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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 977, 1174                PRINTER'S NO. 4638

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 854 Session of 2005


        INTRODUCED BY RUBLEY, NICKOL, ARGALL, BELARDI, CALTAGIRONE,
           CLYMER, CRAHALLA, FRANKEL, GEIST, GEORGE, GOODMAN, HENNESSEY,
           HERSHEY, M. KELLER, MANN, R. MILLER, MUSTIO, NAILOR, ROSS,
           SCHRODER, E. Z. TAYLOR, TIGUE, TRUE, WALKO, WANSACZ, WATSON,
           BOYD, HABAY, KILLION, YOUNGBLOOD, MILLARD, HARPER, BROWNE AND
           THOMAS, MARCH 14, 2005

        SENATOR LEMMOND, STATE GOVERNMENT, IN SENATE, AS AMENDED,
           SEPTEMBER 26, 2006

                                     AN ACT

     1  Prohibiting the release of certain records by government
     2     agencies; and imposing penalties.

     3     The General Assembly of the Commonwealth of Pennsylvania
     4  hereby enacts as follows:
     5  Section 1.  Short title.                                          <--
     6     This act shall be known and may be cited as the Terrorism
     7  Infrastructure Disclosure Protection Act.
     8  Section 2.  Definitions.
     9     The following words and phrases when used in this act shall
    10  have the meanings given to them in this section unless the
    11  context clearly indicates otherwise:
    12     "Agency."  Any house, office, department, board or commission
    13  of the executive or legislative departments of the Commonwealth,
    14  any political subdivision of this Commonwealth, the Pennsylvania
    15  Turnpike Commission, the State System of Higher Education or any

     1  State or municipal authority or similar organization created by
     2  or pursuant to a statute which declares in substance that such
     3  organization performs or has for its purpose the performance of
     4  an essential governmental function.
     5     "Dangerous to human life or property."  A violent act or an
     6  act which is intended to or likely to cause death, serious
     7  bodily injury or mass destruction.
     8     "Mass destruction."  An act which is intended to or likely to
     9  destroy or cause serious damage to transportation-related
    10  infrastructure or facilities, energy-related infrastructure or
    11  facilities, public or private buildings, places of public
    12  accommodation or public works under circumstances evincing
    13  depraved indifference to human life or property.
    14     "Public utility."  An entity owned by a person, municipality
    15  or municipal authority which provides, distributes, purifies,
    16  generates or refines water, electricity, natural gas or home
    17  heating oil or which removes, purifies or stores wastewater or
    18  storm water. The term shall include, but not be limited to,
    19  electric power generation facility.
    20     "Record."  A document maintained by an agency in any form.
    21  The term includes all of the following:
    22         (1)  A vulnerability assessment which is submitted to the
    23     Environmental Protection Agency or any other Federal, State
    24     or local agency.
    25         (2)  An emergency response plan which is submitted to the
    26     Department of Environmental Protection, the Pennsylvania
    27     Public Utility Commission or any other Federal, State or
    28     local agency.
    29         (3)  A plan, map or other drawing which shows the
    30     location of community drinking water wells and surface water
    20050H0854B4638                  - 2 -     

