PRINTER'S NO. 2013
No. 1628 Session of 2005
INTRODUCED BY GOODMAN, SOLOBAY, BASTIAN, BELFANTI, CALTAGIRONE,
CRAHALLA, DeWEESE, FABRIZIO, GERGELY, HARRIS, HERSHEY, JAMES,
JOSEPHS, LEACH, PISTELLA, RAMALEY, RUBLEY, SHANER, STETLER,
SURRA, TIGUE AND YOUNGBLOOD, JUNE 6, 2005
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 6, 2005
AN ACT
1 Amending the act of August 5, 1941 (P.L.752, No.286), entitled
2 "An act regulating and improving the civil service of certain
3 departments and agencies of the Commonwealth; vesting in the
4 State Civil Service Commission and a Personnel Director
5 certain powers and duties; providing for classification of
6 positions, adoption of compensation schedules and
7 certification of payrolls; imposing duties upon certain
8 officers and employes of the Commonwealth; authorizing
9 service to other State departments or agencies and political
10 subdivisions of the Commonwealth in matters relating to civil
11 service; defining certain crimes and misdemeanors; imposing
12 penalties; making certain appropriations, and repealing
13 certain acts and parts thereof," further providing for
14 political activity.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 Section 1. Section 905.2(b), (c), (d) and (e) of the act of
18 August 5, 1941 (P.L.752, No.286), known as the Civil Service
19 Act, added June 26, 1989 (P.L.47, No.10), are amended and the
20 section is amended by adding a subsection to read:
21 Section 905.2. Political Activity.--* * *
22 (b) [No person in the classified service shall take an
23 active part in political management or in a political campaign.
1 Activities prohibited by this subsection include, but are not
2 limited to,] A person in the classified service is prohibited
3 from the following activities:
4 (1) [Serving as an officer of a political party, a member of
5 a National, State or local committee of a political party or an
6 officer or member of a committee of a partisan political club,
7 or being a candidate for any of these positions.
8 (2) Organizing or reorganizing a political party
9 organization or political club.
10 (3) Directly or indirectly soliciting, receiving,
11 collecting, handling, disbursing or accounting for assessments,
12 contributions or other funds for a partisan political purpose.
13 (4) Organizing, selling tickets to, promoting or actively
14 participating in a fund-raising activity of a candidate in a
15 partisan election or of a political party, or political club.
16 (5) Taking an active part in managing the political campaign
17 of a candidate for public office in a partisan election or a
18 candidate for political party office.
19 (6)] Becoming a candidate for, or campaigning for, Congress
20 or an elective National or State public office in a partisan
21 election[.], including any of the following offices:
22 (i) President or Vice President of the United States.
23 (ii) United States Senator.
24 (iii) United States Representative.
25 (iv) Governor.
26 (v) Lieutenant Governor.
27 (vi) State senator.
28 (vii) State representative.
29 (viii) Attorney General.
30 (ix) Auditor General.
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1 (x) State Treasurer.
2 (xi) Justice of the Supreme Court.
3 (xii) Judge of the Superior Court.
4 (xiii) Judge of the Commonwealth Court.
5 [(7) Soliciting votes in support of or in opposition to a
6 candidate for public office in a partisan election or a
7 candidate for political party office.
8 (8) Acting as recorder, watcher, challenger or similar
9 officer at the polls on behalf of a political party or a
10 candidate in a partisan election.
11 (9) Driving voters to the polls on behalf of a political
12 party or a candidate in a partisan election.
13 (10) Endorsing or opposing a candidate for public office in
14 a partisan election or a candidate for political party office in
15 a political advertisement, a broadcast, campaign, literature or
16 similar material.
17 (11) Serving as a delegate, alternate or proxy to a
18 political party convention.
19 (12) Addressing a convention, caucus, rally or similar
20 gathering of a political party in support of or in opposition to
21 a partisan candidate for public office or political party
22 office.
23 (13) Initiating or circulating a partisan nominating
24 petition.
25 (14)] (2) Soliciting, paying, collecting or receiving a
26 contribution at or in the workplace from any employe for any
27 political party, political fund or other partisan recipient.
28 [(15)] (3) Paying a contribution at or in the workplace to
29 any employe who is the employer or employing authority of the
30 person making the contribution for any political party,
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1 political fund or other partisan recipient.
2 (4) Using official information for partisan purposes unless
3 that information is available to the public.
4 (5) Engaging in any political activity while on duty.
5 (6) Engaging in any political activity while wearing a
6 uniform or official insignia identifying the office or position
7 of the employe.
