22  of an agency.
    23     (b)  Construction.--Nothing in this act shall be construed to
    24  require access to any computer either of an agency or individual
    25  employee of an agency.
    26  Section 702.  Requests.
    27     Agencies may fulfill verbal, written or anonymous verbal or
    28  written requests for access to records under this act. If the
    29  requester wishes to pursue the relief and remedies provided for
    30  in this act, the request for access to records must be a written
    20070S0001B1763                 - 18 -     

     1  request.
     2  Section 703.  Written requests.
     3     A written request for access to records may be submitted in
     4  person, by mail, by e-mail, by facsimile or, to the extent
     5  provided by agency rules, any other electronic means. A written
     6  request must be addressed to the open-records officer designated
     7  pursuant to section 502. Employees of an agency shall be
     8  directed to forward requests for records to the open-records
     9  officer. A written request should identify or describe the
    10  records sought with sufficient specificity to enable the agency
    11  to ascertain which records are being requested and shall include
    12  the name and address to which the agency should address its
    13  response. A written request need not include any explanation of
    14  the requester's reason for requesting or intended use of the
    15  records unless otherwise required by law.
    16  Section 704.  Electronic access.
    17     (a)  General rule.--In addition to the requirements of
    18  section 701, an agency may make its records available through
    19  any publicly accessible electronic means.
    20     (b)  Response.--
    21         (1)  In addition to the requirements of section 701, an
    22     agency may respond to a request by notifying the requester
    23     that the record is available through publicly accessible
    24     electronic means or that the agency will provide access to
    25     inspect the record electronically.
    26         (2)  If the requester is unwilling or unable to access
    27     the record electronically, the requester may, within 30 days
    28     following receipt of the agency notification, submit a
    29     written request to the agency to have the record converted to
    30     paper. The agency shall provide access to the record in
    20070S0001B1763                 - 19 -     

     1     printed form within five days of the receipt of the written
     2     request for conversion to paper.
     3  Section 705.  Creation of record.
     4     When responding to a request for access, an agency shall not
     5  be required to create a record which does not currently exist or
     6  to compile, maintain, format or organize a record in a manner in
     7  which the agency does not currently compile, maintain, format or
     8  organize the record.
     9  Section 706.  Redaction.
    10     If an agency determines that a public record, legislative
    11  record or financial record contains information which is subject
    12  to access as well as information which is not subject to access,
    13  the agency's response shall grant access to the information
    14  which is subject to access and deny access to the information
    15  which is not subject to access. If the information which is not
    16  subject to access is an integral part of the public record,
    17  legislative record or financial record and cannot be separated,
    18  the agency shall redact from the record the information which is
    19  not subject to access, and the response shall grant access to
    20  the information which is subject to access. The agency may not
    21  deny access to the record if the information which is not
    22  subject to access is able to be redacted. Information which an
    23  agency redacts in accordance with this subsection shall be
    24  deemed a denial under Chapter 9.
    25  Section 707.  Production of certain records.
    26     (a)  General rule.--If, in response to a request, an agency
    27  produces a record that is not a public record, legislative
    28  record or financial record, the agency shall notify any third
    29  party that provided the record to the agency, the person that is
    30  the subject of the record and the requester.
    20070S0001B1763                 - 20 -     

     1     (b)  Requests for trade secrets.--An agency shall notify a
     2  third party of a request for a record if the third party
     3  provided the record and included a written statement signed by a
     4  representative of the third party that the record contains a
     5  trade secret or confidential proprietary information.
     6  Notification shall be provided within five business days of
     7  receipt of the request for the record. The third party shall
     8  have five business days from receipt of notification from the
     9  agency to provide input on the release of the record. The agency
    10  shall deny the request for the record or release the record
    11  within ten business days of the provision of notice to the third
    12  party and shall notify the third party of the decision.
    13     (c)  Transcripts.--
    14         (1)  Prior to an adjudication becoming final, binding and
    15     nonappealable, a transcript of an administrative proceeding
    16     shall be provided to a requester by the agency stenographer
    17     or a court reporter, in accordance with agency procedure or
    18     an applicable contract.
    19         (2)  Following an adjudication becoming final, binding
    20     and nonappealable, a transcript of an administrative
    21     proceeding shall be provided to a requester in accordance
    22     with the duplication rates established in section 1307(b).
    23  Section 708.  Exceptions for public records.
    24     (a)  Burden of proof.--
    25         (1)  The burden of proving that a record of a
    26     Commonwealth agency or local agency is exempt from public
    27     access shall be on the Commonwealth agency or local agency
    28     receiving a request by a preponderance of the evidence.
    29         (2)  The burden of proving that a legislative record is
    30     exempt from public access shall be on the legislative agency
    20070S0001B1763                 - 21 -     

     1     receiving a request by a preponderance of the evidence.
     2         (3)  The burden of proving that a financial record of a
     3     judicial agency is exempt from public access shall be on the
     4     judicial agency receiving a request by a preponderance of the
     5     evidence.
     6     (b)  Exceptions.--Except as provided in subsections (c) and
     7  (d), the following are exempt from access by a requester under
     8  this act:
     9         (1)  A record the disclosure of which:
    10             (i)  would result in the loss of Federal or State
    11         funds by an agency or the Commonwealth; or
    12             (ii)  would be reasonably likely to result in a
    13         substantial and demonstrable risk of physical harm to OR   <--
    14         THE PERSONAL SECURITY OF an individual.
    15         (2)  A record maintained by an agency in connection with
    16     the military, homeland security, national defense, law
    17     enforcement or other public safety activity that if disclosed
    18     would be reasonably likely to jeopardize or threaten public
    19     safety or preparedness or public protection activity or a
    20     record that is designated classified by an appropriate
    21     Federal or State military authority.
    22         (3)  A record, the disclosure of which creates a
    23     reasonable likelihood of endangering the safety or the
    24     physical security of a building, public utility, resource,
    25     infrastructure, facility or information storage system, which
    26     may include:
    27             (i)  documents or data relating to computer hardware,
    28         source files, software and system networks that could
    29         jeopardize computer security by exposing a vulnerability
    30         in preventing, protecting against, mitigating or
    20070S0001B1763                 - 22 -     

