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

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

22Section 1. The definitions of "confidential proprietary 
23information," "independent agency," "local agency," "personal
24financial information" and "State-affiliated entity" in section
25102 of the act of February 14, 2008 (P.L.6, No.3), known as the
 

1Right-to-Know Law, are amended and the section is amended by 
2adding definitions to read:

3Section 102. Definitions.

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

7* * *

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

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

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

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

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

21* * *

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

24(1) which is privileged or confidential; and

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

28* * *

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

1statute or <-by executive authorization.

2* * *

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

7* * *

8"Local agency." Any of the following:

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

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

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

19* * *

20"Personal financial information." An individual's personal
21credit, charge or debit card information; bank account <-or other 
22financial institution account information; bank, credit or
23financial statements; account or PIN numbers; forms required to 
24be filed by a taxpayer with a Federal or Commonwealth taxing 
25authority; and other information relating to an individual's
26personal finances.

27* * *

28"State-affiliated entity." A Commonwealth authority or
29Commonwealth entity. The term includes the Pennsylvania Higher
30Education Assistance Agency and any entity established thereby,

1the Pennsylvania Gaming Control Board, the Pennsylvania Game
2Commission, the Pennsylvania Fish and Boat Commission, the
3Pennsylvania Housing Finance Agency, the Pennsylvania Municipal
4Retirement Board, the State System of Higher Education, a
5community college, the Pennsylvania Turnpike Commission, the
6Pennsylvania Public Utility Commission, the Pennsylvania
7Infrastructure Investment Authority, the State Public School
8Building Authority[, the Pennsylvania Interscholastic Athletic
9Association] and the Pennsylvania Higher Educational Facilities
10Authority. The term does not include a State-related
11institution.

12* * *

13"Time response log." A log created, received, maintained or 
14retained by a public-safety answering point (PSAP), as defined 
15in 35 Pa.C.S. § 5302 (relating to definitions), containing the 
16following information:

17(1) The time the call was received by the PSAP.

18(2) The time the PSAP contacted or dispatched the
19appropriate agency for response.

20(3) The time the appropriate agency responded.

21(4) The time the appropriate agency arrived on the
22scene.

23(5) The time the appropriate agency became available.

24(6) The address of the incident or the cross street or
25mile marker nearest the scene of the incident.

26* * *

27Section 2. The act is amended by adding a section to read:

28Section 307. Pennsylvania Interscholastic Athletic Association.

<-29This act shall apply to the Pennsylvania Interscholastic
30Athletic Association. <-For purposes of this act, the Pennsylvania

1Interscholastic Athletic Association is considered to be a
2Commonwealth agency and shall provide public records in
3accordance with this act.

4Section 3. Section 506 of the act is amended to read:

5Section 506. Requests.

6(a) Disruptive requests.--

7(1) An agency may deny a requester access to a record if
8the requester has made repeated requests for that same record
9and the repeated requests have placed an unreasonable burden
10on the agency.

11(2) A denial under this subsection shall not restrict
12the ability to request a different record.

<-13(3) If a request or a related group of requests would be
14unduly burdensome, the agency may petition a court of
15competent jurisdiction for a protective order. The court may
16issue a protective order upon a showing of good cause,
17including:

18(i) That the provision of the records requested be
19prohibited.

20(ii) That only certain records be released.

21(4) An agency may deny requests to a party to litigation
22which are related to pending litigation or which were
23previously made in litigation discovery.

24(b) Disaster or potential damage.--

25(1) An agency may deny a requester access:

26(i) when timely access is not possible due to fire,
27flood or other disaster; or

28(ii) to historical, ancient or rare documents,
29records, archives and manuscripts when access may, in the
30professional judgment of the curator or custodian of

1records, cause physical damage or irreparable harm to the
2record.

3(2) To the extent possible, the contents of a record
4under this subsection shall be made accessible to a requester
5even when the record is physically unavailable.

