Regular Session 2015-2016 Senate Bill 0492 P.N. 0627

CORRECTIVE REPRINT

PRIOR PRINTER'S NO. 431

PRINTER'S NO. 627

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

492

Session of

2015

INTRODUCED BY YUDICHAK, RAFFERTY, TEPLITZ, BREWSTER, FONTANA,

SCHWANK, WILLIAMS, SMITH, VULAKOVICH, COSTA, FARNESE AND

BLAKE, FEBRUARY 13, 2015

REFERRED TO STATE GOVERNMENT, FEBRUARY 13, 2015

AN ACT

Amending Title 65 (Public Officers) of the Pennsylvania

Consolidated Statutes, in ethics standards and financial

disclosure, further providing for short title of chapter, for

purpose and for definitions; providing for establishment and

operation of nominating committee, for Pennsylvania Public

Integrity Commission, for limitations on activities by

commissioners and employees, for powers and duties of

commission, for authority, qualification, training and

identification of investigative employees designated as law

enforcement officers, for photo identification, for immunity

of witnesses and for enforcement of subpoenas; further

providing for restricted activities, for statement of

financial interests required to be filed, for State Ethics

Commission, for its powers and duties, for investigations by

commission and for penalties; providing for costs,

restitutions and forfeiture; further providing for wrongful

use of chapter; and providing for disclosure of executive

session testimony and investigative records, for privileged

statements and reports, for commission disclosure of economic

interests and for applicable statutes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 1101 and 1101.1 of Title 65 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 1101. Short title of chapter.

This chapter shall be known and may be cited as the [Public

Official and Employee Ethics] Pennsylvania Public Integrity

Commission Act.

§ 1101.1. Purpose.

(a) [Declarations.--The Legislature hereby declares that

public office is a public trust and that any effort to realize

personal financial gain through public office other than

compensation provided by law is a violation of that trust. In

order to strengthen the faith and confidence of the people of

this Commonwealth in their government, the Legislature further

declares that the people have a right to be assured that the

financial interests of holders of or nominees or candidates for

public office do not conflict with the public trust. Because

public confidence in government can best be sustained by

assuring the people of the impartiality and honesty of public

officials, this chapter shall be liberally construed to promote

complete financial disclosure as specified in this chapter.

Furthermore, it is recognized that clear guidelines are needed

in order to guide public officials and employees in their

actions. Thus, the General Assembly by this chapter intends to

define as clearly as possible those areas which represent

conflict with the public trust.] Legislative intent.--It is the

intent of the General Assembly that this chapter promote the

following public policy purposes and objectives:

(1) Uncover and investigate public corruption within the

Commonwealth:

(i) at all levels of government, including State,

county and local; and

(ii) in all branches of government, including

legislative, executive and judicial.

(2) Establish a Pennsylvania Public Integrity Commission

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which serves both a law enforcement role as a criminal

justice agency concerning specific criminal violations and an

educational role for public officials, public employees,

district attorneys, other law enforcement entities, the

General Assembly and the public.

(3) Encourage the Pennsylvania Public Integrity

Commission to work cooperatively with the Attorney General,

the Pennsylvania State Police, district attorneys and other

law enforcement entities in conducting its mission.

(4) Promote administration of this chapter by the

Pennsylvania Public Integrity Commission in a manner which is

cognizant of the responsibilities and burdens of public

officials and employees who have demonstrated an interest in

promoting public confidence in government.

(b) [Recognition.--It is recognized that many public

officials, including most local officials and members of the

General Assembly, are citizen-officials who bring to their

public office the knowledge and concerns of ordinary citizens

and taxpayers. They should not be discouraged from maintaining

their contacts with their community through their occupations

and professions. Thus, in order to foster maximum compliance

with its terms, this chapter shall be administered in a manner

that emphasizes guidance to public officials and public

employees regarding the ethical standards established by this

chapter.] Declarations.--The General Assembly hereby declares

that public office is a public trust and that any effort to

realize personal financial gain through public office other than

compensation provided by law is a violation of that trust. The

General Assembly also declares the public would be best served

by a Statewide criminal justice agency which focuses on

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investigating criminal incidents of public corruption. In order

to strengthen the faith and confidence of the people of this

Commonwealth in their government, the General Assembly further

declares that the people have a right to be assured that the

financial interests of holders of or nominees or candidates for

public office do not conflict with the public trust. Because

public confidence in government can best be sustained by

assuring the people of the impartiality and honesty of public

officials, this chapter shall be liberally construed to promote

complete financial disclosure as specified in this chapter.

Furthermore, it is recognized that clear guidelines are needed

in order to guide public officials and employees in their

actions. Thus, the General Assembly by this chapter intends to

define as clearly as possible those areas which represent

conflict with the public trust.

[(c) Legislative intent.--It is the intent of the General

Assembly that this chapter be administered by an independent

commission composed of members who are cognizant of the

responsibilities and burdens of public officials and employees

and who have demonstrated an interest in promoting public

confidence in government.]

Section 2. The definitions of "advice," "business with which

he is associated," "candidate," "commission," "conflict" or

"conflict of interest," "contract," "findings report," "opinion"

and "order" in section 1102 of Title 65 are amended and the

section is amended by adding definitions to read:

§ 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:

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"Advice." Any directive of the chief counsel of the [State

Ethics Commission] commission issued under section [1107(11)]

1102.4(15) (relating to powers and duties of commission) and

based exclusively on prior commission opinions, prior opinions

of the State Ethics Commission, this chapter, regulations

promulgated pursuant to this chapter and court opinions which

interpret this chapter.

* * *

"Business with which [he] a person is associated." Any

business in which the person or a member of the person's

immediate family is a director, officer, owner, employee or has

a financial interest.

"Candidate." Any individual who seeks nomination or election

to public office by vote of the electorate, other than a judge

of elections, inspector of elections or official of a political

party, whether or not such individual is nominated or elected.

An individual shall be deemed to be seeking nomination or

election to such office if [he] the individual has:

(1) received a contribution or made an expenditure or

given [his] consent for any other person or committee to

receive a contribution or make an expenditure for the purpose

of influencing [his] the nomination or election to such

office, whether or not the individual has announced the

specific office for which [he] the individual will seek

nomination or election at the time the contribution is

received or the expenditure is made; or

(2) taken the action necessary under the laws of this

Commonwealth to qualify [himself] the individual for

nomination or election to such office.

The term shall include individuals nominated or elected as

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write-in candidates unless they resign such nomination or

elected office within 30 days of having been nominated or

elected.

"Commission." The [State Ethics] Pennsylvania Public

Integrity Commission.

* * *

"Conflict" or "conflict of interest." Use by a public

official or public employee of the authority of [his] the

person's office or employment or any confidential information

received through [his] holding public office or employment for

the private pecuniary benefit of [himself, a member of his

immediate family] the person, an immediate family member or a

business with which [he] the person or a member of [his] the

person's immediate family is associated. The term does not

include an action having a de minimis economic impact or which

affects to the same degree a class consisting of the general

public or a subclass consisting of an industry, occupation or

other group which includes the public official or public

employee, a member of [his] the person's immediate family or a

business with which [he] the person or a member of [his] the

person's immediate family is associated.

"Contract." An agreement or arrangement for the acquisition,

use or disposal by the Commonwealth or a political subdivision

of consulting or other services or of supplies, materials,

equipment, land or other personal or real property. The term

shall not mean an agreement or arrangement between the State or

political subdivision as one party and a public official or

public employee as the other party, concerning [his] the public

official or public employee's expense, reimbursement, salary,

wage, retirement or other benefit, tenure or other matters in

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consideration of [his] the public official or public employee's

current public employment with the Commonwealth or a political

subdivision.

