THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ERICKSON, RAFFERTY, FONTANA, EICHELBERGER, ALLOWAY, BRUBAKER, COSTA, MENSCH, FERLO, McILHINNEY, WASHINGTON AND DINNIMAN, FEBRUARY 25, 2011

REFERRED TO STATE GOVERNMENT, FEBRUARY 25, 2011  

AN ACT

Amending the act of February 14, 2008 (P.L.6, No.3), entitled

"An act providing for access to public information, for a

designated open-records officer in each Commonwealth agency,

local agency, judicial agency and legislative agency, for

procedure, for appeal of agency determination, for judicial

review and for the Office of Open Records; imposing

penalties; providing for reporting by State-related

institutions; requiring the posting of certain State contract

information on the Internet; and making related repeals," 

further providing for definitions, for written requests and

for fee limitations.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 102 of the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law, is amended by

adding a definition to read:

Section 102.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

"Commercial purpose."  The use of a record:

(1)  for the purpose of selling or reselling any portion

of the record;

(2)  to obtain names and addresses from the record for

the purpose of solicitation; or

(3)  for any other purpose through which the requester

can reasonably expect to make a profit.

The term shall not include the use of a public record by an

educational or noncommercial scientific institution for

scholarly or scientific research; or the use of a public record

by the news media for dissemination in a newspaper, periodical

or radio or television news broadcast.

* * *

Section 2.  Section 703 of the act is amended to read:

Section 703.  Written requests.

(a)  Method of submission.--

(1)  A written request for access to records may be

submitted in person, by mail, by e-mail, by facsimile or, to

the extent provided by agency rules, by any other electronic

means. A written request must be addressed to the open-

records officer designated pursuant to section 502. Employees

of an agency shall be directed to forward requests for

records to the open-records officer. A written request should

identify or describe the records sought with sufficient

specificity to enable the agency to ascertain which records

are being requested and shall include the name and address to

which the agency should address its response. [A]

(2)  Except as otherwise provided under subsection (b), a 

written request need not include any explanation of the

requester's reason for requesting or intended use of the

records unless otherwise required by law.

(b)  Statement relating to commercial purpose.--

(1)  A written request for the duplication of a record

should include a statement indicating whether or not the

requester intends to use the record for a commercial purpose.

(2)  If a requester does not disclose his or her

intention to use the records for a commercial purpose, the

requester may not use the record for a commercial purpose.

(3)  An agency may deny a written request for access to a

record on the basis that the written request fails to include

the statement specified in paragraph (1).

(4)  If the written request includes the statement

specified in paragraph (1), it shall be presumed that the

statement is true and correct. The request and the

information contained in the request shall be subject to the

provisions of 18 Pa.C.S. § 4904 (relating to unsworn

falsification to authorities).

Section 3.  Section 1307 of the act is amended by adding a

subsection to read:

Section 1307.  Fee limitations.

* * *

(i)  Search and review fees.--In addition to fees charged

under subsection (b), additional reasonable standard fees for

the search and review of records may be assessed as follows when

records are requested for a commercial purpose:

(1)  Search and review fees may be assessed at a per-

quarter-hour rate determined by each agency to cover the

actual cost associated with time expended by agency employees

in fulfilling a request for records to be used for a

commercial purpose.

(2)  The search and review fee rate shall not exceed the

quarter-hour rate of pay of the agency employees fulfilling

the request plus 20%.

(3)  An agency may waive or reduce the search and review

fees if the agency deems the disclosure of the information is

in the public interest.

Section 4.  This act shall take effect in 60 days.