PRIOR PRINTER'S NOS. 82, 211 PRINTER'S NO. 470
No. 75 Session of 1989
INTRODUCED BY BLAUM, DeWEESE, O'DONNELL, BORTNER, KUKOVICH,
McHALE, CALTAGIRONE, ITKIN, HECKLER, MOEHLMANN, COWELL,
HAGARTY, VEON, HAYDEN, JOSEPHS, KOSINSKI, RITTER, PRESSMANN,
ARGALL, BATTISTO, BOWLEY, BUNT, BUSH, CAWLEY, COHEN,
COLAFELLA, COLAIZZO, DeLUCA, DIETTERICK, DORR, FARGO, FOX,
FREEMAN, HALUSKA, HASAY, HERMAN, JAROLIN, LaGROTTA,
LEVDANSKY, LINTON, MILLER, MICHLOVIC, MORRIS, MRKONIC,
MARKOSEK, PETRONE, PISTELLA, RUDY, RYBAK, SERAFINI,
D. W. SNYDER, STABACK, STUBAN, TANGRETTI, E. Z. TAYLOR,
TIGUE, VAN HORNE, WAMBACH, WOGAN, J. L. WRIGHT, CAPPABIANCA,
MELIO, McVERRY, BELARDI, KASUNIC, MAINE AND S. H. SMITH,
JANUARY 24, 1989
AS RE-REPORTED FROM COMMITTEE ON APPROPRIATIONS, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 13, 1989
AN ACT
1 Reenacting and amending the act of October 4, 1978 (P.L.883,
2 No.170), entitled "An act relating to conflicts of interest
3 involving certain public officials serving in State or State
4 agencies and local political subdivision positions and
5 prohibiting certain public employees from engaging in certain
6 conflict of interest activities requiring certain disclosures
7 and providing penalties," adding definitions; further
8 providing for the membership, powers and duties of the State
9 Ethics Commission and for persons who must file statements of
10 financial interests; reestablishing the State Ethics
11 Commission; and making an appropriation.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. The title and sections 1, 2, 3, 4, 5, 6, 7, 8, 9
15 and 10 of the act of October 4, 1978 (P.L.883, No.170), referred
16 to as the Public Official and Employee Ethics Law, are reenacted
17 and amended to read:
1 AN ACT
2 Relating to conflicts of interest involving certain public
3 officials serving in State or State agencies and local
4 political subdivision positions and prohibiting certain
5 public employees from engaging in certain conflict of
6 interest activities requiring certain disclosures and
7 providing penalties.
8 Section 1. Purpose.
9 (a) The Legislature hereby declares that public office is a
10 public trust and that any effort to realize personal financial
11 gain through public office other than compensation provided by
12 law is a violation of that trust. In order to strengthen the
13 faith and confidence of the people of the State in their
14 government, the Legislature further declares that the people
15 have a right to be assured that the financial interests of
16 holders of or nominees or candidates for public office do not
17 [present neither a conflict nor the appearance of a] conflict
18 with the public trust. Because public confidence in government
19 can best be sustained by assuring the people of the impartiality
20 and honesty of public officials, this act shall be liberally
21 construed to promote complete disclosure. FURTHERMORE, IT IS <--
22 RECOGNIZED THAT CLEAR GUIDELINES ARE NEEDED IN ORDER TO GUIDE
23 PUBLIC OFFICIALS AND EMPLOYEES IN THEIR ACTIONS. THUS, THE
24 GENERAL ASSEMBLY BY THIS ACT INTENDS TO DEFINE AS CLEARLY AS
25 POSSIBLE THOSE AREAS WHICH REPRESENT CONFLICT WITH THE PUBLIC
26 TRUST.
27 (B) IT IS RECOGNIZED THAT MANY PUBLIC OFFICIALS, INCLUDING
28 MOST LOCAL OFFICIALS AND MEMBERS OF THE GENERAL ASSEMBLY, ARE
29 CITIZEN-OFFICIALS WHO BRING TO THEIR PUBLIC OFFICE THE KNOWLEDGE
30 AND CONCERNS OF ORDINARY CITIZENS AND TAXPAYERS. THEY SHOULD NOT
19890H0075B0470 - 2 -
1 BE DISCOURAGED FROM MAINTAINING THEIR CONTACTS WITH THEIR
2 COMMUNITY THROUGH THEIR OCCUPATIONS AND PROFESSIONS. THUS, IN
3 ORDER TO FOSTER MAXIMUM COMPLIANCE WITH ITS TERMS, THIS ACT
4 SHALL BE ADMINISTERED IN A MANNER THAT EMPHASIZES GUIDANCE TO
5 PUBLIC OFFICIALS AND PUBLIC EMPLOYEES REGARDING THE ETHICAL
6 STANDARDS ESTABLISHED BY THIS ACT.
7 (b) (C) It is the intent of the General Assembly that this <--
8 act be administered by an independent commission composed of
9 members who are cognizant of the responsibilities AND BURDENS of <--
10 public officials and employees and who have demonstrated an
11 interest in promoting public confidence in government.
12 Section 2. Definitions.
13 The following words and phrases when used in this act shall
14 have, unless the context clearly indicates otherwise, the
15 meanings given to them in this section:
16 "Advice." Any directive of the general counsel of the
17 commission issued under section 7(11) and based exclusively on
18 prior commission opinions, this act, regulations promulgated
19 pursuant to this act, and court opinions which interpret this
20 act.
21 "Authority of office or employment." The actual power
22 provided by law, the exercise of which is necessary to the
23 performance of duties and responsibilities unique to a
24 particular public office or position of public employment.
25 "Business." Any corporation, partnership, sole
26 proprietorship, firm, enterprise, franchise, association,
27 organization, self-employed individual, holding company, joint
28 stock company, receivership, trust or any legal entity organized
29 for profit.
30 "Business with which he is associated." Any business in
19890H0075B0470 - 3 -
1 which the person or a member of the person's immediate family is
2 a director, officer, owner, employee or [holder of stock] has a
3 financial interest.
4 "Candidate." Any individual who seeks nomination or election
5 to public office by vote of the electorate, other than a judge
6 or inspector of elections OR OFFICIAL OF A POLITICAL PARTY, <--
7 whether or not such individual is nominated or elected. An
8 individual shall be deemed to be seeking nomination or election
9 to such office if he has:
10 (1) received a contribution or made an expenditure or
11 given his consent for any other person or committee to
12 receive a contribution or make an expenditure for the purpose
13 of influencing his nomination or election to such office,
14 whether or not the individual has announced the specific
15 office for which he will seek nomination or election at the
16 time the contribution is received or the expenditure is made;
17 or
18 (2) taken the action necessary under the laws of this
19 Commonwealth to qualify himself for nomination or election to
20 such office.
