1Amending Title 65 (Public Officers) of the Pennsylvania
2Consolidated Statutes, further providing for restricted 
3activities.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 1103(j) of Title 65 of the Pennsylvania
7Consolidated Statutes is amended to read:

8§ 1103. Restricted activities.

9* * *

10(j) Voting conflict.--

11(1) Where voting conflicts are not otherwise addressed
12by the Constitution of Pennsylvania or by any law, rule,
13regulation, order or ordinance, the following procedure shall
14be employed. Any public official or public employee who in
15the discharge of his official duties would be required to
16vote on a matter that would result in a conflict of interest
17shall abstain from voting and, prior to the vote being taken,
18publicly announce and disclose the nature of his interest as

1a public record in a written memorandum filed with the person
2responsible for recording the minutes of the meeting at which
3the vote is taken[, provided that whenever a governing body
4would be unable to take any action on a matter before it
5because the number of members of the body required to abstain
6from voting under the provisions of this section makes the
7majority or other legally required vote of approval
8unattainable, then such members shall be permitted to vote if
9disclosures are made as otherwise provided herein. In the
10case of a three-member governing body of a political
11subdivision, where one member has abstained from voting as a
12result of a conflict of interest and the remaining two
13members of the governing body have cast opposing votes, the
14member who has abstained shall be permitted to vote to break
15the tie vote if disclosure is made as otherwise provided
16herein].

17(2) If a governing body would be unable to take any
18action on a matter before it because the number of members of
19the body required to abstain from voting under this section
20makes the majority or other legally required vote of approval
21unattainable or if, in the case of a three-member governing
22body of a political subdivision, where one member has
23abstained from voting as a result of a conflict of interest
24and the remaining two members of the governing body have cast
25opposing votes, the governing body shall, immediately after
26disclosure of the conflict of interest by the member, appoint
27alternate members as follows:

28(i) If the appointment of alternate members is
29provided for by law, the appointment shall be made
30according to that law.

1(ii) If the appointment of alternate members is not
2provided for by law, the appointment shall be made by the
3chairperson of the governing body.

4Section 2. This act shall take effect in 60 days.