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| PRIOR PRINTER'S NO. 12 | PRINTER'S NO. 143 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CHRISTIANA, MARSHALL, VULAKOVICH, BAKER, BARBIN, BARRAR, BEAR, BENNINGHOFF, BOYD, CALTAGIRONE, CAUSER, CLYMER, CREIGHTON, CUTLER, DEASY, DENLINGER, DePASQUALE, DeWEESE, ELLIS, EVERETT, FARRY, FLECK, FREEMAN, GABLER, GEIST, GIBBONS, GINGRICH, GODSHALL, GOODMAN, GRELL, GROVE, HAHN, HARHART, HARPER, HARRIS, HELM, HENNESSEY, HESS, HUTCHINSON, KAUFFMAN, M.K. KELLER, KILLION, KNOWLES, KORTZ, KRIEGER, MAHER, MAJOR, MARSICO, MATZIE, METCALFE, METZGAR, MILLER, MURPHY, MUSTIO, OBERLANDER, O'NEILL, PAYTON, PEIFER, PICKETT, PYLE, QUIGLEY, QUINN, RAPP, READSHAW, REED, REESE, REICHLEY, ROAE, ROCK, SACCONE, SANTARSIERO, SAYLOR, SCAVELLO, SCHRODER, SHAPIRO, SIMMONS, K. SMITH, M. SMITH, STEVENSON, SWANGER, TALLMAN, TOEPEL, TURZAI, VEREB, WAGNER, WATSON, BROOKS, LAWRENCE, BLOOM, RAVENSTAHL, ADOLPH, DAVIS, MIRABITO AND STEPHENS, JANUARY 19, 2011 |
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| AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, JANUARY 25, 2011 |
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| AN ACT |
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1 | Providing for the establishment of a searchable budget database- |
2 | driven Internet website detailing certain information |
3 | concerning taxpayer investments. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Short title. |
7 | This act shall be known and may be cited as the Pennsylvania |
8 | Web Accountability, Transparency and Contract Hub Act or as the |
9 | PennWATCH Act. |
10 | Section 2. Definitions. |
11 | The following words and phrases when used in this act shall |
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1 | have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | "Commonwealth agency." An executive agency, a legislative |
4 | agency, a judicial agency, an independent agency or a State- |
5 | affiliated entity. |
6 | "Executive agency." |
7 | (1) Any one of the following: |
8 | (i) The Governor and the departments, boards, |
9 | commissions, authorities and other officers and agencies |
10 | of the Commonwealth. |
11 | (ii) The Treasury Department. |
12 | (iii) The Department of the Auditor General. |
13 | (iv) The Office of Attorney General. |
14 | (2) The term does not include a judicial agency, |
15 | legislative agency, independent agency, State-affiliated |
16 | entity, State-related institution, political subdivision or |
17 | any local, regional or metropolitan transportation authority. |
18 | "Expenditures." A disbursement of Commonwealth funds. The |
19 | term includes a grant, a payment under a contract, an |
20 | appropriation, tax exemption or tax credit. The term does not |
21 | include a payment to an individual of State public or |
22 | unemployment assistance or services or to an employee for unused |
23 | benefits upon retirement. |
24 | "Fund source." The General Fund, special funds or other |
25 | Federal or State funds appropriated by the General Assembly, |
26 | statute or executive authorization. |
27 | "Independent agency." Boards, commissions and other agencies |
28 | and officers of the Commonwealth which are not subject to the |
29 | policy supervision and control of the Governor. The term does |
30 | not include an executive agency, judicial agency, legislative |
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1 | agency, State-affiliated entity, State-related institution, |
2 | political subdivision or any local, regional or metropolitan |
3 | transportation authority. |
4 | "Judicial agency." |
5 | (1) Any of the following: |
6 | (i) The Supreme Court of Pennsylvania. |
7 | (ii) The Superior Court of Pennsylvania. |
8 | (iii) The Commonwealth Court of Pennsylvania. |
9 | (iv) Any other court or other officer or agency of |
10 | the unified judicial system. |
11 | (2) The term does not include an executive agency, |
12 | legislative agency, independent agency, State-affiliated |
13 | entity, State-related institution, political subdivision or |
14 | any local, regional or metropolitan transportation authority. |
15 | "Legislative agency." |
16 | (1) Any of the following: |
17 | (i) The Senate of Pennsylvania. |
18 | (ii) The Pennsylvania House of Representatives. |
19 | (iii) Any other officer or agency of the General |
20 | Assembly. |
21 | (2) The term does not include an executive agency, |
22 | judicial agency, independent agency, State-affiliated entity, |
23 | State-related institution, political subdivision or any |
24 | local, regional or metropolitan transportation authority. |
25 | "Recipient." A person to which an expenditure is made. |
26 | "State-affiliated entity." A Commonwealth authority or a |
27 | Commonwealth entity. The term includes the Pennsylvania Gaming |
28 | Control Board, the Commonwealth Financing Authority, the |
29 | Pennsylvania Turnpike Commission, the Pennsylvania Housing |