     1         responding to a terrorist act;
     2             (ii)  lists of infrastructure, resources and
     3         significant special events, including those defined by
     4         the Federal Government in the National Infrastructure
     5         Protections, which are deemed critical due to their
     6         nature and which result from risk analysis; threat
     7         assessments; consequences assessments; antiterrorism
     8         protective measures and plans; counterterrorism measures
     9         and plans; and security and response needs assessments;
    10         and
    11             (iii)  building plans or infrastructure records that
    12         expose or create vulnerability through disclosure of the
    13         location, configuration or security of critical systems,
    14         including public utility systems, structural elements,
    15         technology, communication, electrical, fire suppression,
    16         ventilation, water, wastewater, sewage and gas systems.
    17         (4)  A record regarding computer hardware, software and
    18     networks, including administrative or technical records,
    19     which, if disclosed, would be reasonably likely to jeopardize
    20     computer security.
    21         (5)  A record of an individual's medical, psychiatric or
    22     psychological history or disability status, including an
    23     evaluation, consultation, prescription, diagnosis or
    24     treatment; results of tests, including drug tests; enrollment
    25     in a health care program or program designed for
    26     participation by persons with disabilities, including
    27     vocation rehabilitation, workers' compensation and
    28     unemployment compensation; or related information that would
    29     disclose individually identifiable health information.
    30         (6)  (i)  The following personal identification
    20070S0001B1763                 - 23 -     

     1         information:
     2                 (A)  A record containing all or part of a
     3             person's Social Security number; driver's license
     4             number; personal financial information; home,
     5             cellular or personal telephone numbers; personal e-
     6             mail addresses; employee number or other confidential
     7             personal identification number.
     8                 (B)  A spouse's name; marital status, beneficiary
     9             or dependent information.
    10                 (C)  The home address of a law enforcement
    11             officer or judge.
    12             (ii)  Nothing in this paragraph shall preclude the
    13         release of the name, position, salary, actual
    14         compensation or other payments or expenses, employment
    15         contract, employment-related contract or agreement and
    16         length of service of a public official or an agency
    17         employee.
    18             (iii)  An agency may redact the name or other
    19         identifying information relating to an individual
    20         performing an undercover or covert law enforcement
    21         activity from a record.
    22         (7)  The following records relating to an agency
    23     employee:
    24             (i)  A letter of reference or recommendation
    25         pertaining to the character or qualifications of an
    26         identifiable individual, unless it was prepared in
    27         relation to the appointment of an individual to fill a
    28         vacancy in an elected office or an appointed office
    29         requiring Senate confirmation.
    30             (ii)  A performance rating or review.
    20070S0001B1763                 - 24 -     

     1             (iii)  The result of a civil service or similar test
     2         administered by a Commonwealth agency, legislative agency
     3         or judicial agency. The result of a civil service or
     4         similar test administered by a local agency shall not be
     5         disclosed if restricted by a collective bargaining
     6         agreement. Only test scores of individuals who obtained a
     7         passing score on a test administered by a local agency
     8         may be disclosed.
     9             (iv)  The employment application of an individual who
    10         is not hired by the agency.
    11             (v)  Workplace support services program information.
    12             (vi)  Written criticisms of an employee.
    13             (vii)  Grievance material, including documents
    14         related to discrimination or sexual harassment.
    15             (viii)  Information regarding discipline, demotion or
    16         discharge contained in a personnel file. This
    17         subparagraph shall not apply to the final action of an
    18         agency that results in demotion or discharge.
    19             (ix)  An academic transcript.
    20         (8)  (i)  A record pertaining to strategy or negotiations
    21         relating to labor relations or collective bargaining and
    22         related arbitration proceedings. This subparagraph shall
    23         not apply to a final or executed contract or agreement
    24         between the parties in a collective bargaining procedure.
    25             (ii)  In the case of the arbitration of a dispute or
    26         grievance under a collective bargaining agreement, an
    27         exhibit entered into evidence at an arbitration
    28         proceeding, a transcript of the arbitration or the
    29         opinion. This subparagraph shall not apply to the final
    30         award or order of the arbitrator in a dispute or
    20070S0001B1763                 - 25 -     

     1         grievance procedure.
     2         (9)  The draft of a bill, resolution, regulation,
     3     statement of policy, management directive, ordinance or
     4     amendment thereto prepared by or for an agency.
     5         (10)  (i)  A record that reflects:
     6                 (A)  The internal, predecisional deliberations of
     7             an agency, its members, employees or officials or
     8             predecisional deliberations between agency members,
     9             employees or officials and members, employees or
    10             officials of another agency, including predecisional
    11             deliberations relating to a budget recommendation,
    12             legislative proposal, legislative amendment,
    13             contemplated or proposed policy or course of action
    14             or any research, memos or other documents used in the
    15             predecisional deliberations.
    16                 (B)  The strategy to be used to develop or
    17             achieve the successful adoption of a budget,
    18             legislative proposal or regulation.
    19             (ii)  Subparagraph (i)(A) shall apply to agencies
    20         subject to 65 Pa.C.S. Ch. 7 (relating to open meetings)
    21         in a manner consistent with 65 Pa.C.S. Ch. 7. A record
    22         WHICH IS NOT OTHERWISE EXEMPT FROM ACCESS UNDER THIS ACT   <--
    23         AND WHICH IS presented to a quorum for deliberation in
    24         accordance with 65 Pa.C.S. Ch. 7 shall be a public
    25         record.
    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
    20070S0001B1763                 - 26 -     

     1         research or similar effort designed to measure public
     2         opinion.
     3         (11)  A record that constitutes or reveals a trade secret
     4     or confidential proprietary information.
     5         (12)  Notes and working papers prepared by or for a
     6     public official or agency employee used solely for that
     7     official's or employee's own personal use, including
     8     telephone message slips, routing slips and other materials
     9     that do not have an official purpose.
    10         (13)  Records that would disclose the identity of an
    11     individual who lawfully makes a donation to an agency unless
    12     the donation is intended for or restricted to providing
    13     remuneration or personal tangible benefit to a named public
    14     official or employee of the agency, including lists of
    15     potential donors compiled by an agency to pursue donations,
    16     donor profile information or personal identifying information
    17     relating to a donor.
    18         (14)  Unpublished lecture notes, unpublished manuscripts,
    19     unpublished articles, creative works in progress, research-
    20     related material and scholarly correspondence of a community
    21     college or an institution of the State System of Higher
    22     Education or a faculty member, staff employee, guest speaker
    23     or student thereof.
    24         (15)  Examination questions, scoring keys or answers to    <--
    25     an examination, including questions, keys and answers on
    26     tests in primary and secondary schools and institutions of
    27     higher education.
    28         (15)  (I)  ACADEMIC TRANSCRIPTS.                           <--
    29             (II)  EXAMINATIONS, EXAMINATION QUESTIONS, SCORING
    30         KEYS OR ANSWERS TO EXAMINATIONS. THIS SUBPARAGRAPH SHALL
    20070S0001B1763                 - 27 -     

