1Amending the act of February 14, 2008 (P.L.6, No.3), entitled 
2"An act providing for access to public information, for a 
3designated open-records officer in each Commonwealth agency, 
4local agency, judicial agency and legislative agency, for 
5procedure, for appeal of agency determination, for judicial 
6review and for the Office of Open Records; imposing 
7penalties; providing for reporting by State-related 
8institutions; requiring the posting of certain State contract 
9information on the Internet; and making related repeals," 
10further providing for definitions; providing for Pennsylvania 
11Interscholastic Athletic Association; further providing for 
12requests; providing for inmate access; further providing for 
13access, for requests, for written requests, for production of 
14certain records, for exceptions for public records, for 
15agency response in general, <-for extension of time, for filing 
16of appeal, for appeals officers, for specified agencies, for 
17fee limitations, for Office of Open Records, for reporting, 
18for contents of report and for copies and posting; and 
19providing for contracts <-and for applicability.

20The General Assembly of the Commonwealth of Pennsylvania
21hereby enacts as follows:

22Section 1. The definitions of "confidential proprietary 
23information," "independent agency," "local agency," "personal
24financial <-information" information," "requester" and "State-
25affiliated entity" in section 102 of the act of February 14,
 

12008 (P.L.6, No.3), known as the Right-to-Know Law, are amended 
2and the section is amended by adding definitions to read:

3Section 102. Definitions.

4The following words and phrases when used in this act shall
5have the meanings given to them in this section unless the
6context clearly indicates otherwise:

7* * *

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

9(1) for the purpose of selling or reselling any portion
10of the record;

11(2) to obtain names and addresses from the record for
12the purpose of <-commercial solicitation; or

13(3) in a manner through which the requester can
14reasonably expect to make a profit.

15The term does not include the use of a public record by an
16educational or noncommercial scientific institution for
17scholarly or scientific research or the use of a public record
18by the news media for news gathering or dissemination in a
19newspaper, periodical, digital publication or radio or
20television news broadcast.

21* * *

22"Confidential proprietary information." Commercial or 
23financial information received or created by an agency:

24(1) which is privileged or confidential; and

25(2) the disclosure of which would cause substantial harm
26to the competitive position of the person that submitted the
27information.

28* * *

29"Funding source." The General Fund, a special fund or other
30Federal or State funds appropriated by the General Assembly by

1statute or by executive authorization.

2* * *

3"Independent agency." Any board, commission, authority or
4other agency or officer of the Commonwealth, that is not subject
5to the policy supervision and control of the Governor. The term
6does not include a legislative or judicial agency.

7* * *

<-8"Local agency." Any of the following:

9(1) Any political subdivision, intermediate unit,
10charter school, cyber charter school or public trade or
11vocational school.

12(2) Any local, intergovernmental, regional or municipal
13agency, authority, council, board, commission or similar
14governmental entity. This paragraph includes an economic
15development authority and an industrial development
16authority.

17(3) Any campus police department of a State-owned or
18State-related college or university.

19"<-Local agency." Any of the following:

20(1) Any political subdivision, intermediate unit,
21charter school, cyber charter school or public trade or
22vocational school.

23(2) Any local, intergovernmental, regional or municipal
24agency, authority, council, board, commission or similar
25governmental entity. This paragraph includes an economic 
26development authority and an industrial development 
27authority. The term does not include an office of an elected 
28tax collector.

29(3) Any campus police department of a State-owned or
30State-related college or university.

1* * *

2"Personal financial information." An individual's personal
3credit, charge or debit card information; bank account or other 
4financial institution account information; bank, credit or
5financial statements; account or PIN numbers; forms required to 
6be filed by a taxpayer with a Federal or Commonwealth taxing 
7authority; <-employee benefit election information; and other
8information relating to an individual's personal finances.

9* * *

<-10"Requester." A person that is a legal resident of [the 
11United States] this Commonwealth and requests a record pursuant 
12to this act. The term includes an agency.

13* * *

14"State-affiliated entity." A Commonwealth authority or
15Commonwealth entity. The term includes the Pennsylvania Higher
16Education Assistance Agency and any entity established thereby,
17the Pennsylvania Gaming Control Board, the Pennsylvania Game
18Commission, the Pennsylvania Fish and Boat Commission, the
19Pennsylvania Housing Finance Agency, the Pennsylvania Municipal
20Retirement Board, the State System of Higher Education, a
21community college, the Pennsylvania Turnpike Commission, the
22Pennsylvania Public Utility Commission, the Pennsylvania
23Infrastructure Investment Authority, the State Public School
24Building Authority[, the Pennsylvania Interscholastic Athletic
25Association] and the Pennsylvania Higher Educational Facilities
26Authority. The term does not include a State-related
27institution.

28* * *

29"Time response log." A log created, received, maintained or 
30retained by a public-safety answering point (PSAP), as defined
 

1in 35 Pa.C.S. § 5302 (relating to definitions), containing the 
2following information:

3(1) The time the call was received by the PSAP.

4(2) The time the PSAP contacted or dispatched the
5appropriate agency for response.

6(3) The time the appropriate agency responded.