"Court." The Commonwealth Court.

* * *

"Findings report." An initial report containing findings of

fact as determined by the [State Ethics Commission's]

commission's investigation but not containing any conclusions of

law or any determination of whether there has been a violation

of law.

* * *

"Immunity order." An order issued under this chapter by the

court directing a witness to testify or produce other

information over a claim of privilege against self-

incrimination.

* * *

"Opinion." A directive of the [State Ethics Commission]

commission issued pursuant to section [1107(10) (relating to

powers and duties of commission)] 1102.4(14) setting forth a

public official's or public employee's duties under this

chapter.

"Order." A directive of the [State Ethics Commission]

commission issued pursuant to section [1107(13) (relating to

powers and duties of commission)] 1102.4(17) at the conclusion

of an investigation which contains findings of fact, conclusions

of law and penalties.

* * *

"Public corruption." The unlawful activity, under color of

or in connection with any public office or employment, of any

individual:

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(1) employed by an agency as defined in the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know

Law; or

(2) elected by the public, appointed by a governmental

body or an appointed official in an agency as defined in the

Right-to-Know Law.

* * *

Section 3. Title 65 is amended by adding sections to read:

§ 1102.1. Establishment and operation of nominating committee.

(a) Establishment.--When a vacancy exists in the commission,

a nominating committee shall be established and selected as

provided in this section.

(b) List of current nominees.---A nominating committee shall

compile a list of 15 current nominees to fill a vacancy in the

commission. A list of nominees shall not have more than six

members of the same political party. After the vacancy in the

commission for which the nominating committee was established

has been filled, the list of 15 current nominees shall be

discarded, and a subsequent vacancy shall not be filled from

that list. This section shall not preclude the inclusion of a

nominee in a subsequent list of nominees.

shall be selected as follows:

(1) The President pro tempore of the Senate shall

appoint three members of the nominating committee. One

appointee shall be a current or former district attorney.

Two appointees shall be current or former deans of a

Pennsylvania law school accredited by the American Bar

Association.

(2) The Minority Leader of the Senate shall appoint two

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members of the nominating committee. One appointee shall be a

current or former dean of a Pennsylvania law school

accredited by the American Bar Association. One appointee

shall be a member or employee of a nonprofit, nonpartisan

citizen's lobbying organization that has been in existence

for no fewer than 30 years.

(3) No more than three members of the nominating

committee shall be members of the same political party.

(d) Chairperson.--The members of the nominating committee

shall select a chairperson of the committee from among the

members.

(e) Term.--The members of the nominating committee shall

serve until the vacancy in the commission for which the

nominating committee was created has been filled. Nothing in

this section shall preclude the reappointment of a member of a

nominating committee to a subsequent nominating committee.

(f) Expenses.--The members of a nominating committee shall

serve without compensation but shall be entitled to reasonable

travel, hotel and other necessary expenses from the funds of the

commission as approved by the commission. The expenses shall not

exceed the applicable per diem rates established by the United

States General Services Administration.

(g) Support.--The commission shall provide administrative

assistance to a nominating committee.

(h) Vacancies.--Vacancies in a nominating committee before

the expiration of its term shall be filled for the remainder of

the term in the same manner as original appointments.

(i) Removal.--The appointing authority of a member of a

nominating committee may remove that member for good cause.

(j) Procedure.--The following shall apply to a nominating

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committee procedure:

(1) A majority of the members of a nominating committee

constitutes a quorum. A member of a nominating committee

shall participate at a meeting of the committee in person or

by teleconference or video conference for the purposes of

meeting a quorum.

(2) Voting shall be direct, including voting by

teleconference or video conference. Voting by proxy shall not

be permitted.

(k) Meetings.--A nominating committee shall meet as needed

at the call of the chairperson.

§ 1102.2. Commission.

(a) Continuation of State Ethics Commission.--The commission

is a successor to and a continuation of the State Ethics

Commission established under the act of October 4, 1978

(P.L.883, No.170) , referred to as the Public Official and

Employee Ethics Law. The commission shall be an independent

administrative body consisting of seven members who shall be

known as commissioners.

(b) Continuation of commissioners of the State Ethics

Commission.--Upon the effective date of this section, the

current commissioners of the State Ethics Commission shall

continue to serve as administrators of this chapter with all of

the duties, powers, rights and responsibilities of commissioners

of the commission until no fewer than four commissioners are

appointed under subsection (c).

the Governor, subject to the consent of two-thirds of the

members elected to the Senate, from the list of current nominees

prepared by a nominating committee under section 1102.1

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(relating to establishment and operation of nominating

committee). The commission shall not have more than three

commissioners of the same political party.

(d) Term.--The original commissioners shall be appointed as

follows:

(1) Three shall be appointed for a term of one year.

(2) Three shall be appointed for a term of two years.

(3) One shall be appointed for a term of three years.

After the original commissioners are appointed, appointments

shall be for a term of three years.

(e) Vacancy and reappointment.--A vacancy shall be filled

for the remainder of the unexpired term in the same manner as an

original appointment. Upon the expiration of a term, a

commissioner shall continue to hold office until a successor has

been duly appointed, but not longer than six months after the

expiration of the commissioner's appointed term. A commissioner

may be reappointed to serve one three-year term if included on

the list of current nominees for that vacancy provided by a

nominating committee under section 1102.1.

(f) Chairperson.--The commissioners shall meet on an annual

basis to select a chairperson of the commission from among the

commissioners.

(g) Compensation and expenses.--A commissioner shall receive

$100-a-day compensation for every meeting of the commission at

which the commissioner participates in person and a quorum of

the commission is present. A commissioner shall be entitled to

reasonable travel, hotel and other necessary expenses as

approved by the commission, but the expenses shall not exceed

the applicable per diem rates established by the United States

General Services Administration.

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(h) Removal.--Except as authorized under this subsection, a

commissioner shall not be removed from office during his term. A

commissioner may be removed from office in the following

circumstances:

(1) Upon clear and convincing evidence of misfeasance or

malfeasance in office or neglect of duty by a commissioner,

the Governor may remove a commissioner prior to the

expiration of the term. The Governor shall provide the

commissioner who is removed with a statement of the reasons

for the removal.

(2) A commissioner who fails to attend, in person or by

teleconference or video conference, three consecutive

meetings shall forfeit the position on the commission unless

the chairperson, upon written request from the commissioner,

finds the commissioner should be excused for good cause.

A commissioner who is removed may petition the court for

reinstatement. The court shall hold an expedited hearing and

render a decision within 30 days after the hearing or as soon

thereafter as may be practicable. A decision of the court that

is adverse to a commissioner who is removed shall result in a

vacancy that shall be filled under this chapter.

(i) Procedure.--All of the following shall apply to

commission procedure:

(1) A majority of the commissioners constitutes a

quorum. A commissioner must participate at a meeting of the

commission in person or by teleconference or video conference

for the purpose of meeting a quorum.

(2) Voting must be direct, including voting by

teleconference or video conference. Voting by proxy shall not

be permitted.

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(j) Meetings.--The commission shall meet no fewer than once

every two months and at additional times as necessary to conduct

the business of the commission.

§ 1102.3. Limitations on activities by commissioners and

employees.

(a) General rule.--No individual while a member or employee

of the commission shall:

(1) Hold another public office or be a candidate for

another public office.

(2) Hold office in a political party or political

committee.

(3) Actively participate in, contribute to or solicit

contributions for a political campaign, political party,

political committee or candidate.

(4) Publicly endorse a candidate.

