PRIOR PRINTER'S NO. 772 PRINTER'S NO. 1509
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 AND DINNIMAN, MARCH 29, 2007
SENATOR PICCOLA, STATE GOVERNMENT, AS AMENDED, OCTOBER 29, 2007
AN ACT 1 Amending the act of June 21, 1957 (P.L.390, No.212), entitled <-- 2 "An act requiring certain records of the Commonwealth and its 3 political subdivisions and of certain authorities and other 4 agencies performing essential governmental functions, to be 5 open for examination and inspection by citizens of the 6 Commonwealth of Pennsylvania; authorizing such citizens under 7 certain conditions to make extracts, copies, photographs or 8 photostats of such records; and providing for appeals to the 9 courts of common pleas," further providing for public records 10 of judicial agencies, legislative agencies and state-related 11 universities; establishing an open records officer in each 12 agency; establishing exceptions officers to hear appeals; 13 establishing the Open Records Clearinghouse; and making 14 editorial changes. 15 PROVIDING FOR ACCESS TO PUBLIC INFORMATION, FOR A DESIGNATED <-- 16 OPEN-RECORDS OFFICER IN EACH COMMONWEALTH AGENCY, LOCAL 17 AGENCY, JUDICIAL AGENCY AND LEGISLATIVE AGENCY, FOR 18 PROCEDURE, FOR APPEAL OF AGENCY DETERMINATION, FOR JUDICIAL 19 REVIEW AND FOR AN OPEN RECORDS CLEARINGHOUSE; IMPOSING 20 PENALTIES; PROVIDING FOR REPORTING BY STATE-RELATED 21 INSTITUTIONS; REQUIRING THE POSTING OF CERTAIN STATE CONTRACT 22 INFORMATION ON THE INTERNET; AND MAKING RELATED REPEALS. 23 TABLE OF CONTENTS 24 CHAPTER 1. PRELIMINARY PROVISIONS 25 SECTION 101. SHORT TITLE. 26 SECTION 102. DEFINITIONS. 27 CHAPTER 3. REQUIREMENTS AND PROHIBITIONS 28 SECTION 301. COMMONWEALTH AGENCIES. 29 SECTION 302. LOCAL AGENCIES. 30 SECTION 303. LEGISLATIVE AGENCIES.
1 SECTION 304. JUDICIAL AGENCIES.
2 SECTION 305. PRESUMPTION.
3 SECTION 306. NATURE OF DOCUMENT.
4 CHAPTER 5. ACCESS
5 SECTION 501. SCOPE OF CHAPTER.
6 SECTION 502. OPEN-RECORDS OFFICER.
7 SECTION 503. APPEALS OFFICER.
8 SECTION 504. REGULATIONS AND POLICIES.
9 SECTION 505. UNIFORM FORM.
10 SECTION 506. REQUESTS.
11 SECTION 507. RETENTION OF RECORDS.
12 CHAPTER 7. PROCEDURE
13 SECTION 701. ACCESS TO PUBLIC RECORDS.
14 SECTION 702. REQUESTS.
15 SECTION 703. WRITTEN REQUESTS.
16 SECTION 704. ELECTRONIC ACCESS.
17 SECTION 705. CREATION OF RECORD.
18 SECTION 706. REDACTION.
19 SECTION 707. PRODUCTION OF CERTAIN RECORDS.
20 SECTION 708. EXCEPTIONS FOR PUBLIC RECORDS.
21 CHAPTER 9. AGENCY RESPONSE
22 SECTION 901. GENERAL RULE.
23 SECTION 902. EXTENSION OF TIME.
24 SECTION 903. DENIAL.
25 SECTION 904. CERTIFIED COPIES.
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
31 JUDICIAL AGENCIES.
32 SECTION 1302. LOCAL AGENCIES.
33 SECTION 1303. NOTICE AND RECORDS.
34 SECTION 1304. COURT COSTS AND ATTORNEY FEES.
35 SECTION 1305. PENALTIES.
36 SECTION 1306. IMMUNITY.
37 SECTION 1307. FEE LIMITATIONS.
38 SECTION 1308. PROHIBITION.
39 SECTION 1309. PRACTICE AND PROCEDURE.
40 SECTION 1310. CLEARINGHOUSE.
41 CHAPTER 15. STATE-RELATED INSTITUTIONS
42 SECTION 1501. DEFINITION.
43 SECTION 1502. REPORTING.
44 SECTION 1503. CONTENTS OF REPORT.
45 SECTION 1504. COPIES AND POSTING.
46 CHAPTER 17. STATE CONTRACT INFORMATION
47 SECTION 1701. SUBMISSION AND RETENTION OF CONTRACTS.
48 SECTION 1702. PUBLIC AVAILABILITY OF CONTRACTS.
49 SECTION 1703. COMMERCIAL USE OF DATA PROHIBITED.
50 CHAPTER 31. MISCELLANEOUS PROVISIONS
51 SECTION 3101. APPLICABILITY.
52 SECTION 3102. REPEALS.
53 SECTION 3103. EFFECTIVE DATE.
54 The General Assembly of the Commonwealth of Pennsylvania
55 hereby enacts as follows:
56 Section 1. The <--
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1 act of June 21, 1957 (P.L.390, No.212), 2 referred to as the Right-to-Know Law, 3 is amended by adding a chapter heading and a section to read: 4 CHAPTER 1 5 PRELIMINARY PROVISIONS 6 Section 101. Short title. 7 This act shall be known and may be cited as the Right-to-Know 8 Law. 9 Section 2. Section 1 of the act, amended June 29, 2002 10 (P.L.663, No.100), is renumbered and amended to read: 11 Section [1] 102. Definitions. 12 The following words and phrases when used in this act shall 13 have the meanings given to them in this section unless the 14 context clearly indicates otherwise: 15 "Agency." [Any office, department, board or commission of 16 the executive branch of the Commonwealth, any political 17 subdivision of the Commonwealth, the Pennsylvania Turnpike 18 Commission, the State System of Higher Education or any State or 19 municipal authority or similar organization created by or 20 pursuant to a statute which declares in substance that such 21 organization performs or has for its purpose the performance of 22 an essential governmental function.] A Commonwealth agency, a 23 local agency, a judicial agency and a legislative agency. 24 "Clearinghouse." The Open Records Clearinghouse established 25 pursuant to the provisions of section 1309. 26 "Commonwealth agency." [An agency which is a Commonwealth 27 agency as that term is defined under 62 Pa.C.S. § 103 (relating 28 to definitions).] 29 (1) Any office, department, authority or commission of 30 the executive branch; an independent agency; and a State- 20070S0001B1509 - 3 -
1 affiliated entity. The term includes: 2 (i) The Governor's Office. 3 (ii) The Office of Attorney General, the Department 4 of the Auditor General and the Treasury Department. 5 (iii) A statutorily established organization which 6 performs or is intended to perform an essential 7 governmental function. 8 (2) The term does not include a judicial or legislative 9 agency. 10 "Exceptions officer." As follows: 11 (1) For a Commonwealth agency or a local agency, the 12 hearing officer designated under section 504(b). 13 (2) For a judicial agency, the individual designated 14 under section 504(c). 15 (3) For a legislative agency, the individual designated 16 under section 504(d). 17 "Financial record." Any account, voucher or contract dealing 18 with: 19 (1) the receipt or disbursement of funds by an agency; 20 or 21 (2) an agency's acquisition, use or disposal of 22 services, supplies, materials, equipment or property. 23 "Independent agency." Any board, commission or other agency 24 or officer of the Commonwealth, that is not subject to the 25 policy supervision and control of the Governor. The term does 26 not include a judicial or legislative agency. 27 "Judicial agency." A court of the Commonwealth or any other 28 entity or office of the unified judicial system. 29 "Legislative agency." Any of the following: 30 (1) The Senate. 20070S0001B1509 - 4 -
1 (2) The House of Representatives. 2 (3) The Capitol Preservation Committee. 3 (4) The Center for Rural Pennsylvania. 4 (5) The Joint Legislative Air and Water Pollution 5 Control and Conservation Committee. 6 (6) The Joint State Government Commission. 7 (7) The Legislative Budget and Finance Committee. 8 (8) The Legislative Data Processing Committee. 9 (9) The Independent Regulatory Review Commission. 10 (10) The Legislative Reference Bureau. 11 (11) The Local Government Commission. 12 (12) The Pennsylvania Commission on Sentencing. 13 "[Non-Commonwealth] Local agency." [An agency which is not a 14 Commonwealth agency.] Any of the following: 15 (1) Any political subdivision, intermediate unit or 16 public, trade or vocational school. 17 (2) Any local, intergovernmental, regional or municipal 18 agency, authority, council, board or commission. 19 The term does not include a tax collector under the act of 20 December 31, 1965 (P.L.1257, No.511), known as The Local Tax 21 Enabling Act. 22 "Public record." As follows: 23 (1) Any [account, voucher or contract dealing with the 24 receipt or disbursement of funds by an agency or its 25 acquisition, use or disposal of services or of supplies, 26 materials, equipment or other property and any] minute, order 27 or decision by an agency fixing the personal or property 28 rights, privileges, immunities, duties or obligations of any 29 person or group of persons[: Provided, That the]. 30 (2) The term ["public records" shall not mean any] 20070S0001B1509 - 5 -
1 includes: 2 (i) A financial record. 3 (ii) The record of a conviction for a criminal act. 4 (3) The term does not include: 5 (i) Any report, communication or other paper, the 6 publication of which would disclose the institution, 7 progress or result of an investigation undertaken by an 8 agency in the performance of its official duties[, 9 except]. The exception under this subparagraph does not 10 apply to those reports filed by agencies pertaining to 11 safety and health in industrial plants[; it shall not 12 include any]. 13 (ii) Any record, document, material, exhibit, 14 pleading, report, memorandum or other paper[,]: 15 (A) access to or the publication of which is 16 prohibited, restricted or forbidden by statute law or 17 order, rule or decree of court[, or]; 18 (B) which would operate to the prejudice or 19 impairment of a person's reputation or personal 20 security[, or]; or 21 (C) which would result in the loss by an agency, 22 the Commonwealth or any of its political subdivisions 23 or commissions or State or municipal authorities of 24 Federal funds[, excepting therefrom however the 25 record of any conviction for any criminal act]. 26 "Record." Any document maintained by an agency, in any form, 27 whether public or not. 28 "Requester." A person [who is a resident of the Commonwealth 29 and] that requests a record pursuant to this act. The term 30 includes a political subdivision. 20070S0001B1509 - 6 -
1 "Response." Access to a record or an agency's written notice 2 granting, denying or partially granting and partially denying 3 access to a record. access to a record. 4 "State-affiliated entity." A Commonwealth authority or 5 Commonwealth entity. The term includes the Pennsylvania Higher 6 Education Assistance Agency, the Pennsylvania Housing Finance 7 Agency, the Pennsylvania Municipal Retirement Board, the State 8 System of Higher Education, a State-related institution, a 9 community college and the Pennsylvania Turnpike Commission. 10 "State-related institution." Any of the following: 11 (1) The Pennsylvania State University. 12 (2) The University of Pittsburgh. 13 (3) Lincoln University. 14 (4) Temple University. 15 Section 3. The act is amended by adding chapters to read: 16 CHAPTER 3 17 REQUIREMENTS AND PROHIBITIONS 18 Section 301. Commonwealth agencies. 19 (a) Requirement.--A Commonwealth agency shall provide public 20 records under Chapters 5 and 7. 21 (b) Prohibition.--A Commonwealth agency may not deny a 22 requester access to a public record due to the intended use of 23 the public record by the requester. 24 Section 302. Local agencies. 25 (a) Requirement.--A local agency shall provide public 26 records under Chapters 5 and 7. 27 (b) Prohibition.--A local agency may not deny a requester 28 access to a public record due to the intended use of the public 29 record by the requester. 30 Section 303. Legislative agencies. 20070S0001B1509 - 7 -
1 (a) Requirement.--A legislative agency shall provide 2 financial records under Chapters 5 and 7. 3 (b) Prohibition.--A legislative agency may not deny a 4 requester access to a financial record due to the intended use 5 of the financial record by the requester. 6 Section 304. Judicial agencies. 7 (a) Requirement.--A judicial agency shall provide financial 8 records under Chapters 5 and 7. 9 (b) Prohibition.-- A judicial agency may not deny a 10 requester access to a financial record due to the intended use 11 of the financial record by the requester. 12 CHAPTER 5 13 ACCESS 14 Section 501. Scope. 15 This chapter applies to all agencies. 16 Section 502. Open-records office. 17 An agency shall do all of the following: 18 (1) Establish at least one open-records office. 19 (2) Staff and equip the office in a manner which assures 20 prompt and efficient response to requests under this act. 21 Each office shall be capable of receiving facsimile and e- 22 mail transmissions. 23 Section 503. Open-records officer. 24 (a) Establishment.-- 25 (1) Except as set forth in paragraph (2), all of the 26 following apply: 27 (i) An agency shall designate an official or 28 employee to act as the open-records officer. 29 (ii) The official address of the open-records 30 officer shall be the same as the open-records office 20070S0001B1509 - 8 -
