PRIOR PRINTER'S NOS. 772, 1509, 1553, PRINTER'S NO. 1583 1562
No. 1 Session of 2007
INTRODUCED BY PILEGGI, SCARNATI, MELLOW, ORIE, KASUNIC, MUSTO, RAFFERTY, O'PAKE, TOMLINSON, M. WHITE, ERICKSON, WAUGH, FOLMER, COSTA, EARLL, VANCE, BOSCOLA, CORMAN, WONDERLING, GORDNER, RHOADES, D. WHITE, PIPPY, MADIGAN, ARMSTRONG, BAKER, C. WILLIAMS, BRUBAKER, BROWNE, REGOLA, DINNIMAN AND EICHELBERGER, MARCH 29, 2007
AS AMENDED ON THIRD CONSIDERATION, NOVEMBER 27, 2007
AN ACT 1 Providing for access to public information, for a designated 2 open-records officer in each Commonwealth agency, local 3 agency, judicial agency and legislative agency, for 4 procedure, for appeal of agency determination, for judicial 5 review and for an Open Records Clearinghouse; imposing 6 penalties; providing for reporting by State-related 7 institutions; requiring the posting of certain State contract 8 information on the Internet; and making related repeals. 9 TABLE OF CONTENTS 10 Chapter 1. Preliminary Provisions 11 Section 101. Short title. 12 Section 102. Definitions. 13 Chapter 3. Requirements and Prohibitions 14 Section 301. Commonwealth agencies. 15 Section 302. Local agencies. 16 Section 303. Legislative agencies. 17 Section 304. Judicial agencies. 18 Section 305. Presumption.
1 Section 306. Nature of document. 2 Chapter 5. Access 3 Section 501. Scope of chapter. 4 Section 502. Open-records officer. 5 Section 503. Appeals officer. 6 Section 504. Regulations and policies. 7 Section 505. Uniform form. 8 Section 506. Requests. 9 Section 507. Retention of records. 10 Chapter 7. Procedure 11 Section 701. Access to public records. 12 Section 702. Requests. 13 Section 703. Written requests. 14 Section 704. Electronic access. 15 Section 705. Creation of record. 16 Section 706. Redaction. 17 Section 707. Production of certain records. 18 Section 708. Exceptions for public records. 19 Chapter 9. Agency Response 20 Section 901. General rule. 21 Section 902. Extension of time. 22 Section 903. Denial. 23 Section 904. Certified copies. 24 Chapter 11. Appeal of Agency Determination 25 Section 1101. Filing of appeal. 26 Section 1102. Appeals officers. 27 Chapter 13. Judicial Review 28 Section 1301. Commonwealth agencies, legislative agencies and 29 judicial agencies. 30 Section 1302. Local agencies. 20070S0001B1583 - 2 -
1 Section 1303. Notice and records. 2 Section 1304. Court costs and attorney fees. 3 Section 1305. Penalties. 4 Section 1306. Immunity. 5 Section 1307. Fee limitations. 6 Section 1308. Prohibition. 7 Section 1309. Practice and procedure. 8 Section 1310. Clearinghouse. 9 Chapter 15. State-Related Institutions 10 Section 1501. Definition. 11 Section 1502. Reporting. 12 Section 1503. Contents of report. 13 Section 1504. Copies and posting. 14 Chapter 17. State Contract Information 15 Section 1701. Submission and retention of contracts. 16 Section 1702. Public availability of contracts. 17 Chapter 31. Miscellaneous Provisions 18 Section 3101. Applicability. 19 Section 3102. Repeals. 20 Section 3103. Effective date. 21 The General Assembly of the Commonwealth of Pennsylvania 22 hereby enacts as follows: 23 CHAPTER 1 24 PRELIMINARY PROVISIONS 25 Section 101. Short title. 26 This act shall be known and may be cited as the Right-to-Know 27 Law. 28 Section 102. Definitions. 29 The following words and phrases when used in this act shall 30 have the meanings given to them in this section unless the 20070S0001B1583 - 3 -
1 context clearly indicates otherwise:
2 "Administrative proceeding." A proceeding by an agency the
3 outcome of which is required to be based on a record or
4 documentation prescribed by law or in which a statute or
5 regulation is particularized in application to individuals. The
6 term includes an appeal.
7 "Agency." A Commonwealth agency, a local agency, a judicial
8 agency or a legislative agency.
9 "Aggregated data." A tabulation of data which relate to
10 broad classes, groups or categories so that it is not possible
11 to distinguish the properties of individuals within those
12 classes, groups or categories.
13 "Appeals officer." As follows:
14 (1) For a Commonwealth agency or a local agency, the
15 appeals officer designated under section 503(a).
16 (2) For a judicial agency, the individual designated
17 under section 503(b).
18 (3) For a legislative agency, the individual designated
19 under section 503(c).
20 "Clearinghouse." The Open Records Clearinghouse established
21 pursuant to the provisions of section 1310.
22 "Commonwealth agency." Any of the following:
23 (1) Any office, department, authority, board, multistate
24 agency or commission of the executive branch; an independent
25 agency; and a State-affiliated entity. The term includes:
26 (i) The Governor's Office.
27 (ii) The Office of Attorney General, the Department
28 of the Auditor General and the Treasury Department.
29 (iii) A statutorily established organization AN <--
30 ORGANIZATION ESTABLISHED BY THE CONSTITUTION OF
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1 PENNSYLVANIA, A STATUTE OR AN EXECUTIVE ORDER which 2 performs or is intended to perform an essential 3 governmental function. 4 (2) The term does not include a judicial or legislative 5 agency. 6 "Confidential proprietary information." Commercial or 7 financial information received by an agency: 8 (1) which is privileged or confidential; and 9 (2) the disclosure of which would cause substantial harm 10 to the competitive position of the person that submitted the 11 information. 12 "Financial record." Includes: 13 (1) Any account, voucher or contract dealing with: 14 (i) the receipt or disbursement of funds by an 15 agency; or 16 (ii) an agency's acquisition, use or disposal of 17 services, supplies, materials, equipment or property. 18 (2) The salary or other payments or expenses paid to an 19 officer or employee of an agency, including the name and 20 title of the officer or employee. 21 (3) Results of a financial audit. 22 "Homeland security." Governmental actions designed to 23 prevent, detect, respond to and recover from acts of terrorism, 24 major disasters and other emergencies, whether natural or 25 manmade. The term includes activities relating to the following: 26 (1) emergency preparedness and response, including 27 preparedness and response activities by volunteer medical, 28 police, emergency management, hazardous materials and fire 29 personnel; 30 (2) intelligence activities; 20070S0001B1583 - 5 -
1 (3) critical infrastructure protection; 2 (4) border security; 3 (5) ground, aviation and maritime transportation 4 security; 5 (6) biodefense; 6 (7) detection of nuclear and radiological materials; and 7 (8) research on next-generation securities technologies. 8 "Independent agency." Any board, commission or other agency 9 or officer of the Commonwealth, that is not subject to the 10 policy supervision and control of the Governor. The term does 11 not include a legislative or judicial agency. 12 "Judicial agency." A court of the Commonwealth or any other 13 entity or office of the unified judicial system. 14 "Legislative agency." Any of the following: 15 (1) The Senate. 16 (2) The House of Representatives. 17 (3) The Capitol Preservation Committee. 18 (4) The Center for Rural Pennsylvania. 19 (5) The Joint Legislative Air and Water Pollution 20 Control and Conservation Committee. 21 (6) The Joint State Government Commission. 22 (7) The Legislative Budget and Finance Committee. 23 (8) The Legislative Data Processing Committee. 24 (9) The Independent Regulatory Review Commission. 25 (10) The Legislative Reference Bureau. 26 (11) The Local Government Commission. 27 (12) The Pennsylvania Commission on Sentencing. 28 (13) THE LEGISLATIVE REAPPORTIONMENT COMMISSION. <-- 29 "Legislative record." Includes the following information 30 relating to a legislative agency or standing committee: 20070S0001B1583 - 6 -
1 (1) A financial record. 2 (2) A bill or resolution that has been introduced and 3 amendments offered thereto in committee or in legislative 4 session, including resolutions to adopt or amend the rules of 5 a chamber. 6 (3) Fiscal notes. 7 (4) A cosponsorship memorandum. 8 (5) The journal of a chamber. 9 (6) The minutes of, RECORD OF ATTENDANCE OF MEMBERS AT <-- 10 AND ALL RECORDED VOTES TAKEN IN a public committee meeting. 11 (7) The transcript of a public hearing when available. 12 (8) The record of attendance of members at a committee <-- 13 meeting. 14 (8) EXECUTIVE NOMINATION CALENDARS. <-- 15 (9) The rules of a chamber. 16 (10) A record of all recorded votes taken in a committee <-- 17 meeting or legislative session. 18 (11) Any administrative staff manuals or written 19 policies. 20 (12) An audit prepared pursuant to the act of June 30, 21 1970 (P.L.442, No.151) entitled, "An act implementing the 22 provisions of Article VIII, section 10 of the Constitution of 23 Pennsylvania, by designating the Commonwealth officers who 24 shall be charged with the function of auditing the financial 25 transactions after the occurrence thereof of the Legislative 26 and Judicial branches of the government of the Commonwealth, 27 establishing a Legislative Audit Advisory Commission, and 28 imposing certain powers and duties on such commission." 29 (13) Final or annual reports required by law to be 30 submitted to the General Assembly. 20070S0001B1583 - 7 -
1 (14) Legislative Budget and Finance Committee reports.
