HOUSE AMENDED
PRIOR PRINTER'S NOS. 1649, 1670 PRINTER'S NO. 2122
No. 1320 Session of 1978
INTRODUCED BY O'PAKE, STOUT, DUFFIELD, KELLEY, SNYDER, EARLY,
SCHAEFER, ZEMPRELLI, REIBMAN, JUBELIRER AND STAPLETON,
MARCH 1, 1978
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, SEPTEMBER 12, 1978
AN ACT
1 Amending the act of August 31, 1966 (1st Sp.Sess., P.L.47, <--
2 No.3), entitled "An act providing for the assignment of
3 former judges learned in the law to sit temporarily in the
4 courts of any judicial district for the disposal of business,
5 and providing for their compensation," providing that nothing
6 in this act shall be construed as prohibiting any former
7 judge from serving without compensation.
8 ESTABLISHING THE PENNSYLVANIA CRIME COMMISSION AND PROVIDING FOR <--
9 ITS POWERS AND DUTIES.
10 TABLE OF CONTENTS
11 SECTION 1. SHORT TITLE.
12 SECTION 2. DEFINITIONS.
13 SECTION 3. CREATION OF COMMISSION; MEMBERSHIP;
14 COMPENSATION; VACANCIES; REMOVAL.
15 SECTION 4. POWERS AND DUTIES.
16 SECTION 5. LIMITATIONS ON ACTIVITIES BY COMMISSION MEMBERS
17 AND EMPLOYEES.
18 SECTION 6. IMMUNITY OF WITNESSES.
19 SECTION 7. ENFORCEMENT OF SUBPOENAS.
20 SECTION 8. DISCLOSURE OF EXECUTIVE SESSION TESTIMONY AND
1 INVESTIGATIVE RECORDS.
2 SECTION 9. PRIVILEGED STATEMENTS AND REPORTS.
3 SECTION 10. DISCLOSURE OF FINANCIAL INTERESTS.
4 SECTION 11. TERMINATION.
5 SECTION 12. REPEALS.
6 SECTION 13. EFFECTIVE DATE.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Section 6, act of August 31, 1966 (1st Sp.Sess., <--
10 P.L.47, No.3), entitled "An act providing for the assignment of
11 former judges learned in the law to sit temporarily in the
12 courts of any judicial district for the disposal of business,
13 and providing for their compensation," is amended to read:
14 Section 6. (a) When any former judge, learned in the law,
15 is assigned as provided by this act to assist the judge or
16 judges of any judicial district, the former judge so assigned
17 shall be entitled to receive, for each day he is actually
18 engaged in the performance of such duty, the sum of seventy-five
19 dollars ($75) per day and the actual traveling expenses not in
20 excess of ten cents (10¢) for each mile traveled to and from the
21 place of holding court in such district.
22 (b) Nothing in this section shall be construed as
23 prohibiting any former judge from serving without compensation
24 if he is willing to do so.
25 Section 2. This act shall take effect immediately.
26 SECTION 1. SHORT TITLE. <--
27 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE "PENNSYLVANIA
28 CRIME COMMISSION ACT."
29 SECTION 2. DEFINITIONS.
30 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
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1 HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
2 MEANINGS GIVEN TO THEM IN THIS SECTION:
3 "COMMISSION." THE PENNSYLVANIA CRIME COMMISSION.
4 "COURT." THE COMMONWEALTH COURT.
