THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CHRISTIANA, FLECK, GABLER, MARSHALL AND REED, MAY 7, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 7, 2009  

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,"

further providing for submission and retention of contracts

and for public availability of contracts.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 1701(a) and 1702(a) of the act of

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

are amended 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, including contingent liabilities, involved in

the contract is or could be $5,000 or more, a 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:

(1)  Each Commonwealth agency, legislative agency and

judicial agency shall submit contracts in a form and

structure mutually agreed upon by the Commonwealth agency,

legislative agency or judicial agency and the State

Treasurer.

(2)  [The Treasury Department may require each] Each 

Commonwealth agency, legislative agency or judicial agency

[to] shall 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.

* * *

Section 1702.  Public availability of contracts.

(a)  General rule.--The Treasury Department shall make each

contract filed pursuant to section 1701 available for public

inspection [either] by posting [a] the copy of the contract on

the Treasury Department's publicly accessible Internet website

[or by posting a] and the contract summary on the department's

publicly accessible Internet website. All postings shall be

interoperative with each department's site on the State portal

of the Internet and with the appropriation line within the

appropriate general appropriation act from which funds for the

contract are appropriated. The Office of Administration, the

Administrative Office of the Pennsylvania Courts and the

Legislative Data and Processing Center shall provide assistance

to the Treasury Department.

* * *

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