Bill Text: PA HB205 | 2009-2010 | Regular Session | Introduced

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Bill Title: Prohibiting campaign contributions by certain persons that contract with the Commonwealth or its political subdivisions.

Spectrum: Moderate Partisan Bill (Republican 20-5)

Status: (Introduced - Dead) 2009-02-02 - Referred to STATE GOVERNMENT [HB205 Detail]

Download: Pennsylvania-2009-HB205-Introduced.html

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PRINTER'S NO. 204
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 205 Session of2009
INTRODUCED BY GODSHALL, PRESTON, BAKER, BARRAR, BEYER, CLYMER, CUTLER, DeLUCA, FLECK, GIBBONS, GROVE, MARSICO, MELIO, MOUL, PICKETT, REICHLEY, ROAE, SAYLOR, STERN, SWANGER, TURZAI AND VULAKOVICH, FEBRUARY 2, 2009
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 2, 2009
AN ACT
Prohibiting campaign contributions by certain persons that
contract with the Commonwealth or its political subdivisions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
CHAPTER 1
PRELIMINARY PROVISIONS
Section 101. Short title.
This act shall be known and may be cited as the Public
Contract Integrity Act.
Section 102. Declaration of policy.
The General Assembly finds and declares as follows:
(1) In a representative form of government, it is
essential that individuals who are elected to public office
have the trust, respect and confidence of the citizenry.
(2) All individuals and businesses have a right to
participate in the political process, including making
contributions to candidates or soliciting contributions on
behalf of candidates, political parties and those holding
office within this Commonwealth.
(3) However, when an individual or business makes
contributions or solicits major contributions to obtain a
contract awarded by a government agency, it constitutes a
violation of the public trust and raises legitimate public
concerns about whether the contract awarded was based on
merit.
(4) While the right of individuals and businesses to
make contributions is unequivocal, that right may be limited,
even abrogated, when the contributions promote the actuality
or appearance of public corruption.
(5) The Commonwealth has a duty to protect the integrity
of contractual decisions made by elected officials at all
levels of government.
(6) It is essential that the citizenry have confidence
that the selection of contractors is based on merit and not
the extent of contributions made by contractors.
(7) It is essential that the citizenry trust the process
through which taxpayer dollars are spent.
(8) The Commonwealth has a duty to promote the honesty
and integrity of the process of selecting contractors and a
duty to guard against favoritism, improvidence, extravagance
and corruption in the selection process.
Section 103. 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:
"Candidate." The term includes the Governor, an individual
seeking the office of Governor, the Lieutenant Governor, an
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individual seeking the office of Lieutenant Governor, an
individual appointed by the Governor to head a department,
board, commission or authority who is responsible for awarding
public contracts, an individual holding elected office in a
local agency and an individual seeking elected office in a local
agency. The term also includes a committee of a political party
organized at the level of the Commonwealth or the level of a
political subdivision of this Commonwealth and a political
action committee or other entity formed to provide contributions
to the Governor, an individual seeking the office of Governor,
the Lieutenant Governor, an individual seeking the office of
Lieutenant Governor, an individual holding elected office in a
local agency or an individual seeking elected office in a local
agency.
"Contribution." A payment, gift, subscription, assessment,
contract, payment for services, dues, loan, forbearance or
deposit of money or valuable thing to a candidate before or
after an election. The term includes the purchase of tickets for
events, including dinners, luncheons, rallies and other
fundraising events and the granting of discounts or rebates not
available to the general public.
"Executive agency." The Governor and the departments,
boards, commissions, authorities and other officers and agencies
of the Commonwealth. The term does not include any court or
other officer or agency of the unified judicial system, the
General Assembly and its officers and agencies or any
independent agency or State-affiliated entity.
"Local agency." The governing authority of a county,
township, borough or other political subdivision of the
Commonwealth.
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"Person." The term includes a corporation, partnership,
limited liability company, business trust, other association,
estate, trust, foundation or individual seeking a public
contract. The term also includes the spouse of an individual or
a child of an individual living in the home of an individual
seeking a public contract, and a principal in a business entity
who owns at least 10% of the equity of that business entity in
the case of a corporation, partnership, limited liability
company, business trust or other association of a business
entity seeking a public contract.
"Public contract." An agreement, contract or amendment to an
existing agreement or contract or other transaction, including
an agreement or contract for legal or engineering services,
awarded without public bidding.
Section 104. Scope of act.
This act shall apply to the Commonwealth and its political
subdivisions.
CHAPTER 3
VIOLATIONS
Section 301. Unlawful acts.
(a) Certain public contracts prohibited.--Notwithstanding
any other provision of law to the contrary, it is unlawful for
an executive agency or a local agency to enter into a public
contract with a person who has made a contribution to or
solicited a contribution on behalf of a candidate exceeding the
limits set forth under subsection (b) within one year
immediately preceding the awarding of a public contract.
(b) Certain contributions unlawful.--Notwithstanding any
