PRINTER'S NO. 2015
No. 1650 Session of 1999
INTRODUCED BY VITALI, LEVDANSKY, MASLAND, FREEMAN, KREBS,
M. COHEN, HANNA, JAMES, CAPPABIANCA, JOSEPHS, MANDERINO,
CURRY, WILLIAMS, STEELMAN, DALEY, LAUGHLIN, SURRA, TIGUE,
VAN HORNE, MELIO, PETRONE, MICHLOVIC, SANTONI, TRICH AND
WALKO, JUNE 14, 1999
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 14, 1999
AN ACT
1 Providing for public financing for candidates for the office of
2 Governor and Lieutenant Governor; establishing the
3 Pennsylvania Fair Campaign Fund; providing qualifications for
4 funding, for payments, for use of funds, for authorized
5 expenditures, for limitation on contributions, for return of
6 funds and for penalties.
7 TABLE OF CONTENTS
8 Section 1. Short title.
9 Section 2. Definitions.
10 Section 3. Application of act.
11 Section 4. Administration.
12 Section 5. Pennsylvania Fair Campaign Fund established.
13 Section 6. Funding the Pennsylvania Fair Campaign.
14 Section 7. Certification of moneys in fund.
15 Section 8. Qualification for funding.
16 Section 9. Funding formula.
17 Section 10. Limitations on funding.
18 Section 11. Time of payments.
1 Section 12. Use of funds by candidates.
2 Section 13. Expenditures.
3 Section 14. Annual report.
4 Section 15. Return of excess funds.
5 Section 16. Limitations on certain contributions.
6 Section 17. Interactive gubernatorial primary and general
7 election debates; participation by candidates.
8 Section 18. Time and contents; sponsors.
9 Section 19. Failure of candidate to participate in debates;
10 complaint; hearing; determination.
11 Section 20. Penalties.
12 Section 21. Appropriation.
13 Section 22. Severability.
14 Section 23. Applicability.
15 Section 24. Effective date.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Short title.
19 This act shall be known and may be cited as the Pennsylvania
20 Gubernatorial Public Financing Act.
21 Section 2. Definitions.
22 The following words and phrases when used in this act shall
23 have the meanings given to them in this section unless the
24 context clearly indicates otherwise:
25 "Commission." The State Ethics Commission.
26 "Contribution." Any payment, gift, subscription, assessment,
27 contract, payment for services, dues, loan, forbearance, advance
28 or deposit of money or any valuable thing to a candidate or
29 political committee made for the purpose of influencing any
30 election in this Commonwealth or for paying debts incurred by or
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1 for a candidate or committee before or after any election. The
2 term includes the purchase of tickets for events such as
3 dinners, luncheons, rallies and all other fund-raising events;
4 the granting of discounts or rebates not available to the
5 general public; the granting of discounts or rebates by
6 television and radio stations and newspapers not extended on an
7 equal basis to all candidates for the same office; and any
8 payments provided for the benefit of any candidate, including
9 any payments for the services of any person serving as an agent
10 of a candidate or committee by a person other than the candidate
11 or committee or a person whose expenditures the candidate or
12 committee must report under the act of June 3, 1937 (P.L.1333,
13 No.320), known as the Pennsylvania Election Code. The word
14 "contribution" includes any receipt or use of anything of value
15 received by a political committee from another political
16 committee and also includes any return on investments by a
17 political committee.
18 "Declaration of candidacy." The point in a person's campaign
19 for political office at which that person becomes in compliance
20 with section 1622 of the act of June 3, 1937 (P.L.1333, No.320),
21 known as the Pennsylvania Election Code.
22 "Expenditure."
23 (1) The payment, distribution, loan or advancement of
24 money or any valuable thing by a candidate, political
25 committee or other person for the purpose of influencing the
26 outcome of an election.
27 (2) The payment, distribution, loan, advance or transfer
28 of money or other valuable thing between or among political
29 committees.
30 (3) The providing of a service or other valuable thing
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1 for the purpose of influencing the outcome of a nomination or
2 election of any person to any public office to be voted for
3 in this Commonwealth.
