S0444B2226A09674 MSP:NLH 09/22/14 #90 A09674







Printer's No. 2226


1Amend Bill, page 1, line 15, by inserting after "general,"

2 for extension of time,

3Amend Bill, page 1, line 18, by inserting after "contracts"

4 and for applicability

5Amend Bill, page 1, line 23, by striking out "information""
6and inserting

7 information," "requester"

8Amend Bill, page 2, line 12, by inserting after "of"

9 commercial

10Amend Bill, page 3, lines 8 through 18, by striking out all
11of said lines and inserting

12"Local agency." Any of the following:

13(1) Any political subdivision, intermediate unit,
14charter school, cyber charter school or public trade or
15vocational school.

16(2) Any local, intergovernmental, regional or municipal
17agency, authority, council, board, commission or similar
18governmental entity. This paragraph includes an economic 
19development authority and an industrial development 
20authority. The term does not include an office of an elected 
21tax collector.

22(3) Any campus police department of a State-owned or
23State-related college or university.

24Amend Bill, page 3, line 25, by inserting after "authority;"

25 employee benefit election information;

26Amend Bill, page 3, by inserting between lines 27 and 28

27"Requester." A person that is a legal resident of [the 
28United States] this Commonwealth and requests a record pursuant 
29to this act. The term includes an agency.

30* * *

1Amend Bill, page 4, line 30, by striking out "Commonwealth" 
2and inserting

3 local

4Amend Bill, page 7, line 12, by inserting after "institution"

5 or the Department of Corrections

6Amend Bill, page 8, line 23, by striking out "agency's"

7Amend Bill, page 8, line 23, by inserting after "officer"

8 of the agency that received the request

9Amend Bill, page 8, line 24, by inserting a bracket before

11Amend Bill, page 8, line 24, by inserting after "should"

12] shall include the physical mailing address of the 
13requester, shall

14Amend Bill, page 10, by inserting between lines 12 and 13

15(e) Home address.--If a request includes a home address of
16an employee of the agency, the agency must notify the subject of
17the request at least 14 days prior to release of the record. If
18the subject of the request notifies the agency that the
19exception under section 708(b)(1)(ii) applies, the agency shall
20determine if the home address shall be withheld.

21Amend Bill, page 10, line 23, by striking out "public" and 

23 municipal

24Amend Bill, page 11, lines 6 through 17, by striking out all
25of said lines

26Amend Bill, page 12, line 13, by inserting after "to"

27 or for the benefit of

28Amend Bill, page 14, line 3, by striking out "streets" and 

30 street

31Amend Bill, page 14, line 5, by striking out "bank account 
32numbers, bank" and inserting

1 financial institution account numbers,

2Amend Bill, page 14, line 6, by striking out "or" and 

4 and

5Amend Bill, page 14, line 27, by inserting after "901"

6, 902

7Amend Bill, page 15, by inserting between lines 17 and 18

8Section 902. Extension of time.

9(a) Determination.--Upon receipt of a written request for
10access, the open-records officer for an agency shall determine
11if one of the following applies:

12(1) the request for access requires redaction of a
13record in accordance with section 706;

14(2) the request for access requires the retrieval of a
15record stored in a remote location;

16(3) a timely response to the request for access cannot
17be accomplished due to bona fide and specified staffing

19(4) a legal review is necessary to determine whether the
20record is a record subject to access under this act;

21(5) the requester has not complied with the agency's
22policies regarding access to records;

23(6) the requester refuses to pay applicable fees
24authorized by this act; [or]

25(7) the extent or nature of the request precludes a
26response within the required time period[.];

27(8) time is required to provide notice under section

29(b) Notice.--

30(1) Upon a determination that one of the factors listed
31in subsection (a) applies, the open-records officer shall
32send written notice to the requester within five business
33days of receipt of the request for access under subsection

35(2) The notice shall include a statement notifying the
36requester that the request for access is being reviewed, the
37reason for the review, a reasonable date that a response is
38expected to be provided and an estimate of applicable fees
39owed when the record becomes available. If the date that a
40response is expected to be provided is in excess of 30 days,
41following the five business days allowed for in section 901,
42the request for access shall be deemed denied unless the
43requester has agreed in writing to an extension to the date
44specified in the notice.

45(3) If the requester agrees to the extension, the
46request shall be deemed denied on the day following the date

1specified in the notice if the agency has not provided a
2response by that date.

3Amend Bill, page 15, line 26, by inserting after "postmark"

4 or e-mail

5Amend Bill, page 18, line 3, by striking out "under 
6subsection (c)"

7Amend Bill, page 19, line 16, by inserting after "search,"

8 retrieval,

9Amend Bill, page 19, by inserting between lines 22 and 23

10(3) A fee may not be charged under paragraph (2) for the
11first hour of search and retrieval time for all commercial
12requests from a single requester in a 90-day period.

13Amend Bill, page 22, by inserting between lines 6 and 7

14(3) The executive director shall promulgate regulations
15to administer this act. Initial rulemaking under this
16paragraph shall be initiated by July 1, 2015.

17Amend Bill, page 22, line 20, by inserting a bracket before

19Amend Bill, page 22, line 20, by inserting after "Reporting."

20] Filing.

21Amend Bill, page 22, line 26, by inserting a bracket before

23Amend Bill, page 22, line 26, by inserting after "report."

24] filing.

25Amend Bill, page 22, line 27, by inserting a bracket before

27Amend Bill, page 22, line 27, by inserting after "report"

28] filing

29Amend Bill, page 23, line 12, by inserting after "(2)."

30 Faculty members' salaries shall be presented in salary

32Amend Bill, page 23, line 13, by inserting a bracket before


2Amend Bill, page 23, line 13, by inserting after "report"

3] filing

4Amend Bill, page 29, line 20, by striking out "reports" and 

6 filings

7Amend Bill, page 30, line 13, by striking out "a section" and 

9 sections

10Amend Bill, page 30, lines 15 through 30; page 31, line 1, by
11striking out all of said lines on said pages and inserting

12(a) Scope.--By May 30 of each year, a State-related
13institution shall file with the Governor's Office, the Secretary
14of the Senate, the Chief Clerk of the House of Representatives
15and the State Library an annual list of contracts in excess of
16$5,000 for the purchase of all goods and third-party services.

17(b) Contents.--The list shall include all of the following:

18(1) Date of execution.

19(2) Amount of the contract.

20(3) Beginning date of the contract.

21(4) End date of the contract, if applicable.

22(5) The name and address of the vendor.

23(6) Subject matter of the contract.

24(c) Privilege.--This section shall not apply to a contract
25for services protected by a privilege.

26(d) Evidence.--This section:

27(1) shall apply to a purchase order evidencing new
28obligations; but

29(2) shall not apply to a purchase order evidencing
30fulfillment of an existing contract.

31(e) Posting.--Information under this section shall be posted
32and maintained on the institution's Internet website.

33Amend Bill, page 31, line 4, by striking out the comma after 
34"1503" and inserting

35 and

36Amend Bill, page 31, line 5, by striking out "and 1505"


See A09674 in
the context
of SB0444