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| PRIOR PRINTER'S NOS. 175, 976 | PRINTER'S NO. 1005 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BROWNE, BRUBAKER, PILEGGI, ALLOWAY, ROBBINS, FOLMER, BAKER, PICCOLA, WARD, ORIE, ERICKSON, BOSCOLA, VANCE, TOMLINSON, EARLL, WOZNIAK, GORDNER, RAFFERTY, O'PAKE, WILLIAMS, WONDERLING, CORMAN, WAUGH, SMUCKER, M. WHITE, LEACH, VOGEL, PIPPY, FERLO, EICHELBERGER, GREENLEAF, D. WHITE AND WASHINGTON, FEBRUARY 6, 2009 |
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| AS AMENDED ON THIRD CONSIDERATION, MAY 6, 2009 |
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| AN ACT |
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1 | Providing for the establishment of a searchable budget database- |
2 | driven Internet website detailing certain information |
3 | concerning State expenditures. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Short title. |
7 | This act shall be known and may be cited as the Taxpayer |
8 | Transparency Act. |
9 | Section 2. Definitions. |
10 | The following words and phrases when used in this act shall |
11 | have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise:" |
13 | "Agency." A Commonwealth agency, a judicial agency or a |
14 | legislative agency as defined under section 102 of the act of |
15 | February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. |
16 | "Commonwealth agency." Any of the following: |
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1 | (1) Any office, department, authority, board, multistate |
2 | agency or commission of the executive branch, an independent |
3 | agency or a State-affiliated entity. The term includes: |
4 | (i) The Governor's Office. |
5 | (ii) The Office of Attorney General, the Department |
6 | of the Auditor General and the Treasury Department. |
7 | (iii) An organization established by the |
8 | Constitution of Pennsylvania, a statute or an executive |
9 | order which performs or is intended to perform an |
10 | essential governmental function. |
11 | (2) The term does not include a judicial or legislative |
12 | agency as defined under section 102 of the act of February |
13 | 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. |
14 | "Expenditures." A Disbursements of funds related to a grant, | <-- |
15 | contract, appropriation or any tax expenditure as defined in |
16 | section 624 of the act of April 9, 1929 (P.L.177, No.175), known |
17 | as The Administrative Code of 1929. |
18 | "Funding recipient." A person or political subdivision that |
19 | receives State funding other than an individual recipient of |
20 | State assistance or services or employee benefits buyouts. |
21 | "Funding source." The General Fund, special funds or other |
22 | Federal or State funds appropriated by the General Assembly, |
23 | statute or executive authorization. |
24 | "Person." A An individual, corporation, association, limited | <-- |
25 | liability company, partnership, limited liability partnership, | <-- |
26 | limited partnership, nonprofit organization, educational |
27 | institution, political subdivision or other government entity. |
28 | The term does not include an individual recipient of State |
29 | assistance or services or employees benefits buyouts. |
30 | "Searchable budget database." A database-driven Internet |
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1 | website that allows the public to search for and aggregate |
2 | budget information. |
3 | "State audit or report." An audit report issued by the |
4 | Auditor General, a Commonwealth agency, including the Governor’s |
5 | Office, Office of Comptroller Operations, the Joint State |
6 | Government Commission or the Legislative Budget and Finance |
7 | Committee relating to a funding recipient, a budget program or |
8 | an agency. |
9 | "Treasury." The Treasury Department of the Commonwealth. |
10 | Section 3. Searchable budget database. |
11 | (a) Development.--By October 1, 2009, the treasury shall |
12 | develop and implement an Internet website, available to the |
13 | public, that provides a single, searchable budget database |
14 | containing the data for the fiscal year 2009-2010 budget |
15 | required under this section. The treasury shall maintain the |
16 | Internet website which shall allow the public to search for and |
17 | aggregate data at no cost. The Internet website shall include |
18 | the following data relating to expenditures of $25,000 or more: |