1 established under section 502. 2 (2) For a legislative agency other than the Senate or 3 the House of Representatives, the open-records officer 4 designated by the Legislative Reference Bureau shall serve as 5 the open-records officer. 6 (b) Functions.-- 7 (1) The open-records officer shall receive requests 8 submitted to the agency, direct requests to other appropriate 9 persons, track the agency's progress in responding to 10 requests and issue interim and final responses under this 11 act. 12 (2) Upon receiving a request for a public record, the 13 open-records officer shall do all of the following: 14 (i) Date stamp of a request or put a contemporaneous 15 dated memo in the file if the request is verbal. 16 (ii) Compute the day on which the five-day period 17 under section 901 will expire and make a notation of that 18 date on the request. 19 (iii) Create an electronic or paper copy of the 20 request, including all documents submitted with the 21 request. 22 (iv) Create a file for the retention of the original 23 request, a copy of the response, a record of verbal or 24 written communications with the requester and a copy of 25 other communications. 26 Section 504. Exceptions officer. 27 (a) Requirement.--An agency shall designate an exceptions 28 officer to review requests which are denied or deemed denied by 29 the agency. 30 (b) Commonwealth agencies and local agencies.--A hearing 20070S0001B1509 - 9 -
1 officer designated by the clearinghouse under section 1309(4) 2 shall serve as the designated exceptions officer for all: 3 (1) Commonwealth agencies; and 4 (2) local agencies. 5 (c) Judicial agencies.--A judicial agency shall designate an 6 exceptions officer. 7 (d) Legislative agencies.-- 8 (1) Except as set forth in paragraph (2), the 9 Legislative Reference Bureau shall designate an exceptions 10 officer to serve for all legislative agencies. 11 (2) Each of the following shall designate an exceptions 12 officer: 13 (i) The Senate. 14 (ii) The House of Representatives. 15 Section 505. Regulations and policies. 16 (a) Authority.--An agency may promulgate regulations, rules 17 or policies necessary to implement this act. 18 (b) Posting.--The following information shall be posted at 19 the open-records office and on the agency's Internet website: 20 (1) Contact information for the open-records officer. 21 (2) Contact information for the applicable exceptions 22 officer. 23 (3) Rules, regulations, policies and procedures of the 24 agency relating to this act. 25 Section 506. Uniform form. 26 (a) Commonwealth agencies.--The clearinghouse shall develop 27 a uniform form which may be used by all Commonwealth and local 28 agencies to file a request under this act. The form shall be 29 published in the Pennsylvania Bulletin and on the 30 clearinghouse's Internet website. 20070S0001B1509 - 10 -
1 (b) Judicial agencies.--A judicial agency may develop a form 2 to request financial records or may use a form developed by the 3 Administrative Office of Pennsylvania Courts or the 4 clearinghouse. 5 (c) Legislative agencies.--A legislative agency may develop 6 a form to request financial records or may use the form 7 developed by the clearinghouse. 8 Section 4. The act is amended by adding a chapter heading to 9 read: 10 CHAPTER 7 11 PROCEDURE 12 Section 5. Section 2 of the act, amended June 29, 2002 13 (P.L.663, No.100), is renumbered and amended to read: 14 [Section 2. Procedure for access to public records. 15 (a) General rule.--] 16 Section 701. Access to public records. 17 Unless otherwise provided by law, a public record shall be 18 accessible for inspection and duplication by a requester in 19 accordance with this act. A public record shall be provided to a 20 requester in the medium requested if the public record exists in 21 that medium; otherwise, it shall be provided in the medium in 22 which it exists. Public records shall be available for access 23 during the regular business hours of an agency. Nothing in this 24 act shall provide for access to a record which is not a public 25 record. 26 [(b) Requests.--] 27 Section 702. Requests. 28 Agencies may fulfill verbal requests for access to public 29 records and anonymous requests for access to public records. In 30 the event that the requester wishes to pursue the relief and 20070S0001B1509 - 11 -
1 remedies provided for in this act, the requester must initiate 2 such relief with a written request. 3 [(c) Written requests.--] 4 Section 703. Written requests. 5 A written request for access to public records may be 6 submitted in person, by mail, by e-mail, by facsimile or, to the 7 extent provided by agency rules, any other electronic means. A 8 written request shall be addressed to the agency head or [other 9 person designated in the rules established by the agency] open- 10 records officer designated in section 503. A written request 11 should identify or describe the records sought with sufficient 12 specificity to enable the agency to ascertain which records are 13 being requested and shall include the name and address to which 14 the agency should address its response. A written request need 15 not include any explanation of the requester's reason for 16 requesting or intended use of the records. 17 [(d) Electronic access.--] 18 Section 704. Electronic access. 19 In addition to the requirements of [subsection (a)] section 20 701, an agency may make its public records available through any 21 publicly accessible electronic means. If access to a public 22 record is routinely available by an agency only by electronic 23 means, the agency shall provide access to inspect the public 24 record at an office of the agency. 25 [(e) Creation of a public record.--] 26 Section 705. Creation of public record. 27 When responding to a request for access, an agency shall not 28 be required to create a public record which does not currently 29 exist or to compile, maintain, format or organize a public 30 record in a manner in which the agency does not currently 20070S0001B1509 - 12 -
1 compile, maintain, format or organize the public record. 2 [(f) Conversion of an electronic record to paper.--] 3 Section 706. Conversion of electronic record to paper. 4 If a public record is only maintained electronically or in 5 other nonpaper media, an agency shall, upon request, duplicate 6 the public record on paper when responding to a request for 7 access in accordance with this act. 8 [(g) Retention of records.--] 9 Section 707. Retention of records. 10 Nothing in this act is intended to modify, rescind or 11 supersede any record retention and disposition schedule 12 established pursuant to law. 13 Section 6. Section 3.1 of the act, added June 29, 2002 14 (P.L.663, No.100), is repealed: 15 [Section 3.1. Access to public records. 16 An agency may not deny a requester access to a public record 17 due to the intended use of the public record by the requester.] 18 Section 7. Section 3.2 of the act, added June 29, 2002 19 (P.L.663, No.100), is renumbered and amended to read: 20 Section [3.2] 708. Redaction. 21 If an agency determines that a public record contains 22 information which is subject to access as well as information 23 which is not subject to access, the agency's response shall 24 grant access to the information which is subject to access and 25 deny access to the information which is not subject to access. 26 If the information which is not subject to access is an integral 27 part of the public record and cannot be separated, the agency 28 shall redact from the public record the information which is not 29 subject to access, and the response shall grant access to the 30 information which is subject to access. The agency may not deny 20070S0001B1509 - 13 -
1 access to the public record if the information which is not 2 subject to access is able to be redacted. Information which an 3 agency redacts in accordance with this subsection shall be 4 deemed a denial under [section 3.3] Chapter 9. 5 Section 8. The act is amended by adding a chapter heading to 6 read: 7 CHAPTER 9 8 AGENCY RESPONSE 9 Section 9. Section 3.3 of the act, added June 29, 2002 10 (P.L.663, No.100), is renumbered and amended to read: 11 [Section 3.3. Commonwealth agency's response to written 12 requests for access. 13 (a) General rule.--] 14 Section 901. General rule. 15 Upon receipt of a written request for access to a record, [a 16 Commonwealth] an agency shall make a good faith effort to 17 determine if the record requested is a public record and to 18 respond as promptly as possible under the circumstances existing 19 at the time of the request but shall not exceed [ten] five 20 business days from the date the written request is received by 21 the [Commonwealth] agency head or [other person designated by 22 the Commonwealth agency for receiving such requests] open- 23 records officer for an agency. If the [Commonwealth] agency 24 fails to send the response within [ten] five business days of 25 receipt of the written request for access, the written request 26 for access shall be deemed denied. 27 [(b) Exception.--] 28 Section 902. Exception. 29 (a) Determination.--Upon receipt of a written request for 30 access, [if a Commonwealth agency determines that] the open- 20070S0001B1509 - 14 -
1 records officer for an agency shall determine if one of the 2 following applies: 3 (1) the request for access requires redaction of a 4 public record in accordance with section [3.2] 708; 5 (2) the request for access requires the retrieval of a 6 record stored in a remote location; 7 (3) a timely response to the request for access cannot 8 be accomplished due to bona fide and specified staffing 9 limitations; 10 (4) a legal review is necessary to determine whether the 11 record is a public record subject to access under this act; 12 (5) the requester has not complied with the Commonwealth 13 agency's policies regarding access to public records; or 14 (6) the requester refuses to pay applicable fees 15 authorized by [section 7 of] this act.[, the Commonwealth 16 agency] 17 (b) Notice.--Upon a determination that one of the factors 18 listed in subsection (a) applies, the open-records officer shall 19 send written notice to the requester within [ten] five business 20 days of [the Commonwealth agency's] receipt of the request for 21 access under subsection (a). The notice shall include a 22 statement notifying the requester that the request for access is 23 being reviewed, the reason for the review and a reasonable date 24 that a response is expected to be provided. If the date that a 25 response is expected to be provided is in excess of 30 days, 26 following the [ten] five business days allowed for in 27 [subsection (a)] section 901, the request for access shall be 28 deemed denied. 29 (c) [Denial.--] Certified copies.--If an agency's response 30 grants a request for access, the agency shall, upon request, 20070S0001B1509 - 15 -
1 provide the requester with a certified copy of the public record 2 if the requester pays the applicable fees pursuant to section 3 1306. 4 Section 903. Denial. 5 If [a Commonwealth] an agency's response is a denial of a 6 written request for access, whether in whole or in part, a 7 written response shall be issued and include: 8 (1) A description of the record requested. 9 (2) The specific reasons for the denial, including a 10 citation of supporting legal authority. If the denial is the 11 result of a determination that the record requested is not a 12 public record, the specific reasons for the agency's 13 determination that the record is not a public record shall be 14 included. 15 (3) The typed or printed name, title, business address, 16 business telephone number and signature of the [public 17 official or public employee] open-records officer on whose 18 authority the denial is issued. 19 (4) Date of the response. 20 (5) The procedure to appeal the denial of access under 21 this act. 22 [(d) Certified copies.--If a Commonwealth agency's response 23 grants a request for access, the Commonwealth agency shall, upon 24 request, provide the requester with a certified copy of the 25 public record if the requester pays the applicable fees pursuant 26 to section 7.] 27 Section 10. Section 3.4 of the act, added June 29, 2002 28 (P.L.663, No.100), is repealed: 29 [Section 3.4. Non-Commonwealth agency's response to written 30 requests for access. 20070S0001B1509 - 16 -
1 (a) General rule.--Upon receipt of a written request for 2 access to a record, a non-Commonwealth agency shall make a good 3 faith effort to determine if the record requested is a public 4 record and to respond as promptly as possible under the 5 circumstances existing at the time of the request but shall not 6 exceed five business days from the date the written request is 7 received by the non-Commonwealth agency head or other person 8 designated in the rules established by the non-Commonwealth 9 agency for receiving such requests. If the non-Commonwealth 10 agency fails to send the response within five business days of 11 receipt of the written request for access, the written request 12 for access shall be deemed denied. 13 (b) Exception.--Upon receipt of a written request for 14 access, if a non-Commonwealth agency determines that one of the 15 following applies: 16 (1) the request for access requires redaction of a 17 public record in accordance with section 3.2; 18 (2) the request for access requires the retrieval of a 19 record stored in a remote location; 20 (3) a timely response to the request for access cannot 21 be accompanied due to bona fide and specified staffing 22 limitations; 23 (4) a legal review is necessary to determine whether the 24 record is a public record subject to access under this act; 25 (5) the requester has not complied with the non- 26 Commonwealth agency's policies regarding access to public 27 records; or 28 (6) the requester refuses to pay applicable fees 29 authorized by section 7, 30 the non-Commonwealth agency shall send written notice to the 20070S0001B1509 - 17 -