4 (4) The payment or providing of money or other valuable
5 thing by any person other than a candidate or political
6 committee to compensate any person for services rendered to a
7 candidate or political committee.
8 "Fund." The Pennsylvania Fair Campaign Fund established in
9 section 5.
10 "Independent expenditure." An expenditure by a person made
11 for the purpose of influencing an election without cooperation
12 or consultation with any candidate or any political committee
13 authorized by that candidate and which is not made in concert
14 with or at the request or suggestion of any candidate or
15 political committee or agent thereof.
16 "Major political party." A political party whose candidate
17 for Governor received either the highest or second highest
18 number of votes in the preceding gubernatorial election.
19 Section 3. Application of act.
20 (a) Limits.--The provisions of this act shall be applicable
21 to candidates for the offices of Governor and Lieutenant
22 Governor.
23 (b) Single candidacy.--For the purposes of this act insofar
24 as it relates to funding of nominated candidates in the general
25 election, a political party's or political body's nominated
26 candidates for Governor and Lieutenant Governor shall be
27 considered as one candidacy, and the provisions specifically
28 applicable to the Governor shall be applicable to the combined
29 candidacy.
30 Section 4. Administration.
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1 The provisions of this act shall be administered by the State
2 Ethics Commission. The commission may adopt rules and
3 regulations as may be required to implement the provisions of
4 this act and to carry out its purpose.
5 Section 5. Pennsylvania Fair Campaign Fund established.
6 There is hereby established a special restricted receipts
7 fund in the State Treasury to be known as the Pennsylvania Fair
8 Campaign Fund. Payments shall be made into this fund pursuant to
9 section 6, and disbursements shall be made from the fund only
10 upon the warrant of the commission and a warrant of the State
11 Treasurer. As much of the moneys in the fund as are necessary to
12 make payments to candidates as provided in this act are
13 appropriated from the Pennsylvania Fair Campaign Fund on a
14 continuing basis for the purpose of such payments.
15 Section 6. Funding the Pennsylvania Fair Campaign.
16 (a) Designation of taxes.--Beginning with tax years
17 commencing January 1, 1999, and thereafter, each individual
18 subject to the tax imposed by Article III of the act of March 4,
19 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, whose
20 tax liability for the year is $5 or more may designate $5 of his
21 personal income taxes to be paid into the fund. In the case of
22 married taxpayers filing a joint return, each spouse may
23 designate $5 to be paid into the fund if their tax liability is
24 $10 or more. All of these designated tax revenues shall be paid
25 into the fund. The check-off and instructions shall be
26 prominently displayed on the first page of the return form. The
27 instructions shall readily indicate that these designations
28 neither increase nor decrease an individual's tax liability.
29 (b) Appropriation.--The General Assembly shall appropriate
30 money to the Fair Campaign Fund sufficient to fully fund all
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1 requirements of this act including the administrative,
2 investigative and enforcement responsibilities of the State
3 Ethics Commission. Upon notice by the commission, the General
4 Assembly shall appropriate to the commission out of the General
5 Fund such additional sums as may be required to carry out the
6 purposes of this act if the sums first appropriated become
7 inadequate.
8 Section 7. Certification of moneys in fund.
9 By June 30 of each year, the State Treasurer shall certify to
10 the commission the current balance available in the fund.
11 Section 8. Qualification for funding.
12 (a) General rule.--Any candidate for the offices of Governor
13 and Lieutenant Governor may apply for funding under this act if
14 the candidate meets the contributory thresholds established in
15 subsection (b) and otherwise conforms to the requirements of
16 this act. No candidate shall be obligated to apply for funding
17 under this act and if any candidate elects not to apply, the
18 provisions of this act pertaining to limits on expenditures or
19 the use of his personal funds shall be inapplicable to the
20 person and his candidacy. Any candidate electing to receive
21 funding under this act shall declare his intention to do so and
22 specify the office for which he is a candidate. No candidate for
23 the office of Governor may elect to receive funding under this
24 act for a general election unless the candidate elected to
25 receive funding under this act for the primary election. Any
26 committee authorized to receive contributions or make
27 expenditures for the candidate who has so declared shall abide
28 by the provisions of section 16. Any candidate who for any
29 reason has his name withdrawn from the ballot, after receipt of
30 funds under this act, shall return to the fund all unspent money
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1 received from the fund.
