PRIOR PRINTER'S NO. 2933
PRINTER'S NO. 3057
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2485
Session of
2022
INTRODUCED BY GROVE, SMITH, COOK, RYAN, JONES, MILLARD, SAYLOR
AND ROWE, APRIL 5, 2022
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 27, 2022
AN ACT
Amending the act of February 14, 2008 (P.L.6, No.3), entitled
"An act providing for access to public information, for a
designated open-records officer in each Commonwealth agency,
local agency, judicial agency and legislative agency, for
procedure, for appeal of agency determination, for judicial
review and for the Office of Open Records; imposing
penalties; providing for reporting by State-related
institutions; requiring the posting of certain State contract
information on the Internet; and making related repeals," in
State contract information, further providing for submission
and retention of contracts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1701(a)(2) of the act of February 14,
2008 (P.L.6, No.3), known as the Right-to-Know Law, is amended
AND THE SUBSECTION IS AMENDED BY ADDING PARAGRAPHS to read:
Section 1701. Submission and retention of contracts.
(a) General rule.--Whenever any Commonwealth agency,
legislative agency or judicial agency shall enter into any
contract involving any property, real, personal or mixed of any
kind or description or any contract for personal services where
the consideration involved in the contract is $5,000 or more, a
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copy of the contract shall be filed with the Treasury Department
within ten days after the contract is fully executed on behalf
of the Commonwealth agency, legislative agency or judicial
agency or otherwise becomes an obligation of the Commonwealth
agency, legislative agency or judicial agency. The provisions of
this chapter shall not apply to contracts for services protected
by a privilege. The provisions of this chapter shall not apply
to a purchase order evidencing fulfillment of an existing
contract but shall apply to a purchase order evidencing new
obligations. The following shall apply:
* * *
(2) The Treasury Department [may] shall require each
Commonwealth agency, legislative agency or judicial agency,
prior to releasing funds associated with the contract, to
provide a summary with each contract, which shall include the
following:
(i) Date of execution.
(ii) Amount of the contract.
(iii) Beginning date of the contract.
(iv) End date of the contract, if applicable.
(v) Name of the agency entering into the contract.
(vi) The name of all parties executing the contract.
(vii) Subject matter of the contract.
Each agency shall create and maintain the data under this
paragraph in an ASCII-delimited text file, spreadsheet file
or other file provided by Treasury Department regulation.
(3) NO LATER THAN EVERY SIX MONTHS, THE TREASURY
DEPARTMENT SHALL PROVIDE NOTICE TO EACH COMMONWEALTH AGENCY,
LEGISLATIVE AGENCY OR JUDICIAL AGENCY OF EACH AGENCY'S
OBLIGATIONS UNDER THIS CHAPTER. THE TREASURY DEPARTMENT SHALL
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PROVIDE THE NOTICE ON OR BEFORE JANUARY 15 AND JULY 15 OF
EACH YEAR.
(4) WITHIN TEN DAYS IMMEDIATELY AFTER RECEIPT OF THE
NOTICE FROM THE TREASURY DEPARTMENT UNDER PARAGRAPH (3), EACH
COMMONWEALTH AGENCY, LEGISLATIVE AGENCY OR JUDICIAL AGENCY
SHALL ATTEST, ON A FORM PROVIDED BY THE TREASURY DEPARTMENT,
THAT ALL COPIES OF CONTRACTS REQUIRED TO BE SUBMITTED AND
FILED WITH THE TREASURY DEPARTMENT UNDER THIS SUBSECTION HAVE
BEEN SUBMITTED AND FILED AS OF THE DATE OF THE ATTESTATION.
THE FOLLOWING SHALL APPLY TO THE ATTESTATION UNDER THIS
PARAGRAPH:
(I) THE TREASURY DEPARTMENT SHALL MAKE THE
ATTESTATION OF EACH COMMONWEALTH AGENCY, LEGISLATIVE
AGENCY OR JUDICIAL AGENCY AVAILABLE FOR PUBLIC INSPECTION
ON THE TREASURY DEPARTMENT'S PUBLICLY ACCESSIBLE INTERNET
WEBSITE IN ACCORDANCE WITH SECTION 1702.
(II) THE TREASURY DEPARTMENT SHALL POST A LIST OF
EACH COMMONWEALTH AGENCY, LEGISLATIVE AGENCY OR JUDICIAL
AGENCY WHICH HAS FAILED TO SUBMIT A COMPLETED ATTESTATION
FORM WITHIN 30 DAYS OF RECEIPT OF THE NOTICE UNDER
PARAGRAPH (3).
(5) IF THE TREASURY DEPARTMENT DETERMINES THAT A
COMMONWEALTH AGENCY, LEGISLATIVE AGENCY OR JUDICIAL AGENCY
HAS NOT SUBMITTED AN ATTESTATION FORM UNDER PARAGRAPH (4),
THE TREASURY DEPARTMENT SHALL HAVE THE FOLLOWING DUTIES:
(I) CONTACT THE AGENCY TO INFORM THE AGENCY THAT
FAILURE TO COMPLY WITH PARAGRAPH (4) MAY RESULT IN A
DELAY OR REJECTION OF PAYMENT REQUESTS FROM THE TREASURY
DEPARTMENT ASSOCIATED WITH THE CONTRACT.
(II) PROVIDE A REASONABLE OPPORTUNITY FOR THE AGENCY
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TO SUBMIT AND FILE A CURRENT ATTESTATION FORM WITH THE
TREASURY DEPARTMENT.
(6) IF THE TREASURY DEPARTMENT DETERMINES THAT A
COMMONWEALTH AGENCY, LEGISLATIVE AGENCY OR JUDICIAL AGENCY
HAS NOT FILED A COPY OF A CONTRACT WITH THE TREASURY
DEPARTMENT UNDER THIS SUBSECTION, THE TREASURY DEPARTMENT MAY
DELAY OR WITHHOLD APPROVAL OF A PAYMENT REQUEST ASSOCIATED
WITH THE CONTRACT FROM THAT AGENCY UNTIL THE CONTRACT IS
FILED WITH THE TREASURY DEPARTMENT.
* * *
Section 2. This act shall take effect in 60 days.
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