19 | (1) The name and principal location or address of the |
20 | recipient of funds. |
21 | (2) The amount of funds expended or received. |
22 | (3) The funding source. |
23 | (4) The disbursing agency and the budget line item from |
24 | which the expenditure is made. |
25 | (5) A description of the purpose and type of |
26 | expenditure. |
27 | (6) The expected performance outcomes achieved from the |
28 | expenditure, if available. |
29 | (7) Past performance outcomes achieved from the |
30 | expenditure, if available. |
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1 | (8) Any State audit report relating to the funding |
2 | recipient, the budget program or an agency administering the |
3 | funding. |
4 | (9) Any other relevant information specified by the | <-- |
5 | treasury. |
6 | (10) (9) All budget implementation data described in | <-- |
7 | section 620(a) of the act of April 9, 1929 (P.L.177, No.175), |
8 | known as The Administrative Code of 1929. |
9 | (b) Hyperlink.--A hyperlink to contracts maintained under |
10 | Chapter 17 of the act of February 14, 2008 (P.L.6, No.3), known |
11 | as the Right-to-Know Law, that pertains to the expenditure shall |
12 | be provided where practicable. |
13 | (c) Exemption.--Records, material dates or other information |
14 | exempted from disclosure under 24 Pa.C.S. § 8502(e)(2) (relating |
15 | to administrative duties of board) or 71 Pa.C.S. § 5902(e)(2) |
16 | (relating to administrative duties of board) shall be exempt |
17 | from placement on the searchable database. |
18 | (d) Revenue reporting requirements.-- |
19 | (1) The searchable budget database shall include weekly |
20 | revenue reports for the General Fund and the Motor License |
21 | Fund. The weekly revenue reports shall be prepared in a |
22 | manner consistent with section 620(b) of the act of April 9, |
23 | 1929 (P.L.177, No.175), known as The Administrative Code of |
24 | 1929. In addition to the requirements set forth in section |
25 | 620(b) of The Administrative Code of 1929, the weekly revenue |
26 | reports shall include a comparison of the actual collections |
27 | of revenue with prior year actual collections for each week. |
28 | (2) Notwithstanding section 4(b) of this act, the weekly |
29 | revenue reports shall be made available on the searchable |
30 | budget database within three days after the immediately |
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1 | preceding week. |
2 | Section 4. Updates. |
3 | (a) Time of updates.--Beginning July 1, 2010, and each |
4 | fiscal year thereafter, data, including expenditure symbols, |
5 | relating to the appropriations adopted in the general |
6 | appropriation act, nonpreferred appropriations acts and special |
7 | fund appropriations acts and all funds authorized by the |
8 | executive branch for that fiscal year shall be added to the |
9 | searchable budget database no later than 30 days following the |
10 | beginning of the fiscal year. The treasury shall add additional |
11 | data required under section 3 relating to the expenditure of |
12 | funds, as the data becomes available. |
13 | (b) Agency requirements.--Each agency shall provide the |
14 | treasury with all data required under section (3)(a) no later |
15 | than 30 days after the data becomes available to the agency. The |
16 | agency shall not be required to provide information that is |
17 | exempt from disclosure under the act of February 14, 2008 |
18 | (P.L.6, No.3), known as the Right-to-Know Law. |
19 | (c) Format.--Each agency shall create and maintain data |
20 | under this section in ASCII-delimited text file, spreadsheet |
21 | file or other file as required by the treasury. |
22 | (d) Data maintenance.--The treasury shall ensure that all |
23 | data added to the searchable budget database remains accessible |
24 | to the public for a minimum of ten years. |
25 | Section 5. Compliance. |
26 | The treasury shall not be considered in compliance with this |
27 | act if the data required for the searchable budget database is |
28 | not available in a searchable manner or is unable to be |
29 | aggregated or if the public is redirected to other government |
30 | Internet websites unless the other Internet websites contain the |
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1 | information as required under this act. |
2 | Section 20. Effective date. |
3 | This act shall take effect in 60 days. |
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