2 (15) Marked DAILY LEGISLATIVE SESSION CALENDARS AND <--
3 MARKED calendars.
4 (16) A RECORD COMMUNICATING TO AN AGENCY THE OFFICIAL <--
5 APPOINTMENT OF A LEGISLATIVE APPOINTEE.
6 (17) A RECORD COMMUNICATING TO THE APPOINTING AUTHORITY
7 THE RESIGNATION OF A LEGISLATIVE APPOINTEE.
8 "Local agency." Any of the following:
9 (1) Any political subdivision, intermediate unit,
10 charter school or public trade or vocational school.
11 (2) Any local, intergovernmental, regional or municipal
12 agency, authority, council, board, commission or similar
13 governmental entity.
14 "Personal financial information." An individual's personal
15 credit, charge or debit card information; bank account
16 information; bank, credit or financial statements; account or
17 PIN numbers and other information relating to an individual's
18 personal finances.
19 "Privilege." The attorney-work product doctrine, the
20 attorney-client privilege, the doctor-patient privilege or other
21 privilege recognized by a court interpreting the laws of this
22 Commonwealth.
23 "Public record." A record of a Commonwealth or local agency
24 that:
25 (1) is not exempt under section 708;
26 (2) is not exempt from being disclosed under any other
27 Federal or State law or regulation or judicial order or
28 decree; or
29 (3) is not protected by a privilege.
30 "Record." Information, regardless of physical form or
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1 characteristics, that documents a transaction or activity of an 2 agency and that is created, received or retained pursuant to law 3 or in connection with a transaction, business or activity of the 4 agency. The term includes a document, paper, letter, map, book, 5 tape, photograph, film or sound recording, information stored or 6 maintained electronically and a data-processed or image- 7 processed document. The term includes a financial record, a 8 legislative record and a public record. 9 "Requester." A person that is a resident of the United 10 States and requests a record pursuant to this act. The term 11 includes a political subdivision. 12 "Response." Access to a record or an agency's written notice 13 granting, denying or partially granting and partially denying 14 access to a record. 15 "Social services." Cash assistance and other welfare 16 benefits, medical, mental and other health care services, drug 17 and alcohol treatment, adoption services, vocational and 18 occupational training, education services, counseling services, 19 workers' compensation services and unemployment compensation 20 services, foster care services and services for victims of 21 crimes. 22 "State-affiliated entity." A Commonwealth authority or 23 Commonwealth entity. The term includes the Pennsylvania Higher 24 Education Assistance Agency, the Pennsylvania Housing Finance 25 Agency, the Pennsylvania Municipal Retirement Board, the State 26 System of Higher Education, a community college, the 27 Pennsylvania Turnpike Commission, the Pennsylvania Public 28 Utility Commission, the Pennsylvania Infrastructure Investment 29 Authority, the State Public School Building Authority, the 30 Pennsylvania Interscholastic Athletic Association and the 20070S0001B1583 - 9 -
1 Pennsylvania Educational Facilities Authority. The term does not 2 include a State-related institution. 3 "Terrorist act." A violent or life-threatening act that 4 violates the criminal laws of the United States or any state and 5 appears to be intended to: 6 (1) intimidate or coerce a civilian population; 7 (2) influence the policy of a government; or 8 (3) affect the conduct of a government by mass 9 destruction, assassination or kidnapping. 10 "Trade secret." Information, including a formula, drawing, 11 pattern, compilation, including a customer list, program, 12 device, method, technique or process that: 13 (1) derives independent economic value, actual or 14 potential, from not being generally known to and not being 15 readily ascertainable by proper means by other persons who 16 can obtain economic value from its disclosure or use; and 17 (2) is the subject of efforts that are reasonable under 18 the circumstances to maintain its secrecy. 19 The term includes data processing software obtained by an agency 20 under a licensing agreement prohibiting disclosure. 21 CHAPTER 3 22 REQUIREMENTS AND PROHIBITIONS 23 Section 301. Commonwealth agencies. 24 (a) Requirement.--A Commonwealth agency shall provide public 25 records in accordance with this act. 26 (b) Prohibition.--A Commonwealth agency may not deny a 27 requester access to a public record due to the intended use of 28 the public record by the requester. 29 Section 302. Local agencies. 30 (a) Requirement.--A local agency shall provide public 20070S0001B1583 - 10 -
1 records in accordance with this act.
2 (b) Prohibition.--A local agency may not deny a requester
3 access to a public record due to the intended use of the public
4 record by the requester.
5 Section 303. Legislative agencies.
6 (a) Requirement.--A legislative agency shall provide
7 legislative records in accordance with this act.
8 (b) Prohibition.--A legislative agency may not deny a
9 requester access to a legislative record due to the intended use
10 of the legislative record by the requester.
11 Section 304. Judicial agencies.
12 (a) Requirement.--A judicial agency shall provide financial
13 records in accordance with this act OR ANY RULE OR ORDER OF <--
14 COURT PROVIDING EQUAL OR GREATER ACCESS TO THE RECORDS.
15 (b) Prohibition.--A judicial agency may not deny a requester
16 access to a financial record due to the intended use of the
17 financial record by the requester.
18 Section 305. Presumption.
19 A record in the possession of a Commonwealth agency or local
20 agency shall be presumed to be a public record unless:
21 (1) the record is exempt under section 708;
22 (2) the record is protected by a privilege; or
23 (3) the record is exempt from disclosure under any other
24 Federal or State law or regulation or judicial order or
25 decree.
26 Section 306. Nature of document.
27 Nothing in this act shall supersede or modify the public or
28 confidential nature of a record or document established in
29 Federal or State statute or law, regulation or judicial order or <--
30 decree.
