Regular Session 2021-2022 House Bill 2814 P.N. 3453

PRINTER'S NO. 3453

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2814

Session of

2022

INTRODUCED BY SCHMITT, RYAN, JAMES, ECKER, MIZGORSKI, MOUL,

HENNESSEY AND GROVE, SEPTEMBER 13, 2022

REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 13, 2022

AN ACT

Amending Titles 2 (Administrative Law and Procedure), 3

(Agriculture), 4 (Amusements), 5 (Athletics and Sports), 8

(Boroughs and Incorporated Towns), 11 (Cities), 13

(Commercial Code), 15 (Corporations and Unincorporated

Associations), 18 (Crimes and Offenses), 20 (Decedents,

Estates and Fiduciaries), 23 (Domestic Relations), 24

(Education), 25 (Elections), 26 (Eminent Domain), 27

(Environmental Resources), 30 (Fish), 34 (Game), 35 (Health

and Safety), 37 (Historical and Museums), 40 (Insurance), 42

(Judiciary and Judicial Procedure), 45 (Legal Notices), 51

(Military Affairs), 53 (Municipalities Generally), 58 (Oil

and Gas), 62 (Procurement), 64 (Public Authorities and Quasi-

Public Corporations), 65 (Public Officers), 66 (Public

Utilities), 68 (Real and Personal Property), 71 (State

Government), 74 (Transportation) and 75 (Vehicles) of the

Pennsylvania Consolidated Statutes, providing for right-to-

know; making related repeals; and making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 2 of the Pennsylvania Consolidated Statutes

is amended by adding part headings immediately preceding Chapter

1 to read:

PART I

PRELIMINARY PROVISIONS

(Reserved)

PART II

PRACTICE

Section 2. The heading of Chapter 1 of Title 2 is renumbered

to read:

CHAPTER [1] 3

GENERAL PROVISIONS

Section 3. Sections 101, 102 and 103 of Title 2 are

renumbered and amended to read:

§ [101] 301. Definitions.

Subject to additional definitions contained in subsequent

provisions of this [title] part which are applicable to specific

provisions of this [title] part, the following words and phrases

when used in this [title] part shall have, unless the context

clearly indicates otherwise, the meanings given to them in this

section:

"Adjudication." Any final order, decree, decision,

determination or ruling by an agency affecting personal or

property rights, privileges, immunities, duties, liabilities or

obligations of any or all of the parties to the proceeding in

which the adjudication is made. The term does not include any

order based upon a proceeding before a court or which involves

the seizure or forfeiture of property, paroles, pardons or

releases from mental institutions.

"Administrative proceeding." Any proceeding other than a

judicial proceeding, the outcome of which is required to be

based on a record or documentation prescribed by law or in which

law or regulation is particularized in application to

individuals. The term includes an appeal.

"Agency." A government agency.

"Appeal." Includes proceedings on petition for review.

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"Certified interpreter." A person who:

(1) is readily able to interpret; and

(2) either:

(i) is certified by the Department of Labor and

Industry in accordance with Subchapter C of Chapter 5

(relating to administrative proceeding interpreters for

persons with limited English proficiency); or

(ii) is certified by the Department of Labor and

Industry in accordance with Subchapter D of Chapter 5

(relating to administrative proceeding interpreters for

persons who are deaf) or is registered with the

department pursuant to the act of July 2, 2004 (P.L.492,

No.57), known as the Sign Language Interpreter and

Transliterator State Registration Act.

"Commonwealth agency." Any executive agency or independent

agency.

"Commonwealth government." The government of the

Commonwealth, including the courts and other officers or

agencies of the unified judicial system, the General Assembly,

and its officers and agencies, the Governor, and the

departments, boards, commissions, authorities and officers and

agencies of the Commonwealth, but the term does not include any

political subdivision, municipal or other local authority, or

any officer or agency of any such political subdivision or local

authority.

"Court Administrator of Pennsylvania." The court

administrator appointed by the Supreme Court under section 10(b)

of Article V of the Constitution of Pennsylvania and 42 Pa.C.S.

§ 1901 (relating to Court Administrator of Pennsylvania).

"Deaf." An impairment of hearing or speech which creates an

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inability to understand or communicate the spoken English

language.

"Department." The Department of Labor and Industry of the

Commonwealth.

"Executive agency." The Governor and the departments,

boards, commissions, authorities and other officers and agencies

of the Commonwealth government, but the term does not include

any court or other officer or agency of the unified judicial

system, the General Assembly and its officers and agencies, or

any independent agency.

"General rule." As defined in 42 Pa.C.S. § 102 (relating to

definitions).

"Government agency." Any Commonwealth agency or any

political subdivision or municipal or other local authority, or

any officer or agency of any such political subdivision or local

authority.

"Government unit." The General Assembly and its officers and

agencies, any government agency or any court or other officer or

agency of the unified judicial system.

"Independent agency." Boards, commissions, authorities and

other agencies and officers of the Commonwealth government which

are not subject to the policy supervision and control of the

Governor, but the term does not include any court or other

officer or agency of the unified judicial system or the General

Assembly and its officers and agencies.

"Interpret." Either one of the following:

(1) For purposes of Subchapter C of Chapter 5 (relating

to administrative proceeding interpreters for persons with

limited English proficiency), to convey spoken and written

English into the language of the person with limited English

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proficiency and to convey oral and written statements by the

person into spoken English.

(2) For purposes of Subchapter D of Chapter 5 (relating

to administrative proceeding interpreters for persons who are

deaf), to convey spoken English in a manner understood by the

person who is deaf and to convey statements made by the

person who is deaf into English through, but not limited to,

American Sign Language and transliteration or the use of

computer-aided real-time captioning (CART) or similar

procedure.

"Interpreter." Includes both a certified interpreter and an

otherwise qualified interpreter.

"Judicial proceeding." An "action," "appeal" or "proceeding"

in any "court" of this Commonwealth as those terms are defined

in 42 Pa.C.S. § 102 (relating to definitions).

"Limited ability to speak or understand English." The

ability to speak exclusively or primarily a language other than

English and the inability to sufficiently speak or understand

English.

"Local agency." A government agency other than a

Commonwealth agency.

"Matter." Action, proceeding or appeal.

"Otherwise qualified interpreter." A person who:

(1) For purposes of Subchapter C of Chapter 5 (relating

to administrative proceeding interpreters for persons with

limited English proficiency):

(i) is readily able to interpret; and

(ii) has read, understands and agrees to abide by

the code of professional conduct for administrative

proceeding interpreters for persons with limited English

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proficiency as established by the Department of Labor and

Industry in accordance with Subchapter C of Chapter 5.

(2) For purposes of Subchapter D of Chapter 5 (relating

to administrative proceeding interpreters for persons who are

deaf):

(i) is readily able to interpret;

(ii) is certified by the National Association of the

Deaf, the Registry of Interpreters for the Deaf or

similar registry; and

(iii) has read, understands and agrees to abide by

the code of professional conduct for administrative

proceeding interpreters for persons who are deaf as

established by the Department of Labor and Industry in

accordance with Subchapter D of Chapter 5.

"Party." Any person who appears in a proceeding before an

agency who has a direct interest in the subject matter of such

proceeding.

"Person." Includes a government unit or an agency of the

Federal Government.

"Person who is deaf." A party or witness who is deaf.

"Person with limited English proficiency." A party or a

witness who has limited ability to speak or understand English.

"Presiding officer." An individual appointed by an agency to

preside at an administrative proceeding.

"Transliteration." To convey spoken or written English in an

English-based sign system and the process of conveying an

English-based sign system in spoken or written English.

"Witness." A person who testifies in a proceeding before an

agency.

§ [102] 302. Implementing regulations.

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(a) General rule.--An agency shall have power to promulgate,

amend and repeal reasonable regulations implementing the

provisions of this [title] part.

(b) Uniform rules.--(Reserved).

§ [103] 303. Administrative Agency Law.

(a) General rule.--The provisions of Subchapter A of Chapter

5 (relating to practice and procedure of Commonwealth agencies)

and Subchapter A of Chapter 7 (relating to judicial review of

Commonwealth agency action) shall be known and may be cited as

the "Administrative Agency Law."

(b) Rule making references.--Whenever any statute makes

reference to the Administrative Agency Law for procedures

relating to the promulgation of administrative regulations, such

reference shall hereafter be deemed to be a reference to the act

of July 31, 1968 (P.L.769, No.240), known as the ["Commonwealth

Documents Law."] Commonwealth Documents Law.

Section 4. Sections 104 and 105 of Title 2 are renumbered to

read:

§ [104] 304. Commonwealth Documents Law (Reserved).

§ [105] 305. Local Agency Law.

The provisions of Subchapter B of Chapter 5 (relating to

practice and procedure of local agencies) and Subchapter B of

Chapter 7 (relating to judicial review of local agency action)

shall be known and may be cited as the "Local Agency Law."

Section 5. Section 106 of Title 2 is renumbered and amended

to read:

§ [106] 306. Effect of future legislation.

No subsequent statute shall be held to supersede or modify

the provisions of this [title] part except to the extent that

such statute shall do so expressly.

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Section 6. Chapter 3 heading of Title 2 is repealed:

[CHAPTER 3

PROMULGATION OF REGULATIONS

(Reserved)]

Section 7. Title 2 is amended by adding parts to read:

PART III

REGULATIONS

(Reserved)

PART IV

RIGHT-TO-KNOW

Chapter

21. Preliminary Provisions

23. Requirements and Prohibitions

25. Access

27. Procedure

29. Agency Response

31. Appeal of Agency Determination

33. Judicial Review

35. State-Related Institutions

37. State Contract Information

39. Miscellaneous Provisions

CHAPTER 21

PRELIMINARY PROVISIONS

Sec.