30 | Finance Agency, the Pennsylvania Municipal Retirement System, |
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1 | the Pennsylvania Infrastructure Investment Authority, the State |
2 | Public School Building Authority, the Pennsylvania Higher |
3 | Educational Facilities Authority and the State System of Higher |
4 | Education. The term does not include a judicial agency, |
5 | legislative agency, State-related institution, political |
6 | subdivision or any local, regional or metropolitan |
7 | transportation authority. |
8 | "State audit or report." An audit report issued by the |
9 | Auditor General, a Commonwealth agency, including the Governor’s |
10 | Office, Office of Comptroller Operations, the Joint State |
11 | Government Commission or the Legislative Budget and Finance |
12 | Committee, relating to a funding recipient, a budget program or |
13 | an agency. |
14 | "State-related institution." The Pennsylvania State |
15 | University, the University of Pittsburgh, Lincoln University or |
16 | Temple University. |
17 | Section 3. Searchable budget database. |
18 | (a) Development.--By August 31, 2011, the State Treasurer |
19 | shall develop, implement and maintain a single, searchable, |
20 | public Internet website to be known as PennWATCH. The Internet |
21 | website shall contain the revenue and expenditure information |
22 | for Commonwealth agencies as required under subsection (b) in |
23 | numerical and, where appropriate, graphical depictions. The |
24 | Internet website shall allow the public to search for and |
25 | aggregate information at no cost. |
26 | (b) Contents.--Except as provided under subsection (c) and |
27 | by August 31 of each fiscal year, the Internet website shall |
28 | include the source tax and amount of revenue received by the |
29 | Commonwealth for the previous fiscal year and the following |
30 | information relating to each expenditure of a Commonwealth |
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1 | agency for the previous fiscal year: |
2 | (1) The name and principal location or address of the |
3 | recipient of the expenditure. |
4 | (2) The amount of expenditure. |
5 | (3) The fund source of the expenditure. |
6 | (4) The applicable appropriation line item in the |
7 | General Appropriation Act from which the expenditure is made. |
8 | (5) If the expenditure was made under a contract, a |
9 | hyperlink to the copy of the contract maintained under |
10 | Chapter 17 of the act of February 14, 2008 (P.L.6, No.3), |
11 | known as the Right-to-Know Law. |
12 | (6) A description of the program under which the |
13 | expenditure is made. |
14 | (7) The expected performance outcomes achieved from the |
15 | expenditure, if available. |
16 | (8) Any State audit report relating to the recipient, |
17 | the program or the Commonwealth agency administering the |
18 | funding. |
19 | (9) Any other relevant information specified by the |
20 | State Treasurer. |
21 | (c) Exemption.--The following shall not be included in the |
22 | Internet website: |
23 | (1) Records, material dates, data or other information | <-- |
24 | exempted from disclosure under 24 Pa.C.S. § 8502(e)(2) |
25 | (relating to administrative duties of board). |
26 | (2) Records, material dates, data or other information | <-- |
27 | exempted from disclosure 71 Pa.C.S. § 5902(e)(2) (relating to |
28 | administrative duties of board). |
29 | (3) Records exempted from disclosure under the Right-to- |
30 | Know Law. |
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1 | (d) Maintenance.--Beginning August 31, 2011, information for |
2 | a fiscal year shall remain on the Internet website for a period |
3 | of at least ten years from the date of posting. |
4 | Section 4. Administration. |
5 | (a) Commonwealth agency requirements.--Each Commonwealth |
6 | agency shall cooperate with and provide to the State Treasurer |
7 | all information required under section (3)(b) no later than 30 |
8 | days after the information becomes available to the Commonwealth |
9 | agency. |
10 | (b) Format.--Each Commonwealth agency shall create and |
11 | maintain the information required to be posted under section |
12 | 3(b) in ASCII-delimited text file, spreadsheet file or other |
13 | file as required by the State Treasurer. |
14 | Section 5. Compliance. |
15 | The State Treasurer shall not be considered in compliance |
16 | with this act unless the data required for the searchable budget | <-- |
17 | database is: |
18 | (1) available in a searchable manner; or |
19 | (2) are to be aggregated or, if the public is redirected |
20 | to other government Internet websites, the other Internet |
21 | websites contain the data required under this act Internet | <-- |
22 | website is available in a searchable manner and able to be |
23 | aggregated. |
24 | Section 6. Effective date. |
25 | This act shall take effect in 90 days. |
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