CORRECTIVE REPRINT PRIOR PRINTER'S NOS. 772, 1509, 1553, PRINTER'S NO. 1726 1562, 1583, 1646, 1704, 1721
No. 1 Session of 2007
INTRODUCED BY PILEGGI, SCARNATI, MELLOW, ORIE, KASUNIC, MUSTO, RAFFERTY, O'PAKE, TOMLINSON, M. WHITE, ERICKSON, WAUGH, FOLMER, COSTA, EARLL, VANCE, BOSCOLA, CORMAN, WONDERLING, GORDNER, RHOADES, D. WHITE, PIPPY, MADIGAN, ARMSTRONG, BAKER, C. WILLIAMS, BRUBAKER, BROWNE, REGOLA, DINNIMAN AND EICHELBERGER, MARCH 29, 2007
SENATE AMENDMENTS TO HOUSE AMENDMENTS, JANUARY 29, 2008
AN ACT 1 Providing for access to public information, for a designated <-- 2 open-records officer in each Commonwealth agency, local 3 agency, judicial agency and legislative agency, for 4 procedure, for appeal of agency determination, for judicial 5 review and for the Pennsylvania Public Records Office; 6 imposing penalties; providing for reporting by State-related 7 institutions; requiring the posting of certain State contract 8 information on the Internet; and making related repeals. 9 PROVIDING FOR ACCESS TO PUBLIC INFORMATION, FOR A DESIGNATED <-- 10 OPEN-RECORDS OFFICER IN EACH COMMONWEALTH AGENCY, LOCAL 11 AGENCY, JUDICIAL AGENCY AND LEGISLATIVE AGENCY, FOR 12 PROCEDURE, FOR APPEAL OF AGENCY DETERMINATION, FOR JUDICIAL 13 REVIEW AND FOR THE OFFICE OF OPEN RECORDS; IMPOSING 14 PENALTIES; PROVIDING FOR REPORTING BY STATE-RELATED 15 INSTITUTIONS; REQUIRING THE POSTING OF CERTAIN STATE CONTRACT 16 INFORMATION ON THE INTERNET; AND MAKING RELATED REPEALS. 17 TABLE OF CONTENTS <-- 18 Chapter 1. Preliminary Provisions 19 Section 101. Short title. 20 Section 102. Definitions. 21 Chapter 3. Requirements and Prohibitions 22 Section 301. Commonwealth agencies.
1 Section 302. Local agencies. 2 Section 303. Legislative agencies. 3 Section 304. Judicial agencies. 4 Section 305. Presumption. 5 Section 306. Nature of document. 6 Chapter 5. Access 7 Section 501. Scope of chapter. 8 Section 502. Open-records officer. 9 Section 503. (Reserved). 10 Section 504. Regulations and policies. 11 Section 505. Uniform form. 12 Section 506. Requests. 13 Section 507. Retention of records. 14 Chapter 7. Procedure 15 Section 701. Access. 16 Section 702. Requests. 17 Section 703. Written requests. 18 Section 704. Electronic access. 19 Section 705. Creation of record. 20 Section 706. Redaction. 21 Section 707. Production of certain records. 22 Section 708. Exceptions for public records. 23 Section 709. Internet access. 24 Chapter 9. Agency Response 25 Section 901. General rule. 26 Section 902. Extension of time. 27 Section 903. Denial. 28 Section 904. Certified copies. 29 Section 905. Administrative denial. 30 Section 906. Record discard. 20070S0001B1726 - 2 -
1 Chapter 11. Appeal of Agency Determination 2 Section 1101. Filing of appeal. 3 Chapter 13. Judicial Review 4 Section 1301. Commonwealth agencies, legislative agencies and 5 judicial agencies. 6 Section 1302. Local agencies. 7 Section 1303. Notice and records. 8 Section 1304. Court costs and attorney fees. 9 Section 1305. Penalties. 10 Section 1306. Immunity. 11 Section 1307. Fee limitations. 12 Section 1308. Prohibition. 13 Section 1309. Practice and procedure. 14 Section 1310. Pennsylvania Public Records Office. 15 Section 1311. Administrative appeals. 16 Chapter 15. State-Related Institutions 17 Section 1501. Definition. 18 Section 1502. Reporting. 19 Section 1503. Contents of report. 20 Section 1504. Copies and posting. 21 Chapter 17. State Contract Information 22 Section 1701. Submission and retention of contracts. 23 Section 1702. Public availability of contracts. 24 Chapter 19. Public Officials 25 Section 1901. Disclosure of affiliation. 26 Chapter 31. Miscellaneous Provisions 27 Section 3101. Applicability. 28 Section 3101.1. Relation to other law or judicial actions. 29 Section 3101.2. Severability. 30 Section 3102. Repeals. 20070S0001B1726 - 3 -
1 Section 3103. References. 2 Section 3104. Effective date. 3 TABLE OF CONTENTS <-- 4 CHAPTER 1. PRELIMINARY PROVISIONS 5 SECTION 101. SHORT TITLE. 6 SECTION 102. DEFINITIONS. 7 CHAPTER 3. REQUIREMENTS AND PROHIBITIONS 8 SECTION 301. COMMONWEALTH AGENCIES. 9 SECTION 302. LOCAL AGENCIES. 10 SECTION 303. LEGISLATIVE AGENCIES. 11 SECTION 304. JUDICIAL AGENCIES. 12 SECTION 305. PRESUMPTION. 13 SECTION 306. NATURE OF DOCUMENT. 14 CHAPTER 5. ACCESS 15 SECTION 501. SCOPE OF CHAPTER. 16 SECTION 502. OPEN-RECORDS OFFICER. 17 SECTION 503. APPEALS OFFICER. 18 SECTION 504. REGULATIONS AND POLICIES. 19 SECTION 505. UNIFORM FORM. 20 SECTION 506. REQUESTS. 21 SECTION 507. RETENTION OF RECORDS. 22 CHAPTER 7. PROCEDURE 23 SECTION 701. ACCESS. 24 SECTION 702. REQUESTS. 25 SECTION 703. WRITTEN REQUESTS. 26 SECTION 704. ELECTRONIC ACCESS. 27 SECTION 705. CREATION OF RECORD. 28 SECTION 706. REDACTION. 29 SECTION 707. PRODUCTION OF CERTAIN RECORDS. 30 SECTION 708. EXCEPTIONS FOR PUBLIC RECORDS. 20070S0001B1726 - 4 -
1 CHAPTER 9. AGENCY RESPONSE 2 SECTION 901. GENERAL RULE. 3 SECTION 902. EXTENSION OF TIME. 4 SECTION 903. DENIAL. 5 SECTION 904. CERTIFIED COPIES. 6 SECTION 905. RECORD DISCARD. 7 CHAPTER 11. APPEAL OF AGENCY DETERMINATION 8 SECTION 1101. FILING OF APPEAL. 9 SECTION 1102. APPEALS OFFICERS. 10 CHAPTER 13. JUDICIAL REVIEW 11 SECTION 1301. COMMONWEALTH AGENCIES, LEGISLATIVE AGENCIES AND 12 JUDICIAL AGENCIES. 13 SECTION 1302. LOCAL AGENCIES. 14 SECTION 1303. NOTICE AND RECORDS. 15 SECTION 1304. COURT COSTS AND ATTORNEY FEES. 16 SECTION 1305. PENALTIES. 17 SECTION 1306. IMMUNITY. 18 SECTION 1307. FEE LIMITATIONS. 19 SECTION 1308. PROHIBITION. 20 SECTION 1309. PRACTICE AND PROCEDURE. 21 SECTION 1310. OFFICE OF OPEN RECORDS. 22 CHAPTER 15. STATE-RELATED INSTITUTIONS 23 SECTION 1501. DEFINITION. 24 SECTION 1502. REPORTING. 25 SECTION 1503. CONTENTS OF REPORT. 26 SECTION 1504. COPIES AND POSTING. 27 CHAPTER 17. STATE CONTRACT INFORMATION 28 SECTION 1701. SUBMISSION AND RETENTION OF CONTRACTS. 29 SECTION 1702. PUBLIC AVAILABILITY OF CONTRACTS. 30 CHAPTER 31. MISCELLANEOUS PROVISIONS 20070S0001B1726 - 5 -
1 SECTION 3101. APPLICABILITY. 2 SECTION 3101.1. RELATION TO OTHER LAW OR JUDICIAL ACTIONS. 3 SECTION 3101.2. SEVERABILITY. 4 SECTION 3102. REPEALS. 5 SECTION 3103. REFERENCES. 6 SECTION 3104. EFFECTIVE DATE. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 CHAPTER 1 <-- 10 PRELIMINARY PROVISIONS 11 Section 101. Short title. 12 This act shall be known and may be cited as the Right-to-Know 13 Law. 14 Section 102. Definitions. 15 The following words and phrases when used in this act shall 16 have the meanings given to them in this section unless the 17 context clearly indicates otherwise: 18 "Administrative proceeding." A proceeding by an agency the 19 outcome of which is required to be based on a record or 20 documentation prescribed by law or in which a statute or 21 regulation is particularized in application to individuals. The 22 term includes an appeal. 23 "Agency." A Commonwealth agency, a local agency, a judicial 24 agency or a legislative agency. 25 "Aggregated data." A tabulation of data which relate to 26 broad classes, groups or categories so that it is not possible 27 to distinguish the properties of individuals within those 28 classes, groups or categories. 29 "Commonwealth agency." Any of the following: 30 (1) Any office, department, authority, board, multistate 20070S0001B1726 - 6 -
1 agency or commission of the executive branch; an independent 2 agency; and a State-affiliated entity. The term includes: 3 (i) The Governor's Office. 4 (ii) The Office of Attorney General, the Department 5 of the Auditor General and the Treasury Department. 6 (iii) An organization established by the 7 Constitution of Pennsylvania, a statute or an executive 8 order which performs or is intended to perform an 9 essential governmental function. 10 (2) The term does not include a judicial or legislative 11 agency. 12 "Confidential proprietary information." Commercial or 13 financial information received by an agency: 14 (1) which is privileged or confidential; and 15 (2) the disclosure of which would cause substantial harm 16 to the competitive position of the person that submitted the 17 information. 18 "Financial record." Includes: 19 (1) Any account, voucher or contract dealing with: 20 (i) the receipt or disbursement of funds by an 21 agency; or 22 (ii) an agency's acquisition, use or disposal of 23 services, supplies, materials, equipment or property. 24 (2) The salary or other payments or expenses paid to an 25 officer or employee of an agency, including the name and 26 title of the officer or employee. 27 (3) Results of a financial audit. 28 (4) Application and database compilation or log of 29 applications by political subdivisions, nonprofit 30 organizations, other entities and individuals for the receipt 20070S0001B1726 - 7 -
1 of State-funded grants awarded on a discretionary basis by a 2 Commonwealth agency, including legislative initiative grants, 3 regardless of whether the applicant receives the grant for 4 which it has applied. For purposes of this paragraph, 5 financial record shall include information regarding: 6 (i) where applicable, the application sequence 7 number; 8 (ii) the date the application was received by the 9 Commonwealth agency; 10 (iii) the applicant name and contact person; 11 (iv) the project description; 12 (v) the project location; 13 (vi) the amount of funding requested; 14 (vii) any notations as to whether the application 15 was complete and consistent with program guidelines; 16 (viii) whether or not the Commonwealth agency had 17 approved the application; 18 (ix) where applicable, the amount of the grant 19 awarded; 20 (x) where applicable, the date on which the 21 Commonwealth agency notified the applicant that it 22 approved the application; 23 (xi) in the case of a legislative initiative grant, 24 the name of any member of the General Assembly who 25 recommends the grantee; and 26 (xii) any other relevant information that qualifies 27 as a public record or financial record under this act. 28 "Homeland security." Governmental actions designed to 29 prevent, detect, respond to and recover from acts of terrorism, 30 major disasters and other emergencies, whether natural or 20070S0001B1726 - 8 -
1 manmade. The term includes activities relating to the following: 2 (1) emergency preparedness and response, including 3 preparedness and response activities by volunteer medical, 4 police, emergency management, hazardous materials and fire 5 personnel; 6 (2) intelligence activities; 7 (3) critical infrastructure protection; 8 (4) border security; 9 (5) ground, aviation and maritime transportation 10 security; 11 (6) biodefense; 12 (7) detection of nuclear and radiological materials; and 13 (8) research on next-generation securities technologies. 14 "Independent agency." Any board, commission or other agency 15 or officer of the Commonwealth, that is not subject to the 16 policy supervision and control of the Governor. The term does 17 not include a legislative or judicial agency. 18 "Judicial agency." A court of the Commonwealth or any other 19 entity or office of the unified judicial system. 20 "Legislative agency." Any of the following: 21 (1) The Senate. 22 (1.1) Political party caucuses of the Senate. 23 (2) The House of Representatives. 24 (2.1) Political party caucuses of the House of 25 Representatives. 26 (3) The Capitol Preservation Committee. 27 (4) The Center for Rural Pennsylvania. 28 (5) The Joint Legislative Air and Water Pollution 29 Control and Conservation Committee. 30 (6) The Joint State Government Commission. 20070S0001B1726 - 9 -
1 (7) The Legislative Budget and Finance Committee. 2 (8) The Legislative Data Processing Committee. 3 (9) The Independent Regulatory Review Commission. 4 (10) The Legislative Reference Bureau. 5 (11) The Local Government Commission. 6 (12) The Pennsylvania Commission on Sentencing. 7 (13) The Legislative Reapportionment Commission. 8 "Legislative initiative grant." A grant that is awarded, in 9 whole or in part, on the basis of a recommendation made by or on 10 behalf of a member of the General Assembly. 11 "Legislative record." Any of the following relating to a 12 legislative agency: 13 (1) A financial record. 14 (2) A bill or resolution that has been introduced and 15 amendments offered thereto in committee or in legislative 16 session, including resolutions to adopt or amend the rules of 17 a chamber. 18 (3) Fiscal notes. 19 (4) A cosponsorship memorandum. 20 (5) The journal of a chamber. 21 (6) The minutes of, record of attendance of members at a 22 public hearing or a public committee meeting and all recorded 23 votes taken in a public committee meeting. 24 (7) The transcript of a public hearing when available. 25 (8) Executive nomination calendars. 26 (9) The rules of a chamber. 27 (10) A record of all recorded votes taken in a 28 legislative session. 29 (11) Any administrative staff manuals or written 30 policies. 20070S0001B1726 - 10 -
1 (12) An audit prepared pursuant to the act of June 30, 2 1970 (P.L.442, No.151) entitled, "An act implementing the 3 provisions of Article VIII, section 10 of the Constitution of 4 Pennsylvania, by designating the Commonwealth officers who 5 shall be charged with the function of auditing the financial 6 transactions after the occurrence thereof of the Legislative 7 and Judicial branches of the government of the Commonwealth, 8 establishing a Legislative Audit Advisory Commission, and 9 imposing certain powers and duties on such commission." 10 (13) Final or annual reports required by law to be 11 submitted to the General Assembly. 12 (14) Legislative Budget and Finance Committee reports. 13 (15) Daily Legislative Session Calendars and marked 14 calendars. 15 (16) A record communicating to an agency the official 16 appointment of a legislative appointee. 17 (17) A record communicating to the appointing authority 18 the resignation of a legislative appointee. 19 (18) Proposed regulations, final-form regulations and 20 final-omitted regulations submitted to a legislative agency. 21 (19) The results of polling contracted for or conducted 22 by a legislative agency and paid for with funds of the 23 legislative agency. 24 "Local agency." Any of the following: 25 (1) Any political subdivision, intermediate unit, 26 charter school or public trade or vocational school. 27 (2) Any local, intergovernmental, regional or municipal 28 agency, authority, council, board, commission or similar 29 governmental entity. 30 "Personal financial information." An individual's personal 20070S0001B1726 - 11 -
1 credit, charge or debit card information; bank account 2 information; bank, credit or financial statements; account or 3 PIN numbers and other information relating to an individual's 4 personal finances. 5 "Privilege." The attorney-work product doctrine, the 6 attorney-client privilege, the doctor-patient privilege or other 7 privilege recognized by a court interpreting the laws of this 8 Commonwealth. 9 "Public record." A record of a Commonwealth or local agency 10 that: 11 (1) is not exempt under section 708; 12 (2) is not exempt from being disclosed under any other 13 Federal or State law or regulation or judicial order or 14 decree; or 15 (3) is not protected by a privilege. 16 "Record." Information, regardless of physical form or 17 characteristics, that documents a transaction or activity of an 18 agency and that is created, received or retained pursuant to law 19 or in connection with a legal transaction, business or activity 20 of the agency. The term includes a document, paper, letter, map, 21 book, tape, photograph, film or sound recording, information 22 stored or maintained electronically and a data-processed or 23 image-processed document. The term includes a financial record, 24 a legislative record and a public record. 25 "Records office." The Pennsylvania Public Records Office 26 established under section 1310. 27 "Requester." A person that is a resident of the United 28 States or a legal entity and requests a record pursuant to this 29 act. The term includes a political subdivision. 30 "Response." Access to a record or an agency's written notice 20070S0001B1726 - 12 -
1 to a requester granting, denying or partially granting and 2 partially denying access to a record. 3 "Social services." Cash assistance and other welfare 4 benefits, medical, mental and other health care services, drug 5 and alcohol treatment, adoption services, vocational and 6 occupational training, education services, counseling services, 7 workers' compensation services and unemployment compensation 8 services, foster care services and services for victims of 9 crimes. 10 "State-affiliated entity." A Commonwealth authority or 11 Commonwealth entity. The term includes the Pennsylvania Gaming 12 Control Board, the Pennsylvania Game Commission, the 13 Pennsylvania Fish and Boat Commission, the Pennsylvania Higher 14 Education Assistance Agency and all nonprofit corporations 15 established thereby, the Pennsylvania Housing Finance Agency, 16 the Pennsylvania Municipal Retirement Board, the State System of 17 Higher Education, a community college, the Pennsylvania Turnpike 18 Commission, the Pennsylvania Public Utility Commission, the 19 Pennsylvania Infrastructure Investment Authority, the State 20 Public School Building Authority, the Pennsylvania 21 Interscholastic Athletic Association and the Pennsylvania 22 Educational Facilities Authority. The term does not include a 23 State-related institution. 24 "Terrorist act." A violent or life-threatening act that 25 violates the criminal laws of the United States or any state and 26 appears to be intended to: 27 (1) intimidate or coerce a civilian population; 28 (2) influence the policy of a government; or 29 (3) affect the conduct of a government by mass 30 destruction, assassination or kidnapping. 20070S0001B1726 - 13 -
1 "Trade secret." Information, including a formula, drawing, 2 pattern, compilation, including a customer list, program, 3 device, method, technique or process that: 4 (1) derives independent economic value, actual or 5 potential, from not being generally known to and not being 6 readily ascertainable by proper means by other persons who 7 can obtain economic value from its disclosure or use; and 8 (2) is the subject of efforts that are reasonable under 9 the circumstances to maintain its secrecy. 10 The term includes data processing software obtained by an agency 11 under a licensing agreement prohibiting disclosure. 12 CHAPTER 3 13 REQUIREMENTS AND PROHIBITIONS 14 Section 301. Commonwealth agencies. 15 (a) Requirement.--A Commonwealth agency shall provide public 16 records in accordance with this act. 17 (b) Prohibition.--A Commonwealth agency may not deny a 18 requester access to a public record due to the intended use of 19 the public record by the requester unless otherwise provided by 20 law. 21 Section 302. Local agencies. 22 (a) Requirement.--A local agency shall provide public 23 records in accordance with this act. 24 (b) Prohibition.--A local agency may not deny a requester 25 access to a public record due to the intended use of the public 26 record by the requester unless otherwise provided by law. 27 Section 303. Legislative agencies. 28 (a) Requirement.--A legislative agency shall provide 29 legislative records in accordance with this act. 30 (b) Prohibition.--A legislative agency may not deny a 20070S0001B1726 - 14 -
1 requester access to a legislative record due to the intended use 2 of the legislative record by the requester. 3 Section 304. Judicial agencies. 4 (a) Requirement.--A judicial agency shall provide financial 5 records in accordance with this act or any rule or order of 6 court providing equal or greater access to the records. 7 (b) Prohibition.--A judicial agency may not deny a requester 8 access to a financial record due to the intended use of the 9 financial record by the requester. 10 Section 305. Presumption. 11 (a) General rule.--A record in the possession of a 12 Commonwealth agency or local agency shall be presumed to be a 13 public record unless: 14 (1) the record is exempt under section 708; 15 (2) the record is protected by a privilege; or 16 (3) the record is exempt from disclosure under any other 17 Federal or State law or regulation or judicial order or 18 decree. 19 (b) Legislative records and financial records.--A 20 legislative record in the possession of a legislative agency and 21 a financial record in the possession of a judicial agency shall 22 be presumed to be available to the public unless: 23 (1) the record is exempt under 708(c) or (d); 24 (2) the record is protected by a privilege; or 25 (3) the record is exempt from disclosure under any other 26 Federal or State law or regulation or judicial order or 27 decree. 28 Section 306. Nature of document. 29 Nothing in this act shall supersede or modify the public or 30 confidential nature of a record or document established in 20070S0001B1726 - 15 -
1 Federal or State law, regulation or judicial order or decree. 2 CHAPTER 5 3 ACCESS 4 Section 501. Scope of chapter. 5 This chapter applies to all agencies. 6 Section 502. Open-records officer. 7 (a) Establishment.-- 8 (1) An agency shall designate an official or employee to 9 act as the open-records officer. 10 (2) For a legislative agency other than the Senate or 11 the House of Representatives, or a political party caucus of 12 the Senate or the House of Representatives the open-records 13 officer designated by the Legislative Reference Bureau shall 14 serve as the open-records officer. 15 (b) Functions.-- 16 (1) The open-records officer shall receive requests 17 submitted to the agency under this act, direct requests to 18 other appropriate persons within the agency or to appropriate 19 persons in another agency, track the agency's progress in 20 responding to requests and issue interim and final responses 21 under this act. 22 (2) Upon receiving a request for a public record, 23 legislative record or financial record, the open-records 24 officer shall do all of the following: 25 (i) Note the date of receipt on the written request. 26 (ii) Compute the day on which the five-day period 27 under section 901 will expire and make a notation of that 28 date on the written request. 29 (iii) Maintain an electronic or paper copy of a 30 written request, including all documents submitted with 20070S0001B1726 - 16 -
1 the request until the request has been fulfilled. If the 2 request is denied, the written request shall be 3 maintained for 30 days or, if an appeal is filed, until a 4 final determination is issued under section 1101(b) or 5 the appeal is deemed denied. 6 (iv) Create a file for the retention of the original 7 request, a copy of the response, a record of written 8 communications with the requester and a copy of other 9 communications. This subparagraph shall only apply to 10 Commonwealth agencies. 11 Section 503. (Reserved). 12 Section 504. Regulations and policies. 13 (a) Authority.--An agency may promulgate regulations, rules 14 or policies necessary for the agency to implement this act. The 15 records office may promulgate regulations relating to appeals 16 involving a Commonwealth agency, legislative agency or local 17 agency. 18 (b) Posting.--The following information shall be posted at 19 each agency and, if the agency maintains an Internet website, on 20 the agency's Internet website: 21 (1) Contact information for the open-records officer. 22 (2) Contact information for the records office or other 23 applicable appeals officer. 24 (3) A form which may be used to file a request. 25 (4) Rules, regulations, policies and procedures of the 26 agency relating to this act. 27 Section 505. Uniform form. 28 (a) Commonwealth agencies and legislative agencies.--The 29 records office shall develop a uniform form which shall be 30 accepted by all Commonwealth agencies, legislative agencies and 20070S0001B1726 - 17 -