7(4) The time the appropriate agency arrived on the
8scene.

9(5) The time the appropriate agency became available.

10(6) The address of the incident or the cross street or
11mile marker nearest the scene of the incident.

12* * *

13Section 2. The act is amended by adding a section to read:

14Section 307. Pennsylvania Interscholastic Athletic Association.

15For purposes of this act, the Pennsylvania Interscholastic
16Athletic Association is considered to be a <-Commonwealth local
17agency and shall provide public records in accordance with this
18act.

19Section 3. Section 506 of the act is amended to read:

20Section 506. Requests.

21(a) Disruptive requests.--

22(1) An agency may deny a requester access to a record if
23the requester has made repeated requests for that same record
24and the repeated requests have placed an unreasonable burden
25on the agency.

26(2) A denial under this subsection shall not restrict
27the ability to request a different record.

28(b) Disaster or potential damage.--

29(1) An agency may deny a requester access:

30(i) when timely access is not possible due to fire,

1flood or other disaster; or

2(ii) to historical, ancient or rare documents,
3records, archives and manuscripts when access may, in the
4professional judgment of the curator or custodian of
5records, cause physical damage or irreparable harm to the
6record.

7(2) To the extent possible, the contents of a record
8under this subsection shall be made accessible to a requester
9even when the record is physically unavailable.

10(c) Agency discretion.--An agency may exercise its
11discretion to make any otherwise exempt record accessible for
12inspection and copying under this chapter, if all of the
13following apply:

14(1) Disclosure of the record is not prohibited or 
15restricted under any of the following:

16(i) Federal or State law or regulation.

17(ii) Judicial order or decree.

18(2) The record is not protected by a privilege.

19(3) The agency head determines that the public interest
20favoring access outweighs any individual, agency or public
21interest that may favor restriction of access.

22(d) Agency possession.--

23(1) [A public record that is not in the possession of an
24agency but is in the possession of a party with whom the
25agency has contracted to perform a governmental function on
26behalf of the agency, and which directly relates to the
27governmental function and is not exempt under this act, shall
28be considered a public record of the agency for purposes of
29this act.] An agency which is a party to a contract shall 
30provide a copy of the contract and any public records of the
 

1agency relating to the contract.

2(2) Nothing in this act shall be construed to require
3access to any other record of the party in possession of the
4public record.

5(3) A request for a public record in possession of a
6party other than the agency shall be submitted to the open
7records officer of the agency. Upon a determination that the
8record is subject to access under this act, the open records
9officer shall assess the duplication fee established under
10section 1307(b) and upon collection shall remit the fee to
11the party in possession of the record if the party duplicated
12the record.

13Section 4. The act is amended by adding a section to read:

14Section 508. Inmate access.

15(a) Status.--Except as provided in subsection (b), an inmate
16may not be a requester for purposes of this act.

17(b) Records.--An agency shall provide an inmate with copies
18of the following records as they pertain directly to the inmate
19if the disclosure of the record will not diminish the safety or
20security of any person or correctional facility:

21(1) Criminal records relating to the criminal commitment
22of the inmate.

23(2) Institutional housing information.

24(3) The inmate's financial records.

25(4) The inmate's work records.

26(5) The inmate's educational records.

27(6) The inmate's disciplinary records.

28(7) Disciplinary, housing and other policies adopted by
29the correctional institution <-or the Department of 
30Corrections.

1(8) A record relating to any Federal or State benefit
2received by the inmate or for which the inmate is eligible.

3(9) The inmate's tax records.

4(10) The inmate's voting records.

5(11) Records relating to any license issued to the
6inmate by a Commonwealth or local agency.

7(c) Applicability.--Nothing under this section shall
8prohibit an agency from voluntarily permitting an inmate to have
9access to records not listed under subsection (b) or prevent an
10agency from complying with a lawful subpoena or court order.

11Section 5. Sections 701, 702, 703 and 707 of the act are
12amended to read:

13Section 701. Access.

14(a) General rule.--Unless otherwise provided by law, a
15public record, legislative record or financial record shall be
16accessible for inspection and duplication in accordance with
17this act. A record being provided to a requester shall be
18provided in the medium, computer file format or other format
19requested if it exists in that medium, computer file format or 
20other format; otherwise, it shall be provided in the medium in
21which it exists. Public records, legislative records or
22financial records shall be available for access during the
23regular business hours of an agency.

24(b) Construction.--Nothing in this act shall be construed to
25require access to any computer either of an agency or individual
26employee of an agency.

27Section 702. Requests.

28Agencies may fulfill verbal[, written or anonymous verbal] or
29written requests for access to records under this act. If the
30requester wishes to pursue the relief and remedies provided for

1in this act, the request for access to records must be a written
2request.

3Section 703. Written requests.

