THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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 AND STEPHENS, JANUARY 19, 2011

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, JANUARY 25, 2011   

AN ACT

Providing for the establishment of a searchable budget database-

driven Internet website detailing certain information

concerning taxpayer investments.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

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

Web Accountability, Transparency and Contract Hub Act or as the

PennWATCH Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commonwealth agency."  An executive agency, a legislative

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

affiliated entity.

"Executive agency."

(1)  Any one of the following:

(i)  The Governor and the departments, boards,

commissions, authorities and other officers and agencies

of the Commonwealth.

(ii)  The Treasury Department. 

(iii)  The Department of the Auditor General.

(iv)  The Office of Attorney General.

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

legislative agency, independent agency, State-affiliated

entity, State-related institution, political subdivision or

any local, regional or metropolitan transportation authority.

"Expenditures."  A disbursement of Commonwealth funds. The

term includes a grant, a payment under a contract, an

appropriation, tax exemption or tax credit. The term does not

include a payment to an individual of State public or

unemployment assistance or services or to an employee for unused

benefits upon retirement.

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

Federal or State funds appropriated by the General Assembly,

statute or executive authorization.

"Independent agency."  Boards, commissions and other agencies

and officers of the Commonwealth which are not subject to the

policy supervision and control of the Governor. The term does

not include an executive agency, judicial agency, legislative

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

political subdivision or any local, regional or metropolitan

transportation authority.

"Judicial agency."

(1)  Any of the following:

(i)  The Supreme Court of Pennsylvania.

(ii)  The Superior Court of Pennsylvania.

(iii)  The Commonwealth Court of Pennsylvania.

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

the unified judicial system.

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

legislative agency, independent agency, State-affiliated

entity, State-related institution, political subdivision or

any local, regional or metropolitan transportation authority.

"Legislative agency."

(1)  Any of the following:

(i)  The Senate of Pennsylvania.

(ii)  The Pennsylvania House of Representatives.

(iii)  Any other officer or agency of the General

Assembly.

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

judicial agency, independent agency, State-affiliated entity,

State-related institution, political subdivision or any

local, regional or metropolitan transportation authority.

"Recipient."  A person to which an expenditure is made.

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

Commonwealth entity. The term includes the Pennsylvania Gaming

Control Board, the Commonwealth Financing Authority, the

Pennsylvania Turnpike Commission, the Pennsylvania Housing

Finance Agency, the Pennsylvania Municipal Retirement System,

the Pennsylvania Infrastructure Investment Authority, the State

Public School Building Authority, the Pennsylvania Higher

Educational Facilities Authority and the State System of Higher

Education. The term does not include a judicial agency,

legislative agency, State-related institution, political

subdivision or any local, regional or metropolitan

transportation authority.

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

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

Office, Office of Comptroller Operations, the Joint State

Government Commission or the Legislative Budget and Finance

Committee, relating to a funding recipient, a budget program or

an agency.

"State-related institution."  The Pennsylvania State

University, the University of Pittsburgh, Lincoln University or

Temple University.

Section 3.  Searchable budget database.

(a)  Development.--By August 31, 2011, the State Treasurer

shall develop, implement and maintain a single, searchable,

public Internet website to be known as PennWATCH. The Internet

website shall contain the revenue and expenditure information

for Commonwealth agencies as required under subsection (b) in

numerical and, where appropriate, graphical depictions. The

Internet website shall allow the public to search for and

aggregate information at no cost.

(b)  Contents.--Except as provided under subsection (c) and

by August 31 of each fiscal year, the Internet website shall

include the source tax and amount of revenue received by the

Commonwealth for the previous fiscal year and the following

information relating to each expenditure of a Commonwealth

agency for the previous fiscal year:

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

recipient of the expenditure.

(2)  The amount of expenditure.

(3)  The fund source of the expenditure.

(4)  The applicable appropriation line item in the

General Appropriation Act from which the expenditure is made.

(5)  If the expenditure was made under a contract, a

hyperlink to the copy of the contract maintained under

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

known as the Right-to-Know Law.

(6)  A description of the program under which the

expenditure is made.

(7)  The expected performance outcomes achieved from the

expenditure, if available.

(8)  Any State audit report relating to the recipient,

the program or the Commonwealth agency administering the

funding.

(9)  Any other relevant information specified by the

State Treasurer.

(c)  Exemption.--The following shall not be included in the

Internet website:

(1)  Records, material dates, data or other information

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

(relating to administrative duties of board).

(2)  Records, material dates, data or other information

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

administrative duties of board).

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

Know Law.

(d)  Maintenance.--Beginning August 31, 2011, information for

a fiscal year shall remain on the Internet website for a period

of at least ten years from the date of posting.

Section 4.  Administration.

(a)  Commonwealth agency requirements.--Each Commonwealth

agency shall cooperate with and provide to the State Treasurer

all information required under section (3)(b) no later than 30

days after the information becomes available to the Commonwealth

agency.

(b)  Format.--Each Commonwealth agency shall create and

maintain the information required to be posted under section

3(b) in ASCII-delimited text file, spreadsheet file or other

file as required by the State Treasurer.

Section 5.  Compliance.

The State Treasurer shall not be considered in compliance

with this act unless the data required for the searchable budget

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database is:

(1)  available in a searchable manner; or

(2)  are to be aggregated or, if the public is redirected

to other government Internet websites, the other Internet

websites contain the data required under this act Internet

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website is available in a searchable manner and able to be

aggregated.

Section 6.  Effective date.

This act shall take effect in 90 days.