     1         INCLUDE LICENSING AND OTHER EXAMINATIONS RELATING TO THE
     2         QUALIFICATIONS OF AN INDIVIDUAL AND TO EXAMINATIONS GIVEN
     3         IN PRIMARY AND SECONDARY SCHOOLS AND INSTITUTIONS OF
     4         HIGHER EDUCATION.
     5         (16)  A record of an agency relating to or resulting in a
     6     criminal investigation, including:
     7             (i)  Complaints of potential criminal conduct other
     8         than a private criminal complaint.
     9             (ii)  Investigative materials, notes, correspondence,
    10         videos and reports.
    11             (iii)  A record that includes the identity of a
    12         confidential source or the identity of a suspect who has
    13         not been charged with an offense to whom confidentiality
    14         has been promised.
    15             (iv)  A record that includes information made
    16         confidential by law or court order.
    17             (v)  Victim information, including any information
    18         that would jeopardize the safety of the victim.
    19             (vi)  A record that, if disclosed, would do any of
    20         the following:
    21                 (A)  Reveal the institution, progress or result
    22             of a criminal investigation, except the filing of
    23             criminal charges.
    24                 (B)  Deprive a person of the right to a fair
    25             trial or an impartial adjudication.
    26                 (C)  Impair the ability to locate a defendant or
    27             codefendant.
    28                 (D)  Hinder an agency's ability to secure an
    29             arrest, prosecution or conviction.
    30                 (E)  Endanger the life or physical safety of an
    20070S0001B1763                 - 28 -     

     1             individual.
     2     This paragraph shall not apply to information contained in a
     3     police blotter as defined in 18 Pa.C.S. § 9102 (relating to
     4     definitions) and utilized or maintained by the Pennsylvania
     5     State Police, local, campus, transit or port authority police
     6     department or other law enforcement agency or in a traffic
     7     report except as provided under 75 Pa.C.S. § 3754(b)
     8     (relating to accident prevention investigations).
     9         (17)  A record of an agency relating to a noncriminal
    10     investigation, including:
    11             (i)  Complaints submitted to an agency.
    12             (ii)  Investigative materials, notes, correspondence
    13         and reports.
    14             (iii)  A record that includes the identity of a
    15         confidential source, including individuals subject to the
    16         act of December 12, 1986 (P.L.1559, No.169), known as the
    17         Whistleblower Law.
    18             (iv)  A record that includes information made
    19         confidential by law.
    20             (v)  Work papers underlying an audit.
    21             (vi)  A record that, if disclosed, would do any of
    22         the following:
    23                 (A)  Reveal the institution, progress or result
    24             of an agency investigation, except the imposition of
    25             a fine or civil penalty, the suspension, modification
    26             or revocation of a license, permit, registration,
    27             certification or similar authorization issued by an
    28             agency or an executed settlement agreement unless the
    29             agreement is determined to be confidential by a
    30             court.
    20070S0001B1763                 - 29 -     

     1                 (B)  Deprive a person of the right to an
     2             impartial adjudication.
     3                 (C)  Constitute an unwarranted invasion of
     4             privacy.
     5                 (D)  Hinder an agency's ability to secure an
     6             administrative or civil sanction.
     7                 (E)  Endanger the life or physical safety of an
     8             individual.
     9         (18)  (i)  Records or parts of records, except time
    10         response logs, pertaining to audio recordings, telephone
    11         or radio transmissions received by emergency dispatch
    12         personnel, including 911 recordings.
    13             (ii)  This paragraph shall not apply to a 911
    14         recording, or a transcript of a 911 recording, if the      <--
    15         agency or a court determines that the public interest in
    16         disclosure outweighs the interest in nondisclosure.
    17         (19)  DNA and RNA records.
    18         (20)  An autopsy record of a coroner or medical examiner
    19     and any audiotape of a postmortem examination or autopsy, or
    20     a copy, reproduction or facsimile of an autopsy report, a
    21     photograph, negative or print, including a photograph or
    22     videotape of the body or any portion of the body of a
    23     deceased person at the scene of death or in the course of a
    24     postmortem examination or autopsy taken or made by or caused
    25     to be taken or made by the coroner or medical examiner. This
    26     exception shall not limit the reporting of the name of the
    27     deceased individual and the cause and manner of death.
    28         (21)  (i)  Draft minutes of any meeting of an agency
    29         until the next regularly scheduled meeting of the agency.
    30             (ii)  Minutes of an executive session and any record
    20070S0001B1763                 - 30 -     

     1         of discussions held in executive session.
     2         (22)  (i)  The contents of real estate appraisals,
     3         engineering or feasibility estimates, environmental
     4         reviews, audits or evaluations made for or by an agency
     5         relative to the following:
     6                 (A)  The leasing, acquiring or disposing of real
     7             property or an interest in real property.
     8                 (B)  The purchase of public supplies or equipment
     9             included in the real estate transaction.
    10                 (C)  Construction projects.
    11             (ii)  This paragraph shall not apply once the
    12         decision is made to proceed with the lease, acquisition
    13         or disposal of real property or an interest in real
    14         property or the purchase of public supply or construction
    15         project.
    16         (23)  Library and archive circulation and order records
    17     of an identifiable individual or groups of individuals.
    18         (24)  Library archived and museum materials, or valuable
    19     or rare book collections or documents contributed by gift,
    20     grant, bequest or devise, to the extent of any limitations
    21     imposed by the donor as a condition of the contribution.
    22         (25)  A record identifying the location of an
    23     archeological site or an endangered or threatened plant or
    24     animal species if not already known to the general public.
    25         (26)  A proposal pertaining to agency procurement or
    26     disposal of supplies, services or construction prior to the
    27     award of the contract or prior to the opening and rejection
    28     of all bids; financial information of a bidder or offeror
    29     requested in an invitation for bid or request for proposals
    30     to demonstrate the bidder's or offeror's economic capability;
    20070S0001B1763                 - 31 -     

