THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BARRAR, CLYMER, CREIGHTON, DENLINGER, GEIST, GINGRICH, GROVE, HARHART, METZGAR, MILLER, MOUL, MURT, OBERLANDER, REICHLEY AND TURZAI, JULY 30, 2009

REFERRED TO COMMITTEE ON COMMERCE, JULY 30, 2009  

AN ACT

Amending the act of December 3, 1959 (P.L.1688, No.621),

entitled, as amended, "An act to promote the health, safety

and welfare of the people of the Commonwealth by broadening

the market for housing for persons and families of low and

moderate income and alleviating shortages thereof, and by

assisting in the provision of housing for elderly persons

through the creation of the Pennsylvania Housing Finance

Agency as a public corporation and government

instrumentality; providing for the organization, membership

and administration of the agency, prescribing its general

powers and duties and the manner in which its funds are kept

and audited, empowering the agency to make housing loans to

qualified mortgagors upon the security of insured and

uninsured mortgages, defining qualified mortgagors and

providing for priorities among tenants in certain instances,

prescribing interest rates and other terms of housing loans,

permitting the agency to acquire real or personal property,

permitting the agency to make agreements with financial

institutions and Federal agencies, providing for the purchase

by persons of low and moderate income of housing units, and

approving the sale of housing units, permitting the agency to

sell housing loans, providing for the promulgation of

regulations and forms by the agency, prescribing penalties

for furnishing false information, empowering the agency to

borrow money upon its own credit by the issuance and sale of

bonds and notes and by giving security therefor, permitting

the refunding, redemption and purchase of such obligations by

the agency, prescribing remedies of holders of such bonds and

notes, exempting bonds and notes of the agency, the income

therefrom, and the income and revenues of the agency from

taxation, except transfer, death and gift taxes; making such

bonds and notes legal investments for certain purposes; and

indicating how the act shall become effective," prohibiting

certain political activity and illegal activities; and

providing for reimbursement of funds.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The act of December 3, 1959 (P.L.1688, No.621),

known as the Housing Finance Agency Law, is amended by adding

sections to read:

Section 602-A.1.  Political Activity Prohibited.--(a)  No

entity that engages in political activity or endorses a

political candidate or party directly or through its officers or

directors on behalf of the entity may receive funds from the

agency. Prior to receiving agency funding, an entity shall

certify that it will not engage in political activity directly

or through its officers or directors on behalf of the entity.

Prohibited forms of political activity shall include the

following:

(1)  Taking an active role in political management or in a

political campaign.

(2)  Organizing a political party, organization or political

club.

(3)  Directly or indirectly soliciting, receiving,

collecting, handling, disbursing or accounting for assessments,

contributions or other funds for a partisan political purpose.

(4)  Organizing, selling tickets to, promoting or actively

participating in a fundraising activity of a candidate in a

partisan election or of a political party or political club.

(5)  Taking an active part in managing the political campaign

of a candidate for public office in a partisan election or a

candidate for political party office.

(6)  Soliciting votes in support of or in opposition to a

candidate for public office in a partisan election or a

candidate for political party office.

(7)  Organizing individuals to act as recorders, watchers,

challengers or similar officers at the polls on behalf of a

political party or a candidate or in a partisan election.

(8)  Driving voters to the polls on behalf of a political

party or a candidate in a partisan election or organizing

individuals to drive voters to the polls on behalf of a

political party or a candidate in a partisan election.

(9)  Endorsing or opposing a candidate for public office in a

partisan election or a candidate for political party office in a

political advertisement, broadcast, literature or similar

material.

(10)  Addressing a convention, caucus, rally or similar

gathering of a political party in support of or in opposition to

a partisan candidate for political office or political party

office.

(11)  Initiating or circulating a partisan nominating

petition.

(12)  Soliciting, paying, collecting or receiving a

contribution from any employe or volunteer for any political

party, political fund or other partisan recipient.

(13)  Organizing a voter registration drive on behalf of a

political party or a candidate in a partisan election.

(b)  This section shall not restrict an employe or volunteer

of an entity that receives funding from the agency from engaging

in political activity or endorsing a political candidate as a

private citizen.

(c)  This section shall not be construed to limit or prohibit

activities carried out by a duly constituted and properly

registered political action committee, provided that the

recipient of funds from the agency does not use funds, or

resources paid for by those funds, in the work of the political

action committee.

Section 602-A.2.  Illegal Activities.--Prior to receiving

agency funds, an entity shall certify that it will not engage in

illegal activities or knowingly advise or counsel any person to

engage in illegal activities.

Section 602-A.3.  Reimbursement of Funds.--Any funds used in

violation of section 602-A.1 or 602-A.2 are subject to immediate

recapture and reimbursement by the agency. The agency may at all

times require such audits as it deems necessary and appropriate

to ensure compliance with this section.

Section 2.  This act shall take effect in 60 days.