1Amending the act of February 14, 2008 (P.L.6, No.3), entitled 
2"An act providing for access to public information, for a 
3designated open-records officer in each Commonwealth agency, 
4local agency, judicial agency and legislative agency, for 
5procedure, for appeal of agency determination, for judicial 
6review and for the Office of Open Records; imposing 
7penalties; providing for reporting by State-related 
8institutions; requiring the posting of certain State contract 
9information on the Internet; and making related repeals," 
10further providing for definitions; providing for Pennsylvania 
11Interscholastic Athletic Association; further providing for 
12requests; providing for inmate access; further providing for 
13access, for requests, for written requests, for production of 
14certain records, for exceptions for public records, for 
15agency response in general, for filing of appeal, for appeals 
16officers, for specified agencies, for fee limitations, for 
17Office of Open Records, for reporting, for contents of report 
18and for copies and posting; and providing for contracts.

19The General Assembly of the Commonwealth of Pennsylvania
20hereby enacts as follows:

21Section 1. The definitions of "confidential proprietary 
22information," "independent agency," "local agency," "personal
23financial information" and "State-affiliated entity" in section
24102 of the act of February 14, 2008 (P.L.6, No.3), known as the

1Right-to-Know Law, are amended and the section is amended by 
2adding definitions to read:

3Section 102. Definitions.

4The following words and phrases when used in this act shall
5have the meanings given to them in this section unless the
6context clearly indicates otherwise:

7* * *

8"Commercial purpose." The use of a record:

9(1) for the purpose of selling or reselling any portion
10of the record;

11(2) to obtain names and addresses from the record for
12the purpose of solicitation; or

13(3) in a manner through which the requester can
14reasonably expect to make a profit.

15The term does not include the use of a public record by an
16educational or noncommercial scientific institution for
17scholarly or scientific research or the use of a public record
18by the news media for news gathering or dissemination in a
19newspaper, periodical, digital publication or radio or
20television news broadcast.

21* * *

22"Confidential proprietary information." Commercial or 
23financial information received or created by an agency:

24(1) which is privileged or confidential; and

25(2) the disclosure of which would cause substantial harm
26to the competitive position of the person that submitted the

28* * *

29"Funding source." The General Fund, a special fund or other
30Federal or State funds appropriated by the General Assembly by

1statute or by executive authorization.

2* * *

3"Independent agency." Any board, commission, authority or
4other agency or officer of the Commonwealth, that is not subject
5to the policy supervision and control of the Governor. The term
6does not include a legislative or judicial agency.

7* * *

8"Local agency." Any of the following:

9(1) Any political subdivision, intermediate unit,
10charter school, cyber charter school or public trade or
11vocational school.

12(2) Any local, intergovernmental, regional or municipal
13agency, authority, council, board, commission or similar
14governmental entity. This paragraph includes an economic 
15development authority and an industrial development 

17(3) Any campus police department of a State-owned or
18State-related college or university.

19* * *

20"Personal financial information." An individual's personal
21credit, charge or debit card information; bank account or other 
22financial institution account information; bank, credit or
23financial statements; account or PIN numbers; forms required to 
24be filed by a taxpayer with a Federal or Commonwealth taxing 
25authority; and other information relating to an individual's
26personal finances.

27* * *

28"State-affiliated entity." A Commonwealth authority or
29Commonwealth entity. The term includes the Pennsylvania Higher
30Education Assistance Agency and any entity established thereby,

1the Pennsylvania Gaming Control Board, the Pennsylvania Game
2Commission, the Pennsylvania Fish and Boat Commission, the
3Pennsylvania Housing Finance Agency, the Pennsylvania Municipal
4Retirement Board, the State System of Higher Education, a
5community college, the Pennsylvania Turnpike Commission, the
6Pennsylvania Public Utility Commission, the Pennsylvania
7Infrastructure Investment Authority, the State Public School
8Building Authority[, the Pennsylvania Interscholastic Athletic
9Association] and the Pennsylvania Higher Educational Facilities
10Authority. The term does not include a State-related

12* * *

13"Time response log." A log created, received, maintained or 
14retained by a public-safety answering point (PSAP), as defined 
15in 35 Pa.C.S. § 5302 (relating to definitions), containing the 
16following information:

17(1) The time the call was received by the PSAP.

18(2) The time the PSAP contacted or dispatched the
19appropriate agency for response.

20(3) The time the appropriate agency responded.

21(4) The time the appropriate agency arrived on the

23(5) The time the appropriate agency became available.

24(6) The address of the incident or the cross street or
25mile marker nearest the scene of the incident.

