Pennsylvania HB 1907: An Act amending the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, in access, further providing for requests; in procedure, further providing for exceptions for public records; and, in judicial review, further providing for fee limitations.

Bill Text

PRINTER'S NO. 2384
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1907
Session of
2025
INTRODUCED BY MATZIE, MAYES, KULIK, PROBST, HILL-EVANS, SANCHEZ,
WAXMAN, GUENST, McNEILL, CEPEDA-FREYTIZ, NEILSON, GREEN AND
JAMES, SEPTEMBER 30, 2025
REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS AND
OPERATIONS, SEPTEMBER 30, 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
access, further providing for requests; in procedure, further
providing for exceptions for public records; and, in judicial
review, further providing for fee limitations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 506(b)(1) of the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law, is amended to
read:
Section 506. Requests.
* * *
(b) Disaster or potential damage.--
(1) An agency may deny a requester access:
(i) when timely access is not possible due to fire,
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flood or other disaster; or
(ii) to historical, ancient or rare documents,
records, archives and manuscripts when access may, in the
professional judgment of the curator or custodian of
records, cause physical damage or irreparable harm to the
record[.], including records in the State Archives which
are publicly available under policies approved by the
Pennsylvania Historical and Museum Commission.
* * *
Section 2. Section 708(b)(24) of the act is amended and the
subsection is amended by adding a paragraph to read:
Section 708. Exceptions for public records.
* * *
(b) Exceptions.--Except as provided in subsections (c) and
(d), the following are exempt from access by a requester under
this act:
* * *
(24) Library [archived], archives, and museum
materials[,]; or valuable or rare book collections or
documents contributed by gift, grant, bequest or devise, to
the extent of any limitations imposed by the donor as a
condition of the contribution.
* * *
(31) Digital reproductions, digital indices and
resulting metadata or other digital work products created by
a third party using public records in the possession of an
agency, even if the agency possesses the digital
reproductions, indices, metadata or work products, unless
expressly agreed to in writing by the third party.
* * *
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Section 3. Section 1307(b)(2) of the act is amended to read:
Section 1307. Fee limitations.
* * *
(b) Duplication.--
* * *
(2) The fees must be reasonable and based on prevailing
fees for comparable duplication services for contemporary
mediums provided by local business entities or the prevailing
fees for comparable duplication of historical, ancient or
rare documents and manuscripts.
* * *
Section 4. This act shall take effect in 60 days.
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