PRINTER'S NO. 1024
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
845
Session of
2015
INTRODUCED BY CALTAGIRONE, McGINNIS, COHEN, McNEILL, DeLUCA,
BENNINGHOFF, MURT, MALONEY AND MACKENZIE, MARCH 26, 2015
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 26, 2015
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, in ethics standards and financial
disclosure, further providing for definitions, for restricted
activities and for statement of financial interests.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "public employee" in section
1102 of Title 65 of the Pennsylvania Consolidated Statutes is
amended and the section is amended by adding a definition to
read:
ยง 1102. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Public employee." Any individual employed by the
Commonwealth or a political subdivision who is responsible for
taking or recommending official action of a nonministerial
nature with regard to:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
(1) contracting or procurement;
(2) administering or monitoring grants or subsidies;
(3) planning or zoning;
(4) inspecting, licensing, regulating or auditing any
person; or
(5) any other activity where the official action has an
economic impact of greater than a de minimis nature on the
interests of any person.
The term includes an individual who has been appointed as a
member of the board of a public pension fund and an individual
with the legal authority to appoint another individual as a
member of such board. The term shall not include [individuals
who are] an individual who is employed by this Commonwealth or
any political subdivision thereof in teaching as distinguished
from administrative duties.
* * *
"Public pension fund." The Public School Employees'
Retirement System, the State Employees' Retirement System, the
Pennsylvania Municipal Retirement System and any pension fund of
a municipality.
* * *
Section 2. Section 1103(g) of Title 65 is amended and the
section is amended by adding a subsection to read:
ยง 1103. Restricted activities.
* * *
(g) Former official or employee.--
(1) No former public official or public employee shall
represent a person, with promised or actual compensation, on
any matter before the governmental body with which he has
been associated for one year after he leaves that body.
20150HB0845PN1024 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) No individual who is appointed as a member of the
board of a public pension fund or an individual with the
legal authority to appoint another to such board may
represent any individual or entity on any matter before the
board for a period of five years.
* * *
(k) Activities relating to public pension funds.--It shall
be unlawful for:
(1) An individual who is a member of the board of a
public pension fund, an individual who has the legal
authority to appoint another to such board or any of their
family members to accept any political contribution, directly
or indirectly, from any person, political action committee or
entity who represents, is employed by or is affiliated with
any entity that has done business with the board within the
previous five years.
(2) A candidate or political committee to accept or
receive any contribution, directly or indirectly, from an
individual who represents, is employed by or is affiliated
with any entity that has done business with the board within
the previous three years.
(3) (i) An individual who is a member of the board of a
public pension fund, an individual who has the legal
authority to appoint another to such board or any of
their family members to accept any gift, transportation,
lodging or hospitality from any person or entity that
represents, is employed by or is affiliated with any
entity that has done business with the board within five
years.
(ii) Subparagraph (i) shall not apply to
20150HB0845PN1024 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
transportation, lodging or hospitality expenses
reimbursed by such board.
Section 3. Section 1105(b)(4), (5), (6) and (7) of Title 65
are amended to read:
ยง 1105. Statement of financial interests.
* * *
(b) Required information.--The statement shall include the
following information for the prior calendar year with regard to
the person required to file the statement:
* * *
(4) [The] (i) Except as otherwise provided in
subparagraph (ii), the name and address of each creditor to
whom is owed in excess of $6,500 and the interest rate
thereon.
(ii) For an individual who is a member of the board
of a public pension fund, an individual who has the legal
authority to appoint another as a member of such board or
any family members the name and address of each creditor
and the interest rate on the amount borrowed.
(iii) However, loans or credit extended between
members of the immediate family and mortgages securing
real property which is the principal or secondary
residence of the person filing shall not be included.
(5) [The] (i) Except as otherwise provided in
subparagraph (ii), the name and address of any direct or
indirect source of income totaling in the aggregate $1,300 or
more.
(ii) For an individual who is a member of the board
of a public pension fund, an individual who has the legal
authority to appoint another as a member of such board or
20150HB0845PN1024 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
any family members, with specificity, the name and
address of any direct or indirect source of income.
(iii) However, this [provision] paragraph shall not
be construed to require the divulgence of confidential
information protected by statute or existing professional
codes of ethics or common law privileges.
(6) [The] (i) Except as otherwise provided in
subparagraph (ii), the name and address of the source and the
amount of any gift or gifts valued in the aggregate at $250
or more and the circumstances of each gift.
(ii) For an individual who is a member of the board
of a public pension fund, individual who has the legal
authority to appoint another as a member of such board or
any family members shall not accept any gifts from any
individual or entity that has done business with a public
pension board.
(iii) This paragraph shall not apply to a gift or
gifts received from a spouse, parent, parent by marriage,
sibling, child, grandchild, other family member or friend
when the circumstances make it clear that the motivation
for the action was a personal or family relationship.
(iv) However, for the purposes of this paragraph,
the term "friend" shall not include a registered lobbyist
or an employee of a registered lobbyist.
(7) [The] (i) Except as otherwise provided in
subparagraph (ii), the name and address of the source and the
amount of any payment for or reimbursement of actual expenses
for transportation and lodging or hospitality received in
connection with public office or employment where such actual
expenses for transportation and lodging or hospitality exceed
20150HB0845PN1024 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
$650 in an aggregate amount per year.
(ii) For an individual who is a member of the board
of a public pension fund, individual who has the legal
authority to appoint another as a member of such board or
any family members shall not accept any transportation,
lodging or hospitality from any individual or entity that
has done business with the board of the public pension
fund.
(iii) This paragraph shall not apply to expenses
reimbursed by a governmental body or to expenses
reimbursed by an organization or association of public
officials or employees of political subdivisions which
the public official or employee serves in an official
capacity.
* * *
Section 2. This act shall take effect in 60 days.
20150HB0845PN1024 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16