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| PRIOR PRINTER'S NOS. 682, 940 | PRINTER'S NO. 995 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY BRUBAKER, PILEGGI, CORMAN, SCARNATI, MELLOW, O'PAKE, ORIE, WAUGH, ROBBINS, BROWNE, PIPPY, HUGHES, LOGAN, TARTAGLIONE, KASUNIC, GORDNER, M. WHITE, WARD, ALLOWAY, ERICKSON, BAKER, VANCE, PICCOLA, VOGEL, FOLMER, D. WHITE, EICHELBERGER, EARLL, McILHINNEY, GREENLEAF, TOMLINSON, RAFFERTY, WOZNIAK, KITCHEN, STOUT, LEACH, STACK, YAW, BOSCOLA, SMUCKER, FARNESE, WONDERLING, WILLIAMS, FONTANA, MUSTO, DINNIMAN, WASHINGTON AND ARGALL, MARCH 19, 2009 |
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| SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, MAY 5, 2009 |
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| AN ACT |
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1 | Establishing the Pennsylvania Commission on Stimulus |
2 | Accountability; and providing for review and monitoring of |
3 | funding being disbursed or made available to the Commonwealth |
4 | under the American Recovery and Reinvestment Act of 2009. |
5 | The General Assembly finds and declares as follows: |
6 | (1) The establishment of an oversight commission is |
7 | necessary to enhance the understanding of the details and |
8 | impact of funds available to the Commonwealth under the |
9 | American Recovery and Reinvestment Act of 2009 (Public Law |
10 | 111-5, 123 Stat. 115). |
11 | (2) The establishment of a commission will ensure that |
12 | funds allocated or made available to the Commonwealth under |
13 | the American Recovery and Reinvestment Act of 2009 are |
14 | appropriated by the General Assembly in accordance with the |
15 | Constitution of the United States, the Constitution of |
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1 | Pennsylvania and the act of June 29, 1976 (P.L.469, No.117), |
2 | entitled "An act relating to the fiscal affairs of the |
3 | Commonwealth concerning duties of the Governor, the Secretary |
4 | of Revenue and the Budget Secretary, with respect to the |
5 | submission of and signing the budget for any fiscal year; |
6 | and, after a budget is enacted, regulating the issuance of |
7 | warrants by the State Treasurer for certain requisitioned |
8 | funds and imposing duties on persons authorized by law to |
9 | issue requisitions for the payment of moneys from the State |
10 | Treasury; and prescribing that Federal funds received by the |
11 | Commonwealth shall be deposited in the General Fund account |
12 | with certain exceptions." |
13 | (3) The establishment of a commission will ensure that |
14 | funds are distributed in a manner that will create jobs and |
15 | positively impact the economy. |
16 | (4) The establishment of a commission will expedite |
17 | economic development and job creation by ensuring that |
18 | appropriate programs and projects receive funding. |
19 | The General Assembly of the Commonwealth of Pennsylvania |
20 | hereby enacts as follows: |
21 | Section 1. Short title. |
22 | This act shall be known and may be cited as the Pennsylvania |
23 | Stimulus Accountability Act. |
24 | Section 2. Definitions. |
25 | The following words and phrases when used in this act shall |
26 | have the meanings given to them in this section unless the |
27 | context clearly indicates otherwise: |
28 | "American Recovery and Reinvestment Act of 2009." The |
29 | American Recovery and Reinvestment Act of 2009 (Public Law |
30 | 111-5, 123 Stat. 115). |
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1 | "Commission." The Pennsylvania Commission on Stimulus |
2 | Accountability. |
3 | Section 3. Pennsylvania Commission on Stimulus Accountability. |
4 | (a) Establishment.--There is established the Pennsylvania |
5 | Commission on Stimulus Accountability. |
6 | (b) Membership.--The commission shall consist of the |
7 | following: |
8 | (1) The Secretary of the Budget. |
9 | (2) Three members of the Governor's cabinet selected by |
10 | the Governor. The cabinet members appointed under this |
11 | paragraph shall remain as permanent members of the commission |
12 | and may not be replaced by a cabinet member from another |
13 | department. |
14 | (3) A member of the Senate appointed by the President |
15 | pro tempore. |
16 | (4) A member of the Senate appointed by the Minority |
17 | Leader. |
18 | (5) A member of the House of Representatives appointed |
19 | by the Speaker of the House of Representatives. |
20 | (6) A member of the House of Representatives appointed |
21 | by the Minority Leader. |
22 | (7) A member of the general public appointed by the |
23 | Governor. |
24 | (8) A member of the general public appointed by the |
25 | President pro tempore. |
26 | (9) A member of the general public appointed by the |
27 | Speaker of the House of Representatives. |
28 | (c) Chairman.--The Governor shall appoint a member of the |
29 | commission to serve as chairman. |
30 | (d) Compensation.--Members shall not receive compensation, |
