SENATE AMENDED
PRIOR PRINTER'S NOS. 2776, 3183, 3474, PRINTER'S NO. 4090
3852
No. 2100 Session of 2001
INTRODUCED BY MAHER, McILHINNEY AND HABAY, OCTOBER 29, 2001
SENATOR THOMPSON, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
AMENDED, JUNE 24, 2002
AN ACT
1 Amending the act of June 21, 1957 (P.L.390, No.212), entitled
2 "An act requiring certain records of the Commonwealth and its
3 political subdivisions and of certain authorities and other
4 agencies performing essential governmental functions, to be
5 open for examination and inspection by citizens of the
6 Commonwealth of Pennsylvania; authorizing such citizens under
7 certain conditions to make extracts, copies, photographs or
8 photostats of such records; and providing for appeals to the
9 courts of common pleas," further providing for definitions,
10 for examination and inspection and for extracts, copies or
11 photostats; providing for denial of access to public records,
12 for redaction, for response to requests for access and for
13 final agency determinations; further providing for appeal
14 from denial of right; and providing for court costs and
15 attorney fees, for penalty and for immunity.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Sections 1 and 2 of the act of June 21, 1957 <--
19 (P.L.390, No.212), referred to as the Right-to-Know Law, are
20 amended to read:
21 SECTION 1. SECTION 1 OF THE ACT OF JUNE 21, 1957 (P.L.390, <--
22 NO.212), REFERRED TO AS THE RIGHT-TO-KNOW LAW, AMENDED JUNE 17,
1 1971 (P.L.160, NO.9), IS AMENDED TO READ:
2 [Section 1. In this act the following terms shall have the
3 following meanings:]
4 Section 1. Definitions.
5 The following words and phrases when used in this act shall
6 have the meanings given to them in this section unless the
7 context clearly indicates otherwise:
8 [(1)] "Agency." Any office, department, board or commission
9 of the executive branch of the Commonwealth, any political
10 subdivision of the Commonwealth, the Pennsylvania Turnpike
11 Commission, the State System of Higher Education or any State or
12 municipal authority or similar organization created by or
13 pursuant to a statute which declares in substance that such
14 organization performs or has for its purpose the performance of
15 an essential governmental function.
16 "Commonwealth agency." An agency, which is a Commonwealth
17 agency, as that term is defined under 62 Pa.C.S. § 103 (relating
18 to definitions).
19 "PUBLIC BUILDING." IN ADDITION TO ANY PUBLIC BUILDING OWNED <--
20 BY THE COMMONWEALTH OR ANY OF ITS POLITICAL SUBDIVISIONS, THE
21 TERM PUBLIC BUILDING SHALL INCLUDE, BUT IS NOT LIMITED TO, ANY
22 BUILDING FREQUENTED BY THE GENERAL PUBLIC SUCH AS A SHOPPING
23 MALL, THEATER, SPORTS ARENA, CONCERT HALL, CONVENTION HALL OR
24 AIRPORT.
25 [(2)] "Public [Record] record." Any account, voucher or
26 contract dealing with the receipt or disbursement of funds by an
27 agency or its acquisition, use or disposal of services or of
28 supplies, materials, equipment or other property and any minute,
29 order or decision by an agency fixing the personal or property
30 rights, privileges, immunities, duties or obligations of any
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1 person or group of persons: Provided, That the term "public
2 records" shall not mean any report, communication or other
3 paper, the publication of which would disclose the institution,
4 progress or result of an investigation undertaken by an agency
5 in the performance of its official duties, except those reports
6 filed by agencies pertaining to safety and health in industrial
7 plants; it shall not include any record, document, material,
8 exhibit, pleading, report, memorandum, PUBLIC BUILDING FLOOR <--
9 PLAN or other paper, access to or the publication of which is
10 prohibited, restricted or forbidden by statute law or order or
11 decree of court, or which would operate to the prejudice or
12 impairment of a person's reputation or personal security, or
13 which would result in the loss by the Commonwealth or any of its
14 political subdivisions or commissions or State or municipal
15 authorities of Federal funds, excepting therefrom however the
16 record of any conviction for any criminal act.
17 "Record." Any document maintained by an agency, in any form,
18 whether public or not.
19 "Requester." A person who is a resident of, or does business
20 in, the Commonwealth and requests a record pursuant to this act.
21 "Response." Access to a record or an agency's written notice
22 granting, denying or partially granting and partially denying
23 access to a record.
