Bill Text: PA HB2403 | 2011-2012 | Regular Session | Introduced

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Bill Title: Further providing for definitions and for administrative duties of board.

Spectrum: Moderate Partisan Bill (Republican 46-9)

Status: (Introduced - Dead) 2012-05-23 - Referred to EDUCATION [HB2403 Detail]

Download: Pennsylvania-2011-HB2403-Introduced.html

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PRINTER'S NO. 3598
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2403 Session of2012
INTRODUCED BY DENLINGER, BAKER, BEAR, BENNINGHOFF, BLOOM, BOYD, BRADFORD, R. BROWN, CALTAGIRONE, CREIGHTON, DAY, EMRICK, EVERETT, FARRY, GEORGE, GILLEN, GINGRICH, GODSHALL, GROVE, HAHN, HARKINS, HARPER, HARRIS, HEFFLEY, HELM, HICKERNELL, HORNAMAN, HUTCHINSON, KAMPF, KAUFFMAN, F. KELLER, M. K. KELLER, LAWRENCE, MAHONEY, MASSER, MILLARD, MILLER, MILNE, MOUL, MURT, PICKETT, ROCK, SAYLOR, SCAVELLO, STABACK, STEVENSON, STURLA, SWANGER, TALLMAN, TOEPEL, TOOHIL, TRUITT, VULAKOVICH AND WATERS, MAY 23, 2012
REFERRED TO COMMITTEE ON EDUCATION, MAY 23, 2012
AN ACT
Amending Title 24 (Education) of the Pennsylvania Consolidated
Statutes, further providing for definitions and for
administrative duties of board.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 8102 of Title 24 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 8102. Definitions.
The following words and phrases when used in this part shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Active employee association." A membership organization
that is all of the following:
(1) Incorporated in this Commonwealth with a governing
body consisting of active members.
(2) Classified as a nonprofit organization under section
501(c) of the Internal Revenue Code of 1986 (Public Law
99-514, 26 U.S.C. § 501(c)).
(3) Supported with the self-payment of membership dues
by at least 15% of the active members of the system.
* * *
"Annuitant association." A voluntary membership organization
that is all of the following:
(1) Incorporated in this Commonwealth with a governing
body consisting exclusively of annuitants.
(2) Classified as a nonprofit organization under section
501(c)(4) of the Internal Revenue Code of 1986 (Public Law
99-514, 26 U.S.C. § 501(c)(4)).
(3) Supported with the self-payment of membership dues
in retirement by at least 15% of the annuitant members of the
system.
* * *
Section 2. Section 8502 of Title 24 is amended by adding
subsections to read:
§ 8502. Administrative duties of board.
* * *
(q) Information to active employee and annuitant
associations.--
(1) An active employee association or annuitant
association shall be entitled to receive from the board
members' names and home addresses for the purpose of
promoting membership in the active employee association or
annuitant association. In addition to all other information
made available to the public under the laws of this
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Commonwealth, including the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law, and that is available
in electronic form the board shall provide to an active
employee association and annuitant association the members'
names and home addresses. The board shall not make available
to the public or to active employee associations and
annuitant associations the name and home address of a
member's designated beneficiary.
(2) Within 30 days of the effective date of this
subsection, the board shall provide to all members written
notice of the disclosure of information pursuant to this
subsection and an opportunity to refuse to allow the
disclosure. Members shall have 90 days to respond to this
notice, and no information shall be transmitted to an active
employee or annuitant association under this subsection until
the conclusion of that period. With the application for entry
into the system, each new member shall be given notice of the
disclosure pursuant to this subsection and an opportunity to
refuse to allow disclosure. The board shall establish a
procedure for timely processing of the requests of members
who wish to change the protected status of their information.
If any member refuses to allow disclosure, the member's
information shall not be subject to disclosure under this
subsection.
(3) The board shall produce and transmit either
electronically or by mail the member information subject to
disclosure under paragraph (1) to each active employee
association and annuitant association by the tenth day of
each month for the preceding month unless the association
shall consent to a less frequent schedule for production and
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transmittal of the information, if the active employee
association or annuitant association reimburses the board for
the actual or reasonable cost the board incurs each month in
providing the information.
(4) Any information or records provided to an active
employee association or annuitant association under this
subsection shall be held in confidence by that association
and any individual employed by or associated with that
association. No active employee association or annuitant
association may give, transfer, sell or, in any other manner,
distribute to any person or entity outside the active
employee association or annuitant association the information
for any individual member obtained under this subsection. The
information and records shall not be open to examination for
any purpose not directly connected with the administration of
the services specified as the purpose under paragraph (1).
(5) Except as otherwise set forth under this subsection,
nothing under this subsection shall be construed to limit the
use by an active employee association or annuitant
association of any information on active employees or
annuitants who elect membership in the active employee
association or annuitant association.
(r) Civil relief against active employee associations and
annuitant associations.--
(1) The Office of Attorney General or any active
employee or annuitant may bring civil action against an
active employee association or annuitant association which
intentionally violates subsection (q).
(2) In addition to any other remedy provided by law, the
Attorney General or an active employee or an annuitant
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bringing an action under this subsection may:
(i) Seek injunctive relief to restrain the active
employee association or annuitant association from
distributing the records or information.
(ii) Recover actual damages arising from the willful
violation by an active employee association or an
annuitant association.
(iii) Seek both injunctive relief and recovery of
damages as provided by this subsection.
Section 3. This act shall take effect in 60 days.
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