other provision of law to the contrary, it is unlawful for a
person seeking a public contract to make a contribution to any
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one candidate or solicit a contribution on behalf of any one
candidate which exceeds $300 within one year immediately
preceding the awarding of a public contract or to make a
contribution to two or more candidates or solicit a contribution
on behalf of two or more candidates which exceed $3,000 in the
aggregate within one year immediately preceding the awarding of
a public contract.
(c) After public contract awarded.--Notwithstanding any
other provision of law to the contrary, it is unlawful for a
person awarded a public contract to make a contribution to a
candidate or to solicit a contribution on behalf of a candidate
during the duration of that public contract.
Section 302. Breach of public contract.
(a) Breach of contract.--It shall be a breach of a public
contract for a person seeking or awarded a public contract to
violate a provision of this act or to:
(1) Make or solicit a contribution in violation of this
act.
(2) Conceal or misrepresent a contribution given to a
candidate.
(3) Make or solicit a contribution through
intermediaries for the purpose of concealing or
misrepresenting the source of the contribution.
(4) Fund a contribution made by a third party which, if
made or solicited by the person, would violate this act.
(5) Directly or indirectly, whether by the person or an
intermediary, perform an act which would violate this act.
(b) Terms.--A public contract shall include a provision
setting forth the prohibitions contained in this act and shall
contain a provision that it is a breach of the terms of the
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public contract for a person to violate this act or to:
(1) Make or solicit a contribution in violation of this
act.
(2) Conceal or misrepresent a contribution given to a
candidate.
(3) Make or solicit a contribution through
intermediaries for the purpose of concealing or
misrepresenting the source of the contribution.
(4) Fund a contribution made by a third party which, if
made or solicited by the person, would violate this act.
(5) Directly or indirectly, whether by the person or an
intermediary, perform an act which would violate this act.
Section 303. Certification required.
Prior to awarding a public contract, a person awarded the
contract shall provide a written certification that the person
has not made a contribution to or solicited a contribution on
behalf of a candidate in violation of this act. The
certification shall be made part of the person's application for
a public contract. A certification which contains materially
false information shall subject the person to prosecution under
18 Pa.C.S. § 4904 (relating to unsworn falsification to
authorities) and to a fine of $5,000.
CHAPTER 5
ENFORCEMENT
Section 501. Remedies.
(a) Executive or local agency.--A public contract which is
entered into by an executive agency or a local agency in
violation of this act shall be void.
(b) Person seeking public contract.--A person who makes a
contribution to a candidate or solicits a contribution on behalf
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of a candidate in violation of this act shall be subject to a
fine of $5,000. Each contribution made to a candidate or
solicited on behalf of a candidate shall constitute a separate
offense.
(c) Courts.--The several courts of common pleas and the
Commonwealth Court shall have jurisdiction to prevent and
restrain violations of sections 301, 302(a) and 303 by issuing
appropriate orders, including, but not limited to:
(1) Ordering any candidate to divest himself of a
contribution made in violation of this act.
(2) Making due provision for the rights of taxpayers by
voiding the public contract or ordering the denial,
suspension or revocation of licenses, permits or other
approval granted to the person in connection with the public
contract or prohibiting the person from engaging in any act.
(d) Injunctions.--In any proceeding under subsection (c),
the court shall proceed as soon as is practicable to the hearing
and determination thereof. Pending final determination, the
court may enter preliminary or special injunctions, or take such
other actions, including the acceptance of satisfactory
performance bonds, as it may deem proper. Proceedings under
subsection (c) at pretrial, trial and appellate levels shall be
governed by the Pennsylvania Rules of Civil Procedure and all
other rules and procedures relating to civil actions, except to
the extent inconsistent with the provisions of this section.
Section 502. Enforcement.
(a) Attorney General.--The Attorney General shall have the
power and duty to enforce the provisions of this act, including
the power to institute proceedings under section 501 and to take
such actions as may be necessary to ascertain and investigate
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alleged violations of sections 301, 302(a) and 303.
(b) District attorneys.--The district attorneys of the
several counties shall have concurrent authority to institute
proceedings under section 501 and to take such actions as may be
necessary to ascertain and investigate alleged violations of
sections 301, 302(a) and 303.
(c) Construction.--Nothing in this section shall be
construed to limit the regulatory or investigative authority of
any department or agency of the Commonwealth or a political
subdivision of the Commonwealth, including the Inspector
General, whose function might relate to persons, candidates or
matters falling within the scope of this act.
CHAPTER 21
MISCELLANEOUS PROVISIONS
Section 2101. Repeal.
All acts and parts of acts are repealed insofar as they are
inconsistent with this act.
Section 2102. Applicability.
This act shall apply to all contributions made to candidates
or solicitations on behalf of candidates by persons seeking
public contracts on or after the effective date of this act.
Section 2103. Effective date.
This act shall take effect immediately.
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