     1     intakes.
     2         (4)  A security plan, security procedure or risk
     3     assessment prepared specifically for the purpose of
     4     preventing or for protection against sabotage or criminal or
     5     terrorist acts and which depend, whether in whole or in part,
     6     upon a lack of general public knowledge of its details for
     7     their effectiveness.
     8         (5)  A document, including financial statements, which
     9     relates to the existence, nature, location or function of a
    10     security device designed to protect against sabotage or
    11     criminal or terrorist acts and which devices depend, whether
    12     in whole or in part, upon a lack of general public knowledge
    13     of its details for their effectiveness.
    14         (6)  A document, including any blueprint, map, schematic
    15     drawing, photograph or other material, which relates to the
    16     location or structural design of critical systems such as
    17     structural support, communications, electrical systems,
    18     ventilation, distribution, wastewater treatment or storage
    19     which if made public could compromise security against
    20     sabotage or criminal or terrorist acts.
    21     "Terrorist act."  Any act or acts constituting a violent
    22  offense intended to:
    23         (1)  intimidate or coerce a civilian population;
    24         (2)  influence the policy of a government by intimidation
    25     or coercion; or
    26         (3)  affect the conduct of a government.
    27     "Violent offense."  An offense under 18 Pa.C.S. Part II
    28  (relating to definition of specific offenses), including an
    29  attempt, conspiracy or solicitation to commit any such offense,
    30  which is punishable by imprisonment of more than one year and
    20050H0854B4638                  - 3 -     

     1  involves an act dangerous to human life or property.
     2  Section 3.  Prohibition.
     3     An agency shall not release, publish or otherwise disclose a
     4  record which would do any of the following:
     5         (1)  Endanger public safety or property.
     6         (2)  Endanger a person's security or property.
     7         (3)  Disclose or compromise the protection of a public
     8     utility.
     9  Section 4.  Penalties.
    10     A public official or public employee who violates this act
    11  with the intent and purpose of violating this act commits a
    12  misdemeanor of the second degree subject to prosecution by the
    13  Attorney General and shall, upon conviction, be sentenced to pay
    14  a fine of not more than $5,000 plus costs of prosecution and to
    15  a term of imprisonment not to exceed two years.
    16  Section 5.  Repeal.
    17     All acts and parts of acts are repealed insofar as they are
    18  inconsistent with this act.
    19  Section 6.  Effective date.
    20     This act shall take effect in 60 days.
    21  SECTION 1.  SHORT TITLE.                                          <--
    22     THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE PUBLIC
    23  UTILITY CONFIDENTIAL SECURITY INFORMATION DISCLOSURE PROTECTION
    24  ACT.
    25  SECTION 2.  DEFINITIONS.
    26     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
    27  HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    28  CONTEXT CLEARLY INDICATES OTHERWISE:
    29     "AGENCY."  ANY HOUSE, OFFICE, DEPARTMENT, BOARD OR COMMISSION
    30  OF THE EXECUTIVE DEPARTMENTS OF THE COMMONWEALTH, ANY POLITICAL
    20050H0854B4638                  - 4 -     

     1  SUBDIVISION OF THE COMMONWEALTH, THE PENNSYLVANIA TURNPIKE
     2  COMMISSION, THE STATE SYSTEM OF HIGHER EDUCATION OR ANY STATE OR
     3  MUNICIPAL AUTHORITY OR SIMILAR ORGANIZATION CREATED BY OR
     4  PURSUANT TO A STATUTE WHICH DECLARES IN SUBSTANCE THAT SUCH
     5  ORGANIZATION PERFORMS OR HAS FOR ITS PURPOSE THE PERFORMANCE OF
     6  AN ESSENTIAL GOVERNMENTAL FUNCTION.
     7     "CONFIDENTIAL SECURITY INFORMATION."  A RECORD OR PORTIONS
     8  THEREOF MAINTAINED BY AN AGENCY IN ANY FORM. THE TERM SHALL
     9  INCLUDE, BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING:
    10         (1)  A VULNERABILITY ASSESSMENT WHICH IS SUBMITTED TO THE
    11     ENVIRONMENTAL PROTECTION AGENCY OR ANY OTHER FEDERAL, STATE
    12     OR LOCAL AGENCY.
    13         (2)  PORTIONS OF EMERGENCY RESPONSE PLANS THAT ARE
    14     SUBMITTED TO THE DEPARTMENT OF ENVIRONMENTAL PROTECTION, THE
    15     PENNSYLVANIA PUBLIC UTILITY COMMISSION OR ANY OTHER FEDERAL,
    16     STATE OR LOCAL AGENCY DEALING WITH RESPONSE PROCEDURES OR
    17     PLANS PREPARED TO PREVENT OR RESPOND TO EMERGENCY SITUATIONS,
    18     THE DISCLOSURE OF WHICH WOULD REVEAL VULNERABILITY
    19     ASSESSMENTS, SPECIFIC TACTICS, SPECIFIC EMERGENCY PROCEDURES
    20     OR SPECIFIC SECURITY PROCEDURES. NOTHING IN THIS TERM SHALL
    21     BE CONSTRUED TO RELIEVE A PUBLIC UTILITY FROM ITS PUBLIC
    22     NOTIFICATION OBLIGATIONS FOR IMMINENT THREAT VIOLATIONS AND
    23     SITUATIONS IN ACCORDANCE WITH OTHER APPLICABLE FEDERAL AND
    24     STATE LAWS.
    25         (3)  A PLAN, MAP OR OTHER DRAWING OR DATA WHICH SHOWS THE
    26     LOCATION OR REVEALS LOCATION DATA ON COMMUNITY DRINKING WATER
    27     WELLS AND SURFACE WATER INTAKES.
    28         (4)  A SECURITY PLAN, SECURITY PROCEDURE OR RISK
    29     ASSESSMENT PREPARED SPECIFICALLY FOR THE PURPOSE OF
    30     PREVENTING OR FOR PROTECTION AGAINST SABOTAGE OR CRIMINAL OR
    20050H0854B4638                  - 5 -     

