Regular Session 2017-2018 House Bill 2675 P.N. 4100

PRINTER'S NO. 4100

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2675

Session of

2018

INTRODUCED BY BERNSTINE, CHRISTIANA, MAHER, MILLARD, RYAN,

THOMAS, MUSTIO, WARD, EVERETT, PHILLIPS-HILL, B. MILLER,

CORR, KORTZ, QUIGLEY, COOK, MARSHALL, OBERLANDER, IRVIN,

MALONEY, BARRAR, TOOHIL, GROVE, KEEFER, WATSON, DAVIS,

SACCONE, MACKENZIE, ROTHMAN, A. HARRIS, CONKLIN, KAUFER,

FRITZ, HELM, WARNER, KAVULICH, CORBIN, MOUL, ROE, LEWIS,

ENGLISH, TALLMAN AND REESE, SEPTEMBER 26, 2018

REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 26, 2018

AN ACT

Amending Title 65 (Public Officers) of the Pennsylvania

Consolidated Statutes, in ethics standards and financial

disclosure, further providing for definitions, for restricted

activities, for statement of financial interests, for State

Ethics Commission, for powers and duties of commission, for

investigations by commission and for supplemental provisions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definitions of "public employee" and "public

official" in section 1102 of Title 65 of the Pennsylvania

Consolidated Statutes are amended and the section is amended by

adding a definition to read:

§ 1102. Definitions.

The following words and phrases when used in this chapter

shall have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

* * *

"Public employee." Any individual employed by the

Commonwealth [or], a political subdivision or a State-related

institution who is responsible for taking or recommending

official action of a nonministerial nature with regard to:

(1) contracting or procurement;

(2) administering or monitoring grants or subsidies;

(3) planning or zoning;

(4) inspecting, licensing, regulating or auditing any

person; or

(5) any other activity where the official action has an

economic impact of greater than a de minimis nature on the

interests of any person.

The term shall not include individuals who are employed by this

Commonwealth or any political subdivision thereof, or a State-

related institution, in teaching as distinguished from

administrative duties.

"Public official."

(1) Any person elected by the public or elected or

appointed by a governmental body or a State-related

institution or an appointed official in the executive,

legislative or judicial branch of this Commonwealth or any

political subdivision thereof, provided that it shall not

include members of advisory boards that have no authority to

expend public funds other than reimbursement for personal

expense or to otherwise exercise the power of the State or

any political subdivision thereof.

(2) A trustee or a State-related institution.

* * *

"State-related institution." Any of the following:

(1) Temple University.

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(2) The University of Pittsburgh.

(3) The Pennsylvania State University.

(4) Lincoln University.

Section 2. Sections 1103(f) and (g), 1105(b)(7), 1106(d)(4),

1107(13), 1108(k)(7) and 1111 of Title 65 are amended to read:

§ 1103. Restricted activities.

* * *

(f) Contract.--No public official or public employee or his

spouse or child or any business in which the person or his

spouse or child is associated shall enter into any contract

valued at $500 or more with the governmental body or a State-

related institution with which the public official or public

employee is associated or any subcontract valued at $500 or more

with any person who has been awarded a contract with the

governmental body or a State-related institution with which the

public official or public employee is associated unless the

contract has been awarded through an open and public process,

including prior public notice and subsequent public disclosure

of all proposals considered and contracts awarded. In such a

case, the public official or public employee shall not have any

supervisory or overall responsibility for the implementation or

administration of the contract. Any contract or subcontract made

in violation of this subsection shall be voidable by a court of

competent jurisdiction if the suit is commenced within 90 days

of the making of the contract or subcontract.

(g) Former official or employee.--No former public official

or public employee shall represent a person, with promised or

actual compensation, on any matter before the governmental body

or a State-related institution with which he has been associated

for one year after he leaves that body.

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* * *

§ 1105. Statement of financial interests.

* * *

(b) Required information.--The statement shall include the

following information for the prior calendar year with regard to

the person required to file the statement:

* * *

(7) The name and address of the source and the amount of

any payment for or reimbursement of actual expenses for

transportation and lodging or hospitality received in

connection with public office or employment where such actual

expenses for transportation and lodging or hospitality exceed

$650 in an aggregate amount per year. This paragraph shall

not apply to expenses reimbursed by a governmental body or a

State-related institution or to expenses reimbursed by an

organization or association of public officials or employees

of political subdivisions which the public official or

employee serves in an official capacity.

* * *

§ 1106. State Ethics Commission.

* * *

(d) Prohibited activities.--No individual while a member or

employee of the commission shall:

* * *

(4) directly or indirectly attempt to influence any

decision by a governmental body or a State-related

institution other than a court of law or as a representative

of the commission on a matter within the jurisdiction of the

commission; or

* * *

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§ 1107. Powers and duties of commission.

In addition to other powers and duties prescribed by law, the

commission shall:

* * *

(13) Issue findings, reports and orders relating to

investigations initiated pursuant to section 1108 which set

forth the alleged violation, findings of fact and conclusions

of law. An order may include recommendations to law

enforcement officials. Any order resulting from a finding

that a public official or public employee has obtained a

financial gain in violation of this chapter may require the

restitution plus interest of that gain to the appropriate

governmental body or State-related institution. The

commission or the Office of Attorney General shall have

standing to apply to the Commonwealth Court to seek

enforcement of an order requiring such restitution. This

restitution requirement shall be in addition to any other

penalties provided for in this chapter.

* * *

§ 1108. Investigations by commission.

* * *

(k) Confidentiality.--As a general rule, no person shall

disclose or acknowledge to any other person any information

relating to a complaint, preliminary inquiry, investigation,

hearing or petition for reconsideration which is before the

commission. However, a person may disclose or acknowledge to

another person matters held confidential in accordance with this

subsection when the matters pertain to any of the following:

* * *

(7) testifying under oath before a governmental body or

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a State-related institution or a similar body of the United

States of America;

* * *

§ 1111. Supplemental provisions.

Any governmental body or State-related institution may adopt

requirements to supplement this chapter, provided that no such

requirements shall in any way be less restrictive than the

chapter.

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

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