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.

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
 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      access, further providing for requests; in procedure, further
11      providing for exceptions for public records; and, in judicial
12      review, further providing for fee limitations.
13      The General Assembly of the Commonwealth of Pennsylvania
14   hereby enacts as follows:
15      Section 1.        Section 506(b)(1) of the act of February 14, 2008
16   (P.L.6, No.3), known as the Right-to-Know Law, is amended to
17   read:
18   Section 506.     Requests.
19      * * *
20      (b)   Disaster or potential damage.--
21            (1)   An agency may deny a requester access:
22                  (i)    when timely access is not possible due to fire,
 1            flood or other disaster; or
 2                   (ii)   to historical, ancient or rare documents,
 3            records, archives and manuscripts when access may, in the
 4            professional judgment of the curator or custodian of
 5            records, cause physical damage or irreparable harm to the
 6            record[.], including records in the State Archives which
 7            are publicly available under policies approved by the
 8            Pennsylvania Historical and Museum Commission.
 9            * * *
10      Section 2.      Section 708(b)(24) of the act is amended and the
11   subsection is amended by adding a paragraph to read:
12   Section 708.      Exceptions for public records.
13      * * *
14      (b)   Exceptions.--Except as provided in subsections (c) and
15   (d), the following are exempt from access by a requester under
16   this act:
17            * * *
18            (24)    Library [archived], archives, and museum
19      materials[,]; or valuable or rare book collections or
20      documents contributed by gift, grant, bequest or devise, to
21      the extent of any limitations imposed by the donor as a
22      condition of the contribution.
23            * * *
24            (31)    Digital reproductions, digital indices and
25      resulting metadata or other digital work products created by
26      a third party using public records in the possession of an
27      agency, even if the agency possesses the digital
28      reproductions, indices, metadata or work products, unless
29      expressly agreed to in writing by the third party.
30      * * *

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 1      Section 3.    Section 1307(b)(2) of the act is amended to read:
 2   Section 1307.    Fee limitations.
 3      * * *
 4      (b)   Duplication.--
 5            * * *
 6            (2)   The fees must be reasonable and based on prevailing
 7      fees for comparable duplication services for contemporary
 8      mediums provided by local business entities or the prevailing
 9      fees for comparable duplication of historical, ancient or
10      rare documents and manuscripts.
11            * * *
12      Section 4.    This act shall take effect in 60 days.




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