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| PRIOR PRINTER'S NOS. 88, 550 | PRINTER'S NO. 982 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BROWNE, PICCOLA, ROBBINS, ORIE, FOLMER, ERICKSON, SCARNATI, RAFFERTY, SMUCKER, EICHELBERGER, D. WHITE, VOGEL, VANCE, TOMLINSON, BAKER, WARD, ALLOWAY, PIPPY, YAW, WAUGH, GORDNER, PILEGGI, BRUBAKER, COSTA, GREENLEAF, EARLL, MENSCH, YUDICHAK, WILLIAMS, FARNESE AND WOZNIAK, JANUARY 12, 2011 |
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| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, APRIL 5, 2011 |
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| AN ACT |
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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. |
11 | The following words and phrases when used in this act shall |
12 | have the meanings given to them in this section unless the |
13 | context clearly indicates otherwise: |
14 | "Commonwealth agency." An executive agency, a legislative |
15 | agency, a judicial agency, an independent agency or a State- |
16 | affiliated entity. |
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1 | "Employment compensation." Payment, including gross salary, |
2 | overtime and bonus, made to an employee or officer of a |
3 | Commonwealth agency in exchange for services rendered to that |
4 | Commonwealth agency. |
5 | "Entity." Any natural person, corporation, association, |
6 | union, limited liability company or limited liability |
7 | partnership; any other legal business entity, including a |
8 | nonprofit, a grantee, a contractor and a sole proprietor; and |
9 | any county, city or other local government entity. |
10 | "Executive agency." |
11 | (1) Any one of the following: |
12 | (i) The Governor and the departments, boards, |
13 | commissions, authorities and other officers and agencies |
14 | of the Commonwealth. |
15 | (ii) The Treasury Department. |
16 | (iii) The Department of the Auditor General. |
17 | (iv) The Office of Attorney General. |
18 | (2) The term does not include a judicial agency, |
19 | legislative agency, independent agency, State-affiliated |
20 | entity, State-related institution, political subdivision or |
21 | any local, regional or metropolitan transportation authority. |
22 | "Fund source." The General Fund, special funds or other |
23 | Federal or State funds appropriated by the General Assembly, |
24 | statute or executive authorization. |
25 | "Funding action or expenditure." A payment by a Commonwealth |
26 | agency made to an entity under the terms of a grant agreement or |
27 | for the purchase of goods and services, including payments in |
28 | cash, by check or by any form of electronic funds transfer or |
29 | deposit. The term does not include social services payments, |
30 | unemployment compensation, property tax or rent rebate checks or |
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1 | any other payments offered not in regard to goods provided or |
2 | services rendered or not pursuant to a grant agreement but |
3 | offered as direct monetary payments for which eligibility is |
4 | determined in whole or in part by income level or economic |
5 | status. |
6 | "Funding source." The agency responsible for requesting, |
7 | authorizing or directing a funding action or expenditure. |
8 | "Independent agency." Boards, commissions and other agencies |
9 | and officers of the Commonwealth which are not subject to the |
10 | policy supervision and control of the Governor. The term does |
11 | not include an executive agency, judicial agency, legislative |
12 | agency, State-affiliated entity, State-related institution, |
13 | political subdivision or any local, regional or metropolitan |
14 | transportation authority. |
15 | "Judicial agency." |
16 | (1) Any of the following: |
17 | (i) The Supreme Court of Pennsylvania. |
18 | (ii) The Superior Court of Pennsylvania. |
19 | (iii) The Commonwealth Court of Pennsylvania. |
20 | (iv) Any other court or other officer or agency of |
21 | the unified judicial system. |
22 | (2) The term does not include an executive agency, |
23 | legislative agency, independent agency, State-affiliated |
24 | entity, State-related institution, political subdivision or |
25 | any local, regional or metropolitan transportation authority. |
26 | "Legislative agency." |
27 | (1) Any of the following: |
28 | (i) The Senate of Pennsylvania. |
29 | (ii) The Pennsylvania House of Representatives. |
30 | (iii) Any other officer or agency of the General |
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1 | Assembly. |
2 | (2) The term does not include an executive agency, |
