PRINTER'S NO. 2415
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1792
Session of
2019
INTRODUCED BY D. MILLER, HILL-EVANS, SCHLOSSBERG, HOHENSTEIN,
YOUNGBLOOD, FRANKEL, DeLUCA, KEEFER, MADDEN AND READSHAW,
SEPTEMBER 5, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 5, 2019
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; and making
editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The title of the act of June 30, 2011 (P.L.81,
No.18), known as the Pennsylvania Web Accountability and
Transparency (PennWATCH) Act, is amended to read:
AN ACT
Providing for the establishment of a searchable [budget]
database-driven Internet website detailing certain
information concerning taxpayer expenditures and investments
and the sale or use of personal nonpublic information.
Section 2. Section 2 of the act is amended by adding
definitions to read:
Section 2. Definitions.
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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:
* * *
"Personal nonpublic information." Information collected by
or at the direction of a Commonwealth agency, political
subdivision or instrumentality of a political subdivision:
(1) from or regarding an individual; or
(2) in the form of nonpublic property, images, data or
other information collected through a publicly owned device
or network.
* * *
"Third-party agent." A person that has been contracted to
collect, maintain, store or process, or is otherwise permitted
to access, personal nonpublic information in connection with
providing services to a Commonwealth agency, political
subdivision or instrumentality of a political subdivision.
Section 3. Section 3 heading and (a) of the act are amended
to read:
Section 3. Searchable [budget] database.
(a) Development.--By December 31, 2012, 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[.], in addition to the nature and extent of personal
nonpublic information provided by a Commonwealth agency,
political subdivision or instrumentality of a political
subdivision to a third-party agent. Information on the website
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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
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.
(7) The following in regard to personal nonpublic
information under the control of a third-party agent:
(i) The name of the third-party agent being utilized
by a Commonwealth agency, political subdivision or
instrumentality of the political subdivision.
(ii) The nature and extent of the personal nonpublic
information, including the following:
(A) Whether the third-party agent is permitted
to share the personal nonpublic information with
another person.
(B) Whether the third-party agent is permitted
to sell any or all of the personal nonpublic
information to another person or to otherwise use any
or all of the personal nonpublic information for
commercial purposes.
(iii) The nature and extent of money or other
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consideration received by the third-party agent regarding
the sale of any or all of the personal nonpublic
information to another person or regarding the use of any
or all of the personal nonpublic information for
commercial purposes.
* * *
Section 4. Section 4(b) and (c) of the act are amended and
the section is amended by adding a subsection to read:
Section 4. Administration.
* * *
(a.1) Requirements regarding personal nonpublic
information.--Each Commonwealth agency, political subdivision
and instrumentality of a political subdivision shall cooperate
with the Office of Administration and provide the Office of
Administration with the information required under section 3(a)
(7) prior to the end of each month.
(b) Accuracy.--Each Commonwealth agency, political
subdivision and instrumentality of a political subdivision is
responsible for verifying the accuracy and completeness of
information submitted to the office.
(c) Format.--Each Commonwealth agency, political subdivision
and instrumentality of a political subdivision shall establish
and maintain the information required to be posted under section
3 in a manner prescribed by the office. The office shall consult
with judicial agencies, legislative agencies and other
Commonwealth agencies to develop the format to be utilized.
Section 5. This act shall take effect in six months.
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