6(c) Agency discretion.--An agency may exercise its
7discretion to make any otherwise exempt record accessible for
8inspection and copying under this chapter, if all of the
9following apply:

10(1) Disclosure of the record is not prohibited or 
11restricted under any of the following:

12(i) Federal or State law or regulation.

13(ii) Judicial order or decree.

14(2) The record is not protected by a privilege.

15(3) The agency head determines that the public interest
16favoring access outweighs any individual, agency or public
17interest that may favor restriction of access.

18(d) Agency possession.--

19(1) [A public record that is not in the possession of an
20agency but is in the possession of a party with whom the
21agency has contracted to perform a governmental function on
22behalf of the agency, and which directly relates to the
23governmental function and is not exempt under this act, shall
24be considered a public record of the agency for purposes of
25this act.] An agency which is a party to a contract shall 
26provide a copy of the contract and any public records of the 
27agency relating to the contract.

28(2) Nothing in this act shall be construed to require
29access to any other record of the party in possession of the
30public record.

1(3) A request for a public record in possession of a
2party other than the agency shall be submitted to the open
3records officer of the agency. Upon a determination that the
4record is subject to access under this act, the open records
5officer shall assess the duplication fee established under
6section 1307(b) and upon collection shall remit the fee to
7the party in possession of the record if the party duplicated
8the record.

9Section 4. The act is amended by adding a section to read:

10Section 508. Inmate access.

11(a) Status.--Except as provided in subsection (b), an inmate
12may not be a requester for purposes of this act.

13(b) Records.--An agency shall provide an inmate with copies
14of the following records as they pertain <-directly to the inmate
15if the disclosure of the record will not diminish the safety or
16security of any person or correctional facility:

17(1) Criminal records relating to the criminal commitment
18of the inmate.

19(2) Institutional housing information.

20(3) The inmate's financial records.

21(4) The inmate's work records.

22(5) The inmate's educational records.

23(6) The inmate's disciplinary records.

24(7) Disciplinary<-, housing and other policies adopted by
25the correctional institution.

26(8) A record relating to any Federal or State benefit
27received by the inmate or for which the inmate is eligible.

28(9) The inmate's tax records.

29(10) The inmate's voting records.

30(11) Records relating to any license issued to the

1inmate by a Commonwealth or local agency.

2(c) Applicability.--Nothing under this section shall
3prohibit <-a correctional institution an agency from voluntarily
4permitting an inmate to have access to records not listed under
5subsection (b) or prevent <-a correctional institution an agency
6from complying with a lawful subpoena or court order.

7Section 5. Sections 701, 702, 703 and 707 of the act are
8amended to read:

9Section 701. Access.

10(a) General rule.--Unless otherwise provided by law, a
11public record, legislative record or financial record shall be
12accessible for inspection and duplication in accordance with
13this act. A record being provided to a requester shall be
14provided in the medium, computer file format or other format
15requested if it exists in that medium, computer file format or 
16other format; otherwise, it shall be provided in the medium in
17which it exists. Public records, legislative records or
18financial records shall be available for access during the
19regular business hours of an agency.

20(b) Construction.--Nothing in this act shall be construed to
21require access to any computer either of an agency or individual
22employee of an agency.

23Section 702. Requests.

24Agencies may fulfill verbal[, written or anonymous verbal] or
25written requests for access to records under this act. If the
26requester wishes to pursue the relief and remedies provided for
27in this act, the request for access to records must be a written
28request.

29Section 703. Written requests.

30A written request for access to records may be submitted in

1person, by mail, by e-mail, by facsimile or, to the extent
2provided by agency rules, by any other electronic means. A
3written request must be addressed to the open-records officer
4designated pursuant to section 502 or to the administrative 
5office of the agency. [Employees of an] The administrative 
6office of the agency shall [be directed to] promptly forward
7requests for records to the agency's open-records officer. A
8written request should identify or describe the records sought
9with sufficient specificity to enable the agency to ascertain
10which records are being requested and shall include the name and
11address to which the agency should address its response. [A]
12Except as required under section 707(d), a written request need
13not include any explanation of the requester's reason for
14requesting or intended use of the records unless otherwise
15required by law. A written request must include the name and 
16address of the requester and the name of the agency to which the 
17request is addressed.

