H2524B3058A04480 NAD:JMT 06/07/22 #90 A04480
AMENDMENTS TO HOUSE BILL NO. 2524
Sponsor: REPRESENTATIVE SCHMITT
Printer's No. 3058
Amend Bill, page 1, line 11, by inserting after "officer,"
for appeals officer,
Amend Bill, page 2, by inserting between lines 11 and 12
(2) The direct use of a record for sale or resale.
Amend Bill, page 2, line 12, by striking out "(2)" and
inserting
(3)
Amend Bill, page 2, line 18, by striking out "OR" where it
occurs the third time
Amend Bill, page 2, line 23, by striking out the period after
"(I)" and inserting
;
(iii) a request for records from an entity holding a
certificate of authority or license from the Insurance
Department, their contractors, vendors, licensees,
service providers or affiliates, provided that the
records obtained shall only be used for the business of
insurance;
(iv) a request for real estate-related records used
for real estate purposes; or
(v) a request for records by an entity for purposes
of providing fraud prevention, identity theft, financial
transactions, crediting reporting and public safety,
including law enforcement.
Amend Bill, page 3, lines 13 and 14, by striking out all of
said lines
Amend Bill, page 4, lines 14 through 16, by striking out all
of said lines
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Amend Bill, page 5, lines 7 and 8, by striking out "An
individual whose sole intention in filing a request is " and
inserting
A person who, by the person's conduct, demonstrates an
intent
Amend Bill, page 5, by inserting between lines 16 and 17
Section 2.1. Section 503(d) of the act is amended by adding
a paragraph to read:
Section 503. Appeals officer.
* * *
(d) Law enforcement records and Statewide officials.--
* * *
(3) An appeals officer designated by a district attorney
under paragraph (2) shall have jurisdiction over an appeal
only insofar as it relates to access to criminal
investigative records in possession of a local agency. To the
extent an appeal involves multiple issues, one of which
relates to access to criminal investigative records in
possession of a local agency, the Office of Open Records
shall have jurisdiction over all other issues in the appeal.
Amend Bill, page 5, line 24, by inserting after "number"
where it occurs the second time
, if applicable,
Amend Bill, page 7, lines 29 and 30, by striking out
"Criminal records relating to the criminal commitment" in line
29 and all of line 30 and inserting
Public records relating to the criminal commitment of
the inmate.
Amend Bill, page 10, line 1, by inserting after "transcript"
, if it exists,
Amend Bill, page 10, line 4, by inserting after "contract."
This paragraph does not apply to a transcript that is
not part of an adjudicatory proceeding.
Amend Bill, page 10, line 12, by inserting after "708(b)(6)
(i)(B),"
(7) introductory paragraph and (iv),
Amend Bill, page 10, by inserting between lines 28 and 29
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(7) The following records relating to [an agency
employee:] a current, past or prospective applicant for
employment or for legislative or gubernatorial appointment:
* * *
(iv) The [employment] application of an individual
who is not hired [by the agency.] or appointed by the
agency, General Assembly or Governor.
* * *
Amend Bill, page 11, line 10, by inserting a bracket before
"or" where it occurs the first time
Amend Bill, page 11, line 10, by inserting after "or" where
it occurs the first time
],
Amend Bill, page 11, line 10, by inserting after "officials"
, contractors or subcontractors
Amend Bill, page 11, line 12, by inserting a bracket before
"or" where it occurs the first time
Amend Bill, page 11, line 12, by inserting after "or" where
it occurs the first time
],
Amend Bill, page 11, line 12, by inserting after "officials"
, contractors or subcontractors
Amend Bill, page 11, line 12, by inserting a bracket before
"or" where it occurs the second time
Amend Bill, page 11, line 12, by inserting after "or" where
it occurs the second time
],
Amend Bill, page 11, line 13, by inserting after "officials"
, contractors or subcontractors
Amend Bill, page 12, lines 8 and 9, by striking out "of, or"
in line 8 and all of line 9 and inserting
of [an individual], or personal financial information
relating to, a person who
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Amend Bill, page 13, lines 15 through 18, by striking out all
of said lines and inserting
(vii) This paragraph shall not:
(A) Apply to records created more than 50 years
prior to the request, unless the agency can
demonstrate actual harm to an ongoing investigation
if the records are released.