5 "IMMUNITY ORDER." AN ORDER ISSUED PURSUANT TO THIS ACT BY
6 THE COMMONWEALTH COURT DIRECTING A WITNESS TO TESTIFY OR PRODUCE
7 OTHER INFORMATION OVER A CLAIM OF PRIVILEGE AGAINST SELF
8 INCRIMINATION.
9 "ORGANIZED CRIME." THE UNLAWFUL ACTIVITY OF AN ASSOCIATION
10 TRAFFICKING IN ILLEGAL GOODS OR SERVICES, INCLUDING BUT NOT
11 LIMITED TO GAMBLING, PROSTITUTION, LOAN SHARKING, CONTROLLED
12 SUBSTANCES, LABOR RACKETEERING OR OTHER UNLAWFUL ACTIVITIES OR
13 ANY CONTINUING CRIMINAL CONSPIRACY OR OTHER UNLAWFUL PRACTICE
14 WHICH HAS AS ITS OBJECTIVE LARGE ECONOMIC GAIN THROUGH
15 FRAUDULENT OR COERCIVE PRACTICES OR IMPROPER GOVERNMENTAL
16 INFLUENCE.
17 "PUBLIC CORRUPTION." THE UNLAWFUL ACTIVITY OF ANY PUBLIC
18 OFFICIAL OR PUBLIC EMPLOYEE UNDER COLOR OF OR IN CONNECTION WITH
19 ANY PUBLIC OFFICE OR EMPLOYMENT OR ANY CANDIDATE FOR PUBLIC
20 OFFICE OF THE AGENT OF ANY CANDIDATE FOR PUBLIC OFFICE UNDER
21 COLOR OF OR IN CONNECTION WITH ANY PUBLIC OFFICE OR EMPLOYMENT.
22 SECTION 3. CREATION OF COMMISSION; MEMBERSHIP; COMPENSATION;
23 VACANCIES; REMOVAL.
24 (A) THE PENNSYLVANIA CRIME COMMISSION SHALL CONSIST OF FIVE
25 MEMBERS TO BE KNOWN AS COMMISSIONERS.
26 (B) ONE MEMBER OF THE COMMISSION SHALL BE APPOINTED BY THE
27 GOVERNOR, ONE BY THE PRESIDENT PRO TEMPORE OF THE SENATE, ONE BY
28 THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, ONE BY THE MINORITY
29 LEADER OF THE SENATE AND ONE BY THE MINORITY LEADER OF THE HOUSE
30 OF REPRESENTATIVES.
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1 (C) OF THE ORIGINAL MEMBERS, THE MEMBER APPOINTED BY THE
2 GOVERNOR SHALL SERVE FOR AN INITIAL TERM OF ONE YEAR, THE TWO
3 MEMBERS APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES
4 AND THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES
5 RESPECTIVELY SHALL SERVE FOR AN INITIAL TERM OF TWO YEARS AND
6 THE TWO MEMBERS APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE
7 SENATE AND THE MINORITY LEADER OF THE SENATE RESPECTIVELY SHALL
8 SERVE FOR AN INITIAL TERM OF THREE YEARS. THEREAFTER EACH
9 APPOINTMENT PROVIDED FOR BY THIS ACT SHALL BE FOR A TERM OF
10 THREE YEARS AND SUCH APPOINTMENTS SHALL BE MADE IN THE SAME
11 MANNER AS THE ORIGINAL APPOINTMENTS. NOT MORE THAN THREE
12 COMMISSIONERS SHALL BE MEMBERS OF THE SAME POLITICAL PARTY.
13 (D) COMMISSIONERS SHALL RECEIVE $50 A DAY COMPENSATION FOR
14 THEIR SERVICES. EXPENSES INCURRED BY THE EXECUTIVE DIRECTOR OR
15 OTHER EMPLOYEES SHALL BE ALLOWED AND PAID ON THE PRESENTATION OF
16 ITEMIZED VOUCHERS THEREFOR AND APPROVED BY THE COMMISSION.
17 (E) ALL VACANCIES SHALL BE FILLED, FOR THE REMAINDER OF THE