26* * *

27Section 2. The act is amended by adding a section to read:

28Section 307. Pennsylvania Interscholastic Athletic Association.

29For purposes of this act, the Pennsylvania Interscholastic
30Athletic Association is considered to be a Commonwealth agency

1and shall provide public records in accordance with this act.

2Section 3. Section 506 of the act is amended to read:

3Section 506. Requests.

4(a) Disruptive requests.--

5(1) An agency may deny a requester access to a record if
6the requester has made repeated requests for that same record
7and the repeated requests have placed an unreasonable burden
8on the agency.

9(2) A denial under this subsection shall not restrict
10the ability to request a different record.

11(b) Disaster or potential damage.--

12(1) An agency may deny a requester access:

13(i) when timely access is not possible due to fire,
14flood or other disaster; or

15(ii) to historical, ancient or rare documents,
16records, archives and manuscripts when access may, in the
17professional judgment of the curator or custodian of
18records, cause physical damage or irreparable harm to the

20(2) To the extent possible, the contents of a record
21under this subsection shall be made accessible to a requester
22even when the record is physically unavailable.

23(c) Agency discretion.--An agency may exercise its
24discretion to make any otherwise exempt record accessible for
25inspection and copying under this chapter, if all of the
26following apply:

27(1) Disclosure of the record is not prohibited or 
28restricted under any of the following:

29(i) Federal or State law or regulation.

30(ii) Judicial order or decree.

1(2) The record is not protected by a privilege.

2(3) The agency head determines that the public interest
3favoring access outweighs any individual, agency or public
4interest that may favor restriction of access.

5(d) Agency possession.--

6(1) [A public record that is not in the possession of an
7agency but is in the possession of a party with whom the
8agency has contracted to perform a governmental function on
9behalf of the agency, and which directly relates to the
10governmental function and is not exempt under this act, shall
11be considered a public record of the agency for purposes of
12this act.] An agency which is a party to a contract shall 
13provide a copy of the contract and any public records of the 
14agency relating to the contract.

15(2) Nothing in this act shall be construed to require
16access to any other record of the party in possession of the
17public record.

18(3) A request for a public record in possession of a
19party other than the agency shall be submitted to the open
20records officer of the agency. Upon a determination that the
21record is subject to access under this act, the open records
22officer shall assess the duplication fee established under
23section 1307(b) and upon collection shall remit the fee to
24the party in possession of the record if the party duplicated
25the record.

26Section 4. The act is amended by adding a section to read:

27Section 508. Inmate access.

28(a) Status.--Except as provided in subsection (b), an inmate
29may not be a requester for purposes of this act.

30(b) Records.--An agency shall provide an inmate with copies

1of the following records as they pertain directly to the inmate
2if the disclosure of the record will not diminish the safety or
3security of any person or correctional facility:

4(1) Criminal records relating to the criminal commitment
5of the inmate.

6(2) Institutional housing information.

7(3) The inmate's financial records.

8(4) The inmate's work records.

9(5) The inmate's educational records.

10(6) The inmate's disciplinary records.

11(7) Disciplinary, housing and other policies adopted by
12the correctional institution.

13(8) A record relating to any Federal or State benefit
14received by the inmate or for which the inmate is eligible.

15(9) The inmate's tax records.

16(10) The inmate's voting records.

17(11) Records relating to any license issued to the
18inmate by a Commonwealth or local agency.

19(c) Applicability.--Nothing under this section shall
20prohibit an agency from voluntarily permitting an inmate to have
21access to records not listed under subsection (b) or prevent an
22agency from complying with a lawful subpoena or court order.

23Section 5. Sections 701, 702, 703 and 707 of the act are
24amended to read:

25Section 701. Access.

26(a) General rule.--Unless otherwise provided by law, a
27public record, legislative record or financial record shall be
28accessible for inspection and duplication in accordance with
29this act. A record being provided to a requester shall be
30provided in the medium, computer file format or other format

1requested if it exists in that medium, computer file format or 
2other format; otherwise, it shall be provided in the medium in
3which it exists. Public records, legislative records or
4financial records shall be available for access during the
5regular business hours of an agency.

6(b) Construction.--Nothing in this act shall be construed to
7require access to any computer either of an agency or individual
8employee of an agency.

9Section 702. Requests.

10Agencies may fulfill verbal[, written or anonymous verbal] or
11written requests for access to records under this act. If the
12requester wishes to pursue the relief and remedies provided for
13in this act, the request for access to records must be a written

15Section 703. Written requests.