(b) Exception.--Nothing in this section shall preclude a

member or employee of the commission from actively participating

in, contributing to or soliciting contributions for a candidate

for Federal office or elective office outside of this

Commonwealth.

§ 1102.4. Powers and duties of commission.

In addition to other powers and duties prescribed by law, the

commission shall:

(1) Prescribe and publish rules and regulations to carry

out the provisions of this chapter, including regulations

controlling or defining the following:

(i) Calling of meetings.

(ii) Investigative responsibilities of commission

members and employees.

(iii) Written procedures to be utilized by the

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commission's investigative management staff in planning

and supervising investigations and inquiries.

(iv) Dissemination of materials, including

dissemination to the Governor and members or committees

of the General Assembly.

(v) Appropriate use of commission property,

including vehicles.

(vi) Maintenance of confidentiality of information.

(vii) Other procedures and acts necessary for the

proper functioning of the commission.

(2) As a criminal justice agency, inquire into public

corruption and the activities of persons engaged in and

associated with public corruption. The commission shall make

a written report of every completed public corruption

investigation which may include recommendation for

legislative or administrative action. Except for those

reports provided to another law enforcement agency, if a

public corruption report is critical of a named individual

not indicted for a criminal offense, the named individual

shall be allowed to submit a response to the allegations

contained in the report which shall be made part of the

report.

(3) Hold hearings, take testimony, issue subpoenas and

require the attendance and testimony of witnesses and the

production of documentary evidence relative to any

investigation which the commission may conduct in accordance

with the powers given it. The subpoenas shall be signed by

the chairperson, the chief counsel and one other commissioner

and shall be served by a person authorized to serve subpoenas

under the laws of this Commonwealth.

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(4) Refer criminal violations to a district attorney,

the Attorney General of Pennsylvania, the Attorney General of

the United States or a United States Attorney for

investigation or prosecution.

(5) During April of each calendar year, submit an annual

report on the status of public corruption in this

Commonwealth to a joint public hearing of the Judiciary

Committee of the Senate and the Judiciary Committee of the

House of Representatives. The commission shall submit other

public corruption reports and present the reports at public

hearings of the committees of the Senate and the House of

Representatives having oversight responsibilities or

appropriate legislative jurisdiction of the subject matter of

the reports. If a report is critical of a named individual

not indicted for a criminal offense, the named individual

shall be allowed to submit a response to the allegations

contained in the report which shall be made part of the

report.

(6) Prescribe forms for statements and reports required

to be filed by this chapter and furnish such forms to persons

required to file such statements and reports.

(7) Prepare and publish guidelines setting forth

recommended uniform methods of accounting and reporting for

use by persons required to file statements and reports by

this chapter.

(8) Accept and file any information voluntarily supplied

that exceeds the requirements of this chapter.

(9) Inspect statements of financial interests which have

been filed in order to ascertain whether any reporting person

has failed to file such a statement or has filed a deficient

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statement. If, upon inspection, it is determined that a

reporting person has failed to file a statement of financial

interests or that any statement which has been filed fails to

conform with the requirements of section 1105 (relating to

statement of financial interests), the commission shall in

writing notify the person. Such notice shall state in detail

the deficiency and the penalties for failure to file or for

filing a deficient statement of financial interests.

(10) Provide that statements and reports filed with the

commission be made available for public inspection and

copying during regular office hours and provide that copying

facilities be made available at a charge not to exceed actual

cost and advise other State and local agencies of the

provisions of this paragraph.

(11) Compile and maintain an index of all reports and

statements filed with the commission to facilitate public

access to such reports and statements and instruct other

State and local agencies which receive and file financial

interest statements in the maintenance of systems which

facilitate public access to such statements.

(12) Prepare and publish annual summaries of statements

and reports filed with the commission.

(13) Preserve statements and reports filed with the

commission for a period of five years from date of receipt

and advise other State and local agencies which receive and

store financial interest statements to preserve such

statements for a period of five years from date of receipt.

(14) Issue to any person upon such person's request or

to the appointing authority or employer of that person upon

the request of such appointing authority or employer an

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opinion with respect to such person's duties under this

chapter. The commission shall, within 14 days, either issue

the opinion or advise the person who made the request whether

an opinion will be issued. A person who acts in good faith on

an opinion issued to that person by the commission shall not

be subject to criminal or civil penalties for so acting,

provided that the material facts are as stated in the opinion

request. The commission's opinions shall be public record and

may from time to time be published. The person requesting the

opinion may, however, require that the opinion shall contain

such deletions and changes as shall be necessary to protect

the identity of the persons involved.

(15) Provide written advice to any person or the

appointing authority or employer of such person upon the

person's request with respect to such person's duties under

this chapter. Such advice shall be provided within 21 working

days of the request, provided that the time may be extended

for good cause. It shall be a complete defense in any

enforcement proceeding initiated by the commission and

evidence of good faith conduct in any other civil or criminal

proceeding if the requester, at least 21 working days prior

to the alleged violation, requested written advice from the

commission in good faith, disclosed truthfully all the

material facts and committed the acts complained of either in

reliance on the advice or because of the failure of the

commission to provide advice within 21 days of the request or

such later extended time. The person requesting the advice

may, however, require that the advice shall contain such

deletions and changes as shall be necessary to protect the

identity of the persons involved.

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(16) Initiate an inquiry under section 1108(a) (relating

to investigations of violations of this chapter by

commission) where a complaint has not been filed but where

there is a reasonable belief that a conflict may exist.

(17) Issue findings, reports and orders relating to

investigations initiated pursuant to section 1108 which set

forth the alleged violation, findings of fact and conclusions

of law. An order may include a referral for prosecution. Any

order resulting from a finding that a public official or

public employee has obtained a financial gain in violation of

this chapter may require the restitution plus interest of

that gain to the appropriate governmental body. The

commission or the Office of Attorney General shall have

standing to apply to the court to seek enforcement of an

order requiring such restitution. This restitution

requirement shall be in addition to any other penalties

provided for in this chapter.

(18) Prepare and publish special reports, educational

materials and technical studies to further the purposes of

this chapter.

(19) Transmit, free of charge, copies of each order,

advice and opinion which have become a matter of public

record quarterly to the law library of each county, one

public library in each county, the State Library, the State

Senate Library, each authority appointing commission members

under this chapter, the Pennsylvania Association of County

Commissioners, the Pennsylvania Association of Boroughs, the

Pennsylvania State Association of Township Supervisors, the

Pennsylvania State Association of Township Commissioners, the

Pennsylvania School Boards Association and the Pennsylvania

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League of Cities.

(20) Hold at least two public hearings each year, of

which at least one shall be held in Harrisburg and at least

one shall be held in a location other than Harrisburg, to

seek input from persons and organizations that represent any

individual subject to the provisions of this chapter and from

other interested parties.

(21) Call upon the department heads of State government

and State agencies through its chairperson for information

and assistance as needed to carry out the functions of the

commission.

(22) Account to the Governor, the Auditor General and

the General Assembly at the end of each fiscal year for money

received and disbursed.

(23) Appoint and fix the compensation of an executive

director and a chief counsel. The executive director shall be

responsible for the administrative operations of the

commission and shall perform other duties as may be delegated

or assigned by the commission, except that the commission

shall not delegate the making of regulations to the executive

director. The chief counsel shall be the chief legal officer

of the commission. The commission may obtain the services of

experts and consultants as necessary to carry out its duties

pursuant to this chapter.

(24) Appoint and fix the compensation of other employees

as the commission may find necessary for the proper

performance of the functions of the commission. The

commission shall designate which investigative employees of

the commission shall be law enforcement officers as provided

in section 1102.5 (relating to authority, qualification,

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training and identification of investigative employees

designated as law enforcement officers). Other employees of

the commission shall be civilians.

