Bill Text: PA HB194 | 2011-2012 | Regular Session | Introduced

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Bill Title: Relating to ethics; and further requiring ethics training for members, officers and employees of the General Assembly.

Spectrum: Moderate Partisan Bill (Democrat 14-2)

Status: (Introduced - Dead) 2011-01-24 - Referred to STATE GOVERNMENT [HB194 Detail]

Download: Pennsylvania-2011-HB194-Introduced.html

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PRINTER'S NO. 136
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 194 Session of2011
INTRODUCED BY B. BOYLE, K. BOYLE, CARROLL, HARHAI, HORNAMAN AND MURPHY, JANUARY 24, 2011
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 24, 2011
AN ACT
Relating to ethics; and further requiring ethics training for
members, officers and employees of the General Assembly.
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 Ethics
Education and Training 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:
"Commission." The State Ethics Commission.
"Covered employee." A person employed by the Senate or the
House of Representatives for a salary or wage and who, by the
nature of his duties of employment, has:
(1) supervisory responsibilities;
(2) discretionary power that could affect the outcome of
a legislative action or decision; or
(3) duties that involve the development of legislation
or policy.
"Individual." A covered employee, a member or an officer of
the Senate or the House of Representatives.
"Leaders." The Majority Leader and Minority Leader of the
Senate and the Majority Leader and Minority Leader of the House
of Representatives.
"Member." An individual holding office as a Senator or
Representative in the General Assembly of the Commonwealth.
"Officer." A person appointed as an officer of the Senate or
the House of Representatives in accordance with section 9 of
Article II of the Constitution of Pennsylvania, including the
President and President Pro Tempore of the Senate, the
Secretary-Parliamentarian of the Senate, the Chief Clerk of the
Senate and his assistants, the Chief Sergeant-at-Arms of the
Senate, the comptroller of the Senate, the Speaker of the House
of Representatives, the Parliamentarian of the House of
Representatives, the Chief Clerk of the House of Representatives
and his assistants, the comptroller of the House of
Representatives and the Chief Sergeant-at-Arms of the House of
Representatives.
"Program." The ethics education and training program
established under this act.
"Training" or "training program." The ethics education and
training program established under this act.
Section 3. Ethics training.
(a) Ethics training required.--Commencing with the
legislative session beginning January 2011, each individual, at
least annually, shall complete a program. All newly elected,
appointed or employed individuals shall complete a program
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within the first 30 days of taking the oath of office or
commencing employment or appointment. A person who fills a
vacancy in an elected office or appointed position that requires
training shall complete the initial program within 30 days after
commencement of his term of office or appointment.
(b) Development of program.--Within 60 days following the
effective date of this section, the leaders shall collaborate to
develop a program of sufficient scope and duration to provide
individuals with instruction and information intended to educate
them about the particular ethics laws to which they are subject
and the procedures under which such laws are enforced. In
developing the program, the leaders may:
(1) Examine similar programs developed by various
public, nonprofit and private sector entities currently in
the forefront of government ethics issues and training
nationwide.
(2) Solicit outside evaluations, studies and
recommendations for improvement from academic institutions,
nonprofit organizations, private entities, the public sector
and other entities or persons with expertise in ethics.
(3) Survey available training resources and methods.
(c) Standards.--The leaders shall:
(1) Determine or cause to be determined standards for
training.
(2) Develop or cause to be developed a list of covered
employees. The leaders may consult with the commission to
determine employee classifications or category of
classifications that will be subject to the requirements of
this act. The leaders shall provide the commission with
adequate information necessary to develop the list.
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(3) Determine or cause to be determined the hours and
frequency of training necessary for each classification or
category of classifications of covered employees and the
annual deadline for completing training.
(d) Availability of training.--Nothing in this act shall be
construed to prevent the leaders from making training available
to the following:
(1) Other employees of the Senate or the House of
Representatives who, by the nature of their employment, may
not be required to participate in training.
(2) Candidates for election to the Senate or House of
Representatives.
(3) Newly elected Senators or Representatives prior to
the administration of the oath of office.
Section 4. Designation of ethics officer.
(a) Ethics officer.--The leader of the Senate and the leader
of the House of Representatives shall each designate at least
one individual to serve as ethics officer for their respective
caucuses.
(b) Duties.--The ethics officer shall do the following:
(1) Develop a curriculum to facilitate the provision of
training. The ethics officer may collaborate with the
commission or other persons with expertise in ethics in
government to develop the curriculum for training. The
curriculum shall include instruction in and enforcement of
the provisions of:
(i) The act of July 10, 1968 (P.L.316, No.154),
known as the Legislative Code of Ethics.
(ii) The act of February 14, 2008 (P.L.6, No.3),
known as the Right-to-Know Law.
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(iii) 4 Pa.C.S. Pt. II (relating to gaming).
(iv) 65 Pa.C.S. (relating to public officers).
(v) Any regulations or policy statements promulgated
pursuant to the statutes described in subparagraphs (i),
(ii), (iii) and (iv).
(vi) Any other relevant provisions of law determined
to be appropriate to carry out the intent of this act.
(2) Provide all ethics information and instruction
relative to ethics to individuals upon request.
(3) Provide for the delivery of training at locations
easily accessible to those receiving the training. Training
may be delivered through online or video technology when
practicable as long as the online or video technology
contains adequate safeguards and protections to verify
receipt of training and full compliance with the requirements
of this act.
(4) Ensure that all individuals are notified of the
current name and contact information of each ethics officer
and that the current name and contact information for each
ethics officer are posted and maintained in a convenient and
conspicuous manner. The ethics officers shall ensure that the
current names and contact information required under this
paragraph are posted on all Internet websites under the
control of the Senate or the House of Representatives.
(5) Develop a system for certifying that an individual
has completed the training program. Each individual that
completes training shall receive certification to acknowledge
compliance with the requirements of this act.
(6) Maintain records of compliance with the requirements
of this act by each individual required to receive training.
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Section 5. Noncompliance.
(a) Notice.--If the ethics officer discovers that an
individual has failed to complete training, the ethics officer
shall send a written notice of noncompliance to the individual
informing the individual that training must be completed within
15 business days following receipt of the notice of
noncompliance. The ethics officer shall send the notice by:
(1) certified mail, return receipt requested; or
(2) if practicable, by electronic mail, read receipt.
(b) Public record.--The name of any individual who fails to
complete training by the deadline in the notice of noncompliance
shall be a public record under the act of February 14, 2008
(P.L.6, No.3), known as the Right-to-Know Law, from the deadline
in the notice of noncompliance to the date the individual
completes training.
Section 20. Effective date.
This act shall take effect in 60 days.
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