Bill Text: PA SB521 | 2009-2010 | Regular Session | Introduced

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Bill Title: Establishing the Citizens Accountability Corps Act.

Spectrum: Partisan Bill (Democrat 19-0)

Status: (Introduced - Dead) 2009-03-05 - Referred to STATE GOVERNMENT [SB521 Detail]

Download: Pennsylvania-2009-SB521-Introduced.html

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PRINTER'S NO. 600
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 521 Session of2009
INTRODUCED BY DINNIMAN, COSTA, FARNESE, FERLO, FONTANA, KASUNIC, KITCHEN, LEACH, LOGAN, MELLOW, MUSTO, O'PAKE, STACK, TARTAGLIONE, WILLIAMS, WOZNIAK, HUGHES, WASHINGTON AND STOUT, MARCH 5, 2009
REFERRED TO STATE GOVERNMENT, MARCH 5, 2009
AN ACT
Establishing the Citizens Accountability Corps Act.
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 Citizens
Accountability Corps Act.
Section 2. Findings.
The General Assembly finds and declares as follows:
(1) The subprime mortgage crisis and resulting problems
in financial institutions and markets are having a widespread
negative impact on the United States and global economies.
(2) The resulting recession is affecting all sectors of
the economy leaving many individuals unemployed.
(3) The recession is causing subsequent financial
pressures on State government in increased demands for human
services and falling revenues.
(4) The Federal Government will be providing historic
levels of funding for state governments as a result of the
American Recovery and Reinvestment Act.
(5) The Commonwealth's government desires to insure that
the Federal funds are spent on appropriate projects and in an
efficient manner without increasing the size of Commonwealth
government.
(6) Recently unemployed professionals are an available
talent pool that can assist the Commonwealth government in
meeting its objectives of efficient and appropriate use of
Federal funds.
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:
"Capital project." A project which is financed, in whole or
in part, by Federal funds obtained pursuant to the American
Recovery and Reinvestment Act and which meets all of the
following:
(1) Is an undertaking to construct, repair, renovate,
improve, equip, furnish or acquire any:
(i) building, structure, facility or physical public
betterment or improvement;
(ii) land or rights in land; or
(iii) furnishings, machinery, apparatus or equipment
for a building, structure, facility or physical public
betterment or improvement.
(2) Is designated in a capital budget as a capital
project.
(3) Has an estimated useful life in excess of five
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years.
(4) Has an estimated financial cost in excess of
$100,000. This paragraph does not apply to original equipment
or furnishings for previously authorized public improvement
projects.
Capital projects are categorized as flood control projects,
highway projects, public improvement projects, redevelopment
assistance capital projects and transportation assistance
projects.
"Corps." The Citizens Accountability Corps.
"Professionals." Individuals who hold a valid license or
certification from the Commonwealth, or are registered with the
Commonwealth in an occupation relevant to the duties of the
Citizens Accountability Corps, including accounting,
architecture, public procurement, construction management,
engineering and law, who are unemployed and are eligible for
unemployment compensation benefits.
Section 4. Establishment of Citizens Accountability Corps,
members and qualifications.
(a) Establishment.--The Citizens Accountability Corps is
established as an independent agency.
(b) Appointments.--The corps shall be governed by a board to
be known as the Citizens' Accountability Corps Board, consisting
of seven members to be appointed as follows:
(1) Three persons to be appointed by the Governor, no
more than two of whom shall be registered in the same
political party as the Governor.
(2) Four persons to be appointed by legislative leaders;
one each by the President pro tempore of the Senate, the
Minority Leader of the Senate, the Speaker of the House of
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Representatives and the Minority Leader of the House of
Representatives
All appointments shall be made within 30 days of the effective
date of this section.
(c) Qualifications.--
(1) Persons appointed under subsection (b) shall have an
educational background or professional experience in public
procurement, public accounting or auditing, engineering,
architecture, law or construction management.
(2) Appointment authorities shall insure that at least
one person from each of the professions listed in paragraph
(1) are represented on the board.
(3) All board members shall be residents of this
Commonwealth for a period of at least one year next preceding
his appointment.
(d) Term.--Each person appointed shall serve for a term of
office which is conterminous with his appointing authority.
(e) Quorum.--Four members shall constitute a quorum with
four votes necessary for official action.
(f) Duties.--The board shall:
(1) Hire an executive director and legal counsel who are
