Bill Text: PA HB641 | 2011-2012 | Regular Session | Introduced

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Bill Title: Establishing the Office of Inspector General; imposing duties upon the Auditor General and the Legislative Reference Bureau; and abolishing an executive office.

Spectrum: Moderate Partisan Bill (Republican 34-5)

Status: (Introduced - Dead) 2011-02-14 - Referred to STATE GOVERNMENT [HB641 Detail]

Download: Pennsylvania-2011-HB641-Introduced.html

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PRINTER'S NO. 642
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 641 Session of2011
INTRODUCED BY MARSICO, GRELL, BAKER, BOYD, CALTAGIRONE, CAUSER, CUTLER, DENLINGER, FLECK, FREEMAN, GABLER, GEIST, GINGRICH, GOODMAN, GROVE, HARRIS, HESS, KAUFFMAN, M.K. KELLER, KOTIK, MAJOR, MILLER, O'NEILL, PICKETT, PYLE, REED, ROAE, SCHRODER, SONNEY, STEVENSON, J. TAYLOR, VEREB, VULAKOVICH AND GIBBONS, FEBRUARY 14, 2011
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 14, 2011
AN ACT
Establishing the Office of Inspector General; imposing duties
upon the Auditor General and the Legislative Reference
Bureau; and abolishing an executive office.
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 Inspector
General Act.
Section 2. Declaration of policy.
The General Assembly finds and declares as follows:
(1) The following are the purposes of this act:
(i) To establish a full-time program of audit,
investigation and performance review to provide increased
accountability, integrity and oversight of State
government.
(ii) To assist in improving State government
operations and in deterring and identifying fraud, abuse
and illegal acts.
(iii) To create a wholly independent office of
Inspector General to conduct investigations, audits,
evaluations, inspections and other reviews in accordance
with professional standards which relate to the fields of
investigation and auditing in government environments.
(2) The Inspector General shall be appointed under
section 4(b) without regard to political affiliation.
Section 3. 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:
"Office." The Office of Inspector General established in
section 4.
"Public employee." An individual employed by the
Commonwealth or a political subdivision.
"Public official." An individual elected or appointed to a
position in the government of the Commonwealth or a political
subdivision.
Section 4. Office.
(a) Establishment.--The Office of Inspector General is
established as an independent agency.
(b) Appointment.--
(1) The Inspector General shall be appointed by the
Governor with the consent of two-thirds of the members
elected to the Senate.
(2) The appointee must demonstrate all of the following:
(i) Integrity.
(ii) Capability for strong leadership.
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(iii) Ability in accounting, auditing, financial
analysis, law, management analysis, public
administration, investigation or criminal justice
administration, or other closely related fields.
(iv) Knowledge, skills, abilities and experience in
conducting audits and investigations.
(3) The appointee must not be a public official or
public employee.
(4) The appointee must not have been a public official
or public employee within two years of appointment.
(c) Certification.--Within 90 days of confirmation, the
appointee must be certified by an association of inspectors
general recognized by the Auditor General.
(d) Term.--The term of office shall be six years. An
individual is eligible for reappointment.
(e) Removal.--The Inspector General may be removed from
office for cause.
(f) Powers.--The office has the following powers to
accomplish the purposes set forth in section 2(1):
(1) The office shall have access to the physical plant,
documents, personnel and records necessary to carry out the
duties under subsection (g).
(2) The office may subpoena witnesses, administer oaths
or affirmations, take testimony and compel the production of
documents, as necessary to carry out the duties under
subsection (g).
(3) The office shall have access to the head of a
Commonwealth agency when necessary to carry out the duties
under subsection (g).
(4) The office may require Commonwealth employees to
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report to the office information regarding fraud, waste,
corruption, illegal acts and abuse.
(g) Duties.--The office has the following duties:
(1) Audit, evaluate, investigate and inspect the
activities, records and persons with contracts, procurements,
grants, agreements and other programmatic and financial
arrangements involving State government.
(2) Audit the economy, efficiency, and effectiveness of
the operations and functions of State government and conduct
reviews of the performance measurement system of each
Commonwealth agency.
(3) Review the reliability and validity of the
information provided by performance measures and standards.
(4) Provide information and evidence which relates to
criminal acts to appropriate law enforcement officials.
(5) Initiate reviews or audits of Commonwealth agencies
as the Inspector General deems appropriate.
(6) Upon complaint or upon its own initiative,
investigate possible abuse, fraud and service deficiencies.
(7) Engage in prevention activities. This paragraph
includes: review of legislation; review of regulations,
policies, procedures and transactions; and training and
education.
(8) Refer matters for further civil, criminal and
