SENATE AMENDED

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, STEPHENS, GILLEN, HORNAMAN, KAVULICH, DAVIDSON, MILNE AND GALLOWAY, JANUARY 19, 2011

SENATOR BRUBAKER, FINANCE, IN SENATE, AS AMENDED, JUNE 22, 2011   

AN ACT

Providing for the establishment of a searchable budget database-

driven Internet website detailing certain information

concerning taxpayer expenditures and investments.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

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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.

"Employment compensation."  Payment, including gross salary,

overtime and bonus, made to an employee or officer of a

Commonwealth agency in exchange for services rendered to that

Commonwealth agency.

"Entity."  Any natural person, corporation, association,

union, limited liability company or limited liability

partnership; any other legal business entity, including a

nonprofit, a grantee, a contractor and a sole proprietor; and

any county, city or other local government 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.

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

Federal or State funds appropriated by the General Assembly,

statute or executive authorization.

"Funding action or expenditure."  A payment by a Commonwealth

agency made to an entity under the terms of a grant agreement or

for the purchase of goods and services, including payments in

cash, by check or by any form of electronic funds transfer or

deposit. The term does not include social services payments,

unemployment compensation, property tax or rent rebate checks or

any other payments offered not in regard to goods provided or

services rendered or not pursuant to a grant agreement but

offered as direct monetary payments for which eligibility is

determined in whole or in part by income level or economic

status.

"Funding source."  The agency responsible for requesting,

authorizing or directing a funding action or expenditure.

"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.

"Social services payments."  Cash assistance and other

welfare benefits payments, education benefits payments, workers'

compensation and unemployment compensation payments.

"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 action or expenditure, a budget

program or a Commonwealth agency.

"State-related institution."  The Pennsylvania State

University, the University of Pittsburgh, Lincoln University or

Temple University.

"State Treasury."  The Treasury Department of the

Commonwealth.

Section 3.  Searchable budget database.

(a)  Development.--By December 2011, the State Treasury shall

develop, implement and maintain a single, searchable, public

Internet website to be called PennWATCH. The Internet website

shall provide the annual appropriation information and funding

action or expenditure information for Commonwealth agencies.

Information on the Internet website shall include:

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

residence and the applicable vendor identification system of

the entity receiving payment.

(2)  The amount of the funding action or expenditure.

(3)  The fund source and the funding source of the

funding action or expenditure.

(4)  The applicable appropriation and appropriation

fiscal year from which the expenditure is made.

(5)  A counter to show the number of times the Internet

website is accessed.

(b)  Additional data.--By December 31, 2013, the PennWATCH

website shall provide additional data, including:

(1)  If an 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.

(2)  A description of the program under which the funding

action or expenditure is made.

(3)  The expected performance outcomes achieved from the

funding action or expenditure, if available.

(4)  Information for PennWATCH to offer a hyperlink to

any final State audit report relating to the entity, the

program or the funding source administering the funding

action or expenditure.

(c)  Access.--The Internet website shall allow the public to

search for and aggregate information at no cost.

(d)  Source tax and amount.--Except as provided under

subsection (e), by August 31 of each fiscal year, beginning in

fiscal year 2012-2013, the Internet website shall include the

source tax and amount of revenue received by the Commonwealth

for the previous fiscal year and such other information as

required by this subsection:

(1)  The total number of individuals employed by each

Commonwealth agency for the previous fiscal year.

(2)  Links to each Commonwealth agency Internet website

where available.

(e)  Exemption.--Notwithstanding the requirements outlined in

subsections (a), (b), (c) and (d), the following shall not be

included in the Internet website:

(1)  Records, material data or other information exempted

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

administrative duties of board).

(2)  Records, material data or other information 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.

(f)  Maintenance.--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 Treasury

all required information at the time the request for funding

action or expenditure is submitted.

(b)  Accuracy.--Each Commonwealth agency is responsible for

verifying the accuracy and completeness of the information that

it submits to the State Treasury.

(c)  Format and classification system.--

(1)  Each Commonwealth agency shall create and maintain

the information required to be posted under section 3 in

ASCII-fixed text file, XML or other commonly agreed upon file

format.

(2)  The State Treasury may require the use of a

classification system to allow consistent categorization of

different types of goods and services that may be the subject

of a funding action or expenditure.

Section 5.  Submission of information.

(a)  Employment compensation.--Beginning in 2012, by February

15, each Commonwealth agency shall submit information to the

State Treasury providing the employment compensation for each of

its employees for the preceding calendar year.

(b)  Required information.--Each Commonwealth agency shall

submit the following information to the State Treasury:

(1)  Name of the employee receiving compensation.

(2)  Amount of total employment compensation.

(3)  Funding source.

(4)  Position title.

Section 6.  Vendor identification system.

(a)  Vendor identification system.--The State Treasury may

maintain a vendor identification system for mandatory use by all

Commonwealth agencies in order to provide a common designation

of each payee and to facilitate aggregation of data on the

public Internet website.