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1 | except that the public member shall be reimbursed for expenses. |
2 | (e) Quorum.--The physical presence of seven members shall |
3 | constitute a quorum. |
4 | (f) Meetings.-- |
5 | (1) The board shall meet as frequently as it deems |
6 | appropriate but at least twice a month during fiscal year |
7 | 2009-2010. |
8 | (2) In addition to the meetings under paragraph (1), |
9 | additional meetings of the commission shall be called by the |
10 | chairman or shall be held upon the request of two or more |
11 | members of the commission within ten days of a written |
12 | request submitted to the chairman. |
13 | (3) A member not physically present may participate by |
14 | teleconference or video conference. |
15 | (g) Staff.--The Office of the Budget shall provide staff |
16 | support to the commission. |
17 | Section 4. Powers and duties. |
18 | The powers and duties of the commission shall be as follows: |
19 | (1) To review and monitor all funding allocated or made |
20 | available to the Commonwealth under the American Recovery and |
21 | Reinvestment Act of 2009, including review of the impact of |
22 | the funding on the budget submitted by the Governor for |
23 | fiscal year 2009-2010 and future budgets. |
24 | (2) To review and monitor appropriations of funds |
25 | allocated or made available to the Commonwealth under the |
26 | American Recovery and Reinvestment Act of 2009 made by the |
27 | General Assembly. |
28 | (3) To review and monitor the plans and programs that |
29 | will be used by the Commonwealth to disburse or distribute |
30 | funding under the American Recovery and Reinvestment Act of |
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1 | 2009. |
2 | (4) To review whether grants and contracts to disburse |
3 | or distribute funding meet applicable standards and |
4 | performance measures. |
5 | (5) To review the award of contracts to ensure that |
6 | contracts are awarded in accordance with appropriate |
7 | procurement standards. |
8 | (6) To determine if appropriate mechanisms are available |
9 | to promote interagency collaboration to facilitate |
10 | competition for grant and other funds available under the |
11 | American Recovery and Reinvestment Act of 2009. |
12 | (7) To determine whether additional legislation or |
13 | procedures are necessary or would be beneficial to |
14 | effectively disburse or distribute funds and to maintain |
15 | accountability. |
16 | (8) To obtain copies of all budgets and records of |
17 | expenditures from Commonwealth agencies, as well as plans and |
18 | policies relating to the expenditure of funds under the |
19 | American Recovery and Reinvestment Act of 2009. |
20 | (9) To review the utilization and benefit of tax credits |
21 | authorized by the American Recovery and Reinvestment Act of |
22 | 2009. |
23 | (10) To make recommendations to the Governor and the |
24 | General Assembly regarding legislation, regulation or |
25 | policies relating to all of the following: |
26 | (i) The effective and equitable use of funds |
27 | allocated or made available to the Commonwealth. |
28 | (ii) The prevention of fraud, waste or abuse |
29 | relating to funds allocated or made available to the |
30 | Commonwealth. |
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1 | (iii) The enhancement of the Commonwealth’s ability |
2 | to utilize funds to create jobs and promote economic |
3 | growth. |
4 | (11) To ensure that audits are performed to determine if |
5 | appropriate grant or contract management is occurring. |
6 | (12) To refer issues to the Inspector General, Attorney |
7 | General or other authority as appropriate. |
8 | Section 5. Duties of Commonwealth agencies. |
9 | (a) Requirements.--Each agency of the Commonwealth that |
10 | receives funds under the American Recovery and Reinvestment Act |
11 | of 2009 shall do all of the following: |
12 | (1) Provide to the commission reports, documents, |
13 | budgets, proposed policies, data, estimates, statistics and |
14 | other documents and materials relating to the disbursement or |
15 | distribution of funds received under the American Recovery |
16 | and Reinvestment Act of 2009 by that agency. |
17 | (2) Notify the commission of the fund or account into |
18 | which funds received under the American Recovery and |
19 | Reinvestment Act of 2009 are or will be deposited and |
20 | maintained. |
21 | (3) Notify the commission of the transfer of funds from |
22 | one fund or account to another. |
23 | (4) Provide the commission with detailed information |
24 | about the programs, plans or mechanisms it plans to use to |
25 | disburse or distribute funds received. |
26 | (5) Inform the commission of standards and performance |
27 | measures proposed to be included in appropriations, |
28 | contracts, programs, plans and mechanisms to disburse or |
29 | distribute funds received. |
30 | (6) Inform the commission of the hiring of additional |