     1     or the identity of members, notes and other records of agency
     2     proposal evaluation committees established under 62 Pa.C.S. §
     3     513 (relating to competitive sealed proposals).
     4         (27)  A record or information relating to a communication
     5     between an agency and its insurance carrier, administrative
     6     service organization or risk management office. This
     7     paragraph shall not apply to a contract with an insurance
     8     carrier, administrative service organization or risk
     9     management office or to financial records relating to the
    10     provision of insurance.
    11         (28)  A record or information:
    12             (i)  identifying an individual who applies for or
    13         receives social services; or
    14             (ii)  relating to the following:
    15                 (A)  the type of social services received by an
    16             individual;
    17                 (B)  an individual's application to receive
    18             social services, including a record or information
    19             related to an agency decision to grant, deny, reduce
    20             or restrict benefits, including a quasi-judicial
    21             decision of the agency and the identity of a
    22             caregiver or others who provide services to the
    23             individual; or
    24                 (C)  eligibility to receive social services,
    25             including the individual's income, assets, physical
    26             or mental health, age, disability, family
    27             circumstances or record of abuse.
    28         (29)  Correspondence between a person and a member of the
    29     General Assembly and records accompanying the correspondence
    30     which would identify a person that requests assistance or
    20070S0001B1763                 - 32 -     

     1     constituent services. This paragraph shall not apply to
     2     correspondence between a member of the General Assembly and a
     3     principal or lobbyist under 65 Pa.C.S. Ch. 13A (relating to
     4     lobbyist disclosure).
     5         (30)  A RECORD IDENTIFYING THE NAME, HOME ADDRESS OR DATE  <--
     6     OF BIRTH OF A CHILD 17 YEARS OF AGE OR YOUNGER.
     7     (c)  Financial records.--The exceptions set forth in
     8  subsection (b) shall not apply to financial records, except for   <--
     9  financial records THAT AN AGENCY MAY REDACT THAT PORTION OF A     <--
    10  FINANCIAL RECORD protected under subsection (b)(1), (2), (3),
    11  (4) or (5) or personal financial information. An agency shall     <--
    12  redact that portion of a financial record which would disclose
    13  information protected under subsection (b)(6). An agency shall
    14  (4), (5), (6), (16) OR (17). AN AGENCY SHALL not disclose the     <--
    15  identity of an individual performing an undercover or covert law
    16  enforcement activity. or other nonfinancial information           <--
    17  protected under subsection (b)(16) or (17).
    18     (d)  Aggregated data.--The exceptions set forth in subsection
    19  (b) shall not apply to aggregated data maintained or received by
    20  an agency, except for data protected under subsection (b)(1),
    21  (2), (3), (4) or (5).
    22     (E)  CONSTRUCTION.--IN DETERMINING WHETHER A RECORD IS EXEMPT  <--
    23  FROM ACCESS UNDER THIS SECTION, AN AGENCY SHALL CONSIDER AND
    24  APPLY EACH EXEMPTION SEPARATELY.
    25                             CHAPTER 9
    26                          AGENCY RESPONSE
    27  Section 901.  General rule.
    28     Upon receipt of a written request for access to a record, an
    29  agency shall make a good faith effort to determine if the record
    30  requested is a public record, legislative record or financial
    20070S0001B1763                 - 33 -     

     1  record and whether the agency has possession, custody or control
     2  of the identified record, and to respond as promptly as possible
     3  under the circumstances existing at the time of the request. All
     4  applicable fees shall be paid in order to receive access to the
     5  record requested. The time for response shall not exceed five
     6  business days from the date the written request is received by
     7  the open-records officer for an agency. If the agency fails to
     8  send the response within five business days of receipt of the
     9  written request for access, the written request for access shall
    10  be deemed denied.
    11  Section 902.  Extension of time.
    12     (a)  Determination.--Upon receipt of a written request for
    13  access, the open-records officer for an agency shall determine
    14  if one of the following applies:
    15         (1)  the request for access requires redaction of a
    16     record in accordance with section 706;
    17         (2)  the request for access requires the retrieval of a
    18     record stored in a remote location;
    19         (3)  a timely response to the request for access cannot
    20     be accomplished due to bona fide and specified staffing
    21     limitations;
    22         (4)  a legal review is necessary to determine whether the
    23     record is a record subject to access under this act;
    24         (5)  the requester has not complied with the agency's
    25     policies regarding access to records;
    26         (6)  the requester refuses to pay applicable fees
    27     authorized by this act; or
    28         (7)  the extent or nature of the request precludes a
    29     response within the required time period.
    30     (b)  Notice.--
    20070S0001B1763                 - 34 -     

     1         (1)  Upon a determination that one of the factors listed
     2     in subsection (a) applies, the open-records officer shall
     3     send written notice to the requester within five business
     4     days of receipt of the request for access under subsection
     5     (a).
     6         (2)  The notice shall include a statement notifying the
     7     requester that the request for access is being reviewed, the
     8     reason for the review, a reasonable date that a response is
     9     expected to be provided and an estimate of applicable fees
    10     owed when the record becomes available. If the date that a
    11     response is expected to be provided is in excess of 30 days,
    12     following the five business days allowed for in section 901,
    13     the request for access shall be deemed denied unless the
    14     requester has agreed in writing to an extension to the date
    15     specified in the notice.
    16         (3)  If the requester agrees to the extension, the
    17     request shall be deemed denied on the day following the date
    18     specified in the notice if the agency has not provided a
    19     response by that date.
    20  Section 903.  Denial.
    21     If an agency's response is a denial of a written request for
    22  access, whether in whole or in part, the denial shall be issued
    23  in writing and shall include:
    24         (1)  A description of the record requested.
    25         (2)  The specific reasons for the denial, including a
    26     citation of supporting legal authority.
    27         (3)  The typed or printed name, title, business address,
    28     business telephone number and signature of the open-records
    29     officer on whose authority the denial is issued.
    30         (4)  Date of the response.
    20070S0001B1763                 - 35 -     