3 | judicial agency, independent agency, State-affiliated entity, |
4 | State-related institution, political subdivision or any |
5 | local, regional or metropolitan transportation authority. |
6 | "Social services payments." Cash assistance and other |
7 | welfare benefits payments, education benefits payments, workers' |
8 | compensation and unemployment compensation payments. |
9 | "State-affiliated entity." A Commonwealth authority or a |
10 | Commonwealth entity. The term includes the Pennsylvania Gaming |
11 | Control Board, the Commonwealth Financing Authority, the |
12 | Pennsylvania Turnpike Commission, the Pennsylvania Housing |
13 | Finance Agency, the Pennsylvania Municipal Retirement System, |
14 | the Pennsylvania Infrastructure Investment Authority, the State |
15 | Public School Building Authority, the Pennsylvania Higher |
16 | Educational Facilities Authority and the State System of Higher |
17 | Education. The term does not include a judicial agency, |
18 | legislative agency, State-related institution, political |
19 | subdivision or any local, regional or metropolitan |
20 | transportation authority. |
21 | "State audit or report." An audit report issued by the |
22 | Auditor General, a Commonwealth agency, including the Governor's |
23 | Office, Office of Comptroller Operations, the Joint State |
24 | Government Commission or the Legislative Budget and Finance |
25 | Committee, relating to a funding action or expenditure, a budget |
26 | program or a Commonwealth agency. |
27 | "State-related institution." The Pennsylvania State |
28 | University, the University of Pittsburgh, Lincoln University or |
29 | Temple University. |
30 | Section 3. Searchable budget database. |
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1 | (a) Development.--By December 2011, the Independent Fiscal |
2 | Office shall develop, implement and maintain a single, |
3 | searchable, public Internet website to be called PennWATCH. The |
4 | Internet website shall provide the annual appropriation |
5 | information and funding action or expenditure information for |
6 | Commonwealth agencies. Information on the Internet website shall |
7 | include: |
8 | (1) The name and address of the principal location or |
9 | residence and the applicable vendor identification system of |
10 | the entity receiving payment. |
11 | (2) The amount of the funding action or expenditure. |
12 | (3) The fund source and the funding source of the |
13 | funding action or expenditure. |
14 | (4) The applicable appropriation and appropriation |
15 | fiscal year from which the expenditure is made. |
16 | (5) A counter to show the number of times the Internet |
17 | website is accessed. |
18 | (b) Additional data.--By December 31, 2013, the PennWATCH |
19 | website shall provide additional data, including: |
20 | (1) If an expenditure was made under a contract, a |
21 | hyperlink to the copy of the contract maintained under |
22 | Chapter 17 of the act of February 14, 2008 (P.L.6, No.3), |
23 | known as the Right-to-Know Law. |
24 | (2) A description of the program under which the funding |
25 | action or expenditure is made. |
26 | (3) The expected performance outcomes achieved from the |
27 | funding action or expenditure, if available. |
28 | (4) Information for PennWATCH to offer a hyperlink to |
29 | any final State audit report relating to the entity, the |
30 | program or the funding source administering the funding |
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1 | action or expenditure. |
2 | (c) Access.--The Internet website shall allow the public to |
3 | search for and aggregate information at no cost. |
4 | (d) Source tax and amount.--Except as provided under |
5 | subsection (e), by August 31 of each fiscal year, beginning in |
6 | fiscal year 2012-2013, the Internet website shall include the |
7 | source tax and amount of revenue received by the Commonwealth |
8 | for the previous fiscal year and such other information as |
9 | required by this subsection: |
10 | (1) The total number of individuals employed by each |
11 | Commonwealth agency for the previous fiscal year. |
12 | (2) Links to each Commonwealth agency Internet website |
13 | where available. |
14 | (e) Exemption.--Notwithstanding the requirements outlined in |
15 | subsections (a), (b), (c) and (d), the following shall not be |
16 | included in the Internet website: |
17 | (1) Records, material data or other information exempted |
18 | from disclosure under 24 Pa.C.S. § 8502(e)(2) (relating to |
19 | administrative duties of board). |