16A written request for access to records may be submitted in
17person, by mail, by e-mail, by facsimile or, to the extent
18provided by agency rules, by any other electronic means. A
19written request must be addressed to the open-records officer
20designated pursuant to section 502 or to the administrative 
21office of the agency. [Employees of an] The administrative 
22office of the agency shall [be directed to] promptly forward
23requests for records to the agency's open-records officer. A
24written request should identify or describe the records sought
25with sufficient specificity to enable the agency to ascertain
26which records are being requested and shall include the name and
27address to which the agency should address its response. [A]
28Except as required under section 707(d), a written request need
29not include any explanation of the requester's reason for
30requesting or intended use of the records unless otherwise

1required by law. A written request must include the name and 
2address of the requester and the name of the agency to which the 
3request is addressed.

4Section 707. Production of certain records.

5(a) General rule.--If, in response to a request, an agency
6produces a record that is not a public record, legislative
7record or financial record, the agency shall notify any third
8party that provided the record to the agency, the person that is
9the subject of the record and the requester.

10(b) Requests for trade secrets.--An agency shall notify a
11third party of a request for a record if the third party
12provided the record and included a written statement signed by a
13representative of the third party that the record contains a
14trade secret or confidential proprietary information.
15Notification shall be provided within five business days of
16receipt of the request for the record. The third party shall
17have five business days from receipt of notification from the
18agency to provide input on the release of the record. The agency
19shall deny the request for the record or release the record
20within ten business days of the provision of notice to the third
21party and shall notify the third party of the decision.

22(c) Transcripts.--

23(1) Prior to an adjudication becoming final, binding and
24nonappealable, a transcript of an administrative proceeding
25shall be provided to a requester by the agency stenographer
26or a court reporter, in accordance with agency procedure or
27an applicable contract.

28(2) Following an adjudication becoming final, binding
29and nonappealable, a transcript of an administrative
30proceeding shall be provided to a requester in accordance

1with the duplication rates established in section 1307(b).

2(3) Nothing in this subsection shall be construed to
3require an agency to transcribe a proceeding solely for
4purposes of responding to a request under this act.

5(d) Commercial requests.--An agency may require a requester
6to certify in writing whether the request is for a commercial
7purpose. Certification shall be submitted on a form developed by
8the Office of Open Records that shall provide a checkoff for the
9requester to use to indicate whether the request is for a
10commercial purpose. A requester that submits a false written
11statement shall be subject to 18 Pa.C.S. § 4904 (relating to
12unsworn falsification to authorities).

13Section 6. Section 708(b)(10)(i) and (ii), (13), (17) and 
14(18) and (c) of the act are amended and subsection (b) is
15amended by adding paragraphs to read:

16Section 708. Exceptions for public records.

17* * *

18(b) Exceptions.--Except as provided in subsections (c) and
19(d), the following are exempt from access by a requester under
20this act:

21* * *

22(5.1) The payment records of a person receiving services 
23from a public water or sewer authority or other municipal 
24authority, municipality or cooperative that provides 
25electricity, water, sewer, storm water, natural gas or 
26similar service. The authority, municipality or cooperative 
27shall establish a process to provide a clearance certificate 
28to a person to certify that all fees and charges owed have 
29been paid. A reasonable fee for a clearance certificate may 
30be charged. This paragraph shall not apply to reports of

1aggregate payments made by a municipality, authority or 
2cooperative to assist low-income consumers or other consumers 
3in obtaining services. If funds are owed, the amount of the 
4delinquency shall appear on the clearance certificate.

5* * *

6(6.1) Tax payment records in the possession of a tax 
7collector or municipality responsible for the collection of 
8taxes. A tax collector or municipality shall establish a 
9process to provide a clearance certificate to a person 
10certifying that all local taxes owed have been paid. If funds 
11are owed, the amount of the delinquency shall appear on the 
12clearance certificate. A reasonable fee for a clearance 
13certificate may be charged. As used in this paragraph, the 
14term "tax collector" means an elected tax collector or an 
15employee or contractor of an agency that collects local taxes 
16pursuant to law.

17* * *

18(10) As follows:

19(i) A record that reflects, contains or includes:

20(A) The internal, predecisional deliberations of
21an agency, its members, employees or officials or
22predecisional deliberations between agency members,
23employees or officials and members, employees or
24officials of another agency, including predecisional
25deliberations relating to a budget recommendation,
26legislative proposal, legislative amendment,
27contemplated or proposed policy or course of action
28or any research, memos or other documents used in the
29predecisional deliberations.

30(B) The strategy to be used to develop or

1achieve the successful adoption of a budget,
2legislative proposal or regulation.