     1         (5)  The procedure to appeal the denial of access under
     2     this act.
     3  Section 904.  Certified copies.
     4     If an agency's response grants a request for access, the
     5  agency shall, upon request, provide the requester with a
     6  certified copy of the record if the requester pays the
     7  applicable fees under section 1307.
     8  Section 905.  Record discard.
     9     If an agency response to a requester states that copies of
    10  the requested records are available for delivery at the office
    11  of an agency and the requester fails to retrieve the records
    12  within 60 days of the agency's response, the agency may dispose
    13  of any copies which have not been retrieved and retain any fees
    14  paid to date.
    15                             CHAPTER 11
    16                   APPEAL OF AGENCY DETERMINATION
    17  Section 1101.  Filing of appeal.
    18     (a)  Authorization.--
    19         (1)  If a written request for access to a record is
    20     denied or deemed denied, the requester may file an appeal
    21     with the Office of Open Records or judicial, legislative or
    22     other appeals officer designated under section 503(d) within
    23     15 business days of the mailing date of the agency's response
    24     or within 15 business days of a deemed denial. The appeal
    25     shall state the grounds upon which the requester asserts that
    26     the record is a public record, legislative record or
    27     financial record and shall address any grounds stated by the
    28     agency for delaying or denying the request.
    29         (2)  Except as provided in section 503(d), in the case of
    30     an appeal of a decision by a Commonwealth agency or local
    20070S0001B1763                 - 36 -     

     1     agency, the Office of Open Records shall assign an appeals
     2     officer to review the denial.
     3     (b)  Determination.--
     4         (1)  Unless the requester agrees otherwise, the appeals
     5     officer shall make a final determination which shall be
     6     mailed to the requester and the agency within 30 days of
     7     receipt of the appeal filed under subsection (a).
     8         (2)  If the appeals officer fails to issue a final
     9     determination within 30 days, the appeal is deemed denied.
    10         (3)  Prior to issuing a final determination, a hearing
    11     may be conducted. The determination by the appeals officer
    12     shall be a final order. The appeals officer shall provide a
    13     written explanation of the reason for the decision to the
    14     requester and the agency.
    15     (c)  Direct interest.--
    16         (1)  A person other than the agency or requester with a
    17     direct interest in the record subject to an appeal under this
    18     section may, within 15 days following receipt of actual
    19     knowledge of the appeal but no later than the date the
    20     appeals officer issues an order, file a written request to
    21     provide information or to appear before the appeals officer
    22     or to file information in support of the requester's or
    23     agency's position.
    24         (2)  The appeals officer may grant a request under
    25     paragraph (1) if:
    26             (i)  no hearing has been held;
    27             (ii)  the appeals officer has not yet issued its
    28         order; and
    29             (iii)  the appeals officer believes the information
    30         will be probative.
    20070S0001B1763                 - 37 -     

     1         (3)  Copies of the written request shall be sent to the
     2     agency and the requester.
     3  Section 1102.  Appeals officers.
     4     (a)  Duties.--An appeals officer designated under section 503
     5  shall do all of the following:
     6         (1)  Set a schedule for the requester and the open-
     7     records officer to submit documents in support of their
     8     positions.
     9         (2)  Review all information filed relating to the
    10     request. The appeals officer may hold a hearing. A decision
    11     to hold or not to hold a hearing is not appealable. The
    12     appeals officer may admit into evidence testimony, evidence
    13     and documents that the appeals officer believes to be
    14     reasonably probative and relevant to an issue in dispute. The
    15     appeals officer may limit the nature and extent of evidence
    16     found to be cumulative.
    17         (3)  Consult with agency counsel as appropriate.
    18         (4)  Issue a final determination on behalf of the Office
    19     of Open Records or other agency.
    20     (b)  Procedures.--The Office of Open Records, a judicial
    21  agency, a legislative agency, the Attorney General, Auditor
    22  General, State Treasurer or district attorney may adopt
    23  procedures relating to appeals under this chapter.
    24         (1)  If an appeal is resolved without a hearing, 1 Pa.
    25     Code Pt. II (relating to general rules of administrative
    26     practice and procedure) does not apply except to the extent
    27     that the agency has adopted these chapters in its regulations
    28     or rules under this subsection.
    29         (2)  If a hearing is held, 1 Pa. Code Pt. II shall apply
    30     unless the agency has adopted regulations, policies or
    20070S0001B1763                 - 38 -     

     1     procedures to the contrary under this subsection.
     2         (3)  In the absence of a regulation, policy or procedure
     3     governing appeals under this chapter, the appeals officer
     4     shall rule on procedural matters on the basis of justice,
     5     fairness and the expeditious resolution of the dispute.
     6                             CHAPTER 13
     7                          JUDICIAL REVIEW
     8  Section 1301.  Commonwealth agencies, legislative agencies and
     9                 judicial agencies.
    10     (a)  General rule.--Within 30 days of the mailing date of the
    11  final determination of the appeals officer relating to a
    12  decision of a Commonwealth agency, a legislative agency or a
    13  judicial agency issued under section 1101(b) or the date a
    14  request for access is deemed denied, a requester or the agency
    15  may file a petition for review or other document as might be
    16  required by rule of court with the Commonwealth Court. The
    17  decision of the court shall contain findings of fact and
    18  conclusions of law based upon the evidence as a whole. The
    19  decision shall clearly and concisely explain the rationale for
    20  the decision.
    21     (b)  Stay.--A petition for review under this section shall
    22  stay the release of documents until a decision under subsection
    23  (a) is issued.
    24  Section 1302.  Local agencies.
    25     (a)  General rule.--Within 30 days of the mailing date of the
    26  final determination of the appeals officer relating to a
    27  decision of a local agency issued under section 1101(b) or of
    28  the date a request for access is deemed denied, a requester or
    29  local agency may file a petition for review or other document as
    30  required by rule of court with the court of common pleas for the
    20070S0001B1763                 - 39 -     

