Amendment 1614 to Senate Bill 527 P.N. 0540, Regular Session 2017-2018

S0527B0540A01614 MSP:CMD 06/05/17 #90 A01614

AMENDMENTS TO SENATE BILL NO. 527

Sponsor: SENATOR FOLMER

Printer's No. 540

Amend Bill, page 1, line 24, by striking out "of the

agencies" and inserting

in the administration

Amend Bill, page 1, line 24, by inserting after "government"

agencies

Amend Bill, page 2, line 1, by striking out "State agencies"

and inserting

the administration of State government

Amend Bill, page 2, line 11, by striking out "a wholly

independent" and inserting

the

Amend Bill, page 3, line 6, by striking out "nominate" and

inserting

appoint

Amend Bill, page 3, lines 7 through 9, by striking out "for a

term of six years. The nomination" in line 7, all of line 8 and

"by two-thirds of all the members of the Senate." in line 9 and

inserting

concurrent with the Governor's term of office.

Amend Bill, page 3, lines 11 and 12, by striking out "The

State Inspector General may not serve more than two" in line 11

and all of line 12

Amend Bill, page 3, by inserting between lines 12 and 13

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selected without regard to political affiliation on the basis of

integrity, capability for strong leadership and demonstrated

ability in accounting, auditing, financial analysis, law,

management analysis, public administration, investigation or

criminal justice administration or other appropriate fields.

Amend Bill, page 3, line 13, by striking out "(c)" and

inserting

(d)

Amend Bill, page 3, line 14, by striking out "nor accept

appointment"

Amend Bill, page 3, lines 15 and 16, by striking out " and

for one year thereafter "

Amend Bill, page 3, line 17, by striking out "(d)" and

inserting

(e)

Amend Bill, page 4, line 3, by striking out "a Federal, State

or" and inserting

the Federal Government, an executive agency or a

Amend Bill, page 4, lines 6 and 7, by striking out "and the

Executive Department "

Amend Bill, page 4, line 14, by striking out "officers and

employees" and inserting

individuals

Amend Bill, page 4, line 16, by striking out "officers and"

Amend Bill, page 4, line 25, by striking out the comma after

"agency" and inserting

and

Amend Bill, page 4, lines 26 and 27, by striking out "and the

President pro tempore of the Senate and the Speaker of the House

of Representatives"

Amend Bill, page 4, line 28, by inserting after "the "

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operation or

Amend Bill, page 4, line 29, by striking out ", operation and

contracting of" and inserting

or contracts entered into by

Amend Bill, page 5, line 2, by striking out "insure" and

inserting

ensure

Amend Bill, page 5, line 14, by striking out "criminal,"

Amend Bill, page 5, line 15, by inserting after

"investigations"

of a program or operation of an executive agency

Amend Bill, page 5, line 19, by inserting after "agency's"

compliance with the

Amend Bill, page 5, line 24, by inserting after "acts"

discovered during the course of an investigation into an

executive agency

Amend Bill, page 5, line 28, by striking out "a" and

inserting

an executive agency

Amend Bill, page 6, line 7, by inserting after "agencies"

that are consistent with the powers and duties contained

under this article

Amend Bill, page 6, lines 13 through 15, by striking out all

of lines 13 and 14 and "(13)" in line 15 and inserting

(12)

Amend Bill, page 6, line 19, by striking out "(14)" and

inserting

(13)

Amend Bill, page 6, line 30, by striking out the comma after

"agency" and inserting

and

Amend Bill, page 6, line 30; page 7, lines 1 and 2; by

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striking out ", the President pro" in line 30 on page 6, all of

line 1 and "Representatives" in line 2 on page 7

Amend Bill, page 7, by inserting between lines 2 and 3

Section 505-A. Subpoenas and witness fees.

(a) Authorization.--In accordance with the powers under

section 503-A(a) and duties under section 503-A(c), the State

Inspector General may issue a subpoena relating to any matter

pertinent to an examination to a person under the State

Inspector General's jurisdiction or to an individual or a person

receiving services from or through an executive agency. If a

person fails or refuses to obey a subpoena, the State Inspector

General may petition a court of competent jurisdiction to enter

an order compelling the witness to appear and testify or produce

documentary evidence. Failure to obey the court order shall be

punishable as contempt of court.

(b) Form and effect.--A subpoena under subsection (a) shall

be in substantially the same form and have the same force and

effect as a subpoena issued by a court of common pleas. The

State Inspector General shall have the benefit of the process of

the appropriate court of common pleas if necessary to enforce a

subpoena.

must clearly indicate on the face of the subpoena that the

subpoena is issued in connection with a confidential proceeding

and a breach of confidentiality by the person subpoenaed may

result in a civil penalty or misdemeanor.

(d) Fees.--Witnesses subpoenaed under this section shall be

compensated under 42 Pa.C.S. § 5903 (relating to compensation

and expenses of witnesses).

Section 506-A. Criminal charges.

Notwithstanding any other provision of law, the State

Inspector General shall have the power to investigate and may

file criminal charges for a violation of any of the following:

(1) Section 481 of the act of June 13, 1967 (P.L.31,

No.21), known as the Human Services Code.

(2) Section 1408 of the Human Services Code.

(3) 18 Pa.C.S. § 7313 (relating to buying or exchanging

Federal food order coupons, stamps, authorization cards or

access devices).

(4) 18 Pa.C.S. § 7314 (relating to fraudulent traffic in

food orders).

Amend Bill, page 7, line 3, by striking out "505-A" and

inserting

507-A

Amend Bill, page 7, line 26, by striking out "506-A" and

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inserting

508-A

Amend Bill, page 7, by inserting between lines 29 and 30

Section 509-A. Report to General Assembly.

By December 31 of each year, the State Inspector General

shall issue an annual report to the Senate and the House of

Representatives. The annual report shall include, at a minimum,

the following:

(1) Information relating to investigations undertaken by

the office, including the number of cases investigated,

categorized by type, with a specific section detailing

investigations conducted within the Department of Human

Services.

(2) An accounting of taxpayer money that was recovered

as a result of the work of the office.

(3) The monetary value that resulted from fraud

prevention activities as a result of the work of the office.

(4) Summaries of performance of each bureau within the

office.

(5) Specific recommendations concerning the improvement

of any State program to further reduce waste, fraud and

abuse.

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