21 The term shall include individuals nominated or elected as
22 write-in candidates UNLESS THEY RESIGN SUCH NOMINATION OR <--
23 ELECTED OFFICE WITHIN 30 DAYS OF HAVING BEEN NOMINATED OR
24 ELECTED.
25 "Commission." The State Ethics Commission.
26 ["Compensation." Anything of economic value, however
27 designated, which is paid, loaned, granted, given, donated or
28 transferred, or to be paid, loaned, granted, given, donated or
29 transferred for or in consideration of personal services to any
30 person, official or to the State.]
19890H0075B0470 - 4 -
1 "Conflict" or "conflict of interest." Use by a public
2 official or public employee of the authority of his office or
3 employment or any confidential information received through his
4 holding public office or employment for the private pecuniary
5 benefit or detriment of himself, a member of his immediate <--
6 family or a business with which he or a member of his immediate
7 family is associated. "Conflict" or "conflict of interest" does
8 not include an action having a de minimis economic impact or
9 which affects to the same degree a class consisting of the
10 general public or a subclass consisting of an industry,
11 occupation or other group which includes the public official or
12 public employee, a member of his immediate family or a business
13 with which he or a member of his immediate family is associated.
14 "Contract." An agreement or arrangement for the acquisition,
15 use or disposal by a State or political subdivision of
16 consulting or other services or of supplies, materials,
17 equipment, land or other personal or real property. "Contract"
18 shall not mean an agreement or arrangement between the State or
19 political subdivision as one party and a public official or
20 public employee as the other party, concerning his expense,
21 reimbursement, salary, wage, retirement or other benefit, tenure
22 or other matters in consideration of his current public
23 employment with a State or political subdivision.
24 "De minimis economic impact." An economic consequence which
25 has an insignificant effect upon the public interest. <--
26 "Executive-level State employee." The Governor, Lieutenant
27 Governor, cabinet members, deputy secretaries, the Governor's
28 office staff, any State employee with discretionary powers which
29 may affect the outcome of a State agency's decision in relation
30 to a private corporation or business or any employee who by
19890H0075B0470 - 5 -
1 virtue of his job function could influence the outcome of such a
2 decision.
3 "Financial interest." Any financial interest in a legal
4 entity engaged in business for profit which comprises more than
5 5% of the equity of the business or more than 5% of the assets
6 of the economic interest in indebtedness.
7 "Findings report." An initial report containing findings of
8 fact as determined by the commission's investigation but not
9 containing any conclusions of law or any determination of
10 whether there has been a violation of law.
11 "Frivolous complaint." A complaint filed in a grossly
12 negligent manner without basis in law or fact.
13 "Gift." [A payment, subscription, advance, forbearance,
14 rendering or deposit of money, services or anything of value,
15 unless consideration of equal or greater value is received]
16 Anything which is received without the exchange of consideration
17 of equal value. "Gift" shall not include a political
18 contribution otherwise reported as required by law[,] or a
19 commercially reasonable loan made in the ordinary course of
20 business[, or a gift received from a member of the person's
21 immediate family or from a relative within the third degree of
22 consanguinity of the person or of the person's spouse or from
23 the spouse of any such relative].
24 "Governmental body." Any department, authority, commission,
25 committee, council, board, bureau, division, service, office,
26 officer, administration, legislative body, or other
27 establishment in the Executive, Legislative or Judicial Branch
28 of the State or a political subdivision thereof.
29 "Governmental body with which a public official or public
30 employee is or has been associated." The entity within State
19890H0075B0470 - 6 -
1 government or a political subdivision by which the public
2 official or employee is or has been employed or to which the
3 public official or employee is or has been appointed or
4 elected., and not only the particular subdivision or office <--
5 within that entity to which the official or employee is or has
6 been assigned.
7 "Honorarium." Payment made in recognition of published
8 works, appearances, speeches and presentations and which is not
9 intended as consideration for the value of such services.
10 "Immediate family." [A spouse residing in the person's <--
11 household and minor dependent children.] A parent, spouse, <--
12 child, brother, sister or like relative-in-law.
13 "Income." Any money or thing of value received, or to be
14 received as a claim on future services or in recognition of
15 services rendered in the past, whether in the form of a payment,
16 fee, salary, expense, allowance, forbearance, forgiveness,
17 interest, dividend, royalty, rent, capital gain, reward,
18 severance payment, proceeds from the sale of a financial
19 interest in a corporation, professional corporation, partnership
20 or other entity resulting from termination or withdrawal
21 therefrom upon assumption of public office or employment or any
22 other form of recompense or any combination thereof. "Income"
23 refers to gross income and includes prize winnings and tax-
24 exempt income. The term does not include honoraria, gifts,
25 retirement, pension or annuity payments funded totally by
26 contributions of the public official or employee, or
27 miscellaneous, incidental income of minor dependent children.
28 "Indirect interest in real estate." Any business entity the
29 assets of which are 80% or more in real property.
30 "Ministerial action." An action that a person performs in a
19890H0075B0470 - 7 -
1 prescribed manner in obedience to the mandate of legal
2 authority, without regard to, or the exercise of, the person's
3 own judgment as to the desirability of the action being taken.
4 "Nominee." Any person whose name has been submitted to a
5 public official or governmental body vested with the power to
6 finally confirm or reject proposed appointments to public office
7 or employment.
8 "Nonministerial actions." An action in which the person
9 exercises his own judgment as to the desirability of the action
10 taken.
11 "Opinion." A directive of the commission issued pursuant to
12 section 7(10) setting forth a public official's or public
13 employee's duties under this act.
14 "Order." A directive of the commission issued pursuant to
15 section 7(13) at the conclusion of an investigation which
16 contains findings of fact, conclusions of law and penalties.
17 "Person." A business, governmental body, individual,
18 corporation, union, association, firm, partnership, committee,
19 club or other organization or group of persons.
20 "Political contribution." Any advance, conveyance, deposit,
21 distribution, transfer of funds, loan, payment, pledge, purchase
22 of a ticket to a testimonial or similar fund-raising affair, or
23 subscription of money or anything of value, except volunteer
24 services, in connection with a political campaign, and any
25 contract, agreement, promise, or other obligations, whether or
26 not legally enforceable, to make a political contribution.
27 "Political subdivision." Any county, city, borough,
28 incorporated town, township, school district, vocational school,
29 county institution district, and any authority, entity or body
30 organized by the aforementioned.