18Section 707. Production of certain records.

19(a) General rule.--If, in response to a request, an agency
20produces a record that is not a public record, legislative
21record or financial record, the agency shall notify any third
22party that provided the record to the agency, the person that is
23the subject of the record and the requester.

24(b) Requests for trade secrets.--An agency shall notify a
25third party of a request for a record if the third party
26provided the record and included a written statement signed by a
27representative of the third party that the record contains a
28trade secret or confidential proprietary information.
29Notification shall be provided within five business days of
30receipt of the request for the record. The third party shall

1have five business days from receipt of notification from the
2agency to provide input on the release of the record. The agency
3shall deny the request for the record or release the record
4within ten business days of the provision of notice to the third
5party and shall notify the third party of the decision.

6(c) Transcripts.--

7(1) Prior to an adjudication becoming final, binding and
8nonappealable, a transcript of an administrative proceeding
9shall be provided to a requester by the agency stenographer
10or a court reporter, in accordance with agency procedure or
11an applicable contract.

12(2) Following an adjudication becoming final, binding
13and nonappealable, a transcript of an administrative
14proceeding shall be provided to a requester in accordance
15with the duplication rates established in section 1307(b).

16(3) Nothing in this subsection shall be construed to
17require an agency to transcribe a proceeding solely for
18purposes of responding to a request under this act.

19(d) Commercial requests.--An agency may require a requester
20to certify in writing whether the request is for a commercial
21purpose. Certification shall be submitted on a form developed by
22the Office of Open Records that shall provide a checkoff for the
23requester to use to indicate whether the request is for a
24commercial purpose. A requester that submits a false written
25statement shall be subject to 18 Pa.C.S. § 4904 (relating to
26unsworn falsification to authorities).

27Section 6. Section 708(b)(10)(i) and (ii), (13), (17) and 
28(18) and (c) of the act are amended and subsection (b) is
29amended by adding paragraphs to read:

30Section 708. Exceptions for public records.

1* * *

2(b) Exceptions.--Except as provided in subsections (c) and
3(d), the following are exempt from access by a requester under
4this act:

5* * *

6(5.1) The payment records of a person receiving services 
7from a public water or sewer authority or other municipal 
8authority, municipality or cooperative that provides 
9electricity, water, sewer, storm water, natural gas or 
10similar service. The authority, municipality or cooperative 
11shall establish a process to provide a clearance certificate 
12to a person to certify that all fees and charges owed have 
13been paid. A reasonable fee for a clearance certificate may 
14be charged. This paragraph shall not apply to reports of 
15aggregate payments made by a municipality, authority or 
16cooperative to assist low-income consumers or other consumers 
17in obtaining services. If funds are owed, the amount of the 
18delinquency shall appear on the clearance certificate.

19* * *

20(6.1) Tax payment records in the possession of a tax 
21collector <-or municipality responsible for the collection of 
22taxes. A tax collector <-or municipality shall establish a 
23process to provide a clearance certificate to a person 
24certifying that all local taxes owed have been paid. If funds 
25are owed, the amount of the delinquency shall appear on the 
26clearance certificate. A reasonable fee for a clearance 
27certificate may be charged. As used in this paragraph, the 
28term "tax collector" means an elected tax collector or an 
29employee or contractor of an agency that collects local taxes 
30pursuant to law.

1* * *

2(10) As follows:

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

4(A) The internal, predecisional deliberations of
5an agency, its members, employees or officials or
6predecisional deliberations between agency members,
7employees or officials and members, employees or
8officials of another agency, including predecisional
9deliberations relating to a budget recommendation,
10legislative proposal, legislative amendment,
11contemplated or proposed policy or course of action
12or any research, memos or other documents used in the
13predecisional deliberations.

