PRINTER'S NO. 2134
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1755
Session of
2023
INTRODUCED BY BRENNAN, MADDEN, SANCHEZ, GIRAL, KHAN, CIRESI,
GREEN, DALEY, McANDREW AND GERGELY, OCTOBER 16, 2023
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 16, 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 written requests.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 703 of the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law, is amended to
read:
Section 703. Written requests.
(a) Process.--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
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officer. A written request [should] must 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) Specificity consideration.--In determining whether a
request has sufficient specificity under this section, an open
records officer may consider:
(1) the burden on the agency to conduct a good faith
effort under section 901 to fully review and to redact any
records within the time periods required by this act;
(2) the potential harm to privacy or proprietary
interests of any third party if a full good faith effort
cannot reasonably be conducted within the time periods
required by this act; and
(3) the requirements under any Federal or State law
related to disclosing records and the harm or penalties under
the law if records are or may be improperly released.
Section 2. This act shall take effect in 60 days.
20230HB1755PN2134 - 2 -
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