PRINTER'S NO. 989
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
978
Session of
2021
INTRODUCED BY B. MILLER, ROTHMAN, PICKETT, KAUFFMAN, RYAN,
GROVE, ZIMMERMAN, MILLARD, JOZWIAK, DRISCOLL, KEEFER,
WHEELAND AND FREEMAN, MARCH 19, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 19, 2021
AN ACT
Amending the act of February 14, 2008 (P.L.6, No.3), entitled
"An act providing for access to public information, for a
designated open-records officer in each Commonwealth agency,
local agency, judicial agency and legislative agency, for
procedure, for appeal of agency determination, for judicial
review and for the Office of Open Records; imposing
penalties; providing for reporting by State-related
institutions; requiring the posting of certain State contract
information on the Internet; and making related repeals," in
preliminary provisions, further providing for definitions;
and, in procedure, further providing for exceptions for
public records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "personal financial
information" in section 102 of the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law, is amended to
read:
Section 102. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Personal financial information." An individual's personal
credit, charge or debit card information; bank or other
financial institution account information; bank, credit or
financial statements; account or PIN numbers; account passwords;
IRS form W-2 or its equivalent; benefit election information
other than an election to become a member of the State
Employees' Retirement System, the Public School Employees'
Retirement System, the Pennsylvania Municipal Retirement System
or any other retirement plan for employees of the Commonwealth
or any of its political subdivisions; contributions to
retirement plans or other investment options; contributions
toward the cost of health care benefits or other benefits;
contributions to charitable organizations and other information
relating to an individual's personal finances.
* * *
Section 2. Section 708(b)(6) and (c) of the act are amended
and subsection (b) is amended by adding a paragraph to read:
Section 708. Exceptions for public records.
* * *
(b) Exceptions.--Except as provided in subsections (c) and
(d), the following are exempt from access by a requester under
this act:
* * *
(6) (i) The following personal identification
information:
(A) A record containing all or part of a
person's Social Security number, driver's license
number, personal financial information, home,
cellular or personal telephone numbers, personal e-
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mail addresses, employee number or other confidential
personal identification number.
(B) A spouse's name, marital status or
beneficiary or dependent information, including the
number, names and ages of an employee's dependents.
(C) The home address of a law enforcement
officer or judge.
(ii) Nothing in this paragraph shall preclude the
release of the name, position, salary, actual
compensation or other payments or expenses, employment
contract, employment-related contract or agreement and
length of service of a public official or an agency
employee.
(iii) An agency may redact the name or other
identifying information relating to an individual
performing an undercover or covert law enforcement
activity from a record.
(iv) Nothing in this paragraph shall prevent the
disclosure of employer costs or aggregated data of
employee costs related to retirement benefits, health
care benefits or other benefits or the disclosure of
options made available to employees regarding retirement
benefits, health care benefits or other benefits.
* * *
(31) An agency's financial institution account number,
routing number, credit card number or PIN number. Such
numbers shall be reasonably redacted to the extent necessary
to protect the security of the agency's account information,
account numbers, routing numbers, credit card numbers or PIN
numbers.
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(c) Financial records.--The exceptions set forth in
subsection (b) shall not apply to financial records, except that
an agency may redact that portion of a financial record
protected under subsection (b)(1), (2), (3), (4), (5), (6), (16)
[or], (17) or (31). An agency shall not disclose the identity of
an individual performing an undercover or covert law enforcement
activity.
* * *
Section 3. This act shall take effect in 60 days.
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