4A written request for access to records may be submitted in
5person, by mail, by e-mail, by facsimile or, to the extent
6provided by agency rules, by any other electronic means. A
7written request must be addressed to the open-records officer
8designated pursuant to section 502 or to the administrative 
9office of the agency. [Employees of an] The administrative 
10office of the agency shall [be directed to] promptly forward
11requests for records to the agency's open-records officer <-of the 
12agency that received the request. A written request [should<-] 
13shall include the physical mailing address of the requester, 
14shall identify or describe the records sought with sufficient
15specificity to enable the agency to ascertain which records are
16being requested and shall include the name and address to which
17the agency should address its response. [A] Except as required 
18under section 707(d), a written request need not include any
19explanation of the requester's reason for requesting or intended
20use of the records unless otherwise required by law. A written 
21request must include the name and address of the requester and 
22the name of the agency to which the request is addressed.

23Section 707. Production of certain records.

24(a) General rule.--If, in response to a request, an agency
25produces a record that is not a public record, legislative
26record or financial record, the agency shall notify any third
27party that provided the record to the agency, the person that is
28the subject of the record and the requester.

29(b) Requests for trade secrets.--An agency shall notify a
30third party of a request for a record if the third party

1provided the record and included a written statement signed by a
2representative of the third party that the record contains a
3trade secret or confidential proprietary information.
4Notification shall be provided within five business days of
5receipt of the request for the record. The third party shall
6have five business days from receipt of notification from the
7agency to provide input on the release of the record. The agency
8shall deny the request for the record or release the record
9within ten business days of the provision of notice to the third
10party and shall notify the third party of the decision.

11(c) Transcripts.--

12(1) Prior to an adjudication becoming final, binding and
13nonappealable, a transcript of an administrative proceeding
14shall be provided to a requester by the agency stenographer
15or a court reporter, in accordance with agency procedure or
16an applicable contract.

17(2) Following an adjudication becoming final, binding
18and nonappealable, a transcript of an administrative
19proceeding shall be provided to a requester in accordance
20with the duplication rates established in section 1307(b).

21(3) Nothing in this subsection shall be construed to
22require an agency to transcribe a proceeding solely for
23purposes of responding to a request under this act.

24(d) Commercial requests.--An agency may require a requester
25to certify in writing whether the request is for a commercial
26purpose. Certification shall be submitted on a form developed by
27the Office of Open Records that shall provide a checkoff for the
28requester to use to indicate whether the request is for a
29commercial purpose. A requester that submits a false written
30statement shall be subject to 18 Pa.C.S. § 4904 (relating to

1unsworn falsification to authorities).

<-2(e) Home address.--If a request includes a home address of
3an employee of the agency, the agency must notify the subject of
4the request at least 14 days prior to release of the record. If
5the subject of the request notifies the agency that the
6exception under section 708(b)(1)(ii) applies, the agency shall
7determine if the home address shall be withheld.

8Section 6. Section 708(b)(10)(i) and (ii), (13), (17) and 
9(18) and (c) of the act are amended and subsection (b) is
10amended by adding paragraphs to read:

11Section 708. Exceptions for public records.

12* * *

13(b) Exceptions.--Except as provided in subsections (c) and
14(d), the following are exempt from access by a requester under
15this act:

16* * *

17(5.1) The payment records of a person receiving services 
18from a <-public municipal water or sewer authority or other 
19municipal authority, municipality or cooperative that 
20provides electricity, water, sewer, storm water, natural gas 
21or similar service. The authority, municipality or 
22cooperative shall establish a process to provide a clearance 
23certificate to a person to certify that all fees and charges 
24owed have been paid. A reasonable fee for a clearance 
25certificate may be charged. This paragraph shall not apply to 
26reports of aggregate payments made by a municipality, 
27authority or cooperative to assist low-income consumers or 
28other consumers in obtaining services. If funds are owed, the 
29amount of the delinquency shall appear on the clearance 
30certificate.

1* * *

<-2(6.1) Tax payment records in the possession of a tax
3collector or municipality responsible for the collection of
4taxes. A tax collector or municipality shall establish a
5process to provide a clearance certificate to a person
6certifying that all local taxes owed have been paid. If funds
7are owed, the amount of the delinquency shall appear on the
8clearance certificate. A reasonable fee for a clearance
9certificate may be charged. As used in this paragraph, the
10term "tax collector" means an elected tax collector or an
11employee or contractor of an agency that collects local taxes
12pursuant to law.

13* * *

14(10) As follows:

15(i) A record that reflects, contains or includes:

16(A) The internal, predecisional deliberations of
17an agency, its members, employees or officials or
18predecisional deliberations between agency members,
19employees or officials and members, employees or
20officials of another agency, including predecisional
21deliberations relating to a budget recommendation,
22legislative proposal, legislative amendment,
23contemplated or proposed policy or course of action
24or any research, memos or other documents used in the
25predecisional deliberations.

26(B) The strategy to be used to develop or
27achieve the successful adoption of a budget,
28legislative proposal or regulation.

29(ii) Subparagraph (i)(A) shall apply to agencies
30subject to 65 Pa.C.S. Ch. 7 (relating to open meetings)

1in a manner consistent with 65 Pa.C.S. Ch. 7. A record
2which is not otherwise exempt from access under this act
3and which is presented to a quorum for deliberation in
4accordance with 65 Pa.C.S. Ch. 7 shall be a public record
5regardless of whether a vote occurs at the meeting.

