H2524B3002A04115 JKL:EJH 04/26/22 #90 A04115
AMENDMENTS TO HOUSE BILL NO. 2524
Sponsor: REPRESENTATIVE SCHMITT
Printer's No. 3002
Amend Bill, page 2, line 11, by striking out "the use of a
record by an" and inserting
:
(i) the use of a record by an
Amend Bill, page 2, line 16, by striking out the period after
"broadcast" and inserting
; or
(ii) a request for records from an attorney on
behalf of a client if the records are not obtained for
the purpose of selling, reselling or solicitation by the
attorney or client or used by the client for a purpose
under subparagraph (i).
Amend Bill, page 4, by inserting between lines 6 and 7
"Row office." The Office of Attorney General, the Department
of the Auditor General or the Treasury Department.
* * *
Amend Bill, page 6, line 14, by inserting after "services"
, including, but not limited to
Amend Bill, page 7, line 14, by inserting after "inmate"
or inmate's case
Amend Bill, page 7, line 30, by striking out "is" and
inserting
may be
Amend Bill, page 17, lines 16 through 21, by striking out all
of said lines and inserting
(d) Processing requests.--Upon receipt of a petition under
subsection (a), the executive director of the Office of Open
Records or a designee shall:
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(1) Within five business days, notify the requester
alleged to be a vexatious requester that the requester may,
within 10 business days, file a preliminary response to the
petition.
(2) Within 15 business days, inform the agency whether
pending requests and new requests from the requester alleged
to be a vexatious requester should continue to be processed
or should be stayed pending resolution of the proceedings
under this section. A decision under this paragraph is not
appealable.
Amend Bill, page 22, line 30, by inserting after "agency"
where it occurs the first time
other than a row office
Amend Bill, page 23, line 25, by inserting after "agency"
where it occurs the first time
other than a row office
Amend Bill, page 24, lines 23 and 24, by striking out "a
subsection" and inserting
subsections
Amend Bill, page 25, by inserting between lines 9 and 10
(i) Records to be used for a commercial purpose.--The
following apply:
(1) In responding to a request for records that will be
used for a commercial purpose, an agency may charge a
requester additional standard fees for the search, retrieval,
review, redaction and duplication of the records. The fees
shall be calculated at no more than the hourly wage of the
lowest-paid public employee of the agency who is capable of
searching, retrieving, reviewing, redacting or duplicating
the information necessary to comply with the request.
(2) Prior to granting a commercial request, the agency,
upon request, shall provide the requester with an estimate of
the fees to be incurred by the agency in fulfilling the
request.
(3) Paragraph (1) shall not apply to the following:
(i) A request for records subject to the fees under
subsection (b)(4).
(ii) A request for records subject to fees
established in laws or regulations of this Commonwealth
not subject to this act.
(iii) A request for records from an attorney on
behalf of a client if records are not obtained for the
purpose of selling, reselling or solicitation by the
attorney or the client or used by the client for a
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commercial purpose.
(j) Alternative fee arrangement.--An agency and a requester
may enter into a contract, memorandum of understanding or other
agreement that provides an alternative fee arrangement to the
fees authorized under this section. An agreement under this
subsection shall be public.
(k) Appeals.--A fee charged under this section may be
appealed to the Office of Open Records.
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