8 (7) Knowingly soliciting or discouraging the participation
9 in any political activity or any person who:
10 (i) has an application for any compensation, grant,
11 contract, ruling, license or permit pending before the employing
12 office of the employe; or
13 (ii) is the subject of or the participant in an ongoing
14 audit, investigation or enforcement action being carried out by
15 the employing office of the employe.
16 (b.1) (1) No person in the classified service may take an
17 active part in political management or political campaigns if he
18 is employed by any of the following:
19 (i) Bureau of Commissions, Elections and Legislation under
20 the Department of State.
21 (ii) State Civil Service Commission.
22 (iii) State Ethics Commission.
23 (2) For the purposes of this subsection, the term "active
24 part in political management or political campaign" means any of
25 the following:
26 (i) The activities set forth in subsection (b).
27 (ii) Serving as an officer of a political party, a member of
28 a National, State or local committee of a political party or an
29 officer or member of a committee of a partisan political club,
30 or being a candidate for any of these positions.
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1 (iii) Organizing or reorganizing a political party
2 organization or political club.
3 (iv) Directly or indirectly soliciting, receiving,
4 collecting, handling, disbursing or accounting for assessments,
5 contributions or other funds for a partisan political purpose.
6 (v) Organizing, selling tickets to, promoting or actively
7 participating in a fund-raising activity of a candidate in a
8 partisan election or of a political party or political club.
9 (vi) Taking an active part in managing the political
10 campaign of a candidate for public office in a partisan election
11 or a candidate for political party office.
12 (vii) Becoming a candidate for, or campaigning for, an
13 elective public office in a partisan election.
14 (viii) Soliciting votes in support of or in opposition to a
15 candidate for public office in a partisan election or a
16 candidate for political party office.
17 (ix) Acting as recorder, watcher, challenger or similar
18 officer at the polls on behalf of a political party or a
19 candidate in a partisan election.
20 (x) Driving voters to the polls on behalf of a political
21 party or a candidate in a partisan election.
22 (xi) Endorsing or opposing a candidate for public office in
23 a partisan election or a candidate for political party office in
24 a political advertisement, a broadcast, campaign, literature or
25 similar material.
26 (xii) Serving as a delegate, alternate or proxy to a
27 political party convention.
28 (xiii) Addressing a convention, caucus, rally or similar
29 gathering of a political party in support of or in opposition to
30 a partisan candidate for public office or political party
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1 office.
2 (xiv) Initiating or circulating a partisan nominating
3 petition.
4 (c) An employe or individual to whom subsection (a) or (b)
5 applies retains [the right to vote and to express an opinion on
6 political subjects and candidates,] all other rights enjoyed by
7 all other citizens of this Commonwealth and may engage in the
8 following activities:
9 (1) Register and vote in any election.
10 (2) Express an opinion as an individual privately and
11 publicly on political subjects and candidates.
12 (3) Display a political picture, sticker, badge or button
13 when not on duty and at locations other than the workplace.
14 (4) Participate in the nonpartisan activities of a civic,
15 community, social, labor or professional organization, or of a
16 similar organization.
17 (5) Be a member of a political party or other political
18 organization or club and participate in its activities to the
19 extent consistent with this section.
20 (6) Attend a political convention, rally, fund-raising
21 function or other political gathering.
22 (7) Sign a political petition as an individual.
23 (8) Make a financial contribution to a political party or
24 organization.
25 (9) Be politically active in connection with a question
26 which is not specifically identified with a political party,
27 such as a constitutional amendment, referendum, approval of a
28 municipal ordinance or any other question or issue of a similar
29 character.
30 (10) Otherwise participate fully in public affairs, except
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1 as prohibited by law, in a manner which does not materially
2 compromise efficiency or integrity as an employe or the
3 neutrality, efficiency or integrity of a Commonwealth agency.
4 [(d) Notwithstanding anything in this section or any other
5 act to the contrary, no person shall be deemed ineligible for
6 the office of school director solely on the basis that such
7 person is a member of the classified service under this act.
8 (e) Subsection (c) does not authorize an employe to engage
9 in political activity while on duty or while in a uniform that
10 identifies him as an employe. The head of an agency may prohibit
11 or limit the participation of an employe or class of employes of
12 the agency in an activity permitted by subsection (c), if
13 participation in the activity would interfere with the efficient
14 performance of official duties or create a conflict or apparent
15 conflict of interests.]
16 * * *
17 Section 2. This act shall take effect in 60 days.
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