1 requester within five business days of the non-Commonwealth 2 agency's receipt of the request notifying the requester that the 3 request for access is being reviewed, the reason for the review 4 and a reasonable date that a response is expected to be 5 provided. If the date that a response is expected to be provided 6 is in excess of 30 days, following the five business days 7 allowed in subsection (a), the request for access shall be 8 deemed denied. 9 (c) Denial.--If a non-Commonwealth agency's response is a 10 denial of a written request for access, whether in whole or in 11 part, a written response shall be issued and include: 12 (1) A description of the record requested. 13 (2) The specific reasons for the denial, including a 14 citation of supporting legal authority. If the denial is the 15 result of a determination that the record requested is not a 16 public record, the specific reasons for the agency's 17 determination that the record is not a public record shall be 18 included. 19 (3) The typed or printed name, title, business address, 20 business telephone number and signature of the public 21 official or public employee on whose authority the denial is 22 issued. 23 (4) Date of the response. 24 (5) The procedure to appeal the denial of access under 25 this act. 26 (d) Certified copies.--If a non-Commonwealth agency's 27 response grants a request for access, the non-Commonwealth 28 agency shall, upon request, provide the requester with a 29 certified copy of the public record if the requester pays the 30 applicable fees pursuant to section 7.] 20070S0001B1509 - 18 -
1 Section 11. The act is amended by adding a chapter heading 2 to read: 3 CHAPTER 11 4 FINAL AGENCY DETERMINATION 5 Section 12. Section 3.5 of the act, added June 29, 2002 6 (P.L.663, No.100), is renumbered and amended to read: 7 [Section 3.5. Final agency determination. 8 (a) Filing of exceptions.--] 9 Section 1101. Filing of exceptions. 10 (a) Authorization.--If a written request for access is 11 denied or deemed denied, the requester may file exceptions with 12 the [head of] exceptions officer for the agency denying the 13 request for access within 15 business days of the mailing date 14 of the agency's response or within 15 days of a deemed denial. 15 The exceptions shall state grounds upon which the requester 16 asserts that the record is a public record and shall address any 17 grounds stated by the agency for delaying or denying the 18 request. 19 (b) Determination.--Unless the requester agrees otherwise, 20 the [agency head or his designee] exceptions officer shall make 21 a final determination regarding the exceptions within 30 days of 22 the mailing date of the exceptions. Prior to issuing the final 23 determination regarding the exceptions, [the agency head or his 24 designee may conduct] a hearing may be conducted. The 25 determination shall be the final order of the agency. If [the 26 agency head or his designee determines] the determination is 27 that the agency correctly denied the request for access, [the 28 agency head or his designee shall provide] a written explanation 29 shall be provided to the requester of the reason for the denial. 30 Section 13. The act is amended by adding sections to read: 20070S0001B1509 - 19 -
1 Section 1102. Exceptions officers. 2 (a) Scope.--This section applies to all agencies. 3 (b) Duties.--The exceptions officer shall do all of the 4 following: 5 (1) Set a schedule for the requester and the open- 6 records officer to submit documents in support of their 7 positions. 8 (2) Review all information filed relating to the 9 request. The exceptions officer may hold a hearing. A 10 decision to hold a hearing is not appealable. The exceptions 11 officer may admit into evidence testimony, evidence and 12 documents as the exceptions officer believes to be reasonably 13 probative and relevant to an issue in dispute. The exceptions 14 officer may limit the nature and extent of evidence found to 15 be cumulative. 16 (3) Consult with agency counsel as necessary. 17 (4) Issue the agency's final determination. 18 (c) Procedures.--The clearinghouse, a judicial agency or a 19 legislative agency may adopt procedures to review exceptions 20 filed. 21 (1) If exceptions are resolved without a hearing, 1 Pa. 22 Code Pt. II (relating to general rules of administrative 23 practice and procedure) does not apply except to the extent 24 that the clearinghouse, legislative agency or judicial agency 25 has adopted these chapters in its regulations or rules. 26 (2) If a hearing is held, 1 Pa. Code Pt. II applies 27 unless the clearinghouse, the judicial agency or the 28 legislative agency has adopted regulations or rules to the 29 contrary. 30 (3) In the absence of a regulation or rule governing 20070S0001B1509 - 20 -
1 exceptions procedures, the exceptions officer shall rule on 2 procedural matters on the basis of justice, fairness and the 3 expeditious resolution of the dispute. 4 Section 1103. Final determinations. 5 (a) Writing.--A final determination by an exceptions officer 6 must be in writing. If the exceptions officer determines that 7 the agency correctly denied the request, the written explanation 8 shall include the reason for the denial and may include exhibits 9 or references to material as the person deems appropriate. The 10 written determination shall be mailed to the requester by the 11 last day of the exceptions period. 12 (b) Record.--The official record for purposes of appeal 13 under Chapter 13 consists of all of the following: 14 (1) Testimony from the hearing under section 1102(b)(2). 15 (2) The written determination under subsection (a). 16 Section 14. The act is amended by adding a chapter heading 17 to read: 18 CHAPTER 13 19 APPEAL 20 Section 15. Section 4 of the act, amended June 29, 2002 21 (P.L.663, No.100), is renumbered and amended to read: 22 [Section 4. Judicial appeal. 23 (a) Commonwealth agency.--] 24 Section 1301. Commonwealth agencies, judicial agencies and 25 legislative agencies. 26 Within 30 days of the mailing date of a final determination 27 [of] relating to a Commonwealth agency, a judicial agency or a 28 legislative agency affirming the denial of access, a requester 29 may file a petition for review or other document as might be 30 required by rule of court with the Commonwealth Court. 20070S0001B1509 - 21 -
1 [(b) Other agency.--] 2 Section 1302. Local agencies. 3 (a) Judicial determination.--Within 30 days of a denial by a 4 [non-Commonwealth] local agency under section [3.4(c)] 903 or of 5 the mailing date of a final determination of a [non- 6 Commonwealth] local agency affirming the denial of access, a 7 requester may file a petition for review or other document as 8 might be required by rule of court with the court of common 9 pleas for the county where the [non-Commonwealth] local agency's 10 office or facility is located or bring an action in the local 11 magisterial district. A requester is entitled to a reasoned 12 decision containing findings of fact and conclusions of law 13 based upon the evidence as a whole which clearly and concisely 14 states and explains the rationale for the decisions so that all 15 can determine why and how a particular result was reached. 16 (b) (Reserved). 17 (c) Notice.--An agency shall be served notice of actions 18 commenced in accordance with section 1301 or subsection (a) [or 19 (b)] and shall have an opportunity to respond in accordance with 20 applicable court rules. 21 (d) Record on appeal.--The record before a court shall 22 consist of the request, the agency's response, the requester's 23 exceptions, if applicable, the hearing transcript, if any, and 24 the agency's final determination, if applicable. 25 Section 16. Section 4.1 of the act, added June 29, 2002 26 (P.L.663, No.100), is renumbered to read: 27 Section [4.1] 1303. Court costs and attorney fees. 28 (a) Reversal of agency determination.--If a court reverses 29 an agency's final determination, the court may award reasonable 30 attorney fees and costs of litigation or an appropriate portion 20070S0001B1509 - 22 -
1 thereof to a requester if the court finds either of the 2 following: 3 (1) the agency willfully or with wanton disregard 4 deprived the requester of access to a public record subject 5 to access under the provisions of this act; or 6 (2) the exemptions, exclusions or defenses asserted by 7 the agency in its final determination were not based on a 8 reasonable interpretation of law. 9 (b) Sanctions for frivolous requests or appeals.--If a court 10 affirms an agency's final determination, the court may award 11 reasonable attorney fees and costs of litigation or an 12 appropriate portion thereof to the agency if the court finds 13 that the legal challenge to the agency's final determination was 14 frivolous. 15 (c) Other sanctions.--Nothing in this act shall prohibit a 16 court from imposing penalties and costs in accordance with 17 applicable rules of court. 18 Section 17. Sections 5, 6, 7, 8 and 9 of the act, added June 19 29, 2002 (P.L.663, No.100), are renumbered and amended to read: 20 Section [5] 1304. Penalties. 21 (a) Summary offense.--An agency or public official who 22 violates this act with the intent and purpose of violating this 23 act commits a summary offense subject to prosecution by the 24 Attorney General or the appropriate district attorney and shall, 25 upon conviction for an initial offense, be sentenced to pay a 26 fine of not more than [$300] $1,000 plus costs of prosecution 27 and upon conviction for a subsequent offense, be sentenced to 28 pay a fine of not more than $2,000 plus cost of prosecution. 29 (b) Civil penalty.--An agency or public official who does 30 not promptly comply with a court order under this act is subject 20070S0001B1509 - 23 -
1 to a civil penalty of not more than [$300] $500 per day until 2 the public records are provided. 3 Section [6] 1305. Immunity. 4 (a) General rule.--Except as provided in sections [4.1 and 5 5] 1303 and 1304 and other statutes governing the release of 6 records, no agency, public official or public employee shall be 7 liable for civil or criminal damages or penalties resulting from 8 compliance or failure to comply with this act. 9 (b) Schedules.--No agency, public official or public 10 employee shall be liable for civil or criminal damages or 11 penalties under this act for complying with any written public 12 record retention and disposition schedule. 13 Section [7] 1306. Fee limitations. 14 (a) Postage.--Fees for postage may not exceed the actual 15 cost of mailing. 16 (b) Duplication.-- 17 (1) Fees for duplication by photocopying, printing from 18 electronic media or microfilm, copying onto electronic media, 19 transmission by facsimile or other electronic means and other 20 means of duplication shall be established: 21 (i) by the clearinghouse, for Commonwealth agencies 22 and local agencies; 23 (ii) by each judicial agency; and 24 (iii) by each legislative agency. 25 (2) The fees must be reasonable and based on prevailing 26 fees for comparable duplication services provided by local 27 business entities. 28 (c) Certification.--An agency may impose reasonable fees for 29 official certification of copies if the certification is at the 30 behest of the requester and for the purpose of legally verifying 20070S0001B1509 - 24 -