6* * *

7(13) Records that would disclose the identity of, or 
8personal financial information relating to, an individual who
9lawfully makes a donation to <-or for the benefit of an agency
10unless the donation is intended for or restricted to
11providing remuneration or personal tangible benefit to a
12named public official or employee of the agency, including
13lists of potential donors compiled by an agency to pursue
14donations, donor profile information or personal identifying
15information relating to a donor.

16* * *

17(17) [A] Except for a safety inspection report made 
18pursuant to Federal or State law, a record of an agency
19relating to a noncriminal investigation, including:

20(i) Complaints submitted to an agency.

21(ii) Investigative materials, notes, correspondence
22and reports.

23(iii) A record that includes the identity of a
24confidential source, including individuals subject to the
25act of December 12, 1986 (P.L.1559, No.169), known as the
26Whistleblower Law.

27(iv) A record that includes information made
28confidential by law.

29(v) Work papers underlying an audit.

30(vi) A record that, if disclosed, would do any of

1the following:

2(A) Reveal the institution, progress or result
3of an agency investigation, except the imposition of
4a fine or civil penalty, the suspension, modification
5or revocation of a license, permit, registration,
6certification or similar authorization issued by an
7agency or an executed settlement agreement unless the
8agreement is determined to be confidential by a
9court.

10(B) Deprive a person of the right to an
11impartial adjudication.

12(C) Constitute an unwarranted invasion of
13privacy.

14(D) Hinder an agency's ability to secure an
15administrative or civil sanction.

16(E) Endanger the life or physical safety of an
17individual.

18(18) Emergency dispatches as follows:

19(i) Records or parts of records, except time
20response logs, pertaining to audio recordings, telephone
21or radio transmissions received by emergency dispatch
22personnel, including 911 recordings.

23(ii) This paragraph shall not apply to a 911
24recording, or a transcript of a 911 recording, if the
25agency or a court determines that the public interest in
26disclosure outweighs the interest in nondisclosure.

27(iii) The home address of the individual who
28accesses emergency dispatch. The record may include the
29nearest cross <-streets street to that address.

30* * *

1(31) An agency's <-bank account numbers, bank financial
2institution account numbers, routing numbers, credit card
3numbers <-or and passwords.

4(32) A record of any of the following:

5(i) A volunteer ambulance service.

6(ii) A volunteer fire company.

7(iii) A volunteer rescue company.

8(iv) A volunteer water rescue company.

9(v) A volunteer organization that provides hazardous
10materials response services.

11(vi) A volunteer organization that provides
12emergency medical services.

13Section 506(d)(1) shall apply to a volunteer organization
14under this paragraph that contracts with a local agency to
15provide services to the local agency.

16(c) Financial records.--The exceptions set forth in
17subsection (b) shall not apply to financial records, except that
18an agency may redact that portion of a financial record
19protected under subsection (b)(1), (2), (3), (4), (5), (6),
20(11), (13), (16) or (17). An agency shall not disclose the
21identity of an individual performing an undercover or covert law
22enforcement activity.

23* * *

24Section 7. Sections 901<-, 902 and 1101 of the act are amended
25to read:

26Section 901. General rule.

27(a) Determination.---Upon receipt of a written request for
28access to a record, an agency shall make a good faith effort to
29determine if the record requested is a public record,
30legislative record or financial record and whether the agency

1has possession, custody or control of the identified record, and
2to respond as promptly as possible under the circumstances
3existing at the time of the request. All applicable fees shall
4be paid in order to receive access to the record requested.

5(b) Time for response.---The time for response shall not
6exceed:

7(1) In the case of a request made in person or submitted 
8by regular mail, e-mail, web form, facsimile or similar 
9means, five business days from the date the written request
10is received by the open-records officer for an agency. If the
11agency fails to send the response within five business days
12of receipt of the written request for access, the written
13request for access shall be deemed denied.

14(2) (Reserved).

<-15Section 902. Extension of time.

16(a) Determination.--Upon receipt of a written request for
17access, the open-records officer for an agency shall determine
18if one of the following applies:

19(1) the request for access requires redaction of a
20record in accordance with section 706;

21(2) the request for access requires the retrieval of a
22record stored in a remote location;

23(3) a timely response to the request for access cannot
24be accomplished due to bona fide and specified staffing
25limitations;

26(4) a legal review is necessary to determine whether the
27record is a record subject to access under this act;

28(5) the requester has not complied with the agency's
29policies regarding access to records;

30(6) the requester refuses to pay applicable fees

1authorized by this act; [or]

2(7) the extent or nature of the request precludes a
3response within the required time period[.];

4(8) time is required to provide notice under section
5707(e).

6(b) Notice.--

7(1) Upon a determination that one of the factors listed
8in subsection (a) applies, the open-records officer shall
9send written notice to the requester within five business
10days of receipt of the request for access under subsection
11(a).

12(2) The notice shall include a statement notifying the
13requester that the request for access is being reviewed, the
14reason for the review, a reasonable date that a response is
15expected to be provided and an estimate of applicable fees
16owed when the record becomes available. If the date that a
17response is expected to be provided is in excess of 30 days,
18following the five business days allowed for in section 901,
19the request for access shall be deemed denied unless the
20requester has agreed in writing to an extension to the date
21specified in the notice.