24 SECTION 2. SECTION 2 OF THE ACT IS AMENDED TO READ: <--
25 [Section 2. Every public record of an agency shall, at
26 reasonable times, be open for examination and inspection by any
27 citizen of the Commonwealth of Pennsylvania.]
28 Section 2. Procedure for access to public records.
29 (a) General rule.--Unless otherwise provided by law, a
30 public record shall be accessible for inspection and copying <--
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1 DUPLICATION by a requester in accordance with this act. A public <--
2 record shall be provided to a requester in the medium requested
3 if the public record exists in that medium; otherwise, it shall
4 be provided in the medium in which it exists. Public records
5 shall be available for access during the regular business hours
6 of an agency. NOTHING IN THIS ACT SHALL PROVIDE FOR ACCESS TO <--
7 THOSE RECORDS THAT ARE NOT PUBLIC RECORDS. NOTHING IN THIS ACT <--
8 SHALL PROVIDE FOR ACCESS TO PUBLIC BUILDING FLOOR PLANS.
9 (b) Written requests REQUESTS.--Agencies may fulfill oral <--
10 VERBAL requests for records and anonymous requests for records. <--
11 In the event that the requester wishes to pursue the relief and
12 remedies provided for in this act, the requester must initiate
13 such relief with a written request.
14 (c) Other WRITTEN requests.--A written request for access to <--
15 records may be submitted in person, by mail, by facsimile or, to
16 the extent provided by agency rules, any other electronic means.
17 A written request shall be addressed to the agency head or other
18 person designated in the rules established by the agency. A
19 written request should identify or describe the records sought
20 with sufficient specificity to enable the agency to ascertain
21 which records are being requested and shall include the name and
22 address to which the agency should address its response. A
23 written request need not include any explanation of the
24 requester's reason for requesting or intended use of the
25 records.
26 (d) Electronic access.--In addition to the requirements of
27 subsection (a), an agency may make its public records available
28 through any publicly accessible electronic means. IF ACCESS TO A <--
29 PUBLIC RECORD IS ROUTINELY AVAILABLE BY AN AGENCY ONLY BY
30 ELECTRONIC MEANS, THE AGENCY SHALL PROVIDE READY ACCESS TO <--
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1 INSPECT A PUBLIC RECORD AT THE AGENCY OFFICE AN OFFICE OF THE <--
2 AGENCY.
3 (e) Creation of a public record.--When responding to a
4 request for access, an agency shall not be required to create a
5 public record which does not currently exist or to compile,
6 maintain, format or organize a public record in a manner in
7 which the agency does not currently compile, maintain, format or
8 organize the public record.
9 (f) Conversion of an electronic record to written form <--
10 PAPER.--Notwithstanding subsections (a) and (e), if IF a public <--
11 record is only maintained electronically OR IN OTHER NONPAPER <--
12 MEDIA, an agency shall, upon request, make DUPLICATE the public <--
13 record available on paper when responding to a request for <--
14 access in accordance with this act.
15 (g) Retention of records.--An agency shall retain public <--
16 records in accordance with the law.
17 (G) RETENTION OF RECORDS.--NOTHING IN THIS ACT IS INTENDED <--
18 TO MODIFY, RESCIND OR SUPERSEDE ANY RECORD RETENTION AND
19 DISPOSITION SCHEDULE ESTABLISHED PURSUANT TO LAW.
20 Section 2 3. Section 3 of the act is repealed. <--
21 Section 3 4. The act is amended by adding sections to read: <--
22 Section 3.1. Access to public records.
23 An agency may not deny a requester access to a public record
24 due to the intended use of the public record by the requester.
25 Section 3.2. Redaction.
26 If an agency determines that a public record contains
27 information which is subject to access as well as information
28 which is not subject to access, the agency's response shall
29 grant access to the information which is subject to access and
30 deny access to the information which is not subject to access.
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1 If the information which is not subject to access is an integral
2 part of the public record and cannot be separated, the agency
3 shall redact from the public record the information which is not
4 subject to access and the response shall grant access to the
5 information which is subject to access. The agency may not deny
6 access to the public record if the information which is not
7 subject to access is able to be redacted. Information which an
8 agency redacts in accordance with this subsection shall be
9 deemed a denial under section 3.3.
10 Section 3.3. Commonwealth agency's response to written requests
11 for access.
