Section 401.2. Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Act—The act of August 4, 1959 (P. L. 587, No. 195) (46 P. S. § § 70.1—70.7).

Auditee—In the case of a study project, a Commonwealth agency responsible for the function, activity or program which is the subject matter of the study. In the specific case of a sunset performance audit, the Commonwealth agency which is named in the Sunset Act (71 P. S. § § 1795.1—1795.14) or otherwise required by statute to undergo sunset review as provided for in the act.

Authorized representative—A person, including the Executive Director, who is approved by a majority of the officers to implement the general duties of the Committee and those persons who are contracted by the Committee for specific duties which have been approved by a majority of the officers. A current listing of authorized representatives shall be maintained by the Executive Director.

Committee—The Legislative Budget and Finance Committee.

Confidential records—Records which are prohibited under this chapter from public disclosure.

Disclose or disclosure—To make records available for examination or copying, to furnish a copy, or to otherwise release records to a person other than to a member of the Committee or its authorized representatives.

Executive Director—The position created under the act. The duties of the position include the making of recommendations concerning budget and revenue of the departments, boards, commissions and agencies of the Commonwealth.

Identifiable—In the context of a request for a record, a reasonably specific description of a particular record sought, such as the date of the record, subject matter, agency or person involved, and the like, which will permit location or retrieval of the record.

Legislative Budget and Finance Committee—The elected officials who are designated as members of the Committee formed under the act.

Officers—Members of the Committee elected to serve in the offices of Chairperson, Vice-Chairperson, Secretary and Treasurer.

Person—An individual, partnership, corporation, association or public or private organization, including Commonwealth officials and employes.

Records—Books, papers, manuals, reports, verification letters, work papers and other documentary materials, regardless of physical form or characteristics, under the control of the Committee or its authorized representative which are maintained under a sunset performance audit or a study project and the specific and unique information contained therein. In the context of a request for a record, the term refers only to records in being and under control of the Committee or its authorized representative. The term does not include and this chapter does not pertain to reports authored by the Committee which are specifically released to the public at a meeting of the Committee. The term also does not include other books, booklets and similar documents which have been published and made available to the public by the author of the book, booklet or similar document.

Study project—Activities resulting in a written report by the Committee under its duties required by the act or other studies not including sunset performance audits.

Sunset performance audit—A specific study project involving activities resulting in a written report by the Committee under the Sunset Act (71 P. S. § § 1795.1—1795.14), evaluating the management and performance of an agency based on the statistics on its operations and carried out in accordance with the standards for performance and financial compliance auditing developed by the United States General Accounting Office. The term also includes specific study projects involving activities resulting in a written report by the Committee under sunset provisions of other acts.

The provisions of this § 401.2 adopted January 3, 1986, effective January 4, 1986, 16 Pa.B. 6; amended August 10, 1990, effective August 11, 1990, 20 Pa.B. 4299. Immediately preceding text appears at serial pages (103906) to (103907).