PRINTER'S NO. 256
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
283
Session of
2019
INTRODUCED BY SIMMONS, NEILSON, IRVIN, BARRAR, LAWRENCE,
FREEMAN, KORTZ, RADER AND B. MILLER, JANUARY 30, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 30, 2019
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," in
preliminary provisions, further providing for definitions; in
procedure, further providing for written requests; and, in
judicial review, further providing 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:
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(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.
* * *
Section 2. Section 703 of the act is amended to read:
Section 703. Written requests.
(a) General rule.--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]
(b) Reason for request.--Except as provided in subsection
(c), 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.
(c) Commercial purpose.--A written request for the
duplication of a record shall include a statement indicating
whether or not the requester intends to use the record for a
commercial purpose.
Section 3. Section 1307 of the act is amended by adding a
subsection to read:
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Section 1307. Fee limitations.
* * *
(e.1) Records to be used for a commercial purpose.--
(1) In responding to a request for records that will be
used for a commercial purpose, an agency may charge a
requester additional standard fees for the search, review and
duplication of the records. The fees for records to be used
for a commercial purpose must be reasonable, must be approved
by the Office of Open Records and may not be established with
the intent or effect of excluding persons from access to
records or duplicates thereof or of creating profit for the
agency.
(2) Paragraph (1) shall not apply to:
(i) a request made for records that are subject to
the fees under subsection (b)(4);
(ii) a request by an individual employed by or
connected with a newspaper or magazine of general
circulation, weekly publication, press association or
radio or television station, for the purpose of obtaining
information for publication or broadcast; or
(iii) a request by a nonprofit organization for the
purpose of conducting educational research.
* * *
Section 4. This act shall take effect in 60 days.
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