PRINTER'S NO. 2482

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1948

Session of

2024

INTRODUCED BY KRUPA, MAJOR, KLUNK, SCHEUREN, DIAMOND, FEE,

GAYDOS, GILLEN, HAMM, M. JONES, T. JONES, JOZWIAK,

M. MACKENZIE, R. MACKENZIE, MARCELL, OBERLANDER, OWLETT,

government units, providing for reimbursement for claims of

sexual harassment.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Chapter 85 of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

Sec.

8571. Definitions.

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The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Public employee." As defined in 65 Pa.C.S. § 1102 (relating

to definitions).

"Public money." Commonwealth money, including any of the

following:

(1) Money deposited in the State Treasury.

(2) Money used for a risk management program funded or

administered by the Commonwealth.

"Public official." As defined in 65 Pa.C.S. § 1102.

"Sexual harassment." An unwelcome sexual advance, unwelcome

request for a sexual favor or other unwelcome verbal or physical

conduct of a sexual nature.

§ 8572. Determination of reimbursement for claim of sexual

(a) Review.-- Notwithstanding any other provision of law,

within 30 days of a claim of sexual harassment being settled or

otherwise adjudicated which results in the payment of public

money, the individual or authority investigating the claim on

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in section 102 of the act of February 14, 2008 (P.L.6, No.3),

known as the Right-to-Know Law . The Attorney General shall

review and evaluate the report and determine whether the

perpetrator of sexual harassment should pay a portion or all of

the claim paid to the victim. If the payment of public money

under this subsection is due to the perpetrator of sexual

harassment being convicted of or entering a plea of guilty or

nolo contendere for a criminal offense or due to an award or

settlement in a civil proceeding, the Attorney General shall

determine that the perpetrator should pay all of the claim paid

performance of the duties of the individual's office or

employment with a government agency at the time the sexual

harassment occurred.

(2) The severity of the sexual harassment.

(3) The amount of public money expended.

(4) Any pending legal matters relating to the claim.

(c) Public reports.--Within 30 days of receiving the report

under subsection (a), the Attorney General shall provide a

public report describing the factual determinations and an

assessment of the allegations in the claim a nd issue a statement

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(d) Notice.-- If a claim under subsection (a) involves sexual

harassment in violation of Federal or State law, the individual

or authority investigating the claim shall notify the

perpetrator of sexual harassment of the following:

(1) The possibility that the perpetrator may be required

to reimburse the Commonwealth for an award or settlement in

connection with the claim.

(2) The perpetrator's right to intervene in related

mediation, hearing or civil actions.

§ 8573. Liability for reimbursement for claim of sexual

by the public employee or public official; o r

(2) obtain a release for a claim of sexual harassment by

the public employee or public official.

(b) Costs for outside legal counsel.--A public employee or

public official subject to subsection (a) shall be liable for

and shall reimburse the public money paid by the government

agency to cover the costs incurred by the government agency for

outside legal counsel to defend the public employee or public

official in connection with the claim of sexual harassment .

(c) Civil action.--The Attorney General shall initiate a

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(d) Status of reimbursement.--A reimbursement of public

money ordered by a court under this section shall be a judgment

in favor of the government agency upon the public employee or

public official or property of the public employee or public

official ordered to make the reimbursement. For a judgment owed

to the Commonwealth, the Attorney General shall have the duty to

enforce the judgment in a court of competent jurisdiction.

(e) Method of reimbursement.--A court may order a public

employee or public official to make a reimbursement under this

section in a lump sum, by monthly installments or according to

employee or public official fails to repay the judgment amount

specified in an order under this subsection, the State Treasurer

shall d educt an amount from the salary or pension or retirement

plan of the public employee or public official that ensures a

reasonable living standard for the public employee or public

official in accordance with Federal and State law. If the public

employee or public official has multiple pension or retirement

plans, the State Treasurer shall deduct an amount from each plan

proportionately.

(f) Deposits of reimbursed or recovered money.--Money

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Upon the effective date of this section and each year

thereafter, a government agency shall provide notice of the

liability under sections 8572 (relating to determination of

reimbursement for claim of sexual harassment) and 8573 (relating

to liability for reimbursement for claim of sexual harassment )

to each employee of the government agency. The government agency

shall transmit the initial notice to the Legislative Reference

Bureau for publication in the next available issue of the

Pennsylvania Bulletin.

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