Regular Session 2017-2018 House Bill 2026 P.N. 2939

PRINTER'S NO. 2939

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2026

Session of

2018

INTRODUCED BY GROVE, MACKENZIE, RYAN, KAUFFMAN, ROTHMAN,

METZGAR, WARD, PHILLIPS-HILL, KAUFER, BERNSTINE, KEEFER,

LAWRENCE AND B. MILLER, JANUARY 25, 2018

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 25, 2018

AN ACT

Amending Title 46 (Legislature) of the Pennsylvania Consolidated

Statutes, establishing the Committee on Government Oversight

of the Senate and the Committee on Government Oversight of

the House of Representatives and providing for the powers and

duties of investigating committee, for review of Commonwealth

agencies by standing committees, for program evaluation

reports and for audits by Department of Auditor General.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 46 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

CHAPTER 15

GOVERNMENT OVERSIGHT

Sec.

1501. Declaration of purpose.

1502. Definitions.

1503. Establishment of Committee on Government Oversight of the

Senate.

1504. Establishment of Committee on Government Oversight of the

House of Representatives.

1505. Powers and duties of investigating committee.

1506. Scheduled reviews of Commonwealth agencies.

1507. Unscheduled reviews of Commonwealth agencies.

1508. Request for review of Commonwealth agencies.

1509. Requests for information, depositions and rulings.

1510. Program evaluation reports.

1511. Audit by Department of the Auditor General.

1512. Contempt of investigating committee.

§ 1501. Declaration of purpose.

The General Assembly finds and declares as follows:

(1) Under section 11 of Article II of the Constitution

of Pennsylvania, the General Assembly is vested with "all

other powers necessary for the Legislature of a free State."

(2) Legislative powers include establishing the laws of

this Commonwealth and appropriating Commonwealth funds to

meet the needs of the residents of this Commonwealth.

(3) The General Assembly is obligated to ensure that the

General Assembly's legislative powers are exercised and the

General Assembly's legislative duties are fulfilled.

(4) In order to meet this obligation, the General

Assembly should periodically review the programs of

Commonwealth agencies to determine whether the programs meet

the needs of the residents of this Commonwealth.

§ 1502. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commonwealth agency." An authority, board, branch,

commission, committee, department, division or other

instrumentality of the executive or judicial branch of the

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Commonwealth. The term includes an administrative body and a

body corporate and politic established as an instrumentality of

the Commonwealth. The term does not include the General Assembly

or a political subdivision of the Commonwealth.

"Designated member of the House of Representatives." Any of

the following:

(1) The Speaker of the House of Representatives.

(2) The Majority Leader and Minority Leader of the House

of Representatives.

(3) The Majority Whip and Minority Whip of the House of

Representatives.

(4) The Majority Caucus Chair and Minority Caucus Chair

of the House of Representatives.

(5) The Majority Caucus Secretary and Minority Caucus

Secretary of the House of Representatives.

(6) The Majority Policy Chair and Minority Policy Chair

of the House of Representatives.

(7) The Majority Caucus Administrator and Minority

Caucus Administrator of the House of Representatives.

(8) The chairperson and minority chairperson of the

Appropriations Committee of the House of Representatives.

"Designated member of the Senate." All of the following:

(1) The President pro tempore of the Senate.

(2) The Majority Leader and Minority Leader of the

Senate.

(3) The Majority Whip and Minority Whip of the Senate.

(4) The Majority Caucus Chair and Minority Caucus Chair

of the Senate.

(5) The Majority Caucus Secretary and Minority Caucus

Secretary of the Senate.

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(6) The Majority Policy Chair and Minority Policy Chair

of the Senate.

(7) The Majority Caucus Administrator and Minority

Caucus Administrator of the Senate.

(8) The chairperson and minority chairperson of the

Appropriations Committee of the Senate.

"Investigating committee." Any of the following:

(1) The Committee on Government Oversight of the Senate.

(2) The Committee on Government Oversight of the House

of Representatives.

"Program." A program administered by a Commonwealth agency.