14(B) The strategy to be used to develop or
15achieve the successful adoption of a budget,
16legislative proposal or regulation.

17(ii) Subparagraph (i)(A) shall apply to agencies
18subject to 65 Pa.C.S. Ch. 7 (relating to open meetings)
19in a manner consistent with 65 Pa.C.S. Ch. 7. A record
20which is not otherwise exempt from access under this act
21and which is presented to a quorum for deliberation in
22accordance with 65 Pa.C.S. Ch. 7 shall be a public record
23regardless of whether a vote occurs at the meeting.

24* * *

25(13) Records that would disclose the identity of, or 
<-26personal financial information relating to, an individual who
27lawfully makes a donation to an agency unless the donation is
28intended for or restricted to providing remuneration or
29personal tangible benefit to a named public official or
30employee of the agency, including lists of potential donors

1compiled by an agency to pursue donations, donor profile
2information or personal identifying information relating to a
3donor.

4* * *

5(17) [A] Except for a safety inspection report made 
6pursuant to Federal or State law, a record of an agency
7relating to a noncriminal investigation, including:

8(i) Complaints submitted to an agency.

9(ii) Investigative materials, notes, correspondence
10and reports.

11(iii) A record that includes the identity of a
12confidential source, including individuals subject to the
13act of December 12, 1986 (P.L.1559, No.169), known as the
14Whistleblower Law.

15(iv) A record that includes information made
16confidential by law.

17(v) Work papers underlying an audit.

18(vi) A record that, if disclosed, would do any of
19the following:

20(A) Reveal the institution, progress or result
21of an agency investigation, except the imposition of
22a fine or civil penalty, the suspension, modification
23or revocation of a license, permit, registration,
24certification or similar authorization issued by an
25agency or an executed settlement agreement unless the
26agreement is determined to be confidential by a
27court.

28(B) Deprive a person of the right to an
29impartial adjudication.

30(C) Constitute an unwarranted invasion of

1privacy.

2(D) Hinder an agency's ability to secure an
3administrative or civil sanction.

4(E) Endanger the life or physical safety of an
5individual.

6(18) Emergency dispatches as follows:

7(i) Records or parts of records, except time
8response logs, pertaining to audio recordings, telephone
9or radio transmissions received by emergency dispatch
10personnel, including 911 recordings.

11(ii) This paragraph shall not apply to a 911
12recording, or a transcript of a 911 recording, if the
13agency or a court determines that the public interest in
14disclosure outweighs the interest in nondisclosure.

15(iii) The home address of the individual who
16accesses emergency dispatch. The record may include the
17nearest cross streets to that address.

18* * *

19(31) An agency's bank account numbers, bank routing
20numbers, credit card numbers or passwords.

21(32) A record of any of the following:

22(i) A volunteer ambulance service.

23(ii) A volunteer fire company.

24(iii) A volunteer rescue company.

25(iv) A volunteer water rescue company.

26(v) A volunteer organization that provides hazardous
27materials response services.

28(vi) A volunteer organization that provides
29emergency medical services.

30Section 506(d)(1) shall apply to a volunteer organization

1under this paragraph that contracts with a local agency to
2provide services to the local agency.

3(c) Financial records.--The exceptions set forth in
4subsection (b) shall not apply to financial records, except that
5an agency may redact that portion of a financial record
6protected under subsection (b)(1), (2), (3), (4), (5), (6),
7(11), (13), (16) or (17). An agency shall not disclose the
8identity of an individual performing an undercover or covert law
9enforcement activity.

10* * *

11Section 7. Sections 901 and 1101 of the act are amended to
12read:

13Section 901. General rule.

14(a) Determination.---Upon receipt of a written request for
15access to a record, an agency shall make a good faith effort to
16determine if the record requested is a public record,
17legislative record or financial record and whether the agency
18has possession, custody or control of the identified record, and
19to respond as promptly as possible under the circumstances
20existing at the time of the request. All applicable fees shall
21be paid in order to receive access to the record requested.