1 local agencies in addition to any form used by the agency to 2 file a request under this act. The uniform form shall be 3 published in the Pennsylvania Bulletin and on the record 4 office's Internet website. 5 (b) Judicial agencies.--A judicial agency may develop a form 6 to request financial records or may use a form developed by the 7 Administrative Office of Pennsylvania Courts or the records 8 office. 9 Section 506. Requests. 10 (a) Disruptive requests.-- 11 (1) An agency may deny a requester access to a record if 12 the requester has made repeated requests for that same record 13 which requests have placed an unreasonable burden on the 14 agency. 15 (2) A denial under this subsection shall not restrict 16 the ability to request a different record. 17 (b) Disaster or potential damage.-- 18 (1) An agency may deny a requester access: 19 (i) when timely access is not possible due to fire, 20 flood or other disaster; or 21 (ii) to historical, ancient or rare documents, 22 records, archives and manuscripts when access may, in the 23 professional judgment of the curator or custodian of 24 records, cause physical damage or irreparable harm to the 25 record. 26 (2) To the extent possible, the contents of a record 27 under this subsection shall be made accessible to a requester 28 even when the record is physically unavailable. 29 (c) Agency discretion.--An agency may exercise its 30 discretion to make any otherwise exempt record accessible for 20070S0001B1726 - 18 -
1 inspection and copying under this chapter, if all of the 2 following apply: 3 (1) Disclosure of the record is not prohibited under any 4 of the following: 5 (i) Federal or State law or regulation. 6 (ii) Judicial order or decree. 7 (2) The record is not protected by a privilege. 8 (3) The agency head determines that the public interest 9 favoring access substantially outweighs any individual, 10 agency or public interest that may favor restriction of 11 access. 12 (d) Agency possession.-- 13 (1) A public record that is not in the possession of an 14 agency but is in the possession of a party with whom the 15 agency has contracted to perform a governmental function on 16 behalf of the agency, and which directly relates to the 17 governmental function and is not exempt under section 305, 18 shall be considered a public record of the agency for 19 purposes of this act. 20 (2) Nothing in this act shall be construed to require 21 access to any other record of the party in possession of the 22 public record. 23 (3) A request for a public record in possession of a 24 party other than the agency shall be submitted to the open 25 records officer of the agency. Upon a determination to grant 26 the request, the open records officer shall assess the 27 duplication fee established under section 1307(b) and upon 28 collection shall remit the fee to the party in possession of 29 the record if the party duplicated the record. 30 Section 507. Retention of records. 20070S0001B1726 - 19 -
1 Nothing in this act shall be construed to modify, rescind or 2 supersede any record retention disposition schedule of an agency 3 established pursuant to law, regulation, policy or other 4 directive. 5 CHAPTER 7 6 PROCEDURE 7 Section 701. Access. 8 (a) General rule.--Unless otherwise provided by law, a 9 public record, legislative record or financial record shall be 10 accessible for inspection and duplication in accordance with 11 this act. A record being provided to a requester shall be 12 provided in the medium requested if it exists in that medium; 13 otherwise, it shall be provided in the medium in which it 14 exists. Public records, legislative records or financial records 15 shall be available for access during the regular business hours 16 of an agency. 17 (a.1) Gaming Control Board policies.--All information 18 related to the development of Gaming Control Board policies, 19 regulations, procedures or any other recommendations regarding 20 implementation of 4 Pa.C.S. § 1212 (relating to diversity goals 21 of board) or 1325 (relating to license or permit issuance), 22 including, but not limited to, any documents or other materials 23 prepared for the use of the board, its employees or independent 24 contractors, shall be considered a public record and subject to 25 disclosure. 26 (b) Construction.--Nothing in this act shall be construed to 27 require access to any computer either of an agency or individual 28 employee of an agency. 29 Section 702. Requests. 30 Agencies may fulfill informal verbal, written or anonymous 20070S0001B1726 - 20 -
1 verbal or written requests for access to records under this act. 2 In the event that the requester wishes to pursue the relief and 3 remedies provided for in this act, the requester must initiate 4 such relief with a written request. 5 Section 703. Written requests. 6 A written request for access to records may be submitted in 7 person, by mail, by e-mail, by facsimile or, to the extent 8 provided by agency rules, any other electronic means. A written 9 request shall be addressed to the agency head or open-records 10 officer designated pursuant to section 502. A written request 11 should identify or describe the records sought with sufficient 12 specificity to enable the agency to ascertain which records are 13 being requested and shall include the name and address to which 14 the agency should address its response. A written request need 15 not include any explanation of the requester's reason for 16 requesting or intended use of the records unless otherwise 17 provided by law. 18 Section 704. Electronic access. 19 (a) General rule.--In addition to the requirements of 20 section 701, an agency may make its records available through 21 any publicly accessible electronic means. 22 (b) Response.-- 23 (1) In addition to the requirements of section 701, an 24 agency may respond to a request by notifying the requester 25 that the record is available through publicly accessible 26 electronic means or that the agency will provide access to 27 inspect the record electronically. 28 (2) If the requester is unwilling or unable to access 29 the record electronically, the requester may, within 30 days 30 following receipt of the agency notification, submit a 20070S0001B1726 - 21 -
1 written request to the agency to have the record converted to 2 paper. The agency shall provide the record in printed form 3 within five days of the receipt of the written request for 4 conversion to paper. 5 Section 705. Creation of record. 6 When responding to a request for access, an agency shall not 7 be required to create a record which does not currently exist or 8 to compile, maintain, format or organize a record in a manner in 9 which the agency does not currently compile, maintain, format or 10 organize the record. 11 Section 706. Redaction. 12 If an agency determines that a public record, legislative 13 record or financial record contains information which is subject 14 to access as well as information which is not subject to access, 15 the agency's response shall grant access to the information 16 which is subject to access and deny access to the information 17 which is not subject to access. If the information which is not 18 subject to access is an integral part of the public record, 19 legislative record or financial record and cannot be separated, 20 the agency shall redact from the record the information which is 21 not subject to access, and the response shall grant access to 22 the information which is subject to access. The agency may not 23 deny access to the record if the information which is not 24 subject to access is able to be redacted. Information which an 25 agency redacts in accordance with this subsection shall be 26 deemed a denial under Chapter 9. 27 Section 707. Production of certain records. 28 (a) General rule.--If, in response to a request, an agency 29 produces a record that is not a public record, legislative 30 record or financial record, the agency shall notify any third 20070S0001B1726 - 22 -
1 party that provided the record to the agency, the person that is 2 the subject of the record and the requester. 3 (b) Requests for trade secrets.--An agency shall notify a 4 third party of a request for a record if the third party 5 provided the record and included a written statement signed by a 6 representative of the third party that the record contains a 7 trade secret or confidential proprietary information. 8 Notification shall be provided within five business days of 9 receipt of the request for the record. The third party shall 10 have five business days from receipt of notification from the 11 agency to provide input on the release of the record. The agency 12 shall deny the request for the record or release the record 13 within ten business days of the provision of notice to the third 14 party and shall notify the third party of the decision. 15 (c) Transcripts.-- 16 (1) Prior to an adjudication becoming final, binding and 17 nonappealable, a transcript of an administrative proceeding 18 shall be provided to a requester by the agency stenographer 19 or a court reporter, in accordance with agency procedure or 20 an applicable contract. 21 (2) Following an adjudication becoming final, binding 22 and nonappealable, a transcript of an administrative 23 proceeding shall be provided to a requester in accordance 24 with the duplication rates established in section 1307(b). 25 Section 708. Exceptions for public records. 26 (a) Burden of proof.-- 27 (1) The burden of proving that a public record is exempt 28 from public access shall be on the agency receiving a request 29 by a preponderance of the evidence. 30 (2) The burden of proving that a legislative record is 20070S0001B1726 - 23 -
1 exempt from public access shall be on the legislative agency 2 receiving a request, by a preponderance of the evidence. 3 (3) The burden of proving that a financial record of a 4 judicial agency is exempt from public access shall be on the 5 judicial agency receiving a request, by a preponderance of 6 the evidence. 7 (b) Exceptions.--In the case of a public record, unless 8 disclosure is otherwise required or authorized by law, the 9 following are exempt from access by a requester under this act: 10 (1) A record the disclosure of which: 11 (i) would result in the loss of Federal or State 12 funds by an agency or the Commonwealth; or 13 (ii) would be reasonably likely to result in a 14 substantial and demonstrable risk of physical harm to an 15 individual. 16 (2) A record maintained by an agency in connection with 17 the military, homeland security, national defense, law 18 enforcement or other public safety activity that if disclosed 19 would be reasonably likely to jeopardize or threaten public 20 safety or preparedness or public protection activity or a 21 record that is designated classified by an appropriate 22 Federal or State military authority. 23 (3) A record, the disclosure of which creates a 24 reasonable likelihood of endangering the safety or the 25 physical security of a building, public utility, resource, 26 infrastructure, facility or information storage system, which 27 may include: 28 (i) documents or data relating to computer hardware, 29 source files, software and system networks that could 30 jeopardize computer security by exposing a vulnerability 20070S0001B1726 - 24 -
1 in preventing, protecting against, mitigating or 2 responding to a terrorist act; 3 (ii) lists of infrastructure, resources and 4 significant special events, including those defined by 5 the Federal Government in the National Infrastructure 6 Protections, which are deemed critical due to their 7 nature and which result from risk analysis; threat 8 assessments; consequences assessments; antiterrorism 9 protective measures and plans; counterterrorism measures 10 and plans; and security and response needs assessments; 11 and 12 (iii) building plans or infrastructure records that 13 expose or create vulnerability through disclosure of the 14 location, configuration or security of critical systems, 15 including public utility systems, structural elements, 16 technology, communication, electrical, fire suppression, 17 ventilation, water, wastewater, sewage and gas systems. 18 (4) A record regarding computer hardware, software and 19 networks, including administrative or technical records, 20 which, if disclosed, would be reasonably likely to jeopardize 21 computer security. 22 (5) A record of an individual's medical, psychiatric or 23 psychological history or disability status, including 24 evaluation, consultation, a prescription, diagnosis or 25 treatment; results of tests, including drug tests; enrollment 26 in a health care program or program designed for 27 participation by persons with disabilities, including 28 vocation rehabilitation, workers' compensation and 29 unemployment compensation; or related information that would 30 disclose individually identifiable health information. 20070S0001B1726 - 25 -
1 (6) (i) The following personal identification 2 information: 3 (A) A record containing all or part of a 4 person's Social Security number; date of birth; 5 driver's license number; personal financial 6 information of an individual; telephone numbers; 7 personal e-mail addresses; employee numbers; or other 8 confidential personal identification numbers. 9 (B) A spouse's name; marital status, beneficiary 10 or dependent information. 11 (ii) Nothing in this paragraph shall: 12 (A) Prevent an agency from providing access to 13 the date of birth of a deceased person for 14 genealogical purposes. 15 (B) Preclude the release of the name, position, 16 salary, actual compensation or other payments or 17 expenses, employment contract, employment-related 18 contract or agreement and length of service of a 19 public official or an agency employee. 20 (iii) An agency may redact the name or other 21 identifying information relating to an individual 22 performing an undercover or covert law enforcement 23 activity from a record. 24 (7) The following records relating to an agency 25 employee: 26 (i) A letter of reference or recommendation 27 pertaining to the character or qualifications of an 28 identifiable individual, unless it was prepared in 29 relation to the appointment of an individual to fill a 30 vacancy in an elected office or an appointed office 20070S0001B1726 - 26 -
1 requiring Senate confirmation. 2 (ii) A performance rating or review. 3 (iii) The result of a civil service or similar test 4 administered by a Commonwealth agency, legislative agency 5 or judicial agency. The result of a civil service or 6 similar test administered by a local agency shall not be 7 disclosed if restricted by a collective bargaining 8 agreement. Only test scores of individuals who obtained a 9 passing score on a test administered by a local agency 10 may be disclosed. 11 (iv) The employment application of an individual who 12 is not hired by the agency. 13 (v) Workplace support services program information. 14 (vi) Written criticisms of an employee. 15 (vii) Grievance material, including documents 16 related to discrimination or sexual harassment. 17 (viii) (A) Information regarding discipline, 18 demotion or discharge contained in a personnel file. 19 (B) This subparagraph shall not apply to the 20 final action of an agency that results in demotion or 21 discharge. 22 (8) (i) A record pertaining to strategy or negotiations 23 relating to labor relations or collective bargaining or 24 arbitration proceedings. 25 (ii) An arbitration opinion and award, any exhibits 26 entered into evidence at an arbitration proceeding and 27 any transcript of an arbitration proceeding. 28 (iii) This paragraph does not apply to any final or 29 executed contract or agreement between the parties or to 30 any final order in an arbitration proceeding. 20070S0001B1726 - 27 -
1 (9) The draft of a bill, resolution, regulation, 2 statement of policy, management directive, ordinance or 3 amendment thereto prepared by or for an agency. 4 (10) (i) A record that reflects: 5 (A) The internal, predecisional deliberations of 6 an agency, its members, employees or officials or 7 predecisional deliberations between agency members, 8 employees or officials and members, employees or 9 officials of another agency, including predecisional 10 deliberations relating to a budget recommendation, 11 legislative proposal, legislative amendment, 12 contemplated or proposed policy or course of action 13 or any research, memos or other documents used in the 14 predecisional deliberations. 15 (B) The strategy to be used to develop or 16 achieve the successful adoption of a budget, 17 legislative proposal or regulation. 18 (ii) This paragraph applies to: 19 (A) The Governor's Office, the head of a 20 Commonwealth agency and the staff of the Governor or 21 agency. 22 (B) The chief executive officer or governing 23 body of a local agency, or a member or staff of the 24 local agency prior to the presentation of the 25 decision, policy, proposal or course of action to a 26 quorum of the governing body at a meeting subject to 27 65 Pa.C.S. Ch. 7 (relating to open meetings). 28 (iii) This paragraph does not apply to a written 29 application or other document used to request 30 Commonwealth funds. 20070S0001B1726 - 28 -
1 (11) A record that constitutes or reveals a trade secret 2 or confidential proprietary information. 3 (12) Notes and working papers prepared by or for a 4 public official or agency employee used solely for that 5 official's or employee's own personal use, including 6 telephone message slips, routing slips and other materials 7 that do not have an official purpose. 8 (13) Records that would disclose the identity of an 9 individual who lawfully makes a donation to an agency unless 10 the donation is intended for or restricted to providing 11 remuneration or personal tangible benefit to a named public 12 official or employee of the agency, including lists of 13 potential donors compiled by an agency to pursue donations, 14 donor profile information or personal identifying information 15 relating to a donor. 16 (14) Unpublished lecture notes, unpublished manuscripts, 17 unpublished articles, creative works in progress, research- 18 related material and scholarly correspondence of a community 19 college or an institution of the State System of Higher 20 Education or a faculty member, staff employee, guest speaker 21 or student thereof. 22 (15) Examination questions, scoring keys or answers to 23 an examination. 24 (16) A record of an agency relating to or resulting in a 25 criminal investigation, including: 26 (i) Complaints of potential criminal conduct other 27 than a private criminal complaint. 28 (ii) Investigative materials, notes, correspondence, 29 videos and reports. 30 (iii) A record that includes the identity of a 20070S0001B1726 - 29 -
1 confidential source or the identity of a suspect who has 2 not been charged with an offense to whom confidentiality 3 has been promised. 4 (iv) A record that includes information made 5 confidential by law or court order. 6 (v) Victim information, including any information 7 that would jeopardize the safety of the victim. 8 (vi) A record that, if disclosed, would do any of 9 the following: 10 (A) Reveal the institution, progress or result 11 of a criminal investigation, except the filing of 12 criminal charges. 13 (B) Deprive a person of the right to a fair 14 trial or an impartial adjudication. 15 (C) Impair the ability to locate a defendant or 16 codefendant. 17 (D) Hinder an agency's ability to secure an 18 arrest, prosecution or conviction. 19 (E) Endanger the life or physical safety of an 20 individual. 21 This paragraph shall not apply to information contained in a 22 police blotter as defined in 18 Pa.C.S. § 9102 (relating to 23 definitions) or in a traffic report. 24 (17) A record of an agency relating to a noncriminal 25 investigation, including: 26 (i) Complaints submitted to an agency. 27 (ii) Investigative materials, notes, correspondence 28 and reports. 29 (iii) A record that includes the identity of a 30 confidential source, including individuals subject to the 20070S0001B1726 - 30 -
1 act of December 12, 1986 (P.L.1559, No.169), known as the 2 Whistleblower Law. 3 (iv) A record that includes information made 4 confidential by law. 5 (v) Work papers underlying an audit. 6 (vi) A record that, if disclosed, would do any of 7 the following: 8 (A) Reveal the institution, progress or result 9 of an agency investigation, except the imposition of 10 a fine or civil penalty or the suspension, 11 modification or revocation of a license, permit, 12 registration, certification or similar authorization 13 issued by an agency. 14 (B) Deprive a person of the right to an 15 impartial adjudication. 16 (C) Constitute an unwarranted invasion of 17 privacy. 18 (D) Hinder an agency's ability to secure an 19 administrative or civil sanction. 20 (E) Endanger the life or physical safety of an 21 individual. 22 (18) Records or parts of records pertaining to audio 23 recordings, telephone or radio transmissions received by 24 emergency dispatch personnel, including 911 recordings. 25 However, a transcript of a recording may be released when the 26 agency or a court determines that the public interest in 27 disclosure outweighs the interest in nondisclosure. 28 (19) DNA records. 29 (20) An autopsy record of a coroner or medical examiner 30 and any audiotape of a postmortem examination or autopsy, or 20070S0001B1726 - 31 -
1 a copy, reproduction or facsimile of an autopsy report, a 2 photograph, negative or print, including a photograph or 3 videotape of the body or any portion of the body of a 4 deceased person at the scene of death or in the course of a 5 postmortem examination or autopsy taken or made by or caused 6 to be taken or made by the coroner or medical examiner. This 7 exception shall not limit the reporting of the name of the 8 deceased individual and the cause and manner of death to all 9 persons interested therein in accordance with section 1251 of 10 the act of August 9, 1955 (P.L.323, No.130), known as The 11 County Code. 12 (21) Draft minutes of any meeting of an agency and 13 minutes of an executive session and any record of discussions 14 held in executive session. 15 (22) (i) The contents of real estate appraisals, 16 engineering or feasibility estimates, environmental 17 reviews, audits or evaluations made for or by an agency 18 relative to the following: 19 (A) The leasing, acquiring or disposing of real 20 property. 21 (B) The purchase of public supplies or equipment 22 included in the real estate transaction. 23 (C) Construction projects. 24 (ii) This paragraph does not apply once the decision 25 is made to proceed with the lease, acquisition or 26 disposal of real property or the purchase of public 27 supply or construction project. 28 (23) Library and archive circulation and order records 29 of an identifiable individual or groups of individuals. 30 (24) Library archived and museum materials, or valuable 20070S0001B1726 - 32 -
1 or rare book collections or documents contributed by gift, 2 grant, bequest or devise, to the extent of any limitations 3 imposed by the donor as a condition of the contribution. 4 (25) A record identifying the location of an 5 archeological site or an endangered or threatened plant or 6 animal species if not already known to the general public. 7 (26) A proposal pertaining to agency procurement or 8 disposal of supplies, services or construction prior to the 9 award of the contract or prior to the opening and rejection 10 of all bids; financial information of a bidder or offeror 11 requested in an invitation for bid or request for proposals 12 to demonstrate the bidder's or offeror's economic capability; 13 or the identity of members, notes and other records of agency 14 proposal evaluation committees established under 62 Pa.C.S. § 15 513 (relating to competitive sealed proposals). 16 (27) A record or information relating to a communication 17 between an agency and its insurance carrier, administrative 18 service organization or risk management office. This 19 paragraph does not apply to a contract with an insurance 20 carrier, administrative service organization or risk 21 management office or to financial records relating to the 22 provision of insurance. 23 (28) A record or information: 24 (i) identifying an individual who applies for or 25 receives social services; 26 (ii) relating to the following: 27 (A) the type of social services received by an 28 individual; 29 (B) an individual's application to receive 30 social services, including a record or information 20070S0001B1726 - 33 -
