PRINTER'S NO. 333
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
266
Session of
2015
INTRODUCED BY LAWRENCE, V. BROWN, D. COSTA, CUTLER, DIAMOND,
GABLER, GROVE, JAMES, KAUFFMAN, KNOWLES, MURT, SACCONE,
TALLMAN AND TRUITT, FEBRUARY 4, 2015
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 4, 2015
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, in ethics standards and financial
disclosure, further providing for restricted activities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1103(j) of Title 65 of the Pennsylvania
Consolidated Statutes is amended to read:
ยง 1103. Restricted activities.
* * *
(j) Voting conflict.--
(1) Where voting conflicts are not otherwise addressed
by the Constitution of Pennsylvania, by paragraph (2) or by
any law, rule, regulation, order or ordinance, the
[following] procedure prescribed in this paragraph 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,
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publicly announce and disclose the nature of his 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.
(2) Any public official or public employee who is a
member of a board of school directors and who in the
discharge of his official duties would be required to vote on
a matter that would result in negotiating the terms and
conditions or approval of a collective bargaining agreement
between the board of school directors and a collective
bargaining unit that represents a member of the immediate
family of the member of the board of school directors shall
abstain from voting and, prior to the vote being taken,
publicly announce and disclose the nature of his 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.
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Section 2. This act shall take effect in 120 days.
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