2 (b) Qualification amounts.--
3 (1) In order to qualify for funding in a general
4 election, a candidate for Governor must receive subsequent to
5 the date of that candidate's primary election but prior to
6 the date of the candidate's general election $200,000 in
7 qualifying contributions.
8 (2) In order to qualify for funding in a primary
9 election, a candidate must receive prior to the date of the
10 primary election, but subsequent to January 1 of the year in
11 which that candidate runs for office. The following amounts:
12 Office Qualifying Contributions Required
13 (i) Governor $100,000
14 (ii) Lieutenant Governor 50,000
15 (3) Definition:
16 (i) The term "qualifying contribution" includes any
17 contribution which has all of the following
18 characteristics:
19 (A) Made by an individual resident of
20 Pennsylvania.
21 (B) Made by a written instrument which indicates
22 the contributor's full name and mailing residence and
23 is not intended to be returned to the contributor or
24 transferred to another political committee or
25 candidate.
26 (ii) If a contributor receives goods or services of
27 value in return for his contribution, the qualifying
28 contribution shall be calculated as the original
29 contribution, minus the fair market value of the goods or
30 services received.
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1 (c) Evidence of qualifying contributions.--Each candidate
2 who elects to apply for funding under this act shall provide
3 evidence that the candidate has raised the qualifying
4 contributions required by this section which evidence shall be
5 verified and certified as correct by the auditors of the State
6 Ethics Commission.
7 (d) Waiver.--A candidate who has accepted public funding
8 under this act may apply to the commission for a waiver of the
9 contribution limits set forth in section 10 and/or the spending
10 limits contained in section 13 if the amount of independent
11 expenditures for communications advocating the defeat of the
12 candidate or election of his opponent require the candidate
13 applying for the waiver to spend above the limits specified in
14 section 13 in order to answer the communications paid for by the
15 independent expenditures. The commission shall issue regulations
16 setting guidelines for granting or denying requests for a waiver
17 submitted under this section.
18 (e) Audit.--The commission shall conduct a complete audit of
19 all candidates receiving funds under this act. Such audits shall
20 be conducted the year following the election for which funds
21 were distributed. The Secretary of the Commonwealth shall
22 provide the commission at no cost all reports of contributions
23 and expenditures filed pursuant to Article XVI of the act of
24 June 3, 1937 (P.L.1333, No.320) known as the Pennsylvania
25 Election Code, by candidates for Governor and Lieutenant
26 Governor, their political committees and all other political
27 committees who have contributed to such candidates.
28 (f) Findings.--The auditors shall conduct their audit in
29 accord with sound accounting principles and shall make findings
30 of any possible violations of this act. All audited candidates
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1 and their committees shall furnish any records to the
2 accountants which the accountants deem necessary for the
3 completion of their work.
4 (g) Public report.--The commission shall make public the
5 report of the auditors and shall provide a copy to the Attorney
6 General for the institution of such criminal proceedings as he
7 or she shall deem necessary.
8 Section 9. Funding formula.
9 (a) Matching payments.--Every candidate who qualifies for
10 funding for an election pursuant to section 8 shall receive
11 matching payments from the fund in the amount of $2 for each
12 dollar of qualifying contribution.
13 (b) Threshold amounts.--The $2 for each dollar of qualifying
14 contributions provided by this section shall be provided only
15 for qualifying contributions raised which exceed the threshold
16 amounts specified in section 8 and not to those qualifying
17 contributions which are attributable to meeting the threshold
18 amounts necessary to qualify for funding under this act.
19 (c) Eligibility.--
20 (1) Only those qualifying contributions made during the
21 period between January 1 of the year in which the candidate
22 runs for office and the primary election shall be eligible
23 for matching payments from the fund for the primary election.
