A03334
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
974
Session of
2023
INTRODUCED BY HANBIDGE, MADDEN, HILL-EVANS, HOHENSTEIN, GUENST,
SANCHEZ, BURGOS, RABB, FLEMING, CERRATO AND N. NELSON,
APRIL 24, 2023
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, DECEMBER 12, 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)(10) and (12) of the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law,
are amended to read:
SECTION 1. SECTION 708(B)(12) OF THE ACT OF FEBRUARY 14,
2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW, IS AMENDED
TO READ:
Section 1. Section 708(b)(10) and (12) of the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law,
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are 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:
* * *
(10) (i) A record that reflects:
(A) The internal, predecisional deliberations of
an agency, its members, employees or officials or
predecisional deliberations between agency members,
employees or officials and members, employees or
officials of another agency, including predecisional
deliberations relating to a budget recommendation,
legislative proposal, legislative amendment,
contemplated or proposed policy or course of action
or any research, memos or other documents used in the
predecisional deliberations.
(B) The strategy to be used to develop or
achieve the successful adoption of a budget,
legislative proposal or regulation.
(C) The discussions, considerations or
consultations during an executive session held in
accordance with 65 Pa.C.S. ยง 708 (relating to
executive sessions).
(ii) Subparagraph (i)(A) and (C) shall apply to
agencies subject to 65 Pa.C.S. Ch. 7 (relating to open
meetings) in a manner consistent with 65 Pa.C.S. Ch. 7. A
record which is not otherwise exempt from access under
this act and which is presented to a quorum for
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deliberation in accordance with 65 Pa.C.S. Ch. 7 shall be
a public record.
(iii) This paragraph shall not apply to a written or
Internet application or other document that has been
submitted to request Commonwealth funds.
(iv) This paragraph shall not apply to the results
of public opinion surveys, polls, focus groups, marketing
research or similar effort designed to measure public
opinion.
* * *
(10) (i) A record that reflects:
(A) The internal, predecisional deliberations of
an agency, its members, employees or officials or
predecisional deliberations between agency members,
employees or officials and members, employees or
officials of another agency, including predecisional
deliberations relating to a budget recommendation,
legislative proposal, legislative amendment,
contemplated or proposed policy or course of action
or any research, memos or other documents used in the
predecisional deliberations.
(B) The strategy to be used to develop or
achieve the successful adoption of a budget,
legislative proposal or regulation.
(ii) Subparagraph (i)(A) shall apply to agencies
subject to 65 Pa.C.S. Ch. 7 (relating to open meetings)
in a manner consistent with 65 Pa.C.S. Ch. 7. A record
which is not otherwise exempt from access under this act
and which is presented to a quorum for deliberation in
accordance with 65 Pa.C.S. Ch. 7 shall be a public
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record.
(iii) This paragraph shall not apply to a written or
Internet application or other document that has been
submitted to request Commonwealth funds.
(iv) This paragraph shall not apply to the results
of public opinion surveys, polls, focus groups, marketing
research or similar effort designed to measure public
opinion.
(v) This paragraph shall not apply to a record in
the possession of a Commonwealth agency relating to the
line-item veto of an appropriation for the Pennsylvania
Award for Student Success Scholarship Program contained
in the act of August 3, 2023 (P.L. , No.1A), known as the
General Appropriation Act of 2023.
* * *
(12) Notes and working papers prepared by or for a
public official or agency employee used:
(i) solely for that official's or employee's own
personal use, including telephone message slips, routing
slips and other materials that do not have an official
purpose[.]; or
(ii) to accommodate an individual's ASSIST AN
INDIVIDUAL WITH A disability, including transcriptions,
braille translations or large print materials.
* * *
Section 2. This act shall take effect in 60 days.
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