PRINTER'S NO. 4301
No. 2767 Session of 2008
INTRODUCED BY BENNINGHOFF, BRENNAN, CALTAGIRONE, CREIGHTON,
CUTLER, DENLINGER, GILLESPIE, GINGRICH, HENNESSEY, KAUFFMAN,
MARSHALL, McILHATTAN, McILVAINE SMITH, MELIO, RAPP, ROAE,
SCHRODER, SIPTROTH, SWANGER, TRUE AND VULAKOVICH,
SEPTEMBER 12, 2008
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 12, 2008
AN ACT
1 Providing for a ban on the use of public funds by Commonwealth
2 agencies for public opinion polling.
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 Ban on the
7 Use of Public Funds for Public Opinion Polling Act.
8 Section 2. Legislative finding and declaration.
9 The General Assembly finds and declares as follows:
10 (1) It is the responsibility of the Commonwealth to
11 direct the expenditure of State funds and to ensure that
12 these moneys are used in a manner that benefits the citizens
13 of this Commonwealth.
14 (2) It is in the public interest of the citizens of this
15 Commonwealth that the practice of using taxpayer funds to
16 conduct public opinion polls no longer be permitted.
1 Section 3. Definitions.
2 The following words and phrases when used in this act shall
3 have the meanings given to them in this section unless the
4 context clearly indicates otherwise:
5 "Business entity." Any corporation, partnership, sole
6 proprietorship, firm, enterprise, franchise, association,
7 organization, self-employed individual, holding company, joint-
8 stock company, receivership, trust or any legal entity organized
9 for profit or as a not-for-profit corporation or organization.
10 "Commonwealth agency." Any of the following:
11 (1) Any office, department, authority, board, multistate
12 agency or commission of the executive branch; an independent
13 agency; and a State-affiliated entity. The term includes:
14 (i) The Governor's Office.
15 (ii) The Office of Attorney General, the Department
16 of the Auditor General and the Treasury Department.
17 (iii) An organization established by the
18 Constitution of Pennsylvania, a statute or an executive
19 order which performs or is intended to perform an
20 essential governmental function.
21 (2) The legislative branch of the government of this
22 Commonwealth.
23 (3) Any court and any office of the unified judicial
24 system of this Commonwealth.
25 Section 4. General rule.
26 No money appropriated to a Commonwealth agency shall be
27 expended for payment to or the reimbursement for payments to a
28 business entity for the purpose of conducting any form of
29 survey, study or poll to determine public opinion on legislative
30 or public policy issues.
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1 Section 5. Effective date.
2 This act shall take effect in 30 days.
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