2101. Scope of part.

2102. Definitions.

§ 2101. Scope of part.

This part relates to right-to-know access to public records.

§ 2102. Definitions.

The following words and phrases when used in this part shall

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have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Administrative proceeding." A proceeding by an agency the

outcome of which is required to be based on a record or

documentation prescribed by law or in which a statute or

regulation is particularized in application to individuals. The

term includes an appeal.

"Agency." A Commonwealth agency, a local agency, a judicial

agency or a legislative agency.

"Aggregated data." A tabulation of data which relate to

broad classes, groups or categories so that it is not possible

to distinguish the properties of individuals within the classes,

groups or categories.

"Appeals officer." As follows:

(1) For a Commonwealth agency or a local agency, the

appeals officer designated under section 2503(a) (relating to

appeals officer).

(2) For a judicial agency, the individual designated

under section 2503(b).

(3) For a legislative agency, the individual designated

under section 2503(c).

(4) For the Attorney General, State Treasurer, Auditor

General and local agencies in possession of criminal

investigative records, the individual designated under

section 2503(d).

"Commonwealth agency." Any of the following:

(1) An office, department, authority, board, multistate

agency or commission of the executive branch, an independent

agency and a State-affiliated entity. The term includes:

(i) The Governor's Office.

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(ii) The Office of Attorney General, the Department

of the Auditor General and the Treasury Department.

(iii) An organization established by the

Constitution of Pennsylvania, a statute or an executive

order which performs or is intended to perform an

essential governmental function.

(2) The term does not include a judicial or legislative

agency.

"Confidential proprietary information." Commercial or

financial information received by an agency:

(1) which is privileged or confidential; and

(2) the disclosure of which would cause substantial harm

to the competitive position of the person that submitted the

information.

"Financial record." Any of the following:

(1) An account, voucher or contract dealing with:

(i) the receipt or disbursement of funds by an

agency; or

(ii) an agency's acquisition, use or disposal of

services, supplies, materials, equipment or property.

(2) The salary or other payments or expenses paid to an

officer or employee of an agency, including the name and

title of the officer or employee.

(3) A financial audit report. The term does not include

work papers underlying an audit.

"Homeland security." A governmental action designed to

prevent, detect, respond to and recover from terrorist acts,

major disasters and other emergencies, whether natural or

manmade. The term includes activities relating to the following:

(1) emergency preparedness and response, including

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preparedness and response activities by volunteer medical,

police, emergency management, hazardous materials and fire

personnel;

(2) intelligence activities;

(3) critical infrastructure protection;

(4) border security;

(5) ground, aviation and maritime transportation

security;

(6) biodefense;

(7) detection of nuclear and radiological materials; and

(8) research on next-generation security technologies.

"Independent agency." A board, commission or other agency or

officer of the Commonwealth, that is not subject to the policy

supervision and control of the Governor. The term does not

include a legislative agency or judicial agency.

"Judicial agency." A court of the Commonwealth or any other

entity or office of the unified judicial system.

"Legislative agency." Any of the following:

(1) The Senate.

(2) The House of Representatives.

(3) The Capitol Preservation Committee.

(4) The Center for Rural Pennsylvania.

(5) The Joint Legislative Air and Water Pollution

Control and Conservation Committee.

(6) The Joint State Government Commission.

(7) The Legislative Budget and Finance Committee.

(8) The Legislative Data Processing Committee.

(9) The Independent Regulatory Review Commission.

(10) The Legislative Reference Bureau.

(11) The Local Government Commission.

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(12) The Pennsylvania Commission on Sentencing.

(13) The Legislative Reapportionment Commission.

(14) (Reserved).

(15) The Legislative Audit Advisory Commission.

"Legislative record." Any of the following relating to a

legislative agency or a standing committee, subcommittee or

conference committee of a legislative agency:

(1) A financial record.

(2) A bill or resolution that has been introduced and an

amendment offered to a bill or resolution, including a

resolution to adopt or amend the rules of a chamber.

(3) A fiscal note.

(4) A cosponsorship memorandum.

(5) The journal of a chamber.

(6) Any of the following:

(i) The minutes of a public hearing or a public

committee meeting.

(ii) The record of attendance of members at a public

hearing or a public committee meeting.

(iii) A record of a vote taken in a public committee

meeting.

(7) The transcript of a public hearing when available.

(8) An executive nomination calendar.

(9) The rules of a chamber.

(10) A record of a recorded vote taken in a legislative

session.

(11) An administrative staff manual or written policy.

(12) An audit report prepared under the act of June 30,

1970 (P.L.442, No.151) entitled, "An act implementing the

provisions of Article VIII, section 10 of the Constitution of

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Pennsylvania, by designating the Commonwealth officers who

shall be charged with the function of auditing the financial

transactions after the occurrence thereof of the Legislative

and Judicial branches of the government of the Commonwealth,

establishing a Legislative Audit Advisory Commission, and

imposing certain powers and duties on such commission."

(13) A final or annual report required by law to be

submitted to the General Assembly.

(14) A Legislative Budget and Finance Committee report.

(15) A daily legislative session calendar and a marked

calendar.

(16) A record communicating to an agency the official

appointment of a legislative appointee.

(17) A record communicating to the appointing authority

the resignation of a legislative appointee.

(18) A proposed regulation, final-form regulation and

final-omitted regulation submitted to a legislative agency.

(19) The result of a public opinion survey, poll, focus

group, marketing research or similar effort designed to

measure public opinion funded by a legislative agency.

"Local agency." Any of the following:

(1) A political subdivision, intermediate unit, charter

school, cyber charter school or public trade or vocational

school.

(2) A local, intergovernmental, regional or municipal

agency, authority, council, board, commission or similar

governmental entity.

"Office of Open Records." The Office of Open Records

established under section 3310 (relating to Office of Open

Records).

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"Personal financial information." An individual's personal

credit, charge or debit card information; bank account

information; bank, credit or financial statements; account or

PIN numbers and other information relating to an individual's

personal finances.

"Privilege." The attorney-work product doctrine, the

attorney-client privilege, the doctor-patient privilege, the

speech and debate privilege or other privilege recognized by a

court interpreting the laws of this Commonwealth.

"Public record." A record, including a financial record, of

a Commonwealth agency or local agency that:

(1) is not exempt under section 2708 (relating to

exceptions for public records);

(2) is not exempt from being disclosed under any other

Federal or State law or regulation or judicial order or

decree; or

(3) is not protected by a privilege.

"Record." Information, regardless of physical form or

characteristics, that documents a transaction or activity of an

agency and that is created, received or retained pursuant to law

or in connection with a transaction, business or activity of the

agency. The term includes a document, paper, letter, map, book,

tape, photograph, film or sound recording, information stored or

maintained electronically and a data-processed or image-

processed document.

"Requester." A person that is a legal resident of the United

States and requests a record under this part. The term includes

an agency.

"Response." Access to a record or an agency's written notice

to a requester granting, denying or partially granting and

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partially denying access to a record.

"Social services." Cash assistance and other welfare

benefits, medical, mental and other health care services, drug

and alcohol treatment, adoption services, vocational services

and training, occupational training, education services,

counseling services, workers' compensation services and

unemployment compensation services, foster care services,

services for the elderly, services for individuals with

disabilities and services for victims of crimes and domestic

violence.

"State-affiliated entity." As follows:

(1) A Commonwealth authority or Commonwealth entity.

(2) The term includes the Pennsylvania Higher Education

Assistance Agency and any entity established by the

Pennsylvania Higher Education Assistance Agency, 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 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.

(3) The term does not include a State-related

institution.

"State-related institution." Any of the following:

(1) Temple University.

(2) The University of Pittsburgh.

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(3) The Pennsylvania State University.

(4) Lincoln University.

"Terrorist act." A violent or life-threatening act that

violates the criminal laws of the United States or any state and

appears to be intended to:

(1) intimidate or coerce a civilian population;

(2) influence the policy of a government; or

(3) affect the conduct of a government by mass

destruction, assassination or kidnapping.

"Trade secret." As follows:

(1) Information, including a formula, drawing, pattern,

compilation, including a customer list, program, device,

method, technique or process that:

(i) derives independent economic value, actual or

potential, from not being generally known to and not

being readily ascertainable by proper means by other

persons who can obtain economic value from the

information's disclosure or use; and

(ii) is the subject of efforts that are reasonable

under the circumstances to maintain the information's

secrecy.

(2) The term includes data processing software obtained

by an agency under a licensing agreement prohibiting

disclosure.

CHAPTER 23

REQUIREMENTS AND PROHIBITIONS

Sec.

2301. Commonwealth agencies.

2302. Local agencies.

2303. Legislative agencies.

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2304. Judicial agencies.

2305. Presumption.

2306. Nature of document.

§ 2301. Commonwealth agencies.

(a) Requirement.--A Commonwealth agency shall provide public

records in accordance with this part.

(b) Prohibition.--A Commonwealth agency may not deny a

requester access to a public record due to the intended use of

the public record by the requester unless otherwise provided by

law.

§ 2302. Local agencies.

(a) Requirement.--A local agency shall provide public

records in accordance with this part.

(b) Prohibition.--A local agency may not deny a requester

access to a public record due to the intended use of the public

record by the requester unless otherwise provided by law.

§ 2303. Legislative agencies.