20 | (2) Records, material data or other information exempted |
21 | from disclosure 71 Pa.C.S. § 5902(e)(2) (relating to |
22 | administrative duties of board). |
23 | (3) Records exempted from disclosure under the Right-to- |
24 | Know Law. |
25 | (f) Maintenance.--Information for a fiscal year shall remain |
26 | on the Internet website for a period of at least ten years from |
27 | the date of posting. |
28 | Section 4. Administration. |
29 | (a) Commonwealth agency requirements.--Each Commonwealth |
30 | agency shall cooperate with and provide to the Independent |
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1 | Fiscal Office all required information at the time the request |
2 | for funding action or expenditure is submitted. |
3 | (b) Accuracy.--Each Commonwealth agency is responsible for |
4 | verifying the accuracy and completeness of the information that |
5 | it submits to the Independent Fiscal Office. |
6 | (c) Format and classification system.-- |
7 | (1) Each Commonwealth agency shall create and maintain |
8 | the information required to be posted under section 3 in |
9 | ASCII-fixed text file, XML or other commonly agreed upon file |
10 | format. |
11 | (2) The Independent Fiscal Office may require the use of |
12 | a classification system to allow consistent categorization of |
13 | different types of goods and services that may be the subject |
14 | of a funding action or expenditure. |
15 | Section 5. Submission of information. |
16 | (a) Employment compensation.--Beginning in 2012, by February |
17 | 15, each Commonwealth agency shall submit information to the |
18 | Independent Fiscal Office providing the employment compensation |
19 | for each of its employees for the preceding calendar year. |
20 | (b) Required information.--Each Commonwealth agency shall |
21 | submit the following information to the Independent Fiscal |
22 | Office: |
23 | (1) Name of the employee receiving compensation. |
24 | (2) Amount of total employment compensation. |
25 | (3) Funding source. |
26 | (4) Position title. |
27 | Section 6. Vendor identification system. |
28 | (a) Vendor identification system.--The Independent Fiscal |
29 | Office may maintain a vendor identification system for mandatory |
30 | use by all Commonwealth agencies in order to provide a common |
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1 | designation of each payee and to facilitate aggregation of data |
2 | on the public Internet website. |
3 | (b) Cooperation with agencies.--The Independent Fiscal |
4 | Office shall work with Commonwealth agencies in maintaining the |
5 | vendor identification system. |
6 | (c) Compatibility.--The vendor identification system shall |
7 | be compatible with existing systems within Commonwealth |
8 | agencies. |
9 | Section 7. Report to General Assembly and Governor. |
10 | The Independent Fiscal Office shall prepare an annual report |
11 | containing statistical information on the usage and performance |
12 | of the Internet website mandated by this act. The report shall |
13 | contain, but not be limited to, frequency of user access of the |
14 | website, types of data being accessed and website performance. |
15 | The report shall be submitted to the General Assembly and the |
16 | Governor by March 30 of each year beginning March 30, 2012. |
17 | Section 8. Compliance. |
18 | The Independent Fiscal Office shall not be considered in |
19 | compliance with this act unless the data required for the |
20 | Internet website is available by the dates specified in this |
21 | act. |
22 | Section 20. Effective date. |
23 | This act shall take effect immediately. |
24 | Section 1. Short title. | <-- |
25 | This act shall be known and may be cited as the Pennsylvania |
26 | Web Accountability and Transparency (PennWATCH) Act. |
27 | Section 2. Definitions. |
28 | The following words and phrases when used in this act shall |
29 | have the meanings given to them in this section unless the |
30 | context clearly indicates otherwise: |
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1 | "Commonwealth agency." Any office, department, authority, |
2 | board, multistate agency or commission of the executive branch, |
3 | an independent agency or a State-affiliated entity. The term |
4 | includes: |
5 | (1) The Governor's Office. |
6 | (2) The Office of Attorney General. |
7 | (3) The Department of the Auditor General. |
8 | (4) The Treasury Department. |
9 | (5) An organization established by the Constitution of |
10 | Pennsylvania, a statute or an executive order which performs |
11 | or is intended to perform an essential government function. |
