AN ACT

 

1Amending the act of June 30, 2011 (P.L.81, No.18), entitled "An
2act providing for the establishment of a searchable budget
3database-driven Internet website detailing certain
4information concerning taxpayer expenditures and 
5investments," further providing for definitions and for
6searchable budget database.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Sections 2 and 3 of the act of June 30, 2011
10(P.L.81, No.18), known as the Pennsylvania Web Accountability
11and Transparency (PennWATCH) Act, are amended to read:

12Section 2. Definitions.

13The following words and phrases when used in this act shall
14have the meanings given to them in this section unless the
15context clearly indicates otherwise:

16"Commonwealth agency." Any office, department, authority,
17board, multistate agency or commission of the executive branch,
18an independent agency or a State-affiliated entity. The term
19includes:

1(1) The Governor's Office.

2(2) The Office of Attorney General.

3(3) The Department of the Auditor General.

4(4) The Treasury Department.

5(5) An organization established by the Constitution of
6Pennsylvania, a statute or an executive order which performs
7or is intended to perform an essential government function.

8(6) A judicial agency or legislative agency.

9"Employee benefits." Group life, health, hospitalization,
10medical service and accident insurance benefits, paid in whole
11or in part by a Commonwealth agency and offered generally to
12employees of the Commonwealth agency. The term includes payments
13made in lieu of the specified benefits.

14"Entity." Any of the following:

15(1) An individual, corporation, association, union,
16limited liability company or limited liability partnership.

17(2) Any other legal business entity, including a
18nonprofit, a grantee, a contractor and a sole proprietor.

19(3) Any political subdivision or other local government
20entity.

21The term shall not include employees of Commonwealth agencies.

22"Funding action or expenditure." A payment by a Commonwealth
23agency to include:

24(1) A grant.

25(2) A loan.

26(3) Reimbursement.

27(4) Payment made pursuant to the purchase of goods and
28services, or to a construction or other contract.

29(5) Payment of debt service.

30(6) Payments made pursuant to a formula.

1(7) Payments to political subdivisions or other local
2government entities.

3The term shall not include social services payments,
4unemployment compensation, workers' compensation, property tax
5or rent rebate, employee benefit buyout or other entitlement
6program that provides direct monetary payments to an individual.

7"Funding source." The General Fund, special funds or other
8Federal or State funds appropriated by the General Assembly, by
9statute or by executive authorization.

10"Independent agency." Boards, commissions and other agencies
11and officers of the Commonwealth which are not subject to the
12policy supervision and control of the Governor.

13"Judicial agency." Any of the following:

14(1) The Supreme Court of Pennsylvania.

15(2) The Superior Court of Pennsylvania.

16(3) The Commonwealth Court of Pennsylvania.

17(4) The Administrative Office of Pennsylvania Courts.

18"Legislative agency." A legislative agency as defined under
19section 102 of the act of February 14, 2008 (P.L.6, No.3), known
20as the Right-to-Know Law.

21"Social services payment." Payments made to an individual
22for cash assistance, medical and other health-related or
23welfare-related benefits or services, education and training
24benefits or aging services.

25"State-affiliated entity." A Commonwealth authority or a
26Commonwealth entity. The term includes the Pennsylvania Gaming
27Control Board, the Commonwealth Financing Authority, the
28Pennsylvania Turnpike Commission, the Pennsylvania Housing
29Finance Agency, the Pennsylvania Municipal Retirement System,
30the Pennsylvania Infrastructure Investment Authority, the State

1Public School Building Authority, the Pennsylvania Higher
2Educational Facilities Authority and the State System of Higher
3Education.

4Section 3. Searchable budget database.

5(a) Development.--By December 31, 2012, the Governor's
6Office of Administration shall develop, implement and maintain a
7single, searchable, public Internet website to be called
8PennWATCH. The website shall provide the annual appropriation
9and funding action or expenditure information paid to a
10Commonwealth agency or other entity from Federal or State funds.
11Information on the website shall include:

12(1) The name and address of the Commonwealth agency or
13other entity receiving funding and the applicable identifier
14and classification under the vendor identification system
15under section 5 of the entity receiving a payment.

16(2) The amount of the funding action or expenditure.

17(3) The agency initiating the funding action or
18expenditure.

19(4) The applicable appropriation and the appropriation
20fiscal year from which the funding action or expenditure is
21made.

22(5) A counter to show the number of times the website is
23accessed.

24(6) The funding source.

25(b) State revenue.--Except as provided under subsection (f),
26and by December 31, 2012, and each month thereafter, the website
27shall show all Federal and State revenue that has been received
28and deposited in the State Treasury during the previous month.
29The State revenue shall be posted by the 15th day of the month
30following deposit in the State Treasury. State revenue derived

1from taxes shall be reported by specific tax type. State revenue
2derived from nontax sources shall be reported as liquor store
3transfer, license and fees, miscellaneous, and fines, penalties
4and interest as appropriate.

5(c) Performance measures.--The website shall include
6performance measures developed by a Commonwealth agency required
7or authorized to develop the measures.

8(d) Agency websites.--By December 31, 2012, the website
9shall include links to each Commonwealth agency Internet website
10where available.

11(e) Complement.--By December 31, 2012, and on the first of
12each month thereafter, the website shall:

13(1) Show the total number of individuals employed by
14each Commonwealth agency as of the 15th day of the previous
15month.

16(2) Show the name, position title and current annual
17salary for each individual employed by each Commonwealth
18agency based on the employee's pay schedule and current
19salary.

20(e.1) Compensation.--Beginning in 2013, by January 15, the
21website shall annually post all of the following for each
22individual employed by a Commonwealth agency:

23(1) Name.

24(2) Position or title.

25(3) Total compensation, as defined in section 303(a)(1)
26(i) of the act of March 4, 1971 (P.L.6, No.2), known as the
27Tax Reform Code of 1971, paid.

28(4) The cost of providing the employee with employee
29benefits. Cost information shall be segregated by the type of
30employee benefit provided.

1(f) Additional data.--By December 31, 2014, the website
2shall provide additional data, including:

3(1) A description of the appropriation under which the
4funding action or expenditure is made.

5(2) The expected and achieved performance outcomes from
6the funding action or expenditure, if available.

7(g) Exemption.--Notwithstanding subsections (a), (b) and
8(f), the following shall not be included on the website:

9(1) Records, data or other information exempted from
10disclosure under 24 Pa.C.S. § 8502(e)(2) (relating to
11administrative duties of board).

12(2) Records, data or other information exempted from
13disclosure under 71 Pa.C.S. § 5902(e)(2) (relating to
14administrative duties of the board).

15(3) Records not subject to disclosure under the act of
16February 14, 2008 (P.L.6, No.3), known as the Right-to-Know
17Law.

18(h) Access.--The website shall allow the public to search
19for and aggregate information at no cost.

20(i) Maintenance.--Information for a fiscal year shall remain
21on the website for a period of at least eight years from the
22date of posting.

23Section 2. The addition of section 3(e.1)(4) of the act
24shall apply to annual postings beginning in 2014.

25Section 3. This act shall take effect in 60 days.