(a) Requirement.--A legislative agency shall provide

legislative records in accordance with this part.

(b) Prohibition.--A legislative agency may not deny a

requester access to a legislative record due to the intended use

of the legislative record by the requester.

§ 2304. Judicial agencies.

(a) Requirement.--A judicial agency shall provide financial

records in accordance with this part or any rule or order of

court providing equal or greater access to the records.

(b) Prohibition.--A judicial agency may not deny a requester

access to a financial record due to the intended use of the

financial record by the requester.

§ 2305. Presumption.

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(a) General rule.--A record in the possession of a

Commonwealth agency or local agency shall be presumed to be a

public record. The presumption shall not apply if:

(1) the record is exempt under section 2708 (relating to

exceptions for public records);

(2) the record is protected by a privilege; or

(3) the record is exempt from disclosure under any other

Federal or State law or regulation or judicial order or

decree.

(b) Legislative records and financial records.--A

legislative record in the possession of a legislative agency and

a financial record in the possession of a judicial agency shall

be presumed to be available in accordance with this part. The

presumption shall not apply if:

(1) the record is exempt under section 2708;

(2) the record is protected by a privilege; or

(3) the record is exempt from disclosure under any other

Federal or State law, regulation or judicial order or decree.

§ 2306. Nature of document.

Nothing under this part shall supersede or modify the public

or nonpublic nature of a record or document established in

Federal or State law, regulation or judicial order or decree.

CHAPTER 25

ACCESS

Sec.

2501. Scope of chapter.

2502. Open-records officer.

2503. Appeals officer.

2504. Regulations and policies.

2505. Uniform form.

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2506. Requests.

2507. Retention of records.

§ 2501. Scope of chapter.

This chapter applies to all agencies.

§ 2502. Open-records officer.

(a) Establishment.--

(1) An agency shall designate an official or employee to

act as the open-records officer.

(2) For a legislative agency other than the Senate or

the House of Representatives, the open-records officer

designated by the Legislative Reference Bureau shall serve as

the open-records officer. Notwithstanding paragraph (1), a

political party caucus of a legislative agency may appoint an

open-records officer under this section.

(b) Functions.--

(1) The open-records officer shall receive requests

submitted to the agency under this part, direct requests to

other appropriate persons within the agency or to appropriate

persons in another agency, track the agency's progress in

responding to requests and issue interim and final responses

under this part.

(2) Upon receiving a request for a public record,

legislative record or financial record, the open-records

officer shall do all of the following:

(i) Note the date of receipt on the written request.

(ii) Compute the day on which the five-day period

under section 2901 (relating to general rule) will expire

and make a notation of that date on the written request.

(iii) Maintain an electronic or paper copy of a

written request, including all documents submitted with

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the request until the request has been fulfilled. If the

request is denied, the written request shall be

maintained for 30 days or, if an appeal is filed, until a

final determination is issued under section 3101(b)

(relating to filing of appeal) or the appeal is deemed

denied.

(iv) Create a file for the retention of the original

request, a copy of the response, a record of written

communications with the requester and a copy of other

communications. This subparagraph shall only apply to

Commonwealth agencies.

§ 2503. Appeals officer.

(a) Commonwealth agencies and local agencies.--Except as

provided under subsection (d), the Office of Open Records shall

designate an appeals officer under section 3101(a)(2) (relating

to filing of appeal) for all:

(1) Commonwealth agencies; and

(2) local agencies.

(b) Judicial agencies.--A judicial agency shall designate an

appeals officer to hear appeals under Chapter 31 (relating to

appeal of agency determination).

(1) Except as set forth under paragraph (2), the

Legislative Reference Bureau shall designate an appeals

officer to hear appeals under Chapter 31 for all legislative

agencies.

(2) Each of the following shall designate an appeals

officer to hear appeals under Chapter 31:

(i) The Senate.

(ii) The House of Representatives.

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(d) Law enforcement records and Statewide officials.--

(1) The Attorney General, State Treasurer and Auditor

General shall each designate an appeals officer to hear

appeals under Chapter 31.

(2) The district attorney of a county shall designate

one or more appeals officers to hear appeals under Chapter 31

relating to access to criminal investigative records in

possession of a local agency of that county. The appeals

officer designated by the district attorney shall determine

if the record requested is a criminal investigative record.

§ 2504. Regulations and policies.

(a) Authority.--An agency may promulgate regulations and

policies necessary for the agency to implement this part. The

Office of Open Records may promulgate regulations relating to

appeals involving a Commonwealth agency or local agency.

(b) Posting.--The following information shall be posted at

each agency and, if the agency maintains an Internet website, on

the agency's Internet website:

(1) Contact information for the open-records officer.

(2) Contact information for the Office of Open Records

or other applicable appeals officer.

(3) A form which may be used to file a request.

(4) Regulations, policies and procedures of the agency

relating to this part.

§ 2505. Uniform form.

(a) Commonwealth and local agencies.--The Office of Open

Records shall develop a uniform form which shall be accepted by

each Commonwealth agency and local agency in addition to any

form used by the agency to file a request under this part. The

uniform form shall be transmitted to the Legislative Reference

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Bureau for publication in the Pennsylvania Bulletin and shall be

posted on the Office of Open Records' publicly accessible

Internet website.

(b) Judicial agencies.--A judicial agency or the

Administrative Office of Pennsylvania Courts may develop a form

to request financial records or may accept a form developed by

the Office of Open Records.

a form to request legislative records or may accept the form

developed by the Office of Open Records.

§ 2506. Requests.

(a) Disruptive requests.--

(1) An agency may deny a requester access to a record if

the requester has made repeated requests for that same record

and the repeated requests have placed an unreasonable burden

on the agency.

(2) A denial under this subsection shall not restrict

the ability to request a different record.

(b) Disaster or potential damage.--

(1) An agency may deny a requester access:

(i) when timely access is not possible due to fire,

flood or other disaster; or

(ii) to historical, ancient or rare documents,

records, archives and manuscripts when access may, in the

professional judgment of the curator or custodian of

records, cause physical damage or irreparable harm to the

record.

(2) To the extent possible, the contents of a record

under this subsection shall be made accessible to a requester

even if the record is physically unavailable.

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discretion to make any otherwise exempt record accessible for

inspection and copying under this chapter, if all of the

following apply:

(1) Disclosure of the record is not prohibited under any

of the following:

(i) Federal or State law or regulation.

(ii) Judicial order or decree.

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

(3) The agency head determines that the public interest

favoring access outweighs any individual, agency or public

interest that may favor restriction of access.

(d) Agency possession.--

(1) A public record that is not in the possession of an

agency but is in the possession of a party with whom the

agency has contracted to perform a governmental function on

behalf of the agency, and which directly relates to the

governmental function and is not exempt under this part,

shall be considered a public record of the agency for

purposes of this part.

(2) Nothing under this part shall be construed to

require access to any other record of the party in possession

of the public record.

(3) A request for a public record in possession of a

party other than the agency shall be submitted to the open-

records officer of the agency. Upon a determination that the

record is subject to access under this part, the open-records

officer shall assess the duplication fee established under

section 3307(b) (relating to fee limitations) and upon

collection shall remit the fee to the party in possession of

20220HB2814PN3453 - 23 -

the record if the party duplicated the record.

§ 2507. Retention of records.

Nothing under this part shall be construed to modify, rescind

or supersede any record retention policy or disposition schedule

of an agency established pursuant to law, regulation, policy or

other directive.

CHAPTER 27

PROCEDURE

Sec.

2701. Access.

2702. Requests.

2703. Written requests.

2704. Electronic access.

2705. Creation of record.

2706. Redaction.

2707. Production of certain records.

2708. Exceptions for public records.

§ 2701. Access.

(a) General rule.--Unless otherwise provided by law, a

public record, legislative record or financial record shall be

accessible for inspection and duplication in accordance with

this part. A record being provided to a requester shall be

provided in the medium requested, if the record exists in that

medium. If the record being provided does not exist in the

medium requested, it shall be provided in the medium in which

the record exists. A public record, legislative record or

financial record shall be available for access during the

regular business hours of an agency.

(b) Construction.--Nothing under this part shall be

construed to require access to a computer either of an agency or

20220HB2814PN3453 - 24 -

individual employee of an agency.

§ 2702. Requests.

An agency may fulfill verbal, written or anonymous verbal or

written requests for access to a record under this part. If the

requester wishes to pursue the relief and remedies provided for

under this part, the request for access to records must be a

written request.

§ 2703. Written requests.

A written request for access to a record 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 under section 2502 (relating to open-records

officer). An employee 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 the agency's

response. A written request need not include any explanation of

the requester's reason for requesting or intended use of the

record unless otherwise required by law.

§ 2704. Electronic access.

(a) General rule.--In addition to the requirements of

section 2701 (relating to access), an agency may make its

records available through any publicly accessible electronic

means.

(b) Response.--

(1) In addition to the requirements of section 2701, an

agency may respond to a request by notifying the requester

20220HB2814PN3453 - 25 -

that the record is available through publicly accessible

electronic means or that the agency will provide access to

inspect the record electronically.

(2) If the requester is unwilling or unable to access

the record electronically, the requester may, within 30 days

following receipt of the agency's notification, submit a

written request to the agency to have the record converted to

paper. The agency shall provide access to the record in

printed form within five days of the receipt of the written

request for conversion to paper.

§ 2705. Creation of record.

When responding to a request for access, an agency shall not

be required to create a record which does not currently exist or

to compile, maintain, format or organize a record in a manner in

which the agency does not currently compile, maintain, format or

organize the record.