1 related to an agency decision to grant, deny, reduce 2 or restrict benefits, including a quasi-judicial 3 decision of the agency and the identity of a 4 caregiver or others who provide services to the 5 individual; or 6 (C) eligibility to receive social benefits, 7 including the individual's income, assets, physical 8 or mental health, age, disability, family 9 circumstances or record of abuse; or 10 (iii) identifying a person that requests assistance 11 or constituent services from a member of the General 12 Assembly. 13 (c) Financial records.--With respect to financial records, 14 the exceptions set forth in subsection (b)(1), (2), (3), (4) or 15 (5) shall apply. Information described in paragraph (4) of the 16 definition of "financial record" relating to individuals and 17 protected under subsection (b)(28) shall also be exempt from 18 access by a requester under this act. An agency shall redact 19 that portion of a financial record which would disclose 20 information protected under subsection (b)(6) or disclose the 21 identity of a crime victim, confidential source or an individual 22 performing an undercover or covert law enforcement activity 23 protected under subsection (b)(16) or (17). 24 (d) Aggregated data.--The exceptions set forth in subsection 25 (b)(1), (2), (3), (4) or (5) shall apply to aggregated data, 26 maintained or received by an agency. 27 Section 709. Internet access. 28 The Department of Community and Economic Development shall 29 post on its Internet website a list of community revitalization 30 grants by legislative and senatorial districts. 20070S0001B1726 - 34 -
1 CHAPTER 9 2 AGENCY RESPONSE 3 Section 901. General rule. 4 Upon receipt of a written request for access to a record, an 5 agency shall make a good faith effort to determine if the record 6 requested is a public record, legislative record or financial 7 record and whether the agency has possession, custody or control 8 of the identified record, and to respond as promptly as possible 9 under the circumstances existing at the time of the request. The 10 response shall include a notice of applicable fees. The time for 11 response shall not exceed five business days from the date the 12 written request is received by the agency head or open-records 13 officer for an agency. If the agency fails to send the response 14 within five business days of receipt of the written request for 15 access, the written request for access shall be deemed denied. 16 Section 902. Extension of time. 17 (a) Determination.--Upon receipt of a written request for 18 access, the open-records officer for an agency shall determine 19 if one of the following applies: 20 (1) the request for access requires redaction of a 21 record in accordance with section 706; 22 (2) the request for access requires the retrieval of a 23 record stored in a remote location; 24 (3) a timely response to the request for access cannot 25 be accomplished due to bona fide and specified staffing 26 limitations; 27 (4) a legal review is necessary to determine whether the 28 record is a record subject to access under this act; 29 (5) the requester has not complied with the Commonwealth 30 agency's policies regarding access to records; 20070S0001B1726 - 35 -
1 (6) the requester refuses to pay applicable fees 2 authorized by this act; or 3 (7) the extent or nature of the request precludes a 4 response within the required time period. 5 (b) Notice.-- 6 (1) Upon a determination that one of the factors listed 7 in subsection (a) applies, the open-records officer shall 8 send written notice to the requester within five business 9 days of receipt of the request for access under subsection 10 (a). 11 (2) The notice shall include a statement notifying the 12 requester that the request for access is being reviewed, the 13 reason for the review and a reasonable date that a response 14 is expected to be provided. If the date that a response is 15 expected to be provided is in excess of 30 days, following 16 the five business days allowed for in section 901, the 17 request for access shall be deemed denied unless the 18 requester has agreed in writing for an extension to the date 19 specified in the notice. 20 (3) If the requester agrees to the extension, the 21 request shall be deemed denied on the day following the date 22 specified in the notice if the agency has not provided a 23 response by that date. 24 Section 903. Denial. 25 If an agency's response is a denial of a written request for 26 access, whether in whole or in part, a written response shall be 27 issued and include: 28 (1) A description of the record requested. 29 (2) The specific reasons for the denial, including a 30 citation of supporting legal authority. 20070S0001B1726 - 36 -
1 (3) The typed or printed name, title, business address, 2 business telephone number and signature of the agency head or 3 open-records officer on whose authority the denial is issued. 4 (4) Date of the response. 5 (5) The procedure to appeal the denial of access under 6 this act. 7 Section 904. Certified copies. 8 If an agency's response grants a request for access, the 9 agency shall, upon request, provide the requester with a 10 certified copy of the record if the requester pays the 11 applicable fees pursuant to section 1307. 12 Section 905. Administrative denial. 13 The following shall apply: 14 (1) An agency may deny access to a public record, 15 legislative record or financial record due to the failure of 16 the requester to pay the applicable fee. 17 (2) An agency may deny access to a public record, 18 legislative record or financial record due to the failure of 19 the requester to pay any fee associated with a previous 20 request made by the requester to the same agency. 21 Section 906. Record discard. 22 If an agency response to a requester provides that the 23 requested records are available for delivery at the office of an 24 agency and the requester fails to retrieve the records within 60 25 days of the agency's response, the agency shall send a written 26 notice to the requester specifying that the requested copies 27 will be held for an additional 30 days, within which time the 28 requester may return to the agency to retrieve the records. 29 Thereafter, the agency may dispose of any copies which have not 30 been retrieved and retain any fees paid to date. 20070S0001B1726 - 37 -
1 CHAPTER 11 2 APPEAL OF AGENCY DETERMINATION 3 Section 1101. Filing of appeal. 4 (a) Authorization.-- 5 (1) If a written request for access is denied or deemed 6 denied, the requester may file an appeal with the records 7 office within 15 business days of the mailing date of the 8 agency's response or within 15 business days of a deemed 9 denial. The appeal shall state the grounds upon which the 10 requester asserts that the record is a public record, 11 legislative record or financial record and shall address any 12 grounds stated by the agency for delaying or denying the 13 request. 14 (2) In the case of an appeal of a decision by an agency, 15 the records office shall review the denial. 16 (b) Determination.-- 17 (1) Unless the requester agrees otherwise, the records 18 office shall make a final determination which shall be mailed 19 to the requester and the agency within 30 days of receipt of 20 the appeal filed under subsection (a). 21 (2) If the records office fails to issue a final 22 determination within 30 days, the appeal is deemed denied. 23 (3) Prior to issuing a final determination, a hearing 24 may be conducted. The determination by the records office 25 shall be a final order. The records office shall provide a 26 written explanation of the reason for the decision to the 27 requester and the agency. 28 (c) Direct interest.-- 29 (1) A person other than the agency or requester with a 30 direct interest in the record subject to an appeal under this 20070S0001B1726 - 38 -
1 section may, within 15 calendar days following receipt of 2 actual knowledge of the appeal but no later than the date the 3 records office issues an order, file a written request to 4 provide information or appear before the records office or to 5 file information in support of the requester's or agency's 6 position. 7 (2) The records office may grant the request if: 8 (i) no hearing has been held; 9 (ii) the office has not yet issued its order; and 10 (iii) the records office believes the information 11 will be probative. 12 (3) Copies of the written request shall be sent to the 13 agency and the requester. 14 CHAPTER 13 15 JUDICIAL REVIEW 16 Section 1301. Commonwealth agencies, legislative agencies and 17 judicial agencies. 18 (a) General rule.--Within 30 days of the mailing date of the 19 final determination of the records office relating to a decision 20 of a Commonwealth agency, a legislative agency or a judicial 21 agency issued under section 1101(b) or the date a request for 22 access is deemed denied, a requester or the agency may file a 23 petition for review or other document as might be required by 24 rule of court with the Commonwealth Court. The decision of the 25 court shall contain findings of fact and conclusions of law 26 based upon the evidence as a whole. The decision shall clearly 27 and concisely explain the rationale for the decision. 28 (b) Stay.--An appeal under this section shall stay the 29 release of documents until a decision under subsection (a) is 30 issued. 20070S0001B1726 - 39 -
1 Section 1302. Local agencies. 2 (a) General rule.--Within 30 days of the mailing date of the 3 final determination of the records office relating to a decision 4 of a local agency issued under section 1101(b) or of the date a 5 request for access is deemed denied, a requester or local agency 6 may file a petition for review or other document as required by 7 rule of court with the court of common pleas for the county 8 where the local agency is located. The decision of the court 9 shall contain findings of fact and conclusions of law based upon 10 the evidence as a whole. The decision shall clearly and 11 concisely explain the rationale for the decision. 12 (b) Stay.--An appeal under this section shall stay the 13 release of documents until a decision under subsection (a) is 14 issued. 15 Section 1303. Notice and records. 16 (a) Notice.--An agency, the requester and the appeals 17 officer shall be served notice of actions commenced in 18 accordance with section 1301 or 1302 and shall have an 19 opportunity to respond in accordance with applicable court 20 rules. 21 (b) Record on appeal.--The record before a court shall 22 consist of the request, the agency's response, the appeal filed 23 under section 1101, the hearing transcript, if any, and the 24 final written determination of the records office. 25 Section 1304. Court costs and attorney fees. 26 (a) Reversal of agency determination.--If a court reverses 27 the final determination of the records office or grants access 28 after a request for access was deemed denied, the court may 29 award reasonable attorney fees and costs of litigation or an 30 appropriate portion thereof to a requester if the court finds 20070S0001B1726 - 40 -
1 either of the following: 2 (1) the agency receiving the original request willfully 3 or with wanton disregard deprived the requester of access to 4 a public record subject to access or otherwise acted in bad 5 faith under the provisions of this act; or 6 (2) the exemptions, exclusions or defenses asserted by 7 the agency in its final determination were not based on a 8 reasonable interpretation of law. 9 (b) Sanctions for frivolous requests or appeals.--The court 10 may award reasonable attorney fees and costs of litigation or an 11 appropriate portion thereof to an agency or the requester if the 12 court finds that the legal challenge under this chapter was 13 frivolous. 14 (c) Other sanctions.--Nothing in this act shall prohibit a 15 court from imposing penalties and costs in accordance with 16 applicable rules of court. 17 Section 1305. Civil penalty. 18 (a) Denial of access.--A court may impose a civil penalty of 19 not more than $1,000 if an agency denied access to a public 20 record in bad faith. 21 (b) Failure to comply with court order.--An agency or public 22 official who does not promptly comply with a court order under 23 this act is subject to a civil penalty of not more than $500 per 24 day until the public records are provided. 25 Section 1306. Immunity. 26 (a) General rule.--Except as provided in sections 1304 and 27 1305 and other statutes governing the release of records, no 28 agency, public official or public employee shall be liable for 29 civil penalties resulting from compliance or failure to comply 30 with this act. 20070S0001B1726 - 41 -
1 (b) Schedules.--No agency, public official or public 2 employee shall be liable for civil or criminal damages or 3 penalties under this act for complying with any written public 4 record retention and disposition schedule. 5 Section 1307. Fee limitations. 6 (a) Postage.--Fees for postage may not exceed the actual 7 cost of mailing. 8 (b) Duplication.-- 9 (1) Fees for duplication by photocopying, printing from 10 electronic media or microfilm, copying onto electronic media, 11 transmission by facsimile or other electronic means and other 12 means of duplication shall be established by the records 13 office. 14 (2) (i) The fees must be reasonable and based on 15 prevailing fees for comparable duplication services 16 provided by local business entities. 17 (ii) Fees for copying data, collections of data and 18 compiled data, including, but not limited to, geographic 19 information systems and property lists, may be based on 20 consideration of the reasonable market value of same or 21 closely comparable data, collections of data or compiled 22 data. 23 (3) Fees for local agencies may reflect regional price 24 differences and shall be subject to review by the 25 clearinghouse as provided in section 1310(a)(8). 26 (c) Certification.--An agency may impose reasonable fees for 27 official certification of copies if the certification is at the 28 behest of the requester and for the purpose of legally verifying 29 the public record. 30 (d) Conversion to paper.--If a record is only maintained 20070S0001B1726 - 42 -
1 electronically or in other nonpaper media, duplication fees 2 shall be limited to the lesser of the fee for duplication on 3 paper or the fee for duplication in the original media as 4 provided by subsection (b) unless the requester specifically 5 requests for the record to be duplicated in the more expensive 6 medium. 7 (e) Enhanced electronic access.--If an agency offers 8 enhanced electronic access to records in addition to making the 9 records accessible for inspection and duplication by a requester 10 as required by this act, the agency may establish user fees 11 specifically for the provision of the enhanced electronic 12 access, but only to the extent that the enhanced electronic 13 access is in addition to making the records accessible for 14 inspection and duplication by a requester as required by this 15 act. The user fees for enhanced electronic access may be a flat 16 rate, a subscription fee for a period of time, a per-transaction 17 fee, a fee based on the cumulative time of system access or any 18 other reasonable method and any combination thereof. The user 19 fees for enhanced electronic access must be reasonable, must be 20 approved by the clearinghouse and may not be established with 21 the intent or effect of excluding persons from access to records 22 or duplicates thereof or of creating profit for the agency. 23 (f) Waiver of fees.--An agency may waive the fees for 24 duplication of a record, including, but not limited to, when: 25 (1) the requester duplicates the record; or 26 (2) the agency deems it is in the public interest to do 27 so. 28 (g) Limitations.--Except as otherwise provided by statute, 29 no other fees may be imposed unless the agency necessarily 30 incurs costs for complying with the request, including costs 20070S0001B1726 - 43 -
1 associated with legal reviews of records or record requests 2 requiring the contracting or procuring of legal counsel outside 3 the agency. Such fees must be reasonable. An agency shall not 4 charge a requester any fee for any of the following costs: 5 (1) Costs related to reviewing a record to determine if 6 it is a public record. 7 (2) Costs related to redacting exempt information from a 8 record. 9 (3) Personnel costs for copying a record. 10 (4) Personnel costs for preparing a record for delivery. 11 (5) Personnel costs for observing a requester who is 12 reviewing or copying a record. 13 (6) For use of agency computers, viewers or other 14 equipment necessary for gaining access to examining a record. 15 (7) Costs for agency personnel to instruct a requester 16 on the use of agency equipment used to view a record. 17 (8) Any other processing costs not specifically 18 permitted under this section. 19 (h) Prepayment.--Prior to granting a request for access in 20 accordance with this act, an agency may require a requester to 21 prepay an estimate of the fees authorized under this section if 22 the fees required to fulfill the request are expected to exceed 23 $100. The agency may require a certified check, money order or 24 other form of verified payment of funds when requiring open 25 records request fees to be prepaid. 26 Section 1308. Prohibition. 27 A policy, rule or regulation adopted under this act may not 28 include any of the following: 29 (1) A limitation on the number of records which may be 30 requested or made available for inspection or duplication. 20070S0001B1726 - 44 -
1 (2) A requirement to disclose the purpose or motive in 2 requesting access to records. 3 Section 1309. Practice and procedure. 4 The provisions of 2 Pa.C.S. (relating to administrative law 5 and procedure) shall not apply to this act unless specifically 6 adopted by rule or regulation. 7 Section 1310. Pennsylvania Public Records Office. 8 (a) Establishment.--The Pennsylvania Public Records Office 9 is established within the State Ethics Commission, which shall 10 appoint an executive director of the public records office who 11 shall hire other staff as necessary to operate the office. 12 (b) Powers and duties.--The director of the public records 13 office has the following powers and duties: 14 (1) To receive and respond to requests for information 15 from persons who have been denied access to public records by 16 a Commonwealth agency, a local agency, the General Assembly 17 or a legislative agency under this act. 18 (2) To receive and respond to requests for information 19 from a Commonwealth agency, a local agency, the General 20 Assembly or a legislative agency regarding compliance with 21 this act. 22 (3) To order a Commonwealth agency, a local agency, the 23 General Assembly or a legislative agency to comply with 24 provisions of this act upon finding that a request for access 25 to a public record was properly made. 26 (4) To issue advisory opinions on compliance with this 27 act. 28 (5) To request information from Commonwealth agencies, 29 local agencies, the General Assembly and legislative agencies 30 in order to make compliance determinations under this act. 20070S0001B1726 - 45 -
1 All information supplied by a Commonwealth agency, a local 2 agency, the General Assembly or a legislative agency which is 3 relevant to a request shall be subject to confidentiality 4 under subsection (c). 5 (6) To guide and oversee the compliance with this act by 6 all Commonwealth agencies, local agencies, the General 7 Assembly and legislative agencies. 8 (7) To provide a list to any requesting agency or 9 individual of Federal and State laws that exempt certain 10 types of records from disclosure. 11 (8) To make its advisory opinions and written decisions 12 available for review. 13 (9) To conduct training for public officials, public 14 employees and third parties relating to the Commonwealth's 15 access laws with assistance from the Department of Community 16 and Economic Development's Center for Local Government. 17 (10) To issue a report semi-annually to the General 18 Assembly and to the Governor, which report shall include, but 19 not be limited to: 20 (i) The number of requests to review denials from 21 persons making public record requests. 22 (ii) The number of public record requests which were 23 determined, upon review of the access office, to have 24 been improperly denied. 25 (iii) The number of requests made by agencies 26 seeking clarification on compliance with this act. 27 (iv) The number of orders issued by the public 28 records office directing an agency to comply with this 29 act. 30 (v) The number of advisory opinions issued by the 20070S0001B1726 - 46 -
1 public records office. 2 (vi) The number of requests for the list of Federal 3 and State exemptions to public access of records. 4 (vii) The number of training sessions conducted for 5 public officials, public employees and third parties 6 relating to public access of records, including the 7 number of persons attending such training sessions. 8 (11) To make available in electronic form to persons 9 making requests for public records, examples of previous 10 requests for public records by other persons and the 11 documents to which the other persons were given access. In 12 performing this duty, the office may not reveal any 13 information relating to the identity of the persons who made 14 the previous requests. 15 (12) To promulgate any regulations necessary to 16 administer this act. 17 (13) Set a schedule for the requester and agency to 18 submit documents in support of their positions. 19 (14) To review all information filed relating to a 20 request. The public records office may hold a hearing, but 21 the decision to hold or not to hold a hearing is not 22 appealable. The public records office may admit into evidence 23 testimony, evidence and documents it believes to be 24 reasonably probative and relevant to an issue in dispute. The 25 public records office may limit the nature and extent of 26 evidence to be cumulative. 27 (c) Confidentiality.--All information requested by the 28 public records office from an agency in order to make a 29 determination of whether an agency is complying with this act 30 shall remain confidential and shall not be subject to public 20070S0001B1726 - 47 -
1 access. 2 (d) Fees.--The following shall apply: 3 (1) The public records office may impose a reasonable 4 filing fee for an appeal made under section 1101, and any 5 fees collected under this subsection shall be deposited in a 6 restricted account in the General Fund which is established 7 for the public records office. The money from this account 8 shall be appropriated as necessary for the operation of the 9 public records office. 10 (2) The public records office may waive the filing fee 11 if the person requesting access to the public record is 12 unable to afford the fee based on guidelines established by 13 the public records office. 14 Section 1311. Administrative appeals. 15 (a) General rule.--Notwithstanding any other provision of 16 law, a party aggrieved by a denial or deemed denial of access to 17 a public record by a Commonwealth agency, local agency, the 18 General Assembly or a legislative agency may, within 30 days 19 after a request is denied or deemed denied, appeal to the public 20 records office by forwarding to the office a copy of the request 21 and the written explanation for the denial, if any, provided by 22 the Commonwealth agency, local agency, the General Assembly or 23 legislative agency, and requesting a review of the matter. 24 (b) Ruling.-- 25 (1) Within 30 business days after receipt of the appeal, 26 the public records office shall rule either that the denial 27 or deemed denial of access to the record by the Commonwealth 28 agency, local agency, the General Assembly or legislative 29 agency is upheld or that the decision to deny access to the 30 record was improper, and a Commonwealth agency, the local 20070S0001B1726 - 48 -
