Bill Text: PA HB117 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for ethics in government; prohibiting certain uses of public resources; and providing for penalties.

Sponsorship: Slight Partisan Bill (Democrat 8-3)

Status: (Introduced - Dead) 2011-02-14 - Referred to STATE GOVERNMENT [HB117 Detail]

Download: Pennsylvania-2011-HB117-Introduced.html

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PRINTER'S NO. 613
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 117 Session of2011
INTRODUCED BY SANTARSIERO, BRADFORD, BRIGGS, CUTLER, DEASY, HORNAMAN, JOSEPHS, KAVULICH, MATZIE AND SWANGER, FEBRUARY 14, 2011
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 14, 2011
AN ACT
Providing for ethics in government; prohibiting certain uses of
public resources; and providing for penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Public
Resource Protection Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Campaign." An effort organized in support of or opposition
to the nomination, election or re-election of an individual to
an elective office.
"Campaign activity." Any of the following activities:
(1) Preparing, circulating, copying, notarizing, filing
or challenging petitions, certificates or papers for the
nomination of a candidate.
(2) Planning, organizing or conducting a meeting of a
political body, political committee, political organization
or political party.
(3) Preparing or completing a questionnaire on behalf of
an individual who has filed petitions, papers or a
certificate for nomination as a candidate.
(4) Directing or managing a campaign or providing the
following services on behalf of a candidate or an elected
official:
(i) Soliciting or collecting a campaign
contribution.
(ii) Planning, organizing or conducting a campaign
rally, campaign fundraising event or other campaign event
that promotes a campaign or a candidate.
(iii) Preparing or filing a campaign finance report.
(iv) Conducting background research on a candidate
or an elected official to be used or intended to be used
to influence the outcome of an election.
(v) Preparing, distributing or mailing campaign
literature, campaign signs or other materials related to
a political campaign.
(vi) Soliciting an individual's vote for a candidate
in an election.
(vii) Working at a polling place.
(5) Conducting or participating in campaign polling.
(6) Participating as an observer in a canvass or re-
canvass of election results conducted under the act of June
3, 1937 (P.L.1333, No.320), known as the Pennsylvania
Election Code.
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(7) Challenging or participating in the challenge of the
outcome of an election.
"Campaign polling." The organized preparing, compiling,
collection or gathering of information, including focus groups
and surveys, reflecting public opinion as to any elected
official, group of elected officials, candidate, group of
candidates, political body, political organization or political
party, that is intended to be used for the purpose of supporting
or opposing the nomination, election or re-election of an
individual to elective office.
"Candidate." An individual seeking nomination, election or
reelection to an elective office.
"De minimus." An economic consequence which has an
insignificant effect.
"Elected official." An individual elected by the public to
serve a term in an elective office. The term shall include an
individual appointed to fill an unexpired term in an elective
office.
"Election." A general, special, municipal or primary
election. The term shall include any election at which a
candidate for elective office in a Federal governmental body is
on the ballot.
"Elective office." A position in a governmental body or a
Federal governmental body to which an individual is required
under the Constitution of Pennsylvania, the Constitution of the
United States or by law to be elected by the public.
"Federal governmental body." The executive, legislative or
judicial branch of the United States.
"Governmental body." A department, authority, commission,
committee, council, board, bureau, division, service, office,
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administration, legislative body or other establishment in the
executive, legislative or judicial branch of the Commonwealth or
a political subdivision of the Commonwealth.
"Nomination." The term shall have the meaning given to it
under the act of June 3, 1937 (P.L.1333, No.320), known as the
Pennsylvania Election Code.
"Own time." A public employee's time that is distinct from
work time. The term shall include time spent on leave.
"Political body." An organization, not recognized under the
act of June 3, 1937 (P.L.1333, No.320), known as the
Pennsylvania Election Code, as a political party, that has filed
papers for the nomination of a candidate in the manner provided
by law.
"Political committee." The term shall have the meaning given
to it in the act of June 3, 1937 (P.L.1333, No.320), known as
the Pennsylvania Election Code.
"Political organization." An organization, not recognized
under the act of June 3, 1937 (P.L.1333, No.320), known as the
Pennsylvania Election Code, as a political party or political
body, whose primary activities are conducted to influence the
outcome of an election of a candidate.
"Political party." The term shall have the same meaning as
the term "party" is given in 25 Pa.C.S. § 1102 (relating to
definitions). The term shall include a political party's
national, State and county committees.
"Public employee." An individual employed by a governmental
body. An individual elected to a governmental body shall not be
deemed to be an employee of that governmental body.
"Public funds." All money collected, received or held by,
for or on account of a governmental body.
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"Public resources." Facilities, equipment, property and
supplies purchased or owned by a governmental body and labor
provided by a public employee during work time.
"Work time." Compensated time spent in the performance of
job duties.
Section 3. Campaign use of public resources prohibited.
(a) Offense defined.--It shall be an offense to knowingly
expend public funds or knowingly use public resources on a
campaign activity.
(b) Penalty.--
(1) Except as provided under paragraph (2), an
individual found to have committed an offense under
subsection (a) shall be guilty of a misdemeanor of the second
degree.
(2) If the aggregate value of the public funds expended
or the public resources used for the campaign activity
performed in violation of subsection (a) exceeds $2,000, an
individual found to have committed an offense under
subsection (a) shall be guilty of a felony of the third
degree.
(3) In addition to the punishment imposed under
paragraph (1) or (2), an individual found to have committed
the offense under subsection (a) shall pay restitution to the
governmental body in an amount equal to three times the cost
or three times the market value, whichever is greater, of the
campaign activity for which the public funds or public
resources were used.
(4) The offense defined under subsection (a) shall be
considered a crime related to public office or public
employment for purposes of the act of July 8, 1978 (P.L.752,
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No.140), known as the Public Employee Pension Forfeiture Act.
(c) Construction.--Nothing in this section shall be
construed to prohibit the following:
(1) A public employee from engaging in a campaign
activity on the public employee's own time.
(2) De minimis campaign activities that are unavoidable
by an elected official or a public employee in the course of
their official duties. This includes the following
activities:
(i) An elected official or a public employee may, in
responding to inquiries from the public, need to address
incidental questions that relate to a candidate's
campaign.
(ii) An elected official or a public employee may
provide scheduling assistance and information to campaign
staff to ensure that no conflict occurs among the elected
official's campaign schedule, official schedule and
personal schedule.
(iii) An elected official or a public employee may
engage in political conversation in the natural course of
personal communication.
(d) False reports.--An individual who makes a fictitious
report or gives false information relating to an offense under
this section commits a misdemeanor of the second degree.
Section 4. Effective date.
This act shall take effect immediately.
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