§ 2706. Redaction.

If an agency determines that a public record, legislative

record or financial record contains information which is subject

to access as well as information which is not subject to access,

the agency's response shall grant access to the information

which is subject to access and deny access to the information

which is not subject to access. If the information which is not

subject to access is an integral part of the public record,

legislative record or financial record and cannot be separated,

the agency shall redact from the record the information which is

not subject to access and the response shall grant access to the

information which is subject to access. The agency may not deny

access to the record if the information which is not subject to

access is able to be redacted. Information which an agency

20220HB2814PN3453 - 26 -

redacts in accordance with this subsection shall be deemed a

denial under Chapter 29 (relating to agency response).

§ 2707. Production of certain records.

(a) General rule.--If, in response to a request, an agency

produces a record that is not a public record, legislative

record or financial record, the agency shall notify a third

party that provided the record to the agency, the person that is

the subject of the record and the requester.

(b) Requests for trade secrets.--An agency shall notify a

third party of a request for a record if the third party

provided the record and included a written statement signed by a

representative of the third party that the record contains a

trade secret or confidential proprietary information.

Notification shall be provided within five business days of

receipt of the request for the record. The third party shall

have five business days from receipt of notification from the

agency to provide input on the release of the record. The agency

shall deny the request for the record or release the record

within 10 business days of the provision of notice to the third

party and shall notify the third party of the decision.

(1) Prior to an adjudication becoming final, binding and

nonappealable, a transcript of an administrative proceeding

shall be provided to a requester by the agency stenographer

or a court reporter, in accordance with agency procedure or

an applicable contract.

(2) Following an adjudication becoming final, binding

and nonappealable, a transcript of an administrative

proceeding shall be provided to a requester in accordance

with the duplication rates established under section 3307(b)

20220HB2814PN3453 - 27 -

(relating to fee limitations).

§ 2708. Exceptions for public records.

(a) Burden of proof.--

(1) The burden of proving that a record of a

Commonwealth agency or local agency is exempt from public

access shall be on the Commonwealth agency or local agency

receiving a request by a preponderance of the evidence.

(2) The burden of proving that a legislative record is

exempt from public access shall be on the legislative agency

receiving a request by a preponderance of the evidence.

(3) The burden of proving that a financial record of a

judicial agency is exempt from public access shall be on the

judicial agency receiving a request by a preponderance of the

evidence.

(b) Exceptions.--Except as provided under subsections (c)

and (d), the following are exempt from access by a requester

under this part:

(1) A record, the disclosure of which:

(i) would result in the loss of Federal or State

funds by an agency or the Commonwealth; or

(ii) would be reasonably likely to result in a

substantial and demonstrable risk of physical harm to or

the personal security of an individual.

(2) A record maintained by an agency in connection with

the military, homeland security, national defense, law

enforcement or other public safety activity that, if

disclosed, would be reasonably likely to jeopardize or

threaten public safety or preparedness or public protection

activity or a record that is designated classified by an

appropriate Federal or State military authority.

20220HB2814PN3453 - 28 -

(3) A record, the disclosure of which creates a

reasonable likelihood of endangering the safety or the

physical security of a building, public utility, resource,

infrastructure, facility or information storage system, which

may include any of the following:

(i) Documents or data relating to computer hardware,

source files, software and system networks that could

jeopardize computer security by exposing a vulnerability

in preventing, protecting against, mitigating or

responding to a terrorist act.

(ii) Any of the following:

(A) Lists of infrastructure, resources and

significant special events, including infrastructure,

resources and significant special events defined by

the Federal Government in the National Infrastructure

Protection Plan, which are deemed critical due to the

nature and which lists result from a risk analysis.

(B) Threat assessments.

(D) Antiterrorism protective measures and plans.

(E) Counterterrorism measures and plans.

(F) Security and response needs assessments.

(iii) Building plans or infrastructure records that

expose or create vulnerability through disclosure of the

location, configuration or security of critical systems,

including public utility systems, structural elements,

technology, communication, electrical, fire suppression,

ventilation, water, wastewater, sewage and gas systems.

(4) A record regarding computer hardware, software and

networks, including administrative or technical records,

20220HB2814PN3453 - 29 -

which, if disclosed, would be reasonably likely to jeopardize

computer security.

(5) Any of the following:

(i) A record of an individual's medical, psychiatric

or psychological history or disability status, including

an evaluation, consultation, prescription, diagnosis or

treatment.

(ii) Results of tests, including drug tests.

(iii) Enrollment in a health care program or program

designed for participation by persons with disabilities,

including vocational rehabilitation, workers'

compensation and unemployment compensation.

(iv) Information related to information under

subparagraphs (i), (ii) and (iii) that would disclose

individually identifiable health information.

(6) As follows:

(i) The following personal identification

information:

(A) A record containing all or part of a

person's Social Security number, driver's license

number, personal financial information, home,

cellular or personal telephone numbers, personal e-

mail addresses, employee number or other confidential

personal identification number.

(B) A spouse's name, marital status or

beneficiary or dependent information.

officer or judge.

(ii) Nothing under this paragraph shall preclude the

release of the name, position, salary, actual

20220HB2814PN3453 - 30 -

compensation or other payments or expenses, employment

contract, employment-related contract or agreement and

length of service of a public official or an agency

employee.

(iii) An agency may redact the name or other

identifying information relating to an individual

performing an undercover or covert law enforcement

activity from a record.

(7) The following records relating to an agency

employee:

(i) A letter of reference or recommendation

pertaining to the character or qualifications of an

identifiable individual, unless the letter was prepared

in relation to the appointment of an individual to fill a

vacancy in an elected office or an appointed office

requiring Senate confirmation.

(ii) A performance rating or review.

(iii) The result of a civil service or similar test

administered by a Commonwealth agency, legislative agency

or judicial agency. The result of a civil service or

similar test administered by a local agency may not be

disclosed if restricted by a collective bargaining

agreement. Only a test score of an individual who

obtained a passing score on a test administered by a

local agency may be disclosed.

(iv) The employment application of an individual who

is not hired by the agency.

(v) Workplace support services program information.

(vi) Written criticisms of an employee.

(vii) Grievance material, including documents

20220HB2814PN3453 - 31 -

related to discrimination or sexual harassment.

(viii) Information regarding discipline, demotion or

discharge contained in a personnel file. This

subparagraph shall not apply to the final action of an

agency that results in demotion or discharge.

(ix) An academic transcript.

(8) Any of the following:

(i) A record pertaining to strategy or negotiations

relating to labor relations or collective bargaining and

related arbitration proceedings. This subparagraph shall

not apply to a final or executed contract or agreement

between the parties in a collective bargaining procedure.

(ii) For the arbitration of a dispute or grievance

under a collective bargaining agreement, an exhibit

entered into evidence at an arbitration proceeding, a

transcript of the arbitration or the opinion. This

subparagraph shall not apply to the final award or order

of the arbitrator in a dispute or grievance procedure.

(9) The draft of a bill, resolution, regulation,

statement of policy, management directive, ordinance or

amendment to an item listed under this paragraph prepared by

or for an agency.

(10) As follows:

(i) A record that reflects:

(A) The internal, predecisional deliberations of

an agency, its members, employees or officials or

predecisional deliberations between agency members,

employees or officials and members, employees or

officials of another agency, including predecisional

deliberations relating to a budget recommendation,

20220HB2814PN3453 - 32 -

legislative proposal, legislative amendment,

contemplated or proposed policy or course of action

or any research, memos or other documents used in the

predecisional deliberations.

(B) The strategy to be used to develop or

achieve the successful adoption of a budget,

legislative proposal or regulation.

(ii) Subparagraph (i)(A) shall apply to agencies

subject to 65 Pa.C.S. Ch. 7 (relating to open meetings)

in a manner consistent with 65 Pa.C.S. Ch. 7. A record

which is not otherwise exempt from access under this part

and which is presented to a quorum for deliberation in

accordance with 65 Pa.C.S. Ch. 7 shall be a public

record.

(iii) This paragraph shall not apply to a written or

Internet application or other document that has been

submitted to request Commonwealth funds.

(iv) This paragraph shall not apply to the results

of public opinion surveys, polls, focus groups, marketing

research or similar effort designed to measure public

opinion.

(11) A record that constitutes or reveals a trade secret

or confidential proprietary information.

(12) Notes and working papers prepared by or for a

public official or agency employee used solely for that

official's or employee's own personal use, including

telephone message slips, routing slips and other materials

that do not have an official purpose.

(13) A record that would disclose the identity of an

individual who lawfully makes a donation to an agency unless

20220HB2814PN3453 - 33 -

the donation is intended for or restricted to providing

remuneration or personal tangible benefit to a named public

official or employee of the agency, including lists of

potential donors compiled by an agency to pursue donations,

donor profile information or personal identifying information

relating to a donor.

(14) An unpublished lecture note, unpublished

manuscript, unpublished article, creative work in progress,

research-related material and scholarly correspondence of a

community college or an institution of the State System of

Higher Education or a faculty member, staff employee, guest

speaker or student thereof.

(15) Any of the following:

(i) An academic transcript.

(ii) An examination, examination question, scoring

key or answers to an examination. 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.

(16) As follows:

(i) A record of an agency relating to or resulting

in a criminal investigation, including:

(A) Complaints of potential criminal conduct

other than a private criminal complaint.

(B) Investigative materials, notes,

correspondence, videos and reports.

confidential source or the identity of a suspect who

has not been charged with an offense to whom

20220HB2814PN3453 - 34 -

confidentiality has been promised.