     1     TERRORIST ACTS.
     2         (5)  SPECIFIC INFORMATION, INCLUDING PORTIONS OF
     3     FINANCIAL STATEMENTS, ABOUT SECURITY DEVICES OR PERSONNEL,
     4     DESIGNED TO PROTECT AGAINST SABOTAGE OR CRIMINAL OR TERRORIST
     5     ACTS.
     6     "DANGEROUS TO HUMAN LIFE OR PROPERTY."  A VIOLENT ACT OR AN
     7  ACT WHICH IS INTENDED TO OR LIKELY TO CAUSE DEATH, SERIOUS
     8  BODILY INJURY OR MASS DESTRUCTION.
     9     "FACILITIES."  ALL THE PLANT AND EQUIPMENT OF A PUBLIC
    10  UTILITY, INCLUDING ALL TANGIBLE AND INTANGIBLE REAL AND PERSONAL
    11  PROPERTY WITHOUT LIMITATION, AND ANY AND ALL MEANS AND
    12  INSTRUMENTALITIES IN ANY MANNER OWNED, OPERATED, LEASED,
    13  LICENSED, USED, CONTROLLED, FURNISHED OR SUPPLIED FOR, BY OR IN
    14  CONNECTION WITH THE BUSINESS OF ANY PUBLIC UTILITY. THE TERM
    15  SHALL ALSO INCLUDE ELECTRIC POWER GENERATION.
    16     "MASS DESTRUCTION."  AN ACT WHICH IS INTENDED TO OR LIKELY TO
    17  DESTROY OR CAUSE SERIOUS DAMAGE TO FACILITIES, PUBLIC OR PRIVATE
    18  BUILDINGS, PLACES OF PUBLIC ACCOMMODATION OR PUBLIC WORKS UNDER
    19  CIRCUMSTANCES EVINCING DEPRAVED INDIFFERENCE TO HUMAN LIFE OR
    20  PROPERTY.
    21     "PUBLIC UTILITY."  ANY PERSON, CORPORATION, MUNICIPALITY OR
    22  MUNICIPAL AUTHORITY NOW OR HEREAFTER OWNING OR OPERATING IN THIS
    23  COMMONWEALTH EQUIPMENT OR FACILITIES FOR:
    24             (I)  PRODUCING, GENERATING, TRANSMITTING,
    25         DISTRIBUTING OR FURNISHING NATURAL OR ARTIFICIAL GAS,
    26         ELECTRICITY OR STEAM FOR THE PRODUCTION OF LIGHT, HEAT OR
    27         POWER TO THE PUBLIC FOR COMPENSATION. THE TERM SHALL ALSO
    28         INCLUDE ELECTRIC POWER GENERATION.
    29             (II)  DIVERTING, DEVELOPING, PUMPING, IMPOUNDING,
    30         DISTRIBUTING OR FURNISHING WATER TO OR FOR THE PUBLIC FOR
    20050H0854B4638                  - 6 -     

