PRINTER'S NO. 1104
No. 914 Session of 2007
INTRODUCED BY CORMAN, PILEGGI, SCARNATI, ARMSTRONG, ROBBINS,
ERICKSON, TOMLINSON, RAFFERTY, BOSCOLA, REGOLA, ORIE, BAKER,
FOLMER, EARLL, COSTA, M. WHITE, RHOADES, WAUGH AND BROWNE,
JUNE 6, 2007
REFERRED TO STATE GOVERNMENT, JUNE 6, 2007
AN ACT
1 Requiring the posting of certain State contract information on
2 the Internet; and making a related repeal.
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 State
7 Contract Information 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 "Commonwealth agency." Any of the following:
13 (1) The Governor, Lieutenant Governor, Attorney General,
14 Auditor General, State Treasurer and the departments,
15 offices, boards, authorities, commissions and other agencies
16 of the executive branch of the government of the
17 Commonwealth, whether or not subject to the supervision and
1 control of the Governor.
2 (2) The legislative branch of government of the
3 Commonwealth.
4 (3) Any court and any office of the unified judicial
5 system of the Commonwealth.
6 Section 3. Submission and retention of contracts.
7 (a) General rule.--Whenever any Commonwealth agency shall
8 enter into any contract involving any property, real, personal
9 or mixed of any kind or description or any contract for personal
10 services where the consideration involved in said contract is
11 $5,000 or more, a copy of said contract shall be furnished to
12 the Treasury Department within ten days after the contract is
13 executed on behalf of the Commonwealth agency or otherwise
14 becomes an obligation of the Commonwealth agency.
15 (1) Each Commonwealth agency shall submit contracts in a
16 form and structure mutually agreed upon by the Commonwealth
17 agency and the State Treasurer.
18 (2) The Treasury Department may require each
19 Commonwealth agency to provide a summary with each contract,
20 which shall include the following:
21 (i) Date of execution.
22 (ii) Amount of the contract.
23 (iii) Length of the contract.
24 (iv) Name of Commonwealth agency entering into the
25 contract.
26 (v) All parties involved in the contract.
27 (vi) Subject matter of the contract.
28 (b) Retention.--Every contract filed pursuant to subsection
29 (a) shall remain on file with the Treasury Department for a
30 period of not less than four years after all disbursements have
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1 been made on the contracts.
2 (c) Accuracy.--Each Commonwealth agency is responsible for
3 verifying the accuracy and completeness of the information that
4 it submits to the State Treasurer.
5 Section 4. Public availability of contracts.
6 (a) General rule.--The Treasury Department shall make each
7 contract filed pursuant to section 3 available for public
8 inspection either by posting a complete copy of the contract on
9 the Treasury Department's publicly accessible Internet website
10 or by posting a contract summary on the department's publicly
11 accessible Internet website.
12 (b) Posting.--The Treasury Department shall post the
13 information received pursuant to this act in a way that allows
14 the public to search contracts or contract summaries by the
15 categories enumerated in section 3(a)(2).
16 (c) Request to review or receive copy of contract.--The
17 Treasury Department shall maintain a page on its publicly
18 accessible Internet website with instructions on how to request
19 to review a contract and how to request a copy of a contract.
20 Requests to review or receive a copy of a contract shall be
21 allowed by letter, facsimile or e-mail. Additionally, both
22 requests shall be honored within five days of the submission of
23 the request and in the case of a request for a copy of a
24 contract it shall be provided to the individual at cost. The
25 Treasury Department may offer to provide a copy of the requested
26 contract electronically to the requester at no cost.
27 Section 5. Commercial use of data prohibited.
28 It shall be unlawful for any person to use the contents of
29 the posting of information under this act for any commercial
30 purpose whatsoever.
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1 Section 6. Repeals.
2 (a) Intent.--The General Assembly declares that the repeal
3 under subsection (b) is necessary to effectuate the purposes of
4 this act.
5 (b) Provision.--Section 1104 of the act of April 9, 1929
6 (P.L.177, No.175), known as The Administrative Code of 1929, is
7 repealed.
8 Section 7. Effective date.
9 This act shall take effect July 1, 2007, or immediately,
10 whichever is later.
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