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        PRIOR PRINTER'S NO. 772                       PRINTER'S NO. 1509

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1 Session of 2007


        INTRODUCED BY PILEGGI, SCARNATI, MELLOW, ORIE, KASUNIC, MUSTO,
           RAFFERTY, O'PAKE, TOMLINSON, M. WHITE, ERICKSON, WAUGH,
           FOLMER, COSTA, EARLL, VANCE, BOSCOLA, CORMAN, WONDERLING,
           GORDNER, RHOADES, D. WHITE, PIPPY, MADIGAN, ARMSTRONG, BAKER,
           C. WILLIAMS, BRUBAKER, BROWNE, REGOLA 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                                                <--
    20070S0001B1509                  - 2 -     

     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.








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