"Program evaluation report." A report compiled by a

Commonwealth agency at the request of the investigating

committee which may include, but is not limited to, the

following:

(1) A review of the Commonwealth agency's management and

organization.

(2) Program delivery.

(3) The Commonwealth agency's goals and objectives.

(4) The Commonwealth agency's compliance with the laws

of this Commonwealth.

(5) The Commonwealth agency's finances.

"Request for information." A list of questions provided to a

Commonwealth agency by an investigating committee which relates

to any matter concerning an action by the Commonwealth agency

that is the subject of an oversight study and investigation

under section 1505 (relating to powers and duties of

investigating committee).

"Standing committee." A permanent committee with a regular

meeting schedule and designated jurisdiction as authorized by

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the rules of the Senate or the House of Representatives.

§ 1503. Establishment of Committee on Government Oversight of

the Senate.

(a) Establishment.-- The following apply:

(1) The President pro tempore of the Senate shall

establish the Committee on Government Oversight of the

Senate.

(2) The President pro tempore of the Senate shall

appoint five members to the committee. No more than three

members may belong to the same political party.

(3) The President pro tempore of the Senate shall

designate o ne member of the Senate from the majority party as

chairperson of the committee.

(4) The President pro tempore of Senate shall designate

one member of the Senate from the minority party as vice

chairperson of the committee.

(b) Prohibition.--A designated member of the Senate may not

be a member of the committee.

§ 1504. Establishment of Committee on Government Oversight of

the House of Representatives.

(a) Establishment.--The following apply:

(1) The Speaker of the House of Representatives shall

establish the Committee on Government Oversight of the House

of Representatives.

(2) The Speaker of the House of Representatives shall

appoint seven members to the committee. No more than four

members may belong to the same political party.

(3) The Speaker of the House of Representatives shall

designate o ne member of the House of Representatives from the

majority party as chairperson of the committee.

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(4) The Speaker of the House of Representatives shall

designate one member of the House of Representatives from the

minority party as vice chairperson of the committee.

(b) Prohibition.--A designated member of the House of

Representatives may not be a member of the committee.

§ 1505. Powers and duties of investigating committee.

(a) Duties.--An investigating committee shall conduct an

oversight study and investigation of a Commonwealth agency in

accordance with this section for the purpose of determining the

following:

(1) Whether a program is being implemented and

administered in accordance with legislative intent.

(2) Whether a program should be continued, curtailed or

eliminated.

(3) Whether the laws of this Commonwealth regarding the

Commonwealth agency are being enforced in accordance with

legislative intent.

(4) Whether the laws of this Commonwealth regarding the

Commonwealth agency should be amended or repealed.

(b) Considerations.--During an oversight study and

investigation of a Commonwealth agency, an investigating

committee shall consider all of the following:

(1) The application, administration, execution and

effectiveness of the laws of this Commonwealth on a program.

(2) The organization and operation of the Commonwealth

agency.

(3) Conditions or circumstances that may indicate the

necessity or desirability of enacting additional laws of this

Commonwealth for the purpose of improving the effectiveness

and cost-efficiency of a program.

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(4) Conditions or circumstances that may indicate the

necessity or desirability of repealing laws of this

Commonwealth for the purpose of improving the effectiveness

and cost-efficiency of a program.

committee's duties, the investigating committee may issue

subpoenas and subpoenas duces tecum or implement other necessary

procedures to compel the attendance of witnesses or the

production of books, letters or other documentary evidence,

including electronic documents or records. In accordance with

the laws of this Commonwealth, the chairperson of the

investigating committee may administer oaths and affirmations to

witnesses who appear before the investigating committee to

testify.

§ 1506. Scheduled reviews of Commonwealth agencies.

(a) Senate.--The President pro tempore of the Senate shall

develop a schedule for the oversight study and investigation of

a Commonwealth agency for the Committee on Government Oversight

of the Senate. The chairperson of the committee shall determine

the scope of the oversight study and investigation of a

Commonwealth agency, including the subjects to be reviewed.