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1 CHAPTER 5 2 ACCESS 3 Section 501. Scope of chapter. 4 This chapter applies to all agencies. 5 Section 502. Open-records officer. 6 (a) Establishment.-- 7 (1) An agency shall designate an official or employee to 8 act as the open-records officer. 9 (2) For a legislative agency other than the Senate or 10 the House of Representatives, the open-records officer 11 designated by the Legislative Reference Bureau shall serve as 12 the open-records officer. 13 (b) Functions.-- 14 (1) The open-records officer shall receive requests 15 submitted to the agency under this act, direct requests to 16 other appropriate persons within the agency or to appropriate 17 persons in another agency, track the agency's progress in 18 responding to requests and issue interim and final responses 19 under this act. 20 (2) Upon receiving a request for a public record, 21 legislative record or financial record, the open-records 22 officer shall do all of the following: 23 (i) Note the date of receipt on the written request. 24 (ii) Compute the day on which the five-day period 25 under section 901 will expire and make a notation of that 26 date on the written request. 27 (iii) Maintain an electronic or paper copy of a 28 written request, including all documents submitted with 29 the request until the request has been fulfilled. If the 30 request is denied, the written request shall be 20070S0001B1583 - 12 -
1 maintained for 30 days or, if an appeal is filed, until a 2 final determination is issued under section 1101(b) or 3 the appeal is deemed denied. 4 (iv) Create a file for the retention of the original 5 request, a copy of the response, a record of written 6 communications with the requester and a copy of other 7 communications. This subparagraph shall only apply to 8 Commonwealth agencies. 9 Section 503. Appeals officer. 10 (a) Commonwealth agencies and local agencies.--Except as 11 provided in subsection (d), the clearinghouse established under 12 section 1310 shall designate an appeals officer under section 13 1101(a)(2) for all: 14 (1) Commonwealth agencies; and 15 (2) local agencies. 16 (b) Judicial agencies.--A judicial agency shall designate an 17 appeals officer to hear appeals under Chapter 11. 18 (c) Legislative agencies.-- 19 (1) Except as set forth in paragraph (2), the 20 Legislative Reference Bureau shall designate an appeals 21 officer to hear appeals under Chapter 11 for all legislative 22 agencies. 23 (2) Each of the following shall designate an appeals 24 officer to hear appeals under Chapter 11: 25 (i) The Senate. 26 (ii) The House of Representatives. 27 (d) Law enforcement records and Statewide officials.-- 28 (1) The Attorney General, State Treasurer and Auditor 29 General shall each designate an appeals officer to hear 30 appeals under Chapter 11. 20070S0001B1583 - 13 -
1 (2) The district attorney of a county shall designate an <-- 2 ONE OR MORE appeals officer OFFICERS to hear appeals under <-- 3 Chapter 11 relating to access to criminal investigative 4 records in possession of a local LAW ENFORCEMENT agency of <-- 5 that county. The appeals officer designated by the district 6 attorney shall determine if the record requested is a 7 criminal investigative record. 8 Section 504. Regulations and policies. 9 (a) Authority.--An agency may promulgate regulations, rules 10 or policies necessary for the agency to implement this act. The 11 clearinghouse may promulgate regulations relating to appeals 12 involving a Commonwealth agency or local agency. 13 (b) Posting.--The following information shall be posted at 14 each agency and, if the agency maintains an Internet website, on 15 the agency's Internet website: 16 (1) Contact information for the open-records officer. 17 (2) Contact information for the clearinghouse or other 18 applicable appeals officer. 19 (3) A form which may be used to file a request. 20 (4) Rules, regulations, policies and procedures of the 21 agency relating to this act. 22 Section 505. Uniform form. 23 (a) Commonwealth agencies.--The clearinghouse shall develop 24 a uniform form which shall be accepted by all Commonwealth and 25 local agencies in addition to any form used by the agency to 26 file a request under this act. The uniform form shall be 27 published in the Pennsylvania Bulletin and on the 28 clearinghouse's Internet website. 29 (b) Judicial agencies.--A judicial agency may develop a form 30 to request financial records or may use a form developed by the 20070S0001B1583 - 14 -
1 Administrative Office of Pennsylvania Courts or the 2 clearinghouse. 3 (c) Legislative agencies.--A legislative agency may develop 4 a form to request legislative records or may use the form 5 developed by the clearinghouse. 6 Section 506. Requests. 7 (a) Disruptive requests.-- 8 (1) An agency may deny a requester access to a record if 9 the requester has made repeated requests for that same record 10 which requests have placed an unreasonable burden on the 11 agency. 12 (2) A denial under this subsection shall not restrict 13 the ability to request a different record. 14 (b) Disaster or potential damage.-- 15 (1) An agency may deny a requester access: 16 (i) when timely access is not possible due to fire, 17 flood or other disaster; or 18 (ii) to historical, ancient or rare documents, 19 records, archives and manuscripts when access may, in the 20 professional judgment of the curator or custodian of 21 records, cause physical damage or irreparable harm to the 22 record. 23 (2) To the extent possible, the contents of a record 24 under this subsection shall be made accessible to a requester 25 even when the record is physically unavailable. 26 (c) Agency discretion.--An agency may exercise its 27 discretion to make any otherwise exempt record accessible for 28 inspection and copying under this chapter, if all of the 29 following apply: 30 (1) Disclosure of the record is not prohibited under any 20070S0001B1583 - 15 -
1 of the following: 2 (i) Federal or State law or regulation. 3 (ii) Judicial order or decree. 4 (2) The record is not protected by a privilege. 5 (3) The agency head determines that the public interest 6 favoring access outweighs any individual, agency or public 7 interest that may favor restriction of access. 8 (d) Agency possession.-- 9 (1) A public record that is not in the possession of an 10 agency but is in the possession of a party with whom the 11 agency has contracted to perform a governmental function for 12 the agency, and which directly relates to the governmental 13 function and is not exempt under section 305, shall be 14 considered a public record of the agency for purposes of this 15 act. 16 (2) Nothing in this act shall be construed to require 17 access to any other public record of the party in possession 18 of the record. 19 (3) A request for a public record in possession of a 20 party other than the agency shall be submitted to the open 21 records officer of the agency. The open records officer shall 22 assess the duplication fee established under section 1307(b) 23 and remit the fee to the party in possession of the record if 24 the party duplicated the record. 25 Section 507. Retention of records. 26 Nothing in this act shall be construed to modify, rescind or 27 supersede any record retention disposition schedule of an agency 28 established pursuant to law, regulation, policy or other 29 directive. 30 CHAPTER 7 20070S0001B1583 - 16 -
1 PROCEDURE 2 Section 701. Access to public records. <-- 3 (a) General rule.--Unless otherwise provided by law, a 4 public record, legislative record or financial record shall be 5 accessible for inspection and duplication in accordance with 6 this act. A record shall be provided to a requester in the 7 medium requested if the public record exists in that medium; <-- 8 otherwise, it shall be provided in the medium in which it 9 exists. Public records, legislative records or financial records 10 shall be available for access during the regular business hours 11 of an agency. 12 (b) Construction.--Nothing in this act shall be construed to 13 require access to the computer of an agency or individual 14 employee of an agency. 15 Section 702. Requests. 16 Agencies may fulfill informal verbal, written or anonymous 17 verbal or written requests for access to records under this act. 18 In the event that the requester wishes to pursue the relief and 19 remedies provided for in this act, the requester must initiate 20 such relief with a written request. 21 Section 703. Written requests. 22 A written request for access to records may be submitted in 23 person, by mail, by e-mail, by facsimile or, to the extent 24 provided by agency rules, any other electronic means. A written 25 request shall be addressed to the agency head or open-records 26 officer designated in section 502. A written request should 27 identify or describe the records sought with sufficient 28 specificity to enable the agency to ascertain which records are 29 being requested and shall include the name and address to which 30 the agency should address its response. A written request need 20070S0001B1583 - 17 -
