S0411B1154A03552 AJM:EJH 10/06/15 #90 A03552
AMENDMENTS TO SENATE BILL NO. 411
Sponsor: SENATOR PILEGGI
Printer's No. 1154
Amend Bill, page 1, line 12, by inserting after "access,"
further providing for open-records officer, for regulations and
policies and for requests, and
Amend Bill, page 1, lines 27 and 28; page 2, lines 1 through
4; by striking out all of said lines on said pages and inserting
Section 1. The definitions of "independent agency," "local
agency," "personal financial information" and "State-affiliated
entity" in section 102 of the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law, are amended and the
section is amended by adding definitions to read:
Amend Bill, page 2, lines 24 through 30, by striking out all
of said lines
Amend Bill, page 3, by inserting between lines 4 and 5
"Inmate." An individual currently incarcerated, after having
been sentenced by a court of competent jurisdiction, in a
Federal, State or county correctional facility or prison.
Amend Bill, page 3, line 24, by inserting after
"information;"
individual employee contributions to retirement plans and
investment options; individual employee contributions to health
care benefits and other benefits; individual employee
contributions to charitable organizations;
Amend Bill, page 3, lines 27 through 30, by striking out all
of said lines
Amend Bill, page 5, line 1, by striking out "sections" and
inserting
a section
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Amend Bill, page 5, by inserting between lines 5 and 6
Section 3. Sections 502 and 504 of the act are amended by
adding subsections to read:
Section 502. Open-records officer.
* * *
(c) Agency registration.--An agency shall register its open-
records officer with the Office of Open Records in a manner
prescribed by the Office of Open Records.
Section 504. Regulations and policies.
* * *
(c) Home address of agency employees.--
(1) Each Commonwealth agency and local agency shall
develop a policy allowing an employee to notify the agency
that the employee believes the exception under section 708(b)
(1)(ii) or any other exception applies to the employee's home
address.
(2) The agency shall review each notification under this
subsection and inform the employee of its decision.
(3) The agency is not required to notify:
(i) an employee of the policy under this subsection
more than once per year; or
(ii) a previously notified employee while responding
to a request under this act.
Section 4. Section 506(a) of the act is amended by adding a
paragraph to read:
Section 506. Requests.
(a) Disruptive requests.--
(1) An agency may deny a requester access to a record if
the requester has made repeated requests for that same record
and the repeated requests have placed an unreasonable burden
on the agency.
(1.1) An agency may deny a request to a party to
litigation when the request:
(i) is material to a pending civil action or
proceeding to which the agency is a party and the
Pennsylvania Rules of Civil Procedure or the Federal
Rules of Civil Procedure apply; or
(ii) was previously made in litigation discovery.
(2) A denial under this subsection shall not restrict
the ability to request a different record.
* * *
Section 5. The act is amended by a adding a section to read:
Amend Bill, page 5, line 12, by striking out the colon after
"facility" and inserting
and if there are no other policies or procedures in place
for the inmate to obtain the requested information:
Amend Bill, page 6, line 3, by striking out "3" and inserting
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Amend Bill, page 8, lines 19 through 21, by striking out
"that shall provide a checkoff for the" in line 19, all of line
20 and "commercial purpose" in line 21
Amend Bill, page 8, lines 24 through 29, by striking out all
of said lines
Amend Bill, page 8, line 30, by striking out "4" and
inserting
7
Amend Bill, page 8, line 30, by striking out "708(b)(10)(i)"
and inserting
708(b)(6), (10)(i)
Amend Bill, page 9, lines 13 through 17, by striking out "The
authority, municipality or cooperative" in line 13, all of lines
14 through 16 and "be charged." in line 17
Amend Bill, page 9, lines 20 and 21, by striking out "If
funds are owed, the amount of the" in line 20 and all of line 21
and inserting
(6) (i) The following personal identification
information:
(A) A record containing all or part of a
person's Social Security number, driver's license
number, personal financial information, home,
cellular or personal telephone numbers, personal e-
mail addresses, employee number or other confidential
personal identification number.
(B) A spouse's name, marital status or
beneficiary or dependent information, including the
number, names and ages of an employee's dependents.
(C) The home address of a law enforcement
officer or judge.
(ii) Nothing in this paragraph shall preclude the
release of the name, position, salary, actual
compensation or other payments or expenses, employment
contract, employment-related contract or agreement and
length of service of a public official or an agency
employee.