24 (2) Only those qualifying contributions made during the
25 period between the primary election and the general election
26 of the year in which that candidate runs for office shall be
27 eligible for matching payments from the fund for the general
28 election.
29 (d) Reporting requirements.--Matching funds shall not be
30 provided for any qualifying contributions unless the reporting
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1 requirements required by the commission are satisfied.
2 Section 10. Limitations on funding.
3 (a) General rule.--Every candidate who qualifies for and
4 receives funding pursuant to the formula established by this act
5 shall be entitled to receive no more than the maximum amount
6 specified in subsection (b) for the office the candidate is
7 seeking.
8 (b) Maximum amount.--
9 (1) The maximum amount of funding available for each
10 candidate for Governor at a general election under this act
11 shall be $5,200,000.
12 (2) The maximum amount of funding available for the
13 primary election for each candidate under this act shall be
14 as follows:
15 Office Maximum Pennsylvania Fair
16 Campaign Funding
17 (i) Governor $2,600,000
18 (ii) Lieutenant Governor 600,000
19 (c) Restrictions on funding.--Notwithstanding any other
20 provisions of this act, no funding shall be provided to the
21 following:
22 (1) Candidates in the general election who have received
23 the nomination of both major political parties and have no
24 opposition.
25 (2) Candidates in the primary election who are unopposed
26 for the nomination.
27 Section 11. Time of payments.
28 Beginning 90 days prior to the relevant election, the
29 commission shall make payments authorized by this act at least
30 every two weeks. However, except for the final payment, no
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1 payment shall be due or paid if the payment does not equal at
2 least $5,000.
3 Section 12. Use of funds by candidates.
4 (a) General rule.--Funds distributed to candidates pursuant
5 to this act may be used only for the election for which they are
6 distributed and only for the purposes set forth in this act
7 except that no fund moneys may be used:
8 (1) To transfer to other candidates or to committees of
9 other candidates or to political committees.
10 (2) To pay for expenditures incurred after the date of
11 the general election.
12 (b) Restricted account.--Funds distributed to a candidate
13 pursuant to this act shall be placed in a single bank account.
14 Expenditures from this account shall be made only for campaign
15 expenses listed in subsection (a).
16 Section 13. Expenditures.
17 (a) Total limits.--Expenditures made by a candidate for
18 Governor and his authorized committees, for all purposes and
19 from all sources, including, but not limited to, amounts of
20 funds distributed under this act, proceeds of loans, gifts,
21 contributions from any source or personal funds, subsequent to
22 the date of the primary election but prior to the date of the
23 general election, may not exceed $8,000,000.
24 (b) Primary election.--Expenditures made by a candidate and
25 his authorized committees, subsequent to January 1 of the year
26 in which the candidate runs for office but prior to the date of
27 the primary election, may not exceed the following unless
28 otherwise provided:
29 Office Total Expenditure Limits
30 (1) Governor $4,000,000
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1 (2) Lieutenant Governor 1,000,000
2 (c) Exception.--Notwithstanding any other provision of this
3 act, a candidate who accepts public funding pursuant to the
4 formula established, but whose major political party opponent in
5 a general election elects not to apply for the public funding,
6 shall not be bound by the expenditure limits specified in this
7 section. A candidate who accepts public funding shall be
8 eligible to qualify for those fair campaign funds which would
9 have otherwise been available to the opponent who has chosen not
10 to apply for funding from the fund.
11 (d) Multiple candidates.--Notwithstanding any other
12 provision of this act, a candidate who accepts public funding
13 pursuant to the formula established, but whose major political
14 party opponents in a primary election elect to not apply for the
15 public funding, shall not be bound by the expenditure limits
16 specified in this section. If there is more than one candidate
17 in a major political party in a primary election, the fair
18 campaign funds which would have otherwise been available to each
19 opponent who has elected to not apply for the public funding
20 shall be divided equally among the candidates who accept public
21 financing.
