PRINTER'S NO. 3158
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1983
Session of
2015
INTRODUCED BY DAVIS, DERMODY, HANNA, CARROLL, YOUNGBLOOD,
FRANKEL, PETRARCA, KIM, DeLUCA, DEAN, PASHINSKI, O'BRIEN,
WATSON, MULLERY, TRUITT, D. MILLER, SANTARSIERO AND CONKLIN,
APRIL 11, 2016
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 11, 2016
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, in ethics standards and financial
disclosure, providing for gift ban.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 65 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 1103.1. Gift ban.
(a) Gifts.--Except as otherwise provided for in this
section, no public official or public employee shall receive,
accept, take, seek or solicit any gift having either a fair
market value or aggregate actual cost greater than $25 from any
person in a calendar year.
(b) Exception.--The prohibition in subsection (a) shall not
apply to the following:
(1) A gift from a relative.
(2) A gift from an individual on the basis of a personal
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friendship unless the public official or public employee has
reason to believe the gift was made because of the official
position or employment of the public official or public
employee. In determining whether a gift is provided on the
basis of a personal friendship, a public official or public
employee must consider the following:
(i) The history of the public official's or public
employee's relationship with the individual, including
any previous exchange of gifts.
(ii) Whether, to the public official's, or public
employee's knowledge, the individual personally paid for
the gift or whether the individual sought a tax deduction
or business reimbursement for the cost of the gift.
(iii) Whether, to the public official's or public
employee's knowledge, the individual at the same time
gave the same or similar gifts to other public officials
or public employees.
(3) Informational materials that are sent to an office
of the public official or public employee in the form of
books, articles, periodicals, other written materials,
audiotapes, videotapes or other forms of communication.
(4) Awards or prizes that are given to competitors in
contests or events open to the public, including random
drawings.
(5) Honorary degrees and associated travel, food,
refreshments and entertainment provided in the presentation
of the degrees and awards.
(6) Training provided to a public official or public
employee if the training relates to the public official's or
public employee's position or employment. This shall include
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food and refreshments furnished to all attendees as an
integral part of the training.
(7) Educational mission including meetings with
government officials, either foreign or domestic, intended to
educate public officials or public employees on matters of
public policy, to which the public official or public
employee may be invited to participate along with other
Federal, State or local public officials and community
leaders.
(8) Bequests, inheritances and other transfers at death.
(9) A plaque, trophy or other item that is substantially
commemorative in nature.
(10) Donations of products from a Pennsylvania company
that are intended primarily for promotional purposes, such as
display or free distribution, and are of minimal value to any
individual recipient.
(d) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection:
"Relative." An individual related to the public official or
public employee as an immediate family member or any of the
following:
(1) half-brother or half-sister;
(2) grandfather or grandmother;
(3) spouse's grandfather or grandmother;
(4) grandson or granddaughter;
(5) uncle or aunt;
(6) niece or nephew;
(7) first cousin;
(8) great uncle or great aunt;
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(9) mother-in-law or father-in-law;
(10) daughter-in-law or son-in-law;
(11) stepfather or stepmother;
(12) stepson or stepdaughter; or
(13) stepsister or stepbrother.
Section 2. This act shall take effect in 60 days.
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