(25) Pay expenses incurred by the executive director,

chief counsel or other employees on the presentation of

itemized vouchers and approval by the commission.

(26) Perform other acts necessary for the proper

functioning of the commission.

§ 1102.5. Authority, qualification, training and identification

of investigative employees designated as law

enforcement officers.

(a) Authority.--An investigative employee of the commission

designated as a law enforcement officer shall have the law

enforcement power and authority, anywhere within this

Commonwealth, to enforce the following laws:

(1) This chapter.

(2) The act of July 10, 1968 (P.L.316, No.154), known as

the Legislative Code of Ethics.

(3) Crimes related to public office or public employment

as defined in section 2 of the act of July 8, 1978 (P.L.752,

No.140), known as the Public Employee Pension Forfeiture Act,

except Federal offenses.

(b) Qualifications.--An investigative employee shall be

qualified for appointment and designation as a law enforcement

officer if the employee:

(1) Has successfully completed a Federal or State law

enforcement training program determined by the Commissioner

of Pennsylvania State Police to be of sufficient scope and

duration to provide the participant with basic law

enforcement training.

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(2) Has not been convicted of a felony or an offense

graded a serious misdemeanor, as defined by the act of

January 29, 2004 (P.L.4, No.2), known as the Confidence in

Law Enforcement Act.

(3) Has not been convicted of an offense in a

jurisdiction, state or country outside this Commonwealth in

accordance with the laws of that jurisdiction, state or

country and the offense is equivalent to an offense specified

in paragraph (2), regardless of its grading in that

jurisdiction, state or country.

Commissioner of Pennsylvania State Police, the commission shall

develop a program of ongoing law enforcement education for

investigative employees designated as law enforcement officers.

(d) Firearms.--

(1) The commission shall develop regulations and

procedures for the use and possession of firearms by

investigative employees designated as law enforcement

officers, including the type of firearms permitted and the

circumstances under which an investigative employee would be

permitted to possess or use a firearm.

(2) No commission investigative employee may possess or

use a firearm in the course of the employee's commission

duties unless he holds a current valid certification in the

use and handling of firearms under one of the following:

(i) 53 Pa.C.S. Ch. 21 Subch. D (relating to

municipal police education and training).

(ii) The act of February 9, 1984 (P.L.3, No.2),

known as the Sheriff and Deputy Sheriff Education and

Training Act.

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◄

(iii) Another firearms program determined by the

Commissioner of Pennsylvania State Police to be of

sufficient scope and duration as to provide the

participant with basic training in the use and handling

of firearms.

(e) Badge.--Every investigative employee of the commission

designated as a law enforcement officer shall possess a metallic

badge with the words "Public Integrity Commission Officer"

inscribed on it.

§ 1102.6. Photo identification.

Regardless of whether or not they have been designated law

enforcement officers, individuals appointed as investigative

employees of the commission shall have photo identification

cards issued by the commission containing the following:

(1) A photo of the individual taken within the previous

24 months.

(2) The name of the individual.

(3) The signature of the individual.

(4) The words "Public Integrity Commission."

(5) The date of issuance of the photo identification

card.

§ 1102.7. Immunity of witnesses.

(a) General rule.--Notwithstanding 42 Pa.C.S. § 5947

(relating to immunity of witnesses), immunity orders shall be

available under this section in proceedings before the

commission involving an investigation into public corruption.

(b) Request and issuance.--The commission may request an

immunity order from a judge of the court, and that judge shall

issue the order when, in the judgment of the commission, the

following criteria are satisfied:

20150SB0492PN0627 - 22 -

(1) The testimony or other information from a witness

may be necessary to the public interest.

(2) A witness has refused or is likely to refuse to

testify or provide other information on the basis of using

the privilege against self-incrimination.

or provide other information in a proceeding specified in

subsection (a) on the basis of the privilege against self-

incrimination and the person presiding at the proceeding

communicates to the witness an immunity order, the witness shall

not refuse to testify based on his privilege against self-

incrimination.

(d) Limitation on use.--No testimony or other information

compelled under an immunity order or information directly or

indirectly derived from the testimony or other information shall

be used against a witness in a criminal case except the

information may be used:

(1) in a prosecution under 18 Pa.C.S. § 4902 (relating

to perjury) or 4903 (relating to false swearing);

(2) in a contempt proceeding for failure to comply with

an immunity order; or

(3) as evidence in a proceeding where the witness is not

a criminal defendant where otherwise admissible.

(e) Civil contempt.--Persons failing to comply with an

immunity order may be adjudged in civil contempt and committed

to the county jail until complying with the order, provided that

the proceeding or the investigation or report involving a

proceeding where the refusal to comply with an immunity order

has been completed. Persons may purge themselves of contempt by

complying with the order before the commission notwithstanding

20150SB0492PN0627 - 23 -

the completion of the investigation or report.

(f) Criminal contempt.--In addition to civil contempt as

provided in subsection (e), a person who fails to comply with an

immunity order shall be guilty of criminal contempt and, upon

conviction, shall be sentenced to pay a fine of not more than

$5,000 or to imprisonment for not more than one year, or both.

(g) Notice, consultation and opportunity to object.--Prior

to seeking an immunity order, the commission shall require its

chief counsel to consult with the district attorney of an

affected county, the Attorney General and the United States

Attorney of an affected district in order to prevent

interference with an ongoing investigation. The results of the

consultation shall be reported to the commission before an

immunity order is sought under this section. The commission

shall give notice to a district attorney of an affected county,

the Attorney General or the United States Attorney of an

affected district of a request for an immunity order to be

submitted to a judge of the court. Any of the officers who

receive the notice may appear as a party and request a

reasonable delay or denial of the grant of immunity if an

immediate grant would jeopardize an investigation or

prosecution. In a proceeding under this section, the judge may

delay or deny the request for immunity if the judge determines,

in the exercise of judicial discretion, that an immunity order

will jeopardize an actual or pending investigation or

prosecution.

§ 1102.8. Enforcement of subpoenas.

(a) Application.--Upon the failure of a person subpoenaed

under section 1102.4(3) (relating to powers and duties of

commission) to obey the command of the subpoena or to be sworn

20150SB0492PN0627 - 24 -

or affirmed or to testify, an application may be made to the

court for the enforcement of the subpoena.

(b) Contempt.--If a person who has been ordered by the court

to comply with a subpoena issued under section 1102.4(3) fails

to obey the command of the order, an application may be made to

the court for the person to be brought before the court

authorized to proceed against the person for civil contempt of

court.

Section 4. Sections 1103 and 1104 of Title 65 are amended to

read:

§ 1103. Restricted activities.

(a) Conflict of interest.--No public official or public

employee shall engage in conduct that constitutes a conflict of

interest.

(b) Seeking improper influence.--No person shall offer or

give to a public official, public employee or nominee or

candidate for public office or a member of his or her immediate

family or a business with which [he] the public official, public

employee or nominee or candidate for public office is associated

anything of monetary value, including a gift, loan, political

contribution, reward or promise of future employment based on

the offeror's or donor's understanding that the vote, official

action or judgment of the public official or public employee or

nominee or candidate for public office would be influenced

thereby.

public employee or nominee or candidate for public office shall

solicit or accept anything of monetary value, including a gift,

loan, political contribution, reward or promise of future

employment, based on any understanding of [that] the public

20150SB0492PN0627 - 25 -

official, public employee or nominee that the vote, official

action or judgment of the public official or public employee or

nominee or candidate for public office would be influenced

thereby.

(d) Honorarium.--No public official or public employee shall

accept an honorarium.

