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PA SB210
PA SB210In preliminary provisions, further providing for definitions; in procedure, further providing for written requests; and, in judicial review, further providing for fee limitations.
summary
Introduced
01/19/2023
01/19/2023
In Committee
01/19/2023
01/19/2023
Crossed Over
Passed
Dead
12/31/2024
12/31/2024
Introduced Session
2023-2024 Regular Session
Bill Summary
Amending the act of February 14, 2008 (P.L.6, No.3), entitled "An act providing for access to public information, for a designated open-records officer in each Commonwealth agency, local agency, judicial agency and legislative agency, for procedure, for appeal of agency determination, for judicial review and for the Office of Open Records; imposing penalties; providing for reporting by State-related institutions; requiring the posting of certain State contract information on the Internet; and making related repeals," in preliminary provisions, further providing for definitions; in procedure, further providing for written requests; and, in judicial review, further providing for fee limitations.
AI Summary
This bill amends the Right-to-Know Law by:
1. Defining "commercial purpose" to include selling or reselling records, obtaining names and addresses for commercial solicitation, and any other purpose through which the requester can reasonably expect to generate revenue. This definition excludes use by nonprofit educational or scientific institutions for research, and use by the news media or authors for news gathering or dissemination.
2. Allowing agencies to require requesters to certify in writing whether the request is for a commercial purpose, and subjecting those who submit false statements to criminal penalties.
3. Permitting agencies to charge additional fees for responding to commercial requests, up to the hourly wage of the lowest-paid public employee capable of processing the request, and requiring agencies to provide an estimate of these fees upon request.
4. Exempting certain requests from the additional commercial request fees, such as records subject to other fee structures, records requested by attorneys on behalf of clients not for commercial purpose, and records requested by insurance-related entities for their business.
5. Allowing agencies and requesters to enter into agreements for alternative fee arrangements, which must be made public.
6. Allowing appeals of fees charged under this section to the Office of Open Records.
Committee Categories
Government Affairs
Sponsors (4)
Last Action
Laid on the table (Pursuant to Senate Rule 9) (on 10/25/2023)
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