22 Section 14. Annual report.
23 The commission shall report annually to the Governor and the
24 General Assembly on the operations of funding as provided by
25 this act. This report shall include, but not be limited to, the
26 revenues and expenditures in the fund, the amounts distributed
27 to candidates, the results of any audits performed on candidates
28 in compliance with this act and any prosecutions brought for
29 violations of this act.
30 Section 15. Return of excess funds.
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1 (a) Unexpended funds, primary election.--All unexpended
2 campaign funds in a candidate's and his authorized committees'
3 possession 60 days after a primary election shall be returned to
4 the State board for deposit in the fund, up to the amount of the
5 funds which were distributed to the candidate under this act for
6 the primary election.
7 (b) Unexpended funds, general election.--All unexpended
8 campaign funds in a candidate's and his authorized committees'
9 possession 60 days after a general or municipal election shall
10 be returned to the State board for deposit in the fund, up to
11 the amount of the funds which were distributed to the candidate
12 under this act for the general election.
13 Section 16. Limitations on certain contributions.
14 (a) From individual persons and political committees.--
15 Aggregate contributions, including in-kind contributions, from
16 any person or political committee to any candidate for Governor
17 or Lieutenant Governor, his authorized committee or agent shall
18 not exceed $2,000 for each election. Furthermore, for each
19 election, no candidate, his authorized committee or agent shall
20 accept or receive more than $2,000 in aggregate contributions,
21 including in-kind contributions from any person.
22 (b) Source.--A gift, subscription, loan, advance or deposit
23 of money or anything of value to a candidate shall be considered
24 a contribution both by the original source of the contribution
25 and by any intermediary or conduit if the intermediary or
26 conduit:
27 (1) exercises any direction over the making of the
28 contribution; or
29 (2) solicits the contribution or arranges for the
30 contribution made and directly or indirectly makes the
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1 candidate aware of such intermediary or conduit's role in
2 soliciting or arranging the contribution for the candidate.
3 (c) Exception.--For purposes of subsection (g), a
4 contribution shall not be considered to be a contribution by an
5 intermediary or conduit to the candidate if:
6 (1) the intermediary or conduit has been retained by the
7 candidate's committee for the purpose of fundraising and is
8 reimbursed for expenses incurred in soliciting contributions;
9 (2) in the case of an individual, the candidate has
10 expressly authorized the intermediary or conduit to engage in
11 fundraising, or the individual occupies a significant
12 position within the candidate's campaign organization; or
13 (3) in the case of a political committee, the
14 intermediary or conduit is the authorized committee of the
15 candidate.
16 (d) Personal funds.--No candidate for Governor or Lieutenant
17 Governor who accepts public funding in accordance with this act
18 may contribute more than $25,000 per election from personal
19 funds.
20 (e) Applicability.--The provisions of this section apply to
21 any contribution made for the purpose of influencing any
22 election to the office of Governor or Lieutenant Governor.
23 (f) Year contributed.--For purposes of this section, any
24 contribution made to a candidate for Governor or Lieutenant
25 Governor in a year other than the calendar year in which the
26 election is held with respect to which such contribution is made
27 is considered to be made during the calendar year in which such
28 election is held.
29 Section 17. Interactive gubernatorial primary and general
30 election debates; participation by candidates.
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1 (a) Debates, general election.--In any year in which a
2 primary election is to be held to nominate candidates for the
3 offices of Governor and Lieutenant Governor, there shall be held
4 among the several candidates for each nomination a series of
5 interactive primary debates in which all candidates who have
6 filed nomination petitions in accordance with the act of June 3,
7 1937 (P.L.1333, No.320), known as the Pennsylvania Election
8 Code, for these offices and have applied or intend to apply to
9 receive money for election campaign expenses from the fund shall
10 participate and in which any other candidate for that nomination
11 may elect to participate, provided that the other candidate
12 notifies the commission of the candidate's intent to participate
13 no later than 20 days before the date of the debate. In any year
14 in which no candidate or only one candidate for a nomination is
15 required or elects to participate, no primary debate shall be
16 required to be held under this subsection.