19890H0075B0470 - 8 -
1 "Public employee." Any individual employed by the
2 Commonwealth or a political subdivision who is responsible for
3 taking or recommending official action of a nonministerial
4 nature with regard to:
5 (1) contracting or procurement;
6 (2) administering or monitoring grants or subsidies;
7 (3) planning or zoning;
8 (4) inspecting, licensing, regulating or auditing any
9 person; or
10 (5) any other activity where the official action has an
11 economic impact of greater than a de minimis nature on the
12 interests of any person.
13 "Public employee" shall not include individuals who are employed
14 by the State or any political subdivision thereof in teaching as
15 distinguished from administrative duties.
16 "Public official." Any [elected] PERSON ELECTED BY THE <--
17 PUBLIC or appointed official in the Executive, Legislative or
18 Judicial Branch of the State or any political subdivision
19 thereof, provided that it shall not include members of advisory
20 boards that have no authority to expend public funds other than
21 reimbursement for personal expense, or to otherwise exercise the
22 power of the State or any political subdivision thereof.
23 ["Public official" shall not include any appointed official who
24 receives no compensation other than reimbursement for actual
25 expenses.]
26 "Represent." To act on behalf of any other person in any
27 activity which includes, but is not limited to, the following:
28 personal appearances, negotiations, lobbying and submitting bid
29 or contract proposals which are signed by or contain the name of
30 a former public official or public employee.
19890H0075B0470 - 9 -
1 "State consultant." A person who, as an independent
2 contractor, performs professional, scientific, technical or
3 advisory service for a State agency, and who receives a fee,
4 honorarium or similar compensation for such services. A "State
5 consultant" is not an executive-level employee.
6 Section 3. Restricted activities.
7 (a) [No public official or public employee shall use his
8 public office or any confidential information received through
9 his holding public office to obtain financial gain other than
10 compensation provided by law for himself, a member of his
11 immediate family, or a business with which he is associated] No
12 public official or public employee shall engage in conduct that
13 constitutes a conflict of interest.
14 (b) No person shall offer or give to a public official, [or]
15 public employee or nominee or candidate for public office or a
16 member of his immediate family or a business with which he is
17 associated, BASED ON THE OFFEROR'S OR DONOR'S UNDERSTANDING THAT <--
18 THE VOTE, OFFICIAL ACTION OR JUDGMENT OF THE PUBLIC OFFICIAL OR
19 PUBLIC EMPLOYEE OR NOMINEE OR CANDIDATE FOR PUBLIC OFFICE WOULD
20 BE INFLUENCED THEREBY, and no public official, [or] public
21 employee or nominee or candidate for public office shall solicit
22 or accept, anything of monetary value, including a gift, loan,
23 political contribution, reward, or promise of future employment
24 based on [any] his understanding ANY UNDERSTANDING OF THAT <--
25 PUBLIC OFFICIAL, PUBLIC EMPLOYEE OR NOMINEE that the vote,
26 official action, or judgment of the public official or public
27 employee or nominee or candidate for public office would be
28 influenced thereby.
29 (c) (1) No public official or public employee shall accept
30 an honorarium.
19890H0075B0470 - 10 -
1 (2) This subsection shall not be applied retroactively.
2 (d) (1) No person shall solicit or accept a severance
3 payment or anything of monetary value contingent upon the
4 assumption or acceptance of public office or employment.
5 (2) This subsection shall not prohibit:
6 (i) Payments received pursuant to an employment
7 agreement in existence prior to the time a person becomes
8 a candidate or RECEIVES NOTICE THAT HE is under <--
9 consideration for public office or makes application for
10 public employment.
11 (ii) Receipt of a salary, fees, severance payment or
12 proceeds resulting from the sale of a person's interest
13 in a corporation, professional corporation, partnership
14 or other entity resulting from termination or withdrawal
15 therefrom upon the assumption or acceptance of public
16 office or employment.
17 (3) Payments made or received pursuant to paragraph
18 (2)(i) and (ii) shall not be based on the understanding <--
19 AGREEMENT, written or otherwise, that the vote or official <--
20 action of the prospective public official or employee would
21 be influenced thereby.
22 (4) This subsection shall not be applied retroactively.
23 [(c)] (e) No public official or public employee or [a member
24 of his immediate family or any business in which the person or a
25 member of the person's immediate family is a director, officer,
26 owner or holder of stock exceeding 5% of the equity at fair
27 market value of the business] his spouse or child or any
28 business in which the person or his spouse or child is
29 associated shall enter into any contract valued at $500 or more
30 [with a governmental body unless the contract has been awarded
19890H0075B0470 - 11 -
1 through an open and public process, including prior public
2 notice and subsequent public disclosure of all proposals
3 considered and contracts awarded] with the governmental body
4 with which the public official or public employee is associated
5 or any subcontract valued at $500 or more with any person who
6 has been awarded a contract with the governmental body with
7 which the public official or public employee is associated,
8 unless the contract has been awarded through an open and public
9 process, including prior public notice and subsequent public
10 disclosure of all proposals considered and contracts awarded.
11 Any contract or subcontract made in violation of this subsection
12 shall be voidable by a court of competent jurisdiction if the
13 suit is commenced within 90 days of the making of the contract
14 or subcontract.
15 [(d) Other areas of possible conflict shall be addressed by
16 the commission pursuant to paragraph (9) of section 7.]
17 [(e)] (f) No former public official or public employee shall
18 represent a person, with or without compensation, on any matter
19 before the governmental body with which he has been associated
20 for one year after he leaves that body.
21 [(f)] (g) No person shall use for any commercial purpose
22 information copied from statements of financial interests
23 required by this act or from lists compiled from such
24 statements.
25 [(g)] (h) No former executive-level State employee may for a
26 period of two years from the time that he terminates his State
27 employment be employed by, receive compensation from, assist or
28 act in a representative capacity for a business or corporation
29 that he actively participates in recruiting to the Commonwealth
30 of Pennsylvania or that he actively participated in inducing to
19890H0075B0470 - 12 -
1 open a new plant, facility or branch in the Commonwealth or that
2 he actively participated in inducing to expand an existent plant
3 or facility within the Commonwealth, provided that the above
4 prohibition shall be invoked only when the recruitment or
5 inducement is accomplished by a grant or loan of money or a
6 promise of a grant or loan of money from the Commonwealth to the
7 business or corporation recruited or induced to expand.
8 [(h) (1) Any individual who holds an appointive office in
9 any political subdivision shall not have an interest in any
10 contract or construction in which that political subdivision
11 shall enter or have an interest.
12 (2) Any person violating the provisions of this
13 subsection shall be barred for a period of five years from
14 engaging in any business or contract with any political
15 subdivision or the Commonwealth or any of its agencies.
16 (3) For purposes of this subsection the term "interest"
17 shall not include the ownership of shares of stock in any
18 corporation in an amount of 5% or less of the total issue for
19 said corporation.]
