H0974B2412A03327 LKK:AAS 12/12/23 #90 A03327
AMENDMENTS TO HOUSE BILL NO. 974
Sponsor: REPRESENTATIVE SCHLEGEL
Printer's No. 2412
Amend Bill, page 1, lines 17 through 21; page 2, lines 1
through 30; page 3, lines 1 through 7; by striking out all of
said lines on said pages and inserting
Section 1. Section 708(b)(10) and (12) of the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law,
are amended to read:
Section 708. Exceptions for public records.
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(b) Exceptions.--Except as provided in subsections (c) and
(d), the following are exempt from access by a requester under
this act:
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(10) (i) A record that reflects:
(A) The internal, predecisional deliberations of
an agency, its members, employees or officials or
predecisional deliberations between agency members,
employees or officials and members, employees or
officials of another agency, including predecisional
deliberations relating to a budget recommendation,
legislative proposal, legislative amendment,
contemplated or proposed policy or course of action
or any research, memos or other documents used in the
predecisional deliberations.
(B) The strategy to be used to develop or
achieve the successful adoption of a budget,
legislative proposal or regulation.
(ii) Subparagraph (i)(A) shall apply to agencies
subject to 65 Pa.C.S. Ch. 7 (relating to open meetings)
in a manner consistent with 65 Pa.C.S. Ch. 7. A record
which is not otherwise exempt from access under this act
and which is presented to a quorum for deliberation in
accordance with 65 Pa.C.S. Ch. 7 shall be a public
record.
(iii) This paragraph shall not apply to a written or
Internet application or other document that has been
submitted to request Commonwealth funds.
(iv) This paragraph shall not apply to the results
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of public opinion surveys, polls, focus groups, marketing
research or similar effort designed to measure public
opinion.
(v) This paragraph shall not apply to a record in
the possession of a Commonwealth agency relating to a
decision of the Commonwealth agency to appeal a decision
of Commonwealth Court relating to a rulemaking or a
regulation to require the Commonwealth to join the
Regional Greenhouse Gas Initiative.
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