1 the public record. 2 (d) Conversion to paper.--If a public record is only 3 maintained electronically or in other nonpaper media, 4 duplication fees shall be limited to the lesser of the fee for 5 duplication on paper or the fee for duplication in the native 6 media as provided by subsection (b) unless the requester 7 specifically requests for the public record to be duplicated in 8 the more expensive medium. 9 (e) Enhanced electronic access.--If an agency offers 10 enhanced electronic access to public records in addition to 11 making the public records accessible for inspection and 12 duplication by a requester as required by this act, the agency 13 may establish user fees specifically for the provision of the 14 enhanced electronic access, but only to the extent that the 15 enhanced electronic access is in addition to making the public 16 records accessible for inspection and duplication by a requester 17 as required by this act. The user fees for enhanced electronic 18 access may be a flat rate, a subscription fee for a period of 19 time, a per-transaction fee, a fee based on the cumulative time 20 of system access or any other reasonable method and any 21 combination thereof. The user fees for enhanced electronic 22 access must be reasonable, must be approved by the clearinghouse 23 and may not be established with the intent or effect of 24 excluding persons from access to public records or duplicates 25 thereof or of creating profit for the agency. 26 (f) Waiver of fees.--An agency may waive the fees for 27 duplication of a public record, including, but not limited to, 28 when: 29 (1) the requester duplicates the public record; or 30 (2) the agency deems it is in the public interest to do 20070S0001B1509 - 25 -
1 so. 2 (g) Limitations.--Except as otherwise provided by statute, 3 no other fees may be imposed unless the agency necessarily 4 incurs costs for complying with the request, and such fees must 5 be reasonable. No fee may be imposed for an agency's review of a 6 record to determine whether the record is a public record 7 subject to access in accordance with this act. 8 (h) Prepayment.--Prior to granting a request for access in 9 accordance with this act, an agency may require a requester to 10 prepay an estimate of the fees authorized under this section if 11 the fees required to fulfill the request are expected to exceed 12 $100. 13 Section [8 Implementation] 1307. Prohibition. 14 [(a) Requirement.--An agency shall establish written 15 policies and may promulgate regulations necessary to implement 16 this act. 17 (b) Content.--The written policies shall include the name of 18 the office to which requests for access shall be addressed and a 19 list of applicable fees. 20 (c) Prohibition.--]A policy, rule or regulation may not 21 include any of the following: 22 (1) A limitation on the number of public records which 23 may be requested or made available for inspection or 24 duplication. 25 (2) A requirement to disclose the purpose or motive in 26 requesting access to records which are public records. 27 [(d) Posting.--The policies shall be conspicuously posted at 28 the agency and may be made available by electronic means.] 29 Section [9] 1308. Practice and procedure. 30 The provisions of 2 Pa.C.S. (relating to administrative law 20070S0001B1509 - 26 -
1 and procedure) shall not apply to this act unless specifically 2 adopted by rule or regulation. 3 Section 18. The act is amended by adding a section to read: 4 Section 1309. Clearinghouse. 5 The Department of Community and Economic Development shall 6 establish an Open Records Clearinghouse within the department. 7 The clearinghouse shall do all of the following: 8 (1) Provide information relating to the implementation 9 and enforcement of this act. 10 (2) Issue advisory opinions to agencies and requesters. 11 (3) Provide annual training courses to Commonwealth 12 agencies and local agencies. 13 (4) Employ or contract with hearing examiners to serve 14 as exceptions officers for administrative appeals under this 15 act. Each hearing examiner must comply with all of the 16 following: 17 (i) Be a licensed attorney. 18 (ii) Complete a training course provided by the 19 clearinghouse prior to acting as an exceptions officer. 20 (iii) If a hearing is necessary, hold hearings 21 regionally as necessary to ensure access to the remedies 22 provided by this act. 23 (5) Establish an Internet website to include advisory 24 opinions and decisions. 25 Section 19. This act shall take effect in 60 days. 26 CHAPTER 1 <-- 27 PRELIMINARY PROVISIONS 28 SECTION 101. SHORT TITLE. 29 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE RIGHT-TO-KNOW 30 LAW. 20070S0001B1509 - 27 -
1 SECTION 102. DEFINITIONS. 2 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL 3 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 4 CONTEXT CLEARLY INDICATES OTHERWISE: 5 "AGENCY." A COMMONWEALTH AGENCY, A LOCAL AGENCY, A JUDICIAL 6 AGENCY OR A LEGISLATIVE AGENCY. 7 "AGGREGATED DATA." A TABULATION OF DATA WHICH RELATE TO 8 BROAD CLASSES, GROUPS OR CATEGORIES SO THAT IT IS NOT POSSIBLE 9 TO DISTINGUISH THE PROPERTIES OF INDIVIDUALS WITHIN THOSE 10 CLASSES, GROUPS OR CATEGORIES. 11 "APPEALS OFFICER." AS FOLLOWS: 12 (1) FOR A COMMONWEALTH AGENCY OR A LOCAL AGENCY, THE 13 APPEALS OFFICER DESIGNATED UNDER SECTION 503(A). 14 (2) FOR A JUDICIAL AGENCY, THE INDIVIDUAL DESIGNATED 15 UNDER SECTION 503(B). 16 (3) FOR A LEGISLATIVE AGENCY, THE INDIVIDUAL DESIGNATED 17 UNDER SECTION 503(C). 18 "CLEARINGHOUSE." THE OPEN RECORDS CLEARINGHOUSE ESTABLISHED 19 PURSUANT TO THE PROVISIONS OF SECTION 1310. 20 "COMMONWEALTH AGENCY." ANY OF THE FOLLOWING: 21 (1) ANY OFFICE, DEPARTMENT, AUTHORITY, BOARD, MULTISTATE 22 AGENCY OR COMMISSION OF THE EXECUTIVE BRANCH; AN INDEPENDENT 23 AGENCY; AND A STATE-AFFILIATED ENTITY. THE TERM INCLUDES: 24 (I) THE GOVERNOR'S OFFICE. 25 (II) THE OFFICE OF ATTORNEY GENERAL, THE DEPARTMENT 26 OF THE AUDITOR GENERAL AND THE TREASURY DEPARTMENT. 27 (III) A STATUTORILY ESTABLISHED ORGANIZATION WHICH 28 PERFORMS OR IS INTENDED TO PERFORM AN ESSENTIAL 29 GOVERNMENTAL FUNCTION. 30 (2) THE TERM DOES NOT INCLUDE A JUDICIAL OR LEGISLATIVE 20070S0001B1509 - 28 -
1 AGENCY. 2 "CONFIDENTIAL PROPRIETARY INFORMATION." COMMERCIAL OR 3 FINANCIAL INFORMATION RECEIVED BY AN AGENCY: 4 (1) WHICH IS PRIVILEGED OR CONFIDENTIAL; AND 5 (2) THE DISCLOSURE OF WHICH WOULD CAUSE SUBSTANTIAL HARM 6 TO THE COMPETITIVE POSITION OF THE PERSON THAT SUBMITTED THE 7 INFORMATION. 8 "FINANCIAL RECORD." INCLUDES: 9 (1) ANY ACCOUNT, VOUCHER OR CONTRACT DEALING WITH: 10 (I) THE RECEIPT OR DISBURSEMENT OF FUNDS BY AN 11 AGENCY; OR 12 (II) AN AGENCY'S ACQUISITION, USE OR DISPOSAL OF 13 SERVICES, SUPPLIES, MATERIALS, EQUIPMENT OR PROPERTY. 14 (2) THE SALARY OR OTHER PAYMENTS OR EXPENSES PAID TO AN 15 OFFICER OR EMPLOYEE OF AN AGENCY, INCLUDING THE NAME AND 16 TITLE OF THE OFFICER OR EMPLOYEE. 17 (3) RESULTS OF A FINANCIAL AUDIT. 18 "HOMELAND SECURITY." GOVERNMENTAL ACTIONS DESIGNED TO 19 PREVENT, DETECT, RESPOND TO AND RECOVER FROM ACTS OF TERRORISM, 20 MAJOR DISASTERS AND OTHER EMERGENCIES, WHETHER NATURAL OR 21 MANMADE. THE TERM INCLUDES ACTIVITIES RELATING TO THE FOLLOWING: 22 (1) EMERGENCY PREPAREDNESS AND RESPONSE, INCLUDING 23 PREPAREDNESS AND RESPONSE ACTIVITIES BY VOLUNTEER MEDICAL, 24 POLICE, EMERGENCY MANAGEMENT, HAZARDOUS MATERIALS AND FIRE 25 PERSONNEL; 26 (2) INTELLIGENCE ACTIVITIES; 27 (3) CRITICAL INFRASTRUCTURE PROTECTION; 28 (4) BORDER SECURITY; 29 (5) GROUND, AVIATION AND MARITIME TRANSPORTATION 30 SECURITY; 20070S0001B1509 - 29 -
1 (6) BIODEFENSE; 2 (7) DETECTION OF NUCLEAR AND RADIOLOGICAL MATERIALS; AND 3 (8) RESEARCH ON NEXT-GENERATION SECURITIES TECHNOLOGIES. 4 "INDEPENDENT AGENCY." ANY BOARD, COMMISSION OR OTHER AGENCY 5 OR OFFICER OF THE COMMONWEALTH, THAT IS NOT SUBJECT TO THE 6 POLICY SUPERVISION AND CONTROL OF THE GOVERNOR. THE TERM DOES 7 NOT INCLUDE A LEGISLATIVE OR JUDICIAL AGENCY. 8 "JUDICIAL AGENCY." A COURT OF THE COMMONWEALTH OR ANY OTHER 9 ENTITY OR OFFICE OF THE UNIFIED JUDICIAL SYSTEM. 10 "LEGISLATIVE AGENCY." ANY OF THE FOLLOWING: 11 (1) THE SENATE. 12 (2) THE HOUSE OF REPRESENTATIVES. 13 (3) THE CAPITOL PRESERVATION COMMITTEE. 14 (4) THE CENTER FOR RURAL PENNSYLVANIA. 15 (5) THE JOINT LEGISLATIVE AIR AND WATER POLLUTION 16 CONTROL AND CONSERVATION COMMITTEE. 17 (6) THE JOINT STATE GOVERNMENT COMMISSION. 18 (7) THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE. 19 (8) THE LEGISLATIVE DATA PROCESSING COMMITTEE. 20 (9) THE INDEPENDENT REGULATORY REVIEW COMMISSION. 21 (10) THE LEGISLATIVE REFERENCE BUREAU. 22 (11) THE LOCAL GOVERNMENT COMMISSION. 23 (12) THE PENNSYLVANIA COMMISSION ON SENTENCING. 24 "LEGISLATIVE RECORD." INCLUDES THE FOLLOWING INFORMATION 25 RELATING TO A LEGISLATIVE AGENCY OR STANDING COMMITTEE: 26 (1) A FINANCIAL RECORD. 27 (2) A BILL OR RESOLUTION THAT HAS BEEN INTRODUCED AND 28 AMENDMENTS OFFERED THERETO IN COMMITTEE OR IN LEGISLATIVE 29 SESSION, INCLUDING RESOLUTIONS TO ADOPT OR AMEND THE RULES OF 30 A CHAMBER. 20070S0001B1509 - 30 -
1 (3) FISCAL NOTES. 2 (4) A COSPONSORSHIP MEMORANDUM. 3 (5) THE JOURNAL OF A CHAMBER. 4 (6) THE MINUTES OF A PUBLIC COMMITTEE MEETING. 5 (7) THE TRANSCRIPT OF A PUBLIC HEARING WHEN AVAILABLE. 6 (8) THE RECORD OF ATTENDANCE OF MEMBERS AT A COMMITTEE 7 MEETING. 8 (9) THE RULES OF A CHAMBER. 9 (10) A RECORD OF ALL RECORDED VOTES TAKEN IN A COMMITTEE 10 MEETING OR LEGISLATIVE SESSION. 11 (11) ANY ADMINISTRATIVE STAFF MANUALS OR WRITTEN 12 POLICIES. 13 (12) AN AUDIT PREPARED PURSUANT TO THE ACT OF JUNE 30, 14 1970 (P.L.442, NO.151) ENTITLED, "AN ACT IMPLEMENTING THE 15 PROVISIONS OF ARTICLE VIII, SECTION 10 OF THE CONSTITUTION OF 16 PENNSYLVANIA, BY DESIGNATING THE COMMONWEALTH OFFICERS WHO 17 SHALL BE CHARGED WITH THE FUNCTION OF AUDITING THE FINANCIAL 18 TRANSACTIONS AFTER THE OCCURRENCE THEREOF OF THE LEGISLATIVE 19 AND JUDICIAL BRANCHES OF THE GOVERNMENT OF THE COMMONWEALTH, 20 ESTABLISHING A LEGISLATIVE AUDIT ADVISORY COMMISSION, AND 21 IMPOSING CERTAIN POWERS AND DUTIES ON SUCH COMMISSION." 22 (13) FINAL OR ANNUAL REPORTS REQUIRED BY LAW TO BE 23 SUBMITTED TO THE GENERAL ASSEMBLY. 24 (14) LEGISLATIVE BUDGET AND FINANCE COMMITTEE REPORTS. 25 (15) MARKED CALENDARS. 26 "LOCAL AGENCY." ANY OF THE FOLLOWING: 27 (1) ANY POLITICAL SUBDIVISION, INTERMEDIATE UNIT, 28 CHARTER SCHOOL OR PUBLIC TRADE OR VOCATIONAL SCHOOL. 29 (2) ANY LOCAL, INTERGOVERNMENTAL, REGIONAL OR MUNICIPAL 30 AGENCY, AUTHORITY, COUNCIL, BOARD, COMMISSION OR SIMILAR 20070S0001B1509 - 31 -
1 GOVERNMENTAL ENTITY. 2 "PERSONAL FINANCIAL INFORMATION." AN INDIVIDUAL'S PERSONAL 3 CREDIT, CHARGE OR DEBIT CARD INFORMATION; BANK ACCOUNT 4 INFORMATION; BANK, CREDIT OR FINANCIAL STATEMENTS; ACCOUNT OR 5 PIN NUMBERS AND OTHER INFORMATION RELATING TO AN INDIVIDUAL'S 6 PERSONAL FINANCES. 7 "PRIVILEGE." THE ATTORNEY-WORK PRODUCT DOCTRINE, THE 8 ATTORNEY-CLIENT PRIVILEGE, THE DOCTOR-PATIENT PRIVILEGE OR OTHER 9 PRIVILEGE RECOGNIZED BY A COURT INTERPRETING THE LAWS OF THIS 10 COMMONWEALTH. 11 "PUBLIC RECORD." A RECORD OF A COMMONWEALTH OR LOCAL AGENCY 12 THAT: 13 (1) IS NOT EXEMPT UNDER SECTION 708; 14 (2) IS NOT EXEMPT FROM BEING DISCLOSED UNDER ANY OTHER 15 FEDERAL OR STATE LAW OR REGULATION OR JUDICIAL ORDER OR 16 DECREE; OR 17 (3) IS NOT PROTECTED BY A PRIVILEGE. 18 "RECORD." INFORMATION, REGARDLESS OF PHYSICAL FORM OR 19 CHARACTERISTICS, THAT DOCUMENTS A TRANSACTION OR ACTIVITY OF AN 20 AGENCY AND THAT IS CREATED, RECEIVED OR RETAINED PURSUANT TO LAW 21 OR IN CONNECTION WITH A TRANSACTION, BUSINESS OR ACTIVITY OF THE 22 AGENCY. THE TERM INCLUDES A DOCUMENT, PAPER, LETTER, MAP, BOOK, 23 TAPE, PHOTOGRAPH, FILM OR SOUND RECORDING, INFORMATION STORED OR 24 MAINTAINED ELECTRONICALLY AND A DATA-PROCESSED OR IMAGE- 25 PROCESSED DOCUMENT. THE TERM INCLUDES A FINANCIAL RECORD, A 26 LEGISLATIVE RECORD AND A PUBLIC RECORD. 27 "REQUESTER." A PERSON THAT IS A RESIDENT OF THE UNITED 28 STATES AND REQUESTS A RECORD PURSUANT TO THIS ACT. THE TERM 29 INCLUDES A POLITICAL SUBDIVISION. 30 "RESPONSE." ACCESS TO A RECORD OR AN AGENCY'S WRITTEN NOTICE 20070S0001B1509 - 32 -
1 GRANTING, DENYING OR PARTIALLY GRANTING AND PARTIALLY DENYING 2 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 OCCUPATIONAL TRAINING, EDUCATION AND COUNSELING SERVICES, 7 WORKERS' COMPENSATION AND UNEMPLOYMENT COMPENSATION SERVICES, 8 FOSTER CARE SERVICES AND SERVICES FOR VICTIMS OF CRIMES. 9 "STATE-AFFILIATED ENTITY." A COMMONWEALTH AUTHORITY OR 10 COMMONWEALTH ENTITY. THE TERM INCLUDES THE PENNSYLVANIA HIGHER 11 EDUCATION ASSISTANCE AGENCY, THE PENNSYLVANIA HOUSING FINANCE 12 AGENCY, THE PENNSYLVANIA MUNICIPAL RETIREMENT BOARD, THE STATE 13 SYSTEM OF HIGHER EDUCATION, A COMMUNITY COLLEGE, THE 14 PENNSYLVANIA TURNPIKE COMMISSION, THE PENNSYLVANIA PUBLIC 15 UTILITY COMMISSION, THE PENNSYLVANIA INFRASTRUCTURE INVESTMENT 16 AUTHORITY, THE STATE PUBLIC SCHOOL BUILDING AUTHORITY, THE 17 PENNSYLVANIA INTERSCHOLASTIC ATHLETIC ASSOCIATION AND THE 18 PENNSYLVANIA EDUCATIONAL FACILITIES AUTHORITY. THE TERM DOES NOT 19 INCLUDE A STATE-RELATED INSTITUTION. 20 "TERRORIST ACT." A VIOLENT OR LIFE-THREATENING ACT THAT 21 VIOLATES THE CRIMINAL LAWS OF THE UNITED STATES OR ANY STATE AND 22 APPEARS TO BE INTENDED TO: 23 (1) INTIMIDATE OR COERCE A CIVILIAN POPULATION; 24 (2) INFLUENCE THE POLICY OF A GOVERNMENT; OR 25 (3) AFFECT THE CONDUCT OF A GOVERNMENT BY MASS 26 DESTRUCTION, ASSASSINATION OR KIDNAPPING. 27 "TRADE SECRET." INFORMATION, INCLUDING A FORMULA, DRAWING, 28 PATTERN, COMPILATION, INCLUDING A CUSTOMER LIST, PROGRAM, 29 DEVICE, METHOD, TECHNIQUE OR PROCESS THAT: 30 (1) DERIVES INDEPENDENT ECONOMIC VALUE, ACTUAL OR 20070S0001B1509 - 33 -