(D) A record that includes information made

confidential by law or court order.

(E) Victim information, including any

information that would jeopardize the safety of the

victim.

(F) A record that, if disclosed, would do any of

the following:

(I) Reveal the institution, progress or

result of a criminal investigation, except the

filing of criminal charges.

(II) Deprive a person of the right to a fair

trial or an impartial adjudication.

(III) Impair the ability to locate a

defendant or codefendant.

(IV) Hinder an agency's ability to secure an

arrest, prosecution or conviction.

(V) Endanger the life or physical safety of

an individual.

(ii) This paragraph shall not apply to information

contained in a police blotter as defined in 18 Pa.C.S. §

9102 (relating to definitions) and utilized or maintained

by the Pennsylvania State Police, local, campus, transit

or port authority police department or other law

enforcement agency or in a traffic report except as

provided under 75 Pa.C.S. § 3754(b) (relating to accident

prevention investigations).

(17) A record of an agency relating to a noncriminal

investigation, including:

(i) Complaints submitted to an agency.

20220HB2814PN3453 - 35 -

(ii) Investigative materials, notes, correspondence

and reports.

(iii) A record that includes the identity of a

confidential source, including individuals subject to the

act of December 12, 1986 (P.L.1559, No.169), known as the

Whistleblower Law.

(iv) A record that includes information made

confidential by law.

(v) Work papers underlying an audit.

(vi) A record that, if disclosed, would do any of

the following:

(A) Reveal the institution, progress or result

of an agency investigation, except the imposition of

a fine or civil penalty, the suspension, modification

or revocation of a license, permit, registration,

certification or similar authorization issued by an

agency or an executed settlement agreement unless the

agreement is determined to be confidential by a

court.

(B) Deprive a person of the right to an

impartial adjudication.

privacy.

(D) Hinder an agency's ability to secure an

administrative or civil sanction.

(E) Endanger the life or physical safety of an

individual.

(18) As follows:

(i) A record or part of a record, except a time

response log, pertaining to audio recordings, telephone

20220HB2814PN3453 - 36 -

or radio transmissions received by emergency dispatch

personnel, including 911 recordings.

(ii) This paragraph shall not apply to a 911

recording, or a transcript of a 911 recording, if the

agency or a court determines that the public interest in

disclosure outweighs the interest in nondisclosure.

(19) A DNA and RNA record.

(20) An autopsy record of a coroner or medical examiner

and any audiotape of a postmortem examination or autopsy, or

a copy, reproduction or facsimile of an autopsy report, a

photograph, negative or print, including a photograph or

videotape of the body or any portion of the body of a

deceased person at the scene of death or in the course of a

postmortem examination or autopsy taken or made by or caused

to be taken or made by the coroner or medical examiner. This

exception shall not limit the reporting of the name of the

deceased individual and the cause and manner of death.

(21) Any of the following:

(i) Draft minutes of any meeting of an agency until

the next regularly scheduled meeting of the agency.

(ii) Minutes of an executive session and any record

of discussions held in executive session.

(22) Any of the following:

(i) The contents of real estate appraisals,

engineering or feasibility estimates, environmental

reviews, audits or evaluations made for or by an agency

relative to the following:

(A) The leasing, acquiring or disposing of real

property or an interest in real property.

(B) The purchase of public supplies or equipment

20220HB2814PN3453 - 37 -

included in the real estate transaction.

(ii) This paragraph shall not apply once the

decision is made to proceed with the lease, acquisition

or disposal of real property or an interest in real

property or the purchase of public supplies or

construction projects.

(23) Library and archive circulation and order records

of an identifiable individual or groups of individuals.

(24) Library archived and museum materials, or valuable

or rare book collections or documents contributed by gift,

grant, bequest or devise, to the extent of any limitations

imposed by the donor as a condition of the contribution.

(25) A record identifying the location of an

archeological site or an endangered or threatened plant or

animal species if not already known to the general public.

(26) Any of the following:

(i) A proposal pertaining to agency procurement or

disposal of supplies, services or construction prior to

the award of the contract or prior to the opening and

rejection of all bids.

(ii) Financial information of a bidder or offeror

requested in an invitation for bid or request for

proposals to demonstrate the bidder's or offeror's

economic capability.

(iii) The identity of members, notes and other

records of agency proposal evaluation committees

established under 62 Pa.C.S. § 513 (relating to

competitive sealed proposals).

(27) A record or information relating to a communication

20220HB2814PN3453 - 38 -

between an agency and the agency's insurance carrier,

administrative service organization or risk management

office. This paragraph shall not apply to a contract with an

insurance carrier, administrative service organization or

risk management office or to financial records relating to

the provision of insurance.

(28) A record or information:

(i) identifying an individual who applies for or

receives social services; or

(ii) relating to the following:

(A) the type of social services received by an

individual;

(B) an individual's application to receive

social services, including a record or information

related to an agency decision to grant, deny, reduce

or restrict benefits, including a quasi-judicial

decision of the agency and the identity of a

caregiver or others who provide services to the

individual; or

including the individual's income, assets, physical

or mental health, age, disability, family

circumstances or record of abuse.

(29) Correspondence between a person and a member of the

General Assembly and records accompanying the correspondence

which would identify a person that requests assistance or

constituent services. This paragraph shall not apply to

correspondence between a member of the General Assembly and a

principal or lobbyist under 65 Pa.C.S. Ch. 13A (relating to

lobbying disclosure).

20220HB2814PN3453 - 39 -

(30) A record identifying the name, home address or date

of birth of a child 17 years of age or younger.

shall not apply to financial records, except that an agency may

redact that portion of a financial record protected under

subsection (b)(1), (2), (3), (4), (5), (6), (16) or (17). An

agency may not disclose the identity of an individual performing

an undercover or covert law enforcement activity.

(d) Aggregated data.--The exceptions under subsection (b)

shall not apply to aggregated data maintained or received by an

agency, except for data protected under subsection (b)(1), (2),

(3), (4) or (5).

(e) Construction.--In determining whether a record is exempt

from access under this section, an agency shall consider and

apply each exemption separately.

CHAPTER 29

AGENCY RESPONSE

Sec.

2901. General rule.

2902. Extension of time.

2903. Denial.

2904. Certified copies.

2905. Record discard.

§ 2901. General rule.

Upon receipt of a written request for access to a record, an

agency shall make a good faith effort to determine if the record

requested is a public record, legislative record or financial

record and whether the agency has possession, custody or control

of the identified record and to respond as promptly as possible

under the circumstances existing at the time of the request.

20220HB2814PN3453 - 40 -

Each applicable fee shall be paid in order to receive access to

the record requested. The time for response may not exceed five

business days from the date the written request is received by

the open-records officer for an agency. If the agency fails to

send the response within five business days of receipt of the

written request for access, the written request for access shall

be deemed denied.

§ 2902. Extension of time.

(a) Determination.--Upon receipt of a written request for

access, the open-records officer for an agency shall determine

if one of the following applies:

(1) the request for access requires redaction of a

record in accordance with section 2706 (relating to

redaction);

(2) the request for access requires the retrieval of a

record stored in a remote location;

(3) a timely response to the request for access cannot

be accomplished due to bona fide and specified staffing

limitations;

(4) a legal review is necessary to determine whether the

record is a record subject to access under this part;

(5) the requester has not complied with the agency's

policies regarding access to records;

(6) the requester refuses to pay applicable fees

authorized by this part; or

(7) the extent or nature of the request precludes a

response within the required time period.

(b) Notice.--

(1) Upon a determination that one of the factors under

subsection (a) applies, the open-records officer shall send

20220HB2814PN3453 - 41 -

written notice to the requester within five business days of

receipt of the request for access under subsection (a).

(2) The notice shall include a statement notifying the

requester that the request for access is being reviewed, the

reason for the review, a reasonable date that a response is

expected to be provided and an estimate of applicable fees

owed when the record becomes available. If the date that a

response is expected to be provided is in excess of 30 days,

following the five business days allowed under section 2901

(relating to general rule), the request for access shall be

deemed denied unless the requester has agreed in writing to

an extension to the date specified in the notice.

(3) If the requester agrees to the extension, the

request shall be deemed denied on the day following the date

specified in the notice if the agency has not provided a

response by that date.

§ 2903. Denial.

If an agency's response is a denial of a written request for

access, whether in whole or in part, the denial shall be issued

in writing and shall include:

(1) A description of the record requested.

(2) The specific reasons for the denial, including a

citation of supporting legal authority.

(3) The typed or printed name, title, business address,

business telephone number and signature of the open-records

officer on whose authority the denial is issued.

(4) Date of the response.

(5) The procedure to appeal the denial of access under

this part.

§ 2904. Certified copies.

20220HB2814PN3453 - 42 -

If an agency's response grants a request for access, the

agency shall, upon request, provide the requester with a

certified copy of the record if the requester pays the

applicable fees under section 3307 (relating to fee

limitations).

§ 2905. Record discard.

If an agency response to a requester states that copies of

the requested records are available for delivery at the office

of an agency and the requester fails to retrieve the records

within 60 days of the agency's response, the agency may dispose

of any copies which have not been retrieved and retain any fees

paid to date.

CHAPTER 31

APPEAL OF AGENCY DETERMINATION

Sec.

3101. Filing of appeal.

3102. Appeals officer.

§ 3101. Filing of appeal.

