PRINTER'S NO. 2761
No. 1979 Session of 2007
INTRODUCED BY BOYD, CUTLER, BENNINGHOFF, CARROLL, CLYMER,
DENLINGER, GINGRICH, HENNESSEY, HERSHEY, HICKERNELL,
HUTCHINSON, KAUFFMAN, MACKERETH, METCALFE, MURT, NAILOR,
PYLE, RAPP, REED, ROAE, SCHRODER, STEIL, STERN, SWANGER,
TRUE, TURZAI AND YUDICHAK, OCTOBER 26, 2007
REFERRED TO COMMITTEE ON APPROPRIATIONS, OCTOBER 26, 2007
AN ACT
1 Providing for enumeration of earmarks contained in
2 appropriations and for requirements for public disclosure.
3 The General Assembly of the Commonwealth of Pennsylvania
4 declares that in order to ensure the public trust and provide
5 for the greatest amount of transparency in the appropriation of
6 taxpayer moneys, any projects or programs that are included, but
7 not enumerated in an appropriation line-item, should be publicly
8 disclosed. Furthermore, because public confidence in government
9 can best be sustained by assuring the people of the impartiality
10 and honesty of the appropriations process, this act shall be
11 construed to promote complete disclosure as specified in this
12 act. It is recognized that clear guidelines are needed in order
13 to guide the General Assembly and the Governor in discharging
14 certain official actions relating to the making of
15 appropriations. Thus, the General Assembly by this act intends
16 to define as clearly as possible new requirements for the public
1 disclosure of earmarks which are contained in appropriations
2 made by the General Assembly.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the
7 Appropriations Accountability Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Earmark." Funds included in the appropriation made by the
13 General Assembly for projects or programs if the legislative
14 direction does any of the following:
15 (1) Circumvents the merit-based or competitive
16 allocation process.
17 (2) Specifies the location or recipient.
18 (3) Encumbers or dedicates any amount of the
19 appropriation for a specific location or recipient.
20 "General Assembly." The Senate and the House of
21 Representatives of the Commonwealth.
22 "Governor." The Governor of the Commonwealth.
23 Section 3. Appropriation earmarks.
24 (a) Appropriation limitations.--No appropriation shall be
25 made by the General Assembly that contains an earmark unless the
26 earmark has been enumerated under this section.
27 (b) Earmarks enumerated.--The information on the earmark
28 shall be transmitted to the Secretary of the Budget and shall at
29 a minimum contain the following information:
30 (1) The recipient's name.
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1 (2) The recipient's address.
2 (3) The type of entity the recipient represents,
3 including whether the recipient is a governmental entity,
4 locality, for-profit, nonprofit, private educational
5 institution or public educational institution.
6 (4) The amount of the earmark, including whether the
7 amount provided is sufficient to complete the project, if
8 applicable.
9 (5) A brief description of the project.
10 (6) Whether this is a first-time or continuing item.
11 (7) Budget information such as whether the earmark is
12 funded through discretionary or mandatory funding.
13 (8) Whether the earmark is in statutory language
14 included in the appropriation or elsewhere in law.
15 (9) The citation of which appropriation the earmark is
16 included in.
17 (10) Whether a member of the General Assembly or the
18 Governor requested the earmark.
19 Section 4. Duties of the Secretary of the Budget.
20 (a) Duty to publicly disclose.--The Secretary of the Budget
21 shall compile the information provided under section 3(b) and
22 make the information available to the public on the
23 Commonwealth's publicly accessible Internet website within 30
24 days of receipt of the information and in writing, upon request.
25 (b) Report to General Assembly.--The secretary shall, on an
26 annual basis, compile the information under section 3(b) and
27 make a report to the General Assembly relating to the same. The
28 report shall be received in open session in each house of the
29 General Assembly and filed for public inspection with the Chief
30 Clerk of the Senate and the Chief Clerk of the House of
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1 Representatives.
2 Section 5. Warrants not honored.
3 If an appropriation containing an earmark has been made by
4 the General Assembly and the earmark has not been enumerated and
5 publicly disclosed under section 3(b), the State Treasurer shall
6 not honor a warrant made for the payment of the specific amount
7 of the appropriation that includes the earmark. In such case,
8 that specific amount of the appropriation that includes the
9 earmark shall lapse at the end of the fiscal year.
10 Section 6. Construction.
11 This act shall be liberally construed to promote full
12 enumeration and disclosure of earmarks. In complying with this
13 act, the General Assembly and the Governor are authorized to
14 make disclosures of earmarks whenever such action would promote
15 complete disclosure, notwithstanding any limitations set forth
16 under this act.
17 Section 7. Applicability.
18 This act shall apply to appropriations made for the 2008-2009
19 fiscal year and for each year thereafter.
20 Section 10. Effective date.
21 This act shall take effect in 60 days.
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