1 POTENTIAL, FROM NOT BEING GENERALLY KNOWN TO AND NOT BEING 2 READILY ASCERTAINABLE BY PROPER MEANS BY OTHER PERSONS WHO 3 CAN OBTAIN ECONOMIC VALUE FROM ITS DISCLOSURE OR USE; AND 4 (2) IS THE SUBJECT OF EFFORTS THAT ARE REASONABLE UNDER 5 THE CIRCUMSTANCES TO MAINTAIN ITS SECRECY. 6 THE TERM INCLUDES DATA PROCESSING SOFTWARE OBTAINED BY AN AGENCY 7 UNDER A LICENSING AGREEMENT PROHIBITING DISCLOSURE. 8 CHAPTER 3 9 REQUIREMENTS AND PROHIBITIONS 10 SECTION 301. COMMONWEALTH AGENCIES. 11 (A) REQUIREMENT.--A COMMONWEALTH AGENCY SHALL PROVIDE PUBLIC 12 RECORDS IN ACCORDANCE WITH THIS ACT. 13 (B) PROHIBITION.--A COMMONWEALTH AGENCY MAY NOT DENY A 14 REQUESTER ACCESS TO A PUBLIC RECORD DUE TO THE INTENDED USE OF 15 THE PUBLIC RECORD BY THE REQUESTER. 16 SECTION 302. LOCAL AGENCIES. 17 (A) REQUIREMENT.--A LOCAL AGENCY SHALL PROVIDE PUBLIC 18 RECORDS IN ACCORDANCE WITH THIS ACT. 19 (B) PROHIBITION.--A LOCAL AGENCY MAY NOT DENY A REQUESTER 20 ACCESS TO A PUBLIC RECORD DUE TO THE INTENDED USE OF THE PUBLIC 21 RECORD BY THE REQUESTER. 22 SECTION 303. LEGISLATIVE AGENCIES. 23 (A) REQUIREMENT.--A LEGISLATIVE AGENCY SHALL PROVIDE 24 LEGISLATIVE RECORDS IN ACCORDANCE WITH THIS ACT. 25 (B) PROHIBITION.--A LEGISLATIVE AGENCY MAY NOT DENY A 26 REQUESTER ACCESS TO A LEGISLATIVE RECORD DUE TO THE INTENDED USE 27 OF THE LEGISLATIVE RECORD BY THE REQUESTER. 28 SECTION 304. JUDICIAL AGENCIES. 29 (A) REQUIREMENT.--A JUDICIAL AGENCY SHALL PROVIDE FINANCIAL 30 RECORDS IN ACCORDANCE WITH THIS ACT. 20070S0001B1509 - 34 -
1 (B) PROHIBITION.--A JUDICIAL AGENCY MAY NOT DENY A REQUESTER 2 ACCESS TO A FINANCIAL RECORD DUE TO THE INTENDED USE OF THE 3 FINANCIAL RECORD BY THE REQUESTER. 4 SECTION 305. PRESUMPTION. 5 A RECORD IN THE POSSESSION OF A COMMONWEALTH AGENCY OR LOCAL 6 AGENCY SHALL BE PRESUMED TO BE A PUBLIC RECORD UNLESS THE RECORD 7 IS EXEMPT UNDER SECTION 708. 8 SECTION 306. NATURE OF DOCUMENT. 9 NOTHING IN THIS ACT SHALL SUPERSEDE OR MODIFY THE PUBLIC OR 10 CONFIDENTIAL NATURE OF A RECORD OR DOCUMENT ESTABLISHED IN 11 FEDERAL OR STATE STATUTE OR LAW. 12 CHAPTER 5 13 ACCESS 14 SECTION 501. SCOPE OF CHAPTER. 15 THIS CHAPTER APPLIES TO ALL AGENCIES. 16 SECTION 502. OPEN-RECORDS OFFICER. 17 (A) ESTABLISHMENT.-- 18 (1) AN AGENCY SHALL DESIGNATE AN OFFICIAL OR EMPLOYEE TO 19 ACT AS THE OPEN-RECORDS OFFICER. 20 (2) FOR A LEGISLATIVE AGENCY OTHER THAN THE SENATE OR 21 THE HOUSE OF REPRESENTATIVES, THE OPEN-RECORDS OFFICER 22 DESIGNATED BY THE LEGISLATIVE REFERENCE BUREAU SHALL SERVE AS 23 THE OPEN-RECORDS OFFICER. 24 (B) FUNCTIONS.-- 25 (1) THE OPEN-RECORDS OFFICER SHALL RECEIVE REQUESTS 26 SUBMITTED TO THE AGENCY UNDER THIS ACT, DIRECT REQUESTS TO 27 OTHER APPROPRIATE PERSONS WITHIN THE AGENCY, TRACK THE 28 AGENCY'S PROGRESS IN RESPONDING TO REQUESTS AND ISSUE INTERIM 29 AND FINAL RESPONSES UNDER THIS ACT. 30 (2) UPON RECEIVING A REQUEST FOR A PUBLIC RECORD, 20070S0001B1509 - 35 -
1 LEGISLATIVE RECORD OR FINANCIAL RECORD, THE OPEN-RECORDS 2 OFFICER SHALL DO ALL OF THE FOLLOWING: 3 (I) DATE STAMP A 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. 10 (IV) CREATE A FILE FOR THE RETENTION OF THE ORIGINAL 11 REQUEST, A COPY OF THE RESPONSE, A RECORD OF VERBAL OR 12 WRITTEN COMMUNICATIONS WITH THE REQUESTER AND A COPY OF 13 OTHER COMMUNICATIONS. 14 SECTION 503. APPEALS OFFICER. 15 (A) COMMONWEALTH AGENCIES AND LOCAL AGENCIES.--THE 16 CLEARINGHOUSE ESTABLISHED UNDER SECTION 1310 SHALL DESIGNATE AN 17 APPEALS OFFICER UNDER SECTION 1101(A)(2) FOR ALL: 18 (1) COMMONWEALTH AGENCIES; AND 19 (2) LOCAL AGENCIES. 20 (B) JUDICIAL AGENCIES.--A JUDICIAL AGENCY SHALL DESIGNATE AN 21 APPEALS OFFICER. 22 (C) LEGISLATIVE AGENCIES.-- 23 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2), THE 24 LEGISLATIVE REFERENCE BUREAU SHALL DESIGNATE AN APPEALS 25 OFFICER TO SERVE FOR ALL LEGISLATIVE AGENCIES. 26 (2) EACH OF THE FOLLOWING SHALL DESIGNATE AN APPEALS 27 OFFICER: 28 (I) THE SENATE. 29 (II) THE HOUSE OF REPRESENTATIVES. 30 SECTION 504. REGULATIONS AND POLICIES. 20070S0001B1509 - 36 -
1 (A) AUTHORITY.--AN AGENCY MAY PROMULGATE REGULATIONS, RULES 2 OR POLICIES NECESSARY FOR THE AGENCY TO IMPLEMENT THIS ACT. THE 3 CLEARINGHOUSE MAY PROMULGATE REGULATIONS RELATING TO APPEALS. 4 (B) POSTING.--THE FOLLOWING INFORMATION SHALL BE POSTED AT 5 EACH AGENCY AND, IF THE AGENCY MAINTAINS AN INTERNET WEBSITE, ON 6 THE AGENCY'S INTERNET WEBSITE: 7 (1) CONTACT INFORMATION FOR THE OPEN-RECORDS OFFICER. 8 (2) CONTACT INFORMATION FOR THE CLEARINGHOUSE OR OTHER 9 APPLICABLE APPEALS OFFICER. 10 (3) A FORM WHICH MAY BE USED TO FILE A REQUEST. 11 (4) RULES, REGULATIONS, POLICIES AND PROCEDURES OF THE 12 AGENCY RELATING TO THIS ACT. 13 SECTION 505. UNIFORM FORM. 14 (A) COMMONWEALTH AGENCIES.--THE CLEARINGHOUSE SHALL DEVELOP 15 A UNIFORM FORM WHICH SHALL BE ACCEPTED BY ALL COMMONWEALTH AND 16 LOCAL AGENCIES TO FILE A REQUEST UNDER THIS ACT. THE FORM SHALL 17 BE PUBLISHED IN THE PENNSYLVANIA BULLETIN AND ON THE 18 CLEARINGHOUSE'S INTERNET WEBSITE. 19 (B) JUDICIAL AGENCIES.--A JUDICIAL AGENCY MAY DEVELOP A FORM 20 TO REQUEST FINANCIAL RECORDS OR MAY USE A FORM DEVELOPED BY THE 21 ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS OR THE 22 CLEARINGHOUSE. 23 (C) LEGISLATIVE AGENCIES.--A LEGISLATIVE AGENCY MAY DEVELOP 24 A FORM TO REQUEST LEGISLATIVE RECORDS OR MAY USE THE FORM 25 DEVELOPED BY THE CLEARINGHOUSE. 26 SECTION 506. REQUESTS. 27 (A) DISRUPTIVE REQUESTS.-- 28 (1) AN AGENCY MAY DENY A REQUESTER ACCESS TO A RECORD IF 29 THE REQUESTER HAS MADE REPEATED REQUESTS FOR THAT SAME RECORD 30 WHICH REQUESTS HAVE PLACED AN UNREASONABLE BURDEN ON THE 20070S0001B1509 - 37 -
1 AGENCY. 2 (2) A DENIAL UNDER THIS SUBSECTION SHALL NOT RESTRICT 3 THE ABILITY TO REQUEST A DIFFERENT RECORD. 4 (B) DISASTER OR POTENTIAL DAMAGE.-- 5 (1) AN AGENCY MAY DENY A REQUESTER ACCESS: 6 (I) WHEN TIMELY ACCESS IS NOT POSSIBLE DUE TO FIRE, 7 FLOOD OR OTHER DISASTER; OR 8 (II) TO HISTORICAL, ANCIENT OR RARE DOCUMENTS, 9 RECORDS, ARCHIVES AND MANUSCRIPTS WHEN ACCESS MAY, IN THE 10 PROFESSIONAL JUDGMENT OF THE CURATOR OR CUSTODIAN OF 11 RECORDS, CAUSE PHYSICAL DAMAGE OR IRREPARABLE HARM TO THE 12 RECORD. 13 (2) TO THE EXTENT POSSIBLE, THE CONTENTS OF A RECORD 14 UNDER THIS SUBSECTION SHALL BE MADE ACCESSIBLE TO A REQUESTER 15 EVEN WHEN THE RECORD IS PHYSICALLY UNAVAILABLE. 16 (C) AGENCY DISCRETION.--AN AGENCY MAY EXERCISE ITS 17 DISCRETION TO MAKE ANY OTHERWISE EXEMPT RECORD ACCESSIBLE FOR 18 INSPECTION AND COPYING UNDER THIS CHAPTER, IF ALL OF THE 19 FOLLOWING APPLY: 20 (1) DISCLOSURE OF THE RECORD IS NOT PROHIBITED UNDER ANY 21 OF THE FOLLOWING: 22 (I) FEDERAL OR STATE LAW OR REGULATION. 23 (II) JUDICIAL ORDER OR DECREE. 24 (2) THE RECORD IS NOT PROTECTED BY A PRIVILEGE. 25 (3) THE AGENCY HEAD DETERMINES THAT THE PUBLIC INTEREST 26 FAVORING ACCESS OUTWEIGHS ANY INDIVIDUAL, AGENCY OR PUBLIC 27 INTEREST THAT MAY FAVOR RESTRICTION OF ACCESS. 28 (D) AGENCY POSSESSION.-- 29 (1) A RECORD THAT IS NOT IN THE POSSESSION OF AN AGENCY 30 BUT IS IN THE POSSESSION OF A PARTY WITH WHOM THE AGENCY HAS 20070S0001B1509 - 38 -
1 CONTRACTED TO PERFORM A GOVERNMENTAL FUNCTION FOR THE AGENCY, 2 AND WHICH DIRECTLY RELATES TO THE GOVERNMENTAL FUNCTION, 3 SHALL BE CONSIDERED A PUBLIC RECORD OF THE AGENCY FOR 4 PURPOSES OF THIS ACT. 5 (2) NOTHING IN THIS ACT SHALL BE CONSTRUED TO REQUIRE 6 ACCESS TO ANY OTHER RECORD OF THE PARTY IN POSSESSION OF THE 7 RECORD. 8 (3) A REQUEST FOR A RECORD IN POSSESSION OF A PARTY 9 OTHER THAN THE AGENCY SHALL BE SUBMITTED TO THE OPEN RECORDS 10 OFFICER OF THE AGENCY. 11 SECTION 507. RETENTION OF RECORDS. 12 NOTHING IN THIS ACT SHALL BE CONSTRUED TO MODIFY, RESCIND OR 13 SUPERSEDE ANY RECORD RETENTION DISPOSITION SCHEDULE OF AN AGENCY 14 ESTABLISHED PURSUANT TO LAW, REGULATION, POLICY OR OTHER 15 DIRECTIVE. 16 CHAPTER 7 17 PROCEDURE 18 SECTION 701. ACCESS TO PUBLIC RECORDS. 19 (A) GENERAL RULE.--UNLESS OTHERWISE PROVIDED BY LAW, A 20 PUBLIC RECORD, LEGISLATIVE RECORD OR FINANCIAL RECORD SHALL BE 21 ACCESSIBLE FOR INSPECTION AND DUPLICATION IN ACCORDANCE WITH 22 THIS ACT. A RECORD SHALL BE PROVIDED TO A REQUESTER IN THE 23 MEDIUM REQUESTED IF THE PUBLIC RECORD EXISTS IN THAT MEDIUM; 24 OTHERWISE, IT SHALL BE PROVIDED IN THE MEDIUM IN WHICH IT 25 EXISTS. PUBLIC RECORDS, LEGISLATIVE RECORDS OR FINANCIAL RECORDS 26 SHALL BE AVAILABLE FOR ACCESS DURING THE REGULAR BUSINESS HOURS 27 OF AN AGENCY. 28 (B) CONSTRUCTION.--NOTHING IN THIS ACT SHALL BE CONSTRUED TO 29 REQUIRE ACCESS TO THE COMPUTER OF AN AGENCY OR INDIVIDUAL 30 EMPLOYEE OF AN AGENCY. 20070S0001B1509 - 39 -
1 SECTION 702. REQUESTS. 2 AGENCIES MAY FULFILL INFORMAL VERBAL, WRITTEN OR ANONYMOUS 3 VERBAL OR WRITTEN REQUESTS FOR ACCESS TO RECORDS UNDER THIS ACT. 4 IN THE EVENT THAT THE REQUESTER WISHES TO PURSUE THE RELIEF AND 5 REMEDIES PROVIDED FOR IN THIS ACT, THE REQUESTER MUST INITIATE 6 SUCH RELIEF WITH A WRITTEN REQUEST. 7 SECTION 703. WRITTEN REQUESTS. 8 A WRITTEN REQUEST FOR ACCESS TO RECORDS MAY BE SUBMITTED IN 9 PERSON, BY MAIL, BY E-MAIL, BY FACSIMILE OR, TO THE EXTENT 10 PROVIDED BY AGENCY RULES, ANY OTHER ELECTRONIC MEANS. A WRITTEN 11 REQUEST SHALL BE ADDRESSED TO THE AGENCY HEAD OR OPEN-RECORDS 12 OFFICER DESIGNATED IN SECTION 502. A WRITTEN REQUEST SHOULD 13 IDENTIFY OR DESCRIBE THE RECORDS SOUGHT WITH SUFFICIENT 14 SPECIFICITY TO ENABLE THE AGENCY TO ASCERTAIN WHICH RECORDS ARE 15 BEING REQUESTED AND SHALL INCLUDE THE NAME AND ADDRESS TO WHICH 16 THE AGENCY SHOULD ADDRESS ITS RESPONSE. A WRITTEN REQUEST NEED 17 NOT INCLUDE ANY EXPLANATION OF THE REQUESTER'S REASON FOR 18 REQUESTING OR INTENDED USE OF THE RECORDS. 19 SECTION 704. ELECTRONIC ACCESS. 20 (A) GENERAL RULE.--IN ADDITION TO THE REQUIREMENTS OF 21 SECTION 701, AN AGENCY MAY MAKE ITS RECORDS AVAILABLE THROUGH 22 ANY PUBLICLY ACCESSIBLE ELECTRONIC MEANS. 23 (B) RESPONSE.-- 24 (1) IN ADDITION TO THE REQUIREMENTS OF SECTION 701, AN 25 AGENCY MAY RESPOND TO A REQUEST BY NOTIFYING THE REQUESTER 26 THAT THE RECORD IS AVAILABLE THROUGH PUBLICLY ACCESSIBLE 27 ELECTRONIC MEANS OR THAT THE AGENCY WILL PROVIDE ACCESS TO 28 INSPECT THE RECORD ELECTRONICALLY. 29 (2) IF THE REQUESTER IS UNWILLING OR UNABLE TO USE THE 30 ELECTRONIC ACCESS, THE REQUESTER MAY SUBMIT A WRITTEN REQUEST 20070S0001B1509 - 40 -
1 TO THE AGENCY, WITHIN 30 DAYS FOLLOWING RECEIPT OF THE AGENCY 2 NOTIFICATION, TO HAVE THE RECORD CONVERTED TO PAPER. THE 3 AGENCY SHALL PROVIDE THE RECORD IN PRINTED FORM WITHIN FIVE 4 DAYS OF THE RECEIPT OF THE WRITTEN REQUEST FOR CONVERSION TO 5 PAPER. 6 SECTION 705. CREATION OF RECORD. 7 WHEN RESPONDING TO A REQUEST FOR ACCESS, AN AGENCY SHALL NOT 8 BE REQUIRED TO CREATE A RECORD WHICH DOES NOT CURRENTLY EXIST OR 9 TO COMPILE, MAINTAIN, FORMAT OR ORGANIZE A RECORD IN A MANNER IN 10 WHICH THE AGENCY DOES NOT CURRENTLY COMPILE, MAINTAIN, FORMAT OR 11 ORGANIZE THE RECORD. 12 SECTION 706. REDACTION. 13 IF AN AGENCY DETERMINES THAT A PUBLIC RECORD, LEGISLATIVE 14 RECORD OR FINANCIAL RECORD CONTAINS INFORMATION WHICH IS SUBJECT 15 TO ACCESS AS WELL AS INFORMATION WHICH IS NOT SUBJECT TO ACCESS, 16 THE AGENCY'S RESPONSE SHALL GRANT ACCESS TO THE INFORMATION 17 WHICH IS SUBJECT TO ACCESS AND DENY ACCESS TO THE INFORMATION 18 WHICH IS NOT SUBJECT TO ACCESS. IF THE INFORMATION WHICH IS NOT 19 SUBJECT TO ACCESS IS AN INTEGRAL PART OF THE PUBLIC RECORD, 20 LEGISLATIVE RECORD OR FINANCIAL RECORD AND CANNOT BE SEPARATED, 21 THE AGENCY SHALL REDACT FROM THE RECORD THE INFORMATION WHICH IS 22 NOT SUBJECT TO ACCESS, AND THE RESPONSE SHALL GRANT ACCESS TO 23 THE INFORMATION WHICH IS SUBJECT TO ACCESS. THE AGENCY MAY NOT 24 DENY ACCESS TO THE RECORD IF THE INFORMATION WHICH IS NOT 25 SUBJECT TO ACCESS IS ABLE TO BE REDACTED. INFORMATION WHICH AN 26 AGENCY REDACTS IN ACCORDANCE WITH THIS SUBSECTION SHALL BE 27 DEEMED A DENIAL UNDER CHAPTER 9. 28 SECTION 707. PRODUCTION OF CERTAIN RECORDS. 29 IF, IN RESPONSE TO A REQUEST, AN AGENCY PRODUCES A RECORD 30 THAT IS NOT A PUBLIC RECORD, LEGISLATIVE RECORD OR FINANCIAL 20070S0001B1509 - 41 -