3(ii) Subparagraph (i)(A) shall apply to agencies
4subject to 65 Pa.C.S. Ch. 7 (relating to open meetings)
5in a manner consistent with 65 Pa.C.S. Ch. 7. A record
6which is not otherwise exempt from access under this act
7and which is presented to a quorum for deliberation in
8accordance with 65 Pa.C.S. Ch. 7 shall be a public record
9regardless of whether a vote occurs at the meeting.

10* * *

11(13) Records that would disclose the identity of, or 
12personal financial information relating to, an individual who
13lawfully makes a donation to an agency unless the donation is
14intended for or restricted to providing remuneration or
15personal tangible benefit to a named public official or
16employee of the agency, including lists of potential donors
17compiled by an agency to pursue donations, donor profile
18information or personal identifying information relating to a

20* * *

21(17) [A] Except for a safety inspection report made 
22pursuant to Federal or State law, a record of an agency
23relating to a noncriminal investigation, including:

24(i) Complaints submitted to an agency.

25(ii) Investigative materials, notes, correspondence
26and reports.

27(iii) A record that includes the identity of a
28confidential source, including individuals subject to the
29act of December 12, 1986 (P.L.1559, No.169), known as the
30Whistleblower Law.

1(iv) A record that includes information made
2confidential by law.

3(v) Work papers underlying an audit.

4(vi) A record that, if disclosed, would do any of
5the following:

6(A) Reveal the institution, progress or result
7of an agency investigation, except the imposition of
8a fine or civil penalty, the suspension, modification
9or revocation of a license, permit, registration,
10certification or similar authorization issued by an
11agency or an executed settlement agreement unless the
12agreement is determined to be confidential by a

14(B) Deprive a person of the right to an
15impartial adjudication.

16(C) Constitute an unwarranted invasion of

18(D) Hinder an agency's ability to secure an
19administrative or civil sanction.

20(E) Endanger the life or physical safety of an

22(18) Emergency dispatches as follows:

23(i) Records or parts of records, except time
24response logs, pertaining to audio recordings, telephone
25or radio transmissions received by emergency dispatch
26personnel, including 911 recordings.

27(ii) This paragraph shall not apply to a 911
28recording, or a transcript of a 911 recording, if the
29agency or a court determines that the public interest in
30disclosure outweighs the interest in nondisclosure.

1(iii) The home address of the individual who
2accesses emergency dispatch. The record may include the
3nearest cross streets to that address.

4* * *

5(31) An agency's bank account numbers, bank routing
6numbers, credit card numbers or passwords.

7(32) A record of any of the following:

8(i) A volunteer ambulance service.

9(ii) A volunteer fire company.

10(iii) A volunteer rescue company.

11(iv) A volunteer water rescue company.

12(v) A volunteer organization that provides hazardous
13materials response services.

14(vi) A volunteer organization that provides
15emergency medical services.

16Section 506(d)(1) shall apply to a volunteer organization
17under this paragraph that contracts with a local agency to
18provide services to the local agency.

19(c) Financial records.--The exceptions set forth in
20subsection (b) shall not apply to financial records, except that
21an agency may redact that portion of a financial record
22protected under subsection (b)(1), (2), (3), (4), (5), (6),
23(11), (13), (16) or (17). An agency shall not disclose the
24identity of an individual performing an undercover or covert law
25enforcement activity.

26* * *

27Section 7. Sections 901 and 1101 of the act are amended to

29Section 901. General rule.

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

1access to a record, an agency shall make a good faith effort to
2determine if the record requested is a public record,
3legislative record or financial record and whether the agency
4has possession, custody or control of the identified record, and
5to respond as promptly as possible under the circumstances
6existing at the time of the request. All applicable fees shall
7be paid in order to receive access to the record requested.

8(b) Time for response.---The time for response shall not

10(1) In the case of a request made in person or submitted 
11by regular mail, e-mail, web form, facsimile or similar 
12means, five business days from the date the written request
13is received by the open-records officer for an agency. If the
14agency fails to send the response within five business days
15of receipt of the written request for access, the written
16request for access shall be deemed denied.

17(2) (Reserved).

18Section 1101. Filing of appeal.

19[(a) Authorization.--

20(1) If a written request for access to a record is]

21(a) Authorization.--The following shall apply:

22(1) (i) If a written request for access to a record is
23denied or deemed denied, the requester may file an appeal
24with the Office of Open Records or judicial, legislative
25or other appeals officer designated under section 503(d)
26within [15] 20 business days of the [mailing] postmark
27date of the agency's response or within [15] 20 business
28days of a deemed denial, whichever comes first.