22(b) Time for response.---The time for response shall not
23exceed:

24(1) In the case of a request made in person or submitted 
25by regular mail, e-mail, web form, facsimile or similar 
26means, five business days from the date the written request
27is received by the open-records officer for an agency. If the
28agency fails to send the response within five business days
29of receipt of the written request for access, the written
30request for access shall be deemed denied.

1(2) (Reserved).

2Section 1101. Filing of appeal.

3[(a) Authorization.--

4(1) If a written request for access to a record is]

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

6(1) (i) If a written request for access to a record is
7denied or deemed denied, the requester may file an appeal
8with the Office of Open Records or judicial, legislative
9or other appeals officer designated under section 503(d)
10within [15] 20 business days of the [mailing] postmark
11date of the agency's response or within [15] 20 business
12days of a deemed denial, whichever comes first.

13(ii) The appeal shall [state the grounds upon which
14the requester asserts that the record is a public record,
15legislative record or financial record and shall address
16any grounds stated by the agency for delaying or denying
17the request.] include the following:

18(A) A copy of the original request.

19(B) The agency denial.

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

21(iii) The office shall provide a form on its
22publicly accessible Internet website which may be used by
23the requester to file the appeal.

24(2) Except as provided in section 503(d), in the case of
25an appeal of a decision by a Commonwealth agency or local
26agency, the Office of Open Records shall assign an appeals
27officer to review the denial.

28(b) Determination.--

29(1) Unless the requester agrees otherwise, the appeals
30officer shall make a final determination which shall be

1mailed to the requester and the agency within 30 days of
2receipt of the appeal filed under subsection (a). The appeals 
3officer may extend this deadline by up to 15 days by 
4providing notice to both parties. If a hearing or in-camera 
5review is held under section 1102(a)(2), the appeals officer 
6may extend the deadline up to 90 additional days.

7(1.1) If the issue before the office is substantially
8the same as an issue currently on appeal to Commonwealth
9Court, the appeals officer may stay the appeal until
10Commonwealth Court issues a decision on the matter.

11(2) If the office or other appeals officer fails to
12issue a final determination within 30 days <-or as otherwise 
13provided under paragraph (1), the appeal is deemed denied.

14(3) Prior to issuing a final determination, a hearing
15may be conducted. The determination by the appeals officer
16shall be a final order. The appeals officer shall provide a
17written explanation of the reason for the decision to the
18requester and the agency.

19(c) Direct interest.--

20(1) A person other than the agency or requester with a
21direct interest in the record subject to an appeal under this
22section may, within 15 days following receipt of actual
23knowledge of the appeal but no later than the date the
24appeals officer issues an order, file a written request to
25provide information or to appear before the appeals officer
26or to file information in support of the requester's or
27agency's position.

28(2) The appeals officer may grant a request under
29paragraph (1) if:

30(i) no hearing has been held;

1(ii) the appeals officer has not yet issued its
2order; and

3(iii) the appeals officer believes the information
4will be probative.

5(3) Copies of the written request shall be sent to the
6agency and the requester.

7Section 8. Section 1102(a) of the act is amended and the
8section is amended by adding a subsection to read:

9Section 1102. Appeals officers.

10(a) Duties.--An appeals officer designated under section 503
11shall do all of the following:

12(1) Set a schedule for the requester and the open-
13records officer to submit documents in support of their
14positions.

15(2) Review all information filed relating to the
16request. The appeals officer may hold a hearing or conduct an 
17in-camera review under subsection (c), in which case the 
18appeals officer may extend the deadline in section 1101(b)(1) 
19by up to 90 days. A decision to hold or not to hold a hearing
20is not appealable. The appeals officer may admit into
21evidence testimony, evidence and documents that the appeals
22officer believes to be reasonably probative and relevant to
23an issue in dispute. The appeals officer may limit the nature
24and extent of evidence found to be cumulative.

25(3) Consult with agency counsel as appropriate.

26(4) Issue a final determination on behalf of the Office
27of Open Records or other agency.