unemployed and who have filed for unemployment compensation
benefits within 30 days of appointment of final board member.
(2) Hire five regional directors within 30 days of
hiring either the executive director or legal counsel,
whichever occurs last.
(3) Submit quarterly reports to the Governor, the
Secretary of the Senate and the Chief Clerk of the House of
Representatives regarding the activity of the board.
(4) Have its first meeting within ten days of the
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appointment of the final member.
(g) Expenses.--Board members shall not receive any
compensation except that they may be reimbursed for necessary
expenses incurred to carrying out their duties under this act.
(h) Applicable statutes.--The following acts shall apply to
the board as follows:
(1) The provisions of 65 Pa.C.S. Ch.7 (relating to open
meetings).
(2) The board shall be considered an "independent
agency" for purposes of the act of February 14, 2008 (P.L.6,
No.3), known as the Right-to-Know Law, and the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
Section 5. Executive director.
(a) Duties.--The executive director shall oversee the daily
functions of the corps.
(b) Compensation.--The executive director shall receive
compensation equal to 300% of what he would receive in
unemployment compensation benefits.
(c) Removal.--The executive director may be removed for
cause by a vote of at least four members of the board.
Section 6. Legal counsel.
(a) Counsel.--The legal counsel shall provide legal advice
to the board, executive director and regional directors and
represent the board before courts and administrative agencies in
all matters.
(b) Compensation.--The legal counsel shall receive
compensation equal to 300% of what he would receive in
unemployment compensation benefits if eligible.
(c) Removal.--The executive director may be removed for
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cause by a vote of at least four members of the board.
Section 7. Regional directors.
(a) Appointment.--The board shall appoint one regional
director to each region as follows:
(1) Southeast - Philadelphia, Delaware, Montgomery,
Bucks, Chester, Berks, Lehigh, Northampton and Lebanon
counties.
(2) Northeast - Monroe, Schuylkill, Pike, Wayne,
Susquehanna, Lackawanna, Luzerne, Carbon, Wyoming, Columbia,
Montour and Sullivan counties.
(3) Central - Potter, Tioga, Clinton, Centre, Blair,
Huntingdon, Bedford, Fulton, Franklin, Adams, York,
Lancaster, Dauphin, Cumberland, Perry, Mifflin, Juniata,
Snyder, Union, Lycoming and Northumberland counties.
(4) Southwest - Allegheny, Westmoreland, Cambria,
Somerset, Fayette, Indiana, Armstrong, Butler, Lawrence,
Beaver, Washington and Greene counties.
(5) Northwest - Erie, Crawford, Warren, Forest, Venango,
Mercer, Jefferson, Lawrence, Clarion, Elk, McKean, Clearfield
and Cameron counties.
(b) Duties.--Each regional director shall oversee and
coordinate the duties of the corps within his region and
contract with professionals within the region to accomplish the
purposes and duties of the corps under section 8.
(c) Compensation.--Each regional director shall receive
compensation equal to 200% of what he would have received in
unemployment compensation benefits.
Section 8. Corps duties.
The corps shall review contacts, inspect project sites and
audit expenditures related to capital projects funded in whole
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or in part by funds received by the Commonwealth from the
Federal Government through the Federal economic stimulus
legislation.
Section 9. Corps staff.
(a) Professional compensation.--The corps shall contract
with professionals for purposes set forth in section 7.
Professionals shall not receive more than 150% of what he would
receive in unemployment compensation benefits.
(b) Support staff.--The corps shall also contract with one
support staff person for the executive director, the legal
counsel and each regional director. Such staff person shall be
unemployed at the time of hiring. The board shall establish
annual compensation rates for support staff.
Section 10. Expenditures.
The corps' expenses shall be paid from funds received by the
Commonwealth from Federal economic stimulus legislation. The
corps shall not receive more than one-half of 1% of the money
received by the Commonwealth.
Section 11. Applicable statutes.
The following acts or parts of acts shall apply to the board
members and all employees, except support staff, and
professionals subject to this act as follows:
(1) The provisions of 65 Pa.C.S. Ch. 11.
(2) Notwithstanding the provisions of 65 Pa.C.S. §
1103(i), that subsection shall apply to board members
employees and contractors of the board except for support
staff under section 9(b).
(3) The provisions of the act of July 19, 1957
(P.L.1017, No.451), known as the State Adverse Interest Act.
Section 12. Expiration.
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This act shall expire December 31, 2012.
Section 13. Effective date.
This act shall take effect immediately.
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