     1  county where the local agency is located. The decision of the
     2  court shall contain findings of fact and conclusions of law
     3  based upon the evidence as a whole. The decision shall clearly
     4  and concisely explain the rationale for the decision.
     5     (b)  Stay.--A petition for review under this section shall
     6  stay the release of documents until a decision under subsection
     7  (a) is issued.
     8  Section 1303.  Notice and records.
     9     (a)  Notice.--An agency, the requester and the Office of Open
    10  Records or designated appeals officer shall be served notice of
    11  actions commenced in accordance with section 1301 or 1302 and
    12  shall have an opportunity to respond in accordance with
    13  applicable court rules.
    14     (b)  Record on appeal.--The record before a court shall
    15  consist of the request, the agency's response, the appeal filed
    16  under section 1101, the hearing transcript, if any, and the
    17  final written determination of the appeals officer.
    18  Section 1304.  Court costs and attorney fees.
    19     (a)  Reversal of agency determination.--If a court reverses
    20  the final determination of the appeals officer or grants access
    21  to a record after a request for access was deemed denied, the
    22  court may award reasonable attorney fees and costs of litigation
    23  or an appropriate portion thereof to a requester if the court
    24  finds either of the following:
    25         (1)  the agency receiving the original request willfully
    26     or with wanton disregard deprived the requester of access to
    27     a public record subject to access or otherwise acted in bad
    28     faith under the provisions of this act; or
    29         (2)  the exemptions, exclusions or defenses asserted by
    30     the agency in its final determination were not based on a
    20070S0001B1763                 - 40 -     

     1     reasonable interpretation of law.
     2     (b)  Sanctions for frivolous requests or appeals.--The court
     3  may award reasonable attorney fees and costs of litigation or an
     4  appropriate portion thereof to an agency or the requester if the
     5  court finds that the legal challenge under this chapter was
     6  frivolous.
     7     (c)  Other sanctions.--Nothing in this act shall prohibit a
     8  court from imposing penalties and costs in accordance with
     9  applicable rules of court.
    10  Section 1305.  Civil penalty.
    11     (a)  Denial of access.--A court may impose a civil penalty of
    12  not more than $1,500 if an agency denied access to a public
    13  record in bad faith.
    14     (b)  Failure to comply with court order.--An agency or public
    15  official who does not promptly comply with a court order under
    16  this act is subject to a civil penalty of not more than $500 per
    17  day until the public records are provided.
    18  Section 1306.  Immunity.
    19     (a)  General rule.--Except as provided in sections 1304 and
    20  1305 and other statutes governing the release of records, no
    21  agency, public official or public employee shall be liable for
    22  civil penalties resulting from compliance or failure to comply
    23  with this act.
    24     (b)  Schedules.--No agency, public official or public
    25  employee shall be liable for civil or criminal damages or
    26  penalties under this act for complying with any written public
    27  record retention and disposition schedule.
    28  Section 1307.  Fee limitations.
    29     (a)  Postage.--Fees for postage may not exceed the actual
    30  cost of mailing.
    20070S0001B1763                 - 41 -     

     1     (b)  Duplication.--
     2         (1)  Fees for duplication by photocopying, printing from
     3     electronic media or microfilm, copying onto electronic media,
     4     transmission by facsimile or other electronic means and other
     5     means of duplication shall be established:
     6             (i)  by the Office of Open Records, for Commonwealth
     7         agencies and local agencies;
     8             (ii)  by each judicial agency; and
     9             (iii)  by each legislative agency.
    10         (2)  The fees must be reasonable and based on prevailing
    11     fees for comparable duplication services provided by local
    12     business entities.
    13         (3)  Fees for local agencies may reflect regional price
    14     differences.
    15         (4)  The following apply to complex and extensive data
    16     sets, including geographic information systems or integrated
    17     property assessment lists.
    18             (i)  Fees for copying may be based on the reasonable
    19         market value of the same or closely related data sets.
    20             (ii)  Subparagraph (i) shall not apply to:
    21                 (A)  a request by an individual employed by OR     <--
    22             CONNECTED WITH a newspaper or magazine of general
    23             circulation, weekly newspaper PUBLICATION, press       <--
    24             association or radio or television station, for the
    25             purpose of obtaining information for publication or
    26             broadcast; or
    27                 (B)  a request by a nonprofit organization for
    28             the conduct of educational research.
    29             (iii)  Information obtained under subparagraph (ii)
    30         shall be subject to paragraphs (1), (2) and (3).
    20070S0001B1763                 - 42 -     

     1             (iv)  Information obtained under this paragraph shall  <--
     2         not be sold or otherwise provided to another person for
     3         commercial purposes.
     4     (c)  Certification.--An agency may impose reasonable fees for
     5  official certification of copies if the certification is at the
     6  behest of the requester and for the purpose of legally verifying
     7  the public record.
     8     (d)  Conversion to paper.--If a record is only maintained
     9  electronically or in other nonpaper media, duplication fees
    10  shall be limited to the lesser of the fee for duplication on
    11  paper or the fee for duplication in the original media as
    12  provided by subsection (b) unless the requester specifically
    13  requests for the record to be duplicated in the more expensive
    14  medium.
    15     (e)  Enhanced electronic access.--If an agency offers
    16  enhanced electronic access to records in addition to making the
    17  records accessible for inspection and duplication by a requester
    18  as required by this act, the agency may establish user fees
    19  specifically for the provision of the enhanced electronic
    20  access, but only to the extent that the enhanced electronic
    21  access is in addition to making the records accessible for
    22  inspection and duplication by a requester as required by this
    23  act. The user fees for enhanced electronic access may be a flat
    24  rate, a subscription fee for a period of time, a per-transaction
    25  fee, a fee based on the cumulative time of system access or any
    26  other reasonable method and any combination thereof. The user
    27  fees for enhanced electronic access must be reasonable, must be
    28  approved by the Office of Open Records and may not be
    29  established with the intent or effect of excluding persons from
    30  access to records or duplicates thereof or of creating profit
    20070S0001B1763                 - 43 -     