administrative action to appropriate authorities.
(9) Conduct joint investigations and projects with other
commonwealth agencies.
(10) Recommend remedial actions to be taken to overcome
or correct operating or maintenance identified deficiencies
and inefficiencies.
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(11) Issue reports under section 7.
(12) Monitor implementation of recommendations made by
the office and other audit agencies.
(13) Establish policies and procedures to guide
functions and processes conducted by the office.
(14) Maintain information regarding the cost of
investigations and cooperate with appropriate Commonwealth
agencies and prosecutorial authorities in recouping those
costs from nongovernmental entities involved in willful
misconduct.
(15) Do all things necessary to carry out the functions
set forth in this subsection.
Section 5. Resources.
(a) Funding.--The office shall be funded from the General
Fund in order to accomplish the purposes set forth in section 2
(1).
(b) Staff.--The Inspector General may do all of the
following:
(1) Hire staff necessary for the efficient and effective
administration of the office.
(2) Contract for the services of professional experts
necessary to independently perform the functions of the
office.
Section 6. Records disclosure.
(a) Public records.--The audit and investigation reports of
the office shall be public records to the extent that they do
not include information which has been made confidential and
exempt from release to the public.
(b) Internal.--During the course of audit and investigation
activities, records shall be considered deliberative in process
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and not available for outside review.
(c) Confidentiality.--
(1) Names and identities of individuals making
complaints and information protected by the act of December
12, 1986 (P.L.1559, No.169), known as the Whistleblower Law,
shall not be disclosed without the written consent of the
individual unless required by law or judicial process.
(2) The office shall maintain the confidentiality of
public records which are made confidential by law and shall
be subject to the same penalties as the custodian of those
public records for violating confidentiality statutes.
(3) Efforts shall be made to protect the privacy of
individuals or employees whenever possible without
interfering in the judicial or administrative process
initiated to protect the public.
Section 7. Reporting office activities.
(a) Immediate reports.--The office shall immediately report
to the head of the Commonwealth agency involved:
(1) Serious or flagrant problems, abuses or deficiencies
relating to the administration of programs.
(2) Interference with operations of the office.
(b) Commonwealth agencies.--The office shall report the
findings of its work to the head of the investigated or audited
Commonwealth agency.
(c) Criminal matters.--The office shall report criminal
investigative matters to the Attorney General.
(d) Annual reports.--
(1) By September 1, the office shall issue an annual
report which separately lists audit and review reports and
other investigative or assistance efforts completed during
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the fiscal year. The report shall describe accomplishments of
the office.
(2) Copies of the report shall be provided to all of the
following:
(i) The Office of General Counsel.
(ii) The Chief Clerk of the Senate.
(iii) The Chief Clerk of the House of
Representatives.
(3) Upon issuance of the report, members of the media
and the public shall be promptly advised of the issuance of
the report. The report shall be provided to their
representatives upon request.
Section 8. Professional standards and quality review.
(a) Professional standards.--Audits, investigations,
inspections and reviews conducted by the office shall conform to
professional standards for offices of inspector general
promulgated by an association of inspectors general recognized
by the Auditor General.
(b) Verification.--
(1) Audits, investigations, inspections and reviews
shall be subject to quality assurance reviews by an
association of inspectors general recognized by the Auditor
General every three to five years.
(2) A copy of the written report resulting from this
review shall be furnished to all of the following:
(i) The Office of General Counsel.
(ii) The Chief Clerk of the Senate.
(iii) The Chief Clerk of the House of
Representatives.
(3) The report shall also be made available to members
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of the public upon request.
Section 9. Auditor General.
The Auditor General shall prepare an annual list of
recognized associations of inspectors general and submit the
list to the Legislative Reference Bureau for publication as a
notice in the Pennsylvania Bulletin.
Section 10. Current Office of Inspector General.
The current Office of Inspector General set forth in 4 Pa.
Code Ch. 9 (relating to governmental organization) is abolished.
Prior to abolition, the current Office of Inspector General
shall cooperate with the office to effectuate transition.
Section 20. Effective date.
This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) Section 9.
(ii) This section.
(2) Section 10 shall take effect upon initial
confirmation of the Inspector General under section 4(b)(1).
(3) The remainder of this act shall take effect upon
publication of the initial notice under section 9.
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