SENATE AMENDED

 

PRIOR PRINTER'S NOS. 12, 143, 531, 2167

PRINTER'S NO.  2223

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

15

Session of

2011

  

  

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, STEPHENS, GILLEN, HORNAMAN, KAVULICH, DAVIDSON, MILNE AND GALLOWAY, JANUARY 19, 2011

  

  

AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JUNE 27, 2011   

  

  

  

AN ACT

  

1

Providing for the establishment of a searchable budget database-

2

driven Internet website detailing certain information

3

concerning taxpayer expenditures and 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.

 


1

The following words and phrases when used in this act shall

2

have the meanings given to them in this section unless the

3

context clearly indicates otherwise:

4

"Commonwealth agency."  An executive agency, a legislative

5

agency, a judicial agency, an independent agency or a State-

6

affiliated entity.

7

"Employment compensation."  Payment, including gross salary,

8

overtime and bonus, made to an employee or officer of a

9

Commonwealth agency in exchange for services rendered to that

10

Commonwealth agency.

11

"Entity."  Any natural person, corporation, association,

12

union, limited liability company or limited liability

13

partnership; any other legal business entity, including a

14

nonprofit, a grantee, a contractor and a sole proprietor; and

15

any county, city or other local government entity.

16

"Executive agency."

17

(1)  Any one of the following:

18

(i)  The Governor and the departments, boards,

19

commissions, authorities and other officers and agencies

20

of the Commonwealth.

21

(ii)  The Treasury Department. 

22

(iii)  The Department of the Auditor General.

23

(iv)  The Office of Attorney General.

24

(2)  The term does not include a judicial agency,

25

legislative agency, independent agency, State-affiliated

26

entity, State-related institution, political subdivision or

27

any local, regional or metropolitan transportation authority.

28

"Fund source."  The General Fund, special funds or other

29

Federal or State funds appropriated by the General Assembly,

30

statute or executive authorization.

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1

"Funding action or expenditure."  A payment by a Commonwealth

2

agency made to an entity under the terms of a grant agreement or

3

for the purchase of goods and services, including payments in

4

cash, by check or by any form of electronic funds transfer or

5

deposit. The term does not include social services payments,

6

unemployment compensation, property tax or rent rebate checks or

7

any other payments offered not in regard to goods provided or

8

services rendered or not pursuant to a grant agreement but

9

offered as direct monetary payments for which eligibility is

10

determined in whole or in part by income level or economic

11

status.

12

"Funding source."  The agency responsible for requesting,

13

authorizing or directing a funding action or expenditure.

14

"Independent agency."  Boards, commissions and other agencies

15

and officers of the Commonwealth which are not subject to the

16

policy supervision and control of the Governor. The term does

17

not include an executive agency, judicial agency, legislative

18

agency, State-affiliated entity, State-related institution,

19

political subdivision or any local, regional or metropolitan

20

transportation authority.

21

"Judicial agency."

22

(1)  Any of the following:

23

(i)  The Supreme Court of Pennsylvania.

24

(ii)  The Superior Court of Pennsylvania.

25

(iii)  The Commonwealth Court of Pennsylvania.

26

(iv)  Any other court or other officer or agency of

27

the unified judicial system.

28

(2)  The term does not include an executive agency,

29

legislative agency, independent agency, State-affiliated

30

entity, State-related institution, political subdivision or

- 3 -

 


1

any local, regional or metropolitan transportation authority.

2

"Legislative agency."

3

(1)  Any of the following:

4

(i)  The Senate of Pennsylvania.

5

(ii)  The Pennsylvania House of Representatives.

6

(iii)  Any other officer or agency of the General

7

Assembly.

8

(2)  The term does not include an executive agency,

9

judicial agency, independent agency, State-affiliated entity,

10

State-related institution, political subdivision or any

11

local, regional or metropolitan transportation authority.

12

"Social services payments."  Cash assistance and other

13

welfare benefits payments, education benefits payments, workers'

14

compensation and unemployment compensation payments.

15

"State-affiliated entity."  A Commonwealth authority or a

16

Commonwealth entity. The term includes the Pennsylvania Gaming

17

Control Board, the Commonwealth Financing Authority, the

18

Pennsylvania Turnpike Commission, the Pennsylvania Housing

19

Finance Agency, the Pennsylvania Municipal Retirement System,

20

the Pennsylvania Infrastructure Investment Authority, the State

21

Public School Building Authority, the Pennsylvania Higher

22

Educational Facilities Authority and the State System of Higher

23

Education. The term does not include a judicial agency,

24

legislative agency, State-related institution, political

25

subdivision or any local, regional or metropolitan

26

transportation authority.