12 (a) General rule.--Upon receipt of a written request for
13 access to a record, a Commonwealth agency shall make a good
14 faith effort to DETERMINE IF THE RECORD REQUESTED IS A PUBLIC <--
15 RECORD AND TO respond as promptly as possible under the
16 circumstances existing at the time of the request, but shall not
17 exceed ten business days from the date the written request is
18 received by the Commonwealth agency head or other person
19 designated in the rules established by the Commonwealth agency <--
20 for receiving such requests. If the Commonwealth agency fails to
21 send the response within ten business days of such receipt of <--
22 the written request for access, the written request for access
23 shall be deemed denied.
24 (b) Exception.--Upon receipt of a written request for
25 access, if a Commonwealth agency determines that one of the
26 following applies:
27 (1) the request for access requires redaction of a
28 public record in accordance with section 3.2;
29 (2) the request for access requires the retrieval of a
30 public record stored in a remote location;
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1 (3) a timely response to the request for access cannot
2 be accomplished due to bona fide and specified staffing
3 limitations;
4 (4) a legal review is necessary to determine whether the
5 public record is RECORD IS A PUBLIC RECORD subject to access <--
6 under this act;
7 (5) the requester has not complied with the Commonwealth
8 agency's policies regarding access to public records; or
9 (6) the requester refuses to pay applicable fees
10 authorized by section 7 of this act,
11 the Commonwealth agency shall send written notice to the
12 requester within ten business days of the Commonwealth agency's
13 receipt of the request for access. The notice shall include a
14 statement notifying the requester that the request for access is
15 being reviewed, the reason for the review and a reasonable date
16 that a response is expected to be provided. If the date that a
17 response is expected to be provided is in excess of 30 days,
18 following the ten business days allowed for in subsection (a),
19 the request for access shall be deemed denied.
20 (c) Denial.--If a Commonwealth agency's response is a denial
21 of a written request for access, whether in whole or in part, a
22 written response shall be issued and include:
23 (1) A description of the record requested.
24 (2) A determination that the record requested is not a <--
25 public record and the specific reasons for the agency's
26 determination that the record is not a public record,
27 including a citation of supporting legal authority.
28 (2) THE SPECIFIC REASONS FOR THE DENIAL, INCLUDING A <--
29 CITATION OF SUPPORTING LEGAL AUTHORITY. IF THE DENIAL IS THE
30 RESULT OF A DETERMINATION THAT THE RECORD REQUESTED IS NOT A
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1 PUBLIC RECORD, THE SPECIFIC REASONS FOR THE AGENCY'S
2 DETERMINATION THAT THE RECORD IS NOT A PUBLIC RECORD SHALL BE
3 INCLUDED.
4 (3) The typed or printed name, title, business address,
5 business telephone number and signature of the public
6 official or public employee on whose authority the denial is
7 issued.
8 (4) Date of the response.
9 (5) The procedure to appeal the denial of access under
10 this act.
11 (d) Certified copies.--If a Commonwealth agency's response
12 grants a request for access, the Commonwealth agency shall, upon
13 request, provide the requester with a certified copy of a public
14 record if the requester pays the applicable fees pursuant to
15 section 7.
16 Section 3.4. Non-Commonwealth agency's response to written
17 requests for access.
18 (a) General rule.--Upon receipt of a written request for
19 access to a record, a non-Commonwealth agency shall make a good
20 faith effort to DETERMINE IF THE RECORD REQUESTED IS A PUBLIC <--
21 RECORD AND TO respond as promptly as possible under the
22 circumstances existing at the time of the request, but shall not
23 exceed five business days from the date the written request is
24 receive RECEIVED by the non-Commonwealth agency head or other <--
25 person designated in the rules established by the non-
26 Commonwealth agency for receiving such requests. If the non-
27 Commonwealth agency fails to send the response within five
28 business days of such receipt of the written request for access, <--
29 the written request for access shall be deemed denied.
30 (b) Exception.--Upon receipt of a written request for
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1 access, if a non-Commonwealth agency determines that one of the
2 following applies:
3 (1) the request for access requires redaction of a
4 public record in accordance with section 3.2;
5 (2) the request for access requires the retrieval of a
6 public record stored in a remote location;
7 (3) a timely response to the request for access cannot
8 be accompanied due to bona fide and specified staffing
9 limitations;
10 (4) a legal review is necessary to determine whether the
11 public record is RECORD IS A PUBLIC RECORD subject to access <--
12 under this act;
13 (5) the requester has not complied with the non-
14 Commonwealth agency's policies regarding access to public
15 records; or
16 (6) the requester refuses to pay applicable fees
17 authorized by section 7, the non-Commonwealth agency shall <--
18 AUTHORIZED BY SECTION 7, <--
19 THE NON-COMMONWEALTH AGENCY SHALL send written notice to the
20 requester within five business days of the non-Commonwealth
21 agency's receipt of the request notifying the requester that the
22 request for access is being reviewed, the reason for the review
23 and a reasonable date that a response is expected to be
24 provided. If the date that a response is expected to be provided
25 is in excess of 30 days, following the five business days
26 allowed in subsection (a), the request for access shall be
27 deemed denied.
