THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY BRUBAKER, PILEGGI, CORMAN, SCARNATI, MELLOW, O'PAKE, ORIE, WAUGH, ROBBINS, BROWNE, PIPPY, HUGHES, LOGAN, TARTAGLIONE, KASUNIC, GORDNER, M. WHITE, WARD, ALLOWAY, ERICKSON, BAKER, VANCE, PICCOLA, VOGEL, FOLMER, D. WHITE, EICHELBERGER, EARLL, McILHINNEY, GREENLEAF, TOMLINSON, RAFFERTY, WOZNIAK, KITCHEN, STOUT, LEACH, STACK, YAW, BOSCOLA, SMUCKER, FARNESE, WONDERLING, WILLIAMS, FONTANA, MUSTO, DINNIMAN, WASHINGTON AND ARGALL, MARCH 19, 2009

SENATOR MCILHINNEY, STATE GOVERNMENT, AS AMENDED, APRIL 28, 2009   

AN ACT

Establishing the Pennsylvania Commission on Stimulus

Accountability; and providing for review and monitoring of

funding being disbursed or made available to the Commonwealth

under the American Recovery and Reinvestment Act of 2009.

The General Assembly finds and declares as follows:

(1)  The establishment of an oversight commission is

necessary to enhance the understanding of the details and

impact of funds available to the Commonwealth under the

American Recovery and Reinvestment Act of 2009 (Public Law

111-5, 123 Stat. 115).

(2)  The establishment of a commission will ensure that

funds allocated or made available to the Commonwealth under

the American Recovery and Reinvestment Act of 2009 are

appropriated by the General Assembly in accordance with the

Constitution of the United States, the Constitution of

Pennsylvania and the act of June 29, 1976 (P.L.469, No.117),

entitled "An act relating to the fiscal affairs of the

Commonwealth concerning duties of the Governor, the Secretary

of Revenue and the Budget Secretary, with respect to the

submission of and signing the budget for any fiscal year;

and, after a budget is enacted, regulating the issuance of

warrants by the State Treasurer for certain requisitioned

funds and imposing duties on persons authorized by law to

issue requisitions for the payment of moneys from the State

Treasury; and prescribing that Federal funds received by the

Commonwealth shall be deposited in the General Fund account

with certain exceptions."

(3)  The establishment of a commission will ensure that

funds are distributed in a manner that will create jobs and

positively impact the economy.

(4)  The establishment of a commission will expedite

economic development and job creation by ensuring that

appropriate programs and projects receive funding.

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

Stimulus Accountability 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:

"American Recovery and Reinvestment Act of 2009."  The

American Recovery and Reinvestment Act of 2009 (Public Law

111-5, 123 Stat. 115).

"Commission."  The Pennsylvania Commission on Stimulus

Accountability.

Section 3.  Pennsylvania Commission on Stimulus Accountability.

(a)  Establishment.--There is established the Pennsylvania

Commission on Stimulus Accountability.

(b)  Membership.--The commission shall consist of the

following:

(1)  The Secretary of the Budget.

(2)  Three members of the Governor's cabinet selected by

the Governor. The cabinet members appointed under this

paragraph shall remain as permanent members of the commission

and may not be replaced by a cabinet member from another

department.

(3)  A member of the Senate appointed by the President

pro tempore.

(4)  A member of the Senate appointed by the Minority

Leader.

(5)  A member of the House of Representatives appointed

by the Speaker of the House of Representatives.

(6)  A member of the House of Representatives appointed

by the Minority Leader.

(7)  A member of the general public appointed by the

Governor.

(8)  A member of the general public appointed by the

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President pro tempore.

(9)  A member of the general public appointed by the

Speaker of the House of Representatives.

(c)  Chairman.--The Governor shall appoint a member of the

commission to serve as chairman.

(d)  Compensation.--Members shall not receive compensation,

except that the public member shall be reimbursed for expenses.

(e)  Quorum.--The physical presence of seven members shall

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constitute a quorum.

(e) (f)  Meetings.--

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(1)  The board shall meet as frequently as it deems

appropriate but at least twice a month during fiscal year

2009-2010.

(2)  In addition to the meetings under paragraph (1),

additional meetings of the commission shall be called by the

chairman or shall be held upon the request of two or more

members of the commission within ten days of a written

request submitted to the chairman.

(3)  A member not physically present may participate by

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teleconference or video conference.

(f) (g)  Staff.--The Office of the Budget shall provide staff

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support to the commission.

Section 4.  Powers and duties.

The powers and duties of the commission shall be as follows:

(1)  To review and monitor all funding allocated or made

available to the Commonwealth under the American Recovery and

Reinvestment Act of 2009, including review of the impact of

the funding on the budget submitted by the Governor for

fiscal year 2009-2010 and future budgets.

(2)  To review and monitor appropriations of funds

allocated or made available to the Commonwealth under the

American Recovery and Reinvestment Act of 2009 made by the

General Assembly.

(3)  To review and monitor the plans and programs that

will be used by the Commonwealth to disburse or distribute

funding under the American Recovery and Reinvestment Act of

2009.

(4)  To review whether grants and contracts to disburse

or distribute funding meet applicable standards and

performance measures.

(5)  To review the award of contracts to ensure that

contracts are awarded in accordance with appropriate

procurement standards.

(6)  To determine if appropriate mechanisms are available

to promote interagency collaboration to facilitate

competition for grant and other funds available under the

American Recovery and Reinvestment Act of 2009.