17 (b) Participation by candidates.--In any year in which a
18 general election is to be held for the offices of Governor and
19 Lieutenant Governor, there shall be held a series of interactive
20 debates in which all candidates who have received nominations
21 for these offices at the primary or through the filing of
22 nomination papers in accordance with the Pennsylvania Election
23 Code and have applied or intend to apply to receive money for
24 election campaign expenses from the fund shall participate and
25 in which any other candidate for election may participate,
26 provided that the other candidate notifies the commission of the
27 candidate's intent to participate no later than 20 days before
28 the date of the debate. In any year in which no candidate or
29 only one such candidate for a nomination is required or elects
30 to participate, no debate shall be required to be held under
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1 this subsection.
2 Section 18. Time and contents; sponsors.
3 (a) Number of debates, primary election.--There shall be two
4 gubernatorial and two lieutenant gubernatorial primary debates.
5 Each of the debates shall be at least one hour in duration. The
6 first debate shall occur not earlier than the date on which the
7 names of candidates to appear on the primary ballot are
8 certified by the Secretary of the Commonwealth in accordance
9 with section 916 of the act of June 3, 1937 (P.L.1333, No.320),
10 known as the Pennsylvania Election Code, and the second debate
11 shall occur not later than the Tuesday preceding the primary
12 election.
13 (b) Number of debates, general elections.--There shall be
14 three gubernatorial and three lieutenant gubernatorial debates.
15 Each of the debates shall be at least one hour. The first debate
16 shall occur not earlier than 50 days before the date of the
17 general election, and the second debate shall occur not later
18 than the Tuesday preceding the election.
19 (c) Independent debates.--Private organizations which are
20 not affiliated with any political party or with any holder of or
21 candidate for public office, which have not endorsed any
22 candidate in the pending primary or general election for the
23 office of Governor, and which have previously sponsored one or
24 more televised debates for Statewide office since 1986 shall be
25 eligible to sponsor one or more interactive gubernatorial
26 primary debates or interactive gubernatorial election debates
27 under subsection (a) or (b), respectively.
28 (d) Applications for private sponsor.--The commission shall
29 accept applications from eligible private organizations to
30 sponsor one or more of the interactive debates. Applications to
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1 sponsor debates under subsection (a) shall be submitted to the
2 commission no later than March 15 of any year in which a primary
3 election is to be held to nominate candidates for the office of
4 Governor and Lieutenant Governor, and applications to sponsor
5 debates under subsection (b) shall be submitted to the
6 commission no later than July 1 of any year in which a general
7 election is to be held to fill the office of Governor.
8 (e) Limitations.--Where the number of eligible applicants to
9 sponsor primary debates or election debates exceed the number
10 prescribed under subsection (a) and (b), respectively, the
11 commission shall select the private organizations from among the
12 applicants within 30 days of the last day for submitting those
13 applications, as provided under this subsection. To the maximum
14 extent practicable and feasible, the commission shall select a
15 different private organization to sponsor each of the
16 interactive gubernatorial debates, but shall not be precluded
17 from selecting the same private organization to sponsor more
18 than one debate.
19 (f) Debate rules, location, date, time.--The private
20 organizations selected by the commission shall be responsible
21 for selecting the date, time and location of the debates,
22 subject to the limitations set forth in this section. The rules
23 for conducting each debate shall be solely the responsibility of
24 the private organizations so selected, but shall not be made
25 final without consultation with both the chairman of the State
26 committee of each political party in the case of primary
27 debates, and with a representative designated by each of the
28 participating candidates in the case of election debates.
29 Section 19. Failure of candidate to participate in debates;
30 complaint; hearing; determination; penalties.
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1 (a) Hearing.--The commission shall have the power and duty,
2 upon receipt of a complaint against a candidate for nomination
3 for election or for election for the office of Governor or
4 Lieutenant Governor who is required to participate in primary
5 debates or election debates, respectively, to hold a hearing to
6 determine whether that candidate has failed to participate in
7 debates. If, at the conclusion of a hearing under this section,
8 the commission determines by majority vote that a candidate
9 required to participate under this act has failed to do so, the
10 chairman shall immediately inform the candidate in writing of
11 that determination, identifying in that writing the date and
12 circumstances of the failure. If, after having found that a
13 candidate required to participate in a primary or election
14 debate has failed to do so, the commission further finds that
15 the failure occurred under circumstances which were beyond the
16 control of the candidate and were of such a nature that a
17 reasonable person, taking into account the purposes of this act
18 and the relevant facts of the case, would find the failure
19 justifiable or excusable, then the candidate shall not be
20 subject to any penalty or liability for failing to participate.