(b) House of Representatives.--The Speaker of the House of

Representatives shall develop a schedule for the oversight study

and investigation of a Commonwealth agency for the Committee on

Government Oversight of the House of Representatives. The

chairperson of the committee shall determine the scope of the

oversight study and investigation of a Commonwealth agency,

including the subjects to be reviewed.

oversight study and investigation of Commonwealth agency no less

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than once every seven years.

§ 1507. Unscheduled reviews of Commonwealth agencies.

In addition to scheduled oversight studies and investigations

under section 1506 (relating to scheduled reviews of

Commonwealth agencies), the chairperson of a committee may

initiate an unscheduled review of a Commonwealth agency.

§ 1508 . Request for review of Commonwealth agencies.

(a) Standing committees.--The following apply:

(1) The chairperson of a standing committee may request

that an investigating committee conduct an oversight study

and investigation under section 1505 (relating to powers and

duties of investigating committee) of a Commonwealth agency

under the standing committee's jurisdiction.

(2) The request under paragraph (1) shall state the

subject matter and scope of the oversight study and

investigation.

(b) Other reviews.--The following apply:

(1) The President pro tempore of the Senate and Speaker

of the House of Representatives may request that an

investigating committee conduct an oversight study and

investigation under section 1505 of an agency.

(2) The request under paragraph (1) shall state the

subject matter and scope for the oversight study and

investigation.

under this section shall not exceed the scope requested or the

scope of the information uncovered by the oversight study and

investigation.

§ 1509. Requests for information, depositions and rulings.

(a) Requests.--The following shall apply to a request for

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information from a Commonwealth agency for the purpose of

conducting an oversight study and investigation under section

1505 (relating to powers and duties of investigating committee):

(1) The request for information shall be answered

separately and fully, in writing and under oath or

affirmation.

(2) Except as provided in subparagraph (3), the request

for information shall be returned to the investigating

committee within 45 days after being served on the

Commonwealth agency.

(3) For good cause shown, the time period for answering

a request for information under paragraph (2) may be extended

as agreed upon by the investigating committee and the

Commonwealth agency.

(4) The head of the Commonwealth agency shall verify

that the answers to the request for information are true and

correct and do not violate 18 Pa.C.S. §§ 4903 (relating to

false swearing) and 4904 (relating to unsworn falsification

to authorities).

(5) If part of the request for information includes a

request for written or electronic records, audio, video or

electronic recordings or other documents, the request for

information shall not be considered fulfilled until all the

requested information is provided to the investigating

committee.

(b) Depositions.--The following shall apply:

(1) The investigating committee may depose an individual

by oral examination if the committee has reason to believe

that the individual has knowledge of the activities under

investigation.

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(2) The investigating committee shall provide notice to

an individual subject to a deposition and the agency under

investigation no less than 10 days before the date of the

deposition. The notice shall specify the time and place of

the deposition.

(3) The investigating committee may issue a subpoena for

an individual who fails to appear at a deposition. A

designation of the materials to be produced shall be attached

to the subpoena.

(4) The investigating committee shall provide the

Commonwealth agency subject to an oversight study and

investigation with the name and address of an individual

subject to a deposition and a designation of the materials to

be produced by the individual subject to a deposition.

(5) The deposition shall be taken under oath or

affirmation as administered by the chairperson of the

investigating committee or a designee of the chairperson.

(6) The deposition shall be taken stenographically or

recorded by some other means.

(7) The deposition shall be provided in accordance with

the applicable provisions under 42 Pa.C.S. Ch. 59 (relating

to depositions and witnesses).

(8) An individual deposed may have counsel present to

advise and represent the individual during the deposition.

(9) An individual deposed may claim any legal privilege

recognized by the laws of this Commonwealth in response to a

question during the deposition.

(10) If an individual deposed has an objection, the

individual shall be entitled to immediately have a ruling on

the objection by the chairperson of the committee.

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committee shall not be reviewable by a court unless the ruling

is part of a separate proceeding for contempt under section 1512

(relating to c ontempt of investigating committee).

§ 1510. Program evaluation reports.