18 UNEXPIRED TERM IN THE SAME MANNER AS ORIGINAL APPOINTMENTS. ANY
19 COMMISSIONER, UPON THE EXPIRATION OF HIS TERM, SHALL CONTINUE TO
20 HOLD OFFICE UNTIL HIS SUCCESSOR SHALL BE DULY APPOINTED.
21 (F) EXCEPT AS AUTHORIZED PURSUANT TO THIS SUBSECTION, NO
22 COMMISSIONER MAY BE REMOVED FROM OFFICE DURING HIS TERM. THE
23 GOVERNOR MAY, UPON A CLEAR AND CONVINCING EVIDENCE OF
24 MISFEASANCE OR MALFEASANCE IN OFFICE OR NEGLECT OF DUTY, REMOVE
25 A COMMISSIONER PRIOR TO THE EXPIRATION OF HIS TERM. THE GOVERNOR
26 SHALL PROVIDE THE COMMISSIONER SO REMOVED WITH A DETAILED
27 WRITTEN STATEMENT OF THE REASONS FOR HIS REMOVAL. A COMMISSIONER
28 SO REMOVED MAY PETITION THE COMMONWEALTH COURT FOR REINSTATEMENT
29 WITHIN TEN DAYS OF HIS REMOVAL. THE COURT SHALL HOLD AN
30 EXPEDITED HEARING AND RENDER A DECISION WITHIN 30 DAYS AFTER
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1 SAID HEARING OR AS SOON THEREAFTER AS MAY BE PRACTICABLE. THERE
2 SHALL BE NO APPEAL FROM THE DECISION OF THE COMMONWEALTH COURT.
3 ANY DECISION OF THE COMMONWEALTH COURT ADVERSE TO A COMMISSIONER
4 SO REMOVED SHALL CREATE A VACANCY WHICH SHALL BE FILLED PURSUANT
5 TO SUBSECTION (E).
6 SECTION 4. POWERS AND DUTIES.
7 THE PENNSYLVANIA CRIME COMMISSION SHALL HAVE THE POWER AND
8 ITS DUTY SHALL BE:
9 (1) TO INQUIRE INTO ORGANIZED CRIME AND ACTIVITIES OF
10 PERSONS ENGAGED IN OR ASSOCIATED WITH ORGANIZED CRIME.
11 (2) TO INQUIRE INTO PUBLIC CORRUPTION AND THE ACTIVITIES
12 OF PERSONS ENGAGED IN AND ASSOCIATED WITH PUBLIC CORRUPTION.
13 (3) TO MAKE A DETAILED WRITTEN REPORT OF EVERY COMPLETED
14 INVESTIGATION WHICH MAY INCLUDE RECOMMENDATION FOR
15 LEGISLATIVE OR ADMINISTRATIVE ACTION.
16 (4) TO ACCOUNT TO THE GOVERNOR, THE AUDITOR GENERAL AND
17 THE GENERAL ASSEMBLY AT THE END OF EACH FISCAL YEAR FOR ALL
18 MONEYS RECEIVED AND DISBURSED.
19 (5) TO SUBMIT, DURING APRIL OF EACH CALENDAR YEAR, AN
20 ANNUAL REPORT ON THE STATUS OF ORGANIZED CRIME IN THE
21 COMMONWEALTH TO A JOINT PUBLIC HEARING OF THE JUDICIARY
22 COMMITTEE OF THE SENATE AND THE HOUSE OF REPRESENTATIVES. IN
23 ADDITION THE COMMISSION SHALL SUBMIT OTHER REPORTS PREPARED
24 PURSUANT TO THIS SECTION AND TO PRESENT SAID REPORTS AT
25 PUBLIC HEARINGS OF THE COMMITTEES OF THE SENATE AND THE HOUSE
26 OF REPRESENTATIVES HAVING OVERSIGHT RESPONSIBILITIES OR
27 APPROPRIATE LEGISLATIVE JURISDICTION OF THE SUBJECT MATTER OF
28 SAID REPORTS.
29 (6) THROUGH ITS CHAIRMAN, TO CALL UPON THE DEPARTMENT
30 HEADS OF STATE GOVERNMENT AND STATE AGENCIES FOR SUCH
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1 INFORMATION AND ASSISTANCE AS IS NEEDED TO CARRY OUT THE
