PRIOR PRINTER'S NOS. 983, 2168
PRINTER'S NO. 2226
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY PILEGGI, SMUCKER, RAFFERTY, WAUGH, FONTANA, FOLMER, TEPLITZ, GREENLEAF, WARD, ALLOWAY, YAW, YUDICHAK, BAKER, FERLO, MENSCH, ERICKSON, VANCE, VULAKOVICH, FARNESE, BROWNE, CORMAN, BLAKE AND BREWSTER, APRIL 26, 2013
SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, JUNE 29, 2014
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.
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
3Section 102. Definitions.
7* * *
8"Commercial purpose." The use of a record:
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* * *
24(1) which is privileged or confidential; and
28* * *
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:
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
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
27* * *
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
17(1) The time the call was received by the PSAP.
20(3) The time the appropriate agency responded.
23(5) The time the appropriate agency became available.
26* * *
27Section 2. The act is amended by adding a section to read:
28Section 307. Pennsylvania Interscholastic Athletic Association.
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.--
11(b) Disaster or potential damage.--
12(1) An agency may deny a requester access:
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
29(i) Federal or State law or regulation.
30(ii) Judicial order or decree.
1(2) The record is not protected by a privilege.
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.
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
26Section 4. The act is amended by adding a section to read:
27Section 508. Inmate access.
30(b) Records.--An agency shall provide an inmate with copies
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.
15(9) The inmate's tax records.
16(10) The inmate's voting records.
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.
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.
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
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.
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.
1with the duplication rates established in section 1307(b).
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).
16Section 708. Exceptions for public records.
17* * *
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
30(B) The strategy to be used to develop or
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* * *
24(i) Complaints submitted to an agency.
3(v) Work papers underlying an audit.
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
22(18) Emergency dispatches as follows:
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.
4* * *
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.
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
26* * *
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.
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.
18Section 1101. Filing of appeal.
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  20 business days of the [mailing] postmark
27date of the agency's response or within  20 business
28days of a deemed denial, whichever comes first.
4(A) A copy of the original request.
5(B) The agency denial.
6(C) A list of the records that were denied.
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.
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.
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
16(i) no hearing has been held;
25Section 1102. Appeals officers.
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.
14* * *
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* * *
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
30Section 1310. Office of Open Records.
7(2) Issue advisory opinions to agencies and requesters.
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:
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.
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.
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.
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.
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.
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.
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).
6(i) The number of employees by academic rank.
9(iii) Median and mean salary by academic rank.
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.
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
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
28(A) The definition and number of:
29(I) Faculty members employed full time.
30(II) Faculty members employed part time.
9(B) The total number of:
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
30(A) A classification of faculty members or other
1professional employees by title, including:
3(II) Associate professor.
4(III) Assistant professor.
7(VI) Research associate.
8(VII) Librarian and academic administrator.
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.
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:
27(B) In research.
28(C) In public service.
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.
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.
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
30(6) Public Relations.
<-2Section 13. This act shall take effect in 90 days.
<-3Section 13. This act shall take effect as follows:
6(2) This section shall take effect immediately.