28 (c) Denial.--If a non-Commonwealth agency's response is a
29 denial of a written request for access, whether in whole or in
30 part, a written response shall be issued and include:
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1 (1) A description of the record requested.
2 (2) A determination that the record requested is not a <--
3 public record and the specific reasons for the agency's
4 determination that the record is not a public record,
5 including a citation of supporting legal authority.
6 (2) THE SPECIFIC REASONS FOR THE DENIAL, INCLUDING A <--
7 CITATION OF SUPPORTING LEGAL AUTHORITY. IF THE DENIAL IS THE
8 RESULT OF A DETERMINATION THAT THE RECORD REQUESTED IS NOT A
9 PUBLIC RECORD, THE SPECIFIC REASONS FOR THE AGENCY'S
10 DETERMINATION THAT THE RECORD IS NOT A PUBLIC RECORD SHALL BE
11 INCLUDED.
12 (3) The typed or printed name, title, business address,
13 business telephone number and signature of the public
14 official or public employee on whose authority the denial is
15 issued.
16 (4) Date of the response.
17 (5) The procedure to appeal the denial of access under
18 this act.
19 (d) Certified copies.--If a non-Commonwealth agency's
20 response grants a request for access, the non-Commonwealth
21 agency shall, upon request, provide the requester with a
22 certified copy of a public record if the requester pays the
23 applicable fees pursuant to section 7.
24 Section 3.5. Final agency determination.
25 (a) Filing of exceptions.--If a written request for access
26 is denied or deemed denied, the requester may file exceptions
27 with the head of the agency denying the request for access
28 within 15 business days of the mailing date of the agency's
29 response. The exception shall state grounds upon which the
30 requester asserts that the record is a public record and shall
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1 address any grounds stated by the agency for delaying or denying
2 the request.
3 (b) Determination.--The agency head or his designee shall
4 make a final determination regarding the exceptions within 30
5 days of the mailing date of the exceptions. Prior to issuing the
6 final determination regarding the exceptions, the agency head or
7 his designee may conduct a hearing. The determination shall be
8 the final order of the agency. If the agency head or his
9 designee determines that the agency correctly denied the request
10 for access, the agency head or his designee shall provide a
11 written explanation to the requester of the reason for the
12 denial.
13 Section 4 5. Section 4 of the act is amended to read: <--
14 [Section 4. Any citizen of the Commonwealth of Pennsylvania
15 denied any right granted to him by section 2 or section 3 of
16 this act, may appeal from such denial. If such court determines
17 that such denial was not for just and proper cause under the
18 terms of this act, it may enter such order for disclosure as it
19 may deem proper.]
20 Section 4. Judicial appeal.
21 (a) Commonwealth agency.--Within 30 days of the mailing date
22 of a final determination of a Commonwealth agency affirming the
23 denial of access, a requester may file a petition for review or
24 other document as might be required by rule of court with the
25 Commonwealth Court.
26 (b) Other agency.--Within 30 days of a denial by an agency
27 other than a Commonwealth agency under section 3.4(c) or of the
28 mailing date of a final determination of any such agency
29 affirming the denial of access, a requester may file a petition
30 for review or other document as might be required by rule of
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1 court with the court of common pleas for the county where the
2 agency's office or facility is located or bring an action in the
3 local magisterial district. A requester is entitled to a
4 reasoned decision containing findings of fact and conclusions of
5 law based upon the evidence as a whole which clearly and
6 concisely states and explains the rationale for the decisions so
7 that all can determine why and how a particular result was
8 reached.
9 (C) NOTICE.--THE AGENCY SHALL BE SERVED NOTICE OF ACTIONS <--
10 COMMENCED IN ACCORDANCE WITH SUBSECTION (A) OR (B) AND SHALL
11 HAVE 15 DAYS TO RESPOND. AN OPPORTUNITY TO RESPOND IN ACCORDANCE <--
12 WITH APPLICABLE COURT RULES.
13 (c) (D) Record on appeal.--The record before a court shall <--
14 consist of the request; the agency's response; the requester's
15 exceptions, if applicable; the hearing transcript, if any; and
16 the agency's final determination, if applicable.
