H0443B2688A03908 JKL:JSL 10/26/07 #90 A03908
AMENDMENTS TO HOUSE BILL NO. 443
Sponsor: REPRESENTATIVE VITALI
Printer's No. 2688
1 Amend Title, page 1, lines 6 and 7, by striking out
2 "establishing the"
3 Amend Title, page 1, lines 7 and 8, by striking out
4 "PENNSYLVANIA PUBLIC RECORDS OFFICE and"
5 Amend Title, page 1, line 8, by striking out "its powers and
6 duties" and inserting
7 additional powers and duties of the State Ethics
8 Commission
9 Amend Table of Contents, page 3, line 17, by striking out
10 "PUBLIC RECORDS OFFICE" and inserting
11 State Ethics Commission
12 Amend Table of Contents, page 3, line 18, by striking out
13 "PENNSYLVANIA PUBLIC RECORDS OFFICE" and inserting
14 State Ethics Commission
15 Amend Sec. 103, page 37, by inserting after line 30
16 "Commission." The State Ethics Commission of the
17 Commonwealth.
18 Amend Sec. 103, page 41, lines 13 and 14, by striking out all
19 of said lines
20 Amend Sec. 305, page 48, line 21, by striking out "PUBLIC
21 RECORDS OFFICE" and inserting
22 commission
23 Amend Sec. 309, page 62, line 14, by striking out "PUBLIC
1 RECORDS OFFICE" and inserting
2 commission
3 Amend Chapter Heading, page 64, line 21, by striking out all
4 of said line and inserting
5 STATE ETHICS COMMISSION
6 Amend Sec. 501, page 64, lines 22 through 28, by striking out
7 "PENNSYLVANIA PUBLIC RECORDS OFFICE" in line 22, all of lines 23
8 through 27, "OFFICE" in line 28 and inserting
9 State Ethics Commission.
10 (a) Powers and duties.--In addition to other powers and
11 duties prescribed by law, the commission
12 Amend Sec. 501, page 65, lines 10 and 11, by striking out
13 "FROM COMMONWEALTH AGENCIES AND LOCAL AGENCIES IN ORDER" and
14 inserting
15 , issue subpoenas, hold hearings, take testimony,
16 compel the attendance of witnesses and the production
17 of documents and things and
18 Amend Sec. 501, page 65, line 12, by striking out "UNDER THIS
19 ACT" and inserting
20 as to appeals filed with the commission under section
21 502
22 Amend Sec. 501, page 65, line 13, by inserting after
23 "REQUEST"
24 or subpoena of the commission
25 Amend Sec. 501, page 65, lines 26 through 28, by striking out
26 "ISSUE A REPORT SEMI-ANNUALLY TO THE GENERAL" in line 26, all of
27 line 27 and "NOT BE" in line 28 and inserting
28 include in its annual report information pertaining
29 to its activities under this act including, but not
30 Amend Sec. 501, page 66, line 2, by striking out "ACCESS
31 OFFICE" and inserting
32 commission
33 Amend Sec. 501, page 66, lines 6 and 7, by striking out
HB0443A03908 - 2 -
1 "PUBLIC RECORDS OFFICE" and inserting
2 commission
3 Amend Sec. 501, page 66, line 10, by striking out "ACCESS
4 OFFICE" and inserting
5 commission
6 Amend Sec. 501, page 66, line 19, by striking out "(C)" and
7 inserting
8 (b)
9 Amend Sec. 501, page 66, lines 19 and 20, by striking out "BY
10 THE PUBLIC RECORDS OFFICE" and inserting
11 or subpoenaed by the commission
12 Amend Sec. 501, page 66, line 22, by striking out "REMAIN
13 CONFIDENTIAL" and inserting
14 become confidential commission records
15 Amend Sec. 501, page 66, line 23, by removing the period
16 after "ACCESS" and inserting
17 through the commission. The records requested may be accessed
18 through an agency other than the commission to the extent they
19 are public records.
20 Amend Sec. 501, page 66, line 24, by striking out "(D)" and
21 inserting
22 (c)
23 Amend Sec. 501, page 66, line 25, by striking out "PUBLIC
24 RECORDS OFFICE" and inserting
25 commission
26 Amend Sec. 501, page 66, line 29, by striking out "PUBLIC
27 RECORDS OFFICE" and inserting
28 commission
29 Amend Sec. 501, page 67, line 1, by striking out "PUBLIC
30 RECORDS OFFICE" and inserting
31 commission
HB0443A03908 - 3 -
1 Amend Sec. 501, page 67, line 2, by striking out "PUBLIC
2 RECORDS OFFICE" and inserting
3 commission
4 Amend Sec. 501, page 67, line 5, by striking out "ACCESS
5 OFFICE" and inserting
6 commission
7 Amend Sec. 502, page 67, line 12, by striking out "PUBLIC
8 RECORDS OFFICE BY FORWARDING TO THE OFFICE" and inserting
9 commission by filing with the commission a request
10 for review of the denial along with
11 Amend Sec. 502, page 67, line 13, by inserting after
12 "REQUEST"
13 for access to records
14 Amend Sec. 502, page 67, by inserting between lines 16 and 17
15 (1) Upon receipt of an appeal, the commission shall
16 provide notice of the appeal to the Commonwealth agency or
17 local agency that denied the request for access. The
18 commission may hold a nonpublic hearing on the matter and may
19 review the record and receive evidence.