27

"State audit or report."  An audit report issued by the

28

Auditor General, a Commonwealth agency, including the Governor's

29

Office, Office of Comptroller Operations, the Joint State

30

Government Commission or the Legislative Budget and Finance

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1

Committee, relating to a funding action or expenditure, a budget

2

program or a Commonwealth agency.

3

"State-related institution."  The Pennsylvania State

4

University, the University of Pittsburgh, Lincoln University or

5

Temple University.

6

"State Treasury."  The Treasury Department of the

7

Commonwealth.

8

Section 3.  Searchable budget database.

9

(a)  Development.--By December 2011, the State Treasury shall

10

develop, implement and maintain a single, searchable, public

11

Internet website to be called PennWATCH. The Internet website

12

shall provide the annual appropriation information and funding

13

action or expenditure information for Commonwealth agencies.

14

Information on the Internet website shall include:

15

(1)  The name and address of the principal location or

16

residence and the applicable vendor identification system of

17

the entity receiving payment.

18

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

19

(3)  The fund source and the funding source of the

20

funding action or expenditure.

21

(4)  The applicable appropriation and appropriation

22

fiscal year from which the expenditure is made.

23

(5)  A counter to show the number of times the Internet

24

website is accessed.

25

(b)  Additional data.--By December 31, 2013, the PennWATCH

26

website shall provide additional data, including:

27

(1)  If an expenditure was made under a contract, a

28

hyperlink to the copy of the contract maintained under

29

Chapter 17 of the act of February 14, 2008 (P.L.6, No.3),

30

known as the Right-to-Know Law.

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1

(2)  A description of the program under which the funding

2

action or expenditure is made.

3

(3)  The expected performance outcomes achieved from the

4

funding action or expenditure, if available.

5

(4)  Information for PennWATCH to offer a hyperlink to

6

any final State audit report relating to the entity, the

7

program or the funding source administering the funding

8

action or expenditure.

9

(c)  Access.--The Internet website shall allow the public to

10

search for and aggregate information at no cost.

11

(d)  Source tax and amount.--Except as provided under

12

subsection (e), by August 31 of each fiscal year, beginning in

13

fiscal year 2012-2013, the Internet website shall include the

14

source tax and amount of revenue received by the Commonwealth

15

for the previous fiscal year and such other information as

16

required by this subsection:

17

(1)  The total number of individuals employed by each

18

Commonwealth agency for the previous fiscal year.

19

(2)  Links to each Commonwealth agency Internet website

20

where available.

21

(e)  Exemption.--Notwithstanding the requirements outlined in

22

subsections (a), (b), (c) and (d), the following shall not be

23

included in the Internet website:

24

(1)  Records, material data or other information exempted

25

from disclosure under 24 Pa.C.S. § 8502(e)(2) (relating to

26

administrative duties of board).

27

(2)  Records, material data or other information exempted

28

from disclosure 71 Pa.C.S. § 5902(e)(2) (relating to

29

administrative duties of board).

30

(3)  Records exempted from disclosure under the Right-to-

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1

Know Law.

2

(f)  Maintenance.--Information for a fiscal year shall remain

3

on the Internet website for a period of at least ten years from

4

the date of posting.

5

Section 4.  Administration.

6

(a)  Commonwealth agency requirements.--Each Commonwealth

7

agency shall cooperate with and provide to the State Treasury

8

all required information at the time the request for funding

9

action or expenditure is submitted.

10

(b)  Accuracy.--Each Commonwealth agency is responsible for

11

verifying the accuracy and completeness of the information that

12

it submits to the State Treasury.

13

(c)  Format and classification system.--

14

(1)  Each Commonwealth agency shall create and maintain

15

the information required to be posted under section 3 in

16

ASCII-fixed text file, XML or other commonly agreed upon file

17

format.

18

(2)  The State Treasury may require the use of a

19

classification system to allow consistent categorization of

20

different types of goods and services that may be the subject

21

of a funding action or expenditure.

22

Section 5.  Submission of information.

23

(a)  Employment compensation.--Beginning in 2012, by February

24

15, each Commonwealth agency shall submit information to the

25

State Treasury providing the employment compensation for each of

26

its employees for the preceding calendar year.

27

(b)  Required information.--Each Commonwealth agency shall

28

submit the following information to the State Treasury:

29

(1)  Name of the employee receiving compensation.

30

(2)  Amount of total employment compensation.

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1

(3)  Funding source.

2

(4)  Position title.

3

Section 6.  Vendor identification system.

4

(a)  Vendor identification system.--The State Treasury may

5

maintain a vendor identification system for mandatory use by all

6

Commonwealth agencies in order to provide a common designation

7

of each payee and to facilitate aggregation of data on the

8

public Internet website.