2 FUNCTIONS OF THE COMMISSION.
3 (7) TO REQUIRE THE ATTENDANCE AND TESTIMONY OF WITNESSES
4 AND THE PRODUCTION OF DOCUMENTARY EVIDENCE RELATIVE TO ANY
5 INVESTIGATION WHICH THE COMMISSION MAY CONDUCT IN ACCORDANCE
6 WITH THE POWERS GIVEN IT. SUCH SUBPOENAS SHALL BE SIGNED BY
7 THE CHAIRMAN, THE EXECUTIVE DIRECTOR AND TWO COMMISSIONERS
8 AND SHALL BE SERVED BY ANY PERSON AUTHORIZED TO SERVE
9 SUBPOENAS UNDER THE LAWS OF THE COMMONWEALTH.
10 (8) TO APPOINT AND FIX THE COMPENSATION OF AN EXECUTIVE
11 DIRECTOR WHO SHALL DEVOTE HIS FULL TIME TO THE GENERAL
12 SUPERVISION OF ALL INVESTIGATIONS AND PROCEEDINGS BY THE
13 COMMISSION.
14 (9) TO APPOINT AND FIX THE COMPENSATION OF SUCH OTHER
15 EMPLOYEES AS THE COMMISSION MAY FROM TIME TO TIME FIND
16 NECESSARY FOR THE PROPER PERFORMANCE OF THE FUNCTIONS OF THE
17 COMMISSION. INVESTIGATIVE EMPLOYEES OF THE COMMISSION SHALL
18 BE DEEMED LAW ENFORCEMENT OFFICERS.
19 (10) TO COMPILE AND PUBLISH RULES FOR THE CALLING OF
20 MEETINGS AND TO CARRY OUT THE PROVISIONS OF THIS ACT. SUCH
21 RULES MAY BE ALTERED OR AMENDED AT ANY TIME BUT SHALL NOT
22 TAKE EFFECT UNTIL FILED WITH THE SECRETARY OF THE
23 COMMONWEALTH.
24 (11) TO PERFORM SUCH OTHER ACTS AS ARE NECESSARY FOR THE
25 PROPER FUNCTIONING OF THE COMMISSION.
26 SECTION 5. LIMITATIONS ON ACTIVITIES BY COMMISSION MEMBERS AND
27 EMPLOYEES.
28 (A) A COMMISSIONER SHALL NOT HOLD ANY ELECTIVE PUBLIC
29 OFFICE.
30 (B) A COMMISSIONER OR ANY EMPLOYEE OF THE COMMISSION SHALL
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1 NOT ENGAGE IN ANY PARTISAN ACTIVITY, OTHER THAN VOTING AND
2 MAKING, BUT NOT SOLICITING CONTRIBUTIONS TO CANDIDATES FOR
3 OFFICE.
4 SECTION 6. IMMUNITY OF WITNESSES.
5 (A) IMMUNITY ORDERS SHALL BE AVAILABLE UNDER THIS SECTION IN
6 ALL PROCEEDINGS BEFORE THE PENNSYLVANIA CRIME COMMISSION.
7 (B) THE COMMISSION MAY REQUEST AN IMMUNITY ORDER FROM ANY
8 JUDGE OF THE COMMONWEALTH COURT AND SAID JUDGE SHALL ISSUE AN
9 IMMUNITY ORDER WHEN IN THE JUDGEMENT OF THE COMMISSION:
10 (1) THE TESTIMONY OR OTHER INFORMATION FROM A WITNESS
11 MAY BE NECESSARY TO THE PUBLIC INTEREST, AND
12 (2) A WITNESS HAS REFUSED OR IS LIKELY TO REFUSE TO
13 TESTIFY OR PROVIDE OTHER INFORMATION ON THE BASIS OF HIS
14 PRIVILEGE AGAINST SELF-INCRIMINATION.
15 (C) WHENEVER A WITNESS REFUSES, ON THE BASIS OF HIS
16 PRIVILEGE AGAINST SELF-INCRIMINATION, TO TESTIFY OR PROVIDE
17 OTHER INFORMATION IN A PROCEEDING SPECIFIED IN SUBSECTION (A),
18 AND ANY COMMISSIONER PRESIDING AT SUCH PROCEEDING COMMUNICATES
19 TO THE WITNESS AN IMMUNITY ORDER, THAT WITNESS MAY NOT REFUSE TO
