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Proposed transparency legislation, Penalties and violations legislation

This is a list of proposed legislation from across the country dealing with Penalties and violations legislation. This is an incomplete list as of 6/11/2010 as research is still being conducted for the current legislative session:

2011

Here is a list of transparency legislation for the category Penalties and violations legislation in 2011:

RatingBillState/ActCurrent StatusProgressInformation
BaHouse Bill 1075North Dakota Open Records StatuteCurrent Status:Waiting.pngx (Placed on calendar awaiting vote from the House)  LegislationbarH2.pngb

House Bill 1075, introduced to the House of Representatives by Representative Eliot Glassheim which would require any state agency that would require any state agency or subdivision to notify the state records management administrator of any unlawfully removed or missing records. [1]



BaHouse Bill 215Pennsylvania Right to Know LawCurrent Status:Committee.pngc (Referred to Judiciary Committee)  LegislationbarH2.pngb

House Bill 215, introduced to the House of Representatives by Representative Matthew Baker which would prohibit the disclosure of birth dates under the Pennsylvania Right to Know Law. It would also allow parties to seek redress if their birth date was shared under the Pennsylvania Right to Know Law. [2]



AbHouse Bill 314Mississippi Public Records ActCurrent Status:Committee.pngc (Referred to Ethics Committee)  LegislationbarH5.pngf

House Bill 314 is a bill introduced to the Mississippi House of Representatives by Representative Rita Martinson which would impose the civil penalties for violations of open records laws on individual members of a public body. Initial fine levels would be made $500 for a first offense and $1,000 for a second offense. Any person who denies access to a public record may also be liable for a civil sum up to $100 per violation. The companion bills House Bill 358, Mississippi 2011, House Bill 865, Mississippi 2011, Senate Bill 2158, Mississippi 2011, and Senate Bill 2070, Mississippi 2011 all died in committee. Senate Bill 2289, Mississippi 2011 is the senate version of the bill. [3]



AbHouse Bill 73Vermont Public Records LawCurrent Status:Yes.pngp (Signed into Law by Governor)  LegislationbarH8.pngk

House Bill 73 was introduced to the House by Representative Donna Sweaney which would modifies the time period for records requests, aims to include greater sections of the government under public records requests and creates a committee charged with increasing transparency. The original form of this bill required that courts award attorney and legal fees to a requester if an agency was found to be violating the law, this section was edited to once again say "may" leaving it at the courts discretion which has been historically in favor of public agencies. [4]



BaHouse Bill 974Mississippi Open Meetings ActCurrent Status:No.pngf (Died in Committee)  LegislationbarH3V.pngd

House Bill 974 is a bill introduced to the Mississippi House of Representatives by Representative Omeria Scott which would impose civil penalties against anyone who discloses information derived from an executive session of a public body. First violation may be subject to civil penalty of no less than $25,000 with the penalty increasing by $25,000 for each subsequent violation. The bill would also provide for rules regarding entering an executive session. [5]



AbSenate Bill 135New Hampshire Right to Know LawCurrent Status:Committee.pngc (Referred to Election Law Committee)  LegislationbarS5.pngr

Senate Bill 135 was introduced to the Senate by Senator Sharon Carson which would modify the requirements for election result returns and the records associated with them. It would also modify the time period for submission and provide penalty for negligence by the person charged with record keeping. [6]



AbSenate Bill 2289Mississippi Public Records ActCurrent Status:Yes.pngp (Signed into law by Governor on 02/24/2011 effective 06/01/2011)  LegislationbarH8.pngk

Senate Bill 2289 is a bill introduced to the Mississippi House of Representatives by Senator Merle Flowers which would impose the civil penalties for violations of open records laws on individual members of a public body. Initial fine levels would be made $500 for a first offense and $1,000 for a second offense. Any person who denies access to a public record may also be liable for a civil sum up to $100 per violation. The companion bills House Bill 358, Mississippi 2011, House Bill 865, Mississippi 2011, Senate Bill 2158, Mississippi 2011 and Senate Bill 2070, Mississippi 2011 all died in committee. House Bill 314, Mississippi 2011 is the house version of the bill. [7]



BaSenate Bill 323Pennsylvania Right to Know LawCurrent Status:Committee.pngc (Referred to Consumer Protection & Professional Licensure Committee)  LegislationbarS2.pngn

Senate Bill 323, introduced to the Senate by Senator Robert "Tommy" Tomlinson which would provide punishment and prohibit the unlawful procurement, sale or receipt of telephone records. It would allow for law enforcement and other government agencies to utilize phone records in emergency situations but otherwise forbid phone companies from giving information out without the consent of the customer. It would also require telephone companies to set up systems to protect customer information from being shared. [8]



