PRINTER'S NO. 699
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 525
Session of
2023
INTRODUCED BY DUSH, BROOKS, CULVER AND LAUGHLIN, MAY 3, 2023
REFERRED TO STATE GOVERNMENT, MAY 3, 2023
AN ACT
1 Amending the act of February 14, 2008 (P.L.6, No.3), entitled
2 "An act providing for access to public information, for a
3 designated open-records officer in each Commonwealth agency,
4 local agency, judicial agency and legislative agency, for
5 procedure, for appeal of agency determination, for judicial
6 review and for the Office of Open Records; imposing
7 penalties; providing for reporting by State-related
8 institutions; requiring the posting of certain State contract
9 information on the Internet; and making related repeals," in
10 agency response, providing for vexatious requester.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. The act of February 14, 2008 (P.L.6, No.3), known
14 as the Right-to-Know Law, is amended by adding a section to
15 read:
16 Section 906. Vexatious requester.
17 (a) Petition.--An agency may petition the Office of Open
18 Records for relief from an individual that the agency alleges is
19 a vexatious requester. The petition shall:
20 (1) Be submitted under penalty of 18 Pa.C.S. ยง 4904
21 (relating to unsworn falsification to authorities).
22 (2) Be provided to the Office of Open Records and the
1 requester alleged to be a vexatious requester.
2 (3) Detail the conduct by the individual which the
3 agency alleges demonstrates vexatiousness, including, as
4 appropriate:
5 (i) The number of requests filed.
6 (ii) The total number of pending requests.
7 (iii) The scope of the requests.
8 (iv) The nature, content, language or subject matter
9 of the requests.
10 (v) The nature, content, language or subject matter
11 of other oral and written communications to the agency.
12 (vi) Conduct the agency alleges is placing an
13 unreasonable burden on the agency.
14 (vii) Conduct the agency alleges is intended to
15 harass the agency.
16 (viii) Any other relevant information.
17 (b) Processing requests.--Upon receipt of a petition under
18 subsection (a), the executive director of the Office of Open
19 Records or a designee shall:
20 (1) Within five business days, notify the requester
21 alleged to be a vexatious requester that the requester may,
22 within 10 business days, file a preliminary response to the
23 petition.
24 (2) Within 15 business days, inform the agency whether
25 pending requests and new requests from the requester alleged
26 to be a vexatious requester should continue to be processed
27 or should be stayed pending resolution of the proceedings
28 under this section. A decision under this paragraph is not
29 appealable.
30 (c) Initial finding.--The executive director of the Office
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1 of Open Records or a designee shall, within 30 calendar days
2 after receiving a petition under subsection (a), review the
3 petition and determine whether further proceedings are
4 warranted. The following shall apply:
5 (1) If the executive director or a designee determines
6 that further proceedings are not warranted, the executive
7 director or a designee shall deny the petition. The denial
8 shall be in writing and include an explanation of the reasons
9 for the denial.
10 (2) If the executive director or a designee determines
11 that further proceedings are warranted, the executive
12 director or a designee shall establish a briefing schedule to
13 provide a fair opportunity for the requester to respond to
14 the agency's petition.
15 (d) Hearing determination.--After reviewing the requester's
16 response to the agency's petition, if any, the executive
17 director of the Office of Open Records or a designee shall
18 determine whether a hearing is warranted. The executive director
19 or a designee shall notify the parties of the determination. A
20 decision to hold or not hold a hearing is not appealable. The
21 executive director or a designee may admit into evidence
22 testimony, evidence and documents that the executive director or
23 a designee believes to be reasonably probative and relevant. The
24 executive director or a designee may limit the nature and extent
25 of evidence found to be cumulative.
26 (e) Mediation.--At any time during proceedings under this
27 section, the executive director of the Office of Open Records or
28 a designee may recommend that both parties participate in
29 mediation conducted by the Office of Open Records. If both
30 parties agree, the mediation shall last for a period of up to 90
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1 calendar days and may be extended with the agreement of both
2 parties. During the mediation, any other proceedings under this
3 section shall be stayed.
4 (f) Final opinion.--The executive director of the Office of
5 Open Records or a designee shall issue a final opinion either
6 granting or denying the petition within 90 calendar days of the
7 petition's filing. Upon a grant of the petition, the executive
8 director or a designee may provide appropriate relief
9 commensurate with the vexatious conduct, including an order that
10 the agency need not comply with future requests from the
11 vexatious requester for a specified period of time, but not to
12 exceed one year. The final opinion shall be posted on the Office
13 of Open Record's publicly accessible Internet website.
14 (g) Appeal to Commonwealth Court.--Except for a decision
15 under subsection (b) or (d), a party aggrieved by a decision
16 made under this section may appeal the decision to Commonwealth
17 Court within 15 calendar days.
18 Section 2. This act shall take effect in 60 days.
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Statutes/Laws affected: Printer's No. 0699: P.L.6, No.3