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A03069
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
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 24, 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 708. Exceptions for public records.
* * *
(b) Exceptions.--Except as provided in subsections (c) and
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(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
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
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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.
* * *
(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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