     1         COMPENSATION.
     2             (III)  USING A CANAL, TURNPIKE, TUNNEL, BRIDGE, WHARF
     3         AND THE LIKE FOR THE PUBLIC FOR COMPENSATION.
     4             (IV)  TRANSPORTING OR CONVEYING NATURAL OR ARTIFICIAL
     5         GAS, CRUDE OIL, GASOLINE OR PETROLEUM PRODUCTS, MATERIALS
     6         FOR REFRIGERATION OR OXYGEN OR NITROGEN OR OTHER FLUID
     7         SUBSTANCE, BY PIPELINE OR CONDUIT, FOR THE PUBLIC FOR
     8         COMPENSATION.
     9             (V)  CONVEYING OR TRANSMITTING MESSAGES OR
    10         COMMUNICATIONS BY TELEPHONE OR TELEGRAPH OR DOMESTIC
    11         PUBLIC LAND MOBILE RADIO SERVICE, INCLUDING, BUT NOT
    12         LIMITED TO, POINT-TO-POINT MICROWAVE RADIO SERVICE FOR
    13         THE PUBLIC FOR COMPENSATION.
    14             (VI)  COLLECTING, TREATING OR DISPOSING SEWAGE FOR
    15         THE PUBLIC FOR COMPENSATION.
    16             (VII)  TRANSPORTING PASSENGERS OR PROPERTY AS A
    17         COMMON CARRIER.
    18     "TERRORIST ACT."  ANY ACT OR ACTS CONSTITUTING A VIOLENT
    19  OFFENSE INTENDED TO:
    20             (I)  INTIMIDATE OR COERCE A CIVILIAN POPULATION;
    21             (II)  INFLUENCE THE POLICY OF A GOVERNMENT BY
    22         INTIMIDATION OR COERCION; OR
    23             (III)  AFFECT THE CONDUCT OF A GOVERNMENT.
    24     "VIOLENT OFFENSE."  AN OFFENSE UNDER 18 PA.C.S. PT. II
    25  (RELATING TO DEFINITION OF SPECIFIC OFFENSES), INCLUDING AN
    26  ATTEMPT, CONSPIRACY OR SOLICITATION TO COMMIT ANY SUCH OFFENSE,
    27  WHICH IS PUNISHABLE BY IMPRISONMENT OF MORE THAN ONE YEAR AND
    28  INVOLVES AN ACT DANGEROUS TO HUMAN LIFE OR PROPERTY.
    29  SECTION 3.  PROCEDURES FOR SUBMITTING, CHALLENGING AND
    30                 PROTECTING CONFIDENTIAL SECURITY INFORMATION.
    20050H0854B4638                  - 7 -     

