Bill Text: PA HB2409 | 2009-2010 | Regular Session | Introduced

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

Spectrum: Slight Partisan Bill (Democrat 24-11)

Status: (Introduced - Dead) 2010-04-20 - Re-committed to APPROPRIATIONS [HB2409 Detail]

Download: Pennsylvania-2009-HB2409-Introduced.html

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PRINTER'S NO. 3514
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2409 Session of2010
INTRODUCED BY R. TAYLOR, BELFANTI, BRADFORD, BRENNAN, BEAR, CONKLIN, CUTLER, DALEY, DeLUCA, DePASQUALE, GIBBONS, GRUCELA, HARHAI, HORNAMAN, HOUGHTON, MAHONEY, MATZIE, McILVAINE SMITH, MELIO, METZGAR, MUNDY, MURPHY, O'NEILL, READSHAW, REESE, ROAE, ROCK, SANTARSIERO, SIPTROTH, M. SMITH, SWANGER, TRUE, VULAKOVICH, YUDICHAK AND DEASY, APRIL 12, 2010
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 12, 2010
AN ACT
Providing for ethics in government; prohibiting certain uses of
public funds; 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 Political
Polling 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 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 intended to be used for the purpose of supporting or
opposing the nomination, election or re-election of a candidate.
"Candidate." An individual seeking nomination, election or
reelection to elective office.
"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,
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 in
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 includes 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
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Pennsylvania Election Code, as a political party, that has filed
papers for the nomination of a candidate in the manner provided
by law.
"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.
"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. Publicly financed campaign polls prohibited.
(a) Offense defined.--It shall be an offense to knowingly
expend public funds or knowingly use public resources for
campaign polling.
(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
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degree.
(2) If the aggregate value of the public funds expended
or the public resources used for the campaign polling
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 of the campaign polling,
whichever is greater.
(c) Construction.--Nothing in this section shall be
construed to prohibit a public employee from engaging in an
activity related to campaign polling on the public employee's
own time.
(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 10. Effective date.
This act shall take effect immediately.
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