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PRINTER'S NO. 2916
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2471
Session of
2022
INTRODUCED BY BURNS, HERRIN, MILLARD AND KEEFER, APRIL 4, 2022
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 4, 2022
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; in
procedure, further providing for written requests; in agency
response, further providing for extension of time; in appeal
of agency determination, further providing for filing of
appeal; and, in judicial review, further providing for
Commonwealth agencies, legislative agencies and judicial
agencies, for local agencies and for Office of Open Records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law, is amended by
adding a definition 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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* * *
"Public official." An elected member of the General Assembly
or an individual who is elected to a Statewide office in the
Commonwealth.
* * *
Section 2. Section 703 of the act is amended to read:
Section 703. Written requests.
(a) Manner of submission.--A written request for access to
records may be submitted in person, by mail, by e-mail, by
facsimile or, to the extent provided by agency rules, by any
other electronic means. A written request must be addressed to
the open-records officer designated pursuant to section 502.
Employees of an agency shall be directed to forward requests for
records to the open-records officer. A written request should
identify or describe the records sought with sufficient
specificity to enable the agency to ascertain which records are
being requested and shall include the name and address to which
the agency should address its response. A written request need
not include any explanation of the requester's reason for
requesting or intended use of the records unless otherwise
required by law.
(b) Public official requesters.--An individual who is a
public official may file a written request for access to records
either in the capacity as an individual or a public official and
the capacity chosen shall be identified at the time the written
request is submitted to an agency.
Section 3. Section 902 of the act is amended by adding a
subsection to read:
Section 902. Extension of time.
* * *
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(c) Exception.--This section shall not apply to a written
request for access to records submitted by a public official.
Section 4. Section 1101(b)(1) of the act is amended and
subsection (b) is amended by adding a paragraph to read:
Section 1101. Filing of appeal.
* * *
(b) Determination.--
(1) [Unless] Except as provided under paragraph (1.1),
unless the requester agrees otherwise, the appeals officer
shall make a final determination which shall be mailed to the
requester and the agency within 30 days of receipt of the
appeal filed under subsection (a).
(1.1) If the requester is a public official and unless
the public official requester agrees otherwise, the appeals
officer shall make a final determination which shall be
mailed to the public official and the agency within five days
of receipt of the appeal filed under subsection (a).
* * *
Section 5. Sections 1301(a) and 1302(a) of the act are
amended and the sections are amended by adding subsections to
read:
Section 1301. Commonwealth agencies, legislative agencies and
judicial agencies.
(a) General rule.--[Within] Except as provided under
subsection (c), within 30 days of the mailing date of the final
determination of the appeals officer relating to a decision of a
Commonwealth agency, a legislative agency or a judicial agency
issued under section 1101(b) or the date a request for access is
deemed denied, a requester or the agency may file a petition for
review or other document as might be required by rule of court
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with the Commonwealth Court. The decision of the court shall
contain findings of fact and conclusions of law based upon the
evidence as a whole. The decision shall clearly and concisely
explain the rationale for the decision.
* * *
(c) Exception.--A final determination by an appeals officer
relating to a decision of an agency issued under section 1101(b)
to a public official shall not be subject to judicial review.
Section 1302. Local agencies.
(a) General rule.--[Within] Except as provided under
subsection (c), within 30 days of the mailing date of the final
determination of the appeals officer relating to a decision of a
local agency issued under section 1101(b) or of the date a
request for access is deemed denied, a requester or local agency
may file a petition for review or other document as required by
rule of court with the court of common pleas for the county
where the local agency is located. The decision of the court
shall contain findings of fact and conclusions of law based upon
the evidence as a whole. The decision shall clearly and
concisely explain the rationale for the decision.
* * *
(c) Exception.--A final determination by an appeals officer
relating to a decision of an agency issued under section 1101(b)
(1) to a public official shall not be subject to judicial
review.
Section 6. Section 1310(d) of the act is amended to read:
Section 1310. Office of Open Records.
* * *
(d) Staffing.--The executive director shall appoint
attorneys to act as appeals officers and additional clerical,
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technical and professional staff as may be appropriate and may
contract for additional services as necessary for the
performance of the executive director's duties. At least one
appeals officer shall be designated by the executive director to
handle appeals from requesters who are public officials. The
compensation of attorneys and other staff shall be set by the
Executive Board. The appointment of attorneys shall not be
subject to the act of October 15, 1980 (P.L.950, No.164), known
as the Commonwealth Attorneys Act.
* * *
Section 78. This act shall take effect in 60 days.
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