1 agency, the General Assembly or legislative agency must 2 provide access to the record. The public records office may 3 hold a private hearing on the matter and may review the 4 record. 5 (2) The 30-business-day period may be extended by 6 agreement of the parties. If the parties do not agree to an 7 extension or the public records office does not issue a 8 ruling within 30 business days after the date of the appeal, 9 the denial from the Commonwealth agency, local agency, the 10 General Assembly or legislative agency shall be deemed 11 affirmed. 12 (c) Explanation.--If the public records office upholds the 13 decision of the Commonwealth agency, local agency, the General 14 Assembly or legislative agency to deny access to the public 15 record, the office shall fully explain in writing to the person 16 requesting the public record the reason for the denial. If the 17 public records office rules that the Commonwealth agency, local 18 agency, the General Assembly or legislative agency shall provide 19 access to the public record, it shall order the Commonwealth 20 agency, local agency, the General Assembly or legislative agency 21 to provide the individual with access to the record and shall 22 fully explain in writing the reason access must be provided. 23 (d) Other appeals.--Costs or attorney fees shall not be 24 awarded under this section for administrative appeal to the 25 public records office under this section. 26 CHAPTER 15 27 STATE-RELATED INSTITUTIONS 28 Section 1501. Definition. 29 As used in this chapter, "State-related institution" means 30 any of the following: 20070S0001B1726 - 49 -
1 (1) Temple University. 2 (2) The University of Pittsburgh. 3 (3) The Pennsylvania State University. 4 (4) Lincoln University. 5 Section 1502. Reporting. 6 No later than May 30 of each year, a State-related 7 institution shall file with the Governor's Office, the General 8 Assembly, the Auditor General and the State Library the 9 information set forth in section 1503. 10 Section 1503. Contents of report. 11 The report required under section 1502 shall include the 12 following: 13 (1) Except as provided in paragraph (4), all information 14 required by Form 990 or an equivalent form, of the United 15 States Department of the Treasury, Internal Revenue Service, 16 entitled the Return of Organization Exempt From Income Tax, 17 regardless of whether the State-related institution is 18 required to file the form by the Federal Government. 19 (2) The salaries of all officers and directors of the 20 State-related institution. 21 (3) The highest 25 salaries paid to employees of the 22 institution that are not included under paragraph (2). 23 (4) The report shall not include information relating to 24 individual donors. 25 Section 1504. Copies and posting. 26 A State-related institution shall maintain, for at least 27 seven years, a copy of the report in the institution's library 28 and shall provide free access to the report on the institution's 29 Internet website. 30 CHAPTER 17 20070S0001B1726 - 50 -
1 STATE CONTRACT INFORMATION 2 Section 1701. Submission and retention of contracts. 3 (a) General rule.--Whenever any Commonwealth agency, 4 legislative agency or judicial agency shall enter into any 5 contract involving any property, real, personal or mixed of any 6 kind or description or any contract for personal services where 7 the consideration involved in the contract is $5,000 or more, a 8 copy of the contract shall be furnished to the Treasury 9 Department within ten days after the contract is executed on 10 behalf of the Commonwealth agency, legislative agency or 11 judicial agency or otherwise becomes an obligation of the 12 Commonwealth agency, legislative agency or judicial agency. The 13 provisions of this subsection shall not apply to contracts for 14 services protected by a privilege. The following shall apply: 15 (1) Each Commonwealth agency, legislative agency and 16 judicial agency shall submit contracts in a form and 17 structure mutually agreed upon by the Commonwealth agency, 18 legislative agency or judicial agency and the State 19 Treasurer. 20 (2) The Treasury Department may require each 21 Commonwealth agency, legislative agency or judicial agency to 22 provide a summary with each contract, which shall include the 23 following: 24 (i) Date of execution. 25 (ii) Amount of the contract. 26 (iii) Beginning date of the contract. 27 (iv) End date of the contract, if applicable. 28 (v) Name of the agency entering into the contract. 29 (vi) The name and business address of all parties 30 executing the contract. 20070S0001B1726 - 51 -
1 (vii) Subject matter of the contract. 2 Each agency shall create and maintain the data under this 3 paragraph in an ASCII-delimited text file, spreadsheet file 4 or other file provided by Treasury Department regulation. 5 (b) Retention.--Every contract filed pursuant to subsection 6 (a) shall remain on file with the Treasury Department for a 7 period of not less than four years after the end date of the 8 contract. 9 (c) Accuracy.--Each Commonwealth agency, legislative agency 10 and judicial agency is responsible for verifying the accuracy 11 and completeness of the information that it submits to the State 12 Treasurer. The contract provided to the Treasury Department 13 pursuant to this chapter shall be redacted in accordance with 14 applicable provisions of this act by the agency providing the 15 contract to the Treasury Department. 16 (d) Contracts provided pursuant to The Fiscal Code.--The 17 copy of a contract provided to the Treasury Department pursuant 18 to section 1701 shall be in addition to any copy of the contract 19 provided to the Treasury Department under the act of April 9, 20 1929 (P.L.343, No.176), known as The Fiscal Code. Copies of 21 contracts received by the Treasury Department, Office of Auditor 22 General, or Department of Revenue from an agency pursuant to The 23 Fiscal Code shall not be made available to a requester by the 24 State Treasurer, Auditor General or the Department of Revenue. 25 Section 1702. Public availability of contracts. 26 (a) General rule.-- Except as otherwise provided in this 27 chapter, a request for a copy of a contract shall only be made 28 to an agency who is a party to the contract. 29 (b) Posting.--The Treasury Department shall make each 30 contract filed pursuant to section 1701 available for public 20070S0001B1726 - 52 -
1 inspection either by posting a copy of the contract on the 2 Treasury Department's publicly accessible Internet website or by 3 posting a contract summary on the department's publicly 4 accessible Internet website. The Treasury Department shall post 5 the information received pursuant to this chapter in a way that 6 allows the public to search contracts or contract summaries by 7 the categories enumerated in section 1701(a)(2). 8 (c) Request to review or receive copy of contract.--The 9 Treasury Department shall maintain a page on its publicly 10 accessible Internet website with instructions on how to request 11 to review a contract and how to request a copy of a contract. 12 Requests to review or receive a copy of a contract shall be 13 allowed by letter, facsimile or e-mail. Additionally, both 14 requests shall be honored within five days of the submission of 15 the request and in the case of a request for a copy of a 16 contract it shall be provided to the individual at cost. The 17 Treasury Department may offer to provide a copy of the requested 18 contract electronically to the requester at no cost. 19 CHAPTER 19 20 PUBLIC OFFICIALS 21 Section 1901. Disclosure of affiliation. 22 (a) Scope.--This section applies to: 23 (1) an individual who is elected or appointed to an 24 office of the Commonwealth; and 25 (2) the spouse of an individual under paragraph (1). 26 (b) Requirement.--Annually, each individual subject to 27 subsection (a) shall submit to the clearinghouse for Internet 28 website publication under section 1310(a)(7) disclosure as to a 29 business relationship between a Commonwealth agency and: 30 (1) the individual; 20070S0001B1726 - 53 -
1 (2) a partnership in which the individual is a partner; 2 (3) an association in which the individual is an officer 3 or a director; 4 (4) a corporation in which the individual is an officer 5 or a director; or 6 (5) a corporation in which the individual has an equity 7 interest of at least 5%. 8 CHAPTER 31 9 MISCELLANEOUS PROVISIONS 10 Section 3101. Applicability. 11 This act applies as follows: 12 (1) This act shall apply to requests for information 13 made on or after December 31, 2008. 14 (2) With respect to an agency as defined under section 15 102, this act shall apply prospectively. 16 (3) In addition to paragraph (2), with respect only to 17 an agency which was an agency as defined under the former act 18 of June 21, 1957 (P.L.390, No.212), referred to as the Right- 19 to-Know Law, this act shall apply retroactively. 20 (4) Chapter 15 shall apply to fiscal years beginning 21 after June 30, 2008. 22 (5) Chapter 17 shall apply to contracts entered into or 23 renewed after June 30, 2008. 24 (6) Section 3102(1)(ii)(B) shall apply to bids submitted 25 on or after June 30, 2008. 26 (7) If a provision of this act regarding access to a 27 record conflicts with any other Federal or State statute, 28 regulation or judicial order or decree, the provision of this 29 act shall not control. 30 Section 3101.1. Relation to other law or judicial actions. 20070S0001B1726 - 54 -
1 If the provisions of this act regarding access to public 2 records conflict with any Federal or State statute, the 3 provisions of this act shall not apply. 4 Section 3101.2. Severability. 5 All provisions of this act are severable. 6 Section 3102. Repeals. 7 Repeals are as follows: 8 (1) (i) General Assembly declares that the repeals 9 under subparagraph (ii) are necessary to effectuate this 10 act. 11 (ii) The following acts and parts of acts are 12 repealed: 13 (A) The act of June 21, 1957 (P.L.390, No.212), 14 referred to as the Right-to-Know Law. 15 (B) 62 Pa.C.S. § 106. 16 (2) (i) The General Assembly declares that the repeal 17 under subparagraph (ii) is necessary to effectuate 18 Chapter 17. 19 (ii) Section 1104 of the act of April 9, 1929 20 (P.L.177, No.175), known as The Administrative Code of 21 1929, is repealed. 22 Section 3103. References. 23 A reference in a statute, regulation or judicial order or 24 decree to the act of June 21, 1957 (P.L.390, No.212), referred 25 to as the Right-to-Know Law, shall be deemed a reference to this 26 act. 27 Section 3104. Effective date. 28 This act shall take effect as follows: 29 (1) Sections 101, 102, 1310, 3101 and 3102(1)(i) and 30 (ii)(B) and (2) shall take effect July 1, 2008. 20070S0001B1726 - 55 -
1 (2) This section shall take effect immediately. 2 (3) The remainder of this act shall take effect January 3 1, 2009. 4 CHAPTER 1 <-- 5 PRELIMINARY PROVISIONS 6 SECTION 101. SHORT TITLE. 7 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE RIGHT-TO-KNOW 8 LAW. 9 SECTION 102. DEFINITIONS. 10 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL 11 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 12 CONTEXT CLEARLY INDICATES OTHERWISE: 13 "ADMINISTRATIVE PROCEEDING." A PROCEEDING BY AN AGENCY THE 14 OUTCOME OF WHICH IS REQUIRED TO BE BASED ON A RECORD OR 15 DOCUMENTATION PRESCRIBED BY LAW OR IN WHICH A STATUTE OR 16 REGULATION IS PARTICULARIZED IN APPLICATION TO INDIVIDUALS. THE 17 TERM INCLUDES AN APPEAL. 18 "AGENCY." A COMMONWEALTH AGENCY, A LOCAL AGENCY, A JUDICIAL 19 AGENCY OR A LEGISLATIVE AGENCY. 20 "AGGREGATED DATA." A TABULATION OF DATA WHICH RELATE TO 21 BROAD CLASSES, GROUPS OR CATEGORIES SO THAT IT IS NOT POSSIBLE 22 TO DISTINGUISH THE PROPERTIES OF INDIVIDUALS WITHIN THOSE 23 CLASSES, GROUPS OR CATEGORIES. 24 "APPEALS OFFICER." AS FOLLOWS: 25 (1) FOR A COMMONWEALTH AGENCY OR A LOCAL AGENCY, THE 26 APPEALS OFFICER DESIGNATED UNDER SECTION 503(A). 27 (2) FOR A JUDICIAL AGENCY, THE INDIVIDUAL DESIGNATED 28 UNDER SECTION 503(B). 29 (3) FOR A LEGISLATIVE AGENCY, THE INDIVIDUAL DESIGNATED 30 UNDER SECTION 503(C). 20070S0001B1726 - 56 -
1 (4) FOR THE ATTORNEY GENERAL, STATE TREASURER, AUDITOR <-- 2 GENERAL AND LOCAL AGENCIES IN POSSESSION OF CRIMINAL 3 INVESTIGATIVE RECORDS, THE INDIVIDUAL DESIGNATED UNDER 4 SECTION 503(D). 5 "COMMONWEALTH AGENCY." ANY OF THE FOLLOWING: 6 (1) ANY OFFICE, DEPARTMENT, AUTHORITY, BOARD, MULTISTATE 7 AGENCY OR COMMISSION OF THE EXECUTIVE BRANCH; AN INDEPENDENT 8 AGENCY; AND A STATE-AFFILIATED ENTITY. THE TERM INCLUDES: 9 (I) THE GOVERNOR'S OFFICE. 10 (II) THE OFFICE OF ATTORNEY GENERAL, THE DEPARTMENT 11 OF THE AUDITOR GENERAL AND THE TREASURY DEPARTMENT. 12 (III) AN ORGANIZATION ESTABLISHED BY THE 13 CONSTITUTION OF PENNSYLVANIA, A STATUTE OR AN EXECUTIVE 14 ORDER WHICH PERFORMS OR IS INTENDED TO PERFORM AN 15 ESSENTIAL GOVERNMENTAL FUNCTION. 16 (2) THE TERM DOES NOT INCLUDE A JUDICIAL OR LEGISLATIVE 17 AGENCY. 18 "CONFIDENTIAL PROPRIETARY INFORMATION." COMMERCIAL OR 19 FINANCIAL INFORMATION RECEIVED BY AN AGENCY: 20 (1) WHICH IS PRIVILEGED OR CONFIDENTIAL; AND 21 (2) THE DISCLOSURE OF WHICH WOULD CAUSE SUBSTANTIAL HARM 22 TO THE COMPETITIVE POSITION OF THE PERSON THAT SUBMITTED THE 23 INFORMATION. 24 "FINANCIAL RECORD." INCLUDES: 25 (1) ANY ACCOUNT, VOUCHER OR CONTRACT DEALING WITH: 26 (I) THE RECEIPT OR DISBURSEMENT OF FUNDS BY AN 27 AGENCY; OR 28 (II) AN AGENCY'S ACQUISITION, USE OR DISPOSAL OF 29 SERVICES, SUPPLIES, MATERIALS, EQUIPMENT OR PROPERTY. 30 (2) THE SALARY OR OTHER PAYMENTS OR EXPENSES PAID TO AN 20070S0001B1726 - 57 -
1 OFFICER OR EMPLOYEE OF AN AGENCY, INCLUDING THE NAME AND 2 TITLE OF THE OFFICER OR EMPLOYEE. 3 (3) RESULTS OF A FINANCIAL AUDIT. 4 "HOMELAND SECURITY." GOVERNMENTAL ACTIONS DESIGNED TO 5 PREVENT, DETECT, RESPOND TO AND RECOVER FROM ACTS OF TERRORISM, 6 MAJOR DISASTERS AND OTHER EMERGENCIES, WHETHER NATURAL OR 7 MANMADE. THE TERM INCLUDES ACTIVITIES RELATING TO THE FOLLOWING: 8 (1) EMERGENCY PREPAREDNESS AND RESPONSE, INCLUDING 9 PREPAREDNESS AND RESPONSE ACTIVITIES BY VOLUNTEER MEDICAL, 10 POLICE, EMERGENCY MANAGEMENT, HAZARDOUS MATERIALS AND FIRE 11 PERSONNEL; 12 (2) INTELLIGENCE ACTIVITIES; 13 (3) CRITICAL INFRASTRUCTURE PROTECTION; 14 (4) BORDER SECURITY; 15 (5) GROUND, AVIATION AND MARITIME TRANSPORTATION 16 SECURITY; 17 (6) BIODEFENSE; 18 (7) DETECTION OF NUCLEAR AND RADIOLOGICAL MATERIALS; AND 19 (8) RESEARCH ON NEXT-GENERATION SECURITIES TECHNOLOGIES. 20 "INDEPENDENT AGENCY." ANY BOARD, COMMISSION OR OTHER AGENCY 21 OR OFFICER OF THE COMMONWEALTH, THAT IS NOT SUBJECT TO THE 22 POLICY SUPERVISION AND CONTROL OF THE GOVERNOR. THE TERM DOES 23 NOT INCLUDE A LEGISLATIVE OR JUDICIAL AGENCY. 24 "JUDICIAL AGENCY." A COURT OF THE COMMONWEALTH OR ANY OTHER 25 ENTITY OR OFFICE OF THE UNIFIED JUDICIAL SYSTEM. 26 "LEGISLATIVE AGENCY." ANY OF THE FOLLOWING: 27 (1) THE SENATE. 28 (2) THE HOUSE OF REPRESENTATIVES. 29 (3) THE CAPITOL PRESERVATION COMMITTEE. 30 (4) THE CENTER FOR RURAL PENNSYLVANIA. 20070S0001B1726 - 58 -
1 (5) THE JOINT LEGISLATIVE AIR AND WATER POLLUTION 2 CONTROL AND CONSERVATION COMMITTEE. 3 (6) THE JOINT STATE GOVERNMENT COMMISSION. 4 (7) THE LEGISLATIVE BUDGET AND FINANCE COMMITTEE. 5 (8) THE LEGISLATIVE DATA PROCESSING COMMITTEE. 6 (9) THE INDEPENDENT REGULATORY REVIEW COMMISSION. 7 (10) THE LEGISLATIVE REFERENCE BUREAU. 8 (11) THE LOCAL GOVERNMENT COMMISSION. 9 (12) THE PENNSYLVANIA COMMISSION ON SENTENCING. 10 (13) THE LEGISLATIVE REAPPORTIONMENT COMMISSION. 11 (14) THE LEGISLATIVE OFFICE OF RESEARCH LIAISON. 12 "LEGISLATIVE RECORD." ANY OF THE FOLLOWING RELATING TO A 13 LEGISLATIVE AGENCY OR A STANDING COMMITTEE, SUBCOMMITTEE OR 14 CONFERENCE COMMITTEE OF A LEGISLATIVE AGENCY: 15 (1) A FINANCIAL RECORD. 16 (2) A BILL OR RESOLUTION THAT HAS BEEN INTRODUCED AND 17 AMENDMENTS OFFERED THERETO IN COMMITTEE OR IN LEGISLATIVE 18 SESSION, INCLUDING RESOLUTIONS TO ADOPT OR AMEND THE RULES OF 19 A CHAMBER. 20 (3) FISCAL NOTES. 21 (4) A COSPONSORSHIP MEMORANDUM. 22 (5) THE JOURNAL OF A CHAMBER. 23 (6) THE MINUTES OF, RECORD OF ATTENDANCE OF MEMBERS AT A 24 PUBLIC HEARING OR A PUBLIC COMMITTEE MEETING AND ALL RECORDED 25 VOTES TAKEN IN A PUBLIC COMMITTEE MEETING. 26 (7) THE TRANSCRIPT OF A PUBLIC HEARING WHEN AVAILABLE. 27 (8) EXECUTIVE NOMINATION CALENDARS. 28 (9) THE RULES OF A CHAMBER. 29 (10) A RECORD OF ALL RECORDED VOTES TAKEN IN A 30 LEGISLATIVE SESSION. 20070S0001B1726 - 59 -
1 (11) ANY ADMINISTRATIVE STAFF MANUALS OR WRITTEN 2 POLICIES. 3 (12) AN AUDIT PREPARED PURSUANT TO THE ACT OF JUNE 30, 4 1970 (P.L.442, NO.151) ENTITLED, "AN ACT IMPLEMENTING THE 5 PROVISIONS OF ARTICLE VIII, SECTION 10 OF THE CONSTITUTION OF 6 PENNSYLVANIA, BY DESIGNATING THE COMMONWEALTH OFFICERS WHO 7 SHALL BE CHARGED WITH THE FUNCTION OF AUDITING THE FINANCIAL 8 TRANSACTIONS AFTER THE OCCURRENCE THEREOF OF THE LEGISLATIVE 9 AND JUDICIAL BRANCHES OF THE GOVERNMENT OF THE COMMONWEALTH, 10 ESTABLISHING A LEGISLATIVE AUDIT ADVISORY COMMISSION, AND 11 IMPOSING CERTAIN POWERS AND DUTIES ON SUCH COMMISSION." 12 (13) FINAL OR ANNUAL REPORTS REQUIRED BY LAW TO BE 13 SUBMITTED TO THE GENERAL ASSEMBLY. 14 (14) LEGISLATIVE BUDGET AND FINANCE COMMITTEE REPORTS. 15 (15) DAILY LEGISLATIVE SESSION CALENDARS AND MARKED 16 CALENDARS. 17 (16) A RECORD COMMUNICATING TO AN AGENCY THE OFFICIAL 18 APPOINTMENT OF A LEGISLATIVE APPOINTEE. 19 (17) A RECORD COMMUNICATING TO THE APPOINTING AUTHORITY 20 THE RESIGNATION OF A LEGISLATIVE APPOINTEE. 21 (18) PROPOSED REGULATIONS, FINAL-FORM REGULATIONS AND 22 FINAL-OMITTED REGULATIONS SUBMITTED TO A LEGISLATIVE AGENCY. 23 (19) THE RESULTS OF PUBLIC OPINION SURVEYS, POLLS, FOCUS 24 GROUPS, MARKETING RESEARCH OR SIMILAR EFFORTS DESIGNED TO 25 MEASURE PUBLIC OPINION FUNDED BY A LEGISLATIVE AGENCY. 26 "LOCAL AGENCY." ANY OF THE FOLLOWING: 27 (1) ANY POLITICAL SUBDIVISION, INTERMEDIATE UNIT, 28 CHARTER SCHOOL, CYBER CHARTER SCHOOL OR PUBLIC TRADE OR 29 VOCATIONAL SCHOOL. 30 (2) ANY LOCAL, INTERGOVERNMENTAL, REGIONAL OR MUNICIPAL 20070S0001B1726 - 60 -
1 AGENCY, AUTHORITY, COUNCIL, BOARD, COMMISSION OR SIMILAR 2 GOVERNMENTAL ENTITY. 3 "OFFICE OF OPEN RECORDS." THE OFFICE OF OPEN RECORDS 4 ESTABLISHED IN SECTION 1310. 5 "PERSONAL FINANCIAL INFORMATION." AN INDIVIDUAL'S PERSONAL 6 CREDIT, CHARGE OR DEBIT CARD INFORMATION; BANK ACCOUNT 7 INFORMATION; BANK, CREDIT OR FINANCIAL STATEMENTS; ACCOUNT OR 8 PIN NUMBERS AND OTHER INFORMATION RELATING TO AN INDIVIDUAL'S 9 PERSONAL FINANCES. 10 "PRIVILEGE." THE ATTORNEY-WORK PRODUCT DOCTRINE, THE 11 ATTORNEY-CLIENT PRIVILEGE, THE DOCTOR-PATIENT PRIVILEGE OR OTHER 12 PRIVILEGE RECOGNIZED BY A COURT INTERPRETING THE LAWS OF THIS 13 COMMONWEALTH. 14 "PUBLIC RECORD." A RECORD OF A COMMONWEALTH OR LOCAL AGENCY 15 THAT: 16 (1) IS NOT EXEMPT UNDER SECTION 708; 17 (2) IS NOT EXEMPT FROM BEING DISCLOSED UNDER ANY OTHER 18 FEDERAL OR STATE LAW OR REGULATION OR JUDICIAL ORDER OR 19 DECREE; OR 20 (3) IS NOT PROTECTED BY A PRIVILEGE. 21 "RECORD." INFORMATION, REGARDLESS OF PHYSICAL FORM OR 22 CHARACTERISTICS, THAT DOCUMENTS A TRANSACTION OR ACTIVITY OF AN 23 AGENCY AND THAT IS CREATED, RECEIVED OR RETAINED PURSUANT TO LAW 24 OR IN CONNECTION WITH A TRANSACTION, BUSINESS OR ACTIVITY OF THE 25 AGENCY. THE TERM INCLUDES A DOCUMENT, PAPER, LETTER, MAP, BOOK, 26 TAPE, PHOTOGRAPH, FILM OR SOUND RECORDING, INFORMATION STORED OR 27 MAINTAINED ELECTRONICALLY AND A DATA-PROCESSED OR IMAGE- 28 PROCESSED DOCUMENT. 29 "REQUESTER." A PERSON THAT IS A LEGAL RESIDENT OF THE UNITED 30 STATES AND REQUESTS A RECORD PURSUANT TO THIS ACT. THE TERM 20070S0001B1726 - 61 -
1 INCLUDES A POLITICAL SUBDIVISION AN AGENCY. <--
2 "RESPONSE." ACCESS TO A RECORD OR AN AGENCY'S WRITTEN NOTICE
3 TO A REQUESTER GRANTING, DENYING OR PARTIALLY GRANTING AND
4 PARTIALLY DENYING ACCESS TO A RECORD.
5 "SOCIAL SERVICES." CASH ASSISTANCE AND OTHER WELFARE
6 BENEFITS, MEDICAL, MENTAL AND OTHER HEALTH CARE SERVICES, DRUG
7 AND ALCOHOL TREATMENT, ADOPTION SERVICES, VOCATIONAL AND
8 OCCUPATIONAL TRAINING, EDUCATION SERVICES, COUNSELING SERVICES,
9 WORKERS' COMPENSATION SERVICES AND UNEMPLOYMENT COMPENSATION
10 SERVICES, FOSTER CARE SERVICES AND SERVICES FOR VICTIMS OF
11 CRIMES.
12 "STATE-AFFILIATED ENTITY." A COMMONWEALTH AUTHORITY OR
13 COMMONWEALTH ENTITY. THE TERM INCLUDES THE PENNSYLVANIA HIGHER
14 EDUCATION ASSISTANCE AGENCY AND ANY ENTITY ESTABLISHED THEREBY,
15 THE PENNSYLVANIA GAMING CONTROL BOARD, THE PENNSYLVANIA GAME
16 COMMISSION, THE PENNSYLVANIA FISH AND BOAT COMMISSION, THE
17 PENNSYLVANIA HOUSING FINANCE AGENCY, THE PENNSYLVANIA MUNICIPAL
18 RETIREMENT BOARD, THE STATE SYSTEM OF HIGHER EDUCATION, A
19 COMMUNITY COLLEGE, THE PENNSYLVANIA TURNPIKE COMMISSION, THE
20 PENNSYLVANIA PUBLIC UTILITY COMMISSION, THE PENNSYLVANIA
21 INFRASTRUCTURE INVESTMENT AUTHORITY, THE STATE PUBLIC SCHOOL
22 BUILDING AUTHORITY, THE PENNSYLVANIA INTERSCHOLASTIC ATHLETIC
23 ASSOCIATION AND THE PENNSYLVANIA EDUCATIONAL FACILITIES
24 AUTHORITY. THE TERM DOES NOT INCLUDE A STATE-RELATED
25 INSTITUTION.
26 "STATE-RELATED INSTITUTION." INCLUDES:
27 (1) TEMPLE UNIVERSITY.
28 (2) THE UNIVERSITY OF PITTSBURGH.
29 (3) THE PENNSYLVANIA STATE UNIVERSITY.
30 (4) LINCOLN UNIVERSITY.
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1 "TERRORIST ACT." A VIOLENT OR LIFE-THREATENING ACT THAT 2 VIOLATES THE CRIMINAL LAWS OF THE UNITED STATES OR ANY STATE AND 3 APPEARS TO BE INTENDED TO: 4 (1) INTIMIDATE OR COERCE A CIVILIAN POPULATION; 5 (2) INFLUENCE THE POLICY OF A GOVERNMENT; OR 6 (3) AFFECT THE CONDUCT OF A GOVERNMENT BY MASS 7 DESTRUCTION, ASSASSINATION OR KIDNAPPING. 8 "TRADE SECRET." INFORMATION, INCLUDING A FORMULA, DRAWING, 9 PATTERN, COMPILATION, INCLUDING A CUSTOMER LIST, PROGRAM, 10 DEVICE, METHOD, TECHNIQUE OR PROCESS THAT: 11 (1) DERIVES INDEPENDENT ECONOMIC VALUE, ACTUAL OR 12 POTENTIAL, FROM NOT BEING GENERALLY KNOWN TO AND NOT BEING 13 READILY ASCERTAINABLE BY PROPER MEANS BY OTHER PERSONS WHO 14 CAN OBTAIN ECONOMIC VALUE FROM ITS DISCLOSURE OR USE; AND 15 (2) IS THE SUBJECT OF EFFORTS THAT ARE REASONABLE UNDER 16 THE CIRCUMSTANCES TO MAINTAIN ITS SECRECY. 17 THE TERM INCLUDES DATA PROCESSING SOFTWARE OBTAINED BY AN AGENCY 18 UNDER A LICENSING AGREEMENT PROHIBITING DISCLOSURE. 19 CHAPTER 3 20 REQUIREMENTS AND PROHIBITIONS 21 SECTION 301. COMMONWEALTH AGENCIES. 22 (A) REQUIREMENT.--A COMMONWEALTH AGENCY SHALL PROVIDE PUBLIC 23 RECORDS IN ACCORDANCE WITH THIS ACT. 24 (B) PROHIBITION.--A COMMONWEALTH AGENCY MAY NOT DENY A 25 REQUESTER ACCESS TO A PUBLIC RECORD DUE TO THE INTENDED USE OF 26 THE PUBLIC RECORD BY THE REQUESTER UNLESS OTHERWISE PROVIDED BY 27 LAW. 28 SECTION 302. LOCAL AGENCIES. 29 (A) REQUIREMENT.--A LOCAL AGENCY SHALL PROVIDE PUBLIC 30 RECORDS IN ACCORDANCE WITH THIS ACT. 20070S0001B1726 - 63 -
1 (B) PROHIBITION.--A LOCAL AGENCY MAY NOT DENY A REQUESTER 2 ACCESS TO A PUBLIC RECORD DUE TO THE INTENDED USE OF THE PUBLIC 3 RECORD BY THE REQUESTER UNLESS OTHERWISE PROVIDED BY LAW. 4 SECTION 303. LEGISLATIVE AGENCIES. 5 (A) REQUIREMENT.--A LEGISLATIVE AGENCY SHALL PROVIDE 6 LEGISLATIVE RECORDS IN ACCORDANCE WITH THIS ACT. 7 (B) PROHIBITION.--A LEGISLATIVE AGENCY MAY NOT DENY A 8 REQUESTER ACCESS TO A LEGISLATIVE RECORD DUE TO THE INTENDED USE 9 OF THE LEGISLATIVE RECORD BY THE REQUESTER. 10 SECTION 304. JUDICIAL AGENCIES. 11 (A) REQUIREMENT.--A JUDICIAL AGENCY SHALL PROVIDE FINANCIAL 12 RECORDS IN ACCORDANCE WITH THIS ACT OR ANY RULE OR ORDER OF 13 COURT PROVIDING EQUAL OR GREATER ACCESS TO THE RECORDS. 14 (B) PROHIBITION.--A JUDICIAL AGENCY MAY NOT DENY A REQUESTER 15 ACCESS TO A FINANCIAL RECORD DUE TO THE INTENDED USE OF THE 16 FINANCIAL RECORD BY THE REQUESTER. 17 SECTION 305. PRESUMPTION. 18 (A) GENERAL RULE.--A RECORD IN THE POSSESSION OF A 19 COMMONWEALTH AGENCY OR LOCAL AGENCY SHALL BE PRESUMED TO BE A 20 PUBLIC RECORD. THE PRESUMPTION SHALL NOT APPLY IF: 21 (1) THE RECORD IS EXEMPT UNDER SECTION 708; 22 (2) THE RECORD IS PROTECTED BY A PRIVILEGE; OR 23 (3) THE RECORD IS EXEMPT FROM DISCLOSURE UNDER ANY OTHER 24 FEDERAL OR STATE LAW OR REGULATION OR JUDICIAL ORDER OR 25 DECREE. 26 (B) LEGISLATIVE RECORDS AND FINANCIAL RECORDS.--A 27 LEGISLATIVE RECORD IN THE POSSESSION OF A LEGISLATIVE AGENCY AND 28 A FINANCIAL RECORD IN THE POSSESSION OF A JUDICIAL AGENCY SHALL 29 BE PRESUMED TO BE AVAILABLE IN ACCORDANCE WITH THIS ACT. THE 30 PRESUMPTION SHALL NOT APPLY IF: 20070S0001B1726 - 64 -
1 (1) THE RECORD IS EXEMPT UNDER SECTION 708;
