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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY JOSEPHS, McGEEHAN, MUNDY, MURPHY AND STURLA, DECEMBER 6, 2011 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, DECEMBER 6, 2011 |
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| AN ACT |
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1 | Amending Title 65 (Public Officers) of the Pennsylvania |
2 | Consolidated Statutes, in ethics and financial disclosure, |
3 | further providing for definitions and for restricted |
4 | activities. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 1102 of Title 65 of the Pennsylvania |
8 | Consolidated Statutes is amended by adding a definition to read: |
9 | § 1102. Definitions. |
10 | The following words and phrases when used in this chapter |
11 | shall have, unless the context clearly indicates otherwise, the |
12 | meanings given to them in this section: |
13 | * * * |
14 | "Detention services." Services which are provided: |
15 | (1) to a correctional institution, as defined in 61 |
16 | Pa.C.S. § 102 (relating to definition); and |
17 | (2) for the benefit of an inmate, as defined in 61 |
18 | Pa.C.S. § 102. |
19 | * * * |
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1 | Section 2. Section 1103(f) of Title 65 is amended to read: |
2 | § 1103. Restricted activities. |
3 | * * * |
4 | (f) Contract.-- |
5 | (1) No public official or public employee or his spouse |
6 | or child or any business in which the person or his spouse or |
7 | child is associated shall enter into any contract valued at |
8 | $500 or more with the governmental body with which the public |
9 | official or public employee is associated or any subcontract |
10 | valued at $500 or more with any person who has been awarded a |
11 | contract with the governmental body with which the public |
12 | official or public employee is associated unless the contract |
13 | has been awarded through an open and public process, |
14 | including prior public notice and subsequent public |
15 | disclosure of all proposals considered and contracts awarded. |
16 | In such a case, the public official or public employee shall |
17 | not have any supervisory or overall responsibility for the |
18 | implementation or administration of the contract. |
19 | (2) This paragraph applies to a public official, a |
20 | public employee, the immediate family of a public official or |
21 | public employee and a domestic partner of a public official |
22 | or public employee. A person in which an individual subject |
23 | to this paragraph has a financial interest may not enter into |
24 | a contract to provide detention services to an individual |
25 | detained for determination of immigration status. |
26 | (3) Any contract or subcontract made in violation of |
27 | this subsection shall be voidable by a court of competent |
28 | jurisdiction if the suit is commenced within 90 days of the |
29 | making of the contract or subcontract. |
30 | * * * |
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1 | Section 3. The amendment of 65 Pa.C.S. § 1103(f) shall apply |
2 | to contracts entered into or renewed on or after the effective |
3 | date of this section. |
4 | Section 4. This act shall take effect in 60 days. |
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