29(ii) The appeal shall [state the grounds upon which
30the requester asserts that the record is a public record,

1legislative record or financial record and shall address
2any grounds stated by the agency for delaying or denying
3the request.] include the following:

4(A) A copy of the original request.

5(B) The agency denial.

6(C) A list of the records that were denied.

7(iii) The office shall provide a form on its
8publicly accessible Internet website which may be used by
9the requester to file the appeal.

10(2) Except as provided in section 503(d), in the case of
11an appeal of a decision by a Commonwealth agency or local
12agency, the Office of Open Records shall assign an appeals
13officer to review the denial.

14(b) Determination.--

15(1) Unless the requester agrees otherwise, the appeals
16officer shall make a final determination which shall be
17mailed to the requester and the agency within 30 days of
18receipt of the appeal filed under subsection (a). The appeals 
19officer may extend this deadline by up to 15 days by 
20providing notice to both parties. If a hearing or in-camera 
21review is held under section 1102(a)(2), the appeals officer 
22may extend the deadline up to 90 additional days.

23(1.1) If the issue before the office is substantially
24the same as an issue currently on appeal to Commonwealth
25Court, the appeals officer may stay the appeal until
26Commonwealth Court issues a decision on the matter.

27(2) If the office or other appeals officer fails to
28issue a final determination within 30 days or as otherwise 
29provided under paragraph (1), the appeal is deemed denied.

30(3) Prior to issuing a final determination, a hearing

1may be conducted. The determination by the appeals officer
2shall be a final order. The appeals officer shall provide a
3written explanation of the reason for the decision to the
4requester and the agency.

5(c) Direct interest.--

6(1) A person other than the agency or requester with a
7direct interest in the record subject to an appeal under this
8section may, within 15 days following receipt of actual
9knowledge of the appeal but no later than the date the
10appeals officer issues an order, file a written request to
11provide information or to appear before the appeals officer
12or to file information in support of the requester's or
13agency's position.

14(2) The appeals officer may grant a request under
15paragraph (1) if:

16(i) no hearing has been held;

17(ii) the appeals officer has not yet issued its
18order; and

19(iii) the appeals officer believes the information
20will be probative.

21(3) Copies of the written request shall be sent to the
22agency and the requester.

23Section 8. Section 1102(a) of the act is amended and the
24section is amended by adding a subsection to read:

25Section 1102. Appeals officers.

26(a) Duties.--An appeals officer designated under section 503
27shall do all of the following:

28(1) Set a schedule for the requester and the open-
29records officer to submit documents in support of their

1(2) Review all information filed relating to the
2request. The appeals officer may hold a hearing or conduct an 
3in-camera review under subsection (c), in which case the 
4appeals officer may extend the deadline in section 1101(b)(1) 
5by up to 90 days. A decision to hold or not to hold a hearing
6is not appealable. The appeals officer may admit into
7evidence testimony, evidence and documents that the appeals
8officer believes to be reasonably probative and relevant to
9an issue in dispute. The appeals officer may limit the nature
10and extent of evidence found to be cumulative.

11(3) Consult with agency counsel as appropriate.

12(4) Issue a final determination on behalf of the Office
13of Open Records or other agency.

14* * *

15(c) Review.--The Office of Open Records may require an
16agency to submit a record for the purpose of conducting an in-
17camera review to determine if the record is a public record.

18Section 9. Section 1301 heading and (a) of the act are
19amended to read:

20Section 1301. Commonwealth agencies, legislative agencies
21[and], judicial agencies and the Office of Open 

23(a) General rule.--Within 30 days of the mailing date of the
24final determination of the appeals officer relating to a
25decision of a Commonwealth agency, a legislative agency [or], a
26judicial agency or the Office of Open Records issued under
27section 1101(b) or the date a request for access is deemed
28denied, a requester or the agency may file a petition for review
29or other document as might be required by rule of court with the
30Commonwealth Court. The court shall notify the Commonwealth

1agency, legislative agency, judicial agency or Office of Open 
2Records of the appeal. The decision of the court shall contain
3findings of fact and conclusions of law based upon the evidence
4as a whole. The decision shall clearly and concisely explain the
5rationale for the decision.

6* * *

7Section 10. Section 1307(h) of the act is amended and the
8section is amended by adding a subsection to read:

9Section 1307. Fee limitations.

