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PRINTER'S NO. 3839
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2313
Session of
2018
INTRODUCED BY DAVIDSON, TOOHIL, DONATUCCI, DEAN, CALTAGIRONE,
KULIK, MURT, DAVIS, HELM, ROZZI, DRISCOLL, YOUNGBLOOD,
GAINEY, SCHLOSSBERG, DERMODY, THOMAS, KINSEY, SOLOMON,
KIRKLAND, FRANKEL, MADDEN, DeLUCA, CONKLIN, HILL-EVANS,
A. DAVIS, FITZGERALD, J. McNEILL AND SIMS, JULY 3, 2018
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JULY 3, 2018
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, in ethics standards and financial
disclosure, further providing for purpose, for definitions,
for restricted activities, for powers and duties of
commission, for investigations by commission and for
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1101.1(a) of Title 65 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 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
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financial interests of holders of or nominees or candidates for
public office do not conflict with the public trust.
Furthermore, the Legislature recognizes that public workplaces
that are free from harassment create a more productive
employment environment in which to carry out the public's
business. 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 and a hospitable work
environment 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.
* * *
Section 2. The definition of "public employee" in section
1102 of Title 65 is amended and the section is amended by adding
a definition 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:
* * *
"Public employee." Any individual employed by the
Commonwealth or a political subdivision who is responsible for
taking or recommending official action of a nonministerial
nature with regard to:
(1) contracting or procurement;
(2) administering or monitoring grants or subsidies;
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(3) planning or zoning;
(4) inspecting, licensing, regulating or auditing any
person; or
(5) any other activity where the official action has an
economic impact of greater than a de minimis nature on the
interests of any person.
The term shall not include individuals who are employed by this
Commonwealth or any political subdivision thereof in teaching as
distinguished from administrative duties. In cases involving
complaints of sexual harassment, the term shall include all
individuals employed by the Commonwealth or a political
subdivision.
* * *
"Sexual harassment." Unwelcome sexual advances, requests for
sexual favors and other verbal, visual or physical conduct of a
sexual nature that explicitly or implicitly affects an
individual's employment and unreasonably interferes with an
individual's work performance.
* * *
Section 3. Section 1103 of Title 65 is amended by adding a
subsection to read:
§ 1103. Restricted activities.
* * *
(k) Sexual harassment.--No public official, public employee
or nominee or candidate for public office shall engage in the
following conduct:
(1) Using the submission to or rejection by a public
employee of conduct constituting sexual harassment as a basis
for an employment decision affecting the public employee.
(2) Making submission to conduct constituting sexual
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harassment, either explicitly or implicitly, a term or
condition of a public employee's employment.
(3) Engaging in conduct constituting sexual harassment
that is so frequent or severe that it creates a hostile or
offensive work environment.
Section 4. Sections 1107(13) and 1108(h) of Title 65 are
amended to read:
§ 1107. Powers and duties of commission.
In addition to other powers and duties prescribed by law, the
commission shall:
* * *
(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. The following shall apply:
(i) An order may include recommendations to law
enforcement officials.
(ii) 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.
(iii) An order which contains a finding that a
member of the Senate or House of Representatives violated
the provisions of this chapter may contain a
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recommendation for additional disciplinary action or
sanction against the member by the Senate or House of
Representatives consistent with the rules of the
respective chamber.
* * *
§ 1108. Investigations by commission.
* * *
(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. The name of an individual alleging sexual
harassment under this chapter may be redacted from a final order
issued by the commission, upon request by the individual prior
to the release of the order.
* * *
Section 5. Section 1109(b) of Title 65 is amended and the
section is amended by adding a subsection to read:
§ 1109. Penalties.
* * *
(b) [Financial interests statement violation] Violations
regarding certain restricted activities.--Any person who
violates the provisions of section 1103(d) through [(j)] (k),
1104 (relating to statement of financial interests required to
be filed) or 1105(a) (relating to statement of financial
interests) commits a misdemeanor and shall, upon conviction, be
sentenced to pay a fine of not more than $1,000 or to
imprisonment for not more than one year, or both.
(b.1) Emotional distress.--In addition to other penalties
under this section, a person who violates the provisions of
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section 1103(k) shall pay a sum of money to the victim, as
determined by the commission, for emotional distress.
* * *
Section 6. This act shall take effect in 60 days.
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