1 not include any explanation of the requester's reason for 2 requesting or intended use of the records. 3 Section 704. Electronic access. 4 (a) General rule.--In addition to the requirements of 5 section 701, an agency may make its records available through 6 any publicly accessible electronic means. 7 (b) Response.-- 8 (1) In addition to the requirements of section 701, an 9 agency may respond to a request by notifying the requester 10 that the record is available through publicly accessible 11 electronic means or that the agency will provide access to 12 inspect the record electronically. 13 (2) If the requester is unwilling or unable to use the 14 electronic access, the requester may submit a written request 15 to the agency, within 30 days following receipt of the agency 16 notification, to have the record converted to paper. The 17 agency shall provide the record in printed form within five 18 days of the receipt of the written request for conversion to 19 paper. 20 Section 705. Creation of record. 21 When responding to a request for access, an agency shall not 22 be required to create a record which does not currently exist or 23 to compile, maintain, format or organize a record in a manner in 24 which the agency does not currently compile, maintain, format or 25 organize the record. 26 Section 706. Redaction. 27 If an agency determines that a public record, legislative 28 record or financial record contains information which is subject 29 to access as well as information which is not subject to access 30 under section 305 or 708, the agency's response shall grant 20070S0001B1583 - 18 -
1 access to the information which is subject to access and deny 2 access to the information which is not subject to access. If the 3 information which is not subject to access is an integral part 4 of the public record, legislative record or financial record and 5 cannot be separated, the agency shall redact from the record the 6 information which is not subject to access, and the response 7 shall grant access to the information which is subject to 8 access. The agency may not deny access to the record if the 9 information which is not subject to access is able to be 10 redacted. Information which an agency redacts in accordance with 11 this subsection shall be deemed a denial under Chapter 9. 12 Section 707. Production of certain records. 13 (a) General rule.--If, in response to a request, an agency 14 produces a record that is not a public record, legislative 15 record or financial record, the agency shall notify any third 16 party that provided the record to the agency, the person that is 17 the subject of the record and the requester. 18 (b) Requests for trade secrets.--An agency shall notify a 19 third party of a request for a record if the third party 20 provided the record and included a written statement signed by a 21 representative of the third party that the record contains a 22 trade secret or confidential proprietary information. 23 Notification shall be provided within five business days of 24 receipt of the request for the record. The third party shall 25 have five business days from receipt of notification from the 26 agency to provide input on the release of the record. The agency 27 shall deny the request for the record or release the record 28 within ten business days of the provision of notice to the third 29 party and shall notify the third party of the decision. 30 (c) Transcripts.-- 20070S0001B1583 - 19 -
1 (1) Except as set forth in paragraph (2), a transcript <-- 2 of an administrative proceeding shall not become a public 3 record until the final adjudication. 4 (2) Transcripts shall be provided to parties and their 5 attorneys prior to final adjudication by the agency 6 (1) PRIOR TO AN ADJUDICATION BECOMING FINAL, BINDING AND <-- 7 NONAPPEALABLE, A TRANSCRIPT OF AN ADMINISTRATIVE PROCEEDING 8 SHALL BE PROVIDED TO A REQUESTER BY THE AGENCY stenographer 9 or a court reporter, in accordance with agency procedure or 10 an applicable contract. 11 (2) FOLLOWING AN ADJUDICATION BECOMING FINAL, BINDING <-- 12 AND NONAPPEALABLE, A TRANSCRIPT OF AN ADMINISTRATIVE 13 PROCEEDING SHALL BE PROVIDED TO A REQUESTER IN ACCORDANCE 14 WITH THE DUPLICATION RATES ESTABLISHED IN SECTION 1307(B). 15 Section 708. Exceptions for public records. 16 (a) Burden of proof.--The burden of proving that a public 17 record is exempt from public access shall be on the Commonwealth 18 or local agency receiving a request by a preponderance of the 19 evidence. 20 (b) Exceptions.--In the case of a public record, unless 21 disclosure is otherwise required by law, the following are 22 exempt from access by a requester under this act: 23 (1) A record the disclosure of which: 24 (i) would result in the loss of Federal or State 25 funds by an agency or the Commonwealth; or 26 (ii) would be reasonably likely to result in a 27 substantial and demonstrable risk of physical harm to an 28 individual. 29 (2) A record maintained by an agency in connection with 30 the military, homeland security, national defense, law 20070S0001B1583 - 20 -
1 enforcement or other public safety activity that if disclosed 2 would be reasonably likely to jeopardize or threaten public 3 safety or preparedness or public protection activity or a 4 record that is designated classified by an appropriate 5 Federal or State military authority. 6 (3) A record, the disclosure of which creates a 7 reasonable likelihood of endangering the life, safety or the 8 physical security of a building, public utility, resource, 9 infrastructure, facility or information storage system, which 10 may include: 11 (i) documents or data relating to computer hardware, 12 source files, software and system networks that could 13 jeopardize computer security by exposing a vulnerability 14 in preventing, protecting against, mitigating or 15 responding to a terrorist act; 16 (ii) lists of infrastructure, resources and 17 significant special events, including those defined by 18 the Federal Government in the National Infrastructure 19 Protections, which are deemed critical due to their 20 nature and which result from risk analysis; threat 21 assessments; consequences assessments; antiterrorism 22 protective measures and plans; counterterrorism measures 23 and plans; and security and response needs assessments; 24 and 25 (iii) building plans or infrastructure records that 26 expose or create vulnerability through disclosure of the 27 location, configuration or security of critical systems, 28 including public utility systems, structural elements, 29 technology, communication, electrical, fire suppression, 30 ventilation, water, wastewater, sewage and gas systems. 20070S0001B1583 - 21 -
1 (4) A record regarding computer hardware, software and 2 networks, including administrative or technical records, 3 which, if disclosed, would be reasonably likely to jeopardize 4 computer security. 5 (5) A record of an individual's medical, psychiatric or 6 psychological history or disability status, including 7 evaluation, consultation, a prescription, diagnosis or 8 treatment; results of tests, including drug tests; enrollment 9 in a health care program or program designed for 10 participation by persons with disabilities, including 11 vocation rehabilitation, workers' compensation and 12 unemployment compensation; or related information that would 13 disclose individually identifiable health information. 14 (6) (i) The following personal identification 15 information: 16 (A) A record containing all or part of an 17 individual's Social Security number; driver's license 18 number; personal financial information of an 19 individual; home, cellular or personal telephone 20 number; personal e-mail address; employee number; 21 other CONFIDENTIAL personal identification number. <-- 22 (B) A spouse's name; marital status, beneficiary 23 or dependent information. 24 (ii) Nothing in this paragraph shall preclude the 25 release of the name, position, salary, actual 26 compensation or other payments or expenses, employment 27 contract, EMPLOYMENT-RELATED CONTRACT or agreement and <-- 28 length of service of a public official or an agency 29 employee. 30 (iii) An agency may redact the name or other 20070S0001B1583 - 22 -
1 identifying information relating to an individual 2 performing an undercover or covert law enforcement 3 activity from a record. 4 (7) The following records relating to an agency 5 employee: 6 (i) A letter of reference or recommendation 7 pertaining to the character or qualifications of an 8 identifiable individual, unless it was prepared in 9 relation to the appointment of an individual to fill a 10 vacancy in an elected office or an appointed office 11 requiring Senate confirmation. 12 (ii) A performance rating or review. 13 (iii) The result of a civil service or similar test 14 administered by a Commonwealth agency, legislative agency 15 or judicial agency. The result of a civil service or 16 similar test administered by a local agency shall not be 17 disclosed if restricted by a collective bargaining 18 agreement. Only test scores of individuals who obtained a 19 passing score on a test administered by a local agency 20 may be disclosed. 21 (iv) The employment application of an individual who 22 is not hired by the agency. 23 (v) Workplace support services program information. 24 (vi) Written criticisms of an employee. 25 (vii) Grievance material, including documents 26 related to discrimination or sexual harassment. 27 (viii) (A) Information regarding discipline, 28 demotion or discharge contained in a personnel file. 29 (B) This subparagraph shall not apply to the 30 final action of an agency that results in demotion or 20070S0001B1583 - 23 -
1 discharge.