22(3) If the requester agrees to the extension, the
23request shall be deemed denied on the day following the date
24specified in the notice if the agency has not provided a
25response by that date.

26Section 1101. Filing of appeal.

27[(a) Authorization.--

28(1) If a written request for access to a record is]

29(a) Authorization.--The following shall apply:

30(1) (i) If a written request for access to a record is

1denied or deemed denied, the requester may file an appeal
2with the Office of Open Records or judicial, legislative
3or other appeals officer designated under section 503(d)
4within [15] 20 business days of the [mailing] postmark <-or 
5e-mail date of the agency's response or within [15] 20
6business days of a deemed denial, whichever comes first.

7(ii) The appeal shall [state the grounds upon which
8the requester asserts that the record is a public record,
9legislative record or financial record and shall address
10any grounds stated by the agency for delaying or denying
11the request.] include the following:

12(A) A copy of the original request.

13(B) The agency denial.

14(C) A list of the records that were denied.

15(iii) The office shall provide a form on its
16publicly accessible Internet website which may be used by
17the requester to file the appeal.

18(2) Except as provided in section 503(d), in the case of
19an appeal of a decision by a Commonwealth agency or local
20agency, the Office of Open Records shall assign an appeals
21officer to review the denial.

22(b) Determination.--

23(1) Unless the requester agrees otherwise, the appeals
24officer shall make a final determination which shall be
25mailed to the requester and the agency within 30 days of
26receipt of the appeal filed under subsection (a). The appeals 
27officer may extend this deadline by up to 15 days by 
28providing notice to both parties. If a hearing or in-camera 
29review is held under section 1102(a)(2), the appeals officer 
30may extend the deadline up to 90 additional days.

1(1.1) If the issue before the office is substantially
2the same as an issue currently on appeal to Commonwealth
3Court, the appeals officer may stay the appeal until
4Commonwealth Court issues a decision on the matter.

5(2) If the office or other appeals officer fails to
6issue a final determination within 30 days or as otherwise 
7provided under paragraph (1), the appeal is deemed denied.

8(3) Prior to issuing a final determination, a hearing
9may be conducted. The determination by the appeals officer
10shall be a final order. The appeals officer shall provide a
11written explanation of the reason for the decision to the
12requester and the agency.

13(c) Direct interest.--

14(1) A person other than the agency or requester with a
15direct interest in the record subject to an appeal under this
16section may, within 15 days following receipt of actual
17knowledge of the appeal but no later than the date the
18appeals officer issues an order, file a written request to
19provide information or to appear before the appeals officer
20or to file information in support of the requester's or
21agency's position.

22(2) The appeals officer may grant a request under
23paragraph (1) if:

24(i) no hearing has been held;

25(ii) the appeals officer has not yet issued its
26order; and

27(iii) the appeals officer believes the information
28will be probative.

29(3) Copies of the written request shall be sent to the
30agency and the requester.

1Section 8. Section 1102(a) of the act is amended and the
2section is amended by adding a subsection to read:

3Section 1102. Appeals officers.

4(a) Duties.--An appeals officer designated under section 503
5shall do all of the following:

6(1) Set a schedule for the requester and the open-
7records officer to submit documents in support of their
8positions.

9(2) Review all information filed relating to the
10request. The appeals officer may hold a hearing or conduct an 
11in-camera review <-under subsection (c), in which case the 
12appeals officer may extend the deadline in section 1101(b)(1) 
13by up to 90 days. A decision to hold or not to hold a hearing
14is not appealable. The appeals officer may admit into
15evidence testimony, evidence and documents that the appeals
16officer believes to be reasonably probative and relevant to
17an issue in dispute. The appeals officer may limit the nature
18and extent of evidence found to be cumulative.

19(3) Consult with agency counsel as appropriate.

20(4) Issue a final determination on behalf of the Office
21of Open Records or other agency.

22* * *

23(c) Review.--The Office of Open Records may require an
24agency to submit a record for the purpose of conducting an in-
25camera review to determine if the record is a public record.

26Section 9. Section 1301 heading and (a) of the act are
27amended to read:

28Section 1301. Commonwealth agencies, legislative agencies
29[and], judicial agencies and the Office of Open 
30Records.

1(a) General rule.--Within 30 days of the mailing date of the
2final determination of the appeals officer relating to a
3decision of a Commonwealth agency, a legislative agency [or], a
4judicial agency or the Office of Open Records issued under
5section 1101(b) or the date a request for access is deemed
6denied, a requester or the agency may file a petition for review
7or other document as might be required by rule of court with the
8Commonwealth Court. The court shall notify the Commonwealth 
9agency, legislative agency, judicial agency or Office of Open 
10Records of the appeal. The decision of the court shall contain
11findings of fact and conclusions of law based upon the evidence
12as a whole. The decision shall clearly and concisely explain the
13rationale for the decision.

14* * *

15Section 10. Section 1307(h) of the act is amended and the
16section is amended by adding a subsection to read:

17Section 1307. Fee limitations.