(a) Reports.--Except as provided under subsection (b), an

investigating committee may request that a Commonwealth agency

submit a program evaluation report regarding a Commonwealth

agency program subject to an oversight study and investigation

under section 1505 (relating to powers and duties of

investigating committee). A program evaluation report may

include the following information:

(1) The established priorities, goals and objectives of

the program.

(2) The performance criteria, timetables and other

benchmarks designed and implemented by the Commonwealth

agency to measure the progress in achieving the priorities,

goals and objectives of the program.

(3) An assessment by the agency, using performance

criteria, indicating the extent to which the Commonwealth

agency has met the priorities, goals and objectives of the

program.

(4) If a program has not met the program's priorities,

goals and objectives, the following information:

(i) An identification of the reasons for not

achieving the program's priorities, goals and objectives.

(ii) The corrective measures that the Commonwealth

agency has taken or will take to achieve the program's

priorities, goals and objectives in the future.

(5) The structure of the Commonwealth agency, including

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the number of agency positions and job classifications and an

organizational flow chart indicating lines of responsibility

within the Commonwealth agency.

(6) A financial summary of the Commonwealth agency,

including sources of funding for the program and the amounts

allocated or expended over the immediately preceding 10

years.

(7) The areas in which the Commonwealth agency has

coordinated efforts with Federal or other Commonwealth

agencies for the purpose of achieving the program priorities,

goals and objectives.

(8) The areas in which the Commonwealth agency may

establish collaborative arrangements, including, but not

limited to, cooperative arrangements to coordinate services

and eliminate redundant requirements.

(9) Constituencies served by the Commonwealth agency or

program, including changes to the constituencies served by

the agency or program during the immediately preceding year.

(10) A summary of the Commonwealth agency's use of

alternative delivery systems, including privatization, to

achieve the priorities, goals and objectives of the program.

(11) Emerging issues that the Commonwealth agency faces

in implementing the program.

(12) A summary of any Federal laws or regulations which

affect the State laws or regulations governing the

Commonwealth agency or program.

(13) Policies for collecting, managing and using

personal information using information technology and

nonelectronic methods.

(14) The filing requirements necessary for the public to

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utilize the program, including the following:

(i) The statutory authority for the filing

requirements.

(ii) The date when the filing requirements were

adopted or altered by the Commonwealth agency.

(iii) Each time period for filing requirements.

(iv) The number of filings received annually for the

immediately preceding seven years and the number of

anticipated filings for the next four years.

(v) A description of the actions taken or

contemplated by the Commonwealth agency to reduce

duplicative filing requirements.

(vi) A five-year innovation and cost-savings plan.

(vii) Any other relevant information specifically

requested by the investigating committee.

(b) Exception.--A Commonwealth agency which is vested with

revenue bonding authority may submit annual reports and annual

external audit reports conducted by a third party to an

investigating committee in lieu of a program evaluation report.

§ 1511. Audit by Department of the Auditor General.

An investigating committee may direct the Department of the

Auditor General to perform an audit of a Commonwealth agency or

program which is subject to an oversight study and investigation

under section 1505 (relating to powers and duties of

investigating committee). An audit under this section shall be

paid for by unencumbered funds of the agency.

§ 1512. Contempt of investigating committee.

(a) Offense.--An individual commits an offense under 18

Pa.C.S. § 5110 (relating to contempt of General Assembly) if the

individual is disorderly or contemptuous in the presence of an

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investigating committee, or if the individual neglects or

refuses to appear in the presence of an investigating committee

after having been duly served with a subpoena under section

1509(b)(3) (relating to requests for information, depositions

and rulings).

(b) Definition.--As used in this section, the term

"contemptuous" means any of the following actions by an

individual:

(1) Appearing before an investigating committee and

knowingly giving false, materially misleading or materially

incomplete testimony.

(2) Failing or refusing to appear before an

investigating committee without lawful excuse.

(3) Refusing to provide testimony under oath or

affirmation to an investigating committee.

(4) Refusing to answer any material and proper question

posed by an investigating committee.

(5) Refusing to produce subpoenaed information to an

investigating committee in the individual's possession or

under the individual's control if the information constitutes

material and proper evidence.

Section 2. This act shall take effect in 60 days.

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