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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CHRISTIANA, FLECK, GABLER, MARSHALL AND REED, MAY 7, 2009 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 7, 2009 |
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| AN ACT |
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1 | Amending the act of February 14, 2008 (P.L.6, No.3), entitled |
2 | "An act providing for access to public information, for a |
3 | designated open-records officer in each Commonwealth agency, |
4 | local agency, judicial agency and legislative agency, for |
5 | procedure, for appeal of agency determination, for judicial |
6 | review and for the Office of Open Records; imposing |
7 | penalties; providing for reporting by State-related |
8 | institutions; requiring the posting of certain State contract |
9 | information on the Internet; and making related repeals," |
10 | further providing for submission and retention of contracts |
11 | and for public availability of contracts. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. Sections 1701(a) and 1702(a) of the act of |
15 | February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law, |
16 | are amended to read: |
17 | Section 1701. Submission and retention of contracts. |
18 | (a) General rule.--Whenever any Commonwealth agency, |
19 | legislative agency or judicial agency shall enter into any |
20 | contract [involving any property, real, personal or mixed of any |
21 | kind or description or any contract for personal services] where |
22 | the consideration, including contingent liabilities, involved in |
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1 | the contract is or could be $5,000 or more, a copy of the |
2 | contract shall be filed with the Treasury Department within ten |
3 | days after the contract is fully executed on behalf of the |
4 | Commonwealth agency, legislative agency or judicial agency or |
5 | otherwise becomes an obligation of the Commonwealth agency, |
6 | legislative agency or judicial agency. [The provisions of this |
7 | chapter shall not apply to contracts for services protected by a |
8 | privilege.] The provisions of this chapter shall not apply to a |
9 | purchase order evidencing fulfillment of an existing contract |
10 | but shall apply to a purchase order evidencing new obligations. |
11 | The following shall apply: |
12 | (1) Each Commonwealth agency, legislative agency and |
13 | judicial agency shall submit contracts in a form and |
14 | structure mutually agreed upon by the Commonwealth agency, |
15 | legislative agency or judicial agency and the State |
16 | Treasurer. |
17 | (2) [The Treasury Department may require each] Each |
18 | Commonwealth agency, legislative agency or judicial agency |
19 | [to] shall provide a summary with each contract, which shall |
20 | include the following: |
21 | (i) Date of execution. |
22 | (ii) Amount of the contract. |
23 | (iii) Beginning date of the contract. |
24 | (iv) End date of the contract, if applicable. |
25 | (v) Name of the agency entering into the contract. |
26 | (vi) The name of all parties executing the contract. |
27 | (vii) Subject matter of the contract. |
28 | Each agency shall create and maintain the data under this |
29 | paragraph in an ASCII-delimited text file, spreadsheet file |
30 | or other file provided by Treasury Department regulation. |
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1 | * * * |
2 | Section 1702. Public availability of contracts. |
3 | (a) General rule.--The Treasury Department shall make each |
4 | contract filed pursuant to section 1701 available for public |
5 | inspection [either] by posting [a] the copy of the contract on |
6 | the Treasury Department's publicly accessible Internet website |
7 | [or by posting a] and the contract summary on the department's |
8 | publicly accessible Internet website. All postings shall be |
9 | interoperative with each department's site on the State portal |
10 | of the Internet and with the appropriation line within the |
11 | appropriate general appropriation act from which funds for the |
12 | contract are appropriated. The Office of Administration, the |
13 | Administrative Office of the Pennsylvania Courts and the |
14 | Legislative Data and Processing Center shall provide assistance |
15 | to the Treasury Department. |
16 | * * * |
17 | Section 2. This act shall take effect in 60 days. |
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