PRINTER'S NO. 2619
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2259
Session of
2022
INTRODUCED BY WARNER, BERNSTINE, GROVE, KAUFFMAN, KERWIN,
M. MACKENZIE, MILLARD, B. MILLER, MOUL, ROSSI, RYAN AND
ZIMMERMAN, JANUARY 20, 2022
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 20, 2022
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 exceptions for public
records; and, in State-related institutions, further
providing for definition, for reporting, for contents of
report and for copies and posting.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "State-affiliated entity" and
"State-related institution" in section 102 of the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law,
are amended 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
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context clearly indicates otherwise:
* * *
"State-affiliated entity." A Commonwealth authority or
Commonwealth entity. The term includes the Pennsylvania Higher
Education Assistance Agency and any entity established thereby,
the Pennsylvania Gaming Control Board, the Pennsylvania Game
Commission, the Pennsylvania Fish and Boat Commission, the
Pennsylvania Housing Finance Agency, the Pennsylvania Municipal
Retirement Board, the State System of Higher Education, a State-
related institution and its affiliates, a community college, the
Pennsylvania Turnpike Commission, the Pennsylvania Public
Utility Commission, the Pennsylvania Infrastructure Investment
Authority, the State Public School Building Authority, the
Pennsylvania Interscholastic Athletic Association and the
Pennsylvania Higher Educational Facilities Authority. [The term
does not include a State-related institution.]
"State-related institution." Includes:
(1) Temple University, including its graduate schools,
law school, medical school and continental and international
branch campuses.
(2) The University of Pittsburgh, including its graduate
schools, medical school and branch campuses.
(3) The Pennsylvania State University, including its
graduate schools, law school, medical school and branch
campuses and the Pennsylvania College of Technology.
(4) Lincoln University, including its graduate schools
and branch campuses.
(5) Any associated hospital, medical center, institute,
facility, subsidiary or subordinate unit of any of the
institutions enumerated in paragraphs (1), (2), (3) and (4).
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* * *
Section 2. Sections 708(b)(11), (13), (14) and (15), 1501,
1502, 1503 and 1504 of the act are amended to read:
Section 708. Exceptions for public records.
* * *
(b) Exceptions.--Except as provided in subsections (c) and
(d), the following are exempt from access by a requester under
this act:
* * *
(11) A record that constitutes or reveals a trade secret
or confidential proprietary information, including research
and development information of a State-related institution or
its affiliates.
* * *
(13) Records that would disclose the identity of an
individual who lawfully makes a donation to an agency or a
State-related institution and its affiliates unless the
donation is intended for or restricted to providing
remuneration or personal tangible benefit to a named public
official [or], employee of the agency or an officer, director
or employee of a State-related institution and its
affiliates, including lists of potential donors compiled by
an agency to pursue donations, donor profile information or
personal identifying information relating to a donor.
(14) Unpublished lecture notes, unpublished manuscripts,
unpublished articles, creative works in progress, research-
related material and scholarly correspondence of a community
college or an institution of the State System of Higher
Education, a State-related institution and its affiliates or
a faculty member, staff employee, guest speaker or student
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thereof.
(15) (i) Academic transcripts.
(ii) Examinations, examination questions, scoring
keys or answers to examinations. This subparagraph shall
include licensing and other examinations relating to the
qualifications of an individual and to examinations given
in primary and secondary schools and institutions of
higher education, including State-related institutions
and their affiliates.
* * *
Section 1501. Definition.
As used in this chapter, "State-related institution" means
any of the following:
(1) Temple University, including its graduate schools,
law school, medical school and continental and international
branch campuses.
(2) The University of Pittsburgh, including its graduate
schools, medical school and branch campuses.
(3) The Pennsylvania State University, including its
graduate schools, law school, medical school and branch
campuses and the Pennsylvania College of Technology.
(4) Lincoln University, including its graduate schools
and branch campuses.
(5) Any associated hospital, medical center, institute,
facility, subsidiary or subordinate unit of any of the
institutions enumerated in paragraphs (1), (2), (3) and (4).
Section 1502. Reporting.
No later than May 30 of each year, a State-related
institution and its affiliates shall file with the Governor's
Office, the General Assembly, the Auditor General and the State
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Library the information set forth in section 1503.
Section 1503. Contents of report.
The report required under section 1502 shall include the
following:
(1) Except as provided in paragraph (4), all information
required by Form 990 or an equivalent form of the United
States Department of the Treasury, Internal Revenue Service,
entitled the Return of Organization Exempt From Income Tax,
regardless of whether the State-related institution, and any
of its affiliates, is required to file the form by the
Federal Government.
(2) The salaries of all officers and directors of the
State-related institution and its affiliates.
(3) The highest 25 salaries paid to employees of the
institution and its affiliates that are not included under
paragraph (2).
(4) The report shall not include information relating to
individual donors.
Section 1504. Copies and posting.
A State-related institution and its affiliates shall
maintain, for at least seven years, a copy of the report in the
institution's or affiliate's library and shall provide free
access to the report on the institution's or affiliate's
Internet website.
Section 3. This act shall take effect immediately.
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