2 (2) THE RECORD IS PROTECTED BY A PRIVILEGE; OR
3 (3) THE RECORD IS EXEMPT FROM DISCLOSURE UNDER ANY OTHER
4 FEDERAL OR STATE LAW, REGULATION OR JUDICIAL ORDER OR DECREE.
5 SECTION 306. NATURE OF DOCUMENT.
6 NOTHING IN THIS ACT SHALL SUPERSEDE OR MODIFY THE PUBLIC OR
7 NONPUBLIC NATURE OF A RECORD OR DOCUMENT ESTABLISHED IN FEDERAL
8 OR STATE LAW, REGULATION OR JUDICIAL ORDER OR DECREE.
9 CHAPTER 5
10 ACCESS
11 SECTION 501. SCOPE OF CHAPTER.
12 THIS CHAPTER APPLIES TO ALL AGENCIES.
13 SECTION 502. OPEN-RECORDS OFFICER.
14 (A) ESTABLISHMENT.--
15 (1) AN AGENCY SHALL DESIGNATE AN OFFICIAL OR EMPLOYEE TO
16 ACT AS THE OPEN-RECORDS OFFICER.
17 (2) FOR A LEGISLATIVE AGENCY OTHER THAN THE SENATE OR
18 THE HOUSE OF REPRESENTATIVES, THE OPEN-RECORDS OFFICER
19 DESIGNATED BY THE LEGISLATIVE REFERENCE BUREAU SHALL SERVE AS
20 THE OPEN-RECORDS OFFICER. A NOTWITHSTANDING PARAGRAPH (1), A <--
21 POLITICAL PARTY CAUCUS OF A LEGISLATIVE AGENCY MAY APPOINT AN
22 OPEN-RECORDS OFFICER UNDER THIS SECTION.
23 (B) FUNCTIONS.--
24 (1) THE OPEN-RECORDS OFFICER SHALL RECEIVE REQUESTS
25 SUBMITTED TO THE AGENCY UNDER THIS ACT, DIRECT REQUESTS TO
26 OTHER APPROPRIATE PERSONS WITHIN THE AGENCY OR TO APPROPRIATE
27 PERSONS IN ANOTHER AGENCY, TRACK THE AGENCY'S PROGRESS IN
28 RESPONDING TO REQUESTS AND ISSUE INTERIM AND FINAL RESPONSES
29 UNDER THIS ACT.
30 (2) UPON RECEIVING A REQUEST FOR A PUBLIC RECORD,
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1 LEGISLATIVE RECORD OR FINANCIAL RECORD, THE OPEN-RECORDS 2 OFFICER SHALL DO ALL OF THE FOLLOWING: 3 (I) NOTE THE DATE OF RECEIPT ON THE WRITTEN REQUEST. 4 (II) COMPUTE THE DAY ON WHICH THE FIVE-DAY PERIOD 5 UNDER SECTION 901 WILL EXPIRE AND MAKE A NOTATION OF THAT 6 DATE ON THE WRITTEN REQUEST. 7 (III) MAINTAIN AN ELECTRONIC OR PAPER COPY OF A 8 WRITTEN REQUEST, INCLUDING ALL DOCUMENTS SUBMITTED WITH 9 THE REQUEST UNTIL THE REQUEST HAS BEEN FULFILLED. IF THE 10 REQUEST IS DENIED, THE WRITTEN REQUEST SHALL BE 11 MAINTAINED FOR 30 DAYS OR, IF AN APPEAL IS FILED, UNTIL A 12 FINAL DETERMINATION IS ISSUED UNDER SECTION 1101(B) OR 13 THE APPEAL IS DEEMED DENIED. 14 (IV) CREATE A FILE FOR THE RETENTION OF THE ORIGINAL 15 REQUEST, A COPY OF THE RESPONSE, A RECORD OF WRITTEN 16 COMMUNICATIONS WITH THE REQUESTER AND A COPY OF OTHER 17 COMMUNICATIONS. THIS SUBPARAGRAPH SHALL ONLY APPLY TO 18 COMMONWEALTH AGENCIES. 19 SECTION 503. APPEALS OFFICER. 20 (A) COMMONWEALTH AGENCIES AND LOCAL AGENCIES.--EXCEPT AS 21 PROVIDED IN SUBSECTION (D), THE OFFICE OF OPEN RECORDS 22 ESTABLISHED UNDER SECTION 1310 SHALL DESIGNATE AN APPEALS 23 OFFICER UNDER SECTION 1101(A)(2) FOR ALL: 24 (1) COMMONWEALTH AGENCIES; AND 25 (2) LOCAL AGENCIES. 26 (B) JUDICIAL AGENCIES.--A JUDICIAL AGENCY SHALL DESIGNATE AN 27 APPEALS OFFICER TO HEAR APPEALS UNDER CHAPTER 11. 28 (C) LEGISLATIVE AGENCIES.-- 29 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2), THE 30 LEGISLATIVE REFERENCE BUREAU SHALL DESIGNATE AN APPEALS 20070S0001B1726 - 66 -
1 OFFICER TO HEAR APPEALS UNDER CHAPTER 11 FOR ALL LEGISLATIVE 2 AGENCIES. 3 (2) EACH OF THE FOLLOWING SHALL DESIGNATE AN APPEALS 4 OFFICER TO HEAR APPEALS UNDER CHAPTER 11: 5 (I) THE SENATE. 6 (II) THE HOUSE OF REPRESENTATIVES. 7 (D) LAW ENFORCEMENT RECORDS AND STATEWIDE OFFICIALS.-- 8 (1) THE ATTORNEY GENERAL, STATE TREASURER AND AUDITOR 9 GENERAL SHALL EACH DESIGNATE AN APPEALS OFFICER TO HEAR 10 APPEALS UNDER CHAPTER 11. 11 (2) THE DISTRICT ATTORNEY OF A COUNTY SHALL DESIGNATE 12 ONE OR MORE APPEALS OFFICERS TO HEAR APPEALS UNDER CHAPTER 11 13 RELATING TO ACCESS TO CRIMINAL INVESTIGATIVE RECORDS IN 14 POSSESSION OF A LOCAL AGENCY OF THAT COUNTY. THE APPEALS 15 OFFICER DESIGNATED BY THE DISTRICT ATTORNEY SHALL DETERMINE 16 IF THE RECORD REQUESTED IS A CRIMINAL INVESTIGATIVE RECORD. 17 SECTION 504. REGULATIONS AND POLICIES. 18 (A) AUTHORITY.--AN AGENCY MAY PROMULGATE REGULATIONS AND 19 POLICIES NECESSARY FOR THE AGENCY TO IMPLEMENT THIS ACT. THE 20 OFFICE OF OPEN RECORDS MAY PROMULGATE REGULATIONS RELATING TO 21 APPEALS INVOLVING A COMMONWEALTH AGENCY OR LOCAL AGENCY. 22 (B) POSTING.--THE FOLLOWING INFORMATION SHALL BE POSTED AT 23 EACH AGENCY AND, IF THE AGENCY MAINTAINS AN INTERNET WEBSITE, ON 24 THE AGENCY'S INTERNET WEBSITE: 25 (1) CONTACT INFORMATION FOR THE OPEN-RECORDS OFFICER. 26 (2) CONTACT INFORMATION FOR THE OFFICE OF OPEN RECORDS 27 OR OTHER APPLICABLE APPEALS OFFICER. 28 (3) A FORM WHICH MAY BE USED TO FILE A REQUEST. 29 (4) REGULATIONS, POLICIES AND PROCEDURES OF THE AGENCY 30 RELATING TO THIS ACT. 20070S0001B1726 - 67 -
1 SECTION 505. UNIFORM FORM. 2 (A) COMMONWEALTH AND LOCAL AGENCIES.--THE OFFICE OF OPEN 3 RECORDS SHALL DEVELOP A UNIFORM FORM WHICH SHALL BE ACCEPTED BY 4 ALL COMMONWEALTH AND LOCAL AGENCIES IN ADDITION TO ANY FORM USED 5 BY THE AGENCY TO FILE A REQUEST UNDER THIS ACT. THE UNIFORM FORM 6 SHALL BE PUBLISHED IN THE PENNSYLVANIA BULLETIN AND ON THE 7 OFFICE OF OPEN RECORD'S INTERNET WEBSITE. 8 (B) JUDICIAL AGENCIES.--A JUDICIAL AGENCY OR THE 9 ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS MAY DEVELOP A FORM 10 TO REQUEST FINANCIAL RECORDS OR MAY ACCEPT A FORM DEVELOPED BY 11 THE OFFICE OF OPEN RECORDS. 12 (C) LEGISLATIVE AGENCIES.--A LEGISLATIVE AGENCY MAY DEVELOP 13 A FORM TO REQUEST LEGISLATIVE RECORDS OR MAY ACCEPT THE FORM 14 DEVELOPED BY THE OFFICE OF OPEN RECORDS. 15 SECTION 506. REQUESTS. 16 (A) DISRUPTIVE REQUESTS.-- 17 (1) AN AGENCY MAY DENY A REQUESTER ACCESS TO A RECORD IF 18 THE REQUESTER HAS MADE REPEATED REQUESTS FOR THAT SAME RECORD 19 AND THE REPEATED REQUESTS HAVE PLACED AN UNREASONABLE BURDEN 20 ON THE AGENCY. 21 (2) A DENIAL UNDER THIS SUBSECTION SHALL NOT RESTRICT 22 THE ABILITY TO REQUEST A DIFFERENT RECORD. 23 (B) DISASTER OR POTENTIAL DAMAGE.-- 24 (1) AN AGENCY MAY DENY A REQUESTER ACCESS: 25 (I) WHEN TIMELY ACCESS IS NOT POSSIBLE DUE TO FIRE, 26 FLOOD OR OTHER DISASTER; OR 27 (II) TO HISTORICAL, ANCIENT OR RARE DOCUMENTS, 28 RECORDS, ARCHIVES AND MANUSCRIPTS WHEN ACCESS MAY, IN THE 29 PROFESSIONAL JUDGMENT OF THE CURATOR OR CUSTODIAN OF 30 RECORDS, CAUSE PHYSICAL DAMAGE OR IRREPARABLE HARM TO THE 20070S0001B1726 - 68 -
1 RECORD. 2 (2) TO THE EXTENT POSSIBLE, THE CONTENTS OF A RECORD 3 UNDER THIS SUBSECTION SHALL BE MADE ACCESSIBLE TO A REQUESTER 4 EVEN WHEN THE RECORD IS PHYSICALLY UNAVAILABLE. 5 (C) AGENCY DISCRETION.--AN AGENCY MAY EXERCISE ITS 6 DISCRETION TO MAKE ANY OTHERWISE EXEMPT RECORD ACCESSIBLE FOR 7 INSPECTION AND COPYING UNDER THIS CHAPTER, IF ALL OF THE 8 FOLLOWING APPLY: 9 (1) DISCLOSURE OF THE RECORD IS NOT PROHIBITED UNDER ANY 10 OF THE FOLLOWING: 11 (I) FEDERAL OR STATE LAW OR REGULATION. 12 (II) JUDICIAL ORDER OR DECREE. 13 (2) THE RECORD IS NOT PROTECTED BY A PRIVILEGE. 14 (3) THE AGENCY HEAD DETERMINES THAT THE PUBLIC INTEREST 15 FAVORING ACCESS OUTWEIGHS ANY INDIVIDUAL, AGENCY OR PUBLIC 16 INTEREST THAT MAY FAVOR RESTRICTION OF ACCESS. 17 (D) AGENCY POSSESSION.-- 18 (1) A PUBLIC RECORD THAT IS NOT IN THE POSSESSION OF AN 19 AGENCY BUT IS IN THE POSSESSION OF A PARTY WITH WHOM THE 20 AGENCY HAS CONTRACTED TO PERFORM A GOVERNMENTAL FUNCTION ON 21 BEHALF OF THE AGENCY, AND WHICH DIRECTLY RELATES TO THE 22 GOVERNMENTAL FUNCTION AND IS NOT EXEMPT UNDER THIS ACT, SHALL 23 BE CONSIDERED A PUBLIC RECORD OF THE AGENCY FOR PURPOSES OF 24 THIS ACT. 25 (2) NOTHING IN THIS ACT SHALL BE CONSTRUED TO REQUIRE 26 ACCESS TO ANY OTHER RECORD OF THE PARTY IN POSSESSION OF THE 27 PUBLIC RECORD. 28 (3) A REQUEST FOR A PUBLIC RECORD IN POSSESSION OF A 29 PARTY OTHER THAN THE AGENCY SHALL BE SUBMITTED TO THE OPEN 30 RECORDS OFFICER OF THE AGENCY. UPON A DETERMINATION THAT THE 20070S0001B1726 - 69 -
1 RECORD IS SUBJECT TO ACCESS UNDER THIS ACT, THE OPEN RECORDS 2 OFFICER SHALL ASSESS THE DUPLICATION FEE ESTABLISHED UNDER 3 SECTION 1307(B) AND UPON COLLECTION SHALL REMIT THE FEE TO 4 THE PARTY IN POSSESSION OF THE RECORD IF THE PARTY DUPLICATED 5 THE RECORD. 6 SECTION 507. RETENTION OF RECORDS. 7 NOTHING IN THIS ACT SHALL BE CONSTRUED TO MODIFY, RESCIND OR 8 SUPERSEDE ANY RECORD RETENTION POLICY OR DISPOSITION SCHEDULE OF 9 AN AGENCY ESTABLISHED PURSUANT TO LAW, REGULATION, POLICY OR 10 OTHER DIRECTIVE. 11 CHAPTER 7 12 PROCEDURE 13 SECTION 701. ACCESS. 14 (A) GENERAL RULE.--UNLESS OTHERWISE PROVIDED BY LAW, A 15 PUBLIC RECORD, LEGISLATIVE RECORD OR FINANCIAL RECORD SHALL BE 16 ACCESSIBLE FOR INSPECTION AND DUPLICATION IN ACCORDANCE WITH 17 THIS ACT. A RECORD BEING PROVIDED TO A REQUESTER SHALL BE 18 PROVIDED IN THE MEDIUM REQUESTED IF IT EXISTS IN THAT MEDIUM; 19 OTHERWISE, IT SHALL BE PROVIDED IN THE MEDIUM IN WHICH IT 20 EXISTS. PUBLIC RECORDS, LEGISLATIVE RECORDS OR FINANCIAL RECORDS 21 SHALL BE AVAILABLE FOR ACCESS DURING THE REGULAR BUSINESS HOURS 22 OF AN AGENCY. 23 (B) CONSTRUCTION.--NOTHING IN THIS ACT SHALL BE CONSTRUED TO 24 REQUIRE ACCESS TO ANY COMPUTER EITHER OF AN AGENCY OR INDIVIDUAL 25 EMPLOYEE OF AN AGENCY. 26 SECTION 702. REQUESTS. 27 AGENCIES MAY FULFILL VERBAL, WRITTEN OR ANONYMOUS VERBAL OR 28 WRITTEN REQUESTS FOR ACCESS TO RECORDS UNDER THIS ACT. IF THE 29 REQUESTER WISHES TO PURSUE THE RELIEF AND REMEDIES PROVIDED FOR 30 IN THIS ACT, THE REQUEST FOR ACCESS TO RECORDS MUST BE A WRITTEN 20070S0001B1726 - 70 -
1 REQUEST. 2 SECTION 703. WRITTEN REQUESTS. 3 A WRITTEN REQUEST FOR ACCESS TO RECORDS MAY BE SUBMITTED IN 4 PERSON, BY MAIL, BY E-MAIL, BY FACSIMILE OR, TO THE EXTENT 5 PROVIDED BY AGENCY RULES, ANY OTHER ELECTRONIC MEANS. A WRITTEN 6 REQUEST MUST BE ADDRESSED TO THE OPEN-RECORDS OFFICER DESIGNATED 7 PURSUANT TO SECTION 502. EMPLOYEES OF AN AGENCY SHALL BE 8 DIRECTED TO FORWARD REQUESTS FOR RECORDS TO THE OPEN-RECORDS 9 OFFICER. A WRITTEN REQUEST SHOULD IDENTIFY OR DESCRIBE THE 10 RECORDS SOUGHT WITH SUFFICIENT SPECIFICITY TO ENABLE THE AGENCY 11 TO ASCERTAIN WHICH RECORDS ARE BEING REQUESTED AND SHALL INCLUDE 12 THE NAME AND ADDRESS TO WHICH THE AGENCY SHOULD ADDRESS ITS 13 RESPONSE. A WRITTEN REQUEST NEED NOT INCLUDE ANY EXPLANATION OF 14 THE REQUESTER'S REASON FOR REQUESTING OR INTENDED USE OF THE 15 RECORDS UNLESS OTHERWISE REQUIRED BY LAW. 16 SECTION 704. ELECTRONIC ACCESS. 17 (A) GENERAL RULE.--IN ADDITION TO THE REQUIREMENTS OF 18 SECTION 701, AN AGENCY MAY MAKE ITS RECORDS AVAILABLE THROUGH 19 ANY PUBLICLY ACCESSIBLE ELECTRONIC MEANS. 20 (B) RESPONSE.-- 21 (1) IN ADDITION TO THE REQUIREMENTS OF SECTION 701, AN 22 AGENCY MAY RESPOND TO A REQUEST BY NOTIFYING THE REQUESTER 23 THAT THE RECORD IS AVAILABLE THROUGH PUBLICLY ACCESSIBLE 24 ELECTRONIC MEANS OR THAT THE AGENCY WILL PROVIDE ACCESS TO 25 INSPECT THE RECORD ELECTRONICALLY. 26 (2) IF THE REQUESTER IS UNWILLING OR UNABLE TO ACCESS 27 THE RECORD ELECTRONICALLY, THE REQUESTER MAY, WITHIN 30 DAYS 28 FOLLOWING RECEIPT OF THE AGENCY NOTIFICATION, SUBMIT A 29 WRITTEN REQUEST TO THE AGENCY TO HAVE THE RECORD CONVERTED TO 30 PAPER. THE AGENCY SHALL PROVIDE ACCESS TO THE RECORD IN 20070S0001B1726 - 71 -
1 PRINTED FORM WITHIN FIVE DAYS OF THE RECEIPT OF THE WRITTEN 2 REQUEST FOR CONVERSION TO PAPER. 3 SECTION 705. CREATION OF RECORD. 4 WHEN RESPONDING TO A REQUEST FOR ACCESS, AN AGENCY SHALL NOT 5 BE REQUIRED TO CREATE A RECORD WHICH DOES NOT CURRENTLY EXIST OR 6 TO COMPILE, MAINTAIN, FORMAT OR ORGANIZE A RECORD IN A MANNER IN 7 WHICH THE AGENCY DOES NOT CURRENTLY COMPILE, MAINTAIN, FORMAT OR 8 ORGANIZE THE RECORD. 9 SECTION 706. REDACTION. 10 IF AN AGENCY DETERMINES THAT A PUBLIC RECORD, LEGISLATIVE 11 RECORD OR FINANCIAL RECORD CONTAINS INFORMATION WHICH IS SUBJECT 12 TO ACCESS AS WELL AS INFORMATION WHICH IS NOT SUBJECT TO ACCESS, 13 THE AGENCY'S RESPONSE SHALL GRANT ACCESS TO THE INFORMATION 14 WHICH IS SUBJECT TO ACCESS AND DENY ACCESS TO THE INFORMATION 15 WHICH IS NOT SUBJECT TO ACCESS. IF THE INFORMATION WHICH IS NOT 16 SUBJECT TO ACCESS IS AN INTEGRAL PART OF THE PUBLIC RECORD, 17 LEGISLATIVE RECORD OR FINANCIAL RECORD AND CANNOT BE SEPARATED, 18 THE AGENCY SHALL REDACT FROM THE RECORD THE INFORMATION WHICH IS 19 NOT SUBJECT TO ACCESS, AND THE RESPONSE SHALL GRANT ACCESS TO 20 THE INFORMATION WHICH IS SUBJECT TO ACCESS. THE AGENCY MAY NOT 21 DENY ACCESS TO THE RECORD IF THE INFORMATION WHICH IS NOT 22 SUBJECT TO ACCESS IS ABLE TO BE REDACTED. INFORMATION WHICH AN 23 AGENCY REDACTS IN ACCORDANCE WITH THIS SUBSECTION SHALL BE 24 DEEMED A DENIAL UNDER CHAPTER 9. 25 SECTION 707. PRODUCTION OF CERTAIN RECORDS. 26 (A) GENERAL RULE.--IF, IN RESPONSE TO A REQUEST, AN AGENCY 27 PRODUCES A RECORD THAT IS NOT A PUBLIC RECORD, LEGISLATIVE 28 RECORD OR FINANCIAL RECORD, THE AGENCY SHALL NOTIFY ANY THIRD 29 PARTY THAT PROVIDED THE RECORD TO THE AGENCY, THE PERSON THAT IS 30 THE SUBJECT OF THE RECORD AND THE REQUESTER. 20070S0001B1726 - 72 -
1 (B) REQUESTS FOR TRADE SECRETS.--AN AGENCY SHALL NOTIFY A 2 THIRD PARTY OF A REQUEST FOR A RECORD IF THE THIRD PARTY 3 PROVIDED THE RECORD AND INCLUDED A WRITTEN STATEMENT SIGNED BY A 4 REPRESENTATIVE OF THE THIRD PARTY THAT THE RECORD CONTAINS A 5 TRADE SECRET OR CONFIDENTIAL PROPRIETARY INFORMATION. 6 NOTIFICATION SHALL BE PROVIDED WITHIN FIVE BUSINESS DAYS OF 7 RECEIPT OF THE REQUEST FOR THE RECORD. THE THIRD PARTY SHALL 8 HAVE FIVE BUSINESS DAYS FROM RECEIPT OF NOTIFICATION FROM THE 9 AGENCY TO PROVIDE INPUT ON THE RELEASE OF THE RECORD. THE AGENCY 10 SHALL DENY THE REQUEST FOR THE RECORD OR RELEASE THE RECORD 11 WITHIN TEN BUSINESS DAYS OF THE PROVISION OF NOTICE TO THE THIRD 12 PARTY AND SHALL NOTIFY THE THIRD PARTY OF THE DECISION. 13 (C) TRANSCRIPTS.-- 14 (1) PRIOR TO AN ADJUDICATION BECOMING FINAL, BINDING AND 15 NONAPPEALABLE, A TRANSCRIPT OF AN ADMINISTRATIVE PROCEEDING 16 SHALL BE PROVIDED TO A REQUESTER BY THE AGENCY STENOGRAPHER 17 OR A COURT REPORTER, IN ACCORDANCE WITH AGENCY PROCEDURE OR 18 AN APPLICABLE CONTRACT. 19 (2) FOLLOWING AN ADJUDICATION BECOMING FINAL, BINDING 20 AND NONAPPEALABLE, A TRANSCRIPT OF AN ADMINISTRATIVE 21 PROCEEDING SHALL BE PROVIDED TO A REQUESTER IN ACCORDANCE 22 WITH THE DUPLICATION RATES ESTABLISHED IN SECTION 1307(B). 23 SECTION 708. EXCEPTIONS FOR PUBLIC RECORDS. 24 (A) BURDEN OF PROOF.-- 25 (1) THE BURDEN OF PROVING THAT A RECORD OF A 26 COMMONWEALTH AGENCY OR LOCAL AGENCY IS EXEMPT FROM PUBLIC 27 ACCESS SHALL BE ON THE COMMONWEALTH AGENCY OR LOCAL AGENCY 28 RECEIVING A REQUEST BY A PREPONDERANCE OF THE EVIDENCE. 29 (2) THE BURDEN OF PROVING THAT A LEGISLATIVE RECORD IS 30 EXEMPT FROM PUBLIC ACCESS SHALL BE ON THE LEGISLATIVE AGENCY 20070S0001B1726 - 73 -
1 RECEIVING A REQUEST BY A PREPONDERANCE OF THE EVIDENCE. 2 (3) THE BURDEN OF PROVING THAT A FINANCIAL RECORD OF A 3 JUDICIAL AGENCY IS EXEMPT FROM PUBLIC ACCESS SHALL BE ON THE 4 JUDICIAL AGENCY RECEIVING A REQUEST BY A PREPONDERANCE OF THE 5 EVIDENCE. 6 (B) EXCEPTIONS.--EXCEPT AS PROVIDED IN SUBSECTIONS (C) AND 7 (D), THE FOLLOWING ARE EXEMPT FROM ACCESS BY A REQUESTER UNDER 8 THIS ACT: 9 (1) A RECORD THE DISCLOSURE OF WHICH: 10 (I) WOULD RESULT IN THE LOSS OF FEDERAL OR STATE 11 FUNDS BY AN AGENCY OR THE COMMONWEALTH; OR 12 (II) WOULD BE REASONABLY LIKELY TO RESULT IN A 13 SUBSTANTIAL AND DEMONSTRABLE RISK OF PHYSICAL HARM TO AN 14 INDIVIDUAL. 15 (2) A RECORD MAINTAINED BY AN AGENCY IN CONNECTION WITH 16 THE MILITARY, HOMELAND SECURITY, NATIONAL DEFENSE, LAW 17 ENFORCEMENT OR OTHER PUBLIC SAFETY ACTIVITY THAT IF DISCLOSED 18 WOULD BE REASONABLY LIKELY TO JEOPARDIZE OR THREATEN PUBLIC 19 SAFETY OR PREPAREDNESS OR PUBLIC PROTECTION ACTIVITY OR A 20 RECORD THAT IS DESIGNATED CLASSIFIED BY AN APPROPRIATE 21 FEDERAL OR STATE MILITARY AUTHORITY. 22 (3) A RECORD, THE DISCLOSURE OF WHICH CREATES A 23 REASONABLE LIKELIHOOD OF ENDANGERING THE SAFETY OR THE 24 PHYSICAL SECURITY OF A BUILDING, PUBLIC UTILITY, RESOURCE, 25 INFRASTRUCTURE, FACILITY OR INFORMATION STORAGE SYSTEM, WHICH 26 MAY INCLUDE: 27 (I) DOCUMENTS OR DATA RELATING TO COMPUTER HARDWARE, 28 SOURCE FILES, SOFTWARE AND SYSTEM NETWORKS THAT COULD 29 JEOPARDIZE COMPUTER SECURITY BY EXPOSING A VULNERABILITY 30 IN PREVENTING, PROTECTING AGAINST, MITIGATING OR 20070S0001B1726 - 74 -