20 TESTIFY BASED ON HIS PRIVILEGE AGAINST SELF-INCRIMINATION.
21 (D) NO TESTIMONY OR OTHER INFORMATION COMPELLED UNDER AN
22 IMMUNITY ORDER, OR ANY INFORMATION DIRECTLY OR INDIRECTLY
23 DERIVED FROM SUCH TESTIMONY OR OTHER INFORMATION, MAY BE USED
24 AGAINST A WITNESS IN ANY CRIMINAL CASE, EXCEPT THAT SUCH
25 INFORMATION MAY BE USED:
26 (1) IN A PROSECUTION UNDER 18 PA.C.S. § 4902 (RELATING
27 TO PERJURY) OR UNDER 18 PA.C.S. § 4903 (RELATING TO FALSE
28 SWEARING),
29 (2) IN A CONTEMPT PROCEEDING FOR FAILURE TO COMPLY WITH
30 AN IMMUNITY ORDER, OR
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1 (3) AS EVIDENCE, WHERE OTHERWISE ADMISSIBLE, IN ANY
2 PROCEEDING WHERE THE WITNESS IS NOT A CRIMINAL DEFENDANT.
3 (E) ANY PERSON WHO SHALL FAIL TO COMPLY WITH AN IMMUNITY
4 ORDER MAY BE ADJUDGED IN CIVIL CONTEMPT AND COMMITTED TO A
5 COUNTY JAIL BY THE ISSUING JUDGE UNTIL SUCH TIME AS SAID PERSON
6 SHALL PURGE HIMSELF OF CONTEMPT BY COMPLYING WITH THE IMMUNITY
7 ORDER. PROVIDED HOWEVER, IF THE PROCEEDING OR THE INVESTIGATION
8 OR REPORT INVOLVING ANY PROCEEDING WHEREIN SAID PERSON REFUSED
9 TO COMPLY WITH AN IMMUNITY ORDER HAS BEEN COMPLETED, SAID PERSON
10 MAY PURGE HIMSELF OF CONTEMPT BY COMPLYING WITH SAID ORDER
11 BEFORE THE COMMISSION NOTWITHSTANDING THE COMPLETION OF SAID
12 INVESTIGATION OR REPORT.
13 (F) PRIOR TO SEEKING AN IMMUNITY ORDER, THE COMMISSION SHALL
14 REQUIRE THE EXECUTIVE DIRECTOR TO CONSULT WITH THE ATTORNEY
15 GENERAL, THE DISTRICT ATTORNEY OF ANY AFFECTED COUNTY, AND THE
16 UNITED STATES ATTORNEY OF ANY AFFECTED DISTRICT IN ORDER TO
17 PREVENT ANY INTERFERENCE WITH ANY OF THEIR INVESTIGATIONS. THE
18 RESULTS OF THE CONSULTATION SHALL BE REPORTED TO THE COMMISSION
19 BEFORE ANY IMMUNITY ORDER IS SOUGHT PURSUANT TO THIS SECTION. IN
20 ADDITION THE COMMISSION SHALL GIVE NOTICE TO THE ATTORNEY
21 GENERAL, THE UNITED STATES ATTORNEY OF ANY AFFECTED DISTRICT AND
22 ANY DISTRICT ATTORNEY OF ANY AFFECTED COUNTY OF ANY REQUEST FOR
23 AN IMMUNITY ORDER TO BE SUBMITTED TO A JUDGE OF THE COMMONWEALTH
24 COURT. ANY SUCH OFFICER MAY APPEAR AS A PARTY AND REQUEST A
25 REASONABLE DELAY OR DENIAL OF THE GRANT OF IMMUNITY IF AN
26 IMMEDIATE GRANT WOULD JEOPARDIZE AN INVESTIGATION OR
27 PROSECUTION. THE JUDGE MAY, IN A PROCEEDING UNDER THIS SECTION,
28 DELAY OR DENY THE REQUEST FOR IMMUNITY IF HE DETERMINES, IN THE
29 EXERCISE OF HIS DISCRETION THAT AN IMMUNITY ORDER WILL
30 JEOPARDIZE AN ACTUAL OR PENDING INVESTIGATION OR PROSECUTION.
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1 SECTION 7. ENFORCEMENT OF SUBPOENAS.