18* * *

19(g.1) Additional fees.--

20(1) Notwithstanding subsection (e), each agency may
21assess fees for responding to commercial requests under this
22act. In addition to fees under subsections (a) and (b),
23reasonable standard charges may be charged for document
24search, <-retrieval, review and redaction for documents for
25commercial use.

26(2) Fees under paragraph (1) must be calculated at no
27more than the hourly wage of the lowest-paid public employee
28of the agency who is capable of searching, retrieving,
29reviewing and providing for redaction of the information
30necessary to comply with the request.

<-1(3) A fee may not be charged under paragraph (2) for the
2first hour of search and retrieval time for all commercial
3requests from a single requester in a 90-day period.

4(h) Prepayment.--Prior to granting a request for access in
5accordance with this act, an agency may require a requester to
6prepay an estimate of the fees authorized under this section if
7the fees required to fulfill the request are expected to exceed
8[$100] $50.

9Section 11. Sections 1310, 1502, 1503 and 1504 of the act
10are amended to read:

11Section 1310. Office of Open Records.

12(a) Establishment.--There is established [in the Department
13of Community and Economic Development an] the Office of Open
14Records, as an independent agency. The office shall do all of
15the following:

16(1) Provide information relating to the implementation
17and enforcement of this act.

18(2) Issue advisory opinions to agencies and requesters.

19(3) Provide annual training courses to agencies, public 
20officials and public employees on this act and 65 Pa.C.S. Ch. 
217 (relating to open meetings).

22(4) Provide annual, regional training courses to local
23agencies, public officials and public employees.

24(5) Assign appeals officers to review appeals of
25decisions by Commonwealth agencies or local agencies, except
26as provided in section 503(d), filed under section 1101 and
27issue orders and opinions. The office shall employ or
28contract with attorneys to serve as appeals officers to
29review appeals and, if necessary, to hold hearings on a
30regional basis under this act. Each appeals officer must

1comply with all of the following:

2(i) Complete a training course provided by the
3Office of Open Records prior to acting as an appeals
4officer.

5(ii) If a hearing is necessary, hold hearings
6regionally as necessary to ensure access to the remedies
7provided by this act.

8(iii) Comply with the procedures under section
91102(b).

10(6) Establish an informal mediation program to resolve
11disputes under this act.

12(7) Establish an Internet website with information
13relating to this act, including information on fees, advisory
14opinions and decisions and the name and address of all open
15records officers in this Commonwealth.

16(8) Conduct a biannual review of fees charged under this
17act.

18(9) Annually report on its activities and findings to
19the Governor and the General Assembly. The report shall be
20posted and maintained on the Internet website established
21under paragraph (7).

22(b) Executive director.--Within 90 days of the effective 
23date of this section, the Governor shall appoint an executive 
24director of the office who shall serve for a term of six years. 
25Compensation shall be set by the Executive Board established 
26under section 204 of the act of April 9, 1929 (P.L.177, No.175), 
27known as The Administrative Code of 1929. The executive director 
28may serve no more than two terms.

29(c) Limitation.--The executive director shall not seek
30election nor accept appointment to any political office during

1his tenure as executive director and for one year thereafter.

2(d) Staffing.--The executive director shall appoint 
3attorneys to act as appeals officers and additional clerical, 
4technical and professional staff as may be appropriate and may 
5contract for additional services as necessary for the 
6performance of the executive director's duties. The compensation 
7of attorneys and other staff shall be set by the Executive 
8Board. The appointment of attorneys shall not be subject to the 
9act of October 15, 1980 (P.L.950, No.164), known as the 
10Commonwealth Attorneys Act.

11(e) Duties.--

12(1) The executive director shall ensure that the duties 
13of the Office of Open Records are carried out and shall 
14monitor cases appealed to the Office of Open Records.

15(2) The Department of Community and Economic Development
16shall provide payroll and administrative support to the
17office.

<-18(3) The executive director shall promulgate regulations
19to administer this act. Initial rulemaking under this
20paragraph shall be initiated by July 1, 2015.

21(e.1) Public comment.--The office shall abstain from public
22comment about a pending proceeding before the office. This
23subsection shall not prohibit employees of the office from
24making public statements in the course of official duties, from
25issuing written advisory opinions, from making general comments
26on this act that are not related to a specific pending case or
27from explaining the procedures of the office.

28(f) Appropriation.--The appropriation for the office shall
29be in a separate line item and shall be under the jurisdiction
30of the executive director.

1(g) Participation.--The office may participate as amicus
2curiae in an appeal from a decision of the office and may, upon
3approval of an appellate court, participate in oral argument.

4Section 1502. [Reporting.<-] Filing.

5No later than May 30 of each year, unless otherwise provided 
6under this chapter, a State-related institution shall file [with
7the Governor's Office, the General Assembly, the Auditor General
8and the State Library] the information set forth in section 1503
9under the requirements of section 1504.

10Section 1503. Contents of [report.<-] filing.