2 (8) (i) A record pertaining to strategy or negotiations
3 relating to labor relations or collective bargaining or
4 arbitration award.
5 (ii) This paragraph does not apply to any final or
6 executed contract or agreement or arbitration award <--
7 between the parties OR TO ANY ARBITRATION AWARD. <--
8 (9) The draft of a bill, resolution, regulation,
9 statement of policy, management directive, ordinance or
10 amendment thereto prepared by or for an agency.
11 (10) (i) A record that reflects:
12 (A) The internal, predecisional deliberations of
13 an agency, its members, employees or officials or
14 predecisional deliberations between agency members,
15 employees or officials and members, employees or
16 officials of another agency, including predecisional
17 deliberations relating to a budget recommendation,
18 legislative proposal, legislative amendment,
19 contemplated or proposed policy or course of action
20 or any research, memos or other documents used in the
21 predecisional deliberations.
22 (B) The strategy to be used to develop or
23 achieve the successful adoption of a budget,
24 legislative proposal or regulation.
25 (ii) This paragraph applies to:
26 (A) The Governor's Office, the head of a
27 Commonwealth agency and the staff of the Governor or
28 agency.
29 (B) The chief executive officer or governing
30 body of a local agency, or a member or staff of the
20070S0001B1583 - 24 -
1 local agency prior to the presentation of the 2 decision, policy, proposal or course of action to a 3 quorum of the governing body. 4 (iii) This paragraph does not apply to a written 5 application or other document used to request 6 Commonwealth funds. 7 (11) A record that constitutes or reveals a trade secret 8 or confidential proprietary information. 9 (12) Notes and working papers prepared by or for a 10 public official or agency employee used solely for that 11 official's or employee's own personal use, including 12 telephone message slips, routing slips and other materials 13 that do not have an official purpose. 14 (13) Records that would disclose the identity of an 15 individual who lawfully makes a donation to an agency unless 16 the donation is intended for or restricted to providing 17 remuneration or personal tangible benefit to a named public 18 official or employee of the agency, including lists of 19 potential donors compiled by an agency to pursue donations, 20 donor profile information or personal identifying information 21 relating to a donor. 22 (14) Unpublished lecture notes, unpublished manuscripts, 23 unpublished articles, creative works in progress, research- 24 related material and scholarly correspondence of a community 25 college or an institution of the State System of Higher 26 Education or a faculty member, staff employee, guest speaker 27 or student thereof. 28 (15) Examination questions, scoring keys or answers to 29 an examination. 30 (16) A record of an agency relating to or resulting in a 20070S0001B1583 - 25 -
1 criminal investigation, including: 2 (i) Complaints of potential criminal conduct other 3 than a private criminal complaint. 4 (ii) Investigative materials, notes, correspondence 5 and reports. 6 (iii) A record that includes the identity of a 7 confidential source or the identity of a suspect who has 8 not been charged with an offense to whom confidentiality 9 has been promised. 10 (iv) A record that includes information made 11 confidential by law or court order. 12 (v) Victim information, including any information 13 that would jeopardize the safety of the victim. 14 (vi) A record that, if disclosed, would do any of 15 the following: 16 (A) Reveal the institution, progress or result 17 of a criminal investigation, except the filing of 18 criminal charges. 19 (B) Deprive a person of the right to a fair 20 trial or an impartial adjudication. 21 (C) Impair the ability to locate a defendant or 22 codefendant. 23 (D) Hinder an agency's ability to secure an 24 arrest, prosecution or conviction. 25 (E) Endanger the life or physical safety of an 26 individual. 27 THIS PARAGRAPH SHALL NOT APPLY TO INFORMATION CONTAINED IN A <-- 28 POLICE BLOTTER AS DEFINED IN 18 PA.C.S. § 9102 (RELATING TO 29 DEFINITIONS) OR IN A TRAFFIC REPORT. 30 (17) A record of an agency relating to a noncriminal 20070S0001B1583 - 26 -
1 investigation, including: 2 (i) Complaints submitted to an agency. 3 (ii) Investigative materials, notes, correspondence 4 and reports. 5 (iii) A record that includes the identity of a 6 confidential source, including individuals subject to the 7 act of December 12, 1986 (P.L.1559, No.169), known as the 8 Whistleblower Law. 9 (iv) A record that includes information made 10 confidential by law. 11 (v) Work papers underlying an audit. 12 (vi) A record that, if disclosed, would do any of 13 the following: 14 (A) Reveal the institution, progress or result 15 of an agency investigation, except the imposition of 16 a fine or civil penalty or the suspension, 17 modification or revocation of a license, permit, 18 registration, certification or similar authorization 19 issued by an agency. 20 (B) Deprive a person of the right to an 21 impartial adjudication. 22 (C) Constitute an unwarranted invasion of 23 privacy. 24 (D) Hinder an agency's ability to secure an 25 administrative or civil sanction. 26 (E) Endanger the life or physical safety of an 27 individual. 28 (18) 911 recordings. 29 (19) DNA records. 30 (20) An autopsy record of a coroner or medical examiner 20070S0001B1583 - 27 -
1 and any audiotape of a postmortem examination or autopsy, or 2 a copy, reproduction or facsimile of a photograph, negative 3 or print, including a photograph or videotape of the body or 4 any portion of the body of a deceased person at the scene of 5 death or in the course of a postmortem examination or autopsy 6 taken or made by or caused to be taken or made by the coroner 7 or medical examiner. This exception shall not limit the 8 reporting of the name of the deceased individual, the cause 9 of death and whether the death was caused by criminal 10 activity or criminal negligence in accordance with section 11 1251 of the act of August 9, 1955 (P.L.323, No.130), known as 12 The County Code. 13 (21) Minutes of an executive session and any record of 14 discussions held in executive session. 15 (22) (i) The contents of real estate appraisals, 16 engineering or feasibility estimates, environmental 17 reviews, audits or evaluations made for or by an agency 18 relative to the following: 19 (A) The leasing, acquiring or disposing of real 20 property. 21 (B) The purchase of public supplies or equipment 22 included in the real estate transaction. 23 (C) Construction projects. 24 (ii) This paragraph does not apply once the decision 25 is made to proceed with the lease, acquisition or 26 disposal of real property or the purchase of public 27 supply or construction project. 28 (23) Library and archive circulation and order records 29 of an identifiable individual or groups of individuals. 30 (24) Library archived and museum materials, or valuable 20070S0001B1583 - 28 -
1 or rare book collections or documents contributed by gift, 2 grant, bequest or devise, to the extent of any limitations 3 imposed by the donor as a condition of the contribution. 4 (25) A record identifying the location of an 5 archeological site or an endangered or threatened plant or 6 animal species if not already known to the general public. 7 (26) A proposal pertaining to agency procurement or 8 disposal of supplies, services or construction prior to the 9 award of the contract or prior to the opening and rejection 10 of all bids; financial information of a bidder or offeror 11 requested in an invitation for bid or request for proposals 12 to demonstrate the bidder's or offeror's economic capability; 13 or the identity of members, notes and other records of agency 14 proposal evaluation committees established under 62 Pa.C.S. § 15 513 (relating to competitive sealed proposals). 16 (27) A record or information relating to a communication 17 between an agency and its insurance carrier, administrative 18 service organization or risk management office. This 19 paragraph does not apply to a contract with an insurance 20 carrier, administrative service organization or risk 21 management office or to financial records relating to the 22 provision of insurance. 23 (28) A record or information: 24 (i) identifying an individual who applies for or 25 receives social services; or 26 (ii) relating to the following: 27 (A) the type of social services received by an 28 individual; 29 (B) an individual's application to receive 30 social services, including a record or information 20070S0001B1583 - 29 -
1 related to an agency decision to grant, deny, reduce
2 or restrict benefits, including a quasi-judicial
3 decision of the agency and the identity of a
4 caregiver or others who provide services to the
5 individual; or
6 (C) eligibility to receive social benefits,
7 including the individual's income, assets, physical
8 or mental health, age, disability, family
9 circumstances or record of abuse.
