Bill Text: PA HB605 | 2009-2010 | Regular Session | Introduced

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Bill Title: Providing for requests for public records of the Department of Corrections; and further providing for extension of time.

Spectrum: Moderate Partisan Bill (Republican 23-3)

Status: (Introduced - Dead) 2009-02-24 - Referred to STATE GOVERNMENT [HB605 Detail]

Download: Pennsylvania-2009-HB605-Introduced.html

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PRINTER'S NO. 661
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 605 Session of2009
INTRODUCED BY KAUFFMAN, CLYMER, FLECK, GROVE, HARRIS, M. KELLER, MILLARD, PALLONE, PICKETT, SCAVELLO, SONNEY, STERN, VULAKOVICH AND O'NEILL, FEBRUARY 24, 2009
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 24, 2009
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,"
providing for requests for public records of the Department
of Corrections; and further providing for extension of time.
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 709. Requests for public records of the Department of
Corrections.
(a) Determination.--Upon receiving a request for a public
record containing personal identification information of
employees of the Department of Corrections, an agency shall
determine if the requester has been convicted of a felony in
this Commonwealth.
(b) Requester convicted of felony.--If a requester has been
convicted of a felony in this Commonwealth, an agency shall deny
the requester access to records which contain personal
identification information of an employee of the Department of
Corrections.
(c) Applicability.--This section shall not apply if the
record is subpoenaed by court order.
Section 2. Section 902 of the act is amended to read:
Section 902. Extension of time.
(a) Determination.--Upon receipt of a written request for
access, the open-records officer for an agency shall determine
if one of the following applies:
(1) the request for access requires redaction of a
record in accordance with section 706;
(2) the request for access requires the retrieval of a
record stored in a remote location;
(3) a timely response to the request for access cannot
be accomplished due to bona fide and specified staffing
limitations;
(4) a legal review is necessary to determine whether the
record is a record subject to access under this act;
(5) the requester has not complied with the agency's
policies regarding access to records;
(6) the requester refuses to pay applicable fees
authorized by this act; [or]
(7) the extent or nature of the request precludes a
response within the required time period[.]; or
(8) the request for access to a record containing
personal identification information of an employee of the
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Department of Corrections requires the agency to determine if
the requester has been convicted of a felony in this
Commonwealth.
(b) Notice.--
(1) Upon a determination that one of the factors listed
in subsection (a) applies, the open-records officer shall
send written notice to the requester within five business
days of receipt of the request for access under subsection
(a).
(2) The notice shall include a statement notifying the
requester that the request for access is being reviewed, the
reason for the review, a reasonable date that a response is
expected to be provided and an estimate of applicable fees
owed when the record becomes available. If the date that a
response is expected to be provided is in excess of 30 days,
following the five business days allowed for in section 901,
the request for access shall be deemed denied unless the
requester has agreed in writing to an extension to the date
specified in the notice.
(3) If the requester agrees to the extension, the
request shall be deemed denied on the day following the date
specified in the notice if the agency has not provided a
response by that date.
Section 3. This act shall take effect in 60 days.
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