1 RECORD, THE AGENCY SHALL NOTIFY ANY THIRD PARTY THAT PROVIDED 2 THE RECORD TO THE AGENCY, THE PERSON THAT IS THE SUBJECT OF THE 3 RECORD AND THE REQUESTER. 4 SECTION 708. EXCEPTIONS FOR PUBLIC RECORDS. 5 (A) BURDEN OF PROOF.--THE BURDEN OF PROVING THAT A PUBLIC 6 RECORD IS EXEMPT FROM PUBLIC ACCESS SHALL BE ON THE COMMONWEALTH 7 OR LOCAL AGENCY RECEIVING A REQUEST BY A PREPONDERANCE OF THE 8 EVIDENCE. 9 (B) EXCEPTIONS.--IN THE CASE OF A PUBLIC RECORD, UNLESS 10 DISCLOSURE IS OTHERWISE REQUIRED BY LAW, THE FOLLOWING ARE 11 EXEMPT FROM ACCESS BY A REQUESTER UNDER THIS ACT: 12 (1) A RECORD THE DISCLOSURE OF WHICH: 13 (I) WOULD RESULT IN THE LOSS OF FEDERAL OR STATE 14 FUNDS BY AN AGENCY OR THE COMMONWEALTH; OR 15 (II) WOULD BE REASONABLY LIKELY TO RESULT IN A 16 SUBSTANTIAL AND DEMONSTRABLE RISK OF PHYSICAL HARM TO AN 17 INDIVIDUAL. 18 (2) A RECORD MAINTAINED BY AN AGENCY IN CONNECTION WITH 19 THE MILITARY, HOMELAND SECURITY, NATIONAL DEFENSE, LAW 20 ENFORCEMENT OR OTHER PUBLIC SAFETY ACTIVITY THAT IF DISCLOSED 21 WOULD BE REASONABLY LIKELY TO JEOPARDIZE OR THREATEN PUBLIC 22 SAFETY OR PREPAREDNESS OR PUBLIC PROTECTION ACTIVITY OR A 23 RECORD THAT IS DESIGNATED CLASSIFIED BY AN APPROPRIATE 24 FEDERAL OR STATE MILITARY AUTHORITY. 25 (3) A RECORD, THE DISCLOSURE OF WHICH CREATES A 26 REASONABLE LIKELIHOOD OF ENDANGERING THE LIFE, SAFETY OR THE 27 PHYSICAL SECURITY OF A BUILDING, PUBLIC UTILITY, RESOURCE, 28 INFRASTRUCTURE, FACILITY OR INFORMATION STORAGE SYSTEM, WHICH 29 MAY INCLUDE: 30 (I) DOCUMENTS OR DATA RELATING TO COMPUTER HARDWARE, 20070S0001B1509 - 42 -
1 SOURCE FILES, SOFTWARE AND SYSTEM NETWORKS THAT COULD 2 JEOPARDIZE COMPUTER SECURITY BY EXPOSING A VULNERABILITY 3 IN PREVENTING, PROTECTING AGAINST, MITIGATING OR 4 RESPONDING TO A TERRORIST ACT; 5 (II) LISTS OF INFRASTRUCTURE, RESOURCES AND 6 SIGNIFICANT SPECIAL EVENTS, INCLUDING THOSE DEFINED BY 7 THE FEDERAL GOVERNMENT IN THE NATIONAL INFRASTRUCTURE 8 PROTECTIONS, WHICH ARE DEEMED CRITICAL DUE TO THEIR 9 NATURE AND WHICH RESULT FROM RISK ANALYSIS; THREAT 10 ASSESSMENTS; CONSEQUENCES ASSESSMENTS; ANTITERRORISM 11 PROTECTIVE MEASURES AND PLANS; COUNTERTERRORISM MEASURES 12 AND PLANS; AND SECURITY AND RESPONSE NEEDS ASSESSMENTS; 13 AND 14 (III) BUILDING PLANS OR INFRASTRUCTURE RECORDS THAT 15 EXPOSE OR CREATE VULNERABILITY THROUGH DISCLOSURE OF THE 16 LOCATION, CONFIGURATION OR SECURITY OF CRITICAL SYSTEMS, 17 INCLUDING PUBLIC UTILITY SYSTEMS, STRUCTURAL ELEMENTS, 18 TECHNOLOGY, COMMUNICATION, ELECTRICAL, FIRE SUPPRESSION, 19 VENTILATION, WATER, WASTEWATER, SEWAGE AND GAS SYSTEMS. 20 (4) A RECORD REGARDING COMPUTER HARDWARE, SOFTWARE AND 21 NETWORKS, INCLUDING ADMINISTRATIVE OR TECHNICAL RECORDS, 22 WHICH, IF DISCLOSED, WOULD BE REASONABLY LIKELY TO JEOPARDIZE 23 COMPUTER SECURITY. 24 (5) A RECORD OF AN INDIVIDUAL'S MEDICAL, PSYCHIATRIC OR 25 PSYCHOLOGICAL HISTORY OR DISABILITY STATUS, INCLUDING 26 EVALUATION, CONSULTATION, A PRESCRIPTION, DIAGNOSIS OR 27 TREATMENT; RESULTS OF TESTS, INCLUDING DRUG TESTS; ENROLLMENT 28 IN A HEALTH CARE PROGRAM OR PROGRAM DESIGNED FOR 29 PARTICIPATION BY PERSONS WITH DISABILITIES, INCLUDING 30 VOCATION REHABILITATION, WORKERS' COMPENSATION AND 20070S0001B1509 - 43 -
1 UNEMPLOYMENT COMPENSATION; OR RELATED INFORMATION THAT WOULD 2 DISCLOSE INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION. 3 (6) (I) THE FOLLOWING PERSONAL IDENTIFICATION 4 INFORMATION: 5 (A) A RECORD CONTAINING ALL OR PART OF AN 6 INDIVIDUAL'S SOCIAL SECURITY NUMBER; DRIVER'S LICENSE 7 NUMBER; PERSONAL FINANCIAL INFORMATION OF AN 8 INDIVIDUAL; HOME, CELLULAR OR PERSONAL TELEPHONE 9 NUMBER; PERSONAL E-MAIL ADDRESS; EMPLOYEE NUMBER; 10 OTHER PERSONAL IDENTIFICATION NUMBER; OR OTHER 11 PERSONAL INFORMATION. 12 (B) A SPOUSE'S NAME; MARITAL STATUS, BENEFICIARY 13 OR DEPENDENT INFORMATION. 14 (II) NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE 15 RELEASE OF THE NAME, POSITION, SALARY, ACTUAL 16 COMPENSATION OR OTHER PAYMENTS OR EXPENSES, EMPLOYMENT 17 CONTRACT, EMPLOYMENT-RELATED CONTRACT OR AGREEMENT AND 18 LENGTH OF SERVICE OF A PUBLIC OFFICIAL OR AN AGENCY 19 EMPLOYEE. 20 (III) AN AGENCY MAY REDACT THE NAME OR OTHER 21 IDENTIFYING INFORMATION RELATING TO AN INDIVIDUAL 22 PERFORMING AN UNDERCOVER OR COVERT LAW ENFORCEMENT 23 ACTIVITY FROM A RECORD. 24 (7) THE FOLLOWING RECORDS RELATING TO AN AGENCY 25 EMPLOYEE: 26 (I) A LETTER OF REFERENCE OR RECOMMENDATION 27 PERTAINING TO THE CHARACTER OR QUALIFICATIONS OF AN 28 IDENTIFIABLE INDIVIDUAL, UNLESS IT WAS PREPARED IN 29 RELATION TO THE APPOINTMENT OF AN INDIVIDUAL TO FILL A 30 VACANCY IN AN ELECTED OFFICE OR AN APPOINTED OFFICE 20070S0001B1509 - 44 -
1 REQUIRING SENATE CONFIRMATION. 2 (II) A PERFORMANCE RATING OR REVIEW. 3 (III) THE RESULT OF A CIVIL SERVICE OR SIMILAR TEST 4 ADMINISTERED BY A COMMONWEALTH AGENCY, LEGISLATIVE AGENCY 5 OR JUDICIAL AGENCY. THE RESULT OF A CIVIL SERVICE OR 6 SIMILAR TEST ADMINISTERED BY A LOCAL AGENCY SHALL NOT BE 7 DISCLOSED IF RESTRICTED BY A COLLECTIVE BARGAINING 8 AGREEMENT. ONLY TEST SCORES OF INDIVIDUALS WHO OBTAINED A 9 PASSING SCORE ON A TEST ADMINISTERED BY A LOCAL AGENCY 10 MAY BE DISCLOSED. 11 (IV) WORKPLACE SUPPORT SERVICES PROGRAM INFORMATION. 12 (V) WRITTEN CRITICISMS OF AN EMPLOYEE. 13 (VI) GRIEVANCE MATERIAL, INCLUDING DOCUMENTS RELATED 14 TO DISCRIMINATION OR SEXUAL HARASSMENT. 15 (VII) (A) INFORMATION REGARDING DISCIPLINE, 16 DEMOTION OR DISCHARGE CONTAINED IN A PERSONNEL FILE. 17 (B) THIS SUBPARAGRAPH SHALL NOT APPLY TO THE 18 RESULTS OF A DISCIPLINARY PROCEEDING OR ACTION THAT 19 RESULTS IN SUSPENSION, DEMOTION OR DISCHARGE. 20 (8) (I) A RECORD PERTAINING TO STRATEGY OR NEGOTIATIONS 21 RELATING TO LABOR RELATIONS OR COLLECTIVE BARGAINING OR 22 ARBITRATION AWARD. 23 (II) THIS PARAGRAPH DOES NOT APPLY TO ANY FINAL OR 24 EXECUTED CONTRACT OR AGREEMENT OR ARBITRATION AWARD 25 BETWEEN THE PARTIES. 26 (9) THE DRAFT OF A BILL, RESOLUTION, REGULATION, 27 STATEMENT OF POLICY, MANAGEMENT DIRECTIVE OR AMENDMENT 28 THERETO PREPARED BY OR FOR AN AGENCY. 29 (10) (I) A RECORD THAT REFLECTS: 30 (A) THE INTERNAL, PREDECISIONAL DELIBERATIONS OF 20070S0001B1509 - 45 -
1 AN AGENCY, ITS MEMBERS, EMPLOYEES OR OFFICIALS OR 2 PREDECISIONAL DELIBERATIONS BETWEEN AGENCY MEMBERS, 3 EMPLOYEES OR OFFICIALS AND MEMBERS, EMPLOYEES OR 4 OFFICIALS OF ANOTHER AGENCY, INCLUDING PREDECISIONAL 5 DELIBERATIONS RELATING TO A BUDGET RECOMMENDATION, 6 LEGISLATIVE PROPOSAL, LEGISLATIVE AMENDMENT, 7 CONTEMPLATED OR PROPOSED POLICY OR COURSE OF ACTION 8 OR ANY RESEARCH, MEMOS OR OTHER DOCUMENTS USED IN THE 9 PREDECISIONAL DELIBERATIONS. 10 (B) THE STRATEGY TO BE USED TO DEVELOP OR 11 ACHIEVE THE SUCCESSFUL ADOPTION OF A BUDGET, 12 LEGISLATIVE PROPOSAL OR REGULATION. 13 (II) THIS PARAGRAPH APPLIES TO: 14 (A) THE GOVERNOR'S OFFICE, THE HEAD OF A 15 COMMONWEALTH AGENCY AND THE STAFF OF THE GOVERNOR OR 16 AGENCY. 17 (B) THE CHIEF EXECUTIVE OFFICER OR GOVERNING 18 BODY OF A LOCAL AGENCY, OR A MEMBER OR STAFF OF THE 19 LOCAL AGENCY PRIOR TO THE PRESENTATION OF THE 20 DECISION, POLICY, PROPOSAL OR COURSE OF ACTION TO A 21 QUORUM OF THE GOVERNING BODY. 22 (III) THIS PARAGRAPH DOES NOT APPLY TO A WRITTEN 23 APPLICATION OR OTHER DOCUMENT USED TO REQUEST 24 COMMONWEALTH FUNDS. 25 (11) A RECORD THAT CONSTITUTES OR REVEALS A TRADE SECRET 26 OR CONFIDENTIAL PROPRIETARY INFORMATION. 27 (12) NOTES AND WORKING PAPERS PREPARED BY OR FOR A 28 PUBLIC OFFICIAL OR AGENCY EMPLOYEE USED SOLELY FOR THAT 29 OFFICIAL'S OR EMPLOYEE'S OWN PERSONAL USE, INCLUDING 30 TELEPHONE MESSAGE SLIPS, ROUTING SLIPS AND OTHER MATERIALS 20070S0001B1509 - 46 -
1 THAT DO NOT HAVE AN OFFICIAL PURPOSE. 2 (13) RECORDS THAT WOULD DISCLOSE THE IDENTITY OF AN 3 INDIVIDUAL WHO LAWFULLY MAKES A DONATION TO AN AGENCY UNLESS 4 THE DONATION IS INTENDED FOR OR RESTRICTED TO PROVIDING 5 REMUNERATION OR PERSONAL TANGIBLE BENEFIT TO A NAMED PUBLIC 6 OFFICIAL OR EMPLOYEE OF THE AGENCY, INCLUDING LISTS OF 7 POTENTIAL DONORS COMPILED BY AN AGENCY TO PURSUE DONATIONS, 8 DONOR PROFILE INFORMATION OR PERSONAL IDENTIFYING INFORMATION 9 RELATING TO A DONOR. 10 (14) UNPUBLISHED LECTURE NOTES, UNPUBLISHED MANUSCRIPTS, 11 UNPUBLISHED ARTICLES, CREATIVE WORKS IN PROGRESS, RESEARCH- 12 RELATED MATERIAL AND SCHOLARLY CORRESPONDENCE OF A COMMUNITY 13 COLLEGE OR AN INSTITUTION OF THE STATE SYSTEM OF HIGHER 14 EDUCATION OR A FACULTY MEMBER, STAFF EMPLOYEE, GUEST SPEAKER 15 OR STUDENT THEREOF. 16 (15) EXAMINATION QUESTIONS, SCORING KEYS OR ANSWERS TO 17 AN EXAMINATION. 18 (16) A RECORD OF AN AGENCY RELATING TO OR RESULTING IN A 19 CRIMINAL INVESTIGATION, INCLUDING: 20 (I) COMPLAINTS OF POTENTIAL CRIMINAL CONDUCT OTHER 21 THAN A PRIVATE CRIMINAL COMPLAINT. 22 (II) INVESTIGATIVE MATERIALS, NOTES, CORRESPONDENCE 23 AND REPORTS. 24 (III) A RECORD THAT INCLUDES THE IDENTITY OF A 25 CONFIDENTIAL SOURCE OR THE IDENTITY OF A SUSPECT WHO HAS 26 NOT BEEN CHARGED WITH AN OFFENSE TO WHOM CONFIDENTIALITY 27 HAS BEEN PROMISED. 28 (IV) A RECORD THAT INCLUDES INFORMATION MADE 29 CONFIDENTIAL BY LAW OR COURT ORDER. 30 (V) VICTIM INFORMATION, INCLUDING ANY INFORMATION 20070S0001B1509 - 47 -
1 THAT WOULD JEOPARDIZE THE SAFETY OF THE VICTIM. 2 (VI) A RECORD THAT, IF DISCLOSED, WOULD DO ANY OF 3 THE FOLLOWING: 4 (A) REVEAL THE INSTITUTION, PROGRESS OR RESULT 5 OF A CRIMINAL INVESTIGATION, EXCEPT THE FILING OF 6 CRIMINAL CHARGES. 7 (B) DEPRIVE A PERSON OF THE RIGHT TO A FAIR 8 TRIAL OR AN IMPARTIAL ADJUDICATION. 9 (C) IMPAIR THE ABILITY TO LOCATE A DEFENDANT OR 10 CODEFENDANT. 11 (D) HINDER AN AGENCY'S ABILITY TO SECURE AN 12 ARREST, PROSECUTION OR CONVICTION. 13 (E) ENDANGER THE LIFE OR PHYSICAL SAFETY OF AN 14 INDIVIDUAL. 15 (17) A RECORD OF AN AGENCY RELATING TO A NONCRIMINAL 16 INVESTIGATION, INCLUDING: 17 (I) COMPLAINTS SUBMITTED TO AN AGENCY. 18 (II) INVESTIGATIVE MATERIALS, NOTES, CORRESPONDENCE 19 AND REPORTS. 20 (III) A RECORD THAT INCLUDES THE IDENTITY OF A 21 CONFIDENTIAL SOURCE, INCLUDING INDIVIDUALS SUBJECT TO THE 22 ACT OF DECEMBER 12, 1986 (P.L.1559, NO.169), KNOWN AS THE 23 WHISTLEBLOWER LAW. 24 (IV) A RECORD THAT INCLUDES INFORMATION MADE 25 CONFIDENTIAL BY LAW OR COURT ORDER. 26 (V) WORK PAPERS UNDERLYING AN AUDIT. 27 (VI) A RECORD THAT, IF DISCLOSED, WOULD DO ANY OF 28 THE FOLLOWING: 29 (A) REVEAL THE INSTITUTION, PROGRESS OR RESULT 30 OF AN AGENCY INVESTIGATION, EXCEPT THE IMPOSITION OF 20070S0001B1509 - 48 -
1 A FINE OR CIVIL PENALTY OR THE SUSPENSION, 2 MODIFICATION OR REVOCATION OF A LICENSE, PERMIT, 3 REGISTRATION, CERTIFICATION OR SIMILAR AUTHORIZATION 4 ISSUED BY AN AGENCY. 5 (B) DEPRIVE A PERSON OF THE RIGHT TO AN 6 IMPARTIAL ADJUDICATION. 7 (C) CONSTITUTE AN UNWARRANTED INVASION OF 8 PRIVACY. 9 (D) HINDER AN AGENCY'S ABILITY TO SECURE AN 10 ADMINISTRATIVE OR CIVIL SANCTION. 11 (E) ENDANGER THE LIFE OR PHYSICAL SAFETY OF AN 12 INDIVIDUAL. 13 (18) 911 RECORDINGS. 14 (19) DNA RECORDS. 15 (20) ANY PART OF AN AUTOPSY RECORD OR OTHER OFFICIAL 16 RECORD OF A CORONER OR MEDICAL EXAMINER THAT IS AN AUDIOTAPE 17 OF A POSTMORTEM EXAMINATION OR AUTOPSY, OR A COPY, 18 REPRODUCTION OR FACSIMILE OF A PHOTOGRAPH, NEGATIVE OR PRINT, 19 INCLUDING A PHOTOGRAPH OR VIDEOTAPE OF THE BODY OR ANY 20 PORTION OF THE BODY OF A DECEASED PERSON TAKEN BY OR FOR THE 21 CORONER OR MEDICAL EXAMINER AT THE SCENE OF DEATH OR IN THE 22 COURSE OF A POSTMORTEM EXAMINATION OR AUTOPSY MADE BY OR 23 CAUSED TO BE MADE BY THE CORONER OR MEDICAL EXAMINER. 24 (21) MINUTES OF AN EXECUTIVE SESSION AND ANY RECORD OF 25 DISCUSSIONS HELD IN EXECUTIVE SESSION. 26 (22) (I) THE CONTENTS OF REAL ESTATE APPRAISALS, 27 ENGINEERING OR FEASIBILITY ESTIMATES, ENVIRONMENTAL 28 REVIEWS, AUDITS OR EVALUATIONS MADE FOR OR BY AN AGENCY 29 RELATIVE TO THE FOLLOWING: 30 (A) THE LEASING, ACQUIRING OR DISPOSING OF REAL 20070S0001B1509 - 49 -
1 PROPERTY. 2 (B) THE PURCHASE OF PUBLIC SUPPLIES OR EQUIPMENT 3 INCLUDED IN THE REAL ESTATE TRANSACTION. 4 (C) CONSTRUCTION PROJECTS. 5 (II) THIS PARAGRAPH DOES NOT APPLY ONCE THE DECISION 6 IS MADE TO PROCEED WITH THE LEASE, ACQUISITION OR 7 DISPOSAL OF REAL PROPERTY OR THE PURCHASE OF PUBLIC 8 SUPPLY OR CONSTRUCTION PROJECT. 9 (23) LIBRARY AND ARCHIVE CIRCULATION AND ORDER RECORDS 10 OF AN IDENTIFIABLE INDIVIDUAL OR GROUPS OF INDIVIDUALS. 11 (24) LIBRARY ARCHIVED AND MUSEUM MATERIALS, OR VALUABLE 12 OR RARE BOOK COLLECTIONS OR DOCUMENTS CONTRIBUTED BY GIFT, 13 GRANT, BEQUEST OR DEVISE, TO THE EXTENT OF ANY LIMITATIONS 14 IMPOSED BY THE DONOR AS A CONDITION OF THE CONTRIBUTION. 15 (25) A RECORD IDENTIFYING THE LOCATION OF AN 16 ARCHEOLOGICAL SITE OR AN ENDANGERED OR THREATENED PLANT OR 17 ANIMAL SPECIES IF NOT ALREADY KNOWN TO THE GENERAL PUBLIC. 18 (26) A PROPOSAL PERTAINING TO AGENCY PROCUREMENT OR 19 DISPOSAL OF SUPPLIES, SERVICES OR CONSTRUCTION PRIOR TO THE 20 AWARD OF THE CONTRACT OR PRIOR TO THE OPENING AND REJECTION 21 OF ALL BIDS; FINANCIAL INFORMATION OF A BIDDER OR OFFEROR 22 REQUESTED IN AN INVITATION FOR BID OR REQUEST FOR PROPOSALS 23 TO DEMONSTRATE THE BIDDER'S OR OFFEROR'S ECONOMIC CAPABILITY; 24 OR THE IDENTITY OF MEMBERS, NOTES AND OTHER RECORDS OF AGENCY 25 PROPOSAL EVALUATION COMMITTEES ESTABLISHED UNDER 62 PA.C.S. § 26 513 (RELATING TO COMPETITIVE SEALED PROPOSALS). 27 (27) A RECORD OR INFORMATION RELATING TO A COMMUNICATION 28 BETWEEN AN AGENCY AND ITS INSURANCE CARRIER, ADMINISTRATIVE 29 SERVICE ORGANIZATION OR RISK MANAGEMENT OFFICE. THIS 30 PARAGRAPH DOES NOT APPLY TO A CONTRACT WITH AN INSURANCE 20070S0001B1509 - 50 -