     1     (A)  GENERAL RULE.--THE PUBLIC UTILITY IS RESPONSIBLE FOR
     2  DETERMINING WHETHER A RECORD OR PORTIONS THEREOF SHOULD BE
     3  DEEMED CONFIDENTIAL SECURITY INFORMATION. WHEN A PUBLIC UTILITY
     4  IDENTIFIES CONFIDENTIAL SECURITY INFORMATION, IT MUST CLEARLY
     5  STATE IN ITS TRANSMITTAL LETTER, UPON SUBMISSION TO AN AGENCY,
     6  THAT THE FILING CONTAINS CONFIDENTIAL SECURITY INFORMATION AND
     7  EXPLAIN WHY THE INFORMATION SHOULD BE TREATED AS SUCH.
     8     (B)  SUBMISSION OF CONFIDENTIAL SECURITY INFORMATION.--AN
     9  AGENCY SHALL DEVELOP FILING PROTOCOLS AND PROCEDURES FOR PUBLIC
    10  UTILITIES TO FOLLOW WHEN SUBMITTING RECORDS, INCLUDING PROTOCOLS
    11  AND PROCEDURES FOR FILING CONFIDENTIAL SECURITY INFORMATION.
    12  SUCH PROTOCOLS AND PROCEDURES SHALL INSTRUCT PUBLIC UTILITIES
    13  WHO SUBMIT RECORDS TO AN AGENCY TO SEPARATE THEIR INFORMATION
    14  INTO AT LEAST TWO CATEGORIES:
    15         (1)  PUBLIC.--RECORDS OR PORTIONS THEREOF SUBJECT TO THE
    16     PROVISIONS OF THE ACT OF JUNE 21, 1957 (P.L.390, NO.212),
    17     REFERRED TO AS THE RIGHT-TO-KNOW LAW.
    18         (2)  CONFIDENTIAL.--RECORDS OR PORTIONS THEREOF REQUESTED
    19     TO BE TREATED AS CONFIDENTIAL SECURITY INFORMATION AND NOT
    20     SUBJECT TO THE RIGHT-TO-KNOW LAW.
    21     (C)  CHALLENGES TO THE DESIGNATION OF CONFIDENTIAL SECURITY
    22  INFORMATION.--CHALLENGES TO A PUBLIC UTILITY'S DESIGNATION OR
    23  REQUEST TO EXAMINE CONFIDENTIAL SECURITY INFORMATION BY A MEMBER
    24  OF THE PUBLIC SHALL BE MADE IN WRITING TO THE AGENCY IN WHICH
    25  THE RECORD OR PORTIONS THEREOF WERE ORIGINALLY FILED. THE AGENCY
    26  SHALL DEVELOP PROTOCOLS AND PROCEDURES TO ADDRESS CHALLENGES TO
    27  THE DESIGNATIONS OR REQUESTS TO EXAMINE CONFIDENTIAL SECURITY
    28  INFORMATION. SUCH PROTOCOLS AND PROCEDURES SHALL INCLUDE:
    29         (1)  WRITTEN NOTIFICATION TO THE PUBLIC UTILITY BY THE
    30     AGENCY OF THE REQUEST TO EXAMINE CONFIDENTIAL SECURITY
    20050H0854B4638                  - 8 -     