12 | (6) A judicial agency or legislative agency. |
13 | "Entity." An individual, corporation, association, union, |
14 | limited liability company or limited liability partnership; any |
15 | other legal business entity, including a nonprofit, a grantee, a |
16 | contractor and a sole proprietor; and any political subdivision |
17 | or other local government entity. |
18 | "Fund source." The General Fund, special funds or other |
19 | Federal or State funds appropriated by the General Assembly, by |
20 | statute or by executive authorization. |
21 | "Funding action or expenditure." A payment by a Commonwealth |
22 | agency to include: |
23 | (1) A grant. |
24 | (2) A loan. |
25 | (3) Reimbursement. |
26 | (4) Payment made pursuant to the purchase of goods and |
27 | services, or to a construction or other contract. |
28 | (5) Payment of debt service. |
29 | (6) Payments made pursuant to a formula. |
30 | (7) Payments to political subdivisions or other local |
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1 | government entities. |
2 | The term shall not include social services payments, |
3 | unemployment compensation, workers' compensation, property tax |
4 | or rent rebate, employee benefit buyouts or other program that |
5 | provides direct monetary payments to an individual. |
6 | "Independent agency." Boards, commissions and other agencies |
7 | and officers of the Commonwealth which are not subject to the |
8 | policy supervision and control of the Governor. |
9 | "Judicial agency." Any of the following: |
10 | (1) The Supreme Court of Pennsylvania. |
11 | (2) The Superior Court of Pennsylvania. |
12 | (3) The Commonwealth Court of Pennsylvania. |
13 | (4) The Administrative Office of Pennsylvania Courts. |
14 | "Legislative agency." A legislative agency as defined under |
15 | section 102 of the act of February 14, 2008 (P.L.6, No.3), known |
16 | as the Right-to-Know Law. |
17 | "Social services payment." Payments made to an individual |
18 | for cash assistance, medical and other health-related or |
19 | welfare-related benefits or services, education benefits or |
20 | aging services. |
21 | "State-affiliated entity." A Commonwealth authority or a |
22 | Commonwealth entity. The term includes the Pennsylvania Gaming |
23 | Control Board, the Commonwealth Financing Authority, the |
24 | Pennsylvania Turnpike Commission, the Pennsylvania Housing |
25 | Finance Agency, the Pennsylvania Municipal Retirement System, |
26 | the Pennsylvania Infrastructure Investment Authority, the State |
27 | Public School Building Authority, the Pennsylvania Higher |
28 | Educational Facilities Authority and the State System of Higher |
29 | Education. |
30 | Section 3. Searchable budget database. |
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1 | (a) Development.--By December 31, 2012, the Independent |
2 | Fiscal Office shall develop, implement and maintain a single, |
3 | searchable, public Internet website to be called PennWATCH. |
4 | PennWATCH shall provide the annual appropriation, funding action |
5 | or expenditure information for Commonwealth agencies. |
6 | Information on PennWATCH shall include: |
7 | (1) The name and address of the vendor and the |
8 | applicable identifier under the vendor identification system |
9 | established under section 5(a) of the entity receiving a |
10 | payment. |
11 | (2) The amount of the funding action or expenditure. |
12 | (3) The agency initiating the funding action or |
13 | expenditure. |
14 | (4) The applicable appropriation and the appropriation |
15 | fiscal year from which the expenditure is made. |
16 | (5) A counter to show the number of times PennWATCH is |
17 | accessed. |
18 | (6) The funding source. |
19 | (7) If required under section 4(c)(2), the |
20 | classification system. |
21 | (b) State revenue.--Except as provided under subsection (f), |
22 | and by December 31, 2012, and each month thereafter, PennWATCH |
23 | shall show unrestricted State revenue that has been received and |
24 | deposited in the General Fund and the Motor License Fund of the |
25 | State Treasury during the previous month. The State revenue |
26 | shall be posted by the 15th day of the month following deposit |
27 | in the State Treasury. State revenue derived from taxes shall be |
28 | reported by specific tax type. State revenue derived from nontax |
29 | sources shall be reported as liquor store transfer, license and |
30 | fees, miscellaneous, and fines, penalties and interest as |
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1 | appropriate. |
2 | (c) Agency websites.--Beginning on December 31, 2012, |