10* * *

11(g.1) Additional fees.--

12(1) Notwithstanding subsection (e), each agency may
13assess fees for responding to commercial requests under this
14act. In addition to fees under subsections (a) and (b),
15reasonable standard charges may be charged for document
16search, review and redaction for documents for commercial

18(2) Fees under paragraph (1) must be calculated at no
19more than the hourly wage of the lowest-paid public employee
20of the agency who is capable of searching, retrieving,
21reviewing and providing for redaction of the information
22necessary to comply with the request.

23(h) Prepayment.--Prior to granting a request for access in
24accordance with this act, an agency may require a requester to
25prepay an estimate of the fees authorized under this section if
26the fees required to fulfill the request are expected to exceed
27[$100] $50.

28Section 11. Sections 1310, 1502, 1503 and 1504 of the act
29are amended to read:

30Section 1310. Office of Open Records.

1(a) Establishment.--There is established [in the Department
2of Community and Economic Development an] the Office of Open
3Records, as an independent agency. The office shall do all of
4the following:

5(1) Provide information relating to the implementation
6and enforcement of this act.

7(2) Issue advisory opinions to agencies and requesters.

8(3) Provide annual training courses to agencies, public 
9officials and public employees on this act and 65 Pa.C.S. Ch. 
107 (relating to open meetings).

11(4) Provide annual, regional training courses to local
12agencies, public officials and public employees.

13(5) Assign appeals officers to review appeals of
14decisions by Commonwealth agencies or local agencies, except
15as provided in section 503(d), filed under section 1101 and
16issue orders and opinions. The office shall employ or
17contract with attorneys to serve as appeals officers to
18review appeals and, if necessary, to hold hearings on a
19regional basis under this act. Each appeals officer must
20comply with all of the following:

21(i) Complete a training course provided by the
22Office of Open Records prior to acting as an appeals

24(ii) If a hearing is necessary, hold hearings
25regionally as necessary to ensure access to the remedies
26provided by this act.

27(iii) Comply with the procedures under section

29(6) Establish an informal mediation program to resolve
30disputes under this act.

1(7) Establish an Internet website with information
2relating to this act, including information on fees, advisory
3opinions and decisions and the name and address of all open
4records officers in this Commonwealth.

5(8) Conduct a biannual review of fees charged under this

7(9) Annually report on its activities and findings to
8the Governor and the General Assembly. The report shall be
9posted and maintained on the Internet website established
10under paragraph (7).

11(b) Executive director.--Within 90 days of the effective 
12date of this section, the Governor shall appoint an executive 
13director of the office who shall serve for a term of six years. 
14Compensation shall be set by the Executive Board established 
15under section 204 of the act of April 9, 1929 (P.L.177, No.175), 
16known as The Administrative Code of 1929. The executive director 
17may serve no more than two terms.

18(c) Limitation.--The executive director shall not seek
19election nor accept appointment to any political office during
20his tenure as executive director and for one year thereafter.

21(d) Staffing.--The executive director shall appoint 
22attorneys to act as appeals officers and additional clerical, 
23technical and professional staff as may be appropriate and may 
24contract for additional services as necessary for the 
25performance of the executive director's duties. The compensation 
26of attorneys and other staff shall be set by the Executive 
27Board. The appointment of attorneys shall not be subject to the 
28act of October 15, 1980 (P.L.950, No.164), known as the 
29Commonwealth Attorneys Act.

30(e) Duties.--

1(1) The executive director shall ensure that the duties 
2of the Office of Open Records are carried out and shall 
3monitor cases appealed to the Office of Open Records.

4(2) The Department of Community and Economic Development
5shall provide payroll and administrative support to the

7(e.1) Public comment.--The office shall abstain from public
8comment about a pending proceeding before the office. This
9subsection shall not prohibit employees of the office from
10making public statements in the course of official duties, from
11issuing written advisory opinions, from making general comments
12on this act that are not related to a specific pending case or
13from explaining the procedures of the office.

14(f) Appropriation.--The appropriation for the office shall
15be in a separate line item and shall be under the jurisdiction
16of the executive director.

17(g) Participation.--The office may participate as amicus
18curiae in an appeal from a decision of the office and may, upon
19approval of an appellate court, participate in oral argument.

20Section 1502. Reporting.

21No later than May 30 of each year, unless otherwise provided 
22under this chapter, a State-related institution shall file [with
23the Governor's Office, the General Assembly, the Auditor General
24and the State Library] the information set forth in section 1503
25under the requirements of section 1504.

26Section 1503. Contents of report.