17 Section 5 6. The act is amended by adding sections to read: <--
18 Section 4.1. Court costs and attorney fees.
19 (a) Reversal of agency determination.--If a court reverses
20 an agency's final determination, the court may award reasonable
21 attorney fees and costs of litigation, or an appropriate portion
22 thereof, to a requester if the court finds either of the
23 following:
24 (1) the agency willfully or with wanton disregard
25 deprived the requester of access to public records subject to
26 access under the provisions of this act; or
27 (2) the exemptions, exclusions or defenses asserted by
28 the agency in its final determination were not based on a
29 reasonable interpretation of law.
30 (b) Sanctions for frivolous requests or appeals.--If a court
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1 affirms an agency's final determination, the court may award
2 reasonable attorney fees and costs of litigation, or an
3 appropriate portion thereof, to the agency if the court finds
4 that the legal challenge to the agency's final determination was
5 frivolous.
6 Section 5. Penalties.
7 (a) Summary offense.--An agency, public official or public <--
8 employee OR PUBLIC OFFICIAL who violates this act with the <--
9 intent and purpose of violating this act commits a summary
10 offense SUBJECT TO PROSECUTION BY THE ATTORNEY GENERAL OR THE <--
11 APPROPRIATE DISTRICT ATTORNEY and shall, upon conviction, be
12 sentenced to pay a fine of not more than $100 $300 plus costs of <--
13 prosecution.
14 (b) Civil penalty.--An agency, public official or public <--
15 employee OR PUBLIC OFFICIAL who does not promptly comply with a <--
16 court order under this act is subject to a civil penalty of not
17 more than $100 $300 per day until the public records are <--
18 provided.
19 Section 6. Immunity.
20 (a) General rule.--Except as provided in sections 4.1 and 5,
21 AND OTHER STATUTES GOVERNING THE RELEASE OF RECORDS, no agency, <--
22 public official or public employee shall be liable for civil or
23 criminal damages or penalties resulting from compliance or
24 failure to comply with this act.
25 (b) Schedules.--No agency, public official or public
26 employee shall be liable for civil or criminal damages or
27 penalties under this act for complying with any written public
28 record retention and disposition schedule.
29 Section 7. Fee limitations.
30 (a) Postage.--Fees for postage may not exceed the actual
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1 cost of mailing.
2 (b) Photocopying.--Fees for photocopying must be reasonable <--
3 and based on prevailing fees for comparable photocopying
4 services provided by local business entities.
5 (c) Limitations.--No other fees may be imposed unless the
6 agency necessarily incurs costs for complying with the request,
7 and such fees must be reasonable.