28* * *

29(c) Review.--The Office of Open Records may require an
30agency to submit a record for the purpose of conducting an in-

1camera review to determine if the record is a public record.

2Section 9. Section 1301 heading and (a) of the act are
3amended to read:

4Section 1301. Commonwealth agencies, legislative agencies
5[and], judicial agencies and the Office of Open 
6Records.

7(a) General rule.--Within 30 days of the mailing date of the
8final determination of the appeals officer relating to a
9decision of a Commonwealth agency, a legislative agency [or], a
10judicial agency or the Office of Open Records issued under
11section 1101(b) or the date a request for access is deemed
12denied, a requester or the agency may file a petition for review
13or other document as might be required by rule of court with the
14Commonwealth Court. The court shall notify the Commonwealth 
15agency, legislative agency, judicial agency or Office of Open 
16Records of the appeal. The decision of the court shall contain
17findings of fact and conclusions of law based upon the evidence
18as a whole. The decision shall clearly and concisely explain the
19rationale for the decision.

20* * *

21Section 10. Section 1307(h) of the act is amended and the
22section is amended by adding a subsection to read:

23Section 1307. Fee limitations.

24* * *

25(g.1) Additional fees.--

26(1) Notwithstanding subsection (e), each agency may
27assess fees for responding to commercial requests under this
28act. In addition to fees under subsections (a) and (b),
29reasonable standard charges may be charged for document
30search, review and redaction for documents for commercial

1use.

2(2) Fees under paragraph (1) must be calculated at no
3more than the hourly wage of the lowest-paid public employee
4of the agency who is capable of searching, retrieving,
5reviewing and providing for redaction of the information
6necessary to comply with the request.

7(h) Prepayment.--Prior to granting a request for access in
8accordance with this act, an agency may require a requester to
9prepay an estimate of the fees authorized under this section if
10the fees required to fulfill the request are expected to exceed
11[$100] $50.

12Section 11. <-Section 1310 Sections 1310, 1502, 1503 and 1504
13of the act <-is are amended to read:

14Section 1310. Office of Open Records.

15(a) Establishment.--There is established [in the Department
16of Community and Economic Development an] the Office of Open
17Records, as an independent agency. The office shall do all of
18the following:

19(1) Provide information relating to the implementation
20and enforcement of this act.

21(2) Issue advisory opinions to agencies and requesters.

22(3) Provide annual training courses to agencies, public 
23officials and public employees on this act and 65 Pa.C.S. Ch. 
247 (relating to open meetings).

25(4) Provide annual, regional training courses to local
26agencies, public officials and public employees.

27(5) Assign appeals officers to review appeals of
28decisions by Commonwealth agencies or local agencies, except
29as provided in section 503(d), filed under section 1101 and
30issue orders and opinions. The office shall employ or

1contract with attorneys to serve as appeals officers to
2review appeals and, if necessary, to hold hearings on a
3regional basis under this act. Each appeals officer must
4comply with all of the following:

5(i) Complete a training course provided by the
6Office of Open Records prior to acting as an appeals
7officer.

8(ii) If a hearing is necessary, hold hearings
9regionally as necessary to ensure access to the remedies
10provided by this act.

11(iii) Comply with the procedures under section
121102(b).

13(6) Establish an informal mediation program to resolve
14disputes under this act.

15(7) Establish an Internet website with information
16relating to this act, including information on fees, advisory
17opinions and decisions and the name and address of all open
18records officers in this Commonwealth.

19(8) Conduct a biannual review of fees charged under this
20act.

21(9) Annually report on its activities and findings to
22the Governor and the General Assembly. The report shall be
23posted and maintained on the Internet website established
24under paragraph (7).

25(b) Executive director.--Within 90 days of the effective 
26date of this section, the Governor shall appoint an executive 
27director of the office who shall serve for a term of six years. 
28Compensation shall be set by the Executive Board established 
29under section 204 of the act of April 9, 1929 (P.L.177, No.175), 
30known as The Administrative Code of 1929. The executive director
 

1may serve no more than two terms.

