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PRINTER'S NO. 3491
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2147
Session of
2015
INTRODUCED BY CHRISTIANA, CUTLER, MUSTIO, DUSH, FEE, GIBBONS,
GROVE, A. HARRIS, PHILLIPS-HILL, KAUFFMAN, LAWRENCE,
MACKENZIE, MARSICO, McGINNIS, MILLARD, MOUL, SAYLOR,
STEPHENS, TOEPEL, TOPPER, VEREB AND WARD, JUNE 9, 2016
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 9, 2016
AN ACT
Amending the act of June 30, 2011 (P.L.81, No.18), entitled "An
act providing for the establishment of a searchable budget
database-driven Internet website detailing certain
information concerning taxpayer expenditures and
investments," further providing for definitions, for
searchable budget database and for administration;
establishing an advisory committee; and further providing for
vendor identification system and for report to Governor and
General Assembly.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of June 30, 2011 (P.L.81,
No.18), known as the Pennsylvania Web Accountability and
Transparency (PennWATCH) Act, is amended by adding definitions
to read:
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:
"Advisory committee." The advisory committee established
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under section 4.1.
* * *
"Director." The Director of the Independent Fiscal Office
appointed under 71 Pa.C.S. § 4111 (relating to appointment).
* * *
"Office." The Independent Fiscal Office established under 71
Pa.C.S. § 4103 (relating to office established).
* * *
"PennWATCH." The searchable budget database established in
section 3.
* * *
Section 2. Section 3(a), (d), (g) and (h) of the act are
amended and the section is amended by adding subsections to
read:
Section 3. Searchable budget database.
(a) Development.--[By December 31, 2012, the] The Governor's
Office of Administration shall develop, implement and maintain a
single, searchable, public Internet website to be called
PennWATCH. The website shall provide the annual appropriation
and funding action or expenditure information paid to a
Commonwealth agency or other entity from Federal or State funds.
Information on the website shall include:
(1) The name and address of the Commonwealth agency or
other entity receiving funding and the applicable identifier
and classification under the vendor identification system
under section 5 of the entity receiving a payment.
(2) The amount of the funding action or expenditure.
(3) The agency initiating the funding action or
expenditure.
(4) The applicable appropriation and the appropriation
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fiscal year from which the funding action or expenditure is
made.
(5) A counter to show the number of times the website is
accessed.
(6) The funding source.
(a.1) Transfer of management.--
(1) By December 31, 2016, the Governor's Office of
Administration shall transfer or assign all hardware,
software, accounts and contracts used to host, manage and
support PennWATCH to the office.
(2) Upon completion of the transfer under paragraph (1),
the Governor's Office of Administration shall cause a notice
to be published in the Pennsylvania Bulletin that PennWATCH
has been transferred to the office.
(3) Following the transfer under paragraph (1), the
office, with the advice of the advisory committee, shall
continue to develop, implement and maintain PennWATCH.
* * *
(d) Agency websites.--[By December 31, 2012, the] The
website shall include links to each Commonwealth agency Internet
website and official Commonwealth agency social media accounts,
where available.
* * *
(f.1) Additional data and reports.--By December 31, 2016,
the website shall provide additional data and reports,
including:
(1) Reports required by statute to be prepared by a
Commonwealth agency for submission to the General Assembly.
(2) The materials required to be submitted to the
General Assembly under section 613 of the act of April 9,
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1929 (P.L. 177, No. 175), known as The Administrative Code of
1929.
(3) Revenue estimates required to be prepared under
section 618 of The Administrative Code of 1929.
(g) Exemption.--Notwithstanding [subsections (a), (b) and
(f)] any other provision of this act, the following shall not be
included on the website:
(1) Records, data or other information exempted from
disclosure under 24 Pa.C.S. § 8502(e)(2) (relating to
administrative duties of board).
(2) Records, data or other information exempted from
disclosure under 71 Pa.C.S. § 5902(e)(2) (relating to
administrative duties of the board).
(3) Records not subject to disclosure under the act of
February 14, 2008 (P.L.6, No.3), known as the Right-to-Know
Law.
(h) Access.--The website shall allow the public to search
for and aggregate information at no cost. Where applicable, the
information shall also be presented in a downloadable database
or spreadsheet format.
* * *
Section 3. Section 4(a) of the act is amended to read:
Section 4. Administration.
(a) Commonwealth agency requirements.--Each Commonwealth
agency shall cooperate with the [Governor's Office of
Administration] office. The following shall apply:
(1) Each Commonwealth agency shall provide the office
with all appropriation and funding action or expenditure
information as required under this act at the time the
funding action or expenditure is paid by the State Treasury.
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(2) Each Commonwealth agency shall provide the office
with complement and employment compensation information as
required under this act prior to the end of each month.
* * *
Section 4. The act is amended by adding a section to read:
Section 4.1. Advisory committee.
(a) Establishment.--The PennWATCH Advisory Committee is
established as an advisory committee to the office.
(b) Duties.--The advisory committee shall make nonbinding
recommendations to the director on ways to improve the
usability, function and breadth of information presented on
PennWATCH.
(c) Consideration of recommendations.--The office shall
consider recommendations under subsection (b).
(d) Membership.--The committee shall consist of the
following members:
(1) The Executive Director of the Office of Open
Records.
(2) Three members appointed by the Governor.
(3) Two members appointed by each of the following:
(i) The President pro tempore of the Senate.
(ii) The Minority Leader of the Senate.
(iii) The Speaker of the House of Representatives.
(iv) The Minority Leader of the House of
Representatives.
(4) The director, who shall serve as a nonvoting chair.
(e) Duration of appointment.--Appointments made under
subsection (d)(2) and (3) shall last for two years.
(f) Meetings and recommendations.--
(1) Meetings of the advisory committee shall be at the
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call of the chair but must be held at least annually.
(2) At least once each year, the advisory committee
shall present recommendations which have been adopted by a
majority of the advisory committee to the director. The
recommendations shall be published on PennWATCH.
(g) Compensation prohibited.--Members may not receive any
compensation or reimbursement connected to service on the
advisory committee.
(h) Expertise of appointed members.--The appointed members
under subsection (d)(2) and (3) shall be persons with expertise
in fields or practices relating to PennWATCH, including, but not
limited to, journalism, government, information technology, data
management, website design, open government and fields of
research which use data from PennWATCH.
Section 5. Sections 5 and 6 of the act are amended to read:
Section 5. Vendor identification system.
The vendor identification system specified by the [Governor's
Office of Administration] office shall be used to provide a
common designation of each entity and to facilitate aggregation.
Section 6. Report to Governor and General Assembly.
The [Governor's Office of Administration] office shall
prepare an annual report containing statistical information on
the usage and performance of the website. The report shall
contain frequency of user access of the website, types of data
being accessed [and], website performance and recommendations
adopted by the advisory committee. The report shall be submitted
to the Governor and the Majority Leader and the Minority Leader
of the Senate and the Majority Leader and the Minority Leader of
the House of Representatives by March 30 of each year beginning
March 30, 2014.
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Section 6. This act shall take effect as follows:
(1) This section and the addition of sections 3(a.1) and
4.1 of the act shall take effect immediately.
(2) The remainder of this act shall take effect upon the
publishing of the notice under section 3(a.1)(2) of the act.
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