8 (B) DUPLICATION.--FEES FOR DUPLICATION BY PHOTOCOPYING, <--
9 PRINTING FROM ELECTRONIC MEDIA OR MICROFILM, COPYING ONTO
10 ELECTRONIC MEDIA, TRANSMISSION BY FACSIMILE OR OTHER ELECTRONIC
11 MEANS AND OTHER MEANS OF DUPLICATION MUST BE REASONABLE AND
12 BASED ON PREVAILING FEES FOR COMPARABLE DUPLICATION SERVICES
13 PROVIDED BY LOCAL BUSINESS ENTITIES.
14 (C) CERTIFICATION.--AN AGENCY MAY IMPOSE REASONABLE FEES FOR
15 OFFICIAL CERTIFICATION OF COPIES IF THE CERTIFICATION IS AT THE
16 BEHEST OF THE REQUESTER AND FOR THE PURPOSE OF LEGALLY VERIFYING
17 THE RECORD.
18 (D) CONVERSION TO PAPER.--IF A PUBLIC RECORD IS ONLY
19 MAINTAINED ELECTRONICALLY OR IN OTHER NONPAPER MEDIA,
20 DUPLICATION FEES SHALL BE LIMITED TO THE LESSER OF THE FEE FOR
21 DUPLICATION ON PAPER OR THE FEE FOR DUPLICATION IN THE NATIVE
22 MEDIA AS PROVIDED BY SUBSECTION (B) UNLESS THE REQUESTER <--
23 SPECIFICALLY REQUESTS FOR THE PUBLIC RECORD TO BE DUPLICATED IN
24 THE MORE EXPENSIVE MEDIUM.
25 (E) ENHANCED ELECTRONIC ACCESS.--IF AN AGENCY OFFERS
26 ENHANCED ELECTRONIC ACCESS TO PUBLIC RECORDS IN ADDITION TO
27 MAKING SUCH PUBLIC RECORDS ACCESSIBLE FOR INSPECTION AND
28 DUPLICATION BY A REQUESTER AS REQUIRED BY THIS ACT, THE AGENCY
29 MAY ESTABLISH USER FEES SPECIFICALLY FOR THE PROVISION OF SUCH
30 ENHANCED ELECTRONIC ACCESS, BUT ONLY TO THE EXTENT THAT SUCH
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1 ENHANCED ELECTRONIC ACCESS IS IN ADDITION TO MAKING SUCH PUBLIC
2 RECORDS ACCESSIBLE FOR INSPECTION AND DUPLICATION BY A REQUESTER
3 AS REQUIRED BY THIS ACT. THE USER FEES FOR ENHANCED ELECTRONIC
4 ACCESS MAY BE A FLAT RATE, A SUBSCRIPTION FEE FOR A PERIOD OF
5 TIME, A PER-TRANSACTION FEE, A FEE BASED ON THE CUMULATIVE TIME
6 OF SYSTEM ACCESS OR ANY OTHER REASONABLE METHOD AND ANY
7 COMBINATION THEREOF. THE USER FEES FOR ENHANCED ELECTRONIC
8 ACCESS MUST BE REASONABLE AND MAY NOT BE ESTABLISHED WITH THE
9 INTENT OR EFFECT OF EXCLUDING PERSONS FROM ACCESS TO PUBLIC
10 RECORDS OR DUPLICATES THEREOF OR OF CREATING PROFIT FOR THE
11 AGENCY.
12 (F) WAIVER OF FEES.--AN AGENCY MAY WAIVE THE FEES FOR
13 DUPLICATION OF A PUBLIC RECORD, INCLUDING, BUT NOT LIMITED TO,
14 WHEN:
15 (1) THE REQUESTER DUPLICATES THE PUBLIC RECORD; OR
16 (2) THE AGENCY DEEMS IT IS IN THE PUBLIC INTEREST TO DO
17 SO.
18 (G) LIMITATIONS.--EXCEPT AS OTHERWISE PROVIDED BY STATUTE,
19 NO OTHER FEES MAY BE IMPOSED UNLESS THE AGENCY NECESSARILY
20 INCURS COSTS FOR COMPLYING WITH THE REQUEST, AND SUCH FEES MUST
21 BE REASONABLE. NO FEE MAY BE IMPOSED FOR AN AGENCY'S REVIEW OF A
22 RECORD TO DETERMINE WHETHER THE RECORD IS A PUBLIC RECORD
23 SUBJECT TO THIS ACT.
24 (d) (H) Prepayment.--Prior to granting a request for access <--
25 in accordance with this act, an agency may require a requester
26 to prepay an estimate of the fees authorized under this section
27 if the fees required to fulfill the request are expected to
28 exceed $100.
29 Section 8. Implementation.
30 (a) Requirement.--An agency shall establish written policies
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1 and may promulgate regulations necessary to implement this act.
2 (b) Content.--The written policies shall include the name of
3 the office to which requests for access shall be addressed and a
4 list of applicable fees.
5 (c) Prohibition.--A policy or regulation may not include any
6 of the following:
7 (1) A limitation on the number of public records which
8 may be requested or made available under section 2 FOR <--
9 INSPECTION OR DUPLICATION.
10 (2) A requirement to disclose the purpose or motive for <--
11 the request for access. IN REQUESTING ACCESS TO RECORDS WHICH <--
12 ARE PUBLIC RECORDS.
13 (d) Access POSTING.--The policies shall be conspicuously <--
14 posted at the agency and may be made available by electronic
15 means.
16 Section 9. Practice and procedure.
17 The provisions of 2 Pa.C.S. (relating to administrative law
18 and procedure) shall not apply to this act.
19 Section 6 7. If an agency receives a request for a public <--
20 record that is subject to a confidentiality agreement executed
21 before the effective date of this act, the law in effect at the
22 time the agreement was executed, including judicial
23 interpretation of the law, shall govern WHETHER THE RECORD IS A <--
24 PUBLIC RECORD AND access to the public record unless all parties
25 to the confidentiality agreement agree in writing to be governed
26 by this act.
27 Section 7 8. This act shall take effect in 180 days. <--
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