PRINTER'S NO. 69
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
80
Session of
2023
INTRODUCED BY OWLETT, PICKETT, STAATS, HAMM, FLICK, JAMES,
KAUFFMAN, ROWE, CONKLIN, SMITH AND ZIMMERMAN, MARCH 7, 2023
REFERRED TO COMMITTEE ON GAME AND FISHERIES, MARCH 7, 2023
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
procedure, further providing for exceptions for public
records.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 708(b)(17) of the act of February 14,
2008 (P.L.6, No.3), known as the Right-to-Know Law, is amended
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:
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(17) A record of an agency, except for the Pennsylvania
Fish and Boat Commission, relating to a noncriminal
investigation, including:
(i) Complaints submitted to an agency.
(ii) Investigative materials, notes, correspondence
and reports.
(iii) A record that includes the identity of a
confidential source, including individuals subject to the
act of December 12, 1986 (P.L.1559, No.169), known as the
Whistleblower Law.
(iv) A record that includes information made
confidential by law.
(v) Work papers underlying an audit.
(vi) A record that, if disclosed, would do any of
the following:
(A) Reveal the institution, progress or result
of an agency investigation, except the imposition of
a fine or civil penalty, the suspension, modification
or revocation of a license, permit, registration,
certification or similar authorization issued by an
agency or an executed settlement agreement unless the
agreement is determined to be confidential by a
court.
(B) Deprive a person of the right to an
impartial adjudication.
(C) Constitute an unwarranted invasion of
privacy.
(D) Hinder an agency's ability to secure an
administrative or civil sanction.
(E) Endanger the life or physical safety of an
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individual.
* * *
Section 2. This act shall take effect immediately.
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