     1  for the agency.
     2     (f)  Waiver of fees.--An agency may waive the fees for
     3  duplication of a record, including, but not limited to, when:
     4         (1)  the requester duplicates the record; or
     5         (2)  the agency deems it is in the public interest to do
     6     so.
     7     (g)  Limitations.--Except as otherwise provided by statute,
     8  no other fees may be imposed unless the agency necessarily
     9  incurs costs for complying with the request, and such fees must
    10  be reasonable. No fee may be imposed for an agency's review of a
    11  record to determine whether the record is a public record,
    12  legislative record or financial record subject to access in
    13  accordance with this act.
    14     (h)  Prepayment.--Prior to granting a request for access in
    15  accordance with this act, an agency may require a requester to
    16  prepay an estimate of the fees authorized under this section if
    17  the fees required to fulfill the request are expected to exceed
    18  $100.
    19  Section 1308.  Prohibition.
    20     A policy or regulation adopted under this act may not include
    21  any of the following:
    22         (1)  A limitation on the number of records which may be
    23     requested or made available for inspection or duplication.
    24         (2)  A requirement to disclose the purpose or motive in
    25     requesting access to records.
    26  Section 1309.  Practice and procedure.
    27     The provisions of 2 Pa.C.S. (relating to administrative law
    28  and procedure) shall not apply to this act unless specifically
    29  adopted by regulation or policy.
    30  Section 1310.  Office of Open Records.
    20070S0001B1763                 - 44 -     

     1     (a)  Establishment.--There is established in the Department
     2  of Community and Economic Development an Office of Open Records.
     3  The office shall do all of the following:
     4         (1)  Provide information relating to the implementation
     5     and enforcement of this act.
     6         (2)  Issue advisory opinions to agencies and requesters.
     7         (3)  Provide annual training courses to agencies, public
     8     officials and public employees on this act and 65 Pa.C.S. Ch.
     9     7 (relating to open meetings).
    10         (4)  Provide annual, regional training courses to local
    11     agencies, public officials and public employees.
    12         (5)  Assign appeals officers to review appeals of
    13     decisions by Commonwealth agencies or local agencies, except
    14     as provided in section 503(d), filed under section 1101 and
    15     issue orders and opinions. The office shall employ or
    16     contract with attorneys to serve as appeals officers to
    17     review appeals and, if necessary, to hold hearings on a
    18     regional basis under this act. Each appeals officer must
    19     comply with all of the following:
    20             (i)  Complete a training course provided by the
    21         Office of Open Records prior to acting as an appeals
    22         officer.
    23             (ii)  If a hearing is necessary, hold hearings
    24         regionally as necessary to ensure access to the remedies
    25         provided by this act.
    26             (iii)  Comply with the procedures under section
    27         1102(b).
    28         (6)  Establish an informal mediation program to resolve
    29     disputes under this act.
    30         (7)  Establish an Internet website with information
    20070S0001B1763                 - 45 -     

     1     relating to this act, including information on fees, advisory
     2     opinions and decisions and the name and address of all open
     3     records officers in this Commonwealth.
     4         (8)  Conduct a biannual review of fees charged under this
     5     act.
     6         (9)  Annually report on its activities and findings to
     7     the Governor and the General Assembly. The report shall be
     8     posted and maintained on the Internet website established
     9     under paragraph (7).
    10     (b)  Executive director.--Within 90 days of the effective
    11  date of this section, the Governor shall appoint an executive
    12  director of the office who shall serve for a term of six years.
    13  Compensation shall be set by the Executive Board established
    14  under section 204 of the act of April 9, 1929 (P.L.177, No.175),
    15  known as The Administrative Code of 1929. The executive director
    16  may serve no more than two terms.
    17     (c)  Limitation.--The executive director shall not seek
    18  election nor accept appointment to any political office during
    19  his tenure as executive director and for one year thereafter.
    20     (d)  Staffing.--The executive director shall appoint
    21  attorneys to act as appeals officers and additional clerical,
    22  technical and professional staff as may be appropriate and may
    23  contract for additional services as necessary for the
    24  performance of the executive director's duties. The compensation
    25  of attorneys and other staff shall be set by the Executive
    26  Board. The appointment of attorneys shall not be subject to the
    27  act of October 15, 1980 (P.L.950, No.164), known as the
    28  Commonwealth Attorneys Act.
    29     (e)  Duties.--The executive director shall ensure that the
    30  duties of the Office of Open Records are carried out and shall
    20070S0001B1763                 - 46 -     

     1  monitor cases appealed to the Office of Open Records.
     2     (f)  Appropriation.--The appropriation for the office shall
     3  be in a separate line item and shall be under the jurisdiction
     4  of the executive director.
     5                             CHAPTER 15
     6                     STATE-RELATED INSTITUTIONS
     7  Section 1501.  Definition.
     8     As used in this chapter, "State-related institution" means
     9  any of the following:
    10         (1)  Temple University.
    11         (2)  The University of Pittsburgh.
    12         (3)  The Pennsylvania State University.
    13         (4)  Lincoln University.
    14  Section 1502.  Reporting.
    15     No later than May 30 of each year, a State-related
    16  institution shall file with the Governor's Office, the General
    17  Assembly, the Auditor General and the State Library the
    18  information set forth in section 1503.
    19  Section 1503.  Contents of report.
    20     The report required under section 1502 shall include the
    21  following:
    22         (1)  Except as provided in paragraph (4), all information
    23     required by Form 990 or an equivalent form, of the United
    24     States Department of the Treasury, Internal Revenue Service,
    25     entitled the Return of Organization Exempt From Income Tax,
    26     regardless of whether the State-related institution is
    27     required to file the form by the Federal Government.
    28         (2)  The salaries of all officers and directors of the
    29     State-related institution.
    30         (3)  The highest 25 salaries paid to employees of the
    20070S0001B1763                 - 47 -     

     1     institution that are not included under paragraph (2).
     2         (4)  The report shall not include information relating to
     3     individual donors.
     4  Section 1504.  Copies and posting.
     5     A State-related institution shall maintain, for at least
     6  seven years, a copy of the report in the institution's library
     7  and shall provide free access to the report on the institution's
     8  Internet website.
     9                             CHAPTER 17
    10                     STATE CONTRACT INFORMATION
    11  Section 1701.  Submission and retention of contracts.
    12     (a)  General rule.--Whenever any Commonwealth agency,
    13  legislative agency or judicial agency shall enter into any
    14  contract involving any property, real, personal or mixed of any
    15  kind or description or any contract for personal services where
    16  the consideration involved in the contract is $5,000 or more, a
    17  copy of the contract shall be filed with the Treasury Department
    18  within ten days after the contract is fully executed on behalf
    19  of the Commonwealth agency, legislative agency or judicial
    20  agency or otherwise becomes an obligation of the Commonwealth
    21  agency, legislative agency or judicial agency. The provisions of
    22  this chapter shall not apply to contracts for services protected
    23  by a privilege. The provisions of this chapter shall not apply
    24  to a purchase order evidencing fulfillment of an existing
    25  obligation CONTRACT but shall apply to a purchase order           <--
    26  evidencing new obligations. The following shall apply:
    27         (1)  Each Commonwealth agency, legislative agency and
    28     judicial agency shall submit contracts in a form and
    29     structure mutually agreed upon by the Commonwealth agency,
    30     legislative agency or judicial agency and the State
    20070S0001B1763                 - 48 -     