(b)  Cooperation with agencies.--The State Treasury shall

work with Commonwealth agencies in maintaining the vendor

identification system.

(c)  Compatibility.--The vendor identification system shall

be compatible with existing systems within Commonwealth

agencies.

Section 7.  Report to General Assembly and Governor.

The State Treasurer shall prepare an annual report containing

statistical information on the usage and performance of the

Internet website mandated by this act. The report shall contain,

but not be limited to, frequency of user access of the website,

types of data being accessed and website performance. The report

shall be submitted to the General Assembly and the Governor by

March 30 of each year beginning March 30, 2012.

Section 8.  Compliance.

The State Treasury shall not be considered in compliance with

this act unless the data required for the

Internet website is available by the dates specified in this

act.

Section 20.  Effective date.

This act shall take effect immediately.

Section 1.  Short title.

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

Web Accountability and Transparency (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."  Any office, department, authority,

board, multistate agency or commission of the executive branch,

an independent agency or a State-affiliated entity. The term

includes:

(1)  The Governor's Office.

(2)  The Office of Attorney General.

(3)  The Department of the Auditor General.

(4)  The Treasury Department.

(5)  An organization established by the Constitution of

Pennsylvania, a statute or an executive order which performs

or is intended to perform an essential government function.

(6)  A judicial agency or legislative agency.

"Entity."  Any of the following:

(1)  An individual, corporation, association, union,

limited liability company or limited liability partnership.

(2)  Any other legal business entity, including a

nonprofit, a grantee, a contractor and a sole proprietor.

(3)  Any political subdivision or other local government

entity.

The term shall not include employees of Commonwealth agencies.

"Funding action or expenditure."  A payment by a Commonwealth

agency to include:

(1)  A grant.

(2)  A loan.

(3)  Reimbursement.

(4)  Payment made pursuant to the purchase of goods and

services, or to a construction or other contract.

(5)  Payment of debt service.

(6)  Payments made pursuant to a formula.

(7)  Payments to political subdivisions or other local

government entities.

The term shall not include social services payments,

unemployment compensation, workers' compensation, property tax

or rent rebate, employee benefit buyout or other entitlement

program that provides direct monetary payments to an individual.

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

Federal or State funds appropriated by the General Assembly, by

statute or by 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.

"Judicial agency."  Any of the following:

(1)  The Supreme Court of Pennsylvania.

(2)  The Superior Court of Pennsylvania.

(3)  The Commonwealth Court of Pennsylvania.

(4)  The Administrative Office of Pennsylvania Courts.

"Legislative agency."  A legislative agency as defined under

section 102 of the act of February 14, 2008 (P.L.6, No.3), known

as the Right-to-Know Law.

"Social services payment."  Payments made to an individual

for cash assistance, medical and other health-related or

welfare-related benefits or services, education and training

benefits or aging services.

"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.

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.

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

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.

(b)  State revenue.--Except as provided under subsection (f),

and by December 31, 2012, and each month thereafter, the website

shall show all Federal and State revenue that has been received

and deposited in the State Treasury during the previous month.

The State revenue shall be posted by the 15th day of the month

following deposit in the State Treasury. State revenue derived

from taxes shall be reported by specific tax type. State revenue

derived from nontax sources shall be reported as liquor store

transfer, license and fees, miscellaneous, and fines, penalties

and interest as appropriate.

(c)  Performance measures.--The website shall include

performance measures developed by a Commonwealth agency required

or authorized to develop the measures.

(d)  Agency websites.--By December 31, 2012, the website

shall include links to each Commonwealth agency Internet website

where available.

(e)  Complement.--By December 31, 2012, and on the first of

each month thereafter, the website shall:

(1)  Show the total number of individuals employed by

each Commonwealth agency as of the 15th day of the previous

month.

(2)  Show the name, position title and current annual

salary for each individual employed by each Commonwealth

agency based on the employee's pay schedule and current

salary.

(f)  Additional data.--By December 31, 2014, the website

shall provide additional data, including:

(1)  A description of the appropriation under which the

funding action or expenditure is made.

(2)  The expected and achieved performance outcomes from

the funding action or expenditure, if available.

(g)  Exemption.--Notwithstanding subsections (a), (b) and

(f), 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.

(i)  Maintenance.--Information for a fiscal year shall remain

on the website for a period of at least eight years from the

date of posting.

Section 4.  Administration.

(a)  Commonwealth agency requirements.--Each Commonwealth

agency shall cooperate with the Governor's Office of

Administration. 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.

(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.

(b)  Accuracy.--Each Commonwealth agency is responsible for

verifying the accuracy and completeness of information submitted

to the office.

(c)  Format.--Each Commonwealth agency 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.  Vendor identification system.

The vendor identification system specified by the Governor's

Office of Administration 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 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. 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.

Section 40.  Effective date.

This act shall take effect immediately.