BaSenate Bill 625Pennsylvania Right to Know LawCurrent Status:Committee.pngc (Referred to State Government Committee)  LegislationbarS2.pngn

Senate Bill 625, introduced to the Senate by Senator Edwin Erickson which would establish the Pennsylvania Public Integrity Commission whose duties would include investigating corruption in all levels of government. The commission would then be required submit reports of corruption to a joint commission of the House and Senate Judiciary committees in an open session. The commission's opinions would be a matter of public record and could be published periodically but may be requested to have identifying information redacted by involved parties. These opinions would be published and sent free of charge to each county's law library. The commission would be required to hold two public meetings a year, at least one of which would be outside Harrisburg. Economic Interest forms created by the commission would be considered public records open to inspection. [9]



AbSenate Bill 67Vermont Open Meetings LawCurrent Status:Committee.pngc (Referred to Government Operations Committee)  LegislationbarS4.pngq

Senate Bill 67 was introduced to the Senate by Senator Jeanette White which would modernize open meetings laws to allow electronic meetings, provide additional reasons for executive sessions, and allow for persons with disabilities to have equal access to meetings. The final section of the bill provides punishment for violators and requires courts to levy a fee for reasonable attorney and court costs against the violating agency. [10]



AbSenate Paper 456 and Legislative Document 1465Maine Freedom of Access Act Maine Open Meeting LawCurrent Status:Committee.pngc (Referred to Judiciary Committee)  LegislationbarH2.pngb

SP 456 and LD 14651 was introduced to the House by Senator Richard Rosen which would require each agency to train one staff member as a "Public Access Officer" charged with helping provide public access to their agency. The bill would also modify time lengths for requests, notifications for certain request problems such as fees and technological issues. It would also provide the courts with the ability to issue an injunction if an agency was found to be in violation of open meetings or open records laws.[11]




2010

Here is a list of transparency legislation for the category Penalties and violations legislation in 2010:

RatingBillState/ActCurrent StatusProgressInformation
AbHouse Bill 1075Indiana Access to Public Records ActCurrent Status:Committee.pngc (Referred to Commerce, Public Policy & Interstate Cooperation Committee)  LegislationbarH5.pngf

House Bill 1075 would establish fines for open records and open meetings violations of up to $100 for the first offense and up to $500 for subsequent offenses. [1]

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AbHouse Bill 153Alabama Public Records LawCurrent Status:Committee.pngc(Referred to Judiciary Committee)  LegislationbarH2.pngb

House Bill 153 is a bill introduced to the Alabama House of Representatives by Representative Mac Gipson which would amend and reorganize the existing law located in Chapter 25 of Title 36, the Alabama Code of Ethics to be more comprehensive and clear.[2]



BaHouse Bill 403Alaska Public Records ActCurrent Status:Committee.pngc (Referred to Labor & Commerce Committee)  LegislationbarH2.pngb

House Bill 403 is a bill introduced to the Alaska House of Representatives by Representative Bob Buch, Representative Bob Lynn, and Representative Berta Gardner which would prohibit a financial institution from sharing customer information with anyone other than affiliate companies. Exceptions to this law would be if the information was required by a subpoena, court order, audit, or if a customer allowed the financial institution with a consent form. The bill also provides new penalties to be assessed to any who violate the law. [3]



AbHouse Bill 514Alabama Public Records LawCurrent Status:Committee.pngc(Referred to Government Operations Committee)  LegislationbarH2.pngb

House Bill 514 is a bill introduced to the Alabama House of Representatives by Representative Patricia Todd which would require the Department of Revenue to submit annual reports to the Legislature detailing expenditures given to private firms via property tax abatement or other subsides. This report is able to be requested by any entity to provide more transparency in state expenses. [4]



AbSenate Bill 2373Mississippi Open Meetings ActCurrent Status:No.pngf (Died on Calendar, 03/11/2010)  LegislationbarS5.pngr

Senate Bill 2373 introduced by Senator David Baria, would alter the Mississippi Open Meetings Act by increasing the jurisdiction of the courts and expanding the potential penalties for violations to include rendering actions null and void, assessing fines of up to $1000 per violation and assessing court and legal fees to public agencies who have violated the act. [5]



Sunshine Review:WikiProject Proposed state sunshine legislation/Stub pages and implementation#Transparency ratingcSenate Bill 365Connecticut Freedom of Information ActCurrent Status:Committee.pngc (Referred to Joint Committee on Government Administration and Elections)

Senate Bill 365, introduced to the Senate which would extend the time alloted for agenices and municipalities to post online minutes of meetings from 7 days to 14. It would also make non-compliance under certain circumstances allowed when posting legal notices on public websites. [6]




See also


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