Bill Text: PA HB2029 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Prohibiting disbursement of State funding and other activities relating to certain covered organizations.

Spectrum: Slight Partisan Bill (Democrat 21-10)

Status: (Introduced - Dead) 2009-10-09 - Referred to STATE GOVERNMENT [HB2029 Detail]

Download: Pennsylvania-2009-HB2029-Introduced.html

---

PRINTER'S NO. 2785
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2029 Session of2009
INTRODUCED BY M. SMITH, WHITE, BURNS, D. COSTA, DEASY, DeLUCA, DENLINGER, GIBBONS, HORNAMAN, HUTCHINSON, KORTZ, KULA, LONGIETTI, MARKOSEK, MARSHALL, MATZIE, McILVAINE SMITH, MELIO, MOUL, PALLONE, PAYNE, PETRARCA, PYLE, ROAE, SIPTROTH, STABACK, STEVENSON, SWANGER AND TRUE, OCTOBER 9, 2009
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 9, 2009
AN ACT
Prohibiting disbursement of State funding and other activities
relating to certain covered organizations.
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 Denial of
State Funding to Covered Organizations 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:
"ACORN." The Association of Community Organizations for
Reform Now.
"ACORN affiliate." Any of the following entities:
(1) A State chapter of ACORN that is registered with the
Secretary of State of the Commonwealth.
(2) An organization that shares a director, employee or
independent contractor with ACORN.
(3) An organization whose finances, whether federally
funded, donor-funded or raised through organizational goods
and services, are shared or controlled by ACORN.
"Applicable individual." An individual who has been indicted
for a violation of Federal or State law relating to the election
of a person to a public office of the Federal or State
government.
"Commonwealth agency." As defined in 62 Pa.C.S. § 103
(relating to definitions).
"Covered organization." An organization that:
(1) Has been indicted for a violation under any State
law governing the financing of a campaign for election for
public office or any law governing the administration of an
election for public office, including a law relating to voter
registration.
(2) Has had its State corporate charter terminated due
to its failure to comply with State lobbying disclosure
requirements.
(3) Has filed a fraudulent form with any State
regulatory agency.
(4) Has engaged in any of the following conduct:
(i) employed an applicable individual in a permanent
or temporary capacity;
(ii) entered into a contract with or retains an
applicable individual; or
(iii) requested an applicable individual to act on
the organization's behalf or with the express or apparent
authority of the organization.
20090HB2029PN2785 - 2 -
The term includes ACORN and any ACORN affiliate.
"Political activity." The term includes all of the following
activities:
(1) Taking an active role in political management or in
a political campaign.
(2) Organizing a political party, organization or
political club.
(3) Directly or indirectly soliciting, receiving,
collecting, handling, disbursing or accounting for
assessments, contributions or other funds for a partisan
political purpose.
(4) Organizing, selling tickets to, promoting or
actively participating in a fundraising activity of a
candidate in a partisan election or of a political party or
political club.
(5) Taking an active part in managing the political
campaign of a candidate for public office in a partisan
election or a candidate for political party office.
(6) Soliciting votes in support of or in opposition to a
candidate for public office in a partisan election or a
candidate for political party office.
(7) Organizing individuals to act as recorders,
watchers, challengers or similar officers at the polls on
behalf of a political party or a candidate or in a partisan
election.
(8) Driving voters to the polls on behalf of a political
party or a candidate in a partisan election or organizing
individuals to drive voters to the polls on behalf of a
political party or a candidate in a partisan election.
(9) Endorsing or opposing a candidate for public office
20090HB2029PN2785 - 3 -
in a partisan election or a candidate for political party
office in a political advertisement, broadcast, literature or
similar material.
(10) Addressing a convention, caucus, rally or similar
gathering of a political party in support of or in opposition
to a partisan candidate for political office or political
party office.
(11) Initiating or circulating a partisan nominating
petition.
(12) Soliciting, paying, collecting or receiving a
contribution from any employee or volunteer for any political
party, political fund or other partisan recipient.
(13) Organizing a voter registration drive on behalf of
a political party or a candidate in a partisan election.
"State funds." Any funds in the State Treasury or under the
care, custody or control of the State Treasurer or any
Commonwealth agency in accordance with law.
Section 3. Prohibitions.
(a) Funding.--Notwithstanding any other provision of law, no
State funds may be disbursed to or expended on a covered
organization that engages in political activity, either directly
or indirectly, through its officers or directors on behalf of
the entity.
(b) Contracts and grants.--No Commonwealth agency shall
approve or enter into a State contract, grant, cooperative
agreement or any other form of agreement, including, but not
limited to, a memorandum of understanding, with a covered
organization.
(c) Employees and contractors.--No employee or contractor of
a Commonwealth agency may promote in any way, including
20090HB2029PN2785 - 4 -
recommending to a person or referring to a person for any
purpose, a covered organization.
Section 4. Effective date.
This act shall take effect in 60 days.
20090HB2029PN2785 - 5 -