2 IF ANY PERSON SUBPOENAED PURSUANT TO SECTION 4(7) SHALL
3 NEGLECT OR REFUSE TO OBEY THE COMMAND OF THE SUBPOENA, ANY JUDGE
4 OF THE COMMONWEALTH COURT, UPON REQUEST OF THE COMMISSION, AND
5 ON PROOF OF AFFIDAVIT OF SERVICE OF THE SUBPOENA, PAYMENT OR
6 TENDER OF ANY FEES REQUIRED AND OF REFUSAL OR NEGLECT BY THE
7 PERSON TO OBEY THE COMMAND OF THE SUBPOENA MAY ISSUE A WARRANT
8 FOR THE ARREST OF SAID PERSON TO BRING HIM BEFORE SAID JUDGE,
9 WHO IS AUTHORIZED TO PROCEED AGAINST SAID PERSON AS FOR A CIVIL
10 CONTEMPT OF COURT.
11 SECTION 8. DISCLOSURE OF EXECUTIVE SESSION TESTIMONY AND
12 INVESTIGATIVE RECORDS.
13 NO TESTIMONY TAKEN IN EXECUTIVE SESSION, ANY PART THEREOF, OR
14 ANY SUMMARY THEREOF AND NO INVESTIGATIVE RECORD, ANY PART
15 THEREOF, OR ANY SUMMARY THEREOF, SHALL BE RELEASED OR DISCLOSED
16 TO ANY PERSON EITHER ORALLY OR IN WRITING BY ANY COMMISSIONER OR
17 EMPLOYEE OF THE COMMISSION WITHOUT THE AUTHORIZATION OF THE
18 COMMISSION.
19 SECTION 9. PRIVILEGED STATEMENTS AND REPORTS.
20 ANY STATEMENT OF DISCLOSURE OF INFORMATION MADE BY A
21 COMMISSIONER OR AN EMPLOYER OF THE COMMISSION DURING THE COURSE
22 OF ANY COMMISSION HEARING OR OFFICIAL PROCEEDING AND ANY REPORT
23 ISSUED BY THE COMMISSION SHALL BE ABSOLUTELY PRIVILEGED AND SUCH
24 PRIVILEGE SHALL BE AN ABSOLUTE DEFENSE TO ANY ACTION FOR
25 INVASION OF PRIVACY, DEFAMATION OR OTHER CIVIL OR CRIMINAL
26 ACTION.
27 SECTION 10. DISCLOSURE OF FINANCIAL INTERESTS.
28 (A) EACH COMMISSIONER, AS OF THE DATE OF APPOINTMENT TO THE
29 COMMISSION AND ON OR BEFORE MARCH 15TH OF EACH FOLLOWING YEAR,
30 SHALL FILE WITH THE GOVERNOR, THE SECRETARY OF THE SENATE AND
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1 THE CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES FOR THE
2 PRECEDING CALENDAR YEAR A SWORN STATEMENT OF FINANCIAL
3 INTERESTS. THE FINANCIAL STATEMENT SHALL CONTAIN THE INFORMATION
4 REQUIRED PURSUANT TO SUBSECTION (E). ONCE AN ECONOMIC INTEREST
5 STATEMENT HAS BEEN FILED UNDER THIS ACT, SUCH STATEMENT SHALL BE
6 UPDATED ANNUALLY BY FILING A SUPPLEMENTAL STATEMENT THERETO. THE
7 FINANCIAL INTERESTS OF A SPOUSE OR CHILD, UNDER 18 YEARS OF AGE,
8 OF A COMMISSIONER SHALL BE DEEMED A FINANCIAL INTEREST OF A
9 COMMISSIONER.
10 (B) THE GOVERNOR, THE SECRETARY OF THE SENATE AND THE CHIEF
11 CLERK OF THE HOUSE OF REPRESENTATIVES SHALL MAINTAIN ALL
12 DISCLOSURE STATEMENTS FILED BY COMMISSIONERS AS PUBLIC RECORDS
13 WHICH SHALL BE OPEN FOR PUBLIC EXAMINATION AND COPYING, AT COST,
14 AT ALL REASONABLE TIMES. SUCH DISCLOSURE STATEMENTS SHALL REMAIN
15 ON FILE FOR FIVE YEARS FROM THE INITIAL DATE OF FILING.
16 (C) THE COMMISSION SHALL PROMULGATE, BY REGULATION, TO BE
17 PUBLISHED IN THE PENNSYLVANIA BULLETIN, FINANCIAL DISCLOSURE
18 REQUIREMENTS FOR EMPLOYEES OF THE COMMISSION.
19 (D) IN ADDITION TO ANY OTHER PENALTIES IMPOSED BY LAW FOR
20 FALSE SWEARING, NEGLECT OR REFUSAL OF ANY COMMISSIONER OR
21 EMPLOYEE TO FILE A COMPLETE AND ACCURATE FINANCIAL STATEMENT
22 PURSUANT TO THE REQUIREMENTS OF THIS SECTION OR THE WILLFUL
23 FILING OF AN INACCURATE STATEMENT SHALL, IN THE CASE OF
24 COMMISSIONERS, CONSTITUTE MISFEASANCE IN OFFICE, AND SHALL, IN
25 THE CASE OF EMPLOYEES, CONSTITUTE GROUNDS FOR DISMISSAL.
26 (E) THE SWORN FINANCIAL DISCLOSURE STATEMENT SHALL CONTAIN:
27 (1) THE IDENTITY, BY NAME, OF ALL OFFICES AND
28 DIRECTORSHIPS.
29 (2) AN IDENTIFYING DESCRIPTION OF ALL REAL ESTATE IN THE
30 COMMONWEALTH IN WHICH HE OR A MEMBER OF HIS HOUSEHOLD HAS ANY
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1 INTEREST, DIRECT OR INDIRECT, INCLUDING AN OPTION TO BUY,
2 PROVIDED A COMMISSIONER'S PRIMARY PLACE OF RESIDENCE SHALL
3 NOT BE INCLUDED.
4 (3) THE NAME OF EACH CREDITOR TO WHOM HE OR A MEMBER OF
5 HIS HOUSEHOLD OWES MONEYS IN EXCESS OF $5,000, THE CATEGORY
6 OF THE AMOUNT OWED, AND THE INTEREST RATE, PROVIDED FURTHER
7 THAT LOANS OR CREDIT EXTENDED BETWEEN MEMBERS OF THE
8 IMMEDIATE FAMILY AND ANY MORTGAGE UPON THE COMMISSIONER'S
9 PRIMARY PLACE OF RESIDENCE SHALL NOT BE INCLUDED.
10 (4) THE NAME OF EACH BUSINESS, INSURANCE POLICY, OR
11 TRUST IN WHICH HE OR A MEMBER OF HIS HOUSEHOLD HAS A
12 FINANCIAL INTEREST, AND THE NATURE AND CATEGORY OF THE AMOUNT
13 OF SUCH INTEREST.
14 (5) THE SOURCE, BY NAME, AND CATEGORY OF THE AMOUNTS OF
15 ANY INCOME IN EXCESS OF $1,000, INCLUDING CAPITAL GAINS,
16 WHETHER OR NOT TAXABLE, RECEIVED BY HIM OR A MEMBER OF HIS
17 HOUSEHOLD DURING THE PRECEDING YEAR.
18 (6) A LIST OF BUSINESSES WITH WHICH A COMMISSIONER IS
19 ASSOCIATED THAT DO BUSINESS WITH OR ARE REGULATED BY THE
20 STATE AND A DESCRIPTION OF THE NATURE OF SUCH BUSINESS OR
21 REGULATION.
22 (7) ANY SALARY, FEE, COMMISSION OR OTHER INCOME, LISTED
23 IN DOLLAR AMOUNT OR VALUE, RECEIVED BY A COMMISSIONER FROM
24 ANY POLITICAL SUBDIVISION OF THE COMMONWEALTH OR ANY AGENCY
25 OF THE COMMONWEALTH, OTHER THAN THE COMMISSION, INCLUDING THE
26 NAME OF SUCH POLITICAL SUBDIVISION OR AGENCY OR FROM ANY
27 ENTITY WHICH MAINTAINS A PERSON REQUIRED TO BE REGISTERED AS
28 A LOBBYIST UNDER ANY LAW REQUIRING SUCH REGISTRATION.
29 (F) WHERE AN AMOUNT IS REQUIRED TO BE REPORTED BY CATEGORY
30 THE INDIVIDUAL SHALL REPORT WHETHER THE AMOUNT IS LESS THAN
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1 $5,000, AT LEAST $5,000 BUT LESS THAN $10,000, AT LEAST $10,000
2 BUT LESS THAN $25,000, OR $25,000 OR MORE. AN AMOUNT OF STOCK
3 MAY BE REPORTED BY NUMBER OF SHARES INSTEAD OF BY CATEGORY OF
4 DOLLAR VALUE. NO PROVISION OF THIS ACT SHALL BE INTERPRETED TO
5 PREVENT ANY PERSON FROM FILING MORE INFORMATION OR MORE DETAILED
6 INFORMATION THAN REQUIRED.
7 SECTION 11. TERMINATION.
8 UNLESS SPECIFICALLY AUTHORIZED TO CONTINUE IN BEING AND
9 FUNCTION BY ACT OF THE GENERAL ASSEMBLY SUBSEQUENT TO THE
10 EFFECTIVE DATE OF THIS ACT, THE COMMISSION SHALL TERMINATE ITS
11 AFFAIRS AND GO OUT OF EXISTENCE ON JULY 1, 1983.
12 SECTION 12. REPEALS.
13 SECTIONS 469 AND 923, ACT OF APRIL 9, 1929 (P.L.177, NO.175),
14 KNOWN AS "THE ADMINISTRATIVE CODE OF 1929," ARE REPEALED.
15 SECTION 13. EFFECTIVE DATE.
16 THIS ACT SHALL TAKE EFFECT IN 60 DAYS.
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