THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

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

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

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

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

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

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.

This act shall expire December 31, 2012.

Section 13.  Effective date.

This act shall take effect immediately.