(e) Contingent and severance payments.--

(1) No person shall solicit or accept a severance

payment or anything of monetary value contingent upon the

assumption or acceptance of public office or employment.

(2) This subsection shall not prohibit:

(i) Payments received pursuant to an employment

agreement in existence prior to the time a person becomes

a candidate or is notified by a member of a transition

team, a search committee or a person with appointive

power that [he] the person is under consideration for

public office or makes application for public employment.

(ii) Receipt of a salary, fees, severance payment or

proceeds resulting from the sale of a person's interest

in a corporation, professional corporation, partnership

or other entity resulting from termination or withdrawal

therefrom upon the assumption or acceptance of public

office or employment.

(3) Payments made or received pursuant to paragraph (2)

(i) and (ii) shall not be based on the agreement, written or

otherwise, that the vote or official action of the

prospective public official or employee would be influenced

thereby.

(f) Contract.--No public official or public employee or

[his] spouse or child of the public official or public employee

20150SB0492PN0627 - 26 -

or any business in which the person [or his], spouse or child is

associated shall enter into any contract valued at $500 or more

with the governmental body with which the public official or

public employee is associated or any subcontract valued at $500

or more with any person who has been awarded a contract with the

governmental body with which the public official or public

employee is associated unless the contract has been awarded

through an open and public process, including prior public

notice and subsequent public disclosure of all proposals

considered and contracts awarded. In such a case, the public

official or public employee shall not have any supervisory or

overall responsibility for the implementation or administration

of the contract. Any contract or subcontract made in violation

of this subsection shall be voidable by a court of competent

jurisdiction if the suit is commenced within 90 days of the

making of the contract or subcontract.

(g) Former official or employee.--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] the former public official or public employee

has been associated for one year after [he] the former public

official or public employee leaves that body.

(h) Misuse of statement of financial interest.--No person

shall use for any commercial purpose information copied from

statements of financial interests required by this chapter or

from lists compiled from such statements.

(i) Former executive-level employee.--No former executive-

level State employee may for a period of two years from the time

that [he] the executive-level State employee terminates

employment with this Commonwealth be employed by, receive

20150SB0492PN0627 - 27 -

compensation from, assist or act in a representative capacity

for a business or corporation that [he] the former executive-

level State employee actively participated in recruiting to this

Commonwealth or that [he] the former executive-level State

employee actively participated in inducing to open a new plant,

facility or branch in this Commonwealth or that he actively

participated in inducing to expand an existent plant or facility

within this Commonwealth, provided that the [above] prohibition

in this subsection shall be invoked only when the recruitment or

inducement is accomplished by a grant or loan of money or a

promise of a grant or loan of money from the Commonwealth to the

business or corporation recruited or induced to expand.

(j) Voting conflict.--

(1) Where voting conflicts are not otherwise addressed

by the Constitution of Pennsylvania or by any law, rule,

regulation, order or ordinance, the [following] procedure in

this subsection shall be employed.

(2) Any public official or public employee who in the

discharge of [his] official duties would be required to vote

on a matter that would result in a conflict of interest shall

abstain from voting and, prior to the vote being taken,

publicly announce and disclose the nature of [his] the

interest as a public record in a written memorandum filed

with the person responsible for recording the minutes of the

meeting at which the vote is taken, provided that whenever a

governing body would be unable to take any action on a matter

before it because the number of members of the body required

to abstain from voting under the provisions of this section

makes the majority or other legally required vote of approval

unattainable, then such members shall be permitted to vote if

20150SB0492PN0627 - 28 -

disclosures are made as otherwise provided herein.

(3) In the case of a three-member governing body of a

political subdivision, where one member has abstained from

voting as a result of a conflict of interest and the

remaining two members of the governing body have cast

opposing votes, the member who has abstained shall be

permitted to vote to break the tie vote if disclosure is made

as otherwise provided herein.

§ 1104. Statement of financial interests required to be filed.

(a) Public official or public employee.--Each public

official of the Commonwealth shall file a statement of financial

interests for the preceding calendar year with the commission no

later than May 1 of each year that [he] the public official

holds such a position and of the year after [he leaves such a]

leaving the position. Each public employee and public official

of the Commonwealth shall file a statement of financial

interests for the preceding calendar year with the department,

agency, body or bureau [in which he] where the public employee

is employed or to which [he] the public official is appointed or

elected no later than May 1 of each year that [he holds such a

position] the position is held by the public official or public

employee and of the year after [he leaves such a] leaving the

position. Any other public employee or public official shall

file a statement of financial interests with the governing

authority of the political subdivision [by which he is] where

employed [or within which he is], appointed or elected no later

than May 1 of each year [that he holds such a] when holding the

position and of the year after [he leaves such a] leaving the

position. Persons who are full-time or part-time solicitors for

political subdivisions are required to file under this section.

20150SB0492PN0627 - 29 -

(b) Candidate.--

(1) Any candidate for a State-level public office shall

file a statement of financial interests for the preceding

calendar year with the commission on or before the last day

for filing a petition to appear on the ballot for election. A

copy of the statement of financial interests shall also be

appended to such petition.

(2) Any candidate for county-level or local office shall

file a statement of financial interests for the preceding

calendar year with the governing authority of the political

subdivision in which [he is a candidate] the candidate is

running on or before the last day for filing a petition to

appear on the ballot for election. A copy of the statement of

financial interests shall also be appended to such petition.

(3) No petition to appear on the ballot for election

shall be accepted by the respective State or local election

officials unless the petition has appended thereto a

statement of financial interests as set forth in paragraphs

(1) and (2). Failure to file the statement in accordance with

the provisions of this chapter shall, in addition to any

other penalties provided, be a fatal defect to a petition to

appear on the ballot.

(1) Each State-level nominee for public office shall

file a statement of financial interests for the preceding

calendar year with the commission and with the official or

body that is vested with the power of confirmation at least

ten days before the official or body [shall approve or

reject] approves or rejects the nomination.

(2) Each nominee for a county-level or local office

20150SB0492PN0627 - 30 -

shall file a statement of financial interests for the

preceding calendar year with the governing authority of the

political subdivision in which he or she is a nominee and, if

different, with the official or body that is vested with the

power of confirmation at least ten days before the official

or body [shall approve or reject] approves or rejects the

nomination.

(d) Failure to file required statement.--No public official

shall be allowed to take the oath of office or enter or continue

upon [his duties] the duties of the office, nor shall [he] the

public official receive compensation from public funds, unless

[he] the public official has filed a statement of financial

interests as required by this chapter.

(e) Public inspection and copying.--All statements of

financial interests filed pursuant to the provisions of this

chapter shall be made available for public inspection and

copying during regular office hours, and copying facilities

shall be made available at a charge not to exceed actual cost.

Section 5. Sections 1106 and 1107 of Title 65 are repealed:

[§ 1106. State Ethics Commission.

(a) Continuation of commission.--The State Ethics Commission

established under the act of October 4, 1978 (P.L.883, No.170),

referred to as the Public Official and Employee Ethics Law, is

continued and shall be composed of seven members. The President

pro tempore of the Senate, the Minority Leader of the Senate,

the Speaker of the House and the Minority Leader of the House

shall each appoint one member. Three members shall be appointed

by the Governor without confirmation. No more than two of the

members appointed by the Governor shall be of the same political

party. No appointee shall have served as an officer in a

20150SB0492PN0627 - 31 -

political party for one year prior to his appointment.

(b) Term of service.--Members of the commission shall serve

for terms of three years, except that members shall continue to

serve until their successors are appointed and qualified.

to more than two full three-year terms on the commission.