10 (c) Financial records.--The exceptions set forth in
11 subsection (b) shall not apply to financial records, except for
12 financial records protected under subsection (b)(1), (2), (3) or
13 (4), personal financial information or individual medical
14 information PROTECTED under subsection (b)(5). An agency may <--
15 redact that portion of a financial record which would disclose
16 information protected by UNDER subsection (b)(6) or disclose the <--
17 identity of a crime victim, confidential source or an individual
18 performing an undercover or covert law enforcement activity
19 PROTECTED under subsection (b)(16) or (17). <--
20 (d) Aggregated data.--The exceptions set forth in subsection
21 (b) shall not apply to aggregated data, maintained or received
22 by an agency, except for data protected under subsection (b)(1),
23 (2), (3) or (4).
24 CHAPTER 9
25 AGENCY RESPONSE
26 Section 901. General rule.
27 Upon receipt of a written request for access to a record, an
28 agency shall make a good faith effort to determine if the record
29 requested is a public record, legislative record or financial
30 record and whether the agency has possession, custody or control
20070S0001B1583 - 30 -
1 of the identified record, and to respond as promptly as possible 2 under the circumstances existing at the time of the request. The 3 time for response shall not exceed five business days from the 4 date the written request is received by the agency head or open- 5 records officer for an agency. If the agency fails to send the 6 response within five business days of receipt of the written 7 request for access, the written request for access shall be 8 deemed denied. 9 Section 902. Extension of time. 10 (a) Determination.--Upon receipt of a written request for 11 access, the open-records officer for an agency shall determine 12 if one of the following applies: 13 (1) the request for access requires redaction of a 14 record in accordance with section 706; 15 (2) the request for access requires the retrieval of a 16 record stored in a remote location; 17 (3) a timely response to the request for access cannot 18 be accomplished due to bona fide and specified staffing 19 limitations; 20 (4) a legal review is necessary to determine whether the 21 record is a record subject to access under this act; 22 (5) the requester has not complied with the Commonwealth 23 agency's policies regarding access to records; 24 (6) the requester refuses to pay applicable fees 25 authorized by this act; or 26 (7) the extent or nature of the request precludes a 27 response within the required time period. 28 (b) Notice.-- 29 (1) Upon a determination that one of the factors listed 30 in subsection (a) applies, the open-records officer shall 20070S0001B1583 - 31 -
1 send written notice to the requester within five business 2 days of receipt of the request for access under subsection 3 (a). 4 (2) The notice shall include a statement notifying the 5 requester that the request for access is being reviewed, the 6 reason for the review and a reasonable date that a response 7 is expected to be provided. If the date that a response is 8 expected to be provided is in excess of 30 days, following 9 the five business days allowed for in section 901, the 10 request for access shall be deemed denied unless the 11 requester has agreed in writing for an extension to the date 12 specified in the notice. 13 (3) If the requester agrees to the extension, the 14 request shall be deemed denied on the day following the date 15 specified in the notice if the agency has not provided a 16 response by that date. 17 Section 903. Denial. 18 If an agency's response is a denial of a written request for 19 access, whether in whole or in part, a written response shall be 20 issued and include: 21 (1) A description of the record requested. 22 (2) The specific reasons for the denial, including a 23 citation of supporting legal authority. 24 (3) The typed or printed name, title, business address, 25 business telephone number and signature of the agency head or 26 open-records officer on whose authority the denial is issued. 27 (4) Date of the response. 28 (5) The procedure to appeal the denial of access under 29 this act. 30 Section 904. Certified copies. 20070S0001B1583 - 32 -
1 If an agency's response grants a request for access, the 2 agency shall, upon request, provide the requester with a 3 certified copy of the record if the requester pays the 4 applicable fees pursuant to section 1307. 5 CHAPTER 11 6 APPEAL OF AGENCY DETERMINATION 7 Section 1101. Filing of appeal. 8 (a) Authorization.-- 9 (1) If a written request for access is denied or deemed 10 denied, the requester may file an appeal with the 11 clearinghouse or other appropriate appeals officer within 15 12 business days of the mailing date of the agency's response or 13 within 15 business days of a deemed denial. The appeal shall 14 state the grounds upon which the requester asserts that the 15 record is a public record, legislative record or financial 16 record and shall address any grounds stated by the agency for 17 delaying or denying the request. 18 (2) In the case of an appeal of a decision by a 19 Commonwealth agency or local agency, the clearinghouse shall 20 assign an appeals officer to review the denial. 21 (b) Determination.-- 22 (1) Unless the requester agrees otherwise, the appeals 23 officer shall make a final determination which shall be 24 mailed to the requester and the agency within 30 days of 25 receipt of the appeal filed under subsection (a). 26 (2) If the appeals officer fails to issue a final 27 determination within 30 days, the appeal is deemed denied. 28 (3) Prior to issuing a final determination, a hearing 29 may be conducted. The determination by the appeals officer 30 shall be a final order. The appeals officer shall provide a 20070S0001B1583 - 33 -
1 written explanation of the reason for the decision to the 2 requester and the agency. 3 (c) Direct interest.-- 4 (1) A person other than the agency or requester with a 5 direct interest in the record subject to an appeal under this 6 section may, within 15 calendar days following receipt of 7 actual knowledge of the appeal but no later than the date the 8 appeals officer issues an order, file a written request to 9 provide information or appear before the appeals officer or 10 to file information in support of the requester's or agency's 11 position. 12 (2) The appeals officer may grant the request if: 13 (i) no hearing has been held; 14 (ii) the office has not yet issued its order; and 15 (iii) the appeals officer believes the information 16 will be probative. 17 (3) Copies of the written request shall be sent to the 18 agency and the requester. 19 Section 1102. Appeals officers. 20 (a) Scope.--This section applies to all agencies. 21 (b) Duties.--The appeals officer shall do all of the 22 following: 23 (1) Set a schedule for the requester and the open- 24 records officer to submit documents in support of their 25 positions. 26 (2) Review all information filed relating to the 27 request. The appeals officer may hold a hearing. A decision 28 to hold or not to hold a hearing is not appealable. The 29 appeals officer may admit into evidence testimony, evidence 30 and documents that the appeals officer believes to be 20070S0001B1583 - 34 -
1 reasonably probative and relevant to an issue in dispute. The
2 appeals officer may limit the nature and extent of evidence
3 found to be cumulative.
4 (3) Consult with agency counsel as appropriate.
5 (4) Issue a final determination on behalf of the agency.
6 (c) Procedures.--The clearinghouse, a judicial agency or a
7 legislative agency may adopt procedures relating to appeals
8 under this chapter.
9 (1) If an appeal is resolved without a hearing, 1 Pa.
10 Code Pt. II (relating to general rules of administrative
11 practice and procedure) does not apply except to the extent
12 that the clearinghouse, legislative agency or judicial agency
13 has adopted these chapters in its regulations or rules.
14 (2) If a hearing is held, 1 Pa. Code Pt. II shall apply
15 unless the clearinghouse, the judicial agency or the
16 legislative agency has adopted regulations or rules to the
17 contrary.
18 (3) In the absence of a regulation or rule governing
19 appeals under this chapter, the appeals officer shall rule on
20 procedural matters on the basis of justice, fairness and the
21 expeditious resolution of the dispute.
22 CHAPTER 13
23 JUDICIAL REVIEW
24 Section 1301. Commonwealth agencies, legislative agencies and
25 judicial agencies.