1 CARRIER, ADMINISTRATIVE SERVICE ORGANIZATION OR RISK 2 MANAGEMENT OFFICE OR TO FINANCIAL RECORDS RELATING TO THE 3 PROVISION OF INSURANCE. 4 (28) A RECORD OR INFORMATION: 5 (I) IDENTIFYING AN INDIVIDUAL WHO APPLIES FOR OR 6 RECEIVES SOCIAL SERVICES; OR 7 (II) RELATING TO THE FOLLOWING: 8 (A) THE TYPE OF SOCIAL SERVICES RECEIVED BY AN 9 INDIVIDUAL; 10 (B) AN INDIVIDUAL'S APPLICATION TO RECEIVE 11 SOCIAL SERVICES, INCLUDING A RECORD OR INFORMATION 12 RELATED TO AN AGENCY DECISION TO GRANT, DENY, REDUCE 13 OR RESTRICT BENEFITS, INCLUDING A QUASI-JUDICIAL 14 DECISION OF THE AGENCY AND THE IDENTITY OF A 15 CAREGIVER OR OTHERS WHO PROVIDE SERVICES TO THE 16 INDIVIDUAL; OR 17 (C) ELIGIBILITY TO RECEIVE SOCIAL BENEFITS, 18 INCLUDING THE INDIVIDUAL'S INCOME, ASSETS, PHYSICAL 19 OR MENTAL HEALTH, AGE, DISABILITY, FAMILY 20 CIRCUMSTANCES OR RECORD OF ABUSE. 21 (C) FINANCIAL RECORDS.--THE EXCEPTIONS SET FORTH IN 22 SUBSECTION (B) SHALL NOT APPLY TO FINANCIAL RECORDS, EXCEPT FOR 23 FINANCIAL RECORDS PROTECTED UNDER SUBSECTION (B)(1), (2), (3) OR 24 (4), PERSONAL FINANCIAL INFORMATION OR INDIVIDUAL MEDICAL 25 INFORMATION UNDER SUBSECTION (B)(5). AN AGENCY MAY REDACT THAT 26 PORTION OF A FINANCIAL RECORD WHICH WOULD DISCLOSE INFORMATION 27 PROTECTED BY SUBSECTION (B)(6) OR DISCLOSE THE IDENTITY OF A 28 CRIME VICTIM, CONFIDENTIAL SOURCE OR AN INDIVIDUAL PERFORMING AN 29 UNDERCOVER OR COVERT LAW ENFORCEMENT ACTIVITY UNDER SUBSECTION 30 (B)(16) OR (17). 20070S0001B1509 - 51 -
1 (D) AGGREGATED DATA.--THE EXCEPTIONS SET FORTH IN SUBSECTION 2 (B) SHALL NOT APPLY TO AGGREGATED DATA, MAINTAINED OR RECEIVED 3 BY AN AGENCY, EXCEPT FOR DATA PROTECTED UNDER SUBSECTION (B)(1), 4 (2), (3) OR (4). 5 CHAPTER 9 6 AGENCY RESPONSE 7 SECTION 901. GENERAL RULE. 8 UPON RECEIPT OF A WRITTEN REQUEST FOR ACCESS TO A RECORD, AN 9 AGENCY SHALL MAKE A GOOD FAITH EFFORT TO DETERMINE IF THE RECORD 10 REQUESTED IS A PUBLIC RECORD, LEGISLATIVE RECORD OR FINANCIAL 11 RECORD AND WHETHER THE AGENCY HAS POSSESSION, CUSTODY OR CONTROL 12 OF THE IDENTIFIED RECORD, AND TO RESPOND AS PROMPTLY AS POSSIBLE 13 UNDER THE CIRCUMSTANCES EXISTING AT THE TIME OF THE REQUEST. THE 14 TIME FOR RESPONSE SHALL NOT EXCEED FIVE BUSINESS DAYS FROM THE 15 DATE THE WRITTEN REQUEST IS RECEIVED BY THE AGENCY HEAD OR OPEN- 16 RECORDS OFFICER FOR AN AGENCY. IF THE AGENCY FAILS TO SEND THE 17 RESPONSE WITHIN FIVE BUSINESS DAYS OF RECEIPT OF THE WRITTEN 18 REQUEST FOR ACCESS, THE WRITTEN REQUEST FOR ACCESS SHALL BE 19 DEEMED DENIED. 20 SECTION 902. EXTENSION OF TIME. 21 (A) DETERMINATION.--UPON RECEIPT OF A WRITTEN REQUEST FOR 22 ACCESS, THE OPEN-RECORDS OFFICER FOR AN AGENCY SHALL DETERMINE 23 IF ONE OF THE FOLLOWING APPLIES: 24 (1) THE REQUEST FOR ACCESS REQUIRES REDACTION OF A 25 RECORD IN ACCORDANCE WITH SECTION 706; 26 (2) THE REQUEST FOR ACCESS REQUIRES THE RETRIEVAL OF A 27 RECORD STORED IN A REMOTE LOCATION; 28 (3) A TIMELY RESPONSE TO THE REQUEST FOR ACCESS CANNOT 29 BE ACCOMPLISHED DUE TO BONA FIDE AND SPECIFIED STAFFING 30 LIMITATIONS; 20070S0001B1509 - 52 -
1 (4) A LEGAL REVIEW IS NECESSARY TO DETERMINE WHETHER THE 2 RECORD IS A RECORD SUBJECT TO ACCESS UNDER THIS ACT; 3 (5) THE REQUESTER HAS NOT COMPLIED WITH THE COMMONWEALTH 4 AGENCY'S POLICIES REGARDING ACCESS TO RECORDS; 5 (6) THE REQUESTER REFUSES TO PAY APPLICABLE FEES 6 AUTHORIZED BY THIS ACT; OR 7 (7) THE EXTENT OR NATURE OF THE REQUEST PRECLUDES A 8 RESPONSE WITHIN THE REQUIRED TIME PERIOD. 9 (B) NOTICE.-- 10 (1) UPON A DETERMINATION THAT ONE OF THE FACTORS LISTED 11 IN SUBSECTION (A) APPLIES, THE OPEN-RECORDS OFFICER SHALL 12 SEND WRITTEN NOTICE TO THE REQUESTER WITHIN FIVE BUSINESS 13 DAYS OF RECEIPT OF THE REQUEST FOR ACCESS UNDER SUBSECTION 14 (A). 15 (2) THE NOTICE SHALL INCLUDE A STATEMENT NOTIFYING THE 16 REQUESTER THAT THE REQUEST FOR ACCESS IS BEING REVIEWED, THE 17 REASON FOR THE REVIEW AND A REASONABLE DATE THAT A RESPONSE 18 IS EXPECTED TO BE PROVIDED. IF THE DATE THAT A RESPONSE IS 19 EXPECTED TO BE PROVIDED IS IN EXCESS OF 30 DAYS, FOLLOWING 20 THE FIVE BUSINESS DAYS ALLOWED FOR IN SECTION 901, THE 21 REQUEST FOR ACCESS SHALL BE DEEMED DENIED UNLESS THE 22 REQUESTER HAS AGREED IN WRITING FOR AN EXTENSION TO THE DATE 23 SPECIFIED IN THE NOTICE. 24 (3) IF THE REQUESTER AGREES TO THE EXTENSION, THE 25 REQUEST SHALL BE DEEMED DENIED ON THE DAY FOLLOWING THE DATE 26 SPECIFIED IN THE NOTICE IF THE AGENCY HAS NOT PROVIDED A 27 RESPONSE BY THAT DATE. 28 SECTION 903. DENIAL. 29 IF AN AGENCY'S RESPONSE IS A DENIAL OF A WRITTEN REQUEST FOR 30 ACCESS, WHETHER IN WHOLE OR IN PART, A WRITTEN RESPONSE SHALL BE 20070S0001B1509 - 53 -
1 ISSUED AND INCLUDE: 2 (1) A DESCRIPTION OF THE RECORD REQUESTED. 3 (2) THE SPECIFIC REASONS FOR THE DENIAL, INCLUDING A 4 CITATION OF SUPPORTING LEGAL AUTHORITY. 5 (3) THE TYPED OR PRINTED NAME, TITLE, BUSINESS ADDRESS, 6 BUSINESS TELEPHONE NUMBER AND SIGNATURE OF THE AGENCY HEAD OR 7 OPEN-RECORDS OFFICER ON WHOSE AUTHORITY THE DENIAL IS ISSUED. 8 (4) DATE OF THE RESPONSE. 9 (5) THE PROCEDURE TO APPEAL THE DENIAL OF ACCESS UNDER 10 THIS ACT. 11 SECTION 904. CERTIFIED COPIES. 12 IF AN AGENCY'S RESPONSE GRANTS A REQUEST FOR ACCESS, THE 13 AGENCY SHALL, UPON REQUEST, PROVIDE THE REQUESTER WITH A 14 CERTIFIED COPY OF THE RECORD IF THE REQUESTER PAYS THE 15 APPLICABLE FEES PURSUANT TO SECTION 1307. 16 CHAPTER 11 17 APPEAL OF AGENCY DETERMINATION 18 SECTION 1101. FILING OF APPEAL. 19 (A) AUTHORIZATION.-- 20 (1) IF A WRITTEN REQUEST FOR ACCESS IS DENIED OR DEEMED 21 DENIED, THE REQUESTER MAY FILE AN APPEAL WITH THE 22 CLEARINGHOUSE OR OTHER APPROPRIATE APPEALS OFFICER WITHIN 15 23 BUSINESS DAYS OF THE MAILING DATE OF THE AGENCY'S RESPONSE OR 24 WITHIN 15 BUSINESS DAYS OF A DEEMED DENIAL. THE APPEAL SHALL 25 STATE THE GROUNDS UPON WHICH THE REQUESTER ASSERTS THAT THE 26 RECORD IS A PUBLIC RECORD, LEGISLATIVE RECORD OR FINANCIAL 27 RECORD AND SHALL ADDRESS ANY GROUNDS STATED BY THE AGENCY FOR 28 DELAYING OR DENYING THE REQUEST. 29 (2) IN THE CASE OF AN APPEAL OF A DECISION BY A 30 COMMONWEALTH AGENCY OR LOCAL AGENCY, THE CLEARINGHOUSE SHALL 20070S0001B1509 - 54 -
1 ASSIGN AN APPEALS OFFICER TO REVIEW THE DENIAL. 2 (B) DETERMINATION.-- 3 (1) UNLESS THE REQUESTER AGREES OTHERWISE, THE APPEALS 4 OFFICER SHALL MAKE A FINAL DETERMINATION WHICH SHALL BE 5 MAILED TO THE REQUESTER AND THE AGENCY WITHIN 30 DAYS OF 6 RECEIPT OF THE APPEAL FILED UNDER SUBSECTION (A). 7 (2) IF THE APPEALS OFFICER FAILS TO ISSUE A FINAL 8 DETERMINATION WITHIN 30 DAYS, THE APPEAL IS DEEMED DENIED. 9 (3) PRIOR TO ISSUING A FINAL DETERMINATION, A HEARING 10 MAY BE CONDUCTED. THE DETERMINATION BY THE APPEALS OFFICER 11 SHALL BE A FINAL ORDER. THE APPEALS OFFICER SHALL PROVIDE A 12 WRITTEN EXPLANATION OF THE REASON FOR THE DECISION TO THE 13 REQUESTER AND THE AGENCY. 14 (C) DIRECT INTEREST.-- 15 (1) A PERSON OTHER THAN THE AGENCY OR REQUESTER WITH A 16 DIRECT INTEREST IN THE RECORD SUBJECT TO AN APPEAL UNDER THIS 17 SECTION MAY, WITHIN 15 CALENDAR DAYS FOLLOWING RECEIPT OF 18 ACTUAL KNOWLEDGE OF THE APPEAL BUT NO LATER THAN THE DATE THE 19 APPEALS OFFICER ISSUES AN ORDER, FILE A WRITTEN REQUEST TO 20 PROVIDE INFORMATION OR APPEAR BEFORE THE APPEALS OFFICER OR 21 TO FILE INFORMATION IN SUPPORT OF THE REQUESTER'S OR AGENCY'S 22 POSITION. 23 (2) THE APPEALS OFFICER MAY GRANT THE REQUEST IF: 24 (I) NO HEARING HAS BEEN HELD; 25 (II) THE OFFICE HAS NOT YET ISSUED ITS ORDER; AND 26 (III) THE APPEALS OFFICER BELIEVES THE INFORMATION 27 WILL BE PROBATIVE. 28 (3) COPIES OF THE WRITTEN REQUEST SHALL BE SENT TO THE 29 AGENCY AND THE REQUESTER. 30 SECTION 1102. APPEALS OFFICERS. 20070S0001B1509 - 55 -
1 (A) SCOPE.--THIS SECTION APPLIES TO ALL AGENCIES. 2 (B) DUTIES.--THE APPEALS OFFICER SHALL DO ALL OF THE 3 FOLLOWING: 4 (1) SET A SCHEDULE FOR THE REQUESTER AND THE OPEN- 5 RECORDS OFFICER TO SUBMIT DOCUMENTS IN SUPPORT OF THEIR 6 POSITIONS. 7 (2) REVIEW ALL INFORMATION FILED RELATING TO THE 8 REQUEST. THE APPEALS OFFICER MAY HOLD A HEARING. A DECISION 9 TO HOLD OR NOT TO HOLD A HEARING IS NOT APPEALABLE. THE 10 APPEALS OFFICER MAY ADMIT INTO EVIDENCE TESTIMONY, EVIDENCE 11 AND DOCUMENTS THAT THE APPEALS OFFICER BELIEVES TO BE 12 REASONABLY PROBATIVE AND RELEVANT TO AN ISSUE IN DISPUTE. THE 13 APPEALS OFFICER MAY LIMIT THE NATURE AND EXTENT OF EVIDENCE 14 FOUND TO BE CUMULATIVE. 15 (3) CONSULT WITH AGENCY COUNSEL AS APPROPRIATE. 16 (4) ISSUE A FINAL DETERMINATION ON BEHALF OF THE AGENCY. 17 (C) PROCEDURES.--THE CLEARINGHOUSE, A JUDICIAL AGENCY OR A 18 LEGISLATIVE AGENCY MAY ADOPT PROCEDURES RELATING TO APPEALS 19 UNDER THIS CHAPTER. 20 (1) IF AN APPEAL IS RESOLVED WITHOUT A HEARING, 1 PA. 21 CODE PT. II (RELATING TO GENERAL RULES OF ADMINISTRATIVE 22 PRACTICE AND PROCEDURE) DOES NOT APPLY EXCEPT TO THE EXTENT 23 THAT THE CLEARINGHOUSE, LEGISLATIVE AGENCY OR JUDICIAL AGENCY 24 HAS ADOPTED THESE CHAPTERS IN ITS REGULATIONS OR RULES. 25 (2) IF A HEARING IS HELD, 1 PA. CODE PT. II SHALL APPLY 26 UNLESS THE CLEARINGHOUSE, THE JUDICIAL AGENCY OR THE 27 LEGISLATIVE AGENCY HAS ADOPTED REGULATIONS OR RULES TO THE 28 CONTRARY. 29 (3) IN THE ABSENCE OF A REGULATION OR RULE GOVERNING 30 APPEALS UNDER THIS CHAPTER, THE APPEALS OFFICER SHALL RULE ON 20070S0001B1509 - 56 -
1 PROCEDURAL MATTERS ON THE BASIS OF JUSTICE, FAIRNESS AND THE 2 EXPEDITIOUS RESOLUTION OF THE DISPUTE. 3 CHAPTER 13 4 JUDICIAL REVIEW 5 SECTION 1301. COMMONWEALTH AGENCIES, LEGISLATIVE AGENCIES AND 6 JUDICIAL AGENCIES. 7 (A) GENERAL RULE.--WITHIN 30 DAYS OF THE MAILING DATE OF THE 8 FINAL DETERMINATION OF THE APPEALS OFFICER RELATING TO A 9 DECISION OF A COMMONWEALTH AGENCY, A LEGISLATIVE AGENCY OR A 10 JUDICIAL AGENCY ISSUED UNDER SECTION 1103 OR THE DATE A REQUEST 11 FOR ACCESS IS DEEMED DENIED, A REQUESTER OR THE AGENCY MAY FILE 12 A PETITION FOR REVIEW OR OTHER DOCUMENT AS MIGHT BE REQUIRED BY 13 RULE OF COURT WITH THE COMMONWEALTH COURT. THE DECISION OF THE 14 COURT SHALL CONTAIN FINDINGS OF FACT AND CONCLUSIONS OF LAW 15 BASED UPON THE EVIDENCE AS A WHOLE. THE DECISION SHALL CLEARLY 16 AND CONCISELY EXPLAIN THE RATIONALE FOR THE DECISION. 17 (B) STAY.--A COMMONWEALTH AGENCY, LEGISLATIVE AGENCY OR 18 JUDICIAL AGENCY MAY REQUEST A STAY OF THE RELEASE OF RECORDS 19 FROM A COURT PENDING APPEAL. 20 SECTION 1302. LOCAL AGENCIES. 21 (A) GENERAL RULE.--WITHIN 30 DAYS OF THE MAILING DATE OF THE 22 FINAL DETERMINATION OF THE APPEALS OFFICER RELATING TO A 23 DECISION OF A LOCAL AGENCY ISSUED UNDER SECTION 1103 OR OF THE 24 DATE A REQUEST FOR ACCESS IS DEEMED DENIED, A REQUESTER OR LOCAL 25 AGENCY MAY FILE A PETITION FOR REVIEW OR OTHER DOCUMENT AS 26 REQUIRED BY RULE OF COURT WITH THE COURT OF COMMON PLEAS FOR THE 27 COUNTY WHERE THE LOCAL AGENCY IS LOCATED. THE DECISION OF THE 28 COURT SHALL CONTAIN FINDINGS OF FACT AND CONCLUSIONS OF LAW 29 BASED UPON THE EVIDENCE AS A WHOLE. THE DECISION SHALL CLEARLY 30 AND CONCISELY EXPLAIN THE RATIONALE FOR THE DECISION. 20070S0001B1509 - 57 -
1 (B) STAY.--A LOCAL AGENCY MAY REQUEST A STAY OF THE RELEASE 2 OF RECORDS FROM A COURT PENDING APPEAL. 3 SECTION 1303. NOTICE AND RECORDS. 4 (A) NOTICE.--AN AGENCY, THE REQUESTER AND THE APPEALS 5 OFFICER SHALL BE SERVED NOTICE OF ACTIONS COMMENCED IN 6 ACCORDANCE WITH SECTION 1301 OR 1302 AND SHALL HAVE AN 7 OPPORTUNITY TO RESPOND IN ACCORDANCE WITH APPLICABLE COURT 8 RULES. 9 (B) RECORD ON APPEAL.--THE RECORD BEFORE A COURT SHALL 10 CONSIST OF THE REQUEST, THE AGENCY'S RESPONSE, THE APPEAL FILED 11 UNDER SECTION 1101, THE HEARING TRANSCRIPT, IF ANY, AND THE 12 FINAL WRITTEN DETERMINATION OF THE APPEALS OFFICER. 13 SECTION 1304. COURT COSTS AND ATTORNEY FEES. 14 (A) REVERSAL OF AGENCY DETERMINATION.--IF A COURT REVERSES 15 THE FINAL DETERMINATION OF THE APPEALS OFFICER OR GRANTS ACCESS 16 AFTER A REQUEST FOR ACCESS WAS DEEMED DENIED, THE COURT MAY 17 AWARD REASONABLE ATTORNEY FEES AND COSTS OF LITIGATION OR AN 18 APPROPRIATE PORTION THEREOF TO A REQUESTER IF THE COURT FINDS 19 EITHER OF THE FOLLOWING: 20 (1) THE AGENCY RECEIVING THE ORIGINAL REQUEST WILLFULLY 21 OR WITH WANTON DISREGARD DEPRIVED THE REQUESTER OF ACCESS TO 22 A PUBLIC RECORD SUBJECT TO ACCESS UNDER THE PROVISIONS OF 23 THIS ACT; OR 24 (2) THE EXEMPTIONS, EXCLUSIONS OR DEFENSES ASSERTED BY 25 THE AGENCY IN ITS FINAL DETERMINATION WERE NOT BASED ON A 26 REASONABLE INTERPRETATION OF LAW. 27 (B) SANCTIONS FOR FRIVOLOUS REQUESTS OR APPEALS.--THE COURT 28 MAY AWARD REASONABLE ATTORNEY FEES AND COSTS OF LITIGATION OR AN 29 APPROPRIATE PORTION THEREOF TO AN AGENCY OR THE REQUESTER IF THE 30 COURT FINDS THAT THE LEGAL CHALLENGE UNDER THIS CHAPTER WAS 20070S0001B1509 - 58 -