(d) Prohibited activities.--No individual while a member or

employee of the commission shall:

(1) hold or campaign for any other public office;

(2) hold office in any political party or political

committee;

(3) actively participate in or contribute to any

political campaign;

(4) directly or indirectly attempt to influence any

decision by a governmental body other than a court of law or

as a representative of the commission on a matter within the

jurisdiction of the commission; or

(5) be employed by the Commonwealth or a political

subdivision in any other capacity, whether or not for

compensation.

(e) Vacancy.--A majority of the commission by resolution

shall declare vacant the position on the commission of any

member who takes part in activities prohibited by subsection

(d). An individual appointed to fill a vacancy occurring other

than by the expiration of a term of office shall be appointed

for the unexpired term of the member he succeeds and is eligible

for appointment to two full three-year terms thereafter. Any

vacancy occurring on the commission shall be filled within 30

days in the manner in which that position was originally filled.

(f) Election of chairman and vice chairman.--The commission

20150SB0492PN0627 - 32 -

shall elect a chairman and a vice chairman. The vice chairman

shall act as chairman in the absence of the chairman or in the

event of a vacancy in that position.

(g) Quorum.--Four members of the commission shall constitute

a quorum, and, except as provided in section 1108(g) (relating

to investigations by commission), the votes of a majority of the

members present are required for any action or recommendation of

the commission. The chairman or any four members of the

commission may call a meeting provided that advance written

notice is mailed to each member and to any person who requests

notice of such meetings.

(h) Compensation.--Members of the commission shall be

compensated at a rate of $250 per day and shall receive

reimbursement for their actual and necessary expenses while

performing the business of the commission.

(i) Staff.--The commission shall employ an executive

director, a chief counsel and such other staff as are necessary

to carry out its duties pursuant to this chapter. The executive

director shall be responsible for the administrative operations

of the commission and shall perform such other duties as may be

delegated or assigned to him by the commission, except that the

commission shall not delegate the making of regulations to the

executive director. The chief counsel shall be the chief legal

officer of the commission. The commission may obtain the

services of experts and consultants as necessary to carry out

its duties pursuant to this chapter. The State Treasurer and the

Attorney General shall make available to the commission such

personnel, facilities and other assistance as the commission may

request.

(j) Regulations.--The commission shall develop regulations

20150SB0492PN0627 - 33 -

that provide for a code of conduct to govern the activities and

ethical standards of its members, which code shall subject the

members of the commission to no less than is required for public

officials or public employees under this chapter.

§ 1107. Powers and duties of commission.

In addition to other powers and duties prescribed by law, the

commission shall:

(1) Prescribe and publish rules and regulations to carry

out the provisions of this chapter.

(2) Prescribe forms for statements and reports required

to be filed by this chapter and furnish such forms to persons

required to file such statements and reports.

(3) Prepare and publish guidelines setting forth

recommended uniform methods of accounting and reporting for

use by persons required to file statements and reports by

this chapter.

(4) Accept and file any information voluntarily supplied

that exceeds the requirements of this chapter.

(5) Inspect statements of financial interests which have

been filed in order to ascertain whether any reporting person

has failed to file such a statement or has filed a deficient

statement. If, upon inspection, it is determined that a

reporting person has failed to file a statement of financial

interests or that any statement which has been filed fails to

conform with the requirements of section 1105 (relating to

statement of financial interests), then the commission shall

in writing notify the person. Such notice shall state in

detail the deficiency and the penalties for failure to file

or for filing a deficient statement of financial interests.

(6) Provide that statements and reports filed with the

20150SB0492PN0627 - 34 -

commission be made available for public inspection and

copying during regular office hours and provide that copying

facilities be made available at a charge not to exceed actual

cost and advise other State and local agencies of the

provisions of this paragraph.

(7) Compile and maintain an index of all reports and

statements filed with the commission to facilitate public

access to such reports and statements and instruct other

State and local agencies which receive and file financial

interest statements in the maintenance of systems which

facilitate public access to such statements.

(8) Prepare and publish annual summaries of statements

and reports filed with the commission.

(9) Preserve statements and reports filed with the

commission for a period of five years from date of receipt

and advise other State and local agencies which receive and

store financial interest statements to preserve such

statements for a period of five years from date of receipt.

(10) Issue to any person upon such person's request or

to the appointing authority or employer of that person upon

the request of such appointing authority or employer an

opinion with respect to such person's duties under this

chapter. The commission shall, within 14 days, either issue

the opinion or advise the person who made the request whether

an opinion will be issued. No person who acts in good faith

on an opinion issued to him by the commission shall be

subject to criminal or civil penalties for so acting,

provided that the material facts are as stated in the opinion

request. The commission's opinions shall be public records

and may from time to time be published. The person requesting

20150SB0492PN0627 - 35 -

the opinion may, however, require that the opinion shall

contain such deletions and changes as shall be necessary to

protect the identity of the persons involved.

(11) Provide written advice to any person or the

appointing authority or employer of such person upon their

request with respect to such person's duties under this

chapter. Such advice shall be provided within 21 working days

of the request, provided that the time may be extended for

good cause. It shall be a complete defense in any enforcement

proceeding initiated by the commission and evidence of good

faith conduct in any other civil or criminal proceeding if

the requester, at least 21 working days prior to the alleged

violation, requested written advice from the commission in

good faith, disclosed truthfully all the material facts and

committed the acts complained of either in reliance on the

advice or because of the failure of the commission to provide

advice within 21 days of the request or such later extended

time. The person requesting the advice may, however, require

that the advice shall contain such deletions and changes as

shall be necessary to protect the identity of the persons

involved.

(12) Initiate an inquiry pursuant to section 1108(a)

(relating to investigations by commission) where a complaint

has not been filed but where there is a reasonable belief

that a conflict may exist.

(13) Issue findings, reports and orders relating to

investigations initiated pursuant to section 1108 which set

forth the alleged violation, findings of fact and conclusions

of law. An order may include recommendations to law

enforcement officials. Any order resulting from a finding

20150SB0492PN0627 - 36 -

that a public official or public employee has obtained a

financial gain in violation of this chapter may require the

restitution plus interest of that gain to the appropriate

governmental body. The commission or the Office of Attorney

General shall have standing to apply to the Commonwealth

Court to seek enforcement of an order requiring such

restitution. This restitution requirement shall be in

addition to any other penalties provided for in this chapter.

(14) Hold hearings, take testimony, issue subpoenas and

compel the attendance of witnesses.

(15) Make recommendations to law enforcement officials

either for criminal prosecution or dismissal of charges

arising out of violations of this chapter.

(16) Prepare and publish special reports, educational

materials and technical studies to further the purposes of

this chapter.

(17) Prepare and publish prior to June 1 of each year an

annual report summarizing the activities of the commission.

(18) Transmit, free of charge, copies of each order,

advice and opinion which has become a matter of public record

quarterly to the law library of each county, one public

library in each county, the State Library, the State Senate

Library, each authority appointing commission members under

this chapter, the Pennsylvania Association of County

Commissioners, the Pennsylvania Association of Boroughs, the

Pennsylvania State Association of Township Supervisors, the

Pennsylvania State Association of Township Commissioners, the

Pennsylvania School Boards Association and the Pennsylvania

League of Cities.

(19) Hold at least two public hearings each year, of

20150SB0492PN0627 - 37 -

which at least one shall be held in Harrisburg and at least

one shall be held in a location other than Harrisburg, to

seek input from persons and organizations who represent any

individual subject to the provisions of this chapter and from

other interested parties.]

Section 6. Sections 1108 and 1109(c) and (f) of Title 65 are

amended to read:

§ 1108. Investigations of violations of this chapter by

commission.

