PRINTER'S NO. 631
No. 553 Session of 1991
INTRODUCED BY ULIANA, ALLEN, ARGALL, ARMSTRONG, BARLEY, BILLOW,
BOYES, BROUJOS, BUNT, BUSH, CARONE, CAWLEY, CIVERA, CLYMER,
CORNELL, DEMPSEY, DENT, FAIRCHILD, FARGO, FARMER, FLEAGLE,
FLICK, GANNON, HASAY, HECKLER, HERMAN, KENNEY, KING, LANGTRY,
LEH, MAIALE, MRKONIC, NAHILL, NAILOR, NICKOL, PESCI,
PHILLIPS, SAURMAN, SCHEETZ, SCRIMENTI, SERAFINI,
D. W. SNYDER, TANGRETTI, TIGUE, TRELLO, VROON AND
M. N. WRIGHT, MARCH 12, 1991
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 12, 1991
AN ACT
1 Amending the act of July 10, 1968 (P.L.316, No.154), entitled
2 "An act establishing a code of ethics for the General
3 Assembly, its officers and employes, and providing remedies
4 for its enforcement and penalties," prohibiting certain
5 expenditures; and imposing a penalty.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The act of July 10, 1968 (P.L.316, No.154), known
9 as the Legislative Code of Ethics, is amended by adding a
10 section to read:
11 Section 5.1. Expenditure Prohibitions.--(a) Except as
12 otherwise provided herein, no member who is defeated for
13 renomination at a primary election or who indicates an intent to
14 voluntarily retire from the General Assembly by not filing
15 nomination petitions to enter the primary by the required
16 deadline shall, subsequent to such primary, seek or accept from
1 public funds prepayment of, or reimbursement for,
2 transportation, lodging, hospitality, or any other expense
3 associated with travel outside of the boundaries of this
4 Commonwealth, notwithstanding that such expenditure, but for
5 this prohibition, would be a legitimate legislative expense.
6 (b) A member who is defeated for renomination or who has
7 indicated an intent to voluntarily retire may be reimbursed for
8 expenditures for travel to meetings outside of this
9 Commonwealth, including, but not limited to, conferences,
10 seminars or meetings with Federal, State or local government
11 officials on issues relevant to the member's legislative
12 responsibilities, if prior to such travel the member:
13 (1) requests and receives approval in writing for such
14 travel from the floor leader of his or her respective caucus;
15 (2) justifies in writing as part of such request that the
16 information which may be obtained, discussions which may be
17 entered into, or the subject matter which will be addressed, at
18 such meeting has specific relevance to legislation which will be
19 considered by the body of which the requesting person is a
20 member before sine die adjournment of that body. Such
21 justification shall include a designation of the specific bill
22 or bills relied upon to validate the necessity for this travel;
23 and
24 (3) provides a copy of such request and justification along
25 with the written approval of the floor leader to the Secretary
26 of the Senate or the Chief Clerk of the House of
27 Representatives, whichever is appropriate, who shall make same
28 available in his office for public inspection and copying during
29 the regular working hours of that body.
30 (c) No member who is defeated for reelection at a general
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1 election shall thereafter seek or accept from public funds
2 prepayment of, or reimbursement for, transportation, lodging,
3 hospitality or any other expense associated with travel outside
4 of the boundaries of this Commonwealth, notwithstanding that
5 such expenditure but for this prohibition would be a legitimate
6 legislative expense.
7 (d) Any reimbursement received in violation of this section
8 shall be returned to the appropriate body within sixty days of a
9 demand for same made by the Secretary of the Senate or the Chief
10 Clerk of the House of Representatives, whichever the case may
11 be. Failure to return a reimbursement within this period is a
12 misdemeanor and upon conviction thereof such person shall be
13 sentenced to pay a fine of not more than one thousand dollars
14 ($1,000), plus costs and shall make restitution to the
15 appropriate body. In default of the payment of such fine and
16 costs, such person shall undergo imprisonment for not more than
17 two years.
18 (e) (1) If the court fails to order restitution, the Senate
19 or the House of Representatives, through the Attorney General,
20 shall petition the court pronouncing sentence for an order
21 establishing the amount of restitution due the Senate or the
22 House of Representatives.
23 (2) Notwithstanding any law or provision of law exempting
24 the pension account or benefits of any public official or public
25 employe from garnishment or attachment, whenever the court shall
26 order restitution or establish the amount of restitution due
27 upon petition, all sums then credited to the defendant's account
28 or payable to the defendant, including the contributions, shall
29 be available to satisfy such restitution order.
30 (3) The retirement board, administrator of the pension fund,
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1 or employer of the defendant, upon being served a copy of the
2 court's order, shall pay over all such pension benefits,
3 contributions, or other benefits to the extent necessary to
4 satisfy the order of restitution.
5 Section 2. This act shall be retroactive to January 1, 1992,
6 if enacted thereafter.
7 Section 3. This act shall take effect January 1, 1992.
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