2(c) Limitation.--The executive director shall not seek
3election nor accept appointment to any political office during
4his tenure as executive director and for one year thereafter.

5(d) Staffing.--The executive director shall appoint 
6attorneys to act as appeals officers and additional clerical, 
7technical and professional staff as may be appropriate and may 
8contract for additional services as necessary for the 
9performance of the executive director's duties. The compensation 
10of attorneys and other staff shall be set by the Executive 
11Board. The appointment of attorneys shall not be subject to the 
12act of October 15, 1980 (P.L.950, No.164), known as the 
13Commonwealth Attorneys Act.

<-14(e) Duties.--The executive director shall ensure that the

<-15(e) Duties.--

16(1) The executive director shall ensure that the duties 
17of the Office of Open Records are carried out and shall 
18monitor cases appealed to the Office of Open Records.

<-19(2) The Department of Community and Economic Development
20shall provide payroll and administrative support to the
21office.

22(e.1) Public comment.--The office shall abstain from public
23comment about a pending proceeding before the office. This
24subsection shall not prohibit <-the executive director employees
25of the office from making public statements in the course of
26official duties, from issuing written advisory opinions, from
27making general comments on this act that are not related to a
<-28specific pending case or from explaining the procedures of the
29office.

30(f) Appropriation.--The appropriation for the office shall

1be in a separate line item and shall be under the jurisdiction
2of the executive director.

3(g) Participation.--The office may participate as amicus
4curiae in an appeal from a decision of the office and may, upon
5approval of an appellate court, participate in oral argument.

<-6Section 1502. Reporting.

7No later than May 30 of each year, unless otherwise provided 
8under this chapter, a State-related institution shall file [with
9the Governor's Office, the General Assembly, the Auditor General
10and the State Library] the information set forth in section 1503
11under the requirements of section 1504.

12Section 1503. Contents of report.

13(a) Information included.--The report required under section
141502 shall include the following:

15(1) Except as provided in paragraph (4), all information
16required by Form 990 or an equivalent form of the United
17States Department of the Treasury, Internal Revenue Service,
18entitled the Return of Organization Exempt From Income Tax,
19regardless of whether the State-related institution is
20required to file the form by the Federal Government.

21(2) The salaries of all officers and directors of the
22State-related institution.

23(3) [The] For a State-related institution with fewer 
24than 2,500 employees, the highest 25 salaries paid to
25employees of the institution that are not included under
26paragraph (2). For a State-related institution with 2,500 
27employees or more, the highest 200 salaries paid to employees 
28of the institution that are not included under paragraph (2).

29(4) The report shall not include information relating to
30individual donors.

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

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

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

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

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

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

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

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

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

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

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

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

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

1(A) Medical benefits.

2(B) Life insurance benefits.

3(C) Pension benefits.

4(D) Leave benefits.

5(E) Employer Social Security payments.

6(F) Workers' compensation benefits.

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

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

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

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

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

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

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

1Universities."

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

6(d) Nonpreferred appropriations.--

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

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

14(A) The definition and number of:

15(I) Faculty members employed full time.

16(II) Faculty members employed part time.

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

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

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

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

25(B) The total number of:

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

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

1professional and doctoral.

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

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

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

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

18(I) Professor.

19(II) Associate professor.

20(III) Assistant professor.

21(IV) Instructor.

22(V) Lecturer.

23(VI) Research associate.

24(VII) Librarian and academic administrator.

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

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

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

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

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

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

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

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

30(VI) The total salary paid for instructional

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

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

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

13(B) In research.

14(C) In public service.

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

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

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

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

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

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

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

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

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

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

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

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

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

30Section 1505. Contracts.

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

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

11(1) Legal.

12(2) Instructional.

13(3) Management.

14(4) Accounting.

15(5) Architecture.

16(6) Public Relations.

17(7) Maintenance.

18Section <-12 13. This act shall take effect in 90 days.