20 (i) Where voting conflicts are not otherwise addressed by
21 THE CONSTITUTION OF PENNSYLVANIA OR BY ANY law, rule, <--
22 regulation, order or ordinance, the following procedure shall be
23 employed. Any public official or public employee, who in the
24 discharge of his official duties, would be required to vote on a
25 matter that would result in a conflict of interest shall abstain
26 from voting and, prior to the vote being taken, publicly
27 announce and disclose the nature of his interest as a public
28 record in a written memorandum filed with the person responsible
29 for recording the minutes of the meeting at which the vote is
30 taken, provided that whenever a governing body would be unable
19890H0075B0470 - 13 -
1 to take any action on a matter before it because a majority of
2 members of the body are required to abstain from voting under
3 the provisions of this subsection, then such members shall be
4 permitted to vote if disclosures are made as otherwise provided
5 herein.
6 Section 4. Statement of financial interests required to be
7 filed.
8 (a) Each public official of the Commonwealth shall file a
9 statement of financial interests for the preceding calendar year
10 with the commission no later than May 1 of each year that he
11 holds such a position and of the year after he leaves such a
12 position. Each public employee [employed by] and public official
13 of the Commonwealth shall file a statement of financial
14 interests for the preceding calendar year with the department,
15 agency, body or bureau in which he is employed or to which he is
16 appointed or elected no later than May 1 of each year that he
17 holds such a position and of the year after he leaves such a
18 position. Any other public employee or public official shall
19 file a statement of financial interests with the governing
20 authority of the political subdivision by which he is employed
21 or within which he is appointed or elected no later than May 1
22 of each year that he holds such a position and of the year after
23 he leaves such a position.
24 [(b) Each candidate for public office shall file a statement
25 of financial interests for the preceding calendar year with the
26 commission prior to filing a petition to appear on the ballot
27 for election as a public official. A petition to appear on the
28 ballot shall not be accepted by an election official unless the
29 petition includes an affidavit that the candidate has filed the
30 required statement of financial interests with the commission.]
19890H0075B0470 - 14 -
1 (b) (1) Any candidate for a State-level public office shall
2 file a statement of financial interests for the preceding
3 calendar year with the commission on or before the last day
4 for filing a petition to appear on the ballot for election. A
5 copy of the statement of financial interests shall also be
6 appended to such petition.
7 (2) Any candidate for county-level or local office shall
8 file a statement of financial interests for the preceding
9 calendar year with the governing authority of the political
10 subdivision in which he is a candidate on or before the last
11 day for filing a petition to appear on the ballot for
12 election. A copy of the statement of financial interests
13 shall also be appended to such petition.
14 (3) No petition to appear on the ballot for election
15 shall be accepted by the respective State or local election
16 officials unless the petition has appended thereto a
17 statement of financial interests as set forth in paragraphs
18 (1) and (2). Failure to file the statement in accordance with
19 the provisions of this act shall, in addition to any other
20 penalties provided, be a fatal defect to a petition to appear
21 on the ballot.
22 (c) Each [candidate] nominee for public office [nominated by
23 a public official or governmental body and subject to
24 confirmation by a public official or governmental body] shall
25 file a statement of financial interests for the preceding
26 calendar year with the commission and with the official or body
27 that is vested with the power of confirmation at least ten days
28 before the official or body shall approve or reject the
29 nomination.
30 (d) No public official shall be allowed to take the oath of
19890H0075B0470 - 15 -
1 office or enter or continue upon his duties, nor shall he
2 receive compensation from public funds, unless he has filed a
3 statement of financial interests [with the commission] as
4 required by this act.
5 (e) [(1) Any candidate for State or county-wide public
6 office shall file a statement of financial interests with the
7 commission pursuant to this act and shall file a copy of that
8 statement with the Board of Elections in the county in which
9 the candidate resides.
10 (2) Any candidate for local office shall file a
11 statement of financial interests with the commission pursuant
12 to this act and shall file a copy of that statement with the
13 governing authority of the political subdivision in which he
14 is a candidate.
15 (f)] All statements of financial interest filed pursuant to
16 the provisions of this act shall be made available for public
17 inspection and copying during regular office hours, and copying
18 facilities shall be made available at a charge not to exceed
19 actual cost.
20 Section 5. Statement of financial interests.
21 (a) The statement of financial interests filed pursuant to
22 this act shall be on a form prescribed by the commission. All
23 information requested on the statement shall be provided to the
24 best of the knowledge, information and belief of the person
25 required to file and shall be signed under [penalty of perjury
26 by the person required to file the statement] oath or equivalent
27 affirmation.
28 (b) The statement shall include the following information
29 for the prior calendar year with regard to the person required
30 to file the statement [and the members of his immediate family].
19890H0075B0470 - 16 -
1 (1) [The name] Name, address and public position [of the
2 person required to file the statement].
3 (2) [The occupations or professions of the person
4 required to file the statement and those of his immediate
5 family] Occupation or profession.
6 (3) Any direct or indirect interest in any real estate
7 which was sold or leased to the Commonwealth, any of its
8 agencies or political subdivisions; purchased or leased from
9 the Commonwealth, any of its agencies or political
10 subdivisions; or which was the subject of any condemnation
11 proceedings by the Commonwealth, any of its agencies or
12 political subdivisions.
13 (4) The name and address of each creditor to whom is
14 owed in excess of $5,000 and the interest rate thereon.
15 However, loans or credit extended between members of the
16 immediate family and mortgages securing real property which
17 is the principal OR SECONDARY residence of the person filing <--
18 [or of his spouse] shall not be included.
19 (5) The name and address of any [person who is the]
20 direct or indirect source of income totalling in the
21 aggregate [$500] $1,000 or more. However, this provision
22 shall not be construed to require the divulgence of
23 confidential information protected by statute or existing
24 professional codes of ethics or common law privileges.
25 [(6) The name and address of any person from whom a gift
26 or gifts valued in the aggregate at $200 or more were
27 received, and the value and the circumstances of each gift.
28 However, this provision shall not be applicable to gifts
29 received from the individual's spouse, parents, parents by
30 marriage, siblings, children or grandchildren.
19890H0075B0470 - 17 -
1 (7) The source of any honorarium received which is in
2 excess of $100.]
3 (6) The name and address of the source and the amount of
4 any gift or gifts valued in the aggregate at $200 or more
5 and the circumstances of each gift. This paragraph shall
6 not apply to a gift or gifts received from a spouse,
7 parent, parent by marriage, sibling, child, grandchild,
8 other family member or friend when the circumstances make
9 it clear that the motivation for the action was a
10 personal or family relationship. This paragraph shall not
11 be applied retroactively.