11(a) Information included.--The [report<-] filing required
12under section 1502 shall include the following:

13(1) Except as provided in paragraph (4), all information
14required by Form 990 or an equivalent form of the United
15States Department of the Treasury, Internal Revenue Service,
16entitled the Return of Organization Exempt From Income Tax,
17regardless of whether the State-related institution is
18required to file the form by the Federal Government.

19(2) The salaries of all officers and directors of the
20State-related institution.

21(3) [The] For a State-related institution with fewer 
22than 2,500 employees, the highest 25 salaries paid to
23employees of the institution that are not included under
24paragraph (2). For a State-related institution with 2,500 
25employees or more, the highest 200 salaries paid to employees 
26of the institution that are not included under paragraph (2). 
<-27Faculty members' salaries shall be presented in salary 
28ranges.

29(4) The [report<-] filing shall not include information
30relating to individual donors.

1(5) Revenue and expenditure budgets of the State-related
2institution's academic and administrative support units for
3the current fiscal year.

4(6) The actual revenue and expenditures for the prior
5year.

6(7) For any defined project or program which is the
7subject of a specific line item appropriation from the
8General Fund, the State-related institution shall disclose
9the following:

10(i) Revenue and expenditure budgets of the defined
11program or project for the current fiscal year.

12(ii) The actual revenue and expenditures of the
13defined program or project for the prior year.

14(8) The revenue and expenditures of any auxiliary
15enterprise which is directly funded in whole or in part by
16tuition or a State appropriation for the current fiscal year.

17(9) The most recent audited financial statement for the
18State-related institution.

19(10) The following information for the prior fiscal year
20for each academic or administrative support unit, for each
21defined project or program and for an auxiliary enterprise:

22(i) The number of employees by academic rank.

23(ii) The number of administrators, staff, clerical
24and technical service employees, by classification.

25(iii) Median and mean salary by academic rank.

26(iv) Median and mean salaries of administrators,
27staff, clerical and technical service employees, by
28classification.

29(v) Nonsalary compensation as a percentage of
30salary. Nonsalary compensation shall include:

1(A) Medical benefits.

2(B) Life insurance benefits.

3(C) Pension benefits.

4(D) Leave benefits.

5(E) Employer Social Security payments.

6(F) Workers' compensation benefits.

7(vi) A statement of the State-related institution's
8retirement policies.

9(vii) A policy statement relating to a reduction of
10tuition for employees' family members.

11(viii) A list by academic or administrative support
12unit in the aggregate of the expenses of travel,
13subsistence and lodging, whether provided or reimbursed.

14(b) Providing information.--Each State-related institution
15shall provide full, complete and accurate information as may be
16required by the Department of Education or the chairman or the
17minority chairman of the Appropriations Committee of the Senate
18or the chairman or the minority chairman of the Appropriations
19Committee of the House of Representatives.

20(c) Financial statements.--Each State-related institution
21shall present and report its financial statements required under
22the provisions of this act in accordance with:

23(1) The generally accepted accounting principles as
24prescribed by the National Association of College and
25University Business Officers, the American Institute of
26Certified Public Accountants or by another recognized
27authoritative body.

28(2) The "Commonwealth of Pennsylvania Budget
29Instructions for the State System of Higher Education, State-
30Related Universities and Non-State-Related Colleges and

1Universities."

2(3) The financial reporting policies and standards
3promulgated by the Commonwealth of Pennsylvania and by the
4Federal Government that apply to the State-related
5institutions.

6(d) Nonpreferred appropriations.--

7(1) In a year a State-related institution receives a
8nonpreferred appropriation, a report shall be submitted prior
9to September 1 and must cover the 12-month period beginning
10with the summer term of the preceding year. The report shall
11include:

12(i) The following counts and distributions for each
13term during the period:

14(A) The definition and number of:

15(I) Faculty members employed full time.

16(II) Faculty members employed part time.

17(III) Full-time students enrolled in a
18graduate course.

19(IV) Full-time students enrolled in an
20undergraduate course.

21(V) Part-time students enrolled in a
22graduate course.

23(VI) Part-time students enrolled in an
24undergraduate course.

25(B) The total number of:

26(I) Undergraduate student credit hours,
27divided into lower division and upper division
28course levels.

29(II) Graduate student credit hours, divided
30into three course levels: master's, first

1professional and doctoral.

2(C) The number of different courses scheduled by
3level of instruction and the number of sections of
4individual instruction scheduled by level of
5instruction, each further subdivided by two-digit
6Classification of Instructional Program (CIP)
7categories of instructional programs of higher
8education as defined by the National Center for
9Education Statistics, United States Department of
10Education.

11(D) The number of terms scheduled and the dates
12of the terms.

13(ii) For the summer term and the following academic
14year in total and for each two-digit CIP program
15category:

16(A) A classification of faculty members or other
17professional employees by title, including:

18(I) Professor.

19(II) Associate professor.

20(III) Assistant professor.

21(IV) Instructor.

22(V) Lecturer.

23(VI) Research associate.

24(VII) Librarian and academic administrator.

25(B) Faculty members or other professional
26employees under each title to be subdivided into
27teaching and nonteaching.

28(C) Each set of faculty members or other
29professional employees to be further subdivided by
30full-time or part-time employment.

