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 access, further providing for open-records officer and for retention of records; and, in judicial review, further providing for civil penalty.

PRINTER'S NO. 964
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 869
Session of
2025
INTRODUCED BY COLEMAN AND STEFANO, JUNE 18, 2025
REFERRED TO STATE GOVERNMENT, JUNE 18, 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
access, further providing for open-records officer and for
retention of records; and, in judicial review, further
providing for civil penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "record" in section 102 of the
act of February 14, 2008 (P.L.6, No.3), known as the Right-to-
Know Law, is amended 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:
* * *
"Record." Information, regardless of physical form or
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characteristics, that documents a transaction or activity of an
agency and that is created, received or retained pursuant to law
or in connection with a transaction, business or activity of the
agency. The term includes a document, paper, letter, map, book,
tape, photograph, film or sound recording, information stored or
maintained electronically and a data-processed or image-
processed document. The term also includes communications sent
by a public official to less than a quorum of the governing body
of an agency.
* * *
Section 2. Section 502 of the act is amended by adding
subsections to read:
Section 502. Open-records officer.
* * *
(c) Registration.--An agency shall register the open-records
officer with the Office of Open Records within 30 days of
designation in a manner determined by the Office of Open
Records.
(d) Training.--The Office of Open Records shall develop and
post on its website a training course for newly designated open-
records officers. Within 30 days of designation, an open-records
officer shall complete this training course, and the agency
shall verify completion and post that verification on their
agency website. For each successive calendar year, the agency
open-records officer shall view or attend the Office of Open
Records' annual training.
Section 3. Section 507 of the act is amended to read:
Section 507. Retention of Records.
[Nothing] (a) Requirements.--
(1) A n agency shall retain, or cause to be retained, for
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no less than two years from the date of creation or receipt,
any record of the agency, whether permanent, nonpermanent or
transitory, created or received electronically by a member,
employee, official or agent of the agency.
(2) Paragraph (1) shall not apply to the electronic
receipt of subscriptions, mass marketing, spam or junk
communications, nor to nonrecords that do not document a
transaction or activity of an agency.
(b) Confirmation at separation from service.--An agency
shall obtain written or electronic confirmation from each
member, employee, official or agent, upon the individual's
separation from service with the agency, that all agency records
subject to the agency's record retention policy or this act,
including any records created or maintained on a personal device
or account, have been provided to the agency.
(c) Construction.--Except as otherwise provided in this
section, nothing in this act shall be construed to modify,
rescind or supersede any record retention policy or disposition
schedule of an agency established pursuant to law, regulation,
policy or other directive.
Section 4. Section 1305 of the act is amended by adding a
subsection to read:
Section 1305. Civil penalty.
* * *
(a.1) Failure to retain record.--A court shall impose a
civil penalty of not more than $1,500 and shall award reasonable
attorney fees and costs of litigation or an appropriate portion
thereof on an agency or member, employee, official or agent of
the agency if a public record was not retained, willfully or
with wanton disregard or otherwise in bad faith violation of the
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agency's record retention schedule or this act. An agency shall
not make a payment on behalf of or reimburse a member, employee,
official or agent of the agency for a fine or cost resulting
from the member's, employee's, official's or agent's violation
of this section.
* * *
Section 5. This act shall take effect in 60 days.
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