26 (a) General rule.--Within 30 days of the mailing date of the
27 final determination of the appeals officer relating to a
28 decision of a Commonwealth agency, a legislative agency or a
29 judicial agency issued under section 1103 1101(B) or the date a <--
30 request for access is deemed denied, a requester or the agency
20070S0001B1583 - 35 -
1 may file a petition for review or other document as might be
2 required by rule of court with the Commonwealth Court. The
3 decision of the court shall contain findings of fact and
4 conclusions of law based upon the evidence as a whole. The
5 decision shall clearly and concisely explain the rationale for
6 the decision.
7 (b) Stay.--An appeal under this section shall stay the
8 release of documents until a decision under subsection (a) is
9 issued.
10 Section 1302. Local agencies.
11 (a) General rule.--Within 30 days of the mailing date of the
12 final determination of the appeals officer relating to a
13 decision of a local agency issued under section 1103 1101(B) or <--
14 of the date a request for access is deemed denied, a requester
15 or local agency may file a petition for review or other document
16 as required by rule of court with the court of common pleas for
17 the county where the local agency is located. The decision of
18 the court shall contain findings of fact and conclusions of law
19 based upon the evidence as a whole. The decision shall clearly
20 and concisely explain the rationale for the decision.
21 (b) Stay.--An appeal under this section shall stay the
22 release of documents until a decision under subsection (a) is
23 issued.
24 Section 1303. Notice and records.
25 (a) Notice.--An agency, the requester and the appeals
26 officer shall be served notice of actions commenced in
27 accordance with section 1301 or 1302 and shall have an
28 opportunity to respond in accordance with applicable court
29 rules.
30 (b) Record on appeal.--The record before a court shall
20070S0001B1583 - 36 -
1 consist of the request, the agency's response, the appeal filed 2 under section 1101, the hearing transcript, if any, and the 3 final written determination of the appeals officer. 4 Section 1304. Court costs and attorney fees. 5 (a) Reversal of agency determination.--If a court reverses 6 the final determination of the appeals officer or grants access 7 after a request for access was deemed denied, the court may 8 award reasonable attorney fees and costs of litigation or an 9 appropriate portion thereof to a requester if the court finds 10 either of the following: 11 (1) the agency receiving the original request willfully 12 or with wanton disregard deprived the requester of access to 13 a public record subject to access or otherwise acted in bad 14 faith under the provisions of this act; or 15 (2) the exemptions, exclusions or defenses asserted by 16 the agency in its final determination were not based on a 17 reasonable interpretation of law. 18 (b) Sanctions for frivolous requests or appeals.--The court 19 may award reasonable attorney fees and costs of litigation or an 20 appropriate portion thereof to an agency or the requester if the 21 court finds that the legal challenge under this chapter was 22 frivolous. 23 (c) Other sanctions.--Nothing in this act shall prohibit a 24 court from imposing penalties and costs in accordance with 25 applicable rules of court. 26 Section 1305. Civil penalty. 27 (a) Denial of access.--A court may impose a civil penalty of 28 not more than $1,000 if an agency denied access to a public 29 record in bad faith. 30 (b) Failure to comply with court order.--An agency or public 20070S0001B1583 - 37 -
1 official who does not promptly comply with a court order under
2 this act is subject to a civil penalty of not more than $500 per
3 day until the public records are provided.
4 Section 1306. Immunity.
5 (a) General rule.--Except as provided in sections 1304 and
6 1305 and other statutes governing the release of records, no
7 agency, public official or public employee shall be liable for
8 civil or criminal damages or penalties resulting from compliance <--
9 or failure to comply with this act.
10 (b) Schedules.--No agency, public official or public
11 employee shall be liable for civil or criminal damages or
12 penalties under this act for complying with any written public
13 record retention and disposition schedule.
14 Section 1307. Fee limitations.
15 (a) Postage.--Fees for postage may not exceed the actual
16 cost of mailing.
17 (b) Duplication.--
18 (1) Fees for duplication by photocopying, printing from
19 electronic media or microfilm, copying onto electronic media,
20 transmission by facsimile or other electronic means and other
21 means of duplication shall be established:
22 (i) by the clearinghouse, for Commonwealth agencies
23 and local agencies;
24 (ii) by each judicial agency; and
25 (iii) by each legislative agency.
26 (2) The fees must be reasonable and based on prevailing
27 fees for comparable duplication services provided by local
28 business entities.
29 (3) Fees for local agencies may reflect regional price
30 differences.
20070S0001B1583 - 38 -
1 (4) Fees for copying complex and extensive data sets, <-- 2 including geographic information systems and OF GEOGRAPHIC <-- 3 INFORMATION SYSTEMS OR integrated property assessment lists 4 may be based on consideration of the reasonable market value 5 of the same or closely related data sets. 6 (c) Certification.--An agency may impose reasonable fees for 7 official certification of copies if the certification is at the 8 behest of the requester and for the purpose of legally verifying 9 the public record. 10 (d) Conversion to paper.--If a record is only maintained 11 electronically or in other nonpaper media, duplication fees 12 shall be limited to the lesser of the fee for duplication on 13 paper or the fee for duplication in the original media as 14 provided by subsection (b) unless the requester specifically 15 requests for the record to be duplicated in the more expensive 16 medium. 17 (e) Enhanced electronic access.--If an agency offers 18 enhanced electronic access to records in addition to making the 19 records accessible for inspection and duplication by a requester 20 as required by this act, the agency may establish user fees 21 specifically for the provision of the enhanced electronic 22 access, but only to the extent that the enhanced electronic 23 access is in addition to making the records accessible for 24 inspection and duplication by a requester as required by this 25 act. The user fees for enhanced electronic access may be a flat 26 rate, a subscription fee for a period of time, a per-transaction 27 fee, a fee based on the cumulative time of system access or any 28 other reasonable method and any combination thereof. The user 29 fees for enhanced electronic access must be reasonable, must be 30 approved by the clearinghouse and may not be established with 20070S0001B1583 - 39 -
1 the intent or effect of excluding persons from access to records 2 or duplicates thereof or of creating profit for the agency. 3 (f) Waiver of fees.--An agency may waive the fees for 4 duplication of a record, including, but not limited to, when: 5 (1) the requester duplicates the record; or 6 (2) the agency deems it is in the public interest to do 7 so. 8 (g) Limitations.--Except as otherwise provided by statute, 9 no other fees may be imposed unless the agency necessarily 10 incurs costs for complying with the request, and such fees must 11 be reasonable. No fee may be imposed for an agency's review of a 12 record to determine whether the record is a public record, 13 legislative record or financial record subject to access in 14 accordance with this act. 15 (h) Prepayment.--Prior to granting a request for access in 16 accordance with this act, an agency may require a requester to 17 prepay an estimate of the fees authorized under this section if 18 the fees required to fulfill the request are expected to exceed 19 $100. 20 Section 1308. Prohibition. 21 A policy, rule or regulation adopted under this act may not 22 include any of the following: 23 (1) A limitation on the number of records which may be 24 requested or made available for inspection or duplication. 25 (2) A requirement to disclose the purpose or motive in 26 requesting access to records. 27 Section 1309. Practice and procedure. 28 The provisions of 2 Pa.C.S. (relating to administrative law 29 and procedure) shall not apply to this act unless specifically 30 adopted by rule or regulation. 20070S0001B1583 - 40 -
