PRINTER'S NO.  3088

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

2174

Session of

2012

  

  

INTRODUCED BY SACCONE, BENNINGHOFF, CREIGHTON, MULLERY, ROCK, SIMMONS, SWANGER, TRUITT AND VULAKOVICH, FEBRUARY 13, 2012

  

  

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 13, 2012  

  

  

  

AN ACT

  

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Amending Title 65 (Public Officers) of the Pennsylvania

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Consolidated Statutes, in ethics standards and financial

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disclosure, prohibiting certain gifts; and providing for

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exceptions.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Title 65 of the Pennsylvania Consolidated

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Statutes is amended by adding sections to read:

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§ 1103.1.  Gifts.

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No public official or employee shall solicit or accept,

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directly or indirectly, anything of economic value as a gift or

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gratuity from any person who:

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(1)  Has or is seeking a contractual, business or

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financial relationship with the public official's or

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employee's governing body, including the acquisition of a

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grant or loan.

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(2)  Is compensated to influence the passage or defeat of

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legislation by the public official's or employee's

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governmental body.

 


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(3)  Conducts operations or activities which are

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regulated by the public official's or employee's governmental

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body.

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(4)  Has an economic interest which may be substantially

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affected by the performance or nonperformance of the public

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official's or employee's official job duties.

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§ 1103.2.  Exceptions.

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The prohibition stated in section 1103.1 (relating to gifts)

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shall not apply to the following:

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(1)  Gifts or other things of value from a relative or

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friend, unless the relative or friend is in a restricted

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relationship as delineated in section 1103.1. The term

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"friend" shall not include a registered lobbyist or

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principal.

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(2)  A contribution, as defined in section 1621 of the

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act of June 3, 1937 (P.L.1333, No.320), known as the

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Pennsylvania Election Code, lawfully made under that act.

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(3)  Informational materials that are sent to the office

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of the public official in the form of books, articles,

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periodicals, other written materials, audiotapes, videotapes

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or other forms of communication for nonentertainment

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purposes.

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(4)  Awards or prizes that are given to competitors in

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contests or events open to the public, including random

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drawings.

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(5)  Honorary degrees and awards and associated travel,

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food, refreshments and entertainment provided in the

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presentation of the degrees and awards.

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(6)  Training provided to a public official or public

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employee, if the training is in the interest of the

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governmental entity. This paragraph shall include food and

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refreshments furnished to all attendees as an integral part

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of the training.

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(7)  An educational mission, including a meeting with

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government officials, either foreign or domestic, intended to

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educate public officials on matters of public policy, to

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which the public official may be invited to participate along

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with other Federal, State or local public officials and

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community leaders.

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(8)  Anything paid for by the Federal, State or other

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government or governmental entity under a government

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contract.

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(9)  A plaque, trophy or other item that is substantially

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commemorative in nature and has minimal value.

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Section 2.  This act shall take effect in 60 days.

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