| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| HOUSE BILL |
|
| |
| |
| INTRODUCED BY DAVIS, DeLUCA, CARROLL, GERBER, HORNAMAN, JOSEPHS, KORTZ, SANTARSIERO, SWANGER, TRUITT AND VULAKOVICH, MARCH 21, 2011 |
| |
| |
| REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 21, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Amending Title 65 (Public Officers) of the Pennsylvania |
2 | Consolidated Statutes, in ethics standards and financial |
3 | disclosure, providing for gift ban. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 65 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 1103.1. Gift ban. |
9 | (a) Gifts.--Except as otherwise provided for in this |
10 | section, no public officer or candidate shall receive, accept, |
11 | take, seek or solicit any gift having either a fair market value |
12 | or aggregate actual cost greater than $50 from any lobbyist, |
13 | lobbying firm or principal of a lobbyist in a calendar year. |
14 | (b) Hospitality.--Except as otherwise provided for in this |
15 | section, no public officer or candidate shall receive, accept, |
16 | take, seek or solicit hospitality, transportation or lodging |
17 | having either a fair market value or aggregate actual cost |
18 | greater than $500 from any lobbyist, lobbying firm or principal |
|
1 | of a lobbyist in a calendar year. |
2 | (c) Exception.--The prohibition in subsections (a) and (b) |
3 | shall not apply to the following: |
4 | (1) A gift from a relative. |
5 | (2) A gift from an individual on the basis of a personal |
6 | friendship unless the public officer or candidate has reason |
7 | to believe the gift was made because of the official position |
8 | or employment of the public officer or candidate. In |
9 | determining whether a gift is provided on the basis of a |
10 | personal friendship, a public official or candidate must |
11 | consider the following: |
12 | (i) The history of the public official or |
13 | candidate's relationship with the individual, including |
14 | any previous exchange of gifts. |
15 | (ii) Whether, to the public official or candidate's |
16 | knowledge, the individual personally paid for the gift or |
17 | whether the individual sought a tax deduction or business |
18 | reimbursement for the cost of the gift. |
19 | (iii) Whether, to the public official or candidate's |
20 | knowledge, the individual at the same time gave the same |
21 | or similar gifts to other public officials or candidates |
22 | or their staff. |
23 | (3) Informational materials that are sent to an office |
24 | of the public officer in the form of books, articles, |
25 | periodicals, other written materials, audiotapes, videotapes |
26 | or other forms of communication. |
27 | (4) Awards or prizes that are given to competitors in |
28 | contests or events open to the public, including random |
29 | drawings. |
30 | (5) Honorary degrees and associated travel, food, |
|
1 | refreshments and entertainment provided in the presentation |
2 | of the degrees and awards. |
3 | (6) Training provided to a public officer if the |
4 | training relates to the public officer's position. This shall |
5 | include food and refreshments furnished to all attendees as |
6 | an integral part of the training. |
7 | (7) Educational mission including meetings with |
8 | government officials, either foreign or domestic, intended to |
9 | educate public officials on matters of public policy, to |
10 | which the public officer or candidate may be invited to |
11 | participate along with other Federal, State or local public |
12 | officials and community leaders. |
13 | (8) Bequests, inheritances and other transfers at death. |
14 | (9) A plaque, trophy or other item that is substantially |
15 | commemorative in nature. |
16 | (10) Donations of products from a Pennsylvania company |
17 | that are intended primarily for promotional purposes, such as |
18 | display or free distribution, and are of minimal value to any |
19 | individual recipient. |
20 | (d) Definitions.--The following words and phrases when used |
21 | in this section shall have the meanings given to them in this |
22 | subsection: |
23 | "Lobbying firm." As defined in section 13A03 (relating to |
24 | definitions). |
25 | "Lobbyist." As defined in section 13A03. |
26 | "Principal." As defined in section 13A03. |
27 | "Public officer." A public official, executive-level State |
28 | employee or public employee. |
29 | "Relative." An individual related to the public official or |
30 | candidate as: |
|
1 | (1) (i) father or mother; |
2 | (ii) husband or wife; |
3 | (iii) brother, sister, half-brother or half-sister; |
4 | (iv) son or daughter; |
5 | (v) grandfather or grandmother; |
6 | (vi) grandson or granddaughter; |
7 | (vii) uncle or aunt; |
8 | (viii) niece or nephew; |
9 | (ix) first cousin; |
10 | (x) great uncle or great aunt; |
11 | (xi) mother-in-law or father-in-law; |
12 | (xii) daughter-in-law or son-in-law; |
13 | (xiii) stepfather or stepmother; |
14 | (xiv) stepson or stepdaughter; or |
15 | (xv) stepsister or stepbrother. |
16 | (2) The term shall include the grandfather and |
17 | grandmother of the public official's or candidate's spouse. |
18 | Section 2. This act shall take effect in 60 days. |
|