     1     INFORMATION OR CHALLENGE OF ITS DESIGNATION.
     2         (2)  AN OPPORTUNITY FOR AGENCY REVIEW OF THE PUBLIC
     3     UTILITY'S DESIGNATION.
     4         (3)  DURING THE REVIEW OR ANY APPEAL OF THE AGENCY'S
     5     DECISION, THE AGENCY SHALL CONTINUE TO HONOR THE CONFIDENTIAL
     6     SECURITY INFORMATION DESIGNATION BY THE PUBLIC UTILITY.
     7         (4)  AGENCY REVIEW OF THE PUBLIC UTILITY'S DESIGNATION OR
     8     REQUEST TO EXAMINE CONFIDENTIAL SECURITY INFORMATION SHALL BE
     9     BASED ON CONSISTENCY WITH THE DEFINITION OF CONFIDENTIAL
    10     SECURITY INFORMATION CONTAINED IN THIS ACT OR WHEN THERE ARE
    11     REASONABLE GROUNDS TO BELIEVE DISCLOSURE MAY RESULT IN A
    12     SAFETY RISK, INCLUDING THE RISK OF HARM TO ANY PERSON, OR
    13     MASS DESTRUCTION.
    14         (5)  WRITTEN NOTIFICATION OF THE AGENCY'S DECISION ON
    15     CONFIDENTIALITY TO THE PUBLIC UTILITY AND MEMBER OF THE
    16     PUBLIC THAT REQUESTED TO EXAMINE THE CONFIDENTIAL SECURITY
    17     INFORMATION OR CHALLENGED THE DESIGNATION MADE BY THE PUBLIC
    18     UTILITY.
    19         (6)  FOLLOWING WRITTEN NOTIFICATION BY THE AGENCY OF ITS
    20     DECISION ON CONFIDENTIALITY, A PUBLIC UTILITY SHALL BE GIVEN
    21     30 DAYS TO FILE AN APPEAL IN COMMONWEALTH COURT.
    22     (D)  PROTECTING CONFIDENTIAL SECURITY INFORMATION.--AN AGENCY
    23  SHALL DEVELOP SUCH PROTOCOLS AS MAY BE NECESSARY TO PROTECT
    24  PUBLIC UTILITY RECORDS OR PORTIONS THEREOF THAT CONTAIN
    25  CONFIDENTIAL SECURITY INFORMATION, IN ACCORDANCE WITH THE
    26  PROVISIONS OF THIS ACT, FROM PROHIBITED DISCLOSURE UNDER SECTION
    27  5. SUCH PROTOCOLS SHALL ENSURE THAT:
    28         (1)  EACH COPY OF A RECORD OR PORTION THEREOF CONTAINING
    29     CONFIDENTIAL SECURITY INFORMATION IS CLEARLY MARKED AS
    30     CONFIDENTIAL AND NOT SUBJECT TO THE PROVISIONS OF THE RIGHT-
    20050H0854B4638                  - 9 -     

     1     TO-KNOW LAW.
     2         (2)  EACH COPY OF A RECORD OR PORTION THEREOF CONTAINING
     3     CONFIDENTIAL SECURITY INFORMATION IS KEPT ON SITE IN A SECURE
     4     LOCATION, SEPARATE FROM THE GENERAL RECORDS RELATING TO THE
     5     PUBLIC UTILITY, WHERE IT IS AVAILABLE FOR INSPECTION BY
     6     AUTHORIZED INDIVIDUALS.
     7         (3)  ONLY AUTHORIZED INDIVIDUALS, AS DESIGNATED BY THE
     8     AGENCY, MAY HAVE ACCESS TO RECORDS OR COPIES THEREOF
     9     CONTAINING CONFIDENTIAL SECURITY INFORMATION.
    10         (4)  AUTHORIZED INDIVIDUALS, AS DESIGNATED BY THE AGENCY,
    11     SHALL UNDERGO TRAINING AND SIGN AN ACCESS AGREEMENT WHICH
    12     SUMMARIZES RESPONSIBILITIES AND PERSONAL LIABILITIES IF
    13     CONFIDENTIAL SECURITY INFORMATION IS KNOWINGLY OR RECKLESSLY
    14     RELEASED, PUBLISHED OR OTHERWISE DISCLOSED.
    15         (5)  A DOCUMENT TRACKING SYSTEM IS ESTABLISHED TO ALLOW
    16     FOR RECORDS OR COPIES THEREOF CONTAINING CONFIDENTIAL
    17     SECURITY INFORMATION TO BE TRACEABLE AT ALL TIMES TO A SINGLE
    18     PERSON.
    19  SECTION 4.  APPLICABILITY TO OTHER LAW.
    20     PUBLIC UTILITY RECORDS OR PORTIONS THEREOF WHICH CONTAIN
    21  CONFIDENTIAL SECURITY INFORMATION, IN ACCORDANCE WITH THE
    22  PROVISIONS OF THIS ACT, SHALL NOT BE SUBJECT TO THE PROVISIONS
    23  OF THE ACT OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED TO AS
    24  THE RIGHT-TO-KNOW LAW.
    25  SECTION 5.  PROHIBITION.
    26     (A)  GENERAL RULE.--AN AGENCY SHALL NOT RELEASE, PUBLISH OR
    27  OTHERWISE DISCLOSE A PUBLIC UTILITY RECORD OR PORTION THEREOF
    28  WHICH CONTAINS CONFIDENTIAL SECURITY INFORMATION, IN ACCORDANCE
    29  WITH THE PROVISIONS OF THIS ACT.
    30     (B)  EXCEPTION.--NOTWITHSTANDING SUBSECTION (A), AN AGENCY
    20050H0854B4638                 - 10 -     