1 RESPONDING TO A TERRORIST ACT; 2 (II) LISTS OF INFRASTRUCTURE, RESOURCES AND 3 SIGNIFICANT SPECIAL EVENTS, INCLUDING THOSE DEFINED BY 4 THE FEDERAL GOVERNMENT IN THE NATIONAL INFRASTRUCTURE 5 PROTECTIONS, WHICH ARE DEEMED CRITICAL DUE TO THEIR 6 NATURE AND WHICH RESULT FROM RISK ANALYSIS; THREAT 7 ASSESSMENTS; CONSEQUENCES ASSESSMENTS; ANTITERRORISM 8 PROTECTIVE MEASURES AND PLANS; COUNTERTERRORISM MEASURES 9 AND PLANS; AND SECURITY AND RESPONSE NEEDS ASSESSMENTS; 10 AND 11 (III) BUILDING PLANS OR INFRASTRUCTURE RECORDS THAT 12 EXPOSE OR CREATE VULNERABILITY THROUGH DISCLOSURE OF THE 13 LOCATION, CONFIGURATION OR SECURITY OF CRITICAL SYSTEMS, 14 INCLUDING PUBLIC UTILITY SYSTEMS, STRUCTURAL ELEMENTS, 15 TECHNOLOGY, COMMUNICATION, ELECTRICAL, FIRE SUPPRESSION, 16 VENTILATION, WATER, WASTEWATER, SEWAGE AND GAS SYSTEMS. 17 (4) A RECORD REGARDING COMPUTER HARDWARE, SOFTWARE AND 18 NETWORKS, INCLUDING ADMINISTRATIVE OR TECHNICAL RECORDS, 19 WHICH, IF DISCLOSED, WOULD BE REASONABLY LIKELY TO JEOPARDIZE 20 COMPUTER SECURITY. 21 (5) A RECORD OF AN INDIVIDUAL'S MEDICAL, PSYCHIATRIC OR 22 PSYCHOLOGICAL HISTORY OR DISABILITY STATUS, INCLUDING AN 23 EVALUATION, CONSULTATION, PRESCRIPTION, DIAGNOSIS OR 24 TREATMENT; RESULTS OF TESTS, INCLUDING DRUG TESTS; ENROLLMENT 25 IN A HEALTH CARE PROGRAM OR PROGRAM DESIGNED FOR 26 PARTICIPATION BY PERSONS WITH DISABILITIES, INCLUDING 27 VOCATION REHABILITATION, WORKERS' COMPENSATION AND 28 UNEMPLOYMENT COMPENSATION; OR RELATED INFORMATION THAT WOULD 29 DISCLOSE INDIVIDUALLY IDENTIFIABLE HEALTH INFORMATION. 30 (6) (I) THE FOLLOWING PERSONAL IDENTIFICATION 20070S0001B1726 - 75 -
1 INFORMATION: 2 (A) A RECORD CONTAINING ALL OR PART OF A 3 PERSON'S SOCIAL SECURITY NUMBER; DRIVER'S LICENSE 4 NUMBER; PERSONAL FINANCIAL INFORMATION; HOME, 5 CELLULAR OR PERSONAL TELEPHONE NUMBERS; PERSONAL E- 6 MAIL ADDRESSES; EMPLOYEE NUMBER OR OTHER CONFIDENTIAL 7 PERSONAL IDENTIFICATION NUMBER. 8 (B) A SPOUSE'S NAME; MARITAL STATUS, BENEFICIARY 9 OR DEPENDENT INFORMATION. 10 (C) THE HOME ADDRESS OF A LAW ENFORCEMENT 11 OFFICER OR JUDGE. 12 (II) NOTHING IN THIS PARAGRAPH SHALL PRECLUDE THE 13 RELEASE OF THE NAME, POSITION, SALARY, ACTUAL 14 COMPENSATION OR OTHER PAYMENTS OR EXPENSES, EMPLOYMENT 15 CONTRACT, EMPLOYMENT-RELATED CONTRACT OR AGREEMENT AND 16 LENGTH OF SERVICE OF A PUBLIC OFFICIAL OR AN AGENCY 17 EMPLOYEE. 18 (III) AN AGENCY MAY REDACT THE NAME OR OTHER 19 IDENTIFYING INFORMATION RELATING TO AN INDIVIDUAL 20 PERFORMING AN UNDERCOVER OR COVERT LAW ENFORCEMENT 21 ACTIVITY FROM A RECORD. 22 (7) THE FOLLOWING RECORDS RELATING TO AN AGENCY 23 EMPLOYEE: 24 (I) A LETTER OF REFERENCE OR RECOMMENDATION 25 PERTAINING TO THE CHARACTER OR QUALIFICATIONS OF AN 26 IDENTIFIABLE INDIVIDUAL, UNLESS IT WAS PREPARED IN 27 RELATION TO THE APPOINTMENT OF AN INDIVIDUAL TO FILL A 28 VACANCY IN AN ELECTED OFFICE OR AN APPOINTED OFFICE 29 REQUIRING SENATE CONFIRMATION. 30 (II) A PERFORMANCE RATING OR REVIEW. 20070S0001B1726 - 76 -
1 (III) THE RESULT OF A CIVIL SERVICE OR SIMILAR TEST 2 ADMINISTERED BY A COMMONWEALTH AGENCY, LEGISLATIVE AGENCY 3 OR JUDICIAL AGENCY. THE RESULT OF A CIVIL SERVICE OR 4 SIMILAR TEST ADMINISTERED BY A LOCAL AGENCY SHALL NOT BE 5 DISCLOSED IF RESTRICTED BY A COLLECTIVE BARGAINING 6 AGREEMENT. ONLY TEST SCORES OF INDIVIDUALS WHO OBTAINED A 7 PASSING SCORE ON A TEST ADMINISTERED BY A LOCAL AGENCY 8 MAY BE DISCLOSED. 9 (IV) THE EMPLOYMENT APPLICATION OF AN INDIVIDUAL WHO 10 IS NOT HIRED BY THE AGENCY. 11 (V) WORKPLACE SUPPORT SERVICES PROGRAM INFORMATION. 12 (VI) WRITTEN CRITICISMS OF AN EMPLOYEE. 13 (VII) GRIEVANCE MATERIAL, INCLUDING DOCUMENTS 14 RELATED TO DISCRIMINATION OR SEXUAL HARASSMENT. 15 (VIII) INFORMATION REGARDING DISCIPLINE, DEMOTION OR 16 DISCHARGE CONTAINED IN A PERSONNEL FILE. THIS 17 SUBPARAGRAPH SHALL NOT APPLY TO THE FINAL ACTION OF AN 18 AGENCY THAT RESULTS IN DEMOTION OR DISCHARGE. 19 (IX) AN ACADEMIC TRANSCRIPT. 20 (8) (I) A RECORD PERTAINING TO STRATEGY OR NEGOTIATIONS 21 RELATING TO LABOR RELATIONS OR COLLECTIVE BARGAINING AND 22 RELATED ARBITRATION PROCEEDINGS. THIS SUBPARAGRAPH SHALL 23 NOT APPLY TO A FINAL OR EXECUTED CONTRACT OR AGREEMENT 24 BETWEEN THE PARTIES IN A COLLECTIVE BARGAINING PROCEDURE. 25 (II) IN THE CASE OF THE ARBITRATION OF A DISPUTE OR 26 GRIEVANCE UNDER A COLLECTIVE BARGAINING AGREEMENT, AN 27 EXHIBIT ENTERED INTO EVIDENCE AT AN ARBITRATION 28 PROCEEDING, A TRANSCRIPT OF THE ARBITRATION OR THE 29 OPINION. THIS SUBPARAGRAPH SHALL NOT APPLY TO THE FINAL 30 AWARD OR ORDER OF THE ARBITRATOR IN A DISPUTE OR 20070S0001B1726 - 77 -
1 GRIEVANCE PROCEDURE. 2 (9) THE DRAFT OF A BILL, RESOLUTION, REGULATION, 3 STATEMENT OF POLICY, MANAGEMENT DIRECTIVE, ORDINANCE OR 4 AMENDMENT THERETO PREPARED BY OR FOR AN AGENCY. 5 (10) (I) A RECORD THAT REFLECTS: 6 (A) THE INTERNAL, PREDECISIONAL DELIBERATIONS OF 7 AN AGENCY, ITS MEMBERS, EMPLOYEES OR OFFICIALS OR 8 PREDECISIONAL DELIBERATIONS BETWEEN AGENCY MEMBERS, 9 EMPLOYEES OR OFFICIALS AND MEMBERS, EMPLOYEES OR 10 OFFICIALS OF ANOTHER AGENCY, INCLUDING PREDECISIONAL 11 DELIBERATIONS RELATING TO A BUDGET RECOMMENDATION, 12 LEGISLATIVE PROPOSAL, LEGISLATIVE AMENDMENT, 13 CONTEMPLATED OR PROPOSED POLICY OR COURSE OF ACTION 14 OR ANY RESEARCH, MEMOS OR OTHER DOCUMENTS USED IN THE 15 PREDECISIONAL DELIBERATIONS. 16 (B) THE STRATEGY TO BE USED TO DEVELOP OR 17 ACHIEVE THE SUCCESSFUL ADOPTION OF A BUDGET, 18 LEGISLATIVE PROPOSAL OR REGULATION. 19 (II) SUBPARAGRAPH (I)(A) SHALL APPLY TO AGENCIES 20 SUBJECT TO 65 PA.C.S. CH. 7 (RELATING TO OPEN MEETINGS) 21 IN A MANNER CONSISTENT WITH 65 PA.C.S. CH. 7. A RECORD <-- 22 PRESENTED TO A QUORUM FOR DELIBERATION IN ACCORDANCE WITH 23 65 PA.C.S. CH. 7 SHALL BE A PUBLIC RECORD. 24 (III) THIS PARAGRAPH SHALL NOT APPLY TO A WRITTEN OR 25 INTERNET APPLICATION OR OTHER DOCUMENT THAT HAS BEEN 26 SUBMITTED TO REQUEST COMMONWEALTH FUNDS. 27 (IV) THIS PARAGRAPH SHALL NOT APPLY TO THE RESULTS 28 OF PUBLIC OPINION SURVEYS, POLLS, FOCUS GROUPS, MARKETING 29 RESEARCH OR SIMILAR EFFORT DESIGNED TO MEASURE PUBLIC 30 OPINION. 20070S0001B1726 - 78 -
1 (11) A RECORD THAT CONSTITUTES OR REVEALS A TRADE SECRET
2 OR CONFIDENTIAL PROPRIETARY INFORMATION.
3 (12) NOTES AND WORKING PAPERS PREPARED BY OR FOR A
4 PUBLIC OFFICIAL OR AGENCY EMPLOYEE USED SOLELY FOR THAT
5 OFFICIAL'S OR EMPLOYEE'S OWN PERSONAL USE, INCLUDING
6 TELEPHONE MESSAGE SLIPS, ROUTING SLIPS AND OTHER MATERIALS
7 THAT DO NOT HAVE AN OFFICIAL PURPOSE.
8 (13) RECORDS THAT WOULD DISCLOSE THE IDENTITY OF AN
9 INDIVIDUAL WHO LAWFULLY MAKES A DONATION TO AN AGENCY UNLESS
10 THE DONATION IS INTENDED FOR OR RESTRICTED TO PROVIDING
11 REMUNERATION OR PERSONAL TANGIBLE BENEFIT TO A NAMED PUBLIC
12 OFFICIAL OR EMPLOYEE OF THE AGENCY, INCLUDING LISTS OF
13 POTENTIAL DONORS COMPILED BY AN AGENCY TO PURSUE DONATIONS,
14 DONOR PROFILE INFORMATION OR PERSONAL IDENTIFYING INFORMATION
15 RELATING TO A DONOR.
16 (14) UNPUBLISHED LECTURE NOTES, UNPUBLISHED MANUSCRIPTS,
17 UNPUBLISHED ARTICLES, CREATIVE WORKS IN PROGRESS, RESEARCH-
18 RELATED MATERIAL AND SCHOLARLY CORRESPONDENCE OF A COMMUNITY
19 COLLEGE OR AN INSTITUTION OF THE STATE SYSTEM OF HIGHER
20 EDUCATION OR A FACULTY MEMBER, STAFF EMPLOYEE, GUEST SPEAKER
21 OR STUDENT THEREOF.
22 (15) EXAMINATION QUESTIONS, SCORING KEYS OR ANSWERS TO
23 AN EXAMINATION, INCLUDING QUESTIONS, KEYS AND ANSWERS OF ON <--
24 TESTS IN PRIMARY AND SECONDARY SCHOOLS AND INSTITUTIONS OF
25 HIGHER EDUCATION.
26 (16) A RECORD OF AN AGENCY RELATING TO OR RESULTING IN A
27 CRIMINAL INVESTIGATION, INCLUDING:
28 (I) COMPLAINTS OF POTENTIAL CRIMINAL CONDUCT OTHER
29 THAN A PRIVATE CRIMINAL COMPLAINT.
30 (II) INVESTIGATIVE MATERIALS, NOTES, CORRESPONDENCE,
20070S0001B1726 - 79 -
1 VIDEOS AND REPORTS. 2 (III) A RECORD THAT INCLUDES THE IDENTITY OF A 3 CONFIDENTIAL SOURCE OR THE IDENTITY OF A SUSPECT WHO HAS 4 NOT BEEN CHARGED WITH AN OFFENSE TO WHOM CONFIDENTIALITY 5 HAS BEEN PROMISED. 6 (IV) A RECORD THAT INCLUDES INFORMATION MADE 7 CONFIDENTIAL BY LAW OR COURT ORDER. 8 (V) VICTIM INFORMATION, INCLUDING ANY INFORMATION 9 THAT WOULD JEOPARDIZE THE SAFETY OF THE VICTIM. 10 (VI) A RECORD THAT, IF DISCLOSED, WOULD DO ANY OF 11 THE FOLLOWING: 12 (A) REVEAL THE INSTITUTION, PROGRESS OR RESULT 13 OF A CRIMINAL INVESTIGATION, EXCEPT THE FILING OF 14 CRIMINAL CHARGES. 15 (B) DEPRIVE A PERSON OF THE RIGHT TO A FAIR 16 TRIAL OR AN IMPARTIAL ADJUDICATION. 17 (C) IMPAIR THE ABILITY TO LOCATE A DEFENDANT OR 18 CODEFENDANT. 19 (D) HINDER AN AGENCY'S ABILITY TO SECURE AN 20 ARREST, PROSECUTION OR CONVICTION. 21 (E) ENDANGER THE LIFE OR PHYSICAL SAFETY OF AN 22 INDIVIDUAL. 23 THIS PARAGRAPH SHALL NOT APPLY TO INFORMATION CONTAINED IN A 24 POLICE BLOTTER AS DEFINED IN 18 PA.C.S. § 9102 (RELATING TO 25 DEFINITIONS) AND UTILIZED OR MAINTAINED BY THE PENNSYLVANIA 26 STATE POLICE, LOCAL, CAMPUS, TRANSIT OR PORT AUTHORITY POLICE 27 DEPARTMENT OR OTHER LAW ENFORCEMENT AGENCY OR IN A TRAFFIC 28 REPORT EXCEPT AS PROVIDED UNDER 75 PA.C.S. § 3754(B) 29 (RELATING TO ACCIDENT PREVENTION INVESTIGATIONS). 30 (17) A RECORD OF AN AGENCY RELATING TO A NONCRIMINAL 20070S0001B1726 - 80 -
1 INVESTIGATION, INCLUDING: 2 (I) COMPLAINTS SUBMITTED TO AN AGENCY. 3 (II) INVESTIGATIVE MATERIALS, NOTES, CORRESPONDENCE 4 AND REPORTS. 5 (III) A RECORD THAT INCLUDES THE IDENTITY OF A 6 CONFIDENTIAL SOURCE, INCLUDING INDIVIDUALS SUBJECT TO THE 7 ACT OF DECEMBER 12, 1986 (P.L.1559, NO.169), KNOWN AS THE 8 WHISTLEBLOWER LAW. 9 (IV) A RECORD THAT INCLUDES INFORMATION MADE 10 CONFIDENTIAL BY LAW. 11 (V) WORK PAPERS UNDERLYING AN AUDIT. 12 (VI) A RECORD THAT, IF DISCLOSED, WOULD DO ANY OF 13 THE FOLLOWING: 14 (A) REVEAL THE INSTITUTION, PROGRESS OR RESULT 15 OF AN AGENCY INVESTIGATION, EXCEPT THE IMPOSITION OF 16 A FINE OR CIVIL PENALTY, THE SUSPENSION, MODIFICATION 17 OR REVOCATION OF A LICENSE, PERMIT, REGISTRATION, 18 CERTIFICATION OR SIMILAR AUTHORIZATION ISSUED BY AN 19 AGENCY OR AN EXECUTED SETTLEMENT AGREEMENT UNLESS THE 20 AGREEMENT IS DETERMINED TO BE CONFIDENTIAL BY A 21 COURT. 22 (B) DEPRIVE A PERSON OF THE RIGHT TO AN 23 IMPARTIAL ADJUDICATION. 24 (C) CONSTITUTE AN UNWARRANTED INVASION OF 25 PRIVACY. 26 (D) HINDER AN AGENCY'S ABILITY TO SECURE AN 27 ADMINISTRATIVE OR CIVIL SANCTION. 28 (E) ENDANGER THE LIFE OR PHYSICAL SAFETY OF AN 29 INDIVIDUAL. 30 (18) (I) RECORDS OR PARTS OF RECORDS, EXCEPT TIME 20070S0001B1726 - 81 -
1 RESPONSE LOGS, PERTAINING TO AUDIO RECORDINGS, TELEPHONE 2 OR RADIO TRANSMISSIONS RECEIVED BY EMERGENCY DISPATCH 3 PERSONNEL, INCLUDING 911 RECORDINGS. 4 (II) THIS PARAGRAPH SHALL NOT APPLY TO A 911 5 RECORDING OR A TRANSCRIPT OF A 911 RECORDING IF THE 6 AGENCY OR A COURT DETERMINES THAT THE PUBLIC INTEREST IN 7 DISCLOSURE OUTWEIGHS THE INTEREST IN NONDISCLOSURE. 8 (19) DNA AND RNA RECORDS. 9 (20) AN AUTOPSY RECORD OF A CORONER OR MEDICAL EXAMINER 10 AND ANY AUDIOTAPE OF A POSTMORTEM EXAMINATION OR AUTOPSY, OR 11 A COPY, REPRODUCTION OR FACSIMILE OF AN AUTOPSY REPORT, A 12 PHOTOGRAPH, NEGATIVE OR PRINT, INCLUDING A PHOTOGRAPH OR 13 VIDEOTAPE OF THE BODY OR ANY PORTION OF THE BODY OF A 14 DECEASED PERSON AT THE SCENE OF DEATH OR IN THE COURSE OF A 15 POSTMORTEM EXAMINATION OR AUTOPSY TAKEN OR MADE BY OR CAUSED 16 TO BE TAKEN OR MADE BY THE CORONER OR MEDICAL EXAMINER. THIS 17 EXCEPTION SHALL NOT LIMIT THE REPORTING OF THE NAME OF THE 18 DECEASED INDIVIDUAL AND THE CAUSE AND MANNER OF DEATH. 19 (21) (I) DRAFT MINUTES OF ANY MEETING OF AN AGENCY 20 UNTIL THE NEXT REGULARLY SCHEDULED MEETING OF THE AGENCY. 21 (II) MINUTES OF AN EXECUTIVE SESSION AND ANY RECORD 22 OF DISCUSSIONS HELD IN EXECUTIVE SESSION. 23 (22) (I) THE CONTENTS OF REAL ESTATE APPRAISALS, 24 ENGINEERING OR FEASIBILITY ESTIMATES, ENVIRONMENTAL 25 REVIEWS, AUDITS OR EVALUATIONS MADE FOR OR BY AN AGENCY 26 RELATIVE TO THE FOLLOWING: 27 (A) THE LEASING, ACQUIRING OR DISPOSING OF REAL 28 PROPERTY OR AN INTEREST IN REAL PROPERTY. 29 (B) THE PURCHASE OF PUBLIC SUPPLIES OR EQUIPMENT 30 INCLUDED IN THE REAL ESTATE TRANSACTION. 20070S0001B1726 - 82 -
1 (C) CONSTRUCTION PROJECTS. 2 (II) THIS PARAGRAPH SHALL NOT APPLY ONCE THE 3 DECISION IS MADE TO PROCEED WITH THE LEASE, ACQUISITION 4 OR DISPOSAL OF REAL PROPERTY OR AN INTEREST IN REAL 5 PROPERTY OR THE PURCHASE OF PUBLIC SUPPLY OR CONSTRUCTION 6 PROJECT. 7 (23) LIBRARY AND ARCHIVE CIRCULATION AND ORDER RECORDS 8 OF AN IDENTIFIABLE INDIVIDUAL OR GROUPS OF INDIVIDUALS. 9 (24) LIBRARY ARCHIVED AND MUSEUM MATERIALS, OR VALUABLE 10 OR RARE BOOK COLLECTIONS OR DOCUMENTS CONTRIBUTED BY GIFT, 11 GRANT, BEQUEST OR DEVISE, TO THE EXTENT OF ANY LIMITATIONS 12 IMPOSED BY THE DONOR AS A CONDITION OF THE CONTRIBUTION. 13 (25) A RECORD IDENTIFYING THE LOCATION OF AN 14 ARCHEOLOGICAL SITE OR AN ENDANGERED OR THREATENED PLANT OR 15 ANIMAL SPECIES IF NOT ALREADY KNOWN TO THE GENERAL PUBLIC. 16 (26) A PROPOSAL PERTAINING TO AGENCY PROCUREMENT OR 17 DISPOSAL OF SUPPLIES, SERVICES OR CONSTRUCTION PRIOR TO THE 18 AWARD OF THE CONTRACT OR PRIOR TO THE OPENING AND REJECTION 19 OF ALL BIDS; FINANCIAL INFORMATION OF A BIDDER OR OFFEROR 20 REQUESTED IN AN INVITATION FOR BID OR REQUEST FOR PROPOSALS 21 TO DEMONSTRATE THE BIDDER'S OR OFFEROR'S ECONOMIC CAPABILITY; 22 OR THE IDENTITY OF MEMBERS, NOTES AND OTHER RECORDS OF AGENCY 23 PROPOSAL EVALUATION COMMITTEES ESTABLISHED UNDER 62 PA.C.S. § 24 513 (RELATING TO COMPETITIVE SEALED PROPOSALS). 25 (27) A RECORD OR INFORMATION RELATING TO A COMMUNICATION 26 BETWEEN AN AGENCY AND ITS INSURANCE CARRIER, ADMINISTRATIVE 27 SERVICE ORGANIZATION OR RISK MANAGEMENT OFFICE. THIS 28 PARAGRAPH SHALL NOT APPLY TO A CONTRACT WITH AN INSURANCE 29 CARRIER, ADMINISTRATIVE SERVICE ORGANIZATION OR RISK 30 MANAGEMENT OFFICE OR TO FINANCIAL RECORDS RELATING TO THE 20070S0001B1726 - 83 -
1 PROVISION OF INSURANCE. 2 (28) A RECORD OR INFORMATION: 3 (I) IDENTIFYING AN INDIVIDUAL WHO APPLIES FOR OR 4 RECEIVES SOCIAL SERVICES; OR 5 (II) RELATING TO THE FOLLOWING: 6 (A) THE TYPE OF SOCIAL SERVICES RECEIVED BY AN 7 INDIVIDUAL; 8 (B) AN INDIVIDUAL'S APPLICATION TO RECEIVE 9 SOCIAL SERVICES, INCLUDING A RECORD OR INFORMATION 10 RELATED TO AN AGENCY DECISION TO GRANT, DENY, REDUCE 11 OR RESTRICT BENEFITS, INCLUDING A QUASI-JUDICIAL 12 DECISION OF THE AGENCY AND THE IDENTITY OF A 13 CAREGIVER OR OTHERS WHO PROVIDE SERVICES TO THE 14 INDIVIDUAL; OR 15 (C) ELIGIBILITY TO RECEIVE SOCIAL SERVICES, 16 INCLUDING THE INDIVIDUAL'S INCOME, ASSETS, PHYSICAL 17 OR MENTAL HEALTH, AGE, DISABILITY, FAMILY 18 CIRCUMSTANCES OR RECORD OF ABUSE. 19 (29) CORRESPONDENCE BETWEEN A PERSON AND A MEMBER OF THE 20 GENERAL ASSEMBLY AND RECORDS ACCOMPANYING THE CORRESPONDENCE 21 WHICH WOULD IDENTIFY A PERSON THAT REQUESTS ASSISTANCE OR 22 CONSTITUENT SERVICES. THIS PARAGRAPH SHALL NOT APPLY TO 23 CORRESPONDENCE BETWEEN A MEMBER OF THE GENERAL ASSEMBLY AND A 24 PRINCIPAL OR LOBBYIST UNDER 65 PA.C.S. CH. 13A (RELATING TO 25 LOBBYIST DISCLOSURE). 26 (C) FINANCIAL RECORDS.--THE EXCEPTIONS SET FORTH IN 27 SUBSECTION (B) SHALL NOT APPLY TO FINANCIAL RECORDS, EXCEPT FOR 28 FINANCIAL RECORDS PROTECTED UNDER SUBSECTION (B)(1), (2), (3), 29 (4) OR (5) OR PERSONAL FINANCIAL INFORMATION. AN AGENCY SHALL 30 REDACT THAT PORTION OF A FINANCIAL RECORD WHICH WOULD DISCLOSE 20070S0001B1726 - 84 -
1 INFORMATION PROTECTED UNDER SUBSECTION (B)(6). AN AGENCY SHALL 2 NOT DISCLOSE THE IDENTITY OF AN INDIVIDUAL PERFORMING AN 3 UNDERCOVER OR COVERT LAW ENFORCEMENT ACTIVITY OR OTHER 4 NONFINANCIAL INFORMATION PROTECTED UNDER SUBSECTION (B)(16) OR 5 (17). 6 (D) AGGREGATED DATA.--THE EXCEPTIONS SET FORTH IN SUBSECTION 7 (B) SHALL NOT APPLY TO AGGREGATED DATA MAINTAINED OR RECEIVED BY 8 AN AGENCY, EXCEPT FOR DATA PROTECTED UNDER SUBSECTION (B)(1), 9 (2), (3), (4) OR (5). 10 CHAPTER 9 11 AGENCY RESPONSE 12 SECTION 901. GENERAL RULE. 13 UPON RECEIPT OF A WRITTEN REQUEST FOR ACCESS TO A RECORD, AN 14 AGENCY SHALL MAKE A GOOD FAITH EFFORT TO DETERMINE IF THE RECORD 15 REQUESTED IS A PUBLIC RECORD, LEGISLATIVE RECORD OR FINANCIAL 16 RECORD AND WHETHER THE AGENCY HAS POSSESSION, CUSTODY OR CONTROL 17 OF THE IDENTIFIED RECORD, AND TO RESPOND AS PROMPTLY AS POSSIBLE 18 UNDER THE CIRCUMSTANCES EXISTING AT THE TIME OF THE REQUEST. ALL 19 APPLICABLE FEES SHALL BE PAID IN ORDER TO RECEIVE ACCESS TO THE 20 RECORD REQUESTED. THE TIME FOR RESPONSE SHALL NOT EXCEED FIVE 21 BUSINESS DAYS FROM THE DATE THE WRITTEN REQUEST IS RECEIVED BY 22 THE OPEN-RECORDS OFFICER FOR AN AGENCY. IF THE AGENCY FAILS TO 23 SEND THE RESPONSE WITHIN FIVE BUSINESS DAYS OF RECEIPT OF THE 24 WRITTEN REQUEST FOR ACCESS, THE WRITTEN REQUEST FOR ACCESS SHALL 25 BE DEEMED DENIED. 26 SECTION 902. EXTENSION OF TIME. 27 (A) DETERMINATION.--UPON RECEIPT OF A WRITTEN REQUEST FOR 28 ACCESS, THE OPEN-RECORDS OFFICER FOR AN AGENCY SHALL DETERMINE 29 IF ONE OF THE FOLLOWING APPLIES: 30 (1) THE REQUEST FOR ACCESS REQUIRES REDACTION OF A 20070S0001B1726 - 85 -
