THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ERICKSON, YUDICHAK, FONTANA, FOLMER, BRUBAKER, WASHINGTON, EICHELBERGER, PIPPY, RAFFERTY, WAUGH, BROWNE, ALLOWAY, BAKER, VOGEL AND DINNIMAN, FEBRUARY 25, 2011

REFERRED TO STATE GOVERNMENT, FEBRUARY 25, 2011  

AN ACT

Amending Title 65 (Public Officers) of the Pennsylvania

Consolidated Statutes, 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 investigations

by commission and for penalties; providing for costs

restitutions and forfeiture; further providing for wrongful

use of chapter; 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; and making repeals.

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

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 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. The

Legislature also declares the public would be best served by a

Statewide criminal justice agency which focuses on investigating

criminal incidents of public corruption. 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.

(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.] (Reserved).

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:

"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

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

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)] 1102.4(14) 

(relating to powers and duties of commission) 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)] 1102.4(17) 

(relating to powers and duties of commission) 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:

(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.

(c)  Selection and composition.--The nominating committee

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

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

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).

(c)  Composition.--The commissioners shall be appointed by

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

(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.

(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.

(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

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.

(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

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.

(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

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.

(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

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

moneys 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,

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.

(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.

(c)  Continuing education.--With the assistance of the

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 Deputy Sheriffs' Education and Training Act.

(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:

(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.

(c)  Order to testify.--Whenever a witness refuses to testify

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

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 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. The foregoing officers 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

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.

(c)  Accepting improper influence.--No public official,

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 public 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 

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

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

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.--Where voting conflicts are not

otherwise addressed by the Constitution of Pennsylvania or by

any law, rule, regulation, order or ordinance, the following

procedure shall be employed. 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

disclosures are made as otherwise provided herein. 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.

(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.

(c)  Nominee.--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 the

nomination. Each nominee for a 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 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 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

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.

(c)  Maximum number of terms.--No member shall be appointed

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

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

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

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

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

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