     1  MAY, AFTER NOTIFICATION AND CONSULTATION WITH THE PUBLIC
     2  UTILITY, DISCLOSE A PUBLIC UTILITY RECORD OR PORTION THEREOF
     3  WHICH CONTAINS CONFIDENTIAL SECURITY INFORMATION, IN ACCORDANCE
     4  WITH THE PROVISIONS OF THIS ACT, THAT IS NECESSARY FOR
     5  CONSTRUCTION, RENOVATION OR REMODELING WORK ON ANY PUBLIC
     6  BUILDING OR PROJECT. RELEASE OR DISCLOSURE OF SUCH RECORDS OR
     7  PORTIONS THEREOF FOR THESE PURPOSES DOES NOT CONSTITUTE
     8  PROHIBITED DISCLOSURE UNDER SUBSECTION (A) AND DOES NOT RESULT
     9  IN SUCH RECORDS OR PORTIONS THEREOF BECOMING PUBLIC RECORDS
    10  SUBJECT TO THE PROVISIONS OF THE ACT OF JUNE 21, 1957 (P.L.390,
    11  NO.212), REFERRED TO AS THE RIGHT-TO-KNOW LAW.
    12  SECTION 6.  PENALTIES.
    13     A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE WHO ACQUIRES A PUBLIC
    14  UTILITY RECORD OR PORTIONS THEREOF WHICH CONTAIN CONFIDENTIAL
    15  SECURITY INFORMATION, IN ACCORDANCE WITH THE PROVISIONS OF THIS
    16  ACT, OR ANY REPRODUCTION OF A PUBLIC UTILITY RECORD OR PORTION
    17  THEREOF WHICH CONTAINS CONFIDENTIAL SECURITY INFORMATION, IN
    18  ACCORDANCE WITH THE PROVISIONS OF THIS ACT, AND WHO KNOWINGLY OR
    19  RECKLESSLY RELEASES, PUBLISHES OR OTHERWISE DISCLOSES A PUBLIC
    20  UTILITY RECORD OR PORTION THEREOF WHICH CONTAINS CONFIDENTIAL
    21  SECURITY INFORMATION, IN ACCORDANCE WITH THE PROVISIONS OF THIS
    22  ACT, OR ANY REPRODUCTION OF A PUBLIC UTILITY RECORD OR PORTION
    23  THEREOF WHICH CONTAINS CONFIDENTIAL SECURITY INFORMATION, IN
    24  ACCORDANCE WITH THE PROVISIONS OF THIS ACT, COMMITS A
    25  MISDEMEANOR OF THE SECOND DEGREE SUBJECT TO PROSECUTION BY THE
    26  ATTORNEY GENERAL AND SHALL, UPON CONVICTION, BE SENTENCED TO PAY
    27  A FINE OF NOT MORE THAN $5,000 PLUS COSTS OF PROSECUTION OR TO A
    28  TERM OF IMPRISONMENT NOT TO EXCEED ONE YEAR, OR BOTH, AND SHALL
    29  BE REMOVED FROM OFFICE OR AGENCY EMPLOYMENT.
    30  SECTION 7.  EFFECTIVE DATE.
    20050H0854B4638                 - 11 -     

     1     THIS ACT SHALL TAKE EFFECT IN 180 DAYS.




















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