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PA Bulletin, Doc. No. 04-1385

THE GOVERNOR

Title 4--ADMINISTRATION

PART I. GOVERNOR'S OFFICE

[4 PA. CODE CH. 7]

[EXECUTIVE ORDER 1980-18, REVISION NO. 2]

Code of Conduct

[34 Pa.B. 4013]

July 5, 2004

   By virtue of the authority vested in me by the Constitution of the Commonwealth of Pennsylvania and other laws, I, Edward G. Rendell, Governor of the Commonwealth of Pennsylvania, hereby revise Part I, Section 1 of Executive Order 1980-18, page 1, as follows:

Governor

   Fiscal Note:  GOV 04-8. No fiscal impact; (8) recommends adoption.

Annex A

TITLE 4. ADMINISTRATION

PART I. GOVERNOR'S OFFICE

CHAPTER 7. MISCELLANEOUS PROVISIONS

Subchapter K. CODE OF CONDUCT FOR APPOINTED OFFICIALS AND STATE EMPLOYEES

RESTRICTED ACTIVITIES:  CONFLICTS OF INTEREST

§ 7.151. Adverse pecuniary interest.

   An employee, appointee or official in the Executive Branch of the Commonwealth may not do the following:

   (1) Engage directly or indirectly in business transactions or private arrangement for profit which accrues from or is based upon his official position or authority.

   (2) Participate in the negotiation of or decision to award contracts, the settlement of claims or charges in contracts, the making of loans, the granting of subsidies, the fixing of rates, or the issuance of permits, certificates, guarantees or other things of value to, with or for an entity in which he has a financial or personal interest.

   (3) Hold any pecuniary interest in, or own shares or securities issued by, an entity regulated by 45 Pa.C.S. Part II (relating to the Pennsylvania Race Horse Development and Gaming Act) (herein, a ''regulated gaming entity''). This provision does not apply to any interests held as follows:

   (i) In mutual funds when the value of the interest owned does not exceed 1% of the total fair market value of the regulated gaming entity.

   (ii) Through defined benefit pension plans.

   (iii) In blind trusts over which the holder may not exercise any managerial control or receive income during the time period the holder is subject to these provisions.

   (iv) In a regulated gaming entity prior to July 6, 2004, by individuals other than the following:

   (A) Employees of the Pennsylvania State Police or the Department of Revenue whose duties include any aspect of the gaming industry.

   (B) Members of the State Horse Racing Commission or the State Harness Racing Commission and their respective staff.

   (C) Public officials appointed by the Governor and Commonwealth employees under the Governor's jurisdiction.

   (D) Members of the board of the Public School Employees Retirement System and its employees.

   (E) Members of the board of the State Employees Retirement System and its employees.

   (F) Members of the board of the Independent Regulatory Review Commission and its employees.

[Pa.B. Doc. No. 04-1385. Filed for public inspection July 30, 2004, 9:00 a.m.]


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