(B) Establish any requirement that an agency
retain a record for any period of time not otherwise
required for retention by law.
Amend Bill, page 13, lines 27 through 29, by striking out all
of lines 27 and 28 and "offenses and the date of the charges" in
line 29
Amend Bill, page 14, line 30; page 15, lines 1 through 3; by
striking out all of said lines on said pages and inserting
(vii) This paragraph shall not:
(A) Apply to records created more than 25 years
prior to the request, unless the agency can
demonstrate actual harm to an ongoing investigation
if the records are released.
(B) Establish any requirement that an agency
retain a record for any period of time not otherwise
required for retention by law.
Amend Bill, page 16, lines 18 and 19, by striking out "clear
and convincing" and inserting
by a preponderance of the
Amend Bill, page 16, lines 19 and 20, by striking out
"requester's sole intentions are to annoy or harass the local
agency." and inserting
requester, by the requester's conduct, has demonstrated an
intent to annoy or harass the local agency by filing a request
or requests.
Amend Bill, page 17, line 13, by inserting after
"information"
, including relief sought or granted to other
agencies against the same individual
Amend Bill, page 17, line 16, by striking out "connected" and
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inserting
who contracts
Amend Bill, page 18, lines 5 and 6, by striking out ":
(1) WITHIN" and inserting
, within
Amend Bill, page 18, lines 10 through 15, by striking out all
of said lines
Amend Bill, page 19, line 23, by striking out ", but" and
inserting
, a fine or civil penalty commensurate with the burden placed
on the local agency due to the vexatious conduct, or both. The
period may
Amend Bill, page 19, line 23, by striking out "to"
Amend Bill, page 19, line 24, by inserting after "year"
for the first instance an individual is determined to be a
vexatious requester
Amend Bill, page 21, lines 29 and 30; page 22, lines 1
through 7; by striking out all of lines 29 and 30 on page 21,
all of lines 1 through 6 and "(6)" in line 7 on page 22 and
inserting
(5)
Amend Bill, page 23, lines 24 and 25, by striking out
"Commonwealth agency OTHER THAN A ROW OFFICE or local agency "
and inserting
local agency or an agency for which the Office of Open
Records designates an appeals officer under section 503(a)
Amend Bill, page 24, line 20, by striking out all of said
line and inserting
local agency or an agency for which the Office of Open
Records designates an appeals officer under section 503(a)
Amend Bill, page 24, line 25, by striking out the bracket
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before "If"
Amend Bill, page 24, line 26, by inserting after
"determination"
or response
Amend Bill, page 24, line 26, by inserting after "or"
if a court or appeals officer
Amend Bill, page 24, lines 27 and 28, by striking out "] The"
Amend Bill, page 24, line 28, by inserting after "court"
or appeals officer
Amend Bill, page 24, line 30, by inserting after "court"
or appeals officer
Amend Bill, page 25, line 6, by inserting after
"determination"
or response
Amend Bill, page 25, by inserting between lines 18 and 19
(c) Destruction of records.--A court may impose a civil
penalty of not more than $2,500 if an agency or public official,
in violation of subsection (a), disposes of any potentially
responsive record in bad faith.
Amend Bill, page 25, lines 23 through 30; page 26, lines 1
through 5; by striking out all of said lines on said pages
Amend Bill, page 27, line 6, by inserting after "SECTION"
by a local agency or an agency for which the Office of Open
Records designates an appeals officer under section 503(a)
Amend Bill, page 30, line 6, by striking out "other"
Amend Bill, page 30, line 6, by striking out "or State"
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See A04480 in
the context
of HB2524