Bill Text: PA HB1461 | 2009-2010 | Regular Session | Introduced


Bill Title: Further providing for submission and retention of contracts and for public availability of contracts.

Spectrum: Strong Partisan Bill (Republican 10-1)

Status: (Introduced - Dead) 2009-05-07 - Referred to STATE GOVERNMENT [HB1461 Detail]

Download: Pennsylvania-2009-HB1461-Introduced.html

  

 

    

PRINTER'S NO.  1805

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

1461

Session of

2009

  

  

INTRODUCED BY CHRISTIANA, FLECK, GABLER, MARSHALL AND REED, MAY 7, 2009

  

  

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 7, 2009  

  

  

  

AN ACT

  

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Amending the act of February 14, 2008 (P.L.6, No.3), entitled

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"An act providing for access to public information, for a

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designated open-records officer in each Commonwealth agency,

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local agency, judicial agency and legislative agency, for

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procedure, for appeal of agency determination, for judicial

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review and for the Office of Open Records; imposing

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penalties; providing for reporting by State-related

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institutions; requiring the posting of certain State contract

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information on the Internet; and making related repeals,"

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further providing for submission and retention of contracts

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and for public availability of contracts.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Sections 1701(a) and 1702(a) of the act of

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February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law,

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are amended to read:

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Section 1701.  Submission and retention of contracts.

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(a)  General rule.--Whenever any Commonwealth agency,

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legislative agency or judicial agency shall enter into any

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contract [involving any property, real, personal or mixed of any

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kind or description or any contract for personal services] where

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the consideration, including contingent liabilities, involved in

 


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the contract is or could be $5,000 or more, a copy of the

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contract shall be filed with the Treasury Department within ten

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days after the contract is fully executed on behalf of the

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Commonwealth agency, legislative agency or judicial agency or

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otherwise becomes an obligation of the Commonwealth agency,

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legislative agency or judicial agency. [The provisions of this

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chapter shall not apply to contracts for services protected by a

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privilege.] The provisions of this chapter shall not apply to a

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purchase order evidencing fulfillment of an existing contract

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but shall apply to a purchase order evidencing new obligations.

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The following shall apply:

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(1)  Each Commonwealth agency, legislative agency and

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judicial agency shall submit contracts in a form and

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structure mutually agreed upon by the Commonwealth agency,

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legislative agency or judicial agency and the State

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Treasurer.

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(2)  [The Treasury Department may require each] Each 

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Commonwealth agency, legislative agency or judicial agency

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[to] shall provide a summary with each contract, which shall

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include the following:

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(i)  Date of execution.

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(ii)  Amount of the contract.

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(iii)  Beginning date of the contract.

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(iv)  End date of the contract, if applicable.

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(v)  Name of the agency entering into the contract.

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(vi)  The name of all parties executing the contract.

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(vii)  Subject matter of the contract.

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Each agency shall create and maintain the data under this

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paragraph in an ASCII-delimited text file, spreadsheet file

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or other file provided by Treasury Department regulation.

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* * *

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Section 1702.  Public availability of contracts.

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(a)  General rule.--The Treasury Department shall make each

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contract filed pursuant to section 1701 available for public

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inspection [either] by posting [a] the copy of the contract on

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the Treasury Department's publicly accessible Internet website

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[or by posting a] and the contract summary on the department's

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publicly accessible Internet website. All postings shall be

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interoperative with each department's site on the State portal

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of the Internet and with the appropriation line within the

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appropriate general appropriation act from which funds for the

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contract are appropriated. The Office of Administration, the

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Administrative Office of the Pennsylvania Courts and the

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Legislative Data and Processing Center shall provide assistance

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to the Treasury Department.

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* * *

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Section 2.  This act shall take effect in 60 days.

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