Regular Session 2023-2024 House Bill 0573 P.N. 2173

PRIOR PRINTER'S NO. 545

PRINTER'S NO. 2173

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

573

Session of

2023

INTRODUCED BY BENHAM, MADDEN, SANCHEZ, HILL-EVANS, D. WILLIAMS,

KINKEAD, DEASY, N. NELSON, KINSEY, PISCIOTTANO, GREEN,

WEBSTER AND TAKAC, MARCH 20, 2023

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

OCTOBER 18, 2023

AN ACT

Amending the act of April 9, 1929 (P.L.177, No.175), entitled

"An act providing for and reorganizing the conduct of the

executive and administrative work of the Commonwealth by the

Executive Department thereof and the administrative

departments, boards, commissions, and officers thereof,

including the boards of trustees of State Normal Schools, or

Teachers Colleges; abolishing, creating, reorganizing or

authorizing the reorganization of certain administrative

departments, boards, and commissions; defining the powers and

duties of the Governor and other executive and administrative

officers, and of the several administrative departments,

boards, commissions, and officers; fixing the salaries of the

Governor, Lieutenant Governor, and certain other executive

and administrative officers; providing for the appointment of

certain administrative officers, and of all deputies and

other assistants and employes in certain departments, boards,

and commissions; providing for judicial administration; and

prescribing the manner in which the number and compensation

of the deputies and all other assistants and employes of

certain departments, boards and commissions shall be

determined," in powers and duties in general, further

providing for departmental reports.; IN COVID-19 RECORD

RETENTION, FURTHER PROVIDING FOR RETENTION OF RECORDS RELATED

TO COVID-19; AND MAKING AN EDITORIAL CHANGE.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 504 of the act of April 9, 1929 (P.L.177,

No.175), known as The Administrative Code of 1929, is amended to

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read:

Section 504. Departmental Reports.--(a) The head of each

[administrative department and each independent administrative

board and commission shall, not later than October first of each

even-numbered year, report in writing to the Governor concerning

the condition, management, and financial transactions, of the

department, board, or commission; such reports shall, except

where impracticable, be for the two-year period ending May

thirty-first of the year in which they are made. Each

departmental administrative board and commission, and each

advisory board and commission, shall, not later than September

first of each even-numbered year, report in writing to the head

of the department of which such board or commission is a part.

All such reports shall be attached as exhibits to the report

made by the head of the department to the Governor.

Except as otherwise in this act specifically provided, the

reports required by this section shall be in lieu of all other

reports heretofore required by law to be made by the several

administrative departments, boards, and commissions, either to

the Governor or to the General Assembly.] ADMINISTRATIVE

DEPARTMENT, EXCLUDING THE OFFICE OF ATTORNEY GENERAL, DEPARTMENT

OF THE AUDITOR GENERAL AND TREASURY DEPARTMENT, SHALL ANNUALLY

REPORT IN WRITING TO THE GOVERNOR CONCERNING THE CONDITION,

MANAGEMENT AND FINANCIAL TRANSACTIONS OF THE ADMINISTRATIVE

DEPARTMENT.

(b) Reports required under subsection (a) shall:

(1) contain a thorough assessment of the weaknesses and

risks within each administrative department and each independent

administrative board and commission that could negatively affect

the ability of the ADMINISTRATIVE department or board or

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commission to respond to a future emergency in this

Commonwealth; and

(1.1) CONTAIN A REVIEW OF THE DEPARTMENT, BOARD OR

COMMISSION ' S INFORMATION TECHNOLOGY EXPOSURE TO APPLICATIONS AND

SERVICES WHICH ARE OWNED, IN WHOLE OR IN PART, BY FOREIGN

COMPANIES THAT HAVE CLOSE RELATIONSHIPS TO FOREIGN COUNTRIES.

THE OFFICE OF ADMINISTRATION SHALL ADOPT A MANAGEMENT DIRECTIVE

TO ASSIST DEPARTMENTS, BOARDS AND COMMISSIONS IN CARRYING OUT

THE REVIEW UNDER THIS PARAGRAPH. NOTWITHSTANDING ANY OTHER

PROVISION OF LAW, THE DEPARTMENT, BOARD OR COMMISSION MAY REDACT

INFORMATION DEVELOPED DURING THE REVIEW WHICH WOULD BE EXEMPT

FROM DISCLOSURE UNDER THE ACT OF FEBRUARY 14, 2008 (P.L.6,

NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW ; AND

(2) detail the actions necessary to address or otherwise

resolve the weaknesses and risks within each administrative

department and each independent administrative board and

commission .

DOCUMENTS, MATERIALS, INFORMATION AND COPIES THEREOF IN THE

POSSESSION OR CONTROL OF EACH DEPARTMENT, OFFICE, BOARD,

COMMISSION AND COUNCIL THAT ARE INCLUDED IN A REPORT REQUIRED

UNDER SUBSECTION (A) SHALL BE PRIVILEGED AND GIVEN CONFIDENTIAL

TREATMENT AND SHALL NOT BE:

(1) SUBJECT TO DISCOVERY OR ADMISSIBLE AS EVIDENCE IN ANY

CIVIL ACTION.

(2) CONSIDERED A PUBLIC RECORD UNDER THE ACT OF FEBRUARY 14,

2008 (P.L.6, NO.3), KNOWN AS THE "RIGHT-TO-KNOW LAW."

(3) MADE PUBLIC BY THE ADMINISTRATIVE DEPARTMENT, EXCEPT AS

APPROVED BY THE GOVERNOR IN WRITING.

SECTION 2. ARTICLE XXI-E HEADING AND SECTION 2102-E OF THE

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ACT ARE AMENDED TO READ:

ARTICLE XXI-E

[COVID-19] DISASTER EMERGENCY RECORD RETENTION

SECTION 2102-E. RETENTION OF RECORDS RELATED TO [COVID-19]

DISASTER EMERGENCY.

AN EXECUTIVE AGENCY SHALL PRESERVE ALL RECORDS IN POSSESSION

OF THE AGENCY RELATING TO THE ORDER AND THE EXECUTIVE AGENCY'S

RESPONSE TO A DISASTER EMERGENCY THAT IS SUBJECT TO A DISASTER

EMERGENCY DECLARATION IN ACCORDANCE WITH THE EXECUTIVE AGENCY'S

EXISTING RECORD RETENTION POLICY.

Section 2 3. This act shall take effect in 60 days.

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