(a) Authorization.--

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

denied or deemed denied, the requester may file an appeal

with the Office of Open Records or judicial, legislative or

other appeals officer designated under section 2503(d)

(relating to appeals officer) within 15 business days of the

mailing date of the agency's response or within 15 business

days of a deemed denial. The appeal shall state the grounds

upon which the requester asserts that the record is a public

record, legislative record or financial record and shall

address any grounds stated by the agency for delaying or

denying the request.

20220HB2814PN3453 - 43 -

(2) Except as provided under section 2503(d), in the

case of an appeal of a decision by a Commonwealth agency or

local agency, the Office of Open Records shall assign an

appeals officer to review the denial.

(b) Determination.--

(1) Unless the requester agrees otherwise, the appeals

officer shall make a final determination which shall be

mailed to the requester and the agency within 30 days of

receipt of the appeal filed under subsection (a).

(2) If the appeals officer fails to issue a final

determination within 30 days, the appeal is deemed denied.

(3) Prior to issuing a final determination, a hearing

may be conducted. The determination by the appeals officer

shall be a final order. The appeals officer shall provide a

written explanation of the reason for the decision to the

requester and the agency.

(1) A person other than the agency or requester with a

direct interest in the record subject to an appeal under this

section may, within 15 days following receipt of actual

knowledge of the appeal but no later than the date the

appeals officer issues an order, file a written request to

provide information or to appear before the appeals officer

or to file information in support of the requester's or

agency's position.

(2) The appeals officer may grant a request under

paragraph (1) if:

(i) no hearing has been held;

(ii) the appeals officer has not yet issued the

appeals officer's order; and

20220HB2814PN3453 - 44 -

(iii) the appeals officer believes the information

will be probative.

(3) Copies of the written request shall be sent to the

agency and the requester.

§ 3102. Appeals officers.

(a) Duties.--An appeals officer designated under section

2503 (relating to appeals officer) shall do all of the

following:

(1) Set a schedule for the requester and the open-

records officer to submit documents in support of the appeals

officer's positions.

(2) Review all information filed relating to the

request. The appeals officer may hold a hearing. A decision

to hold or not to hold a hearing is not appealable. The

appeals officer may admit into evidence testimony, evidence

and documents that the appeals officer believes to be

reasonably probative and relevant to an issue in dispute. The

appeals officer may limit the nature and extent of evidence

found to be cumulative.

(3) Consult with agency counsel as appropriate.

(4) Issue a final determination on behalf of the Office

of Open Records or other agency.

(b) Procedures.--The Office of Open Records, a judicial

agency, a legislative agency, the Attorney General, Auditor

General, State Treasurer or district attorney may adopt

procedures relating to appeals under this chapter. The following

apply:

(1) If an appeal is resolved without a hearing, 1 Pa.

Code Pt. II (relating to general rules of administrative

practice and procedure) shall not apply except to the extent

20220HB2814PN3453 - 45 -

that the agency has adopted this chapter in the agency's

regulations or rules under this subsection.

(2) If a hearing is held, 1 Pa. Code Pt. II shall apply

unless the agency has adopted regulations, policies or

procedures to the contrary under this subsection.

(3) In the absence of a regulation, policy or procedure

governing appeals under this chapter, the appeals officer

shall rule on procedural matters on the basis of justice,

fairness and the expeditious resolution of the dispute.

CHAPTER 33

JUDICIAL REVIEW

Sec.

3301. Commonwealth agencies, legislative agencies and judicial

agencies.

3302. Local agencies.

3303. Notice and records.

3304. Court costs and attorney fees.

3305. Civil penalty.

3306. Immunity.

3307. Fee limitations.

3308. Prohibition.

3309. Practice and procedure.

3310. Office of Open Records.

§ 3301. Commonwealth agencies, legislative agencies and

judicial agencies.

(a) General rule.--Within 30 days of the mailing date of the

final determination of the appeals officer relating to a

decision of a Commonwealth agency, a legislative agency or a

judicial agency issued under section 3101(b) (relating to filing

of appeal) or the date a request for access is deemed denied, a

20220HB2814PN3453 - 46 -

requester or the agency may file a petition for review or other

document as may be required by rule of court with Commonwealth

Court. The decision of the court shall contain findings of fact

and conclusions of law based upon the evidence as a whole. The

decision shall clearly and concisely explain the rationale for

the decision.

(b) Stay.--A petition for review under this section shall

stay the release of documents until a decision under subsection

(a) is issued.

§ 3302. Local agencies.

(a) General rule.--Within 30 days of the mailing date of the

final determination of the appeals officer relating to a

decision of a local agency issued under section 3101(b)

(relating to filing of appeal) or of the date a request for

access is deemed denied, a requester or local agency may file a

petition for review or other document as required by rule of

court with the court of common pleas for the county where the

local agency is located. The decision of the court shall contain

findings of fact and conclusions of law based upon the evidence

as a whole. The decision shall clearly and concisely explain the

rationale for the decision.

(b) Stay.--A petition for review under this section shall

stay the release of documents until a decision under subsection

(a) is issued.

§ 3303. Notice and records.

(a) Notice.--An agency, the requester and the Office of Open

Records or designated appeals officer shall be served notice of

actions commenced in accordance with section 3301 (relating to

Commonwealth agencies, legislative agencies and judicial

agencies) or 3302 (relating to local agencies) and shall have an

20220HB2814PN3453 - 47 -

opportunity to respond in accordance with applicable court

rules.

(b) Record on appeal.--The record before a court shall

consist of the request, the agency's response, the appeal filed

under section 3101 (relating to filing of appeal), the hearing

transcript, if any, and the final written determination of the

appeals officer.

§ 3304. Court costs and attorney fees.

(a) Reversal of agency determination.--If a court reverses

the final determination of the appeals officer or grants access

to a record after a request for access was deemed denied, the

court may award reasonable attorney fees and costs of litigation

or an appropriate portion thereof to a requester if the court

finds either of the following:

(1) the agency receiving the original request willfully

or with wanton disregard deprived the requester of access to

a public record subject to access or otherwise acted in bad

faith under the provisions of this part; or

(2) the exemptions, exclusions or defenses asserted by

the agency in its final determination were not based on a

reasonable interpretation of law.

(b) Sanctions for frivolous requests or appeals.--The court

may award reasonable attorney fees and costs of litigation or an

appropriate portion thereof to an agency or the requester if the

court finds that the legal challenge under this chapter was

frivolous.

a court from imposing penalties and costs in accordance with

applicable rules of court.

§ 3305. Civil penalty.

20220HB2814PN3453 - 48 -

(a) Denial of access.--A court may impose a civil penalty of

not more than $1,500 if an agency denied access to a public

record in bad faith.

(b) Failure to comply with court order.--An agency or public

official who does not promptly comply with a court order under

this part shall be subject to a civil penalty of not more than

$500 per day until the public records are provided.

§ 3306. Immunity.

(a) General rule.--Except as provided under sections 3304

(relating to court costs and attorney fees) and 3305 (relating

to civil penalty) and other statutes governing the release of

records, an agency, public official or public employee may not

be liable for civil penalties resulting from compliance or

failure to comply with this part.

(b) Schedules.--An agency, public official or public

employee may not be liable for civil or criminal damages or

penalties under this part for complying with any written public

record retention and disposition schedule.

§ 3307. Fee limitations.

(a) Postage.--A fee for postage may not exceed the actual

cost of mailing.

(b) Duplication.--

(1) A fee for duplication by photocopying, printing from

electronic media or microfilm, copying onto electronic media,

transmission by facsimile or other electronic means and other

means of duplication shall be established:

(i) by the Office of Open Records, for Commonwealth

agencies and local agencies;

(ii) by each judicial agency; and

(iii) by each legislative agency.

20220HB2814PN3453 - 49 -

(2) A fee must be reasonable and based on a prevailing

fee for comparable duplication services provided by local

business entities.

(3) A fee for a local agency may reflect regional price

differences.

(4) The following shall apply to complex and extensive

data sets, including geographic information systems or

integrated property assessment lists:

(i) A fee for copying may be based on the reasonable

market value of the same or closely related data sets.

(ii) Subparagraph (i) shall not apply to:

(A) 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;

(B) a request by a nonprofit organization for

the conduct of educational research.

(iii) Information obtained under subparagraph (ii)

shall be subject to paragraphs (1), (2) and (3).

official certification of copies if the certification is at the

behest of the requester and for the purpose of legally verifying

the public record.

(d) Conversion to paper.--If a record is only maintained

electronically or in other nonpaper media, duplication fees

shall be limited to the lesser of the fee for duplication on

paper or the fee for duplication in the original media as

provided by subsection (b) unless the requester specifically

20220HB2814PN3453 - 50 -

requests for the record to be duplicated in the more expensive

medium.

(e) Enhanced electronic access.--

(1) If an agency offers enhanced electronic access to

records in addition to making the records accessible for

inspection and duplication by a requester as required by this

part, the agency may establish a user fee specifically for

the provision of the enhanced electronic access, but only to

the extent that the enhanced electronic access is in addition

to making the records accessible for inspection and

duplication by a requester as required under this part.

(2) The user fee for enhanced electronic access may be a

flat rate, a subscription fee for a period of time, a per-

transaction fee, a fee based on the cumulative time of system

access or any other reasonable method and any combination of

the rate and fees.

(3) The user fee for enhanced electronic access 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.

(f) Waiver of fees.--An agency may waive a fee for

duplication of a record, including if:

(1) the requester duplicates the record; or

(2) the agency deems it is in the public interest to do

so.