20 Amend Sec. 502, page 67, lines 17 and 18, by striking out all
21 of line 17, "THE PUBLIC RECORDS OFFICE" in line 18 and inserting
22 (2) Within 90 days after the filing of an appeal, at
23 least four members of the commission present at a meeting
24 Amend Sec. 502, page 67, lines 22 through 25, by striking out
25 "THE" where it appears the second time in line 22, all of lines
26 23 and 24, "(2) THE 30-BUSINESS-DAY" in line 25 and inserting
27 (3) The 90-day
28 Amend Sec. 502, page 67, line 27, by striking out "PUBLIC
29 RECORDS OFFICE" and inserting
30 commission
31 Amend Sec. 502, page 67, line 28, by striking out "30
32 BUSINESS DAYS AFTER THE DATE" and inserting
33 90 days after the filing
HB0443A03908 - 4 -
1 Amend Sec. 502, page 68, line 1, by striking out "PUBLIC
2 RECORDS OFFICE" and inserting
3 commission
4 Amend Sec. 502, page 68, line 3, by striking out "OFFICE" and
5 inserting
6 commission
7 Amend Sec. 502, page 68, line 5, by striking out "PUBLIC
8 RECORDS OFFICE" and inserting
9 commission
10 Amend Sec. 502, page 68, line 13, by striking out "PUBLIC
11 RECORDS OFFICE" and inserting
12 commission
13 Amend Sec. 503, page 68, line 16, by striking out "PUBLIC
14 RECORDS OFFICE" and inserting
15 commission
16 Amend Sec. 503, page 68, lines 18 and 19, by striking out
17 "RECEIPT OF ACTUAL KNOWLEDGE OF THE ISSUANCE OF THE OFFICE'S"
18 and inserting
19 issuance of the commission's
20 Amend Sec. 503, page 69, lines 2 and 3, by striking out "THE
21 ESTABLISHED RULES OF THE OFFICE AND"
22 Amend Sec. 503, page 69, line 7, by striking out "OFFICE" and
23 inserting
24 commission
25 Amend Sec. 503, page 69, line 8, by striking out "OFFICE'S"
26 and inserting
27 commission's
28 Amend Sec. 503, page 69, line 11, by striking out "OFFICE"
29 and inserting
30 commission
HB0443A03908 - 5 -
1 Amend Sec. 503, page 69, line 12, by striking out "OFFICE"
2 and inserting
3 commission
4 Amend Sec. 503, page 69, line 13, by striking out "OFFICE"
5 and inserting
6 commission
7 Amend Sec. 503, page 69, line 16, by striking out "OFFICE"
8 and inserting
9 commission
10 Amend Sec. 503, page 70, line 1, by striking out "OFFICE" and
11 inserting
12 commission
13 Amend Sec. 503, page 70, line 11, by striking out "OFFICE"
14 and inserting
15 commission
16 Amend Sec. 503, page 70, line 12, by striking out "OFFICE"
17 and inserting
18 commission
19 Amend Sec. 504, page 70, line 24, by striking out "OFFICE"
20 and inserting
21 commission
22 Amend Sec. 504, page 71, line 9, by striking out "OFFICE
23 UNDER SECTION 503" and inserting
24 commission under section 502
25 Amend Sec. 701, page 71, line 23, by striking out "PUBLIC
26 RECORDS OFFICE.--THE PUBLIC RECORDS OFFICE" and inserting
27 State Ethics Commission.--The commission
28 Amend Sec. 701, page 71, line 29, by striking out "PUBLIC
29 RECORDS OFFICE" and inserting
30 commission
HB0443A03908 - 6 -
1 Amend Sec. 701, page 72, lines 1 and 2, by striking out
2 "PUBLIC RECORDS OFFICE" and inserting
3 commission
4 Amend Sec. 705, page 73, line 17, by striking out "PUBLIC
5 RECORDS OFFICE" and inserting
6 commission
7 Amend Sec. 706, page 74, line 11, by striking out "PUBLIC
8 RECORDS OFFICE" and inserting
9 commission
10 Amend Sec. 2103, page 77, lines 10 and 11, by striking out
11 "PUBLIC RECORDS OFFICE" and inserting
12 commission
J26L90JKL/HB0443A03908 - 7 -