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1 | personnel to implement programs funded under the American |
2 | Recovery and Reinvestment Act of 2009. |
3 | (b) Availability.--Information required under this section |
4 | shall be made available to the commission upon the request of |
5 | any member of the commission. |
6 | (c) Treasury Department.--The Treasury Department shall |
7 | notify the commission of all of the following: |
8 | (1) The funds or accounts into which funds received |
9 | under the American Recovery and Reinvestment Act of 2009 are |
10 | deposited when received. |
11 | (2) The issuance of a warrant to disburse funds under | <-- |
12 | the American Recovery and Reinvestment Act of 2009 under the |
13 | act of June 29, 1976 (P.L.469, No.117), entitled "An act |
14 | relating to the fiscal affairs of the Commonwealth concerning |
15 | duties of the Governor, the Secretary of Revenue and the |
16 | Budget Secretary, with respect to the submission of and |
17 | signing the budget for any fiscal year; and, after a budget |
18 | is enacted, regulating the issuance of warrants by the State |
19 | Treasurer for certain requisitioned funds and imposing duties |
20 | on persons authorized by law to issue requisitions for the |
21 | payment of moneys from the State Treasury; and prescribing |
22 | that Federal funds received by the Commonwealth shall be |
23 | deposited in the General Fund account with certain |
24 | exceptions." |
25 | (3) The removal, transfer or expenditure of any funds |
26 | received under the American Recovery and Reinvestment Act of |
27 | 2009 from a fund, account or other area in the State Treasury |
28 | to another agency or program. Notification shall include the |
29 | name of the agency and program receiving the funds from the |
30 | State Treasury. |
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1 | Section 6. Internet website. |
2 | (a) Establishment.--By May 15, 2009, the Office of the |
3 | Budget shall implement and maintain an Internet website to |
4 | provide information to the public on the expenditure of funds |
5 | allocated or provided to the Commonwealth under the American |
6 | Recovery and Reinvestment Act of 2009. |
7 | (b) Transcripts.--Transcripts of all meetings of the |
8 | commission shall be posted on the Internet website within three |
9 | days of the meeting. |
10 | (c) Copies.--The Internet website shall provide a link to |
11 | the American Recovery and Reinvestment Act of 2009 and to |
12 | legislation proposed or adopted by the General Assembly that |
13 | includes appropriations of funds under the American Recovery and |
14 | Reinvestment Act of 2009. |
15 | (d) Other information.--The Office of the Budget shall post |
16 | reports prepared under section 7 and any other information |
17 | deemed appropriate by the commission. |
18 | (e) Expenditure.--The Internet website shall include the |
19 | following data relating to expenditures of funds allocated or |
20 | provided to the Commonwealth under the American Recovery and |
21 | Reinvestment Act of 2009 of $25,000 or more: |
22 | (1) The name and county of the recipient of the funds. |
23 | (2) The amount of funds expended or received. |
24 | (3) Whether the funds are in the form of a grant, loan |
25 | or other distribution method. |
26 | (4) The disbursing agency and the appropriation from |
27 | which the expenditure is made. |
28 | (5) A description of the purpose and type of |
29 | expenditure. |
30 | (6) Any State or other audit report relating to the |
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1 | funding recipient, the specific program under which the funds |
2 | are administered or the agency distributing the funds. |
3 | (7) Any other information specified by the commission. |
4 | (f) Updates.--The information on the Internet website shall |
5 | be updated twice a month. |
6 | (g) Search capability.--The information on the Internet |
7 | website shall be in the form of a searchable database which may |
8 | be searched at no cost. |
9 | (h) Duration.--The Internet website shall be maintained for |
10 | a period of five years from the effective date of this section. |
11 | Section 7. Reports. |
12 | The commission shall prepare a written report every three |
13 | months and shall transmit the report to the chairman and |
14 | minority chairman of the Appropriations Committee of the Senate |
15 | and the Appropriations Committee of the House of |
16 | Representatives. |
17 | Section 8. Applicability of other laws. |
18 | The following laws shall apply to the commission and its |
19 | activities: |
20 | (1) The provisions of 65 Pa.C.S. Ch. 7. |
21 | (2) The act of February 14, 2008 (P.L.6, No.3), known as |
22 | the Right-to-Know Law. |
23 | Section 9. Expiration. |
24 | This act shall expire five years from the effective date of |
25 | this section. |
26 | Section 20. Effective date. |
27 | This act shall take effect immediately. |
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