PRIOR PRINTER'S NO. 187
PRINTER'S NO. 425
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE RESOLUTION
No.
50
Session of
2017
INTRODUCED BY HARPER, FREEMAN, FARRY, MURT, JAMES, READSHAW,
BAKER, D. COSTA, WATSON, SCHLOSSBERG, NEILSON, MILLARD,
GILLEN, B. MILLER AND PICKETT, JANUARY 31, 2017
AS REPORTED FROM COMMITTEE ON LOCAL GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 8, 2017
A RESOLUTION
Directing the Legislative Budget and Finance Committee to
conduct a comprehensive review of the fiscal impact on
Commonwealth agencies and local governmental agencies for
implementation of the Right-to-Know Law and to make
recommendations.
WHEREAS, The General Assembly enacted the act of February 14,
2008 (P.L.6, No.3), known as the Right-to-Know Law; and
WHEREAS, The Right-to-Know Law dramatically expanded
citizens' access to public records, financial records, judicial
records and legislative records across this Commonwealth; and
WHEREAS, The Right-to-Know Law requires State and local
agencies, the Senate, the House of Representatives and the
Judiciary to appoint:
(1) Open records officers who are responsible for
thoroughly reviewing and completely responding to Right-to-
Know Law requests in a timely manner.
(2) Appeals officers who must conduct administrative
appeals to review decisions made by the open records officer;
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and
WHEREAS, The Right-to-Know Law is credited by many for making
the operation of State and local government more transparent;
and
WHEREAS, It is believed that this new transparency in
government has had a dramatic fiscal impact on agencies,
particularly local government agencies, that must dedicate
scarce resources to the following tasks:
(1) Reviewing Right-to-Know Law requests and collecting
records responsive to the requests.
(2) Redacting sensitive or privileged information from
the records.
(3) Reproducing the records.
(4) Responding to Right-to-Know Law requests;
and
WHEREAS, The Right-to-Know Law prohibits an agency from
adopting a policy or regulation to place a limitation on the
number of records which may be requested or requiring a
requester to disclose the purpose or motive in requesting access
to records; and
WHEREAS, Agencies are prohibited from assessing
administrative costs for an agency's review of records
requested, the search for or retrieval of documents or the staff
time or salaries for employees whose duty assignments are
limited due to compliance with the Right-to-Know Law; and
WHEREAS, The Right-to-Know Law requires agencies to respond
to requests within five days of the date that the request is
made and authorizes extensions for responses of 30 days for
limited circumstances; and
WHEREAS, In their dissenting opinion, three judges of the
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Commonwealth Court expressed their concern in Pennsylvania
Gaming Control Board v. Office of Open Records, 48 A.3d 503,
(Pa. Commonwealth 2012) that the court had expanded the law so
that "an unaddressed request written on the back of a brown
paper bag and given to a Penndot plow driver by the side of the
road on a snowy winter night" now must be considered a valid
Right-to-Know Law request; and
WHEREAS, Numerous other appellate court decisions reviewing
the Right-to-Know Law have expanded the administrative and legal
burdens placed on State and local agencies; and
WHEREAS, The Right-to-Know Law limits the ability of State
and local agencies to recover from the fiscal impact of the
various tasks associated with the Right-to-Know Law requests;
therefore be it
RESOLVED, That the Legislative Budget and Finance Committee
conduct a comprehensive review relating to the implementation of
the Right-to-Know Law and prepare a report of its findings which
shall include all of the following:
(1) Annual costs associated with administration of the
Right-to-Know Law for Commonwealth, judicial and legislative
agencies.
(2) Annual costs associated with the administration of
the Right-to-Know Law for local agencies of various sizes and
classification.
(3) Recommendations to the General Assembly on
amendments to the Right-to-Know Law which would decrease the
administrative burdens of the law on State and local agencies
WHILE STILL ENSURING REASONABLE PUBLIC ACCESS TO PUBLIC
RECORDS AND INFORMATION.
(4) Recommendations to the General Assembly on
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amendments to the Right-to-Know Law which may be necessary to
offset the costs associated with administration of the Right-
to-Know Law for State and local agencies WHILE STILL ENSURING
REASONABLE PUBLIC ACCESS TO PUBLIC RECORDS AND INFORMATION;
and be it further
RESOLVED, That the Legislative Budget and Finance Committee
submit a report of its findings to the House of Representatives
within one year of the adoption of this resolution.
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