PRINTER'S NO. 3591

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2665 Session of 1978


        INTRODUCED BY KERNICK, SEPTEMBER 11, 1978

        REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 11, 1978

                                     AN ACT

     1  Amending the act of June 21, 1957 (P.L.390, No.212), entitled
     2     "An act requiring certain records of the Commonwealth and its
     3     political subdivisions and of certain authorities and other
     4     agencies performing essential governmental functions, to be
     5     open for examination and inspection by citizens of the
     6     Commonwealth of Pennsylvania; authorizing such citizens under
     7     certain conditions to make extracts, copies, photographs or
     8     photostats of such records; and providing for appeals to the
     9     courts of common pleas," further providing for the definition
    10     of "public record."

    11     The General Assembly of the Commonwealth of Pennsylvania
    12  hereby enacts as follows:
    13     Section 1.  Clause (2) of section 1, act of June 21, 1957
    14  (P.L.390, No.212), referred to as the Right-to-Know Law, amended
    15  June 17, 1971 (P.L.160, No.9), is amended to read:
    16     Section 1.  In this act the following terms shall have the
    17  following meanings:
    18     * * *
    19     (2)  "Public Record." Any account, voucher or contract
    20  dealing with the receipt or disbursement of funds by an agency
    21  or its acquisition, use or disposal of services or of supplies,
    22  materials, equipment or other property [and] any minute, order


     1  or decision by an agency fixing the personal or property rights,
     2  privileges, immunities, duties or obligations of any person or
     3  group of persons and data, cards and records relating to real
     4  property assessments: Provided, That the term "public records"
     5  shall not mean any report, communication or other paper, the
     6  publication of which would disclose the institution, progress or
     7  result of an investigation undertaken by an agency in the
     8  performance of its official duties, except those reports filed
     9  by agencies pertaining to safety and health in industrial plants
    10  and except any report, communication or other paper pertaining
    11  to the assessment of real property; it shall not include any
    12  record, document, material, exhibit, pleading, report,
    13  memorandum or other paper, access to or the publication of which
    14  is prohibited, restricted or forbidden by statute law or order
    15  or decree of court, or which would operate to the prejudice or
    16  impairment of a person's reputation or personal security, or
    17  which would result in the loss by the Commonwealth or any of its
    18  political subdivisions or commissions or State or municipal
    19  authorities of Federal funds, excepting therefrom however the
    20  record of any conviction for any criminal act.
    21     Section 2.  This act shall take effect in 60 days.






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