THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PICCOLA, SCARNATI, BRUBAKER, BROWNE, DINNIMAN, LEACH, SMUCKER, McILHINNEY, ERICKSON, CORMAN, D. WHITE, ROBBINS, GORDNER, ORIE, TOMLINSON, KASUNIC, BOSCOLA, BREWSTER, MENSCH, WAUGH, ARGALL, GREENLEAF, RAFFERTY, SCHWANK, ALLOWAY, EICHELBERGER AND PIPPY, JUNE 3, 2011

REFERRED TO FINANCE, JUNE 3, 2011  

AN ACT

Amending Title 24 (Education) of the Pennsylvania Consolidated

Statutes, further providing for definitions and for

administrative duties of board.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 8102 of Title 24 of the Pennsylvania

Consolidated Statutes is amended by adding definitions to read:

§ 8102.  Definitions.

The following words and phrases when used in this part shall

have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

* * *

"Active employee association."  A membership organization

that is all of the following:

(1)  Incorporated in this Commonwealth with a governing

body consisting of active members.

(2)  Classified as a nonprofit organization under section

501(c) of the Internal Revenue Code of 1986 (Public Law

99-514, 26 U.S.C. § 501(c)).

(3)  Supported with the self-payment of membership dues

by at least 15% of the active members of the system.

* * *

"Annuitant association."  A voluntary membership

organization that is all of the following:

(1)  Incorporated in this Commonwealth with a governing

body consisting exclusively of annuitants.

(2)  Classified as a nonprofit organization under section

501(c)(4) of the Internal Revenue Code of 1986 (Public Law

99-514, 26 U.S.C. § 501(c)(4)).

(3)  Supported with the self-payment of membership dues

in retirement by at least 15% of the annuitant members of the

system.

* * *

Section 2.  Section 8502 of Title 24 is amended by adding

subsections to read:

§ 8502.  Administrative duties of board.

* * *

(q)  Information to active employee and annuitant

associations.--

(1)  An active employee association or annuitant

association shall be entitled to receive from the board

members' names and home addresses for the purpose of

promoting membership in the active employee association or

annuitant association. In addition to all other information

made available to the public under the laws of this

Commonwealth, including the act of February 14, 2008 (P.L.6,

No.3), known as the Right-to-Know Law, and that is available

in electronic form the board shall provide to an active

employee association and annuitant association the members'

names and home addresses. The board shall not make available

to the public or to active employee associations and

annuitant associations the name and home address of a

member's designated beneficiary.

(2)  Within 30 days of the effective date of this

subsection, the board shall provide to all members written

notice of the disclosure of information pursuant to this

subsection and an opportunity to refuse to allow the

disclosure. Members shall have 90 days to respond to this

notice, and no information shall be transmitted to an active

employee or annuitant association under this subsection until

the conclusion of that period. With the application for entry

into the system, each new member shall be given notice of the

disclosure pursuant to this subsection and an opportunity to

refuse to allow disclosure. The board shall establish a

procedure for timely processing of the requests of members

who wish to change the protected status of their information.

If any member refuses to allow disclosure, the member's

information shall not be subject to disclosure under this

subsection.

(3)  The board shall produce and transmit either

electronically or by mail the member information subject to

disclosure under paragraph (1) to each active employee

association and annuitant association by the tenth day of

each month for the preceding month unless the association

shall consent to a less frequent schedule for production and

transmittal of the information, if the active employee

association or annuitant association reimburses the board for

the actual or reasonable cost the board incurs each month in

providing the information.

(4)  Any information or records provided to an active

employee association or annuitant association under this

subsection shall be held in confidence by that association

and any individual employed by or associated with that

association. No active employee association or annuitant

association may give, transfer, sell or, in any other manner,

distribute to any person or entity outside the active

employee association or annuitant association the information

for any individual member obtained under this subsection. The

information and records shall not be open to examination for

any purpose not directly connected with the administration of

the services specified as the purpose under paragraph (1).

(5)  Except as otherwise set forth under this subsection,

nothing under this subsection shall be construed to limit the

use by an active employee association or annuitant

association of any information on active employees or

annuitants who elect membership in the active employee

association or annuitant association.

(r)  Civil relief against active employee associations and

annuitant associations.--

(1)  The Office of Attorney General or any active

employee or annuitant may bring civil action against an

active employee association or annuitant association which

intentionally violates subsection (q).

(2)  In addition to any other remedy provided by law, the

Attorney General or an active employee or an annuitant

bringing an action under this subsection may:

(i)  Seek injunctive relief to restrain the active

employee association or annuitant association from

distributing the records or information.

(ii)  Recover actual damages arising from the willful

violation by an active employee association or an

annuitant association.

(iii)  Seek both injunctive relief and recovery of

damages as provided by this subsection.

Section 3.  This act shall take effect in 60 days.