12 (7) (i) The name and address of the source and the
13 amount of any payment for or reimbursement of actual
14 expenses for transportation and lodging or hospitality
15 received in connection with public office or employment
16 where such actual expenses for transportation and <--
17 lodging, LODGING OR HOSPITALITY exceed $200 in the course <--
18 of a single occurrence. and where the value received for <--
19 such hospitality exceeds $50 in the course of a single
20 occurrence. This paragraph shall not apply to expenses
21 reimbursed by the governmental body with which the public
22 official or employee is associated.
23 (ii) A person who pays for transportation, lodging <--
24 or hospitality required to be reported pursuant to
25 subparagraph (i) shall, quarterly, inform the recipient
26 of the value and aggregate value and circumstances of
27 such payments.
28 (iii) (II) This paragraph shall not be applied <--
29 retroactively.
30 (8) Any office, directorship or employment of any nature
19890H0075B0470 - 18 -
1 whatsoever in any business entity.
2 (9) Any financial interest in any legal entity engaged
3 in business for profit.
4 (10) The identity of any financial interest in a
5 business with which the reporting person is or has been
6 associated in the preceding calendar year which has been
7 transferred to a member of the reporting person's immediate
8 family.
9 (c) [The] Except where an amount is required to be reported
10 pursuant to paragraphs (6) and (7), the statement of financial
11 [interest] interests need not include specific amounts for [any
12 of] the items required to be listed.
13 Section 6. State Ethics Commission.
14 (a) There is established a State Ethics Commission composed
15 of seven members[,]. The President pro tempore of the Senate,
16 the Minority Leader of the Senate, the Speaker of the House, and
17 the Minority Leader of the House shall each appoint one member.
18 Three members shall be appointed by the Governor without
19 confirmation. No more than two of the members appointed by the
20 Governor shall be of the same political party. No appointee
21 shall have served as an officer in a political party for one
22 year prior to his appointment.
23 (b) Members of the commission shall serve for terms of five
24 years[, except that, of the members first appointed:
25 (1) the two members appointed by the President pro
26 tempore and Minority Leader of the Senate shall serve for
27 four years;
28 (2) the two members appointed by the Speaker and the
29 Minority Leader of the House shall serve for two years; and
30 (3) of the three members appointed by the Governor two
19890H0075B0470 - 19 -
1 shall serve for three years, and one shall serve for five
2 years].
3 (c) No member shall be appointed to more than one full five-
4 year term on the commission.
5 (d) No individual, while a member or employee of the
6 commission, shall:
7 (1) hold or campaign for any other public office;
8 (2) hold office in any political party or political
9 committee;
10 (3) actively participate in or contribute to any
11 political campaign;
12 (4) directly or indirectly attempt to influence any
13 decision by a governmental body, other than a court of law or
14 as a representative of the commission on a matter within the
15 jurisdiction of the commission; or
16 (5) be employed by the Commonwealth or a political
17 subdivision in any other capacity, whether or not for
18 compensation.
19 (e) A majority of the commission by resolution shall declare
20 vacant the position on the commission of any member who takes
21 part in activities prohibited by subsection (d). An individual
22 appointed to fill a vacancy occurring other than by the
23 expiration of a term of office shall be appointed for the
24 unexpired term of the member he succeeds, and is eligible for
25 appointment to one full five-year term thereafter. Any vacancy
26 occurring on the commission shall be filled within 30 days in
27 the manner in which that position was originally filled.
28 (f) The commission shall elect a chairman and a vice
29 chairman. The vice chairman shall act as chairman in the absence
30 of the chairman or in the event of a vacancy in that position.
19890H0075B0470 - 20 -
1 (g) Four members of the commission shall constitute a quorum
2 and the votes of a majority of the members present is required
3 for any action or recommendation of the commission. The chairman
4 or any four members of the commission may call a meeting
5 provided that advance written notice is mailed to each member
6 and to any person who requests notice of such meetings.
7 (h) Members of the commission shall be compensated at a rate
8 of [$50] $75 $125 per day and shall receive reimbursement for <--
9 their actual and necessary expenses while performing the
10 business of the commission.
11 (i) The commission shall employ an executive director, a
12 [general] chief counsel, and such other staff as are necessary
13 to carry out its duties pursuant to this act. The executive
14 director shall be responsible for the administrative operations
15 of the commission and shall perform such other duties as may be
16 delegated or assigned to him by the commission, except that the
17 commission shall not delegate the making of regulations to the
18 executive director. The [general] chief counsel shall be the
19 chief legal officer of the commission. The commission may obtain
20 the services of experts and consultants as necessary to carry
21 out its duties pursuant to this act. The State Treasurer and the
22 Attorney General shall make available to the commission such
23 personnel, facilities, and other assistance as the commission
24 may request.
25 Section 7. [Duties] Powers and duties of the commission.
26 In addition to other powers and duties prescribed by law, the
27 commission shall:
28 (1) Prescribe and publish rules and regulations to carry
29 out the provisions of this act.
30 (2) Prescribe forms for statements and reports required
19890H0075B0470 - 21 -
1 to be filed by this act and furnish such forms to persons
2 required to file such statements and reports.
3 (3) Prepare and publish guidelines setting forth
4 recommended uniform methods of accounting and reporting for
5 use by persons required to file statements and reports by
6 this act.
7 (4) Accept and file any information voluntarily supplied
8 that exceeds the requirements of this act.
9 (5) Inspect statements of financial interests which have
10 been filed in order to ascertain whether any reporting person
11 has failed to file such a statement or has filed a deficient
12 statement. If, upon inspection, it is determined that a
13 reporting person has failed to file a statement of financial
14 interests or that any statement which has been filed fails to
15 conform with the requirements of section 5, then the
16 commission shall, in writing, notify the person. Such notice
17 shall state in detail the deficiency and the penalties for
18 failure to file or for filing a deficient statement of
19 financial interests.
20 [(5) Make] (6) Provide that statements and reports
21 filed with the commission be made available for public
22 inspection and copying during regular office hours and [make]
23 provide that copying facilities be made available at a charge
24 not to exceed actual cost and advise other State and local
25 agencies of the provisions of this paragraph.
26 [(6)] (7) Compile and maintain an index of all reports
27 and statements filed with the commission to facilitate public
28 access to such reports and statements and instruct other
29 State and local agencies which receive and file financial
30 interest statements in the maintenance of systems which
19890H0075B0470 - 22 -
1 facilitate public access to such statements.
2 [(7)] (8) Prepare and publish annual summaries of
3 statements and reports filed with the commission.