27(a) Information included.--The report required under section
281502 shall include the following:

29(1) Except as provided in paragraph (4), all information
30required by Form 990 or an equivalent form of the United

1States Department of the Treasury, Internal Revenue Service,
2entitled the Return of Organization Exempt From Income Tax,
3regardless of whether the State-related institution is
4required to file the form by the Federal Government.

5(2) The salaries of all officers and directors of the
6State-related institution.

7(3) [The] For a State-related institution with fewer 
8than 2,500 employees, the highest 25 salaries paid to
9employees of the institution that are not included under
10paragraph (2). For a State-related institution with 2,500 
11employees or more, the highest 200 salaries paid to employees 
12of the institution that are not included under paragraph (2).

13(4) The report shall not include information relating to
14individual donors.

15(5) Revenue and expenditure budgets of the State-related
16institution's academic and administrative support units for
17the current fiscal year.

18(6) The actual revenue and expenditures for the prior

20(7) For any defined project or program which is the
21subject of a specific line item appropriation from the
22General Fund, the State-related institution shall disclose
23the following:

24(i) Revenue and expenditure budgets of the defined
25program or project for the current fiscal year.

26(ii) The actual revenue and expenditures of the
27defined program or project for the prior year.

28(8) The revenue and expenditures of any auxiliary
29enterprise which is directly funded in whole or in part by
30tuition or a State appropriation for the current fiscal year.

1(9) The most recent audited financial statement for the
2State-related institution.

3(10) The following information for the prior fiscal year
4for each academic or administrative support unit, for each
5defined project or program and for an auxiliary enterprise:

6(i) The number of employees by academic rank.

7(ii) The number of administrators, staff, clerical
8and technical service employees, by classification.

9(iii) Median and mean salary by academic rank.

10(iv) Median and mean salaries of administrators,
11staff, clerical and technical service employees, by

13(v) Nonsalary compensation as a percentage of
14salary. Nonsalary compensation shall include:

15(A) Medical benefits.

16(B) Life insurance benefits.

17(C) Pension benefits.

18(D) Leave benefits.

19(E) Employer Social Security payments.

20(F) Workers' compensation benefits.

21(vi) A statement of the State-related institution's
22retirement policies.

23(vii) A policy statement relating to a reduction of
24tuition for employees' family members.

25(viii) A list by academic or administrative support
26unit in the aggregate of the expenses of travel,
27subsistence and lodging, whether provided or reimbursed.

28(b) Providing information.--Each State-related institution
29shall provide full, complete and accurate information as may be
30required by the Department of Education or the chairman or the

1minority chairman of the Appropriations Committee of the Senate
2or the chairman or the minority chairman of the Appropriations
3Committee of the House of Representatives.

4(c) Financial statements.--Each State-related institution
5shall present and report its financial statements required under
6the provisions of this act in accordance with:

7(1) The generally accepted accounting principles as
8prescribed by the National Association of College and
9University Business Officers, the American Institute of
10Certified Public Accountants or by another recognized
11authoritative body.

12(2) The "Commonwealth of Pennsylvania Budget
13Instructions for the State System of Higher Education, State-
14Related Universities and Non-State-Related Colleges and

16(3) The financial reporting policies and standards
17promulgated by the Commonwealth of Pennsylvania and by the
18Federal Government that apply to the State-related

20(d) Nonpreferred appropriations.--

21(1) In a year a State-related institution receives a
22nonpreferred appropriation, a report shall be submitted prior
23to September 1 and must cover the 12-month period beginning
24with the summer term of the preceding year. The report shall

26(i) The following counts and distributions for each
27term during the period:

28(A) The definition and number of:

29(I) Faculty members employed full time.

30(II) Faculty members employed part time.

1(III) Full-time students enrolled in a
2graduate course.

3(IV) Full-time students enrolled in an
4undergraduate course.

5(V) Part-time students enrolled in a
6graduate course.

7(VI) Part-time students enrolled in an
8undergraduate course.

9(B) The total number of:

10(I) Undergraduate student credit hours,
11divided into lower division and upper division
12course levels.

13(II) Graduate student credit hours, divided
14into three course levels: master's, first
15professional and doctoral.

16(C) The number of different courses scheduled by
17level of instruction and the number of sections of
18individual instruction scheduled by level of
19instruction, each further subdivided by two-digit
20Classification of Instructional Program (CIP)
21categories of instructional programs of higher
22education as defined by the National Center for
23Education Statistics, United States Department of

25(D) The number of terms scheduled and the dates
26of the terms.

27(ii) For the summer term and the following academic
28year in total and for each two-digit CIP program

30(A) A classification of faculty members or other

1professional employees by title, including:

2(I) Professor.

3(II) Associate professor.

