April 27, 2015

Legislative Alternatives to Recall Legislation

Posted In: Countywide Happenings
  • Profile photo of Raven
    Raven
    on: Jan 10, 2014 at 9:58 am #118230

    Recall legislation is now in committee, but some legislators are interested in addressing official misconduct. Representative Jaret Gibbons, Democrat, serving Beaver County (Part), Butler County (Part), Lawrence County (Part), is reintroducing House Bill 115, Printer’s Number 994, which was introduced during the 2011-2012 legislative session. This legislation created the “Abuse of Public Office Prohibition and Penalty Act” and is intended to fix a flaw in current law. A summary follows excerpted from his web site.

    (I do not know the current status of the bill, since I am just beginning research into recall legislation. Perhaps it has already passed.)

    From the web site:

    In the near future, I plan to reintroduce House Bill 115, Printer’s Number 994, which was introduced during the 2011-2012 legislative session.  This legislation created the “Abuse of Public Office Prohibition and Penalty Act” and is intended to fix a flaw in current law. 
     
    Currently, Title 18’s Abuse of Office prohibition is concerned with official oppression, speculating or wagering on official action or information, and liability for reimbursement of costs for outside counsel.  There is no specific prohibition in Title 18 that makes abuse of office a criminal offense. 
     
    Under my proposal, abuse of office would be a criminal offense if an elected official, public officer or public employee would (1) intentionally compel a public employee to perform an activity knowing the activity is not related to the performance of the duties of the office held by the elected official or public officer and (2) intentionally compel a public contractor to provide a good or service for the private pecuniary benefit of the elected official, public officer or another person.  A violation would constitute a misdemeanor of the second degree.  However, if the aggregate value of the activities, goods or services performed would exceed $2,000, a violation would be a third degree felony.  A person who falsely reports an alleged violation would also be subject to criminal prosecution.

    View Attachment

    http://www.legis.state.pa.us/cfdocs/legis/home/member_information/house_bio.cfm?id=1085

    The pdf attachment is the bill. Title 18 can be researched.

    District

    Hon. Jaret Gibbons
    309 Fifth Street
    Ellwood City, PA 16117
    (724) 752-1133
    Fax: (724) 752-3784

    Hon. Jaret Gibbons
    306 East Water Street
    Slippery Rock, PA 16057
    (724) 794-1215

    Hon. Jaret Gibbons
    233 Miller Road
    Rochester, PA 15074
    (724) 773-7499

    Capitol

    Hon. Jaret Gibbons
    302 Main Capitol Building
    PO Box 202010
    Harrisburg, PA 17120-2010
    (717) 705-2060
    Fax: (717) 780-4766

     

     
    Profile photo of Raven
    Raven
    on: Jan 10, 2014 at 11:06 am #118256

    The following meeting will address the “recall” bill (HB 1602):

    Upcoming Meetings
    Tuesday, January 14, 2014

    9:00 AM
    STATE GOVERNMENT
    Voting meeting on HB 1602, HB 1873, HB 1944, HB 1945, and any other business that may come before the Committee.
    Room G50
    Irvis Office

     
    Profile photo of Raven
    Profile photo of John Paul
    John Paul
    on: Jan 14, 2014 at 9:13 pm #125118

    Note that this bill is tracked as HB1680. HB1602 deals with certain public lands.

     
    Profile photo of John Paul
    Profile photo of Raven
    Raven
    on: Jan 15, 2014 at 7:59 am #125991

    Thanks for the correction, JP. I noticed the error yesterday, but didn’t have time to change it.

     
    Profile photo of Raven
    Raven
    on: Jan 15, 2014 at 8:56 am #126060

    I can’t change the postings referring incorrectly to H.B. 1620, John Paul. I would appreciate your deleting them, though, so people are not misdirected. Thanks, and I’ll be more careful about this if any new information arises about H.B. 1680.

     
    Profile photo of Gwen's Down
    gwen on: Jan 26, 2014 at 10:37 am #137820

    Does anyone have an update on whether or not this bill or amendment was addressed on the 14th?

     
    Profile photo of John Paul
    John Paul
    on: Jan 26, 2014 at 10:42 am #137822

    No action has been taken with this bill since it was referred to the Committee on State Government on Sept. 9, 2013.

    As of today, the Committee has not placed this bill on their agenda for hearings or consideration.

     
    Profile photo of Raven
    Raven
    on: Jan 26, 2014 at 12:46 pm #137850

    I received a phone call back from Jaret Gibbons’ office on Wednesday, 1/22/2014, and nothing more has transpired with the bill. Also, the secretary was personally unfamiliar with it. They put it on a watch list, though, and said they would call again if further action was taken. I plan upon checking it regularly and talking to Gibbons, if possible.

     
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