4 [(8)] (9) Preserve statements and reports filed with the
5 commission for a period of five years from date of receipt
6 and advise other State and local agencies which receive and
7 store financial interests statements to preserve such
8 statements for a period of five years from date of receipt.
9 [(9) (i)] (10) Issue to any person, upon such person's
10 request, an opinion with respect to such person's duties
11 under this act. The commission shall, within 14 days, either
12 issue the opinion or advise the person who made the request
13 whether an opinion will be issued. No person who acts in good
14 faith on an opinion issued to him by the commission shall be
15 subject to criminal or civil penalties for so acting,
16 provided that the material facts are as stated in the opinion
17 request. The commission's opinions shall be public records
18 and may from time to time be published. THE PERSON REQUESTING <--
19 THE OPINION MAY, HOWEVER, REQUIRE THAT THE OPINION SHALL
20 CONTAIN SUCH DELETIONS AND CHANGES AS SHALL BE NECESSARY TO
21 PROTECT THE IDENTITY OF THE PERSONS INVOLVED.
22 [(ii)] (11) Provide written advice to any person or
23 the appointing authority or employer of said official, upon
24 their request with respect to such person's duties under this
25 act. Such advice shall be provided within 21 working days of
26 the request, provided that the time may be extended for good
27 cause. It shall be a complete defense in any enforcement
28 proceeding initiated by the commission, and evidence of good
29 faith conduct in any other civil or criminal proceeding, if
30 the requester, at least 21 working days prior to the alleged
19890H0075B0470 - 23 -
1 violation, requested written advice from the commission in
2 good faith, disclosed truthfully all the material facts and
3 committed the acts complained of either in reliance on the
4 advice or because of the failure of the commission to provide
5 advice within 21 days of the request [of] or such later
6 extended time.
7 [(iii)] (12) Initiate an inquiry, pursuant to
8 section 8(a), where [an opinion] a complaint has not been
9 [requested] filed but where there [is a reasonable belief] <--
10 may be reason to believe that a conflict [may exist] exists. <--
11 [Such inquiry shall be conducted in privacy with full respect
12 to the confidentiality of all the parties involved in the
13 alleged conflict. If the commission finds that there is a
14 conflict, the information shall be provided for criminal
15 proceedings unless the alleged offender removes himself from
16 the conflict with receiving financial gain.
17 (iv) Issue advisory opinions to any present or
18 former State employee who contemplates terminating his
19 State employment and/or becoming employed by, contracting
20 with, assisting or acting in a representative capacity
21 for a business or corporation, upon such employee's
22 request. That opinion shall state whether, upon the facts
23 presented, such employment, contract, assistance or
24 representation would be in violation of section 3(g). If
25 the advisory opinion states that such employment,
26 contract, assistance or representation would not be in
27 violation of the provisions of section 3(g), the person
28 who requested the opinion may not be prosecuted or
29 penalized, either criminally or civilly, under the
30 provisions of this act provided that the actions under
19890H0075B0470 - 24 -
1 question bear a substantial similarity to the facts
2 presented to the commission.]
3 (13) Issue findings reports and orders relating to
4 investigations initiated pursuant to section 8, which set
5 forth the alleged violation, findings of fact and conclusions
6 of law. An order may include recommendations to law
7 enforcement officials. Any order resulting from a finding
8 that a public official or public employee has obtained a
9 financial gain in violation of this act may require the
10 restitution plus interest of that gain to the appropriate
11 governmental body. The commission or the Office of Attorney
12 General shall have standing to apply to the Commonwealth
13 Court to seek enforcement of an order requiring such
14 restitution. This restitution requirement shall be in
15 addition to any other penalties provided for in this act.
16 [(10)] (14) Hold hearings, take testimony, issue
17 subpoenas and compel the attendance of witnesses.
18 [(11)] (15) Make recommendations to law enforcement
19 officials either for criminal prosecution or dismissal of
20 charges arising out of violations of this act.
21 [(12)] (16) Prepare and publish special reports,
22 educational materials, and technical studies to further the
23 purposes of this act.
24 [(13)] (17) Prepare and publish, prior to June 1 of each
25 year, an annual report summarizing the activities of the
26 commission.
27 (18) Transmit, free of charge, copies of each order,
28 advice and opinion which has become a matter of public record
29 to the appointing authorities specified in section 6(a).
30 Section 8. Investigations by the commission.
19890H0075B0470 - 25 -
1 (a) Upon a complaint signed under penalty of perjury by any
2 person or upon its own motion, the commission [shall
3 investigate], through its executive director, shall conduct a
4 preliminary inquiry into any alleged violation of this act. [All
5 commission proceedings and records relating to an investigation
6 shall be confidential until a final determination is made by the
7 commission. The executive director shall notify any person under
8 investigation by the commission of the investigation and of the
9 nature of the alleged violation within five days of the
10 commencement of the investigation. Within 15 days of the filing
11 of a sworn complaint by a person alleging a violation, and every
12 30 days thereafter until the matter is terminated, the executive
13 director shall notify the complainant of the action taken to
14 date by the commission together with the reasons for such action
15 or nonaction.] The commission shall keep information, records
16 and proceedings relating to a preliminary inquiry confidential.
17 The commission shall, however, have the authority to refer the
18 case to law enforcement officials during a preliminary inquiry
19 or anytime thereafter without providing notice to the subject of
20 the inquiry. The commission shall complete its preliminary
21 inquiry within 60 days of its initiation.
22 (b) If a preliminary [investigation] inquiry fails to
23 [indicate probable cause for belief] establish reason to believe
24 that this act has been violated, the commission shall terminate
25 the [investigation] inquiry and so notify the complainant and
26 the person who had been [under investigation.] the subject of
27 the inquiry. If the commission determines that a complaint is
28 frivolous, it shall so state.
29 (c) If a preliminary inquiry establishes reason to believe
30 that this act has been violated, the commission may, through its
19890H0075B0470 - 26 -
1 executive director, initiate an investigation to determine if
2 there has been a violation. The commission shall keep
3 information, records and proceedings relating to an
4 investigation confidential until a final determination is made,
5 except as otherwise provided in subsection (f). No investigation
6 may be commenced until the person who is the subject of the
7 investigation has been notified and provided a general statement
8 of the alleged violation or violations of the act and other
9 applicable statutes with respect to such investigation. Service
10 of notice is complete upon mailing which shall be by certified
11 or registered mail. The commission shall notify the complainant
12 within 72 hours of the commencement of an investigation and,
13 thereafter, the commission shall advise the complainant and the
14 person who is the subject of the investigation of the status of
15 the investigation at least every 90 days until the investigation
16 is terminated. The commission shall, within 180 days of the
17 initiation of an investigation, either terminate the
18 investigation pursuant to subsection (d) or issue a findings
19 report pursuant to subsection (e). Upon a showing by the
20 executive director of the need for extension of this period, the
21 commission may extend an investigation for up to two 90-day
22 periods, provided that each 90-day extension shall be approved
23 by a majority vote of members present. In no event shall a
24 findings report be issued later than 360 days after initiation
25 of an investigation.