9

(b)  Cooperation with agencies.--The State Treasury shall

10

work with Commonwealth agencies in maintaining the vendor

11

identification system.

12

(c)  Compatibility.--The vendor identification system shall

13

be compatible with existing systems within Commonwealth

14

agencies.

15

Section 7.  Report to General Assembly and Governor.

16

The State Treasurer shall prepare an annual report containing

17

statistical information on the usage and performance of the

18

Internet website mandated by this act. The report shall contain,

19

but not be limited to, frequency of user access of the website,

20

types of data being accessed and website performance. The report

21

shall be submitted to the General Assembly and the Governor by

22

March 30 of each year beginning March 30, 2012.

23

Section 8.  Compliance.

24

The State Treasury shall not be considered in compliance with

25

this act unless the data required for the

26

Internet website is available by the dates specified in this

27

act.

28

Section 20.  Effective date.

29

This act shall take effect immediately.

30

Section 1.  Short title.

<--

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1

This act shall be known and may be cited as the Pennsylvania

2

Web Accountability and Transparency (PennWATCH) Act.

3

Section 2.  Definitions.

4

The following words and phrases when used in this act shall

5

have the meanings given to them in this section unless the

6

context clearly indicates otherwise:

7

"Commonwealth agency."  Any office, department, authority,

8

board, multistate agency or commission of the executive branch,

9

an independent agency or a State-affiliated entity. The term

10

includes:

11

(1)  The Governor's Office.

12

(2)  The Office of Attorney General.

13

(3)  The Department of the Auditor General.

14

(4)  The Treasury Department.

15

(5)  An organization established by the Constitution of

16

Pennsylvania, a statute or an executive order which performs

17

or is intended to perform an essential government function.

18

(6)  A judicial agency or legislative agency.

19

"Entity."  Any of the following:

20

(1)  An individual, corporation, association, union,

21

limited liability company or limited liability partnership.

22

(2)  Any other legal business entity, including a

23

nonprofit, a grantee, a contractor and a sole proprietor.

24

(3)  Any political subdivision or other local government

25

entity.

26

The term shall not include employees of Commonwealth agencies.

27

"Funding action or expenditure."  A payment by a Commonwealth

28

agency to include:

29

(1)  A grant.

30

(2)  A loan.

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1

(3)  Reimbursement.

2

(4)  Payment made pursuant to the purchase of goods and

3

services, or to a construction or other contract.

4

(5)  Payment of debt service.

5

(6)  Payments made pursuant to a formula.

6

(7)  Payments to political subdivisions or other local

7

government entities.

8

The term shall not include social services payments,

9

unemployment compensation, workers' compensation, property tax

10

or rent rebate, employee benefit buyout or other entitlement

11

program that provides direct monetary payments to an individual.

12

"Funding source."  The General Fund, special funds or other

13

Federal or State funds appropriated by the General Assembly, by

14

statute or by executive authorization.

15

"Independent agency."  Boards, commissions and other agencies

16

and officers of the Commonwealth which are not subject to the

17

policy supervision and control of the Governor.

18

"Judicial agency."  Any of the following:

19

(1)  The Supreme Court of Pennsylvania.

20

(2)  The Superior Court of Pennsylvania.

21

(3)  The Commonwealth Court of Pennsylvania.

22

(4)  The Administrative Office of Pennsylvania Courts.

23

"Legislative agency."  A legislative agency as defined under

24

section 102 of the act of February 14, 2008 (P.L.6, No.3), known

25

as the Right-to-Know Law.

26

"Social services payment."  Payments made to an individual

27

for cash assistance, medical and other health-related or

28

welfare-related benefits or services, education and training

29

benefits or aging services.

30

"State-affiliated entity."  A Commonwealth authority or a

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1

Commonwealth entity. The term includes the Pennsylvania Gaming

2

Control Board, the Commonwealth Financing Authority, the

3

Pennsylvania Turnpike Commission, the Pennsylvania Housing

4

Finance Agency, the Pennsylvania Municipal Retirement System,

5

the Pennsylvania Infrastructure Investment Authority, the State

6

Public School Building Authority, the Pennsylvania Higher

7

Educational Facilities Authority and the State System of Higher

8

Education.

9

Section 3.  Searchable budget database.

10

(a)  Development.--By December 31, 2012, the Governor's

11

Office of Administration shall develop, implement and maintain a

12

single, searchable, public Internet website to be called

13

PennWATCH. The website shall provide the annual appropriation

14

and funding action or expenditure information paid to a

15

Commonwealth agency or other entity from Federal or State funds.

