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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BARRAR, CLYMER, CREIGHTON, DENLINGER, GEIST, GINGRICH, GROVE, HARHART, METZGAR, MILLER, MOUL, MURT, OBERLANDER, REICHLEY AND TURZAI, JULY 30, 2009 |
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| REFERRED TO COMMITTEE ON COMMERCE, JULY 30, 2009 |
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| AN ACT |
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1 | Amending the act of December 3, 1959 (P.L.1688, No.621), |
2 | entitled, as amended, "An act to promote the health, safety |
3 | and welfare of the people of the Commonwealth by broadening |
4 | the market for housing for persons and families of low and |
5 | moderate income and alleviating shortages thereof, and by |
6 | assisting in the provision of housing for elderly persons |
7 | through the creation of the Pennsylvania Housing Finance |
8 | Agency as a public corporation and government |
9 | instrumentality; providing for the organization, membership |
10 | and administration of the agency, prescribing its general |
11 | powers and duties and the manner in which its funds are kept |
12 | and audited, empowering the agency to make housing loans to |
13 | qualified mortgagors upon the security of insured and |
14 | uninsured mortgages, defining qualified mortgagors and |
15 | providing for priorities among tenants in certain instances, |
16 | prescribing interest rates and other terms of housing loans, |
17 | permitting the agency to acquire real or personal property, |
18 | permitting the agency to make agreements with financial |
19 | institutions and Federal agencies, providing for the purchase |
20 | by persons of low and moderate income of housing units, and |
21 | approving the sale of housing units, permitting the agency to |
22 | sell housing loans, providing for the promulgation of |
23 | regulations and forms by the agency, prescribing penalties |
24 | for furnishing false information, empowering the agency to |
25 | borrow money upon its own credit by the issuance and sale of |
26 | bonds and notes and by giving security therefor, permitting |
27 | the refunding, redemption and purchase of such obligations by |
28 | the agency, prescribing remedies of holders of such bonds and |
29 | notes, exempting bonds and notes of the agency, the income |
30 | therefrom, and the income and revenues of the agency from |
31 | taxation, except transfer, death and gift taxes; making such |
32 | bonds and notes legal investments for certain purposes; and |
33 | indicating how the act shall become effective," prohibiting |
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1 | certain political activity and illegal activities; and |
2 | providing for reimbursement of funds. |
3 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. The act of December 3, 1959 (P.L.1688, No.621), |
6 | known as the Housing Finance Agency Law, is amended by adding |
7 | sections to read: |
8 | Section 602-A.1. Political Activity Prohibited.--(a) No |
9 | entity that engages in political activity or endorses a |
10 | political candidate or party directly or through its officers or |
11 | directors on behalf of the entity may receive funds from the |
12 | agency. Prior to receiving agency funding, an entity shall |
13 | certify that it will not engage in political activity directly |
14 | or through its officers or directors on behalf of the entity. |
15 | Prohibited forms of political activity shall include the |
16 | following: |
17 | (1) Taking an active role in political management or in a |
18 | political campaign. |
19 | (2) Organizing a political party, organization or political |
20 | club. |
21 | (3) Directly or indirectly soliciting, receiving, |
22 | collecting, handling, disbursing or accounting for assessments, |
23 | contributions or other funds for a partisan political purpose. |
24 | (4) Organizing, selling tickets to, promoting or actively |
25 | participating in a fundraising activity of a candidate in a |
26 | partisan election or of a political party or political club. |
27 | (5) Taking an active part in managing the political campaign |
28 | of a candidate for public office in a partisan election or a |
29 | candidate for political party office. |
30 | (6) Soliciting votes in support of or in opposition to a |
31 | candidate for public office in a partisan election or a |
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1 | candidate for political party office. |
2 | (7) Organizing individuals to act as recorders, watchers, |
3 | challengers or similar officers at the polls on behalf of a |
4 | political party or a candidate or in a partisan election. |
5 | (8) Driving voters to the polls on behalf of a political |
6 | party or a candidate in a partisan election or organizing |
7 | individuals to drive voters to the polls on behalf of a |
8 | political party or a candidate in a partisan election. |
9 | (9) Endorsing or opposing a candidate for public office in a |
10 | partisan election or a candidate for political party office in a |
11 | political advertisement, broadcast, literature or similar |
12 | material. |
13 | (10) Addressing a convention, caucus, rally or similar |
14 | gathering of a political party in support of or in opposition to |
15 | a partisan candidate for political office or political party |
16 | office. |
17 | (11) Initiating or circulating a partisan nominating |
18 | petition. |
19 | (12) Soliciting, paying, collecting or receiving a |
20 | contribution from any employe or volunteer for any political |
21 | party, political fund or other partisan recipient. |
22 | (13) Organizing a voter registration drive on behalf of a |
23 | political party or a candidate in a partisan election. |
24 | (b) This section shall not restrict an employe or volunteer |
25 | of an entity that receives funding from the agency from engaging |
26 | in political activity or endorsing a political candidate as a |
27 | private citizen. |
28 | (c) This section shall not be construed to limit or prohibit |
29 | activities carried out by a duly constituted and properly |
30 | registered political action committee, provided that the |
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1 | recipient of funds from the agency does not use funds, or |
2 | resources paid for by those funds, in the work of the political |
3 | action committee. |
4 | Section 602-A.2. Illegal Activities.--Prior to receiving |
5 | agency funds, an entity shall certify that it will not engage in |
6 | illegal activities or knowingly advise or counsel any person to |
7 | engage in illegal activities. |
8 | Section 602-A.3. Reimbursement of Funds.--Any funds used in |
9 | violation of section 602-A.1 or 602-A.2 are subject to immediate |
10 | recapture and reimbursement by the agency. The agency may at all |
11 | times require such audits as it deems necessary and appropriate |
12 | to ensure compliance with this section. |
13 | Section 2. This act shall take effect in 60 days. |
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