1 RECORD IN ACCORDANCE WITH SECTION 706;
2 (2) THE REQUEST FOR ACCESS REQUIRES THE RETRIEVAL OF A
3 RECORD STORED IN A REMOTE LOCATION;
4 (3) A TIMELY RESPONSE TO THE REQUEST FOR ACCESS CANNOT
5 BE ACCOMPLISHED DUE TO BONA FIDE AND SPECIFIED STAFFING
6 LIMITATIONS;
7 (4) A LEGAL REVIEW IS NECESSARY TO DETERMINE WHETHER THE
8 RECORD IS A RECORD SUBJECT TO ACCESS UNDER THIS ACT;
9 (5) THE REQUESTER HAS NOT COMPLIED WITH THE COMMONWEALTH <--
10 AGENCY'S POLICIES REGARDING ACCESS TO RECORDS;
11 (6) THE REQUESTER REFUSES TO PAY APPLICABLE FEES
12 AUTHORIZED BY THIS ACT; OR
13 (7) THE EXTENT OR NATURE OF THE REQUEST PRECLUDES A
14 RESPONSE WITHIN THE REQUIRED TIME PERIOD.
15 (B) NOTICE.--
16 (1) UPON A DETERMINATION THAT ONE OF THE FACTORS LISTED
17 IN SUBSECTION (A) APPLIES, THE OPEN-RECORDS OFFICER SHALL
18 SEND WRITTEN NOTICE TO THE REQUESTER WITHIN FIVE BUSINESS
19 DAYS OF RECEIPT OF THE REQUEST FOR ACCESS UNDER SUBSECTION
20 (A).
21 (2) THE NOTICE SHALL INCLUDE A STATEMENT NOTIFYING THE
22 REQUESTER THAT THE REQUEST FOR ACCESS IS BEING REVIEWED, THE
23 REASON FOR THE REVIEW, A REASONABLE DATE THAT A RESPONSE IS
24 EXPECTED TO BE PROVIDED AND AN ESTIMATE OF APPLICABLE FEES
25 OWED WHEN THE RECORD BECOMES AVAILABLE. IF THE DATE THAT A
26 RESPONSE IS EXPECTED TO BE PROVIDED IS IN EXCESS OF 30 DAYS,
27 FOLLOWING THE FIVE BUSINESS DAYS ALLOWED FOR IN SECTION 901,
28 THE REQUEST FOR ACCESS SHALL BE DEEMED DENIED UNLESS THE
29 REQUESTER HAS AGREED IN WRITING TO AN EXTENSION TO THE DATE
30 SPECIFIED IN THE NOTICE.
20070S0001B1726 - 86 -
1 (3) IF THE REQUESTER AGREES TO THE EXTENSION, THE 2 REQUEST SHALL BE DEEMED DENIED ON THE DAY FOLLOWING THE DATE 3 SPECIFIED IN THE NOTICE IF THE AGENCY HAS NOT PROVIDED A 4 RESPONSE BY THAT DATE. 5 SECTION 903. DENIAL. 6 IF AN AGENCY'S RESPONSE IS A DENIAL OF A WRITTEN REQUEST FOR 7 ACCESS, WHETHER IN WHOLE OR IN PART, THE DENIAL SHALL BE ISSUED 8 IN WRITING AND SHALL INCLUDE: 9 (1) A DESCRIPTION OF THE RECORD REQUESTED. 10 (2) THE SPECIFIC REASONS FOR THE DENIAL, INCLUDING A 11 CITATION OF SUPPORTING LEGAL AUTHORITY. 12 (3) THE TYPED OR PRINTED NAME, TITLE, BUSINESS ADDRESS, 13 BUSINESS TELEPHONE NUMBER AND SIGNATURE OF THE OPEN-RECORDS 14 OFFICER ON WHOSE AUTHORITY THE DENIAL IS ISSUED. 15 (4) DATE OF THE RESPONSE. 16 (5) THE PROCEDURE TO APPEAL THE DENIAL OF ACCESS UNDER 17 THIS ACT. 18 SECTION 904. CERTIFIED COPIES. 19 IF AN AGENCY'S RESPONSE GRANTS A REQUEST FOR ACCESS, THE 20 AGENCY SHALL, UPON REQUEST, PROVIDE THE REQUESTER WITH A 21 CERTIFIED COPY OF THE RECORD IF THE REQUESTER PAYS THE 22 APPLICABLE FEES UNDER SECTION 1307. 23 SECTION 905. RECORD DISCARD. 24 IF AN AGENCY RESPONSE TO A REQUESTER STATES THAT COPIES OF 25 THE REQUESTED RECORDS ARE AVAILABLE FOR DELIVERY AT THE OFFICE 26 OF AN AGENCY AND THE REQUESTER FAILS TO RETRIEVE THE RECORDS 27 WITHIN 60 DAYS OF THE AGENCY'S RESPONSE, THE AGENCY MAY DISPOSE 28 OF ANY COPIES WHICH HAVE NOT BEEN RETRIEVED AND RETAIN ANY FEES 29 PAID TO DATE. 30 CHAPTER 11 20070S0001B1726 - 87 -
1 APPEAL OF AGENCY DETERMINATION
2 SECTION 1101. FILING OF APPEAL.
3 (A) AUTHORIZATION.--
4 (1) IF A WRITTEN REQUEST FOR ACCESS TO A RECORD IS
5 DENIED OR DEEMED DENIED, THE REQUESTER MAY FILE AN APPEAL
6 WITH THE OFFICE OF OPEN RECORDS OR JUDICIAL, LEGISLATIVE OR
7 OTHER APPEALS OFFICER DESIGNATED UNDER SECTION 503(D) WITHIN
8 15 BUSINESS DAYS OF THE MAILING DATE OF THE AGENCY'S RESPONSE
9 OR WITHIN 15 BUSINESS DAYS OF A DEEMED DENIAL. THE APPEAL
10 SHALL STATE THE GROUNDS UPON WHICH THE REQUESTER ASSERTS THAT
11 THE RECORD IS A PUBLIC RECORD, LEGISLATIVE RECORD OR
12 FINANCIAL RECORD AND SHALL ADDRESS ANY GROUNDS STATED BY THE
13 AGENCY FOR DELAYING OR DENYING THE REQUEST.
14 (2) IN EXCEPT AS PROVIDED IN SECTION 503(D), IN THE CASE <--
15 OF AN APPEAL OF A DECISION BY A COMMONWEALTH AGENCY OR LOCAL
16 AGENCY, THE OFFICE OF OPEN RECORDS SHALL ASSIGN AN APPEALS
17 OFFICER TO REVIEW THE DENIAL.
18 (B) DETERMINATION.--
19 (1) UNLESS THE REQUESTER AGREES OTHERWISE, THE APPEALS
20 OFFICER SHALL MAKE A FINAL DETERMINATION WHICH SHALL BE
21 MAILED TO THE REQUESTER AND THE AGENCY WITHIN 30 DAYS OF
22 RECEIPT OF THE APPEAL FILED UNDER SUBSECTION (A).
23 (2) IF THE APPEALS OFFICER FAILS TO ISSUE A FINAL
24 DETERMINATION WITHIN 30 DAYS, THE APPEAL IS DEEMED DENIED.
25 (3) PRIOR TO ISSUING A FINAL DETERMINATION, A HEARING
26 MAY BE CONDUCTED. THE DETERMINATION BY THE APPEALS OFFICER
27 SHALL BE A FINAL ORDER. THE APPEALS OFFICER SHALL PROVIDE A
28 WRITTEN EXPLANATION OF THE REASON FOR THE DECISION TO THE
29 REQUESTER AND THE AGENCY.
30 (C) DIRECT INTEREST.--
20070S0001B1726 - 88 -
1 (1) A PERSON OTHER THAN THE AGENCY OR REQUESTER WITH A 2 DIRECT INTEREST IN THE RECORD SUBJECT TO AN APPEAL UNDER THIS 3 SECTION MAY, WITHIN 15 DAYS FOLLOWING RECEIPT OF ACTUAL 4 KNOWLEDGE OF THE APPEAL BUT NO LATER THAN THE DATE THE 5 APPEALS OFFICER ISSUES AN ORDER, FILE A WRITTEN REQUEST TO 6 PROVIDE INFORMATION OR TO APPEAR BEFORE THE APPEALS OFFICER 7 OR TO FILE INFORMATION IN SUPPORT OF THE REQUESTER'S OR 8 AGENCY'S POSITION. 9 (2) THE APPEALS OFFICER MAY GRANT A REQUEST UNDER 10 PARAGRAPH (1) IF: 11 (I) NO HEARING HAS BEEN HELD; 12 (II) THE APPEALS OFFICER HAS NOT YET ISSUED ITS 13 ORDER; AND 14 (III) THE APPEALS OFFICER BELIEVES THE INFORMATION 15 WILL BE PROBATIVE. 16 (3) COPIES OF THE WRITTEN REQUEST SHALL BE SENT TO THE 17 AGENCY AND THE REQUESTER. 18 SECTION 1102. APPEALS OFFICERS. 19 (A) DUTIES.--AN APPEALS OFFICER DESIGNATED UNDER SECTION 503 20 SHALL DO ALL OF THE FOLLOWING: 21 (1) SET A SCHEDULE FOR THE REQUESTER AND THE OPEN- 22 RECORDS OFFICER TO SUBMIT DOCUMENTS IN SUPPORT OF THEIR 23 POSITIONS. 24 (2) REVIEW ALL INFORMATION FILED RELATING TO THE 25 REQUEST. THE APPEALS OFFICER MAY HOLD A HEARING. A DECISION 26 TO HOLD OR NOT TO HOLD A HEARING IS NOT APPEALABLE. THE 27 APPEALS OFFICER MAY ADMIT INTO EVIDENCE TESTIMONY, EVIDENCE 28 AND DOCUMENTS THAT THE APPEALS OFFICER BELIEVES TO BE 29 REASONABLY PROBATIVE AND RELEVANT TO AN ISSUE IN DISPUTE. THE 30 APPEALS OFFICER MAY LIMIT THE NATURE AND EXTENT OF EVIDENCE 20070S0001B1726 - 89 -
1 FOUND TO BE CUMULATIVE.
2 (3) CONSULT WITH AGENCY COUNSEL AS APPROPRIATE.
3 (4) ISSUE A FINAL DETERMINATION ON BEHALF OF THE OFFICE
4 OF OPEN RECORDS OR OTHER AGENCY.
5 (B) PROCEDURES.--THE OFFICE OF OPEN RECORDS, A JUDICIAL
6 AGENCY, A LEGISLATIVE AGENCY, THE ATTORNEY GENERAL, AUDITOR
7 GENERAL, STATE TREASURER OR DISTRICT ATTORNEY MAY ADOPT
8 PROCEDURES RELATING TO APPEALS UNDER THIS CHAPTER.
9 (1) IF AN APPEAL IS RESOLVED WITHOUT A HEARING, 1 PA.
10 CODE PT. II (RELATING TO GENERAL RULES OF ADMINISTRATIVE
11 PRACTICE AND PROCEDURE) DOES NOT APPLY EXCEPT TO THE EXTENT
12 THAT THE AGENCY HAS ADOPTED THESE CHAPTERS IN ITS REGULATIONS
13 OR RULES UNDER THIS SUBSECTION.
14 (2) IF A HEARING IS HELD, 1 PA. CODE PT. II SHALL APPLY
15 UNLESS THE AGENCY OR THE LEGISLATIVE AGENCY HAS ADOPTED <--
16 REGULATIONS, POLICIES OR PROCEDURES TO THE CONTRARY UNDER
17 THIS SUBSECTION.
18 (3) IN THE ABSENCE OF A REGULATION, POLICY OR PROCEDURE
19 GOVERNING APPEALS UNDER THIS CHAPTER, THE APPEALS OFFICER
20 SHALL RULE ON PROCEDURAL MATTERS ON THE BASIS OF JUSTICE,
21 FAIRNESS AND THE EXPEDITIOUS RESOLUTION OF THE DISPUTE.
22 CHAPTER 13
23 JUDICIAL REVIEW
24 SECTION 1301. COMMONWEALTH AGENCIES, LEGISLATIVE AGENCIES AND
25 JUDICIAL AGENCIES.
26 (A) GENERAL RULE.--WITHIN 30 DAYS OF THE MAILING DATE OF THE
27 FINAL DETERMINATION OF THE APPEALS OFFICER RELATING TO A
28 DECISION OF A COMMONWEALTH AGENCY, A LEGISLATIVE AGENCY OR A
29 JUDICIAL AGENCY ISSUED UNDER SECTION 1101(B) OR THE DATE A
30 REQUEST FOR ACCESS IS DEEMED DENIED, A REQUESTER OR THE AGENCY
20070S0001B1726 - 90 -
1 MAY FILE A PETITION FOR REVIEW OR OTHER DOCUMENT AS MIGHT BE 2 REQUIRED BY RULE OF COURT WITH THE COMMONWEALTH COURT. THE 3 DECISION OF THE COURT SHALL CONTAIN FINDINGS OF FACT AND 4 CONCLUSIONS OF LAW BASED UPON THE EVIDENCE AS A WHOLE. THE 5 DECISION SHALL CLEARLY AND CONCISELY EXPLAIN THE RATIONALE FOR 6 THE DECISION. 7 (B) STAY.--A PETITION FOR REVIEW UNDER THIS SECTION SHALL 8 STAY THE RELEASE OF DOCUMENTS UNTIL A DECISION UNDER SUBSECTION 9 (A) IS ISSUED. 10 SECTION 1302. LOCAL AGENCIES. 11 (A) GENERAL RULE.--WITHIN 30 DAYS OF THE MAILING DATE OF THE 12 FINAL DETERMINATION OF THE APPEALS OFFICER RELATING TO A 13 DECISION OF A LOCAL AGENCY ISSUED UNDER SECTION 1101(B) OR OF 14 THE DATE A REQUEST FOR ACCESS IS DEEMED DENIED, A REQUESTER OR 15 LOCAL AGENCY MAY FILE A PETITION FOR REVIEW OR OTHER DOCUMENT AS 16 REQUIRED BY RULE OF COURT WITH THE COURT OF COMMON PLEAS FOR THE 17 COUNTY WHERE THE LOCAL AGENCY IS LOCATED. THE DECISION OF THE 18 COURT SHALL CONTAIN FINDINGS OF FACT AND CONCLUSIONS OF LAW 19 BASED UPON THE EVIDENCE AS A WHOLE. THE DECISION SHALL CLEARLY 20 AND CONCISELY EXPLAIN THE RATIONALE FOR THE DECISION. 21 (B) STAY.--A PETITION FOR REVIEW UNDER THIS SECTION SHALL 22 STAY THE RELEASE OF DOCUMENTS UNTIL A DECISION UNDER SUBSECTION 23 (A) IS ISSUED. 24 SECTION 1303. NOTICE AND RECORDS. 25 (A) NOTICE.--AN AGENCY, THE REQUESTER AND THE OFFICE OF OPEN 26 RECORDS OR DESIGNATED APPEALS OFFICER SHALL BE SERVED NOTICE OF 27 ACTIONS COMMENCED IN ACCORDANCE WITH SECTION 1301 OR 1302 AND 28 SHALL HAVE AN OPPORTUNITY TO RESPOND IN ACCORDANCE WITH 29 APPLICABLE COURT RULES. 30 (B) RECORD ON APPEAL.--THE RECORD BEFORE A COURT SHALL 20070S0001B1726 - 91 -
1 CONSIST OF THE REQUEST, THE AGENCY'S RESPONSE, THE APPEAL FILED 2 UNDER SECTION 1101, THE HEARING TRANSCRIPT, IF ANY, AND THE 3 FINAL WRITTEN DETERMINATION OF THE APPEALS OFFICER. 4 SECTION 1304. COURT COSTS AND ATTORNEY FEES. 5 (A) REVERSAL OF AGENCY DETERMINATION.--IF A COURT REVERSES 6 THE FINAL DETERMINATION OF THE APPEALS OFFICER OR GRANTS ACCESS 7 TO A RECORD AFTER A REQUEST FOR ACCESS WAS DEEMED DENIED, THE 8 COURT MAY AWARD REASONABLE ATTORNEY FEES AND COSTS OF LITIGATION 9 OR AN APPROPRIATE PORTION THEREOF TO A REQUESTER IF THE COURT 10 FINDS EITHER OF THE FOLLOWING: 11 (1) THE AGENCY RECEIVING THE ORIGINAL REQUEST WILLFULLY 12 OR WITH WANTON DISREGARD DEPRIVED THE REQUESTER OF ACCESS TO 13 A PUBLIC RECORD SUBJECT TO ACCESS OR OTHERWISE ACTED IN BAD 14 FAITH UNDER THE PROVISIONS OF THIS ACT; OR 15 (2) THE EXEMPTIONS, EXCLUSIONS OR DEFENSES ASSERTED BY 16 THE AGENCY IN ITS FINAL DETERMINATION WERE NOT BASED ON A 17 REASONABLE INTERPRETATION OF LAW. 18 (B) SANCTIONS FOR FRIVOLOUS REQUESTS OR APPEALS.--THE COURT 19 MAY AWARD REASONABLE ATTORNEY FEES AND COSTS OF LITIGATION OR AN 20 APPROPRIATE PORTION THEREOF TO AN AGENCY OR THE REQUESTER IF THE 21 COURT FINDS THAT THE LEGAL CHALLENGE UNDER THIS CHAPTER WAS 22 FRIVOLOUS. 23 (C) OTHER SANCTIONS.--NOTHING IN THIS ACT SHALL PROHIBIT A 24 COURT FROM IMPOSING PENALTIES AND COSTS IN ACCORDANCE WITH 25 APPLICABLE RULES OF COURT. 26 SECTION 1305. CIVIL PENALTY. 27 (A) DENIAL OF ACCESS.--A COURT MAY IMPOSE A CIVIL PENALTY OF 28 NOT MORE THAN $1,500 IF AN AGENCY DENIED ACCESS TO A PUBLIC 29 RECORD IN BAD FAITH. 30 (B) FAILURE TO COMPLY WITH COURT ORDER.--AN AGENCY OR PUBLIC 20070S0001B1726 - 92 -
1 OFFICIAL WHO DOES NOT PROMPTLY COMPLY WITH A COURT ORDER UNDER 2 THIS ACT IS SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN $500 PER 3 DAY UNTIL THE PUBLIC RECORDS ARE PROVIDED. 4 SECTION 1306. IMMUNITY. 5 (A) GENERAL RULE.--EXCEPT AS PROVIDED IN SECTIONS 1304 AND 6 1305 AND OTHER STATUTES GOVERNING THE RELEASE OF RECORDS, NO 7 AGENCY, PUBLIC OFFICIAL OR PUBLIC EMPLOYEE SHALL BE LIABLE FOR 8 CIVIL PENALTIES RESULTING FROM COMPLIANCE OR FAILURE TO COMPLY 9 WITH THIS ACT. 10 (B) SCHEDULES.--NO AGENCY, PUBLIC OFFICIAL OR PUBLIC 11 EMPLOYEE SHALL BE LIABLE FOR CIVIL OR CRIMINAL DAMAGES OR 12 PENALTIES UNDER THIS ACT FOR COMPLYING WITH ANY WRITTEN PUBLIC 13 RECORD RETENTION AND DISPOSITION SCHEDULE. 14 SECTION 1307. FEE LIMITATIONS. 15 (A) POSTAGE.--FEES FOR POSTAGE MAY NOT EXCEED THE ACTUAL 16 COST OF MAILING. 17 (B) DUPLICATION.-- 18 (1) FEES FOR DUPLICATION BY PHOTOCOPYING, PRINTING FROM 19 ELECTRONIC MEDIA OR MICROFILM, COPYING ONTO ELECTRONIC MEDIA, 20 TRANSMISSION BY FACSIMILE OR OTHER ELECTRONIC MEANS AND OTHER 21 MEANS OF DUPLICATION SHALL BE ESTABLISHED: 22 (I) BY THE OFFICE OF OPEN RECORDS, FOR COMMONWEALTH 23 AGENCIES AND LOCAL AGENCIES; 24 (II) BY EACH JUDICIAL AGENCY; AND 25 (III) BY EACH LEGISLATIVE AGENCY. 26 (2) THE FEES MUST BE REASONABLE AND BASED ON PREVAILING 27 FEES FOR COMPARABLE DUPLICATION SERVICES PROVIDED BY LOCAL 28 BUSINESS ENTITIES. 29 (3) FEES FOR LOCAL AGENCIES MAY REFLECT REGIONAL PRICE 30 DIFFERENCES. 20070S0001B1726 - 93 -
1 (4) THE FOLLOWING APPLY TO COMPLEX AND EXTENSIVE DATA 2 SETS, INCLUDING GEOGRAPHIC INFORMATION SYSTEMS OR INTEGRATED 3 PROPERTY ASSESSMENT LISTS. 4 (I) FEES FOR COPYING MAY BE BASED ON THE REASONABLE 5 MARKET VALUE OF THE SAME OR CLOSELY RELATED DATA SETS. 6 (II) SUBPARAGRAPH (I) SHALL NOT APPLY TO: 7 (A) A REQUEST BY AN INDIVIDUAL EMPLOYED BY A 8 NEWSPAPER OR MAGAZINE OF GENERAL CIRCULATION, WEEKLY 9 NEWSPAPER, PRESS ASSOCIATION OR RADIO OR TELEVISION 10 STATION, FOR THE PURPOSE OF OBTAINING INFORMATION FOR 11 PUBLICATION OR BROADCAST; OR 12 (B) A REQUEST BY A NONPROFIT ORGANIZATION FOR 13 THE CONDUCT OF EDUCATIONAL RESEARCH. 14 (III) INFORMATION OBTAINED UNDER SUBPARAGRAPH (II) 15 SHALL BE SUBJECT TO PARAGRAPHS (1), (2) AND (3). 16 (IV) INFORMATION OBTAINED UNDER THIS PARAGRAPH SHALL 17 NOT BE SOLD OR OTHERWISE PROVIDED TO ANOTHER PERSON FOR 18 COMMERCIAL PURPOSES. 19 (C) CERTIFICATION.--AN AGENCY MAY IMPOSE REASONABLE FEES FOR 20 OFFICIAL CERTIFICATION OF COPIES IF THE CERTIFICATION IS AT THE 21 BEHEST OF THE REQUESTER AND FOR THE PURPOSE OF LEGALLY VERIFYING 22 THE PUBLIC RECORD. 23 (D) CONVERSION TO PAPER.--IF A RECORD IS ONLY MAINTAINED 24 ELECTRONICALLY OR IN OTHER NONPAPER MEDIA, DUPLICATION FEES 25 SHALL BE LIMITED TO THE LESSER OF THE FEE FOR DUPLICATION ON 26 PAPER OR THE FEE FOR DUPLICATION IN THE ORIGINAL MEDIA AS 27 PROVIDED BY SUBSECTION (B) UNLESS THE REQUESTER SPECIFICALLY 28 REQUESTS FOR THE RECORD TO BE DUPLICATED IN THE MORE EXPENSIVE 29 MEDIUM. 30 (E) ENHANCED ELECTRONIC ACCESS.--IF AN AGENCY OFFERS 20070S0001B1726 - 94 -