16

Information on the website shall include:

17

(1)  The name and address of the Commonwealth agency or

18

other entity receiving funding and the applicable identifier

19

and classification under the vendor identification system

20

under section 5 of the entity receiving a payment.

21

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

22

(3)  The agency initiating the funding action or

23

expenditure.

24

(4)  The applicable appropriation and the appropriation

25

fiscal year from which the funding action or expenditure is

26

made.

27

(5)  A counter to show the number of times the website is

28

accessed.

29

(6)  The funding source.

30

(b)  State revenue.--Except as provided under subsection (f),

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1

and by December 31, 2012, and each month thereafter, the website

2

shall show all Federal and State revenue that has been received

3

and deposited in the State Treasury during the previous month.

4

The State revenue shall be posted by the 15th day of the month

5

following deposit in the State Treasury. State revenue derived

6

from taxes shall be reported by specific tax type. State revenue

7

derived from nontax sources shall be reported as liquor store

8

transfer, license and fees, miscellaneous, and fines, penalties

9

and interest as appropriate.

10

(c)  Performance measures.--The website shall include

11

performance measures developed by a Commonwealth agency required

12

or authorized to develop the measures.

13

(d)  Agency websites.--By December 31, 2012, the website

14

shall include links to each Commonwealth agency Internet website

15

where available.

16

(e)  Complement.--By December 31, 2012, and on the first of

17

each month thereafter, the website shall:

18

(1)  Show the total number of individuals employed by

19

each Commonwealth agency as of the 15th day of the previous

20

month.

21

(2)  Show the name, position title and current annual

22

salary for each individual employed by each Commonwealth

23

agency based on the employee's pay schedule and current

24

salary.

25

(e.1)  Compensation.--Beginning in 2013, by January 15, the

<--

26

website shall annually post all of the following for each

27

individual employed by a Commonwealth agency:

28

(1)  Name.

29

(2)  Position or title.

30

(3)  Total compensation, as defined in section 303(a)(1)

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1

(i) of the act of March 4, 1971 (P.L.6, No.2), known as the

2

Tax Reform Code of 1971, paid.

3

(f)  Additional data.--By December 31, 2014, the website

4

shall provide additional data, including:

5

(1)  A description of the appropriation under which the

6

funding action or expenditure is made.

7

(2)  The expected and achieved performance outcomes from

8

the funding action or expenditure, if available.

9

(g)  Exemption.--Notwithstanding subsections (a), (b) and

10

(f), the following shall not be included on the website:

11

(1)  Records, data or other information exempted from

12

disclosure under 24 Pa.C.S. § 8502(e)(2) (relating to

13

administrative duties of board).

14

(2)  Records, data or other information exempted from

15

disclosure under 71 Pa.C.S. § 5902(e)(2) (relating to

16

administrative duties of the board).

17

(3)  Records not subject to disclosure under the act of

18

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know

19

Law.

20

(h)  Access.--The website shall allow the public to search

21

for and aggregate information at no cost.

22

(i)  Maintenance.--Information for a fiscal year shall remain

23

on the website for a period of at least eight years from the

24

date of posting.

25

Section 4.  Administration.

26

(a)  Commonwealth agency requirements.--Each Commonwealth

27

agency shall cooperate with the Governor's Office of

28

Administration. The following shall apply:

29

(1)  Each Commonwealth agency shall provide the office

30

with all appropriation and funding action or expenditure

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1

information as required under this act at the time the

2

funding action or expenditure is paid by the State Treasury.

3

(2)  Each Commonwealth agency shall provide the office

4

with complement and employment compensation information as

5

required under this act prior to the end of each month.

6

(b)  Accuracy.--Each Commonwealth agency is responsible for

7

verifying the accuracy and completeness of information submitted

8

to the office.

9

(c)  Format.--Each Commonwealth agency shall establish and

10

maintain the information required to be posted under section 3

11

in a manner prescribed by the office. The office shall consult

12

with judicial agencies, legislative agencies and other

13

Commonwealth agencies to develop the format to be utilized.

14

Section 5.  Vendor identification system.

15

The vendor identification system specified by the Governor's

16

Office of Administration shall be used to provide a common

17

designation of each entity and to facilitate aggregation.

18

Section 6.  Report to Governor and General Assembly.

19

The Governor's Office of Administration shall prepare an

20

annual report containing statistical information on the usage

21

and performance of the website. The report shall contain

22

frequency of user access of the website, types of data being

23

accessed and website performance. The report shall be submitted

24

to the Governor and the Majority Leader and the Minority Leader

25

of the Senate and the Majority Leader and the Minority Leader of

26

the House of Representatives by March 30 of each year beginning

27

March 30, 2014.

28

Section 40.  Effective date.

29

This act shall take effect immediately.

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