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
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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 102 of the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law, is amended by
adding a definition to read:
Section 102. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Commercial purpose." As follows:
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(1) The use of a record for any of the following
purposes:
(i) Selling or reselling any portion of the record.
(ii) Obtaining names and addresses from the record
for the purpose of commercial solicitation.
(iii) Any other purpose through which the requester
can reasonably expect to generate revenue.
(2) The term does not include the use of a record by a
nonprofit educational or noncommercial scientific institution
for scholarly or scientific research or the use of a record
by the news media, a journalist or an author for news
gathering or dissemination in a newspaper, periodical, book,
digital publication or radio or television news broadcast.
* * *
Section 2. Section 703 of the act is amended to read:
Section 703. Written requests.
(a) Submission and information.--A written request for
access to records may be submitted in person, by mail, by e-
mail, by facsimile or, to the extent provided by agency rules,
by any other electronic means. A written request must be
addressed to the open-records officer designated pursuant to
section 502. Employees of an agency shall be directed to forward
requests for records to the open-records officer. A written
request should identify or describe the records sought with
sufficient specificity to enable the agency to ascertain which
records are being requested and shall include the name and
address to which the agency should address its response. [A]
(b) Reason for request.--Except as provided in subsection
(c), a written request need not include any explanation of the
requester's reason for requesting or intended use of the records
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unless otherwise required by law.
(c) Requests for commercial purpose.--An agency may require
a requester to certify in writing whether the request is for a
commercial purpose. Certification shall be submitted in a manner
approved by the Office of Open Records. A requester that submits
a false written statement under this subsection shall be subject
to 18 Pa.C.S. § 4904 (relating to unsworn falsification to
authorities).
Section 3. Section 1307 of the act is amended by adding
subsections to read:
Section 1307. Fee limitations.
* * *
(e.1) Records to be used for commercial purpose.--
(1) In responding to a request for records that will be
used for a commercial purpose, an agency may charge a
requester additional standard fees for the search, retrieval,
review, redaction and duplication of the records. The fees
shall be calculated at no more than the hourly wage of the
lowest-paid public employee of the agency who is capable of
searching, retrieving, reviewing, redacting or duplicating
the information necessary to comply with the request.
(2) Prior to granting a request for information to be
used for a commercial purpose , the agency, upon request,
shall provide the requester with an estimate of the fees
charged under paragraph (1), including estimated cost of
personnel hours.
(3) Paragraph (1) shall not apply to any of the
following:
(i) A request for records that are subject to the
fees under subsection (b)(4).
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(ii) A request for records that are subject to fees
established in laws or regulations of this Commonwealth
that are not subject to this act.
(iii) A request for records from an attorney on
behalf of a client if records are not obtained for the
purpose of selling, reselling or solicitation by the
attorney or the client or used by the client for a
commercial purpose.
(iv) A request for records from an entity holding a
certificate of authority or license from the Insurance
Department, or a contractor, vendor, licensee, service
provider or affiliate of the entity, provided that the
records obtained shall only be used for the business of
insurance.
* * *
(i) Alternative fee arrangement or service arrangement .--An
agency and a requester may enter into a contract, memorandum of
understanding or other agreement that provides an alternative
fee arrangement or service arrangement to the fees authorized
under this section. An agreement under this subsection shall be
public.
(j) Appeals.--A fee charged under this section may be
appealed to the Office of Open Records.
Section 4. This act shall take effect in 60 days.
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