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                                                      PRINTER'S NO. 2309

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1517 Session of 2008


        INTRODUCED BY ORIE, FUMO, PILEGGI, RAFFERTY, EICHELBERGER,
           BAKER, BROWNE, COSTA, GREENLEAF, FONTANA, DINNIMAN AND WAUGH,
           JULY 7, 2008

        REFERRED TO TRANSPORTATION, JULY 7, 2008

                                     AN ACT

     1  Amending Title 74 (Transportation) of the Pennsylvania
     2     Consolidated Statutes, further providing for the code of
     3     conduct.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6     Section 1.  Section 8204(a) of Title 74 of the Pennsylvania
     7  Consolidated Statutes is amended by adding a paragraph to read:
     8  § 8204.  Code of conduct.
     9     (a)  Contents.--The commission shall adopt a comprehensive
    10  code of conduct within 90 days of the effective date of this
    11  section. The code of conduct shall supplement all other
    12  requirements under this chapter and shall provide guidelines
    13  applicable to members and executive-level employees and the
    14  immediate families of the members and executive-level employees
    15  to enable them to avoid any perceived or actual conflict of
    16  interest and to promote public confidence in the integrity and
    17  impartiality of the commission. At a minimum, the code of
    18  conduct adopted under this section shall provide that:

     1         * * *
     2         (9)  No member or executive-level employee may hold or
     3     seek an office in any political party or political committee.
     4         (10)  Prior to entering into a contract with the
     5     commission, a member of the commission shall divest any
     6     management or controlling financial interest the member may
     7     have in the entity with which the commission seeks to enter
     8     into a contract. Failure to comply with this paragraph shall
     9     make the contract null and void.
    10         (11)  No member or executive-level employee may accept
    11     employment with any facility, business or other entity with
    12     which the commission has contracted during the member's
    13     tenure for a period of one year from the termination of term
    14     of office or employment.
    15         (12)  No member or executive-level employee may solicit,
    16     request, suggest or recommend a contractual relationship
    17     between the commission and a family member within the degrees
    18     of consanguinity to the member as set forth in 23 Pa.C.S. §
    19     1304(e), or anyone with whom the official or employee has a
    20     business or employment relationship.
    21         (13)  No member or executive-level employee shall act as
    22     a consultant, nor, excluding the Secretary of Transportation,
    23     accept any form of compensation for services rendered, in
    24     connection with a matter before another state agency whose
    25     mission involves transportation or transportation-related
    26     services nor sell goods or services to any State agency.
    27         (14)  No member or executive-level employee shall use, or
    28     authorized the use of, his or her title, the name "PA
    29     Turnpike Commission," or "Commission," or the commission's
    30     logo in a manner that suggest impropriety, favoritism or bias
    20080S1517B2309                  - 2 -     

     1     by the commission, official or employee.
     2         (15)  No member or executive-level employee shall solicit
     3     or accept honoraria prohibited by the act of October 4, 1978
     4     (P.L.883, No.170), referred to as the Public Official and
     5     Employee Ethics Law.
     6         (16)  No member or executive-level employee shall use or
     7     disclose confidential information protected by law, unless
     8     appropriately authorized.
     9         (17)  No member or executive-level employee shall during
    10     his or her term of public service or employment, and for one
    11     year thereafter, represent any person, in any fashion, before
    12     any public agency, with respect to a matter in which the
    13     official or employee personally participated while serving
    14     with the commission.
    15         (18)  Require that every commission member and executive-
    16     level employee file the financial disclosure statement as
    17     required under 65 Pa.C.S. § 1104 (relating to statements of
    18     financial interests required to be filed).
    19         (19)  Require that all commission members and executive-
    20     level employees participate in ethics education.
    21         (20)  Require that the failure of any commission official
    22     or executive-level employee to abide by this code of conduct,
    23     or to comply with the Public Official and Employee Ethics Law
    24     and related statutes, shall result in discipline, which may
    25     include dismissal, as well as any potential civil or criminal
    26     sanctions under the law.
    27     * * *
    28     Section 2.  This act shall take effect in 60 days.


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