1 FRIVOLOUS. 2 (C) OTHER SANCTIONS.--NOTHING IN THIS ACT SHALL PROHIBIT A 3 COURT FROM IMPOSING PENALTIES AND COSTS IN ACCORDANCE WITH 4 APPLICABLE RULES OF COURT. 5 SECTION 1305. PENALTIES. 6 (A) SUMMARY OFFENSE.--AN AGENCY OR PUBLIC OFFICIAL WHO 7 INTENTIONALLY OR KNOWINGLY VIOLATES THIS ACT COMMITS A SUMMARY 8 OFFENSE SUBJECT TO PROSECUTION BY THE ATTORNEY GENERAL OR THE 9 APPROPRIATE DISTRICT ATTORNEY AND SHALL, UPON CONVICTION FOR AN 10 INITIAL OFFENSE, BE SENTENCED TO PAY A FINE OF NOT MORE THAN 11 $1,000 PLUS COSTS OF PROSECUTION AND UPON CONVICTION FOR A 12 SUBSEQUENT OFFENSE, BE SENTENCED TO PAY A FINE OF NOT MORE THAN 13 $2,000 PLUS COST OF PROSECUTION. 14 (B) CIVIL PENALTY.-- 15 (1) A COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN 16 $1,000 IF AN AGENCY DENIED ACCESS TO A PUBLIC RECORD IN BAD 17 FAITH. 18 (2) AN AGENCY OR PUBLIC OFFICIAL WHO DOES NOT PROMPTLY 19 COMPLY WITH A COURT ORDER UNDER THIS ACT IS SUBJECT TO A 20 CIVIL PENALTY OF NOT MORE THAN $500 PER DAY UNTIL THE PUBLIC 21 RECORDS ARE PROVIDED. 22 SECTION 1306. IMMUNITY. 23 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SECTIONS 1304 AND 24 1305 AND OTHER STATUTES GOVERNING THE RELEASE OF RECORDS, NO 25 AGENCY, PUBLIC OFFICIAL OR PUBLIC EMPLOYEE SHALL BE LIABLE FOR 26 CIVIL OR CRIMINAL DAMAGES OR PENALTIES RESULTING FROM COMPLIANCE 27 OR FAILURE TO COMPLY WITH THIS ACT. 28 (B) SCHEDULES.--NO AGENCY, PUBLIC OFFICIAL OR PUBLIC 29 EMPLOYEE SHALL BE LIABLE FOR CIVIL OR CRIMINAL DAMAGES OR 30 PENALTIES UNDER THIS ACT FOR COMPLYING WITH ANY WRITTEN PUBLIC 20070S0001B1509 - 59 -
1 RECORD RETENTION AND DISPOSITION SCHEDULE. 2 SECTION 1307. FEE LIMITATIONS. 3 (A) POSTAGE.--FEES FOR POSTAGE MAY NOT EXCEED THE ACTUAL 4 COST OF MAILING. 5 (B) DUPLICATION.-- 6 (1) FEES FOR DUPLICATION BY PHOTOCOPYING, PRINTING FROM 7 ELECTRONIC MEDIA OR MICROFILM, COPYING ONTO ELECTRONIC MEDIA, 8 TRANSMISSION BY FACSIMILE OR OTHER ELECTRONIC MEANS AND OTHER 9 MEANS OF DUPLICATION SHALL BE ESTABLISHED: 10 (I) BY THE CLEARINGHOUSE, FOR COMMONWEALTH AGENCIES 11 AND LOCAL AGENCIES; 12 (II) BY EACH JUDICIAL AGENCY; AND 13 (III) BY EACH LEGISLATIVE AGENCY. 14 (2) THE FEES MUST BE REASONABLE AND BASED ON PREVAILING 15 FEES FOR COMPARABLE DUPLICATION SERVICES PROVIDED BY LOCAL 16 COPYING SERVICES. 17 (C) CERTIFICATION.--AN AGENCY MAY IMPOSE REASONABLE FEES FOR 18 OFFICIAL CERTIFICATION OF COPIES IF THE CERTIFICATION IS AT THE 19 BEHEST OF THE REQUESTER AND FOR THE PURPOSE OF LEGALLY VERIFYING 20 THE PUBLIC RECORD. 21 (D) CONVERSION TO PAPER.--IF A RECORD IS ONLY MAINTAINED 22 ELECTRONICALLY OR IN OTHER NONPAPER MEDIA, DUPLICATION FEES 23 SHALL BE LIMITED TO THE LESSER OF THE FEE FOR DUPLICATION ON 24 PAPER OR THE FEE FOR DUPLICATION IN THE ORIGINAL MEDIA AS 25 PROVIDED BY SUBSECTION (B) UNLESS THE REQUESTER SPECIFICALLY 26 REQUESTS FOR THE RECORD TO BE DUPLICATED IN THE MORE EXPENSIVE 27 MEDIUM. 28 (E) ENHANCED ELECTRONIC ACCESS.--IF AN AGENCY OFFERS 29 ENHANCED ELECTRONIC ACCESS TO RECORDS IN ADDITION TO MAKING THE 30 RECORDS ACCESSIBLE FOR INSPECTION AND DUPLICATION BY A REQUESTER 20070S0001B1509 - 60 -
1 AS REQUIRED BY THIS ACT, THE AGENCY MAY ESTABLISH USER FEES 2 SPECIFICALLY FOR THE PROVISION OF THE ENHANCED ELECTRONIC 3 ACCESS, BUT ONLY TO THE EXTENT THAT THE ENHANCED ELECTRONIC 4 ACCESS IS IN ADDITION TO MAKING THE RECORDS ACCESSIBLE FOR 5 INSPECTION AND DUPLICATION BY A REQUESTER AS REQUIRED BY THIS 6 ACT. THE USER FEES FOR ENHANCED ELECTRONIC ACCESS MAY BE A FLAT 7 RATE, A SUBSCRIPTION FEE FOR A PERIOD OF TIME, A PER-TRANSACTION 8 FEE, A FEE BASED ON THE CUMULATIVE TIME OF SYSTEM ACCESS OR ANY 9 OTHER REASONABLE METHOD AND ANY COMBINATION THEREOF. THE USER 10 FEES FOR ENHANCED ELECTRONIC ACCESS MUST BE REASONABLE, MUST BE 11 APPROVED BY THE CLEARINGHOUSE AND MAY NOT BE ESTABLISHED WITH 12 THE INTENT OR EFFECT OF EXCLUDING PERSONS FROM ACCESS TO RECORDS 13 OR DUPLICATES THEREOF OR OF CREATING PROFIT FOR THE AGENCY. 14 (F) WAIVER OF FEES.--AN AGENCY MAY WAIVE THE FEES FOR 15 DUPLICATION OF A RECORD, INCLUDING, BUT NOT LIMITED TO, WHEN: 16 (1) THE REQUESTER DUPLICATES THE RECORD; OR 17 (2) THE AGENCY DEEMS IT IS IN THE PUBLIC INTEREST TO DO 18 SO. 19 (G) LIMITATIONS.--EXCEPT AS OTHERWISE PROVIDED BY STATUTE, 20 NO OTHER FEES MAY BE IMPOSED UNLESS THE AGENCY NECESSARILY 21 INCURS COSTS FOR COMPLYING WITH THE REQUEST, AND SUCH FEES MUST 22 BE REASONABLE. NO FEE MAY BE IMPOSED FOR AN AGENCY'S REVIEW OF A 23 RECORD TO DETERMINE WHETHER THE RECORD IS A PUBLIC RECORD, 24 LEGISLATIVE RECORD OR FINANCIAL RECORD SUBJECT TO ACCESS IN 25 ACCORDANCE WITH THIS ACT. 26 (H) PREPAYMENT.--PRIOR TO GRANTING A REQUEST FOR ACCESS IN 27 ACCORDANCE WITH THIS ACT, AN AGENCY MAY REQUIRE A REQUESTER TO 28 PREPAY AN ESTIMATE OF THE FEES AUTHORIZED UNDER THIS SECTION IF 29 THE FEES REQUIRED TO FULFILL THE REQUEST ARE EXPECTED TO EXCEED 30 $100. 20070S0001B1509 - 61 -
1 SECTION 1308. PROHIBITION. 2 A POLICY, RULE OR REGULATION ADOPTED UNDER THIS ACT MAY NOT 3 INCLUDE ANY OF THE FOLLOWING: 4 (1) A LIMITATION ON THE NUMBER OF RECORDS WHICH MAY BE 5 REQUESTED OR MADE AVAILABLE FOR INSPECTION OR DUPLICATION. 6 (2) A REQUIREMENT TO DISCLOSE THE PURPOSE OR MOTIVE IN 7 REQUESTING ACCESS TO RECORDS. 8 SECTION 1309. PRACTICE AND PROCEDURE. 9 THE PROVISIONS OF 2 PA.C.S. (RELATING TO ADMINISTRATIVE LAW 10 AND PROCEDURE) SHALL NOT APPLY TO THIS ACT UNLESS SPECIFICALLY 11 ADOPTED BY RULE OR REGULATION. 12 SECTION 1310. CLEARINGHOUSE. 13 THE DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT SHALL 14 ESTABLISH AN OPEN RECORDS CLEARINGHOUSE WITHIN THE DEPARTMENT. 15 THE CLEARINGHOUSE SHALL DO ALL OF THE FOLLOWING: 16 (1) PROVIDE INFORMATION RELATING TO THE IMPLEMENTATION 17 AND ENFORCEMENT OF THIS ACT. 18 (2) ISSUE ADVISORY OPINIONS TO AGENCIES AND REQUESTERS. 19 (3) PROVIDE ANNUAL TRAINING COURSES TO AGENCIES. 20 (4) PROVIDE ANNUAL, REGIONAL TRAINING COURSES TO LOCAL 21 AGENCIES. 22 (5) REVIEW APPEALS OF DECISIONS BY COMMONWEALTH AGENCIES 23 OR LOCAL AGENCIES FILED UNDER SECTION 1101 AND ISSUE ORDERS 24 AND OPINIONS. THE CLEARINGHOUSE SHALL EMPLOY OR CONTRACT WITH 25 ATTORNEYS OR OTHER INDIVIDUALS TO SERVE AS APPEALS OFFICERS 26 TO REVIEW APPEALS AND, IF NECESSARY, TO HOLD HEARINGS ON A 27 REGIONAL BASIS UNDER THIS ACT. EACH APPEALS OFFICER MUST 28 COMPLY WITH ALL OF THE FOLLOWING: 29 (I) COMPLETE A TRAINING COURSE PROVIDED BY THE 30 CLEARINGHOUSE PRIOR TO ACTING AS AN APPEALS OFFICER. 20070S0001B1509 - 62 -
1 (II) IF A HEARING IS NECESSARY, HOLD HEARINGS 2 REGIONALLY AS NECESSARY TO ENSURE ACCESS TO THE REMEDIES 3 PROVIDED BY THIS ACT. 4 (III) COMPLY WITH THE PROCEDURES UNDER SECTION 5 1102(B). 6 (6) ESTABLISH AN INFORMAL MEDIATION PROGRAM TO RESOLVE 7 DISPUTES UNDER THIS ACT. 8 (7) ESTABLISH AN INTERNET WEBSITE WITH INFORMATION 9 RELATING TO THIS ACT, INCLUDING ADVISORY OPINIONS AND 10 DECISIONS AND THE NAME AND ADDRESS OF ALL OPEN RECORDS 11 OFFICERS IN THIS COMMONWEALTH. 12 (8) ANNUALLY REPORT ON ITS ACTIVITIES AND FINDINGS TO 13 THE GOVERNOR AND THE GENERAL ASSEMBLY. THE REPORT SHALL BE 14 POSTED AND MAINTAINED ON THE INTERNET WEBSITE ESTABLISHED 15 UNDER PARAGRAPH (7). 16 CHAPTER 15 17 STATE-RELATED INSTITUTIONS 18 SECTION 1501. DEFINITION. 19 AS USED IN THIS CHAPTER, "STATE-RELATED INSTITUTION" MEANS 20 ANY OF THE FOLLOWING: 21 (1) TEMPLE UNIVERSITY. 22 (2) THE UNIVERSITY OF PITTSBURGH. 23 (3) THE PENNSYLVANIA STATE UNIVERSITY. 24 (4) LINCOLN UNIVERSITY. 25 SECTION 1502. REPORTING. 26 NO LATER THAN MAY 30 OF EACH YEAR, A STATE-RELATED 27 INSTITUTION SHALL FILE WITH THE GOVERNOR'S OFFICE, THE GENERAL 28 ASSEMBLY, THE AUDITOR GENERAL AND THE STATE LIBRARY THE 29 INFORMATION SET FORTH IN SECTION 1503. 30 SECTION 1503. CONTENTS OF REPORT. 20070S0001B1509 - 63 -
1 THE REPORT REQUIRED UNDER SECTION 1502 SHALL INCLUDE THE 2 FOLLOWING: 3 (1) EXCEPT AS PROVIDED IN PARAGRAPH (4), ALL INFORMATION 4 REQUIRED BY FORM 990 OR AN EQUIVALENT FORM, OF THE UNITED 5 STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, 6 ENTITLED THE RETURN OF ORGANIZATION EXEMPT FROM INCOME TAX, 7 REGARDLESS OF WHETHER THE STATE-RELATED INSTITUTION IS 8 REQUIRED TO FILE THE FORM BY THE FEDERAL GOVERNMENT. 9 (2) THE SALARIES OF ALL OFFICERS AND DIRECTORS OF THE 10 STATE-RELATED INSTITUTION. 11 (3) THE HIGHEST 25 SALARIES PAID TO EMPLOYEES OF THE 12 INSTITUTION THAT ARE NOT INCLUDED UNDER PARAGRAPH (2). 13 (4) THE REPORT SHALL NOT INCLUDE INFORMATION RELATING TO 14 INDIVIDUAL DONORS. 15 SECTION 1504. COPIES AND POSTING. 16 A STATE-RELATED INSTITUTION SHALL MAINTAIN, FOR AT LEAST 17 SEVEN YEARS, A COPY OF THE REPORT IN THE INSTITUTION'S LIBRARY 18 AND SHALL PROVIDE FREE ACCESS TO THE REPORT ON THE INSTITUTION'S 19 INTERNET WEBSITE. 20 CHAPTER 17 21 STATE CONTRACT INFORMATION 22 SECTION 1701. SUBMISSION AND RETENTION OF CONTRACTS. 23 (A) GENERAL RULE.--WHENEVER ANY COMMONWEALTH AGENCY, 24 LEGISLATIVE AGENCY OR JUDICIAL AGENCY SHALL ENTER INTO ANY 25 CONTRACT INVOLVING ANY PROPERTY, REAL, PERSONAL OR MIXED OF ANY 26 KIND OR DESCRIPTION OR ANY CONTRACT FOR PERSONAL SERVICES WHERE 27 THE CONSIDERATION INVOLVED IN THE CONTRACT IS $5,000 OR MORE, A 28 COPY OF THE CONTRACT SHALL BE FURNISHED TO THE TREASURY 29 DEPARTMENT WITHIN TEN DAYS AFTER THE CONTRACT IS EXECUTED ON 30 BEHALF OF THE COMMONWEALTH AGENCY, LEGISLATIVE AGENCY OR 20070S0001B1509 - 64 -
1 JUDICIAL AGENCY OR OTHERWISE BECOMES AN OBLIGATION OF THE 2 COMMONWEALTH AGENCY, LEGISLATIVE AGENCY OR JUDICIAL AGENCY. 3 (1) EACH COMMONWEALTH AGENCY, LEGISLATIVE AGENCY AND 4 JUDICIAL AGENCY SHALL SUBMIT CONTRACTS IN A FORM AND 5 STRUCTURE MUTUALLY AGREED UPON BY THE COMMONWEALTH AGENCY, 6 LEGISLATIVE AGENCY OR JUDICIAL AGENCY AND THE STATE 7 TREASURER. 8 (2) THE TREASURY DEPARTMENT MAY REQUIRE EACH 9 COMMONWEALTH AGENCY, LEGISLATIVE AGENCY OR JUDICIAL AGENCY TO 10 PROVIDE A SUMMARY WITH EACH CONTRACT, WHICH SHALL INCLUDE THE 11 FOLLOWING: 12 (I) DATE OF EXECUTION. 13 (II) AMOUNT OF THE CONTRACT. 14 (III) LENGTH OF THE CONTRACT. 15 (IV) NAME OF THE AGENCY ENTERING INTO THE CONTRACT. 16 (V) ALL PARTIES INVOLVED IN THE CONTRACT. 17 (VI) SUBJECT MATTER OF THE CONTRACT. 18 (B) RETENTION.--EVERY CONTRACT FILED PURSUANT TO SUBSECTION 19 (A) SHALL REMAIN ON FILE WITH THE TREASURY DEPARTMENT FOR A 20 PERIOD OF NOT LESS THAN FOUR YEARS AFTER ALL DISBURSEMENTS HAVE 21 BEEN MADE ON THE CONTRACTS. 22 (C) ACCURACY.--EACH COMMONWEALTH AGENCY, LEGISLATIVE AGENCY 23 AND JUDICIAL AGENCY IS RESPONSIBLE FOR VERIFYING THE ACCURACY 24 AND COMPLETENESS OF THE INFORMATION THAT IT SUBMITS TO THE STATE 25 TREASURER. 26 SECTION 1702. PUBLIC AVAILABILITY OF CONTRACTS. 27 (A) GENERAL RULE.--THE TREASURY DEPARTMENT SHALL MAKE EACH 28 CONTRACT FILED PURSUANT TO SECTION 1701 AVAILABLE FOR PUBLIC 29 INSPECTION EITHER BY POSTING A COMPLETE COPY OF THE CONTRACT ON 30 THE TREASURY DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE 20070S0001B1509 - 65 -
1 OR BY POSTING A CONTRACT SUMMARY ON THE DEPARTMENT'S PUBLICLY 2 ACCESSIBLE INTERNET WEBSITE. 3 (B) POSTING.--THE TREASURY DEPARTMENT SHALL POST THE 4 INFORMATION RECEIVED PURSUANT TO THIS CHAPTER IN A WAY THAT 5 ALLOWS THE PUBLIC TO SEARCH CONTRACTS OR CONTRACT SUMMARIES BY 6 THE CATEGORIES ENUMERATED IN SECTION 1701(A)(2). 7 (C) REQUEST TO REVIEW OR RECEIVE COPY OF CONTRACT.--THE 8 TREASURY DEPARTMENT SHALL MAINTAIN A PAGE ON ITS PUBLICLY 9 ACCESSIBLE INTERNET WEBSITE WITH INSTRUCTIONS ON HOW TO REQUEST 10 TO REVIEW A CONTRACT AND HOW TO REQUEST A COPY OF A CONTRACT. 11 REQUESTS TO REVIEW OR RECEIVE A COPY OF A CONTRACT SHALL BE 12 ALLOWED BY LETTER, FACSIMILE OR E-MAIL. ADDITIONALLY, BOTH 13 REQUESTS SHALL BE HONORED WITHIN FIVE DAYS OF THE SUBMISSION OF 14 THE REQUEST AND IN THE CASE OF A REQUEST FOR A COPY OF A 15 CONTRACT IT SHALL BE PROVIDED TO THE INDIVIDUAL AT COST. THE 16 TREASURY DEPARTMENT MAY OFFER TO PROVIDE A COPY OF THE REQUESTED 17 CONTRACT ELECTRONICALLY TO THE REQUESTER AT NO COST. 18 SECTION 1703. COMMERCIAL USE OF DATA PROHIBITED. 19 IT SHALL BE UNLAWFUL FOR ANY PERSON TO USE THE CONTENTS OF 20 THE POSTING OF INFORMATION UNDER THIS CHAPTER FOR ANY COMMERCIAL 21 PURPOSE WHATSOEVER. 22 CHAPTER 31 23 MISCELLANEOUS PROVISIONS 24 SECTION 3101. APPLICABILITY. 25 THIS ACT APPLIES AS FOLLOWS: 26 (1) THIS ACT SHALL APPLY TO REQUESTS FILED AFTER THE 27 EFFECTIVE DATE OF THIS SECTION. 28 (2) CHAPTER 15 SHALL APPLY TO FISCAL YEARS BEGINNING 29 AFTER JUNE 30, 2008. 30 (3) SECTION 3102(1)(II)(B) SHALL APPLY TO BIDS SUBMITTED 20070S0001B1509 - 66 -
1 ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION. 2 SECTION 3102. REPEALS. 3 REPEALS ARE AS FOLLOWS: 4 (1) (I) GENERAL ASSEMBLY DECLARES THAT THE REPEALS 5 UNDER SUBPARAGRAPH (II) ARE NECESSARY TO EFFECTUATE THIS 6 ACT. 7 (II) THE FOLLOWING ACTS AND PARTS OF ACTS ARE 8 REPEALED: 9 (A) THE ACT OF JUNE 21, 1957 (P.L.390, NO.212), 10 REFERRED TO AS THE RIGHT-TO-KNOW LAW. 11 (B) 62 PA.C.S. § 106. 12 (2) (I) THE GENERAL ASSEMBLY DECLARES THAT THE REPEAL 13 UNDER SUBPARAGRAPH (II) IS NECESSARY TO EFFECTUATE 14 CHAPTER 17. 15 (II) SECTION 1104 OF THE ACT OF APRIL 9, 1929 16 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 17 1929, IS REPEALED. 18 SECTION 3103. EFFECTIVE DATE. 19 THIS ACT SHALL TAKE EFFECT IN 180 DAYS. C26L02VDL/20070S0001B1509 - 67 -