Pennsylvania's Right-to-Know Law

Overview of the Law

This document outlines Pennsylvania's Right-to-Know Law, originally introduced as Senate Bill 1 by Senator Dominic Pileggi during the 2007-08 legislative session. The law was unanimously approved by both the Senate (50-0) and the House of Representatives (199-0), and signed into law on February 14, 2008.

The document also notes that Chapter 15 of the law was amended by Act 2023-29, effective July 1, 2024.

Key Provisions

The Act establishes a framework for public access to information across various government bodies. Its primary goals include:

• Open Records Officers: Mandating the appointment of a designated open-records officer in every Commonwealth, local, judicial, and legislative agency.
• Procedures: Establishing clear procedures for requesting records, appealing agency determinations, and seeking judicial review.
• Office of Open Records: Creating the Office of Open Records to oversee compliance.
• Penalties: Imposing penalties for non-compliance.
• State Institutions: Requiring reporting by State-related institutions and the posting of certain State contract information on the Internet.

Legislative Timeline

The document specifies a staggered implementation schedule for different parts of the Act:

• July 1, 2008: Chapters 15 and 17, along with specific sections of Chapter 31 (3102(1)(i) and 3102(2)(i)), took effect.
• January 1, 2009: The remainder of the Act took effect.

Structure of the Law

The law is organized into several chapters covering specific aspects of public records:

• Preliminary Provisions: Defines the short title and key terms.
• Requirements and Prohibitions: Outlines rules for Commonwealth, local, legislative, and judicial agencies, including the presumption of access and the nature of documents.
• Access: Details the scope of the law, roles of open-records and appeals officers, regulations, uniform forms, request procedures, and record retention.
• Procedure: Covers access methods, written requests, electronic access, record creation, redaction, and exceptions.
• Agency Response: Establishes general rules for responses, extensions of time, denials, certified copies, and record discard.
• Appeal of Agency Determination: Describes the process for filing appeals and the role of appeals officers.
• Judicial Review: Details court processes for different agency types, including notice, costs, penalties, immunity, and the role of the Office of Open Records.
• State-Related Institutions: Defines filing requirements, contents of filings, and contract information for these specific institutions.
• State Contract Information: Mandates the submission, retention, and public availability of contracts.
• Miscellaneous Provisions: Includes applicability, relation to other laws, severability, and repeals.