4(III) Assistant professor.

5(IV) Instructor.

6(V) Lecturer.

7(VI) Research associate.

8(VII) Librarian and academic administrator.

9(B) Faculty members or other professional
10employees under each title to be subdivided into
11teaching and nonteaching.

12(C) Each set of faculty members or other
13professional employees to be further subdivided by
14full-time or part-time employment.

15(D) The following aggregates for each
16subdivided classification:

17(I) The number of faculty and other
18professional employees and the full-time
19equivalence in instructional and non-
20instructional functions.

21(II) The sum of credits assigned to
22undergraduate classroom courses and the sum of
23credits assigned to graduate classroom courses
24taught divided into lower division, upper
25division, master's, first professional and
26doctoral course levels.

27(III) The sum of credits assigned to
28undergraduate individual instruction courses and
29the sum of credits assigned to graduate
30individual instruction courses taught divided

1into lower division, upper division, master's,
2first professional and doctoral course levels.

3(IV) The sum of undergraduate classroom
4student credit hours and the sum of graduate
5classroom student credit hours generated, divided
6into lower division, upper division, masters,
7first professional and doctoral course levels.

8(V) The sum of undergraduate individual
9instruction student credit hours and the sum of
10graduate individual instruction student credit
11hours generated, divided into lower division,
12upper division, master's, first professional and
13doctoral course levels.

14(VI) The total salary paid for instructional
15functions and for noninstructional functions and
16the amount of salary paid for each of these
17functions from State-related institution funds,
18Federal funds and other funds.

19(iii) For each term of the period covered for each
20faculty member employed full time identified by two-digit
21CIP program category and title, the report shall contain
22an analysis of the average hours per week spent:

23(A) In State-related institution-related
24activities, stating specifically hours spent in
25undergraduate classroom contact and graduate
26classroom contact hours spent in preparation.

27(B) In research.

28(C) In public service.

29(2) The report covering the 12-month period shall
30include for each program of the State-related institution:

1(i) Minimum number of credits required for a
2baccalaureate degree and for a master's degree.

3(ii) Number of bachelor's degrees, master's degrees,
4first professional degrees and doctoral degrees awarded
5for the previous five years and those estimates for that

7(e) Minutes.--Each State-related institution shall make a
8copy of the minutes of each public meeting of the institution's
9board of trustees available for public inspection in the
10institution's library in print format and online at the
11institution's publicly accessible Internet website. The minutes
12shall be maintained in print and online for no fewer than 20

14(f) Data systems report.--Each State-related university
15shall make a copy of the institution's integrated postsecondary
16education data systems report available for public inspection in
17the institution's library in print format and online at the
18institution's publicly accessible Internet website.

19Section 1504. [Copies and posting] Requirements for information 
20in reports.

21[A State-related institution shall maintain, for at least
22seven years, a copy of the report in the institution's library
23and shall provide free access to the report on the institution's
24Internet website.] A State-related institution shall make the 
25information required by section 1502 accessible to the public in 
26accordance with the following:

27(1) The information shall be posted online at the
28institution's publicly accessible Internet website in a
29searchable, sortable and downloadable database format that is
30freely accessible by the public. To the extent possible, a

1State-related institution shall post the information online
2in a similar manner in order to facilitate easy public
3review. The information of prior years shall be maintained
4for no fewer than ten years.

5(2) The information shall be maintained in print format
6in the institution's library for no fewer than ten years.

7(3) The information shall be provided in electronic
8format to the Department of Education and the Joint State
9Government Commission.

10(4) The information shall be provided in print format to
11the General Assembly and to each of the State regional
12library resource centers.

13Section 12. The act is amended by adding a section to read:

14Section 1505. Contracts.

15(a) Posting online.--Whenever a State-related institution
16shall enter into any contract involving any property, real,
17personal or mixed of any kind or description or a contract for
18personal services where the consideration involved in the
19contract is $5,000 or more, the State-related institution and
20the Treasury Department shall comply with the requirements of
21Chapter 17.

22(b) Categories.--A contract posted in accordance with
23subsection (a) shall disclose the category of service,

25(1) Legal.

26(2) Instructional.

27(3) Management.

28(4) Accounting.

29(5) Architecture.

30(6) Public Relations.

1(7) Maintenance.

<-2Section 13. This act shall take effect in 90 days.

<-3Section 13. This act shall take effect as follows:

4(1) The amendment or addition of sections 1502, 1503,
51504 and 1505 of the act shall take effect July 1, 2015.

6(2) This section shall take effect immediately.

7(3) The remainder of this act shall take effect in 60