Bill > SB790

This bill amends Pennsylvania's Right-to-Know Law by establishing a formal process for agencies to seek relief from "vexatious requesters" who submit public records requests that are deemed to be intentionally burdensome or harassing. Agencies can petition the Office of Open Records (OOR) to limit a requester's ability to file future requests if they can demonstrate, through clear and convincing evidence, that the requester's actions constitute vexatious conduct. Factors considered may include the number and complexity of requests, their content, and evidence of intent to harass or burden the agency. The bill provides specific procedural safeguards, such as requiring the OOR to notify the requester, establish a briefing schedule, and potentially hold a hearing. If the petition is granted, the agency can be authorized to limit the requester's future records requests for up to one calendar year, though any relief must be narrowly tailored and use the least restrictive means necessary. The bill explicitly protects certain requesters from being labeled vexatious, such as parents inquiring about school policies or candidates seeking election-related information. The determination process must remain content-neutral, and aggrieved parties can appeal the OOR's decision to Commonwealth Court within 15 calendar days. The law will take effect 120 days after its passage.

Government Affairs

https://www.legis.state.pa.us/cfdocs/billinfo/bill_history.cfm?syear=2025&sind=0&body=S&type=B&bn=790