     1     Treasurer.
     2         (2)  The Treasury Department may require each
     3     Commonwealth agency, legislative agency or judicial agency to
     4     provide a summary with each contract, which shall include the
     5     following:
     6             (i)  Date of execution.
     7             (ii)  Amount of the contract.
     8             (iii)  Beginning date of the contract.
     9             (iv)  End date of the contract, if applicable.
    10             (v)  Name of the agency entering into the contract.
    11             (vi)  The name of all parties executing the contract.
    12             (vii)  Subject matter of the contract.
    13     Each agency shall create and maintain the data under this
    14     paragraph in an ASCII-delimited text file, spreadsheet file
    15     or other file provided by Treasury Department regulation.
    16     (b)  Retention.--Every contract filed pursuant to subsection
    17  (a) shall remain on file with the Treasury Department for a
    18  period of not less than four years after the end date of the
    19  contract.
    20     (c)  Accuracy.--Each Commonwealth agency, legislative agency
    21  and judicial agency is responsible for verifying the accuracy
    22  and completeness of the information that it submits to the State
    23  Treasurer. The contract provided to the Treasury Department
    24  pursuant to this chapter shall be redacted in accordance with
    25  applicable provisions of this act by the agency filing the
    26  contract to the Treasury Department.
    27     (d)  Applicability.--The provisions of this act shall not
    28  apply to copies of contracts submitted to the Treasury
    29  Department, the Office of Auditor General or other agency for
    30  purposes of audits and warrants for disbursements under section
    20070S0001B1763                 - 49 -     

     1  307, 401, 402 or 403 of the act of April 9, 1929 (P.L.343,
     2  No.176), known as The Fiscal Code.
     3  Section 1702.  Public availability of contracts.
     4     (a)  General rule.--The Treasury Department shall make each
     5  contract filed pursuant to section 1701 available for public
     6  inspection either by posting a copy of the contract on the
     7  Treasury Department's publicly accessible Internet website or by
     8  posting a contract summary on the department's publicly
     9  accessible Internet website.
    10     (b)  Posting.--The Treasury Department shall post the
    11  information received pursuant to this chapter in a manner that
    12  allows the public to search contracts or contract summaries by
    13  the categories enumerated in section 1701(a)(2).
    14     (c)  Request to review or receive copy of contract.--The
    15  Treasury Department shall maintain a page on its publicly
    16  accessible Internet website that includes instructions on how to
    17  review a contract on the Internet website.
    18     (d)  Paper copy.--A paper copy of a contract may be requested
    19  from the agency that executed the contract in accordance with
    20  this act.
    21                             CHAPTER 31
    22                      MISCELLANEOUS PROVISIONS
    23  Section 3101.  Applicability.
    24     This act applies as follows:                                   <--
    25         (1)  This act shall apply to requests for information
    26     made after December 31, 2008.
    27         (2)  Chapter 15 shall apply to fiscal years beginning
    28     after June 30, 2008.
    29         (3)  Chapter 17 shall apply to contracts entered into or
    30     renewed after June 30, 2008.
    20070S0001B1763                 - 50 -     

     1  Section 3101.1.  Relation to other law or judicial actions.
     2     If the provisions of this act regarding access to public
     3  records conflict with any Federal or State law, judicial order
     4  or decree, the provisions of this act shall not apply.
     5     THIS ACT SHALL APPLY TO REQUESTS FOR INFORMATION MADE AFTER    <--
     6  DECEMBER 31, 2008.
     7  SECTION 3101.1.  RELATION TO OTHER LAWS.
     8     IF THE PROVISIONS OF THIS ACT REGARDING ACCESS TO RECORDS
     9  CONFLICT WITH ANY OTHER FEDERAL OR STATE LAW, THE PROVISIONS OF
    10  THIS ACT SHALL NOT APPLY.
    11  Section 3101.2.  Severability.
    12     All provisions of this act are severable.
    13  Section 3102.  Repeals.
    14     Repeals are as follows:
    15         (1)  The  General Assembly declares as follows:
    16             (i)  The repeal under paragraph (2)(i) is necessary
    17         to effectuate Chapter 17.
    18             (ii)  The repeals under paragraph (2)(ii) and (iii)
    19         are necessary to effectuate this act.
    20         (2)  The following acts and parts of acts are repealed:
    21             (i)  Section 1104 of the act of April 9, 1929
    22         (P.L.177, No.175), known as The Administrative Code of
    23         1929.
    24             (ii)  The act of June 21, 1957 (P.L.390, No.212),
    25         referred to as the Right-to-Know Law.
    26             (iii)  62 Pa.C.S. § 106.
    27  Section 3103.  References.
    28     A reference in a statute, regulation or judicial order or      <--
    29  decree NOTWITHSTANDING 1 PA.C.S. § 1937(B), A REFERENCE IN A      <--
    30  STATUTE OR REGULATION to the act of June 21, 1957 (P.L.390,
    20070S0001B1763                 - 51 -     

     1  No.212), referred to as the Right-to-Know Law, shall be deemed a
     2  reference to this act.
     3  Section 3104.  Effective date.
     4     This act shall take effect as follows:
     5         (1)  The following provisions shall take effect
     6     immediately:
     7             (i)  Sections 101, 102 and 1310.
     8             (ii)  This section.
     9         (2)  The remainder of this act shall take effect January   <--
    10         (2)  CHAPTERS 15 AND 17 AND SECTIONS 3102(1)(I) AND        <--
    11     3102(2)(I) SHALL TAKE EFFECT JULY 1, 2008.
    12         (3)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT JANUARY
    13     1, 2009.












    C26L02VDL/20070S0001B1763       - 52 -
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