3 | PennWATCH shall include links to each Commonwealth agency |
4 | Internet website where available. |
5 | (d) Complement.--By September 1, 2013, and on the first of |
6 | each month thereafter, PennWATCH shall: |
7 | (1) Show the total number of individuals employed by |
8 | each Commonwealth agency as of the 15th day of the previous |
9 | month. |
10 | (2) Show the name, position title and annualized salary |
11 | for each individual employed by each Commonwealth agency |
12 | based on the employee's pay schedule and current salary. |
13 | (e) Additional data.--By December 31, 2014, PennWATCH shall |
14 | provide additional data, including: |
15 | (1) A description of the program under which the funding |
16 | action or expenditure is made. |
17 | (2) The expected performance outcomes achieved from the |
18 | funding action or expenditure, if available. |
19 | (f) Exemption.--Notwithstanding subsections (a), (b) and |
20 | (e), the following shall not be included in PennWATCH: |
21 | (1) Records, data or other information exempted from |
22 | disclosure under 24 Pa.C.S. § 8502(e)(2) (relating to |
23 | administrative duties of board). |
24 | (2) Records, data or other information exempted from |
25 | disclosure under 71 Pa.C.S. § 5902(e)(2) (relating to |
26 | administrative duties of board). |
27 | (3) Records not subject to disclosure under the act of |
28 | February 14, 2008 (P.L.6, No.3), known as the Right-to-Know |
29 | Law. |
30 | (g) Access.--PennWATCH shall allow the public to search for |
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1 | and aggregate information at no cost. |
2 | (h) Maintenance.--Information for a fiscal year shall remain |
3 | on PennWATCH for a period of at least ten years from the date of |
4 | posting. |
5 | Section 4. Administration. |
6 | (a) Commonwealth agency requirements.--Each Commonwealth |
7 | agency shall cooperate with the Independent Fiscal Office and |
8 | provide the office with all required information under this act |
9 | at the time the request for funding action or expenditure is |
10 | submitted to the State Treasury for payment. |
11 | (b) Accuracy.--Each Commonwealth agency is responsible for |
12 | verifying the accuracy and completeness of information submitted |
13 | to the Independent Fiscal Office. |
14 | (c) Format and classification system.-- |
15 | (1) Each Commonwealth agency shall create and maintain |
16 | the information required to be posted under section 3 in a |
17 | manner prescribed by the Independent Fiscal Office. The |
18 | office shall consult with judicial agencies, legislative |
19 | agencies and other Commonwealth agencies to develop the |
20 | format to be utilized. |
21 | (2) The Independent Fiscal Office may require the use of |
22 | a classification system to allow consistent categorization of |
23 | different types of goods and services that may be the subject |
24 | of a funding action or expenditure. The office shall consult |
25 | with judicial agencies, legislative agencies and other |
26 | Commonwealth agencies to develop the system. |
27 | Section 5. Vendor identification system. |
28 | (a) Vendor identification system.--The Independent Fiscal |
29 | Office may develop and maintain a vendor identification system |
30 | for use by all Commonwealth agencies in order to provide a |
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1 | common designation of each payee and to facilitate aggregation |
2 | of data on PennWATCH. The office shall consult with judicial |
3 | agencies, legislative agencies and other Commonwealth agencies |
4 | to develop and maintain the system. |
5 | (b) Compatibility.--The vendor identification system shall |
6 | be compatible with existing systems within Commonwealth |
7 | agencies. |
8 | Section 6. Report to General Assembly and Governor. |
9 | The Independent Fiscal Office shall prepare an annual report |
10 | containing statistical information on the usage and performance |
11 | of PennWATCH. The report shall contain frequency of user access |
12 | of PennWATCH, types of data being accessed and website |
13 | performance. The report shall be submitted to the General |
14 | Assembly and the Governor by March 30 of each year beginning |
15 | March 30, 2014. |
16 | Section 7. Compliance. |
17 | The Independent Fiscal Office shall not be considered in |
18 | compliance with this act unless the data required for PennWATCH |
19 | is available by the dates specified in this act. |
20 | Section 20. Effective date. |
21 | This act shall take effect immediately. |
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