PRINTER'S NO.  136

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

194

Session of

2011

  

  

INTRODUCED BY B. BOYLE, K. BOYLE, CARROLL, HARHAI, HORNAMAN AND MURPHY, JANUARY 24, 2011

  

  

REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 24, 2011  

  

  

  

AN ACT

  

1

Relating to ethics; and further requiring ethics training for

2

members, officers and employees of the General Assembly.

3

The General Assembly of the Commonwealth of Pennsylvania

4

hereby enacts as follows:

5

Section 1.  Short title.

6

This act shall be known and may be cited as the Ethics

7

Education and Training Act.

8

Section 2.  Definitions.

9

The following words and phrases when used in this act shall

10

have the meanings given to them in this section unless the

11

context clearly indicates otherwise:

12

"Commission."  The State Ethics Commission.

13

"Covered employee."  A person employed by the Senate or the

14

House of Representatives for a salary or wage and who, by the

15

nature of his duties of employment, has:

16

(1)  supervisory responsibilities;

17

(2)  discretionary power that could affect the outcome of

18

a legislative action or decision; or

 


1

(3)  duties that involve the development of legislation

2

or policy.

3

"Individual."  A covered employee, a member or an officer of

4

the Senate or the House of Representatives.

5

"Leaders."  The Majority Leader and Minority Leader of the

6

Senate and the Majority Leader and Minority Leader of the House

7

of Representatives.

8

"Member."  An individual holding office as a Senator or

9

Representative in the General Assembly of the Commonwealth.

10

"Officer."  A person appointed as an officer of the Senate or

11

the House of Representatives in accordance with section 9 of

12

Article II of the Constitution of Pennsylvania, including the

13

President and President Pro Tempore of the Senate, the

14

Secretary-Parliamentarian of the Senate, the Chief Clerk of the

15

Senate and his assistants, the Chief Sergeant-at-Arms of the

16

Senate, the comptroller of the Senate, the Speaker of the House

17

of Representatives, the Parliamentarian of the House of

18

Representatives, the Chief Clerk of the House of Representatives

19

and his assistants, the comptroller of the House of

20

Representatives and the Chief Sergeant-at-Arms of the House of

21

Representatives.

22

"Program."  The ethics education and training program

23

established under this act.

24

"Training" or "training program."  The ethics education and

25

training program established under this act.

26

Section 3.  Ethics training.

27

(a)  Ethics training required.--Commencing with the

28

legislative session beginning January 2011, each individual, at

29

least annually, shall complete a program. All newly elected,

30

appointed or employed individuals shall complete a program

- 2 -

 


1

within the first 30 days of taking the oath of office or

2

commencing employment or appointment. A person who fills a

3

vacancy in an elected office or appointed position that requires

4

training shall complete the initial program within 30 days after

5

commencement of his term of office or appointment.

6

(b)  Development of program.--Within 60 days following the

7

effective date of this section, the leaders shall collaborate to

8

develop a program of sufficient scope and duration to provide

9

individuals with instruction and information intended to educate

10

them about the particular ethics laws to which they are subject

11

and the procedures under which such laws are enforced. In

12

developing the program, the leaders may:

13

(1)  Examine similar programs developed by various

14

public, nonprofit and private sector entities currently in

15

the forefront of government ethics issues and training

16

nationwide.

17

(2)  Solicit outside evaluations, studies and

18

recommendations for improvement from academic institutions,

19

nonprofit organizations, private entities, the public sector

20

and other entities or persons with expertise in ethics.

21

(3)  Survey available training resources and methods.

22

(c)  Standards.--The leaders shall:

23

(1)  Determine or cause to be determined standards for

24

training.

25

(2)  Develop or cause to be developed a list of covered

26

employees. The leaders may consult with the commission to

27

determine employee classifications or category of

28

classifications that will be subject to the requirements of

29

this act. The leaders shall provide the commission with

30

adequate information necessary to develop the list.

- 3 -

 


1

(3)  Determine or cause to be determined the hours and

2

frequency of training necessary for each classification or

3

category of classifications of covered employees and the

4

annual deadline for completing training.

5

(d)  Availability of training.--Nothing in this act shall be

6

construed to prevent the leaders from making training available

7

to the following:

8

(1)  Other employees of the Senate or the House of

9

Representatives who, by the nature of their employment, may

10

not be required to participate in training.

11

(2)  Candidates for election to the Senate or House of

12

Representatives.

13

(3)  Newly elected Senators or Representatives prior to

14

the administration of the oath of office.

15

Section 4. Designation of ethics officer.

16

(a)  Ethics officer.--The leader of the Senate and the leader

17

of the House of Representatives shall each designate at least

18

one individual to serve as ethics officer for their respective

19

caucuses.

20

(b)  Duties.--The ethics officer shall do the following:

21

(1)  Develop a curriculum to facilitate the provision of

22

training. The ethics officer may collaborate with the

23

commission or other persons with expertise in ethics in

24

government to develop the curriculum for training. The

25

curriculum shall include instruction in and enforcement of

26

the provisions of:

27

(i)  The act of July 10, 1968 (P.L.316, No.154),

28

known as the Legislative Code of Ethics.

29

(ii)  The act of February 14, 2008 (P.L.6, No.3),

30

known as the Right-to-Know Law.

- 4 -

 


1

(iii)  4 Pa.C.S. Pt. II (relating to gaming).

2

(iv)  65 Pa.C.S. (relating to public officers).

3

(v)  Any regulations or policy statements promulgated

4

pursuant to the statutes described in subparagraphs (i),

5

(ii), (iii) and (iv).

6

(vi)  Any other relevant provisions of law determined

7

to be appropriate to carry out the intent of this act.

8

(2)  Provide all ethics information and instruction

9

relative to ethics to individuals upon request.

10

(3)  Provide for the delivery of training at locations

11

easily accessible to those receiving the training. Training

12

may be delivered through online or video technology when

13

practicable as long as the online or video technology

14

contains adequate safeguards and protections to verify

15

receipt of training and full compliance with the requirements

16

of this act.

17

(4)  Ensure that all individuals are notified of the

18

current name and contact information of each ethics officer

19

and that the current name and contact information for each

20

ethics officer are posted and maintained in a convenient and

21

conspicuous manner. The ethics officers shall ensure that the

22

current names and contact information required under this

23

paragraph are posted on all Internet websites under the

24

control of the Senate or the House of Representatives.

25

(5)  Develop a system for certifying that an individual

26

has completed the training program. Each individual that

27

completes training shall receive certification to acknowledge

28

compliance with the requirements of this act.

29

(6)  Maintain records of compliance with the requirements

30

of this act by each individual required to receive training.

- 5 -

 


1

Section 5.  Noncompliance.

2

(a)  Notice.--If the ethics officer discovers that an

3

individual has failed to complete training, the ethics officer

4

shall send a written notice of noncompliance to the individual

5

informing the individual that training must be completed within

6

15 business days following receipt of the notice of

7

noncompliance. The ethics officer shall send the notice by:

8

(1)  certified mail, return receipt requested; or

9

(2)  if practicable, by electronic mail, read receipt.

10

(b)  Public record.--The name of any individual who fails to

11

complete training by the deadline in the notice of noncompliance

12

shall be a public record under the act of February 14, 2008

13

(P.L.6, No.3), known as the Right-to-Know Law, from the deadline

14

in the notice of noncompliance to the date the individual

15

completes training.

16

Section 20.  Effective date.

17

This act shall take effect in 60 days.

- 6 -