SB 350 — An Act amending the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, in preliminary provisions, further providing for definitions; in procedure, further providing for written requests; and, in judicial review, further providing for fee limitations.

PRINTER'S NO.   295

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 350
                                                  Session of
                                                    2025

     INTRODUCED BY BROOKS, STEFANO AND FONTANA, FEBRUARY 26, 2025

     REFERRED TO STATE GOVERNMENT, FEBRUARY 26, 2025


                                       AN ACT
 1   Amending the act of February 14, 2008 (P.L.6, No.3), entitled
 2      "An act providing for access to public information, for a
 3      designated open-records officer in each Commonwealth agency,
 4      local agency, judicial agency and legislative agency, for
 5      procedure, for appeal of agency determination, for judicial
 6      review and for the Office of Open Records; imposing
 7      penalties; providing for reporting by State-related
 8      institutions; requiring the posting of certain State contract
 9      information on the Internet; and making related repeals," in
10      preliminary provisions, further providing for definitions; in
11      procedure, further providing for written requests; and, in
12      judicial review, further providing for fee limitations.
13      The General Assembly of the Commonwealth of Pennsylvania
14   hereby enacts as follows:
15      Section 1.    Section 102 of the act of February 14, 2008
16   (P.L.6, No.3), known as the Right-to-Know Law, is amended by
17   adding a definition to read:
18   Section 102.    Definitions.
19      The following words and phrases when used in this act shall
20   have the meanings given to them in this section unless the
21   context clearly indicates otherwise:
22      * * *
23      "Commercial purpose."       As follows:
 1            (1)   The use of a record for any of the following
 2      purposes:
 3                  (i)    Selling or reselling any portion of the record.
 4                  (ii)    Obtaining names and addresses from the record
 5            for the purpose of commercial solicitation.
 6                  (iii)    Any other purpose through which the requester
 7            can reasonably expect to generate revenue.
 8            (2)   The term does not include the use of a record by a
 9      nonprofit educational or noncommercial scientific institution
10      for scholarly or scientific research or the use of a record
11      by the news media, a journalist or an author for news
12      gathering or dissemination in a newspaper, periodical, book,
13      digital publication or radio or television news broadcast.
14      * * *
15      Section 2.        Section 703 of the act is amended to read:
16   Section 703.     Written requests.
17      (a)   Submission and information.--A written request for
18   access to records may be submitted in person, by mail, by e-
19   mail, by facsimile or, to the extent provided by agency rules,
20   by any other electronic means. A written request must be
21   addressed to the open-records officer designated pursuant to
22   section 502. Employees of an agency shall be directed to forward
23   requests for records to the open-records officer. A written
24   request should identify or describe the records sought with
25   sufficient specificity to enable the agency to ascertain which
26   records are being requested and shall include the name and
27   address to which the agency should address its response. [A]
28      (b)   Reason for request.--Except as provided in subsection
29   (c), a written request need not include any explanation of the
30   requester's reason for requesting or intended use of the records

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 1   unless otherwise required by law.
 2      (c)   Requests for commercial purpose.--An agency may require
 3   a requester to certify in writing whether the request is for a
 4   commercial purpose. Certification shall be submitted in a manner
 5   approved by the Office of Open Records. A requester that submits
 6   a false written statement under this subsection shall be subject
 7   to 18 Pa.C.S. § 4904 (relating to unsworn falsification to
 8   authorities).
 9      Section 3.        Section 1307 of the act is amended by adding
10   subsections to read:
11   Section 1307.        Fee limitations.
12      * * *
13      (e.1)   Records to be used for commercial purpose.--
14            (1)   In responding to a request for records that will be
15      used for a commercial purpose, an agency may charge a
16      requester additional standard fees for the search, retrieval,
17      review, redaction and duplication of the records. The fees
18      shall be calculated at no more than the hourly wage of the
19      lowest-paid public employee of the agency who is capable of
20      searching, retrieving, reviewing, redacting or duplicating
21      the information necessary to comply with the request.
22            (2)   Prior to granting a request for information to be
23      used for a commercial purpose, the agency, upon request,
24      shall provide the requester with an estimate of the fees
25      charged under paragraph (1), including estimated cost of
26      personnel hours.
27            (3)   Paragraph (1) shall not apply to any of the
28      following:
29                  (i)    A request for records that are subject to the
30            fees under subsection (b)(4).

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 1                 (ii)     A request for records that are subject to fees
 2             established in laws or regulations of this Commonwealth
 3             that are not subject to this act.
 4                 (iii)    A request for records from an attorney on
 5             behalf of a client if records are not obtained for the
 6             purpose of selling, reselling or solicitation by the
 7             attorney or the client or used by the client for a
 8             commercial purpose.
 9                 (iv)     A request for records from an entity holding a
10             certificate of authority or license from the Insurance
11             Department, or a contractor, vendor, licensee, service
12             provider or affiliate of the entity, provided that the
13             records obtained shall only be used for the business of
14             insurance.
15      * * *
16      (i)    Alternative fee arrangement or service arrangement.--An
17   agency and a requester may enter into a contract, memorandum of
18   understanding or other agreement that provides an alternative
19   fee arrangement or service arrangement to the fees authorized
20   under this section. An agreement under this subsection shall be
21   public.
22      (j)    Appeals.--A fee charged under this section may be
23   appealed to the Office of Open Records.
24      Section 4.    This act shall take effect in 60 days.




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