21 The candidate charged with failure to participate shall have the
22 burden of showing justification or excuse.
23 (b) Failure to participate.--The campaign of any candidate
24 or former candidate who shall have been required to participate
25 in a primary debate or election debate under this act, but who
26 has been found to have failed to do so without reasonable
27 justification or excuse, shall be liable for return of moneys
28 previously received for use by the candidate to pay primary
29 election campaign expenses or general election campaign
30 expenses, respectively. The commission shall determine the total
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1 amount of moneys for election campaign expenses in that year by
2 the commission to the candidate under this act, as appropriate,
3 and shall notify the campaign treasurer of the candidate of the
4 liability as of the date of the notice, for the repayment of
5 those moneys plus interest on the unpaid amount of that
6 liability from that date at the rate of 1% for each month or
7 fractional a part of a month during which that amount remains
8 unpaid.
9 Section 20. Penalties.
10 (a) General rule.--A person who violates the provisions of
11 this act and who, as a result, obtains funds under this act to
12 which he is not entitled commits a misdemeanor of the first
13 degree and shall, upon conviction, be subject to a fine not to
14 exceed the greater of $10,000, or three times the amount of
15 funds wrongfully obtained or to imprisonment for up to five
16 years, or both.
17 (b) Use of funds and expenditures.--A person who violates
18 section 12 or 13 commits a misdemeanor of the first degree and
19 shall, upon conviction, be subject to a fine not to exceed the
20 greater of $10,000, or three times the amount of funds that were
21 wrongfully used or expended or to imprisonment for up to five
22 years, or both.
23 (c) Other offenses.--Except as provided in subsections (a)
24 and (b), a person who violates any provision of this act commits
25 a misdemeanor of the third degree and shall, upon conviction, be
26 subject to a fine of not more than $1,000, or to imprisonment
27 for up to one year, or both.
28 (d) Fines and penalties.--All fines and penalties assessed
29 pursuant to this act shall be deposited in the Pennsylvania Fair
30 Campaign Fund.
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1 Section 21. Appropriation.
2 (a) Appropriation.--The sum of $750,000 is hereby
3 appropriated to the State Ethics Commission for fiscal year
4 1999-2000 to implement the requirements of this act.
5 (b) Adjustments.--The dollar figures contained in this act
6 shall be adjusted annually at a rate equal to the average
7 percentage change in the All-Urban Consumer Price Index for the
8 Pittsburgh, Philadelphia and Scranton standard metropolitan
9 statistical areas as published by the Bureau of Labor Statistics
10 of the United States Department of Labor, or any successor
11 agency, occurring in the prior calendar year. The base year
12 shall be 1998. The average shall be calculated and certified
13 annually by the commission by adding the percentage increase in
14 each of the three areas and dividing by three. The calculation
15 and resulting new dollar figures shall be published in March in
16 the Pennsylvania Bulletin. The checkoff referred to in section 6
17 shall be rounded to the nearest dollar.
18 Section 22. Severability.
19 The provisions of this act are severable. If any provision of
20 this act or its application to any person or circumstance is
21 held invalid, the invalidity shall not affect other provisions
22 or applications of this act which can be given effect without
23 the invalid provision or application.
24 Section 23. Applicability.
25 This act shall be applicable to returns of taxpayers of
26 calendar years commencing January 1, 2000, and thereafter.
27 Funding from the Pennsylvania Fair Campaign Fund shall be
28 provided to candidates for Statewide office beginning with the
29 primary election of 2002 and in each gubernatorial primary and
30 election thereafter.
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1 Section 24. Effective date.
2 This act shall take effect in 120 days.
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