1(D) The following aggregates for each
2subdivided classification:

3(I) The number of faculty and other
4professional employees and the full-time
5equivalence in instructional and non-
6instructional functions.

7(II) The sum of credits assigned to
8undergraduate classroom courses and the sum of
9credits assigned to graduate classroom courses
10taught divided into lower division, upper
11division, master's, first professional and
12doctoral course levels.

13(III) The sum of credits assigned to
14undergraduate individual instruction courses and
15the sum of credits assigned to graduate
16individual instruction courses taught divided
17into lower division, upper division, master's,
18first professional and doctoral course levels.

19(IV) The sum of undergraduate classroom
20student credit hours and the sum of graduate
21classroom student credit hours generated, divided
22into lower division, upper division, masters,
23first professional and doctoral course levels.

24(V) The sum of undergraduate individual
25instruction student credit hours and the sum of
26graduate individual instruction student credit
27hours generated, divided into lower division,
28upper division, master's, first professional and
29doctoral course levels.

30(VI) The total salary paid for instructional

1functions and for noninstructional functions and
2the amount of salary paid for each of these
3functions from State-related institution funds,
4Federal funds and other funds.

5(iii) For each term of the period covered for each
6faculty member employed full time identified by two-digit
7CIP program category and title, the report shall contain
8an analysis of the average hours per week spent:

9(A) In State-related institution-related
10activities, stating specifically hours spent in
11undergraduate classroom contact and graduate
12classroom contact hours spent in preparation.

13(B) In research.

14(C) In public service.

15(2) The report covering the 12-month period shall
16include for each program of the State-related institution:

17(i) Minimum number of credits required for a
18baccalaureate degree and for a master's degree.

19(ii) Number of bachelor's degrees, master's degrees,
20first professional degrees and doctoral degrees awarded
21for the previous five years and those estimates for that
22year.

23(e) Minutes.--Each State-related institution shall make a
24copy of the minutes of each public meeting of the institution's
25board of trustees available for public inspection in the
26institution's library in print format and online at the
27institution's publicly accessible Internet website. The minutes
28shall be maintained in print and online for no fewer than 20
29years.

30(f) Data systems report.--Each State-related university

1shall make a copy of the institution's integrated postsecondary
2education data systems report available for public inspection in
3the institution's library in print format and online at the
4institution's publicly accessible Internet website.

5Section 1504. [Copies and posting] Requirements for information 
6in <-reports filings.

7[A State-related institution shall maintain, for at least
8seven years, a copy of the report in the institution's library
9and shall provide free access to the report on the institution's
10Internet website.] A State-related institution shall make the 
11information required by section 1502 accessible to the public in 
12accordance with the following:

13(1) The information shall be posted online at the
14institution's publicly accessible Internet website in a
15searchable, sortable and downloadable database format that is
16freely accessible by the public. To the extent possible, a
17State-related institution shall post the information online
18in a similar manner in order to facilitate easy public
19review. The information of prior years shall be maintained
20for no fewer than ten years.

21(2) The information shall be maintained in print format
22in the institution's library for no fewer than ten years.

23(3) The information shall be provided in electronic
24format to the Department of Education and the Joint State
25Government Commission.

26(4) The information shall be provided in print format to
27the General Assembly and to each of the State regional
28library resource centers.

29Section 12. The act is amended by adding a section to read:

30Section 1505. Contracts.

<-1(a) Posting online.--Whenever a State-related institution
2shall enter into any contract involving any property, real,
3personal or mixed of any kind or description or a contract for
4personal services where the consideration involved in the
5contract is $5,000 or more, the State-related institution and
6the Treasury Department shall comply with the requirements of
7Chapter 17.

8(b) Categories.--A contract posted in accordance with
9subsection (a) shall disclose the category of service,
10including:

11(1) Legal.

12(2) Instructional.

13(3) Management.

14(4) Accounting.

15(5) Architecture.

16(6) Public Relations.

17(7) Maintenance.

<-18(a) Scope.--By May 30 of each year, a State-related
19institution shall file with the Governor's Office, the Secretary
20of the Senate, the Chief Clerk of the House of Representatives
21and the State Library an annual list of contracts in excess of
22$5,000 for the purchase of all goods and third-party services.

23(b) Contents.--The list shall include all of the following:

24(1) Date of execution.

25(2) Amount of the contract.

26(3) Beginning date of the contract.

27(4) End date of the contract, if applicable.

28(5) The name and address of the vendor.

29(6) Subject matter of the contract.

30(c) Privilege.--This section shall not apply to a contract

1for services protected by a privilege.

2(d) Evidence.--This section:

3(1) shall apply to a purchase order evidencing new
4obligations; but

5(2) shall not apply to a purchase order evidencing
6fulfillment of an existing contract.

7(e) Posting.--Information under this section shall be posted
8and maintained on the institution's Internet website.

9Section 13. This act shall take effect as follows:

10(1) The amendment or addition of sections 1502, 1503<-, 
11and 1504 <-and 1505 of the act shall take effect July 1, 2015.

12(2) This section shall take effect immediately.

13(3) The remainder of this act shall take effect in 60
14days.