(a) Preliminary inquiry.--Upon a complaint signed under

penalty of perjury by any person or upon its own motion, the

commission[, through its executive director,] shall conduct a

preliminary inquiry into any alleged violation of [this

chapter.] section 1103 (relating to restricted activities), 1104

(relating to statement of financial interests required to be

filed) or 1105(a) (relating to statement of financial interests)

or this section. The commission shall keep information, records

and proceedings relating to a preliminary inquiry confidential.

The commission shall, however, have the authority to refer the

case [to law enforcement officials] for prosecution during a

preliminary inquiry or anytime thereafter without providing

notice to the subject of the inquiry. The commission shall

complete its preliminary inquiry within 60 days of its

initiation.

(b) Termination of preliminary inquiry.--If a preliminary

inquiry fails to establish reason to believe that [this chapter

has] section 1103, 1104 or 1105(a) or this section has been

violated, the commission shall terminate the inquiry and so

notify the complainant and the person who had been the subject

of the inquiry. If the commission determines that a complaint is

20150SB0492PN0627 - 38 -

frivolous, it shall so state.

establishes reason to believe that [this chapter has] section

1103, 1104 or 1105(a) or this section has been violated, the

commission may, through its executive director, initiate an

investigation to determine if there has been a violation. The

commission shall keep information, records and proceedings

relating to an investigation confidential until a final

determination is made, except as otherwise provided in

subsection (g). No investigation may be commenced until the

person who is the subject of the investigation has been notified

and provided a general statement of the alleged violation or

violations of this chapter and other applicable statutes with

respect to such investigation. Service of notice is complete

upon mailing which shall be by certified or registered mail. The

commission shall notify the complainant within 72 hours of the

commencement of an investigation, and, thereafter, the

commission shall advise the complainant and the person who is

the subject of the investigation of the status of the

investigation at least every 90 days until the investigation is

terminated. The commission shall, within 180 days of the

initiation of an investigation, either terminate the

investigation pursuant to subsection (d) or issue a findings

report pursuant to subsection (e). Upon a showing by the

executive director of the need for extension of this period, the

commission may extend an investigation for up to two 90-day

periods, provided that each 90-day extension shall be approved

by a majority vote of members present. In no event shall a

findings report be issued later than 360 days after initiation

of an investigation.

20150SB0492PN0627 - 39 -

(d) Termination of investigation.--If an investigation

conducted under this [chapter] section indicates that no

violation has been committed, the commission shall immediately

terminate the investigation and send written notice of such

determination to the complainant and the person who was the

subject of the investigation.

(e) Findings report.--The commission, upon the completion of

an investigation under this section, shall issue a findings

report to the subject of the investigation setting forth the

pertinent findings of fact. The subject shall have the right to

respond to said findings and to request an evidentiary hearing

on said matter. The commission shall grant any request for a

hearing. Said hearing shall be held in Harrisburg or, at the

request of the subject, in either Philadelphia or Pittsburgh.

Any response to the findings report must either admit or deny by

corresponding number and letter the pertinent facts set forth.

The subject of the investigation shall have access to any

evidence intended to be used by the commission at the hearing

and any exculpatory evidence developed by the commission in the

course of its investigation. Matters not specifically denied in

the response shall be deemed admitted. The response must be

filed within 30 days of the issuance of the findings report

unless the time period is extended by the commission for good

cause shown. Hearings conducted upon request shall be instituted

within 45 days after the filing of the response.

(f) Final order.--Within 30 days of the receipt by the

commission of the hearing record or, if no hearing is to be

held, within 30 days of the receipt by the commission of the

response to the findings report, the commission shall issue an

order which shall be final. Upon receipt of a final order, the

20150SB0492PN0627 - 40 -

subject shall have the right to file a petition for

reconsideration in accordance with the regulations of the

commission.

(g) Procedure for hearing.--Hearings conducted pursuant to

this section concerning an allegation that section 1103, 1104 or

1105(a) or this section has been violated shall be closed to the

public unless the subject requests an open hearing. Any person

who appears before the commission shall have all of the due

process rights, privileges and responsibilities of a party or

witness appearing before an administrative agency of this

Commonwealth. All witnesses summoned for such hearings shall

receive reimbursement for reasonable expenses in accordance with

42 Pa.C.S. § 5903 (relating to compensation and expenses of

witnesses). At the conclusion of a hearing concerning an alleged

violation and in a timely manner, the commission shall

deliberate on the evidence and determine whether there has been

a violation of [this chapter] section 1103, 1104 or 1105(a) or

this section. At least four members of the commission present at

a meeting must find a violation by clear and convincing proof.

The names of the members finding a violation and the names of

those dissenting and abstaining shall be listed in the order.

The determination of the commission, in the form of a final

order and findings of fact, shall be a matter of public record.

(h) Availability of final orders, files and records.--Orders

which become final in accordance with the provisions of this

section shall be available as public documents, but the files

and records of the commission relating to the case shall remain

confidential.

(i) Appeal.--Any person aggrieved by an opinion or order

which becomes final in accordance with the provisions of this

20150SB0492PN0627 - 41 -

[chapter] section who has direct interest in such opinion or

order shall have the right to appeal therefrom in accordance

with law and general rules.

(j) Retaliation prohibited.--No public official or public

employee shall discharge any official or employee or change his

official rank, grade or compensation or deny him a promotion or

threaten to do so for filing a complaint with or providing

information to the commission or testifying in any commission

proceeding. No member of the commission and no employee of the

commission shall discharge any employee of the commission or

change his official rank, grade or compensation or threaten to

do so for providing any information about the internal

operations of the commission, not required by law to be kept

secret, to any legislator or legislative staff member or

testifying in any legislative proceeding.

(k) Confidentiality.--As a general rule, no person shall

disclose or acknowledge to any other person any information

relating to a complaint, preliminary inquiry, investigation,

hearing or petition for reconsideration which is before the

commission. However, a person may disclose or acknowledge to

another person matters held confidential in accordance with this

subsection when the matters pertain to any of the following:

(1) final orders of the commission as provided in

subsection (h);

(2) hearings conducted in public pursuant to subsection

(g);

(3) for the purpose of seeking advice of legal counsel;

(4) filing an appeal from a commission order;

(5) communicating with the commission or its staff, in

the course of a preliminary inquiry, investigation, hearing

20150SB0492PN0627 - 42 -

or petition for reconsideration by the commission;

(6) consulting with a law enforcement official or agency

for the purpose of initiating, participating in or responding

to an investigation or prosecution by the law enforcement

official or agency;

(7) testifying under oath before a governmental body or

a similar body of the United States of America;

(8) any information, records or proceedings relating to

a complaint, preliminary inquiry, investigation, hearing or

petition for reconsideration which the person is the subject

of; or

(9) such other exceptions as the commission by

regulation may direct.

(l) Frivolous complaints and wrongful disclosure.--If a

public official or public employee has reason to believe the

complaint for a violation of section 1103, 1104 or 1105(a) or

this section is frivolous as defined by this chapter, or without

probable cause and made primarily for a purpose other than that

of reporting a violation of this chapter, or a person publicly

disclosed or caused to be disclosed that a complaint against the

public official or public employee has been filed with the

commission, the public official or public employee shall notify

the commission and the commission, through its executive

director, shall conduct an investigation.

(m) Limitation of time.--The commission may conduct an

investigation under this section within five years after the

alleged occurrence of any violation of this chapter.

§ 1109. Penalties.