26 (d) If an investigation conducted under this act indicates
27 that no violation has been committed, the commission shall
28 immediately terminate the investigation and send written notice
29 of such determination to the complainant and the person who was
30 the subject of the investigation.
19890H0075B0470 - 27 -
1 (e) The commission, upon the completion of an investigation,
2 shall issue a findings report to the subject of the
3 investigation setting forth the pertinent findings of fact. The
4 subject shall have the right to respond to said findings and to
5 request an evidentiary hearing on said matter. Any response to
6 the findings report must either admit or deny by corresponding
7 number and letter the pertinent facts set forth. The subject of
8 the investigation shall have access to any evidence intended to
9 be used by the commission at the hearing. Matters not
10 specifically denied in the response shall be deemed admitted.
11 The response must be filed within 30 days of the issuance of the
12 findings report unless the time period is extended by the
13 commission for good cause shown. Hearings conducted upon request
14 shall be instituted within 45 days after the filing of the
15 response.
16 (f) Within 30 days of the receipt by the commission of the
17 hearing record, or if no hearing is to be held, within 30 days
18 of the receipt by the commission of the response to the findings
19 report, the commission shall issue an order which shall be
20 final. Upon receipt of a final order, the subject shall have the
21 right to file a petition for reconsideration in accordance with
22 the regulations of the commission.
23 (g) Hearings conducted pursuant to this section shall be
24 closed to the public unless the subject requests an open
25 hearing. Any person who appears before the commission shall have
26 all of the due process rights, privileges and responsibilities
27 of a party or witness appearing before an administrative agency
28 of this Commonwealth. All witnesses summoned for such hearings
29 shall receive reimbursement for reasonable expenses in
30 accordance with 42 Pa.C.S. § 5903 (relating to compensation and
19890H0075B0470 - 28 -
1 expenses of witnesses). At the conclusion of a hearing
2 concerning an alleged violation and in a timely manner, the
3 commission shall deliberate on the evidence and determine, by
4 majority vote of the members present, whether there has been a
5 violation of this act. The determination of the commission, in
6 the form of a final order and findings of fact, shall be a
7 matter of public record.
8 (h) Orders which become final in accordance with the
9 provisions of this section shall be available as public
10 documents, but the files and records of the commission relating
11 to the case shall remain confidential.
12 (i) No action may be taken by the commission on a complaint
13 filed against a public official or public employee unless the
14 alleged offense was committed during the period of time within
15 which the official or employee was in public office, was a
16 nominee or candidate for public office, or was employed as a
17 public employee, or within five years thereafter.
18 (j) Any person aggrieved by an opinion or order which
19 becomes final in accordance with the provisions of this act who
20 has direct interest in such opinion or order shall have the
21 right to appeal therefrom in accordance with law and general
22 rules.
23 (k) No public official or public employee shall discharge
24 any official or employee or change his official rank, grade or
25 compensation, or deny him a promotion, or threaten to do so, for
26 filing a complaint with or providing information to the
27 commission or testifying in any commission proceeding.
28 (L) THE COMMISSION MAY CONDUCT AN INVESTIGATION WITHIN FIVE <--
29 YEARS AFTER THE ALLEGED OCCURRENCE OF ANY VIOLATION OF THIS ACT.
30 Section 9. Penalties.
19890H0075B0470 - 29 -
1 (a) Any person who violates the provisions of section 3(a)
2 [and (b)] , (b) and (c) is guilty of a felony and shall be fined
3 not more than $10,000 or imprisoned for not more than five
4 years, or be both fined and imprisoned.
5 (b) Any person who violates the provisions of section [3(c)]
6 3(d) through [(h) or] (i), section 4 or section 5(a) is guilty
7 of a misdemeanor and shall be fined not more than $1,000 or
8 imprisoned for not more than one year, or be both fined and
9 imprisoned.
10 (c) Any person who obtains financial gain from violating any
11 provision of this act, in addition to any other penalty provided
12 by law, shall pay [into the State Treasury] a sum of money equal
13 to three times the amount of the financial gain resulting from
14 such violation into the State Treasury or the treasury of the
15 political subdivision. Treble damages shall not be assessed
16 against a person who acted in good faith reliance on the advice
17 of legal counsel.
18 (d) The penalties prescribed in this act do not limit the
19 power of either House of the Legislature to discipline its own
20 members or impeach a public official, and do not limit the power
21 of agencies or commissions to discipline officials or employees.
22 (e) Any person who violates the confidentiality of a
23 commission proceeding pursuant to section 8, is guilty of a
24 misdemeanor and shall be fined not more than $1,000 or
25 imprisoned for not more than one year, or be both fined and
26 imprisoned. Any person who engages in retaliatory activity
27 proscribed by section 8(k) is guilty of a misdemeanor and, in
28 addition to any other penalty provided by law, shall be fined
29 not more than $1,000 or imprisoned for not more than one year,
30 or be both fined and imprisoned. Any person who willfully
19890H0075B0470 - 30 -
1 affirms or swears falsely in regard to any material matter
2 before a commission proceeding pursuant to section 8 is guilty
3 of a felony and shall be fined not more than $5,000 or
4 imprisoned for not more than five years, or be both fined and
5 imprisoned.
6 (f) In addition to any other civil remedy or criminal
7 penalty provided for in this act, the commission may, after
8 notice has been served in accordance with paragraph (5) of
9 section 7 and upon a majority vote of its members, levy a civil
10 penalty upon any person subject to this act who fails to file a
11 statement of financial interests in a timely manner or who files
12 a deficient statement of financial interests, at a rate of not
13 more than $25 for each day such statement remains delinquent or
14 deficient. The maximum penalty payable under this paragraph is
15 $250.
16 (g) A public official of a political subdivision who acts in <--
17 good faith reliance upon the advice of the solicitor of the
18 political subdivision shall not be subject to the penalties
19 provided for in this section.
20 Section 10. [Court employees.] Constables.
21 Nothing in this act, or in any other law or court rule shall
22 be construed to prohibit any constable [or any employee of a
23 court of common pleas, the Municipal Court of Philadelphia, the
24 Traffic Court of Philadelphia, or any employee of a district
25 justice] from also being an officer of a political body or
26 political party as such terms are defined in the act of June 3,
27 1937 (P.L.1333, No.320), known as the "Pennsylvania Election
28 Code," and the same may hold the office of a county, State or
29 national committee of any political party, and may run for and
30 hold any elective office, and may participate in any election
19890H0075B0470 - 31 -
1 day activities.
