PRINTER'S NO. 2670
No. 1957 Session of 2005
INTRODUCED BY RAMALEY, SOLOBAY, GERGELY, CASORIO, BIANCUCCI, CALTAGIRONE, CRAHALLA, HENNESSEY, JOSEPHS, KOTIK, LaGROTTA, LEACH, PISTELLA, SHANER AND STETLER, SEPTEMBER 21, 2005
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, SEPTEMBER 21, 2005
AN ACT 1 Amending Title 53 (Municipalities Generally) of the Pennsylvania 2 Consolidated Statutes, providing for political activity for 3 firefighters; and making repeals of inconsistent laws. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Title 53 of the Pennsylvania Consolidated 7 Statutes is amended by adding a section to read: 8 § 1392. Political activity for firefighters. 9 (a) General prohibition.--A firefighter who is employed by a 10 municipality shall not: 11 (1) Use his official authority or influence for the 12 purpose of interfering with or affecting the result of an 13 election or a nomination for elective office. 14 (2) Use his official authority or influence to coerce or 15 solicit any person to make a contribution to a political 16 party, political fund or a candidate for elective office. 17 (3) Be a candidate for elective office, except for the 18 following offices:
1 (i) Office of school director. 2 (ii) Office of magisterial district judge. 3 (iii) Judge of the Traffic Court of Philadelphia. 4 (iv) Judge of the Philadelphia Municipal Court. 5 (v) Judge of a court of common pleas. 6 (b) Permitted acts.--A firefighter who is employed by a 7 municipality may participate in any political activity not 8 prohibited by subsection (a) provided that the firefighter is 9 not on duty or in uniform. 10 (c) Definitions.--As used in this section, the following 11 words and phrases shall have the meanings given to them in this 12 subsection: 13 "Contribution." A gift, subscription, loan, advance, deposit 14 of money, allotment of money or anything of value given or 15 transferred by one person to another, including in cash, by 16 check, by draft, through a payroll deduction or allotment plan 17 or by pledge or promise, regardless of whether it is 18 enforceable. 19 "Election." A primary, municipal, special or general 20 election. 21 "Employed." Paid rather than volunteer. 22 "Municipality." A county, city, borough, incorporated town, 23 township or home rule municipality. 24 "Political fund." A fund, organization, political action 25 committee or other entity that, for purposes of influencing in 26 any way the outcome of any partisan election, receives or 27 expends money or anything of value or transfers money or 28 anything of value to any other fund, political party, candidate, 29 organization, political action committee or any other entity. 30 Section 2. (a) The following acts and parts of acts are 20050H1957B2670 - 2 -
1 repealed insofar as they are inconsistent with this act: 2 Section 644 of the act of June 24, 1931 (P.L.1206, No.331), 3 known as The First Class Township Code. 4 Section 1190 of the act of February 1, 1966 (1965 P.L.1656, 5 No.581), known as The Borough Code. 6 (b) All other acts and parts of acts are repealed insofar as 7 they are inconsistent with this act. 8 Section 3. This act shall take effect in 60 days. F8L53DMS/20050H1957B2670 - 3 -