* * *

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from violating any provision of [this chapter] section 1103

(relating to restricted activities), 1104 (relating to statement

of financial interests required to be filed), 1105(a) (relating

to statement of financial interests) or 1108 (relating to

investigations of violations of this chapter by commission), in

addition to any other penalty provided by law, shall pay a sum

of money equal to three times the amount of the financial gain

resulting from such violation into the State Treasury or the

treasury of the political subdivision. Treble damages shall not

be assessed against a person who acted in good faith reliance on

the advice of legal counsel.

* * *

(f) Civil penalty.--In addition to any other civil remedy or

criminal penalty provided for in this chapter, the commission

may, after notice has been served in accordance with section

[1107(5)] 1102.4(9) (relating to powers and duties of

commission) and upon a majority vote of its members, levy a

civil penalty upon any person subject to this chapter who fails

to file a statement of financial interests in a timely manner or

who files a deficient statement of financial interests, at a

rate of not more than $25 for each day such statement remains

delinquent or deficient. The maximum penalty payable under this

paragraph is $250.

* * *

Section 7. Title 65 is amended by adding a section to read:

§ 1109.1. Costs, restitution and forfeiture.

The commission shall be entitled to an equitable share, as

determined by the court, of:

(1) Assets seized or forfeited as a result, in whole or

in part, of an investigation by the commission.

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(2) Award of costs of prosecution or other fees or costs

awarded as a result of a conviction for any criminal offense

based, in whole or in part, on an investigation by the

commission.

Section 8. Section 1110 of Title 65 is amended to read:

§ 1110. Wrongful use of chapter.

(a) Liability.--A person who signs a complaint alleging a

violation of [this chapter] section 1103 (relating to restricted

activities), 1104 (relating to statement of financial interests

required to be filed), 1105(a) (relating to statement of

financial interests) or 1108 (relating to investigations of

violations of this chapter by commission) against another is

subject to liability for wrongful use of this chapter if:

(1) the complaint was frivolous, as defined by this

chapter, or without probable cause and made primarily for a

purpose other than that of reporting a violation of this

chapter; or

(2) he publicly disclosed or caused to be disclosed that

a complaint against a person had been filed with the

commission.

(b) Probable cause.--A person who signs a complaint alleging

a violation of [this chapter] section 1103, 1104, 1105(a) or

1108 has probable cause for doing so if he reasonably believes

in the existence of the facts upon which the claim is based and

either:

(1) reasonably believes that under those facts the

complaint may be valid under this chapter; or

(2) believes to this effect in reliance upon the advice

of counsel, sought in good faith and given after full

disclosure of all relevant facts within his knowledge and

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information.

that a complainant has violated the provisions set forth in

subsection (a), the commission, upon receiving a written request

from the subject of the complaint, shall provide the name and

address of the complainant to said subject. If the commission

determines that a complainant has not violated the provisions of

subsection (a), the commission shall notify the subject

accordingly. The subject shall have the right to appeal the

commission's determination, and the commission shall schedule an

appeal hearing. The subject shall show cause why the complainant

violated the provisions of this section. If the commission

grants the appeal, the commission shall immediately release the

complainant's name and address to the subject. If the commission

denies the appeal, it shall present evidence why the

complainant's name and address shall not be released.

(d) Damages.--When the essential elements of an action

brought pursuant to this section have been established, the

plaintiff is entitled to recover for the following:

(1) The harm to his reputation by a defamatory matter

alleged as the basis of the proceeding.

(2) The expenses, including any reasonable attorney

fees, that he has reasonably incurred in proceedings before

the commission.

(3) Any specific pecuniary loss that has resulted from

the proceedings.

(4) Any emotional distress that has been caused by the

proceedings.

(5) Any punitive damages according to law in appropriate

cases.

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Section 9. Title 65 is amended by adding sections to read:

§ 1110.1. Disclosure of executive session testimony and

investigative records.

No testimony taken in executive session, a part thereof or a

summary thereof and no investigative record, a part thereof or a

summary thereof may be released or disclosed to a person either

orally or in writing by a commissioner or employee of the

commission without the authorization of the commission.

§ 1110.2. Privileged statements and reports.

A statement or disclosure of information made by a

commissioner or an employee of the commission during the course

of a hearing or official proceeding and a report issued by the

commission before the General Assembly or to another law

enforcement agency shall be absolutely privileged. The privilege

shall be an absolute defense to an action for invasion of

privacy, defamation or other civil or criminal action.

§ 1110.3. Commission disclosure of economic interests.

(a) Disclosure statement.--As of the date of appointment to

the commission and on or before March 15 of each following year,

each commissioner shall file with the Governor, the Secretary of

the Senate and the Chief Clerk of the House of Representatives

for the preceding calendar year a sworn statement of economic

interests. The economic interests statement shall contain the

information required under subsection (e). Once the economic

interests statement has been filed under this chapter, the

statement shall be updated annually by filing a supplemental

statement. The economic interests of a spouse or child of a

commissioner who is under 18 years of age shall be deemed an

economic interest of a commissioner.

(b) Record.--The Governor, the Secretary of the Senate and

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the Chief Clerk of the House of Representatives shall maintain

the economic interests statements filed by commissioners as

public records which shall be open for public examination and

copying, at cost, at all reasonable times. The economic

interests statements shall remain on file for five years from

the initial date of filing.

regulations to be published in the Pennsylvania Bulletin

regarding economic disclosure requirements for employees of the

commission.

(d) Penalties.--In addition to other penalties imposed by

law for false swearing, neglect or refusal of a commissioner or

employee to file a complete and accurate economic interests

statement under the requirements of this section or the willful

filing of an inaccurate statement shall constitute misfeasance

in office in the case of commissioners and shall constitute

grounds for dismissal in the case of employees.

(e) Contents.--The sworn economic interests statement shall

contain:

(1) The identity of offices and directorships by name.

(2) An identifying description of real estate in this

Commonwealth in which the commissioner or a member of the

commissioner's household has an interest, direct or indirect,

including an option to buy, provided that a commissioner's

primary place of residence shall not be included.

(3) The name of each creditor to whom the commissioner

or a member of the commissioner's household owes money in

excess of $6,500, the category of the amount owed and the

interest rate, provided that loans or credit extended between

members of the immediate family and a mortgage upon the

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commissioner's primary place of residence shall not be

included.

(4) The name of each business, insurance policy or trust

in which the commissioner or a member of the commissioner's

household has a financial interest and the nature and

category of the amount of the interest.

(5) The source, by name, and category of the amounts of

income in excess of $1,300, including capital gains, whether

or not taxable, received by the commissioner or a member of

the commissioner's household during the preceding year.

(6) A list of businesses with which a commissioner is

associated that do business with or are regulated by the

Commonwealth and a description of the nature of the business

or regulation.

(7) A salary, fee, commission or other income, listed in

dollar amount or value, received by a commissioner from a

political subdivision of this Commonwealth or an agency of

the Commonwealth, other than the commission, including the

name of the political subdivision or agency or from an entity

which maintains a person required to be registered as a

lobbyist under any law requiring the registration.

(f) Amounts.--Where an amount is required to be reported by

category, the individual shall report whether the amount is less

than $5,000, at least $5,000 but less than $10,000, at least

$10,000 but less than $25,000 or $25,000 or more. An amount of

stock may be reported by number of shares instead of by category

of dollar value.

(g) Additional disclosure.--No provision of this chapter

shall be interpreted to prevent a person from filing more

information or more detailed information than required on an

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economic interests statement.

§ 1111.1. Applicable statutes.

The provisions of Chapters 7 (relating to open meetings) and

11 (relating to ethics standards and financial disclosure) shall

apply to the commission except as otherwise provided in this

chapter.

Section 10. This act shall take effect in 60 days.

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