PROPOSED RULEMAKING
STATE ETHICS COMMISSION
[51 PA. CODE CHS. 17 AND 21]
Procedure
[30 Pa.B. 3467] The State Ethics Commission (Commission) proposes to amend 51 Pa. Code to read as set forth in Annex A. The amendments are proposed under the authority of 65 Pa.C.S. §§ 1101--1113 (relating to the Public Official and Employee Ethics Act) (act).
These amendments are proposed in accordance with section 1107(1) of the act (relating to powers and duties of commission) which directs the Commission to promulgate rules and regulations necessary to carry out the provisions of the act.
The proposed amendments implement the act, which directs the Commission to administer the act to public officials, public employes, candidates for public office and other persons involved in an official activity with the foregoing persons.
The proposed amendments seek to address three specific matters of concern. First, amendments are proposed to insert general or cross references to Chapters 31 and 35 (relating to general provisions; and reporting) (lobbying disclosure regulations) to correspond with references appearing in that part. Second, the reporting thesholds in Chapter 17 are proposed to be amended in conformity with the existing statutory thresholds in section 1105(b) of the act (relating to powers and duties of commission). Third, a new section on confidentiality is proposed to be added to Chapter 21 which includes the eight statutory exceptions to confidentiality plus two additional exceptions which are proposed. The two additional exceptions are proposed under section 1108(k)(9) of the act (relating to investigation by commission) which authorizes the Commission to promulgate other exceptions to confidentiality as it may direct by regulation. The two exceptions are proposed so as to be in conformity with judicial precedent.
Fiscal Impact and Paperwork Requirements
These proposed amendments have no fiscal impact upon the Commonwealth.
Effective Date
The amendments will take effect upon final publication in the Pennsylvania Bulletin.
Sunset Date
The effectiveness of these amendments will be reviewed by the Commission periodically. Thus, no sunset date is necessary.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on June 22, 2000, the Commission submitted a copy of these proposed amendments to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Judiciary Committee and Senate Committee on Rules and Executive Nominations. In addition to submitting the proposed amendments, the Commission has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Commission in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has any objections to any portion of the proposed amendments it will notify the Commission within 10 days of the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review of objections raised prior to final publication of the amendments, by the Commission, the General Assembly and the Governor.
Contact Person
Interested persons are invited to submit written comments, suggestions or objections regarding this proposal to John J. Contino, Executive Director, or Vincent J. Dopko, Chief Counsel, State Ethics Commission, P. O. Box 11470, Room 309, Finance Building, Harrisburg, PA17108-1470 within 30 days following publication in the Pennsylvania Bulletin, (717) 783-1610.
JOHN J. CONTINO,
Executive DirectorFiscal Note: 63-7. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 51. PUBLIC OFFICERS
PART I. STATE ETHICS COMMISSION
CHAPTER 17. STATEMENTS OF FINANCIAL INTERESTS, CONTENT § 17.3. Creditors.
(a) Each creditor to whom is owed in excess of $[5,000] 6,500 or the amount as adjusted under [section 5 of the act (] 65 [P. S.] Pa.C.S. § [405(d))] 1105(d) (relating to powers and duties of commission) and § 19.5 (relating to reporting threshold adjustments) shall be reported.
* * * * * § 17.4. Income.
(a) The name and address of a direct or indirect source of income, including employers, in the aggregate of [$1,000] 1,300 or more or the amount as adjusted under [section 5 of the act (] 65 [P. S.] Pa.C.S. § [405(d))] 1105(d) (relating to powers and duties of commission) and § 19.5 (relating to reporting threshold adjustments) shall be reported unless the disclosure would require the divulgence of confidential information protected by statute or existing professional codes of ethics or common law privileges.
* * * * * § 17.5. Gifts.
(a) The name and address of the source of a gift valued in the aggregate at [200] 250 or more or the amount as adjusted under [section 5 of the act (] 65 [P. S.] Pa.C.S. § [405(d))] 1105(d) (relating to powers and duties of commission) and § 19.5 (relating to reporting threshold adjustments) shall be reported.
* * * * * § 17.6. Expense reimbursement.
(a) The name and address of the source and the amount of a payment for or reimbursement of actual expenses for transportation and lodging or hospitality received in connection with public office or employment where the actual expenses for transportation and lodging or hospitality exceed $[500] 650, or the amount as adjusted under [section 5 of the act] (65 [P. S.] Pa.C.S. § [405(d))] 1105(d) (relating to powers and duties of commission) and § 19.5 (relating to reporting threshold adjustments), in the course of a single occurrence shall be reported.
* * * * * § 17.11. Application of lobbying disclosure regulations.
See, lobbying disclosure regulations, Chapters 31 and 35 (relating to general provisions; and reporting), as to the differentiation between ''gift'' and ''transportation and lodging or hospitality received in connection with public office or employment'' and the determination of the amounts for reporting.
CHAPTER 21. INVESTIGATIONS
GENERAL § 21.6. Confidentiality.
As a general rule, a person may not disclose or acknowledge, to another person, any information relating to a complaint, preliminary inquiry, investigation, hearing or petition for reconsideration which is before the Commission. However, a person may disclose or acknowledge to another person matters held confidential in accordance with this chapter or 65 Pa.C.S. § 1108 (relating to investigations by commission), when the matters pertain to one or more of the following:
(1) Final orders of the Commission as provided in 65 Pa.C.S. § 1108(h).
(2) Hearings conducted in public under 65 Pa.C.S. § 1108(g).
(3) For the purpose of seeking advice of legal counsel.
(4) Filing an appeal from a Commission order.
(5) Communicating with the Commission or its staff, in the course of a preliminary inquiry, investigation, hearing or petition for reconsideration by the Commission.
(6) Consulting with a law enforcement official or agency for the purpose of initiating, participating in or responding to an investigation or prosecution by the law enforcement official or agency.
(7) Testifying under oath before a governmental body or a similar body of the United States of America.
(8) Information, records or proceedings relating to a complaint, preliminary inquiry, investigation, hearing or petition for reconsideration which the person is the subject of.
(9) The divulgence of information that third parties have legally obtained about a confidential Commission proceeding.
(10) The divulgence by individuals who are interviewees or witnesses as to confidential Commission proceedings regarding information that was already in their possession or obtained as a result of participation in those proceedings.
[Pa.B. Doc. No. 00-1165. Filed for public inspection July 7, 2000, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
