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

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:

§ 1103.1.  Gift ban.

(a)  Gifts.--Except as otherwise provided for in this

section, no public officer or candidate shall receive, accept,

take, seek or solicit any gift having either a fair market value

or aggregate actual cost greater than $50 from any lobbyist,

lobbying firm or principal of a lobbyist in a calendar year.

(b)  Hospitality.--Except as otherwise provided for in this

section, no public officer or candidate shall receive, accept,

take, seek or solicit hospitality, transportation or lodging

having either a fair market value or aggregate actual cost

greater than $500 from any lobbyist, lobbying firm or principal

of a lobbyist in a calendar year.

(c)  Exception.--The prohibition in subsections (a) and (b)

shall not apply to the following:

(1)  A gift from a relative.

(2)  A gift from an individual on the basis of a personal

friendship unless the public officer or candidate has reason

to believe the gift was made because of the official position

or employment of the public officer or candidate. In

determining whether a gift is provided on the basis of a

personal friendship, a public official or candidate must

consider the following:

(i)  The history of the public official or

candidate's relationship with the individual, including

any previous exchange of gifts.

(ii)  Whether, to the public official or candidate'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 or candidate's

knowledge, the individual at the same time gave the same

or similar gifts to other public officials or candidates

or their staff.

(3)  Informational materials that are sent to an office

of the public officer 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 officer if the

training relates to the public officer's position. This shall

include 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 on matters of public policy, to

which the public officer or candidate 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:

"Lobbying firm."  As defined in section 13A03 (relating to

definitions).

"Lobbyist."  As defined in section 13A03.

"Principal."  As defined in section 13A03.

"Public officer."  A public official, executive-level State

employee or public employee.

"Relative."  An individual related to the public official or

candidate as:

(1)  (i)  father or mother;

(ii)  husband or wife;

(iii)  brother, sister, half-brother or half-sister;

(iv)  son or daughter;

(v)  grandfather or grandmother;

(vi)  grandson or granddaughter;

(vii)  uncle or aunt;

(viii)  niece or nephew;

(ix)  first cousin;

(x)  great uncle or great aunt;

(xi)  mother-in-law or father-in-law;

(xii)  daughter-in-law or son-in-law;

(xiii)  stepfather or stepmother;

(xiv)  stepson or stepdaughter; or

(xv)  stepsister or stepbrother.

(2)  The term shall include the grandfather and

grandmother of the public official's or candidate's spouse.

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