An Act amending the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, in agency response, providing for vexatious requesters.

PRINTER'S NO. 845
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 790
Session of
2025
INTRODUCED BY DUSH, BROOKS, LAUGHLIN, FONTANA AND STEFANO,
MAY 28, 2025
REFERRED TO STATE GOVERNMENT, MAY 28, 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
agency response, providing for vexatious requesters.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of February 14, 2008 (P.L.6, No.3), known
as the Right-to-Know Law, is amended by adding a section to
read:
Section 906. Vexatious requesters.
(a) Petition for relief.--
(1) Except as provided under paragraph (2), an agency
may petition the Office of Open Records for relief from a
requester alleged by the agency to be a vexatious requester.
The petition shall:
(i) be submitted under penalty of 18 Pa.C.S. § 4904
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(relating to unsworn falsification to authorities);
(ii) be served on the Office of Open Records and the
requester alleged to be a vexatious requester; and
(iii) demonstrate, by clear and convincing evidence,
that the alleged vexatious requester's request or
requests, considered collectively, constitute vexatious
conduct. For the purpose of this subparagraph, relevant
factors may include any of the following:
(A) The number of requests filed.
(B) The number of pending requests.
(C) The scope and complexity of the requests.
(D) The nature, content, language or subject
matter of the requests.
(E) The nature, content, language or subject
matter of other communications with the agency.
(F) Conduct alleged to impose an unreasonable
burden on the agency.
(G) Conduct, including communications in writing
or otherwise documented, expressing intent to harass,
annoy, frustrate or burden an agency.
(H) Evidence of repetitive requests for
identical or substantially similar records previously
provided or denied with finality.
(I) Other relevant evidence of vexatious intent.
(2) An agency may not petition for relief under
paragraph (1) if the alleged vexatious requester:
(i) is a parent or guardian of a student enrolled in
a school within a school entity and the request relates
directly to the school entity's educational curriculum or
policies;
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(ii) is a candidate, or is designated by a candidate
or political party, and the request pertains to voter
registration or election administration; or
(iii) was previously subject to a petition under
paragraph (1) by the same agency, and the petition was
denied under subsection (f)(1) or (2) within the previous
calendar year.
(3) A petition for relief under paragraph (1) may
include a request for a stay, which shall demonstrate by
clear and convincing evidence that a stay is necessary
because:
(i) the number and frequency of requests
demonstrably exceed the agency's reasonable capacity to
respond without significant disruption to the agency's
core functions; or
(ii) the requester has demonstrated clear intent to
harass, annoy, frustrate or burden an agency.
(b) Processing of petitions.-- Upon receipt of a petition
under subsection (a)(1), the executive director of the Office of
Open Records or a designee shall have the following duties:
(1) Within five business days, provide a notice to the
alleged vexatious requester in writing that the requester may
submit a preliminary response to the petition within 10
business days of receipt of the notification under this
paragraph.
(2) If the petition contained a request under subsection
(a)(3) and the executive director or a designee has
determined that a preliminary stay is appropriate, within 15
business days, inform the agency and the alleged vexatious
requester that the Office of Open Records has determined that
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pending or new requests are stayed pending resolution of the
petition. The determination under this paragraph shall not be
appealable.
(c) Initial determination.-- Within 30 calendar days of
receiving a petition under subsection (a)(1), the executive
director or a designee shall review the petition and determine
whether further proceedings are warranted. The following shall
apply:
(1) If further proceedings are not warranted, including
if the requester meets the criteria specified under
subsection (a)(2), the executive director or designee shall
deny the petition and provide a notice to the alleged
vexatious requester and the agency in writing with a
statement of reasons.
(2) If further proceedings are warranted, the executive
director or a designee shall have the following duties:
(i) Establish a briefing schedule to afford the
alleged vexatious requester a fair opportunity to respond
to the petition.
(ii) If the petition contained a request under
subsection (a)(3), determine whether pending or new
requests from the alleged vexatious requester should be
processed or stayed pending resolution of the petition.
The determination under this subparagraph shall not be
appealable.
(iii) If the executive director or a designee
determines that a preliminary stay is appropriate under
subsection (a)(3), determine whether the stay should be
continued or if pending or new requests from the
requester should be processed.
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(d) Hearing.--
(1) After reviewing the alleged vexatious requester's
response under subsection (c)(2)(i), if any, the executive
director or a designee shall determine whether a hearing is
necessary and provide notice of the determination to the
requester and the agency in writing within five business
days. The determination under this paragraph shall not be
appealable.
( 2) If a hearing is held, the executive director or a
designee may:
(i) admit testimony, documents or other evidence
deemed reasonably probative and relevant; or
(ii) exclude or limit evidence deemed cumulative or
irrelevant.
(e) Mediation.-- At any time during proceedings under this
section, the executive director or a designee may propose
mediation through the Office of Open Records. If both the
alleged vexatious requester and the agency consent, mediation
shall proceed for up to 90 calendar days, extendable by mutual
agreement. All other proceedings under this section shall be
stayed during mediation.
(f) Final determination.--
(1) Unless otherwise agreed by the agency, the executive
director or a designee shall issue a final determination
granting or denying the petition under subsection (a)(1)
within 90 calendar days of the petition's filing.
(2) Subject to paragraph (1), if no final determination
is issued within 90 calendar days, the petition shall be
deemed denied.
(3) If the petition is granted, the executive director
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or a designee may order relief proportionate to the vexatious
conduct, including limiting the agency's obligation to
respond to future requests from the vexatious requester for a
period not exceeding one calendar year from the date the
petition is granted. Relief under this paragraph shall be
narrowly tailored to address the specific conduct and employ
the least restrictive means necessary.
(4) The executive director or a designee shall post the
final determination on the publicly accessible Internet
website of the Office of Open Records.
(g) Content-neutral application.-- Determinations under this
section shall be made in a consistent and content-neutral
manner, without regard to the subject matter or political
implications of the requests.
(h) Appeal.--Notwithstanding section 1309, a party aggrieved
by a determination under this section, except for determinations
under subsection (b)(2), (c)(2)(ii) or (d)(1), may file a
petition for review or other document as might be required by
rule of court with Commonwealth Court within 15 calendar days of
the determination. The decision of the court shall contain
findings of fact and conclusions of law based upon the evidence
as a whole. The decision shall clearly and concisely explain the
rationale for the decision.
(i) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Executive director." The executive director of the Office
of Open Records.
"Vexatious." C onduct intended solely to harass, annoy,
frustrate or burden an agency.
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"Vexatious request." A request submitted solely for a
vexatious purpose. The term does not include a request that
causes inconvenience or burden but is submitted for a purpose
other than a vexatious purpose.
"Vexatious requester." An individual who submits one or more
vexatious requests.
Section 2. This act shall take effect in 120 days.
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