(g) Limitations.--Except as otherwise provided under

statute, no other fee may be imposed unless the agency

necessarily incurs costs for complying with the request and the

fee is reasonable. A fee may not be imposed for an agency's

20220HB2814PN3453 - 51 -

review of a record to determine whether the record is a public

record, legislative record or financial record subject to access

in accordance with this part.

(h) Prepayment.--Prior to granting a request for access in

accordance with this part, an agency may require a requester to

prepay an estimate of the fee authorized under this section if

the fee required to fulfill the request is expected to exceed

$100.

§ 3308. Prohibition.

A policy or regulation adopted under this part may not

include any of the following:

(1) A limitation on the number of records which may be

requested or made available for inspection or duplication.

(2) A requirement to disclose the purpose or motive in

requesting access to records.

§ 3309. Practice and procedure.

The provisions of Part II shall not apply to this part unless

specifically adopted by regulation or policy.

§ 3310. Office of Open Records.

(a) Establishment.--The Office of Open Records is

established in the Department of Community and Economic

Development. The office shall do all of the following:

(1) Provide information relating to the implementation

and enforcement of this part.

(2) Issue advisory opinions to agencies and requesters.

(3) Provide annual training courses to agencies, public

officials and public employees on this part and 65 Pa.C.S.

Ch. 7 (relating to open meetings).

(4) Provide annual, regional training courses to local

agencies, public officials and public employees.

20220HB2814PN3453 - 52 -

(5) Assign appeals officers to review appeals of

decisions by Commonwealth agencies or local agencies, except

as provided under section 2503(d) (relating to appeals

officer), filed under section 3101 (relating to filing of

appeal) and issue orders and opinions. The office shall

employ or contract with attorneys to serve as appeals

officers to review appeals and, if necessary, to hold

hearings on a regional basis under this part. Each appeals

officer must comply with all of the following:

(i) Complete a training course provided by the

Office of Open Records prior to acting as an appeals

officer.

(ii) If a hearing is necessary, hold hearings

regionally as necessary to ensure access to the remedies

provided by this part.

(iii) Comply with the procedures under section

3102(b) (relating to appeals officer).

(6) Establish an informal mediation program to resolve

disputes under this part.

(7) Establish a publicly accessible Internet website

with information relating to this part, including information

on fees, advisory opinions and decisions and the name and

address of all open records officers in this Commonwealth.

(8) Conduct a biannual review of fees charged under this

part.

(9) Annually report on the office's activities and

findings to the Governor and the General Assembly. The report

shall be posted and maintained on the publicly accessible

Internet website established under paragraph (7).

(b) Executive director.--The Governor shall appoint an

20220HB2814PN3453 - 53 -

executive director of the office who shall serve for a term of

six years. Compensation shall be set by the Executive Board

established under section 204 of the act of April 9, 1929

(P.L.177, No.175), known as The Administrative Code of 1929. An

executive director may serve no more than two terms.

election nor accept appointment to any political office during

the executive director's tenure as executive director and for

one year thereafter.

(d) Staffing.--The executive director shall appoint

attorneys to act as appeals officers and additional clerical,

technical and professional staff as may be appropriate and may

contract for additional services as necessary for the

performance of the executive director's duties. The compensation

of attorneys and other staff shall be set by the Executive

Board. The appointment of attorneys shall not be subject to the

act of October 15, 1980 (P.L.950, No.164), known as the

Commonwealth Attorneys Act.

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

duties of the Office of Open Records are carried out and shall

monitor cases appealed to the Office of Open Records.

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

be in a separate line item and shall be under the jurisdiction

of the executive director.

CHAPTER 35

STATE-RELATED INSTITUTIONS

Sec.

3501. (Reserved).

3502. Reporting.

3503. Contents of report.

20220HB2814PN3453 - 54 -

3504. Copies and posting.

§ 3501. (Reserved).

§ 3502. Reporting.

No later than May 30 of each year, a State-related

institution shall file with the Governor's Office, the General

Assembly, the Auditor General and the State Library the

information under section 3503 (relating to contents of report).

§ 3503. Contents of report.

The report required under section 3502 (relating to

reporting) shall include the following:

(1) Except as provided under paragraph (4), all

information required by Form 990 or an equivalent form of the

Internal Revenue Service, entitled the Return of Organization

Exempt From Income Tax, regardless of whether the State-

related institution is required to file the form by the

Federal Government.

(2) The salaries of all officers and directors of the

State-related institution.

(3) The highest 25 salaries paid to employees of the

institution that are not included under paragraph (2).

(4) The report shall not include information relating to

individual donors.

§ 3504. Copies and posting.

A State-related institution shall maintain, for at least

seven years, a copy of the report in the institution's library

and shall provide free access to the report on the institution's

Internet website.

CHAPTER 37

STATE CONTRACT INFORMATION

Sec.

20220HB2814PN3453 - 55 -

3701. Submission and retention of contracts.

3702. Public availability of contracts.

§ 3701. Submission and retention of contracts.

(a) General rule.--If a Commonwealth agency, legislative

agency or judicial agency enters into a contract involving

property, real, personal or mixed of any kind or description or

a contract for personal services where the consideration

involved in the contract is at least $5,000, a copy of the

contract shall be filed with the Treasury Department within 10

days after the contract is fully executed on behalf of the

Commonwealth agency, legislative agency or judicial agency or

otherwise becomes an obligation of the Commonwealth agency,

legislative agency or judicial agency. The provisions of this

chapter shall not apply to contracts for services protected by a

privilege. The provisions of this chapter shall not apply to a

purchase order evidencing fulfillment of an existing contract

but shall apply to a purchase order evidencing new obligations.

The following shall apply:

(1) Each Commonwealth agency, legislative agency and

judicial agency shall submit contracts in a form and

structure mutually agreed upon by the Commonwealth agency,

legislative agency or judicial agency and the State

Treasurer.

(2) The Treasury Department may require each

Commonwealth agency, legislative agency or judicial agency to

provide a summary with each contract, which shall include the

following:

(i) Date of execution.

(ii) Amount of the contract.

(iii) Beginning date of the contract.

20220HB2814PN3453 - 56 -

(iv) End date of the contract, if applicable.

(v) Name of the agency entering into the contract.

(vi) The name of all parties executing the contract.

(vii) Subject matter of the contract.

(3) Each agency shall create and maintain the data under

paragraph (2) in an ASCII-delimited text file, spreadsheet

file or other file provided by Treasury Department

regulation.

(b) Retention.--Every contract filed under subsection (a)

shall remain on file with the Treasury Department for a period

of not less than four years after the end date of the contract.

and judicial agency is responsible for verifying the accuracy

and completeness of the information that it submits to the State

Treasurer. The contract provided to the Treasury Department

under this chapter shall be redacted in accordance with

applicable provisions of this part by the agency filing the

contract.

(d) Applicability.--The provisions of this part shall not

apply to copies of contracts submitted to the Treasury

Department, the Department of the Auditor General or other

agency for purposes of audits and warrants for disbursements

under section 307, 401, 402 or 403 of the act of April 9, 1929

(P.L.343, No.176), known as The Fiscal Code.

§ 3702. Public availability of contracts.

(a) General rule.--The Treasury Department shall make each

contract filed under section 3701 (relating to submission and

retention of contracts) available for public inspection either

by posting a copy of the contract on the Treasury Department's

publicly accessible Internet website or by posting a contract

20220HB2814PN3453 - 57 -

summary on the department's publicly accessible Internet

website.

(b) Posting.--The Treasury Department shall post the

information received under this chapter in a manner that allows

the public to search contracts or contract summaries by the

categories enumerated in section 3701(a)(2).

Treasury Department shall maintain a page on its publicly

accessible Internet website that includes instructions on how to

review a contract on the Internet website.

(d) Paper copy.--A paper copy of a contract may be requested

from the agency that executed the contract in accordance with

this part.

CHAPTER 39

MISCELLANEOUS PROVISIONS

Sec.

3901. (Reserved).

3902. Relation to other laws.

3903. Severability.

3904. References.

§ 3901. (Reserved).

§ 3902. Relation to other laws.

If the provisions of this part regarding access to records

conflict with any other Federal or State law, the provisions of

this part shall not apply.

§ 3903. Severability.

All provisions of this part are severable.

§ 3904. References.

Notwithstanding 1 Pa.C.S. § 1937(b) (relating to references

to statutes and regulations), a reference in a statute or

20220HB2814PN3453 - 58 -

regulation to the former act of June 21, 1957 (P.L.390, No.212),

referred to as the Right-to-Know Law, or the former act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law,

shall be deemed a reference to this part.

Section 8. Sections 705(a)(3), 1517(a)(1) and (b)(1),

4187.7(f), 5112, 9311(m), 9312(5), 9318(g) and 9336(f) of Title

3 are amended to read:

§ 705. Control orders.

(a) Authority of department.--

* * *

(3) The hearing under paragraph (2) shall be conducted

in accordance with 2 Pa.C.S. [(relating to administrative law

and procedure)] Pt. II (relating to practice). The written

control order of the department shall be served upon the

affected person by personal service or by registered or

certified mail, return receipt requested. The control order

shall become final upon the expiration of the 15-day period

for requesting an administrative hearing unless a timely

request for a hearing has been filed with the department.

* * *

§ 1517. Control orders.

(a) Noxious weeds.--

(1) The department may issue a control order requiring a

person to implement treatment measures for noxious weeds. The

control order shall state the general factual and legal basis

for the action and shall advise the affected person that,

within 15 days of receipt of the control order, the affected

person may file with the department a written request for an

administrative hearing. The hearing shall be conducted in

accordance with 2 Pa.C.S. [(relating to administrative law

20220HB2814PN3453 - 59 -

and procedure)] Pt. II (relating to practice).