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(iii) An agency may redact the name or other
identifying information relating to an individual
performing an undercover or covert law enforcement
activity from a record.
(iv) Nothing in this paragraph shall prevent the
disclosure of aggregated data of employer or employee
costs related to retirement benefits, health care
benefits or other benefits or the disclosure of options
made available to employees regarding retirement, health
care or other benefits plans.
Amend Bill, page 9, line 24, by striking out ", contains or
includes"
Amend Bill, page 10, line 26, by striking out the bracket
before "A"
Amend Bill, page 10, lines 26 and 27, by striking out "]
Except for a safety inspection report made pursuant to Federal
or State law, a"
Amend Bill, page 11, by inserting between lines 26 and 27
This paragraph shall not apply to a final safety
inspection report made pursuant to law or regulation.
Amend Bill, page 13, line 1, by striking out "5" and
inserting
8
Amend Bill, page 14, line 10, by striking out "707(e)" and
inserting
504(c)
Amend Bill, page 14, line 21, by inserting a bracket before
"If"
Amend Bill, page 14, line 26, by inserting after "notice."
] The request for access shall be deemed denied if the
agency fails to send a response within 30 days following the
five business days allowed for in section 901, unless the
requester has agreed in writing to an additional extension
beyond 30 days.
Amend Bill, page 15, line 14, by inserting a bracket after
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"shall"
Amend Bill, page 15, line 16, by inserting a bracket before
the period after "request"
Amend Bill, page 15, line 16, by inserting after "request.]"
and shall
Amend Bill, page 15, lines 19 and 20, by striking out all of
line 19 and "(D)" in line 20 and inserting
(C)
Amend Bill, page 15, by inserting between lines 24 and 25
(iv) The office may order a requester who fails to
include the information under subparagraph (ii) to
provide the required information.
Amend Bill, page 16, line 6, by striking out "held" and
inserting
ordered
Amend Bill, page 16, line 9, by inserting after "to"
a court of common pleas, the
Amend Bill, page 16, line 10, by inserting after "Court"
or the Supreme Court
Amend Bill, page 16, lines 10 and 11, by striking out "appeal
until" in line 10 and all of line 11 and inserting
office's opinion until the appeal is decided.
Amend Bill, page 16, line 18, by inserting a bracket before
"of"
Amend Bill, page 16, line 18, by inserting after "decision"
] containing findings of fact and conclusions of law
Amend Bill, page 16, by inserting between lines 19 and 20
(4) If an appeals officer designated under section 503
does not have jurisdiction to hear an appeal but another
appeals officer has jurisdiction, the appeals officer shall
transfer the appeal to the other appeals officer with
jurisdiction over the matter.
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Amend Bill, page 17, line 8, by striking out "6" and
inserting
9
Amend Bill, page 17, lines 18 and 19, by striking out ", in
which case the appeals officer may extend the deadline in
section 1101(b)(1) by up to 90 days"
Amend Bill, page 17, line 26, by inserting a bracket before
"(3)"
Amend Bill, page 17, line 26, by inserting a bracket after
"appropriate."
Amend Bill, page 18, line 1, by inserting after "record"
and a privilege or exemption log
Amend Bill, page 18, line 3, by striking out "7" and
inserting
10
Amend Bill, page 18, line 22, by striking out "8" and
inserting
11
Amend Bill, page 18, line 23, by striking out "a subsection"
and inserting
subsections
Amend Bill, page 19, by inserting between lines 15 and 16
(i) Appeal.--A fee charged under this act shall be
appealable to the Office of Open Records.
Amend Bill, page 19, line 16, by striking out "9" and
inserting
12
Amend Bill, page 21, line 23, by inserting after "payroll"
, leave and benefits, budget, information technology
Amend Bill, page 21, line 27, by striking out "2015" and
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inserting
2016
Amend Bill, page 22, line 3, by striking out "case" and
inserting
proceeding before the office
Amend Bill, page 22, lines 8 through 10, by striking out all
of said lines
Amend Bill, page 30, line 10, by striking out "10" and
inserting
13
Amend Bill, page 31, line 3, by striking out "11" and
inserting
14
Amend Bill, page 31, line 5, by striking out "2015" and
inserting
2016
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