(7)  To determine whether additional legislation or

procedures are necessary or would be beneficial to

effectively disburse or distribute funds and to maintain

accountability.

(8)  To obtain copies of all budgets and records of

expenditures from Commonwealth agencies, as well as plans and

policies relating to the expenditure of funds under the

American Recovery and Reinvestment Act of 2009.

(9)  To review the utilization and benefit of tax credits

authorized by the American Recovery and Reinvestment Act of

2009.

(10)  To make recommendations to the Governor and the

General Assembly regarding legislation, regulation or

policies relating to all of the following:

(i)  The effective and equitable use of funds

allocated or made available to the Commonwealth.

(ii)  The prevention of fraud, waste or abuse

relating to funds allocated or made available to the

Commonwealth.

(iii)  The enhancement of the Commonwealth’s ability

to utilize funds to create jobs and promote economic

growth.

(11)  To ensure that audits are performed to determine if

appropriate grant or contract management is occurring.

(12)  To refer issues to the Inspector General, Attorney

General or other authority as appropriate.

Section 5.  Duties of Commonwealth agencies.

(a)  Requirements.--Each agency of the Commonwealth that

receives funds under the American Recovery and Reinvestment Act

of 2009 shall do all of the following:

(1)  Provide to the commission reports, documents,

budgets, proposed policies, data, estimates, statistics and

other documents and materials relating to the disbursement or

distribution of funds received under the American Recovery

and Reinvestment Act of 2009 by that agency.

(2)  Notify the commission of the fund or account into

which funds received under the American Recovery and

Reinvestment Act of 2009 are or will be deposited and

maintained.

(3)  Notify the commission of the transfer of funds from

one fund or account to another.

(4)  Provide the commission with detailed information

about the programs, plans or mechanisms it plans to use to

disburse or distribute funds received.

(5)  Inform the commission of standards and performance

measures proposed to be included in appropriations,

contracts, programs, plans and mechanisms to disburse or

distribute funds received.

(6)  Inform the commission of the hiring of additional

personnel to implement programs funded under the American

Recovery and Reinvestment Act of 2009.

(b)  Availability.--Information required under this section

shall be made available to the commission upon the request of

any member of the commission.

(c)  Treasury Department.--The Treasury Department shall

notify the commission of all of the following:

(1)  The funds or accounts into which funds received

under the American Recovery and Reinvestment Act of 2009 are

deposited when received.

(2)  The issuance of a warrant under the act of June 29,

1976 (P.L.469, No.117), entitled "An act relating to the

fiscal affairs of the Commonwealth concerning duties of the

Governor, the Secretary of Revenue and the Budget Secretary,

with respect to the submission of and signing the budget for

any fiscal year; and, after a budget is enacted, regulating

the issuance of warrants by the State Treasurer for certain

requisitioned funds and imposing duties on persons authorized

by law to issue requisitions for the payment of moneys from

the State Treasury; and prescribing that Federal funds

received by the Commonwealth shall be deposited in the

General Fund account with certain exceptions."

(3)  The removal, transfer or expenditure of any funds

received under the American Recovery and Reinvestment Act of

2009 from a fund, account or other area in the State Treasury

to another agency or program. Notification shall include the

name of the agency and program receiving the funds from the

State Treasury.

Section 6.  Internet website.

(a)  Establishment.--By May 15, 2009, the Office of the

Budget shall implement and maintain an Internet website to

provide information to the public on the expenditure of funds

allocated or provided to the Commonwealth under the American

Recovery and Reinvestment Act of 2009.

(b)  Transcripts.--Transcripts of all meetings of the

commission shall be posted on the Internet website within three

days of the meeting.

(c)  Copies.--The Internet website shall provide a link to

the American Recovery and Reinvestment Act of 2009 and to

legislation proposed or adopted by the General Assembly that

includes appropriations of funds under the American Recovery and

Reinvestment Act of 2009.

(d)  Other information.--The Office of the Budget shall post

reports prepared under section 7 and any other information

deemed appropriate by the commission.

(e)  Expenditure.--The Internet website shall include the

following data relating to expenditures of funds allocated or

provided to the Commonwealth under the American Recovery and

Reinvestment Act of 2009 of $25,000 or more:

(1)  The name and county of the recipient of the funds.

(2)  The amount of funds expended or received.

(3)  Whether the funds are in the form of a grant, loan

or other distribution method.

(4)  The disbursing agency and the appropriation from

which the expenditure is made.

(5)  A description of the purpose and type of

expenditure.

(6)  Any State or other audit report relating to the

funding recipient, the specific program under which the funds

are administered or the agency distributing the funds.

(7)  Any other information specified by the commission.

(f)  Updates.--The information on the Internet website shall

be updated bimonthly twice a month.

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(g)  Search capability.--The information on the Internet

website shall be in the form of a searchable database which may

be searched at no cost.

(h)  Duration.--The Internet website shall be maintained for

a period of five years from the effective date of this section.

Section 7.  Reports.

The commission shall prepare a written report every three

months and shall transmit the report to the chairman and

minority chairman of the Appropriations Committee of the Senate

and the Appropriations Committee of the House of

Representatives.

Section 8.  Applicability of other laws.

The following laws shall apply to the commission and its

activities:

(1)  The provisions of 65 Pa.C.S. Ch. 7.

(2)  The act of February 14, 2008 (P.L.6, No.3), known as

the Right-to-Know Law.

Section 9.  Expiration.

This act shall expire five years from the effective date of

this section.

Section 20.  Effective date.

This act shall take effect immediately.