* * *

(b) Controlled plants.--

(1) The department may issue a control order requiring a

controlled plant permit holder or a person required to have

the permit to implement treatment measures for a controlled

plant. The department may issue a control order for

controlled plants if the department finds that a controlled

plant is growing on any premises or property without a valid

permit. The order shall state the general factual and legal

basis for the action and advise the affected person that

within 15 days of receipt of the order, the affected person

may file with the department a written request for an

administrative hearing. The hearing shall be conducted in

accordance with 2 Pa.C.S. Pt. II.

* * *

§ 4187.7. Violations and penalties.

* * *

(f) Hearings.--No civil penalty shall be assessed under this

section unless the person charged has been given notice and

opportunity for hearing in accordance with 2 Pa.C.S. [(relating

to administrative law and procedure)] Pt. II (relating to

practice).

* * *

§ 5112. Civil penalties.

In addition to any other remedy available at law or in equity

for a violation of this chapter, the department may assess a

civil penalty upon a person for a violation of this chapter. The

department shall give notice to the person and shall provide an

opportunity for a hearing. The hearing shall be conducted in

20220HB2814PN3453 - 60 -

accordance with [Title 2 (relating to administrative law and

procedure)] 2 Pa.C.S. Pt. II (relating to practice) . The civil

penalty assessed shall not exceed $2,500. The civil penalty

shall be payable to the department and shall be collectible in

any manner provided by law for the collection of debt. If any

person liable to pay a civil penalty neglects or refuses to pay

it after demand, the amount of the civil penalty, together with

interest and any other costs that may accrue, shall be a lien in

favor of the Commonwealth upon the real and personal property of

the person after the lien has been entered and docketed of

record by the prothonotary of the county where the property is

situated. It is the duty of each prothonotary, upon receipt of

the certified copy of the lien, to enter and docket the lien in

the records of his office and to index the lien as judgments are

indexed without requiring the payment of costs as a condition

precedent to entry.

§ 9311. State Horse Racing Commission.

* * *

(m) Public records.--The commission shall annually post on

its Internet website a list of all the itemized expenses of

employees and commissioners that were or are to be reimbursed

from the State Racing Fund. The list shall identify the nature

of the expense, the employee, member or the agency and employee

of the agency to which an expense is attributable. By October 1

of each year, a final report of all expenses described in this

subsection for the preceding fiscal year shall be posted on the

commission's Internet website and shall be submitted to the

Appropriations Committee of the Senate, the Agriculture and

Rural Affairs Committee of the Senate, the Appropriations

Committee of the House of Representatives and the Agriculture

20220HB2814PN3453 - 61 -

and Rural Affairs Committee of the House of Representatives.

Information posted on the Internet website under this subsection

shall be financial records for the purposes of and subject to

redaction under [the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law] 2 Pa.C.S. Pt. IV (relating to

Right-to-Know).

* * *

§ 9312. Additional powers of commission.

The commission shall regulate horse racing at which pari-

mutuel wagering is conducted and approve the number of racing

days allocated to each licensed racing entity. In addition to

any other powers of the commission:

* * *

(5) The commission's consideration and resolution of all

license or other regulatory administrative actions shall be

conducted in accordance with 2 Pa.C.S. [(relating to

administrative law and procedure)] Pt. II (relating to

practice) or with procedures adopted by order of the

commission. Notwithstanding 2 Pa.C.S. §§ 504 (relating to

hearing and record) and 505 (relating to evidence and cross-

examination), the commission may adopt procedures to provide

parties before it with a documentary hearing and may resolve

disputed material facts without conducting an oral hearing

where constitutionally permissible.

* * *

§ 9318. Licenses for horse race meetings.

* * *

(g) Cessation.--If a revocation or failure to renew a

license under subsection (e) occurs, the licensee's

authorization to conduct previously approved activity shall

20220HB2814PN3453 - 62 -

immediately cease, subject to 2 Pa.C.S. [(relating to

administrative law and procedure)] Pt. II (relating to

practice). In the case of a suspension, the licensee's

authorization to conduct previously approved activity shall

immediately cease until the commission has notified the licensee

that the suspension is no longer in effect. After request for a

hearing by a licensee, the commission may grant a supersedeas,

pending the final determination of the suspension.

* * *

§ 9336. Pennsylvania Breeding Fund.

* * *

(f) Pennsylvania Horse Breeders' Association.--The

commission shall contract with the Pennsylvania Horse Breeders'

Association as the organization responsible for the registration

and records of Pennsylvania-bred thoroughbred race horses. The

Pennsylvania Horse Breeders' Association shall advise the

commission when called upon and shall determine the

qualifications for Pennsylvania-bred thoroughbred race horses

and Pennsylvania sires. Registration and records of the

association shall be official records of the Commonwealth and

shall be subject to [the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law] 2 Pa.C.S. Pt. IV (relating to

Right-to-Know). At the close of each calendar year, the

Pennsylvania Horse Breeders' Association shall submit to the

commission for its approval an itemized budget of projected

expenses for the ensuing year relating to the administration and

development of the Pennsylvania Breeding Fund Program. The

commission, on no more than a quarterly basis, shall reimburse

from the fund the Pennsylvania Horse Breeders' Association for

those expenses actually incurred in the administration and

20220HB2814PN3453 - 63 -

development of the Pennsylvania Breeding Fund Program.

Section 9. Sections 314(d)(3), 1201.1(a), 1202.2(b),

1205(a), 1211(a.3), 13A14(a), 1518.2(h), 3305(b)(3) and 3907(h)

of Title 4 are amended to read:

§ 314. Board minutes and records.

* * *

(d) Confidentiality of information.--

* * *

(3) Except as provided in paragraph (1), no claim of

confidentiality shall be made regarding a record in

possession of the board that is otherwise publicly available

from the board under [the act of February 14, 2008 (P.L.6,

No.3), known as the Right-to-Know Law] 2 Pa.C.S. Pt. IV

(relating to Right-to-Know).

* * *

§ 1201.1. Applicability of other statutes.

(a) General rule.--The following acts shall apply to the

board:

[(1) The act of February 14, 2008 (P.L.6, No.3), known

as the Right-to-Know Law.]

(2) The act of July 19, 1957 (P.L.1017, No.451), known

as the State Adverse Interest Act.

(2.1) The provisions of 2 Pa.C.S. Pt. IV (relating to

Right-to-Know).

(3) The provisions of 65 Pa.C.S. Chs. 7 (relating to

open meetings) and 11 (relating to ethics standards and

financial disclosure).

* * *

§ 1202.2. Expenses of regulatory agencies.

* * *

20220HB2814PN3453 - 64 -

(b) Receipts.--In order to receive reimbursement for an

expense under subsection (a), the individual seeking

reimbursement must submit a receipt to the appropriate agency

documenting the expense incurred. Receipts and requests for

reimbursement shall be financial records for purposes of, and

subject to redaction under, [the act of February 14, 2008

(P.L.6, No.3), known as the Right-to-Know Law] 2 Pa.C.S. Pt. IV

(relating to Right-to-Know).

§ 1205. License or permit application hearing process; public

input hearings.

(a) General rule.--The board's consideration and resolution

of all license or permit applications shall be conducted in

accordance with 2 Pa.C.S. [(relating to administrative law and

procedure)] Pt. II (relating to practice) or with procedures

adopted by order of the board. Notwithstanding the requirements

of 2 Pa.C.S. §§ 504 (relating to hearing and record) and 505

(relating to evidence and cross-examination) as they relate to

the conduct of oral hearings, the board may adopt procedures to

provide parties before it with a documentary hearing, and the

board may resolve disputed material facts without conducting an

oral hearing where constitutionally permissible.

* * *

§ 1211. Reports of board.

* * *

(a.3) Expenses.--Beginning 30 days after the effective date

of this subsection, the board shall post, within 45 days after

the end of each month on its Internet website, a list of all the

itemized expenses of employees and members for that month that

were or are to be reimbursed from the assessments made by the

department under section 1402(a) (relating to gross terminal

20220HB2814PN3453 - 65 -

revenue deductions) and all itemized expenses of employees of

the department and the Office of Attorney General and troopers

and employees of the Pennsylvania State Police for the preceding

month that were or are to be reimbursed from such assessments.

The list shall identify the nature of the expense, the employee,

member or the agency and employee of the agency to which an

expense is attributable. If the expense is directly attributable

to or paid by a licensed gaming entity, the list shall identify

the licensed gaming entity and if the expense was charged to the

licensed gaming entity. By October 1 of each year, a final

report of all expenses described in this subsection for the

preceding fiscal year shall be posted on the board's Internet

website and shall be submitted to the Appropriations Committee

of the Senate, the Community, Economic and Recreational

Development Committee of the Senate, the Appropriations

Committee of the House of Representatives and the Gaming

Oversight Committee of the House of Representatives. Information

posted on the Internet website pursuant to this subsection shall

be financial records for the purposes of and subject to

redaction under [the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law] 2 Pa.C.S. Pt. IV (relating to

Right-to-Know). The board, the department, the Office of

Attorney General and the Pennsylvania State Police shall

collaborate to develop a uniform system that will enable the

board to carry out the requirements of this subsection.

* * *

§ 13A14. Table game authorization hearing process; public input

hearings.

(a) General rule.--The board's consideration and resolution

of all petitions to conduct table games shall be conducted in

20220HB2814PN3453 - 66 -