1 Section 1310. Clearinghouse. 2 (a) Establishment.--There is hereby established in the 3 Department of Community and Economic Development an Open Records 4 Clearinghouse. The clearinghouse shall do all of the following: 5 (1) Provide information relating to the implementation 6 and enforcement of this act. 7 (2) Issue advisory opinions to agencies and requesters. 8 (3) Provide annual training courses to agencies on this 9 act and 65 Pa.C.S. Ch. 7 (relating to open meetings). 10 (4) Provide annual, regional training courses to local 11 agencies. 12 (5) Review appeals of decisions by Commonwealth agencies 13 or local agencies except as provided in section 503(d) filed 14 under section 1101 and issue orders and opinions. The 15 clearinghouse shall employ or contract with attorneys to 16 serve as appeals officers to review appeals and, if 17 necessary, to hold hearings on a regional basis under this 18 act. Each appeals officer must comply with all of the 19 following: 20 (i) Complete a training course provided by the 21 clearinghouse prior to acting as an appeals officer. 22 (ii) If a hearing is necessary, hold hearings 23 regionally as necessary to ensure access to the remedies 24 provided by this act. 25 (iii) Comply with the procedures under section 26 1102(b). 27 (6) Establish an informal mediation program to resolve 28 disputes under this act. 29 (7) Establish an Internet website with information 30 relating to this act, including advisory opinions and 20070S0001B1583 - 41 -
1 decisions and the name and address of all open records 2 officers in this Commonwealth. 3 (8) Conduct a biannual review of fees charged under this 4 act. 5 (9) Annually report on its activities and findings to 6 the Governor and the General Assembly. The report shall be 7 posted and maintained on the Internet website established 8 under paragraph (7). 9 (b) Executive director.--The Governor shall appoint an 10 executive director of the clearinghouse who shall serve for a 11 term of six years. Compensation shall be set by the Executive 12 Board established under section 204 of the act of April 9, 1929 13 (P.L.177, No.175), known as The Administrative Code of 1929. The 14 executive director may serve no more than two terms. 15 (c) Limitation.--The executive director shall not seek 16 election nor accept appointment to any political office during 17 his tenure as executive director and for one year thereafter. 18 (d) Staffing.--The executive director shall appoint 19 attorneys to act as appeals officers and additional clerical, 20 technical and professional staff as may be appropriate and may 21 contract for additional services as necessary for the 22 performance of the executive director's function. The 23 compensation of attorneys and other staff shall be set by the 24 Executive Board. 25 (e) Duties.--The executive director shall ensure that the 26 duties of the clearinghouse are carried out and shall monitor 27 cases appealed to the clearinghouse. 28 (f) Appropriation.--The appropriation for the clearinghouse 29 shall be in a separate line item and shall be under the 30 jurisdiction of the executive director. 20070S0001B1583 - 42 -
1 CHAPTER 15 2 STATE-RELATED INSTITUTIONS 3 Section 1501. Definition. 4 As used in this chapter, "State-related institution" means 5 any of the following: 6 (1) Temple University. 7 (2) The University of Pittsburgh. 8 (3) The Pennsylvania State University. 9 (4) Lincoln University. 10 Section 1502. Reporting. 11 No later than May 30 of each year, a State-related 12 institution shall file with the Governor's Office, the General 13 Assembly, the Auditor General and the State Library the 14 information set forth in section 1503. 15 Section 1503. Contents of report. 16 The report required under section 1502 shall include the 17 following: 18 (1) Except as provided in paragraph (4), all information 19 required by Form 990 or an equivalent form, of the United 20 States Department of the Treasury, Internal Revenue Service, 21 entitled the Return of Organization Exempt From Income Tax, 22 regardless of whether the State-related institution is 23 required to file the form by the Federal Government. 24 (2) The salaries of all officers and directors of the 25 State-related institution. 26 (3) The highest 25 salaries paid to employees of the 27 institution that are not included under paragraph (2). 28 (4) The report shall not include information relating to 29 individual donors. 30 Section 1504. Copies and posting. 20070S0001B1583 - 43 -
1 A State-related institution shall maintain, for at least 2 seven years, a copy of the report in the institution's library 3 and shall provide free access to the report on the institution's 4 Internet website. 5 CHAPTER 17 6 STATE CONTRACT INFORMATION 7 Section 1701. Submission and retention of contracts. 8 (a) General rule.--Whenever any Commonwealth agency, 9 legislative agency or judicial agency shall enter into any 10 contract involving any property, real, personal or mixed of any 11 kind or description or any contract for personal services where 12 the consideration involved in the contract is $5,000 or more, a 13 copy of the contract shall be furnished to the Treasury 14 Department within ten days after the contract is executed on 15 behalf of the Commonwealth agency, legislative agency or 16 judicial agency or otherwise becomes an obligation of the 17 Commonwealth agency, legislative agency or judicial agency. The 18 provisions of this subsection shall not apply to contracts for 19 services protected by a privilege. The following shall apply: 20 (1) Each Commonwealth agency, legislative agency and 21 judicial agency shall submit contracts in a form and 22 structure mutually agreed upon by the Commonwealth agency, 23 legislative agency or judicial agency and the State 24 Treasurer. 25 (2) The Treasury Department may require each 26 Commonwealth agency, legislative agency or judicial agency to 27 provide a summary with each contract, which shall include the 28 following: 29 (i) Date of execution. 30 (ii) Amount of the contract. 20070S0001B1583 - 44 -
1 (iii) Beginning date of the contract. 2 (iv) End date of the contract, if applicable. 3 (v) Name of the agency entering into the contract. 4 (vi) All parties to the contract. 5 (vii) Subject matter of the contract. 6 Each agency shall create and maintain the data under this 7 paragraph in an ASCII-delimited text format, spreadsheet 8 format or other format provided by regulation. 9 (b) Retention.--Every contract filed pursuant to subsection 10 (a) shall remain on file with the Treasury Department for a 11 period of not less than four years after the end date of the 12 contract. 13 (c) Accuracy.--Each Commonwealth agency, legislative agency 14 and judicial agency is responsible for verifying the accuracy 15 and completeness of the information that it submits to the State 16 Treasurer. 17 Section 1702. Public availability of contracts. 18 (a) General rule.--The Treasury Department shall make each 19 contract filed pursuant to section 1701 available for public 20 inspection either by posting a copy of the contract on the 21 Treasury Department's publicly accessible Internet website or by 22 posting a contract summary on the department's publicly 23 accessible Internet website. 24 (b) Posting.--The Treasury Department shall post the 25 information received pursuant to this chapter in a way that 26 allows the public to search contracts or contract summaries by 27 the categories enumerated in section 1701(a)(2). 28 (c) Request to review or receive copy of contract.--The 29 Treasury Department shall maintain a page on its publicly 30 accessible Internet website with instructions on how to request 20070S0001B1583 - 45 -
1 to review a contract and how to request a copy of a contract. 2 Requests to review or receive a copy of a contract shall be 3 allowed by letter, facsimile or e-mail. Additionally, both 4 requests shall be honored within five days of the submission of 5 the request and in the case of a request for a copy of a 6 contract it shall be provided to the individual at cost. The 7 Treasury Department may offer to provide a copy of the requested 8 contract electronically to the requester at no cost. 9 CHAPTER 31 10 MISCELLANEOUS PROVISIONS 11 Section 3101. Applicability. 12 This act applies as follows: 13 (1) This act shall apply to requests filed after the 14 effective date of this section. 15 (2) Chapter 15 shall apply to fiscal years beginning 16 after June 30, 2008. 17 (3) Chapter 17 shall apply to contracts entered into or 18 renewed after the effective date of this section. 19 (4) Section 3102(1)(ii)(B) shall apply to bids submitted 20 on or after the effective date of this section. 21 Section 3102. Repeals. 22 Repeals are as follows: 23 (1) (i) General Assembly declares that the repeals 24 under subparagraph (ii) are necessary to effectuate this 25 act. 26 (ii) The following acts and parts of acts are 27 repealed: 28 (A) The act of June 21, 1957 (P.L.390, No.212), 29 referred to as the Right-to-Know Law. 30 (B) 62 Pa.C.S. § 106. 20070S0001B1583 - 46 -
1 (2) (i) The General Assembly declares that the repeal 2 under subparagraph (ii) is necessary to effectuate 3 Chapter 17. 4 (ii) Section 1104 of the act of April 9, 1929 5 (P.L.177, No.175), known as The Administrative Code of 6 1929, is repealed. 7 Section 3103. Effective date. 8 This act shall take effect in 180 days. C26L02VDL/20070S0001B1583 - 47 -