1 ENHANCED ELECTRONIC ACCESS TO RECORDS IN ADDITION TO MAKING THE 2 RECORDS ACCESSIBLE FOR INSPECTION AND DUPLICATION BY A REQUESTER 3 AS REQUIRED BY THIS ACT, THE AGENCY MAY ESTABLISH USER FEES 4 SPECIFICALLY FOR THE PROVISION OF THE ENHANCED ELECTRONIC 5 ACCESS, BUT ONLY TO THE EXTENT THAT THE ENHANCED ELECTRONIC 6 ACCESS IS IN ADDITION TO MAKING THE RECORDS ACCESSIBLE FOR 7 INSPECTION AND DUPLICATION BY A REQUESTER AS REQUIRED BY THIS 8 ACT. THE USER FEES FOR ENHANCED ELECTRONIC ACCESS MAY BE A FLAT 9 RATE, A SUBSCRIPTION FEE FOR A PERIOD OF TIME, A PER-TRANSACTION 10 FEE, A FEE BASED ON THE CUMULATIVE TIME OF SYSTEM ACCESS OR ANY 11 OTHER REASONABLE METHOD AND ANY COMBINATION THEREOF. THE USER 12 FEES FOR ENHANCED ELECTRONIC ACCESS MUST BE REASONABLE, MUST BE 13 APPROVED BY THE OFFICE OF OPEN RECORDS AND MAY NOT BE 14 ESTABLISHED WITH THE INTENT OR EFFECT OF EXCLUDING PERSONS FROM 15 ACCESS TO RECORDS OR DUPLICATES THEREOF OR OF CREATING PROFIT 16 FOR THE AGENCY. 17 (F) WAIVER OF FEES.--AN AGENCY MAY WAIVE THE FEES FOR 18 DUPLICATION OF A RECORD, INCLUDING, BUT NOT LIMITED TO, WHEN: 19 (1) THE REQUESTER DUPLICATES THE RECORD; OR 20 (2) THE AGENCY DEEMS IT IS IN THE PUBLIC INTEREST TO DO 21 SO. 22 (G) LIMITATIONS.--EXCEPT AS OTHERWISE PROVIDED BY STATUTE, 23 NO OTHER FEES MAY BE IMPOSED UNLESS THE AGENCY NECESSARILY 24 INCURS COSTS FOR COMPLYING WITH THE REQUEST, AND SUCH FEES MUST 25 BE REASONABLE. NO FEE MAY BE IMPOSED FOR AN AGENCY'S REVIEW OF A 26 RECORD TO DETERMINE WHETHER THE RECORD IS A PUBLIC RECORD, 27 LEGISLATIVE RECORD OR FINANCIAL RECORD SUBJECT TO ACCESS IN 28 ACCORDANCE WITH THIS ACT. 29 (H) PREPAYMENT.--PRIOR TO GRANTING A REQUEST FOR ACCESS IN 30 ACCORDANCE WITH THIS ACT, AN AGENCY MAY REQUIRE A REQUESTER TO 20070S0001B1726 - 95 -
1 PREPAY AN ESTIMATE OF THE FEES AUTHORIZED UNDER THIS SECTION IF 2 THE FEES REQUIRED TO FULFILL THE REQUEST ARE EXPECTED TO EXCEED 3 $100. 4 SECTION 1308. PROHIBITION. 5 A POLICY OR REGULATION ADOPTED UNDER THIS ACT MAY NOT INCLUDE 6 ANY OF THE FOLLOWING: 7 (1) A LIMITATION ON THE NUMBER OF RECORDS WHICH MAY BE 8 REQUESTED OR MADE AVAILABLE FOR INSPECTION OR DUPLICATION. 9 (2) A REQUIREMENT TO DISCLOSE THE PURPOSE OR MOTIVE IN 10 REQUESTING ACCESS TO RECORDS. , EXCEPT WHEN THE REQUEST IS <-- 11 FOR A DATE OF BIRTH. 12 SECTION 1309. PRACTICE AND PROCEDURE. 13 THE PROVISIONS OF 2 PA.C.S. (RELATING TO ADMINISTRATIVE LAW 14 AND PROCEDURE) SHALL NOT APPLY TO THIS ACT UNLESS SPECIFICALLY 15 ADOPTED BY REGULATION OR POLICY. 16 SECTION 1310. OFFICE OF OPEN RECORDS. 17 (A) ESTABLISHMENT.--THERE IS ESTABLISHED IN THE DEPARTMENT 18 OF COMMUNITY AND ECONOMIC DEVELOPMENT AN OFFICE OF OPEN RECORDS. 19 THE OFFICE SHALL DO ALL OF THE FOLLOWING: 20 (1) PROVIDE INFORMATION RELATING TO THE IMPLEMENTATION 21 AND ENFORCEMENT OF THIS ACT. 22 (2) ISSUE ADVISORY OPINIONS TO AGENCIES AND REQUESTERS. 23 (3) PROVIDE ANNUAL TRAINING COURSES TO AGENCIES, PUBLIC 24 OFFICIALS AND PUBLIC EMPLOYEES ON THIS ACT AND 65 PA.C.S. CH. 25 7 (RELATING TO OPEN MEETINGS). 26 (4) PROVIDE ANNUAL, REGIONAL TRAINING COURSES TO LOCAL 27 AGENCIES, PUBLIC OFFICIALS AND PUBLIC EMPLOYEES. 28 (5) ASSIGN APPEALS OFFICERS TO REVIEW APPEALS OF 29 DECISIONS BY COMMONWEALTH AGENCIES OR LOCAL AGENCIES, EXCEPT 30 AS PROVIDED IN SECTION 503(D), FILED UNDER SECTION 1101 AND 20070S0001B1726 - 96 -
1 ISSUE ORDERS AND OPINIONS. THE OFFICE SHALL EMPLOY OR 2 CONTRACT WITH ATTORNEYS TO SERVE AS APPEALS OFFICERS TO 3 REVIEW APPEALS AND, IF NECESSARY, TO HOLD HEARINGS ON A 4 REGIONAL BASIS UNDER THIS ACT. EACH APPEALS OFFICER MUST 5 COMPLY WITH ALL OF THE FOLLOWING: 6 (I) COMPLETE A TRAINING COURSE PROVIDED BY THE 7 OFFICE OF OPEN RECORDS PRIOR TO ACTING AS AN APPEALS 8 OFFICER. 9 (II) IF A HEARING IS NECESSARY, HOLD HEARINGS 10 REGIONALLY AS NECESSARY TO ENSURE ACCESS TO THE REMEDIES 11 PROVIDED BY THIS ACT. 12 (III) COMPLY WITH THE PROCEDURES UNDER SECTION 13 1102(B). 14 (6) ESTABLISH AN INFORMAL MEDIATION PROGRAM TO RESOLVE 15 DISPUTES UNDER THIS ACT. 16 (7) ESTABLISH AN INTERNET WEBSITE WITH INFORMATION 17 RELATING TO THIS ACT, INCLUDING INFORMATION ON FEES, ADVISORY 18 OPINIONS AND DECISIONS AND THE NAME AND ADDRESS OF ALL OPEN 19 RECORDS OFFICERS IN THIS COMMONWEALTH. 20 (8) CONDUCT A BIANNUAL REVIEW OF FEES CHARGED UNDER THIS 21 ACT. 22 (9) ANNUALLY REPORT ON ITS ACTIVITIES AND FINDINGS TO 23 THE GOVERNOR AND THE GENERAL ASSEMBLY. THE REPORT SHALL BE 24 POSTED AND MAINTAINED ON THE INTERNET WEBSITE ESTABLISHED 25 UNDER PARAGRAPH (7). 26 (B) EXECUTIVE DIRECTOR.--WITHIN 90 DAYS OF THE EFFECTIVE 27 DATE OF THIS SECTION, THE GOVERNOR SHALL APPOINT AN EXECUTIVE 28 DIRECTOR OF THE OFFICE WHO SHALL SERVE FOR A TERM OF SIX YEARS. 29 COMPENSATION SHALL BE SET BY THE EXECUTIVE BOARD ESTABLISHED 30 UNDER SECTION 204 OF THE ACT OF APRIL 9, 1929 (P.L.177, NO.175), 20070S0001B1726 - 97 -
1 KNOWN AS THE ADMINISTRATIVE CODE OF 1929. THE EXECUTIVE DIRECTOR 2 MAY SERVE NO MORE THAN TWO TERMS. 3 (C) LIMITATION.--THE EXECUTIVE DIRECTOR SHALL NOT SEEK 4 ELECTION NOR ACCEPT APPOINTMENT TO ANY POLITICAL OFFICE DURING 5 HIS TENURE AS EXECUTIVE DIRECTOR AND FOR ONE YEAR THEREAFTER. 6 (D) STAFFING.--THE EXECUTIVE DIRECTOR SHALL APPOINT 7 ATTORNEYS TO ACT AS APPEALS OFFICERS AND ADDITIONAL CLERICAL, 8 TECHNICAL AND PROFESSIONAL STAFF AS MAY BE APPROPRIATE AND MAY 9 CONTRACT FOR ADDITIONAL SERVICES AS NECESSARY FOR THE 10 PERFORMANCE OF THE EXECUTIVE DIRECTOR'S DUTIES. THE COMPENSATION 11 OF ATTORNEYS AND OTHER STAFF SHALL BE SET BY THE EXECUTIVE 12 BOARD. THE APPOINTMENT OF ATTORNEYS SHALL NOT BE SUBJECT TO THE 13 ACT OF OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE 14 COMMONWEALTH ATTORNEYS ACT. 15 (E) DUTIES.--THE EXECUTIVE DIRECTOR SHALL ENSURE THAT THE 16 DUTIES OF THE OFFICE OF OPEN RECORDS ARE CARRIED OUT AND SHALL 17 MONITOR CASES APPEALED TO THE OFFICE OF OPEN RECORDS. 18 (F) APPROPRIATION.--THE APPROPRIATION FOR THE OFFICE SHALL 19 BE IN A SEPARATE LINE ITEM AND SHALL BE UNDER THE JURISDICTION 20 OF THE EXECUTIVE DIRECTOR. 21 CHAPTER 15 22 STATE-RELATED INSTITUTIONS 23 SECTION 1501. DEFINITION. 24 AS USED IN THIS CHAPTER, "STATE-RELATED INSTITUTION" MEANS 25 ANY OF THE FOLLOWING: 26 (1) TEMPLE UNIVERSITY. 27 (2) THE UNIVERSITY OF PITTSBURGH. 28 (3) THE PENNSYLVANIA STATE UNIVERSITY. 29 (4) LINCOLN UNIVERSITY. 30 SECTION 1502. REPORTING. 20070S0001B1726 - 98 -
1 NO LATER THAN MAY 30 OF EACH YEAR, A STATE-RELATED 2 INSTITUTION SHALL FILE WITH THE GOVERNOR'S OFFICE, THE GENERAL 3 ASSEMBLY, THE AUDITOR GENERAL AND THE STATE LIBRARY THE 4 INFORMATION SET FORTH IN SECTION 1503. 5 SECTION 1503. CONTENTS OF REPORT. 6 THE REPORT REQUIRED UNDER SECTION 1502 SHALL INCLUDE THE 7 FOLLOWING: 8 (1) EXCEPT AS PROVIDED IN PARAGRAPH (4), ALL INFORMATION 9 REQUIRED BY FORM 990 OR AN EQUIVALENT FORM, OF THE UNITED 10 STATES DEPARTMENT OF THE TREASURY, INTERNAL REVENUE SERVICE, 11 ENTITLED THE RETURN OF ORGANIZATION EXEMPT FROM INCOME TAX, 12 REGARDLESS OF WHETHER THE STATE-RELATED INSTITUTION IS 13 REQUIRED TO FILE THE FORM BY THE FEDERAL GOVERNMENT. 14 (2) THE SALARIES OF ALL OFFICERS AND DIRECTORS OF THE 15 STATE-RELATED INSTITUTION. 16 (3) THE HIGHEST 25 SALARIES PAID TO EMPLOYEES OF THE 17 INSTITUTION THAT ARE NOT INCLUDED UNDER PARAGRAPH (2). 18 (4) THE REPORT SHALL NOT INCLUDE INFORMATION RELATING TO 19 INDIVIDUAL DONORS. 20 SECTION 1504. COPIES AND POSTING. 21 A STATE-RELATED INSTITUTION SHALL MAINTAIN, FOR AT LEAST 22 SEVEN YEARS, A COPY OF THE REPORT IN THE INSTITUTION'S LIBRARY 23 AND SHALL PROVIDE FREE ACCESS TO THE REPORT ON THE INSTITUTION'S 24 INTERNET WEBSITE. 25 CHAPTER 17 26 STATE CONTRACT INFORMATION 27 SECTION 1701. SUBMISSION AND RETENTION OF CONTRACTS. 28 (A) GENERAL RULE.--WHENEVER ANY COMMONWEALTH AGENCY, 29 LEGISLATIVE AGENCY OR JUDICIAL AGENCY SHALL ENTER INTO ANY 30 CONTRACT INVOLVING ANY PROPERTY, REAL, PERSONAL OR MIXED OF ANY 20070S0001B1726 - 99 -
1 KIND OR DESCRIPTION OR ANY CONTRACT FOR PERSONAL SERVICES WHERE 2 THE CONSIDERATION INVOLVED IN THE CONTRACT IS $5,000 OR MORE, A 3 COPY OF THE CONTRACT SHALL BE FILED WITH THE TREASURY DEPARTMENT 4 WITHIN TEN DAYS AFTER THE CONTRACT IS FULLY EXECUTED ON BEHALF 5 OF THE COMMONWEALTH AGENCY, LEGISLATIVE AGENCY OR JUDICIAL 6 AGENCY OR OTHERWISE BECOMES AN OBLIGATION OF THE COMMONWEALTH 7 AGENCY, LEGISLATIVE AGENCY OR JUDICIAL AGENCY. THE PROVISIONS OF 8 THIS CHAPTER SHALL NOT APPLY TO CONTRACTS FOR SERVICES PROTECTED 9 BY A PRIVILEGE. THE PROVISIONS OF THIS CHAPTER SHALL NOT APPLY 10 TO A PURCHASE ORDER EVIDENCING FULFILLMENT OF AN EXISTING <-- 11 OBLIGATION BUT SHALL APPLY TO A PURCHASE ORDER EVIDENCING NEW 12 OBLIGATIONS. THE FOLLOWING SHALL APPLY: 13 (1) EACH COMMONWEALTH AGENCY, LEGISLATIVE AGENCY AND 14 JUDICIAL AGENCY SHALL SUBMIT CONTRACTS IN A FORM AND 15 STRUCTURE MUTUALLY AGREED UPON BY THE COMMONWEALTH AGENCY, 16 LEGISLATIVE AGENCY OR JUDICIAL AGENCY AND THE STATE 17 TREASURER. 18 (2) THE TREASURY DEPARTMENT MAY REQUIRE EACH 19 COMMONWEALTH AGENCY, LEGISLATIVE AGENCY OR JUDICIAL AGENCY TO 20 PROVIDE A SUMMARY WITH EACH CONTRACT, WHICH SHALL INCLUDE THE 21 FOLLOWING: 22 (I) DATE OF EXECUTION. 23 (II) AMOUNT OF THE CONTRACT. 24 (III) BEGINNING DATE OF THE CONTRACT. 25 (IV) END DATE OF THE CONTRACT, IF APPLICABLE. 26 (V) NAME OF THE AGENCY ENTERING INTO THE CONTRACT. 27 (VI) THE NAME OF ALL PARTIES EXECUTING THE CONTRACT. 28 (VII) SUBJECT MATTER OF THE CONTRACT. 29 EACH AGENCY SHALL CREATE AND MAINTAIN THE DATA UNDER THIS 30 PARAGRAPH IN AN ASCII-DELIMITED TEXT FILE, SPREADSHEET FILE 20070S0001B1726 - 100 -
1 OR OTHER FILE PROVIDED BY TREASURY DEPARTMENT REGULATION.
2 (B) RETENTION.--EVERY CONTRACT FILED PURSUANT TO SUBSECTION
3 (A) SHALL REMAIN ON FILE WITH THE TREASURY DEPARTMENT FOR A
4 PERIOD OF NOT LESS THAN FOUR YEARS AFTER THE END DATE OF THE
5 CONTRACT.
6 (C) ACCURACY.--EACH COMMONWEALTH AGENCY, LEGISLATIVE AGENCY
7 AND JUDICIAL AGENCY IS RESPONSIBLE FOR VERIFYING THE ACCURACY
8 AND COMPLETENESS OF THE INFORMATION THAT IT SUBMITS TO THE STATE
9 TREASURER. THE CONTRACT PROVIDED TO THE TREASURY DEPARTMENT
10 PURSUANT TO THIS CHAPTER SHALL BE REDACTED IN ACCORDANCE WITH
11 APPLICABLE PROVISIONS OF THIS ACT BY THE AGENCY FILING THE
12 CONTRACT TO THE TREASURY DEPARTMENT.
13 (D) EXEMPT FROM POSTING.--THE PROVISIONS OF THIS CHAPTER <--
14 APPLICABILITY.--THE PROVISIONS OF THIS ACT SHALL NOT APPLY TO <--
15 COPIES OF CONTRACTS SUBMITTED TO THE TREASURY DEPARTMENT, THE
16 OFFICE OF AUDITOR GENERAL OR OTHER AGENCY FOR PURPOSES OF AUDITS
17 AND WARRANTS FOR DISBURSEMENTS UNDER SECTION 307, 401, 402 OR
18 403 OF THE ACT OF APRIL 9, 1929 (P.L.343, NO.176), KNOWN AS THE
19 FISCAL CODE.
20 SECTION 1702. PUBLIC AVAILABILITY OF CONTRACTS.
21 (A) GENERAL RULE.--THE TREASURY DEPARTMENT SHALL MAKE EACH
22 CONTRACT FILED PURSUANT TO SECTION 1701 AVAILABLE FOR PUBLIC
23 INSPECTION EITHER BY POSTING A COPY OF THE CONTRACT ON THE
24 TREASURY DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET WEBSITE OR BY
25 POSTING A CONTRACT SUMMARY ON THE DEPARTMENT'S PUBLICLY
26 ACCESSIBLE INTERNET WEBSITE.
27 (B) POSTING.--THE TREASURY DEPARTMENT SHALL POST THE
28 INFORMATION RECEIVED PURSUANT TO THIS CHAPTER IN A MANNER THAT
29 ALLOWS THE PUBLIC TO SEARCH CONTRACTS OR CONTRACT SUMMARIES BY
30 THE CATEGORIES ENUMERATED IN SECTION 1701(A)(2).
20070S0001B1726 - 101 -
1 (C) REQUEST TO REVIEW OR RECEIVE COPY OF CONTRACT.--THE 2 TREASURY DEPARTMENT SHALL MAINTAIN A PAGE ON ITS PUBLICLY 3 ACCESSIBLE INTERNET WEBSITE THAT INCLUDES INSTRUCTIONS ON HOW TO 4 REVIEW A CONTRACT ON THE INTERNET WEBSITE. 5 (D) PAPER COPY.--A PAPER COPY OF A CONTRACT MAY BE REQUESTED 6 FROM THE AGENCY THAT EXECUTED THE CONTRACT IN ACCORDANCE WITH 7 THIS ACT. 8 CHAPTER 31 9 MISCELLANEOUS PROVISIONS 10 SECTION 3101. APPLICABILITY. 11 THIS ACT APPLIES AS FOLLOWS: 12 (1) THIS ACT SHALL APPLY TO REQUESTS FOR INFORMATION 13 MADE AFTER DECEMBER 31, 2008. 14 (2) CHAPTER 15 SHALL APPLY TO FISCAL YEARS BEGINNING 15 AFTER JUNE 30, 2008. 16 (3) CHAPTER 17 SHALL APPLY TO CONTRACTS ENTERED INTO OR 17 RENEWED AFTER JUNE 30, 2008. 18 SECTION 3101.1. RELATION TO OTHER LAW OR JUDICIAL ACTIONS. 19 IF THE PROVISIONS OF THIS ACT REGARDING ACCESS TO PUBLIC 20 RECORDS CONFLICT WITH ANY FEDERAL OR STATE LAW, JUDICIAL ORDER 21 OR DECREE, THE PROVISIONS OF THIS ACT SHALL NOT APPLY. 22 SECTION 3101.2. SEVERABILITY. 23 ALL PROVISIONS OF THIS ACT ARE SEVERABLE. 24 SECTION 3102. REPEALS. 25 REPEALS ARE AS FOLLOWS: 26 (1) THE GENERAL ASSEMBLY DECLARES AS FOLLOWS: 27 (I) THE REPEAL UNDER PARAGRAPH (2)(I) IS NECESSARY 28 TO EFFECTUATE CHAPTER 17. 29 (II) THE REPEALS UNDER PARAGRAPH (2)(II) AND (III) 30 ARE NECESSARY TO EFFECTUATE THIS ACT. 20070S0001B1726 - 102 -
1 (2) THE FOLLOWING ACTS AND PARTS OF ACTS ARE REPEALED: 2 (I) SECTION 1104 OF THE ACT OF APRIL 9, 1929 3 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 4 1929. 5 (II) THE ACT OF JUNE 21, 1957 (P.L.390, NO.212), 6 REFERRED TO AS THE RIGHT-TO-KNOW LAW. 7 (III) 62 PA.C.S. § 106. 8 SECTION 3103. REFERENCES. 9 A REFERENCE IN A STATUTE, REGULATION OR JUDICIAL ORDER OR 10 DECREE TO THE ACT OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED 11 TO AS THE RIGHT-TO-KNOW LAW, SHALL BE DEEMED A REFERENCE TO THIS 12 ACT. 13 SECTION 3104. EFFECTIVE DATE. 14 THIS ACT SHALL TAKE EFFECT AS FOLLOWS: 15 (1) THE FOLLOWING PROVISIONS SHALL TAKE EFFECT 16 IMMEDIATELY: 17 (I) SECTIONS 101, 102 AND 1310. 18 (II) THIS SECTION. 19 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT JANUARY 20 1, 2009. C26L02VDL/20070S0001B1726 - 103 -