2 Section 2. The act is amended by adding a section to read:
3 Section 10.1. Wrongful use of act.
4 (a) A person who signs a complaint alleging a violation of
5 this act against another is subject to liability for wrongful
6 use of this act if:
7 (1) (I) he acted in a grossly negligent manner or <--
8 without probable cause and primarily for a purpose other than
9 that of reporting a violation of this act; OR <--
10 (2) (II) he publicly disclosed or caused to be disclosed <--
11 that a complaint against a person had been filed with the
12 commission; and
13 (3) (2) the complaint was frivolous as defined by this <--
14 act or there was a lack of probable cause for belief that
15 this act had been violated by the person.
16 (b) A person who signs a complaint alleging a violation of
17 this act has probable cause for doing so if he reasonably
18 believes in the existence of the facts upon which the claim is
19 based and either:
20 (1) reasonably believes that under those facts the
21 complaint may be valid under this act; or
22 (2) believes to this effect in reliance upon the advice
23 of counsel, sought in good faith and given after full
24 disclosure of all relevant facts within his knowledge and
25 information.
26 (c) When the commission determines that a complainant has
27 violated the provisions set forth in section 10.1(a) the
28 commission upon receiving a written request from the subject of
29 the complaint shall provide the name and address of the
30 complainant to said subject.
19890H0075B0470 - 32 -
1 (d) When the essential elements of an action brought
2 pursuant to this section have been established, the plaintiff is
3 entitled to recover for the following:
4 (1) The harm to his reputation by a defamatory matter
5 alleged as the basis of the proceeding.
6 (2) The expenses, including any reasonable attorney
7 fees, that he has reasonably incurred in proceedings before
8 the commission.
9 (3) Any specific pecuniary loss that has resulted from
10 the proceedings.
11 (4) Any emotional distress that has been caused by the
12 proceedings.
13 (5) Any punitive damages according to law in appropriate
14 cases.
15 Section 3. Section 11 of the act is SECTIONS 11 AND 12 OF <--
16 THE ACT ARE reenacted and amended to read:
17 Section 11. Supplemental provisions.
18 Any governmental body may adopt requirements to supplement
19 this act, provided that no such [requirement] requirements shall
20 in any way be less restrictive than the act.
21 Section 4. Sections 12 and 13 of the act are reenacted to <--
22 read:
23 Section 12. Conflict of law.
24 (A) If the provisions of this act conflict with any other <--
25 statute, ordinance, regulation or rule, the provisions of this
26 act shall control.
27 (B) IT IS THE INTENT OF THE GENERAL ASSEMBLY THAT ALL LAW <--
28 RELATING TO THE ETHICS OF PUBLIC OFFICIALS AND PUBLIC EMPLOYEES
29 SHALL BE UNAMBIGUOUSLY STATED IN THIS ACT. THEREFORE, IN THE
30 EVENT OF A CONFLICT BETWEEN THIS ACT AND ANY OTHER CIVIL OR
19890H0075B0470 - 33 -
1 CRIMINAL STATUTE, WHETHER ENACTED PRIOR OR SUBSEQUENT TO THE
2 PASSAGE OF THIS ACT, THIS ACT SHALL PREVAIL UNLESS ALL OR A
3 PORTION OF THIS ACT IS SPECIFICALLY AND EXPRESSLY REPEALED.
4 SECTION 4. SECTION 13 OF THE ACT IS REENACTED TO READ:
5 Section 13. Severability.
6 If any provision of this act, or the application thereof to
7 any person or circumstance, is held invalid, the validity of the
8 remainder of this act and the application of such provisions to
9 other persons and circumstances shall not be affected thereby.
10 Section 5. Section 14 of the act, amended February 26, 1979
11 (P.L.1, No.1), is reenacted to read:
12 Section 14. Effective date.
13 This act shall take effect January 1, 1979 except that
14 subsections (b) and (e) of section 4 shall take effect August 1,
15 1979 and subsections (a) and (d) of section 4 shall take effect
16 January 1, 1980: Provided, however, That the Ethics Commission
17 shall have the power and duty to require the filing of the
18 financial disclosure statements of candidates for elective
19 office between August 1, 1979 and January 1, 1980 at least 60
20 days prior to such election, or in the case of a special
21 election at least 15 days prior to such election.
22 Section 6. Persons who are members of the State Ethics
23 Commission on the effective date of this act shall serve until
24 their current terms have expired and shall be subject to the
25 additional restrictions of section 6(d)(3) and (5) of the act of
26 October 4, 1978 (P.L.883, No.170), referred to as the Public
27 Official and Employee Ethics Law, unless a current commissioner
28 was employed by a political subdivision on or before the
29 effective date of this amendatory act, in which case the
30 restriction set forth in section 6(d)(5) shall not apply.
19890H0075B0470 - 34 -
1 Section 7. All rules and regulations promulgated by the
2 State Ethics Commission shall remain in full force and effect
3 until amended or rescinded by the commission, provided that the
4 commission shall immediately initiate action to rescind or amend
5 any rule or regulation that is in conflict with the provisions
6 of this amendatory act or to promulgate additional regulations
7 which may be required to implement the provisions of this
8 amendatory act.
9 Section 8. This act, with respect to the State Ethics
10 Commission, constitutes the legislation required to reestablish
11 an agency pursuant to the act of December 22, 1981 (P.L.508,
12 No.142), known as the Sunset Act. The State Ethics Commission
13 shall continue, together with its statutory functions and
14 duties, until December 31, 1994, when it shall terminate and go
15 out of existence unless reestablished or continued by the
16 General Assembly for an additional ten years. Evaluation,
17 review, termination, reestablishment and continuation of the
18 agency beyond December 31, 1994, and every tenth year
19 thereafter, shall be conducted pursuant to the Sunset Act.
20 Section 9. This amendatory act shall not apply to violations
21 committed prior to the effective date of this act, and causes of
22 action initiated for such violations shall be governed by the
23 prior law, which is continued in effect for that purpose as if
24 this act were not in force. For the purposes of this section, a
25 violation was committed prior to the effective date of this act
26 if any elements of the violation occurred prior thereto.
27 Section 10. The sum of $30,000 is hereby appropriated to the
28 State Ethics Commission for the indexing of all opinions, orders
29 or advice of the commission, and for the maintenance of this
30 index.
19890H0075B0470 - 35 -
1 Section 11. This act shall take effect immediately.
A19L65DGS/19890H0075B0470 - 36 -