1Amending Title 65 (Public Officers) of the Pennsylvania
2Consolidated Statutes, in ethics standards and financial
3disclosure, providing for gift ban.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Title 65 of the Pennsylvania Consolidated
7Statutes is amended by adding a section to read:

8§ 1103.1. Gift ban.

9(a) Gifts.--Except as otherwise provided for in this
10section, no public officer or candidate shall receive, accept,
11take, seek or solicit any gift having either a fair market value
12or aggregate actual cost greater than $50 from any lobbyist,
13lobbying firm or principal of a lobbyist in a calendar year.

14(b) Hospitality.--Except as otherwise provided for in this
15section, no public officer or candidate shall receive, accept,
16take, seek or solicit hospitality, transportation or lodging
17having either a fair market value or aggregate actual cost
18greater than $500 from any lobbyist, lobbying firm or principal

1of a lobbyist in a calendar year.

2(c) Exception.--The prohibition in subsections (a) and (b)
3shall 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
6friendship unless the public officer or candidate has reason
7to believe the gift was made because of the official position
8or employment of the public officer or candidate. In
9determining whether a gift is provided on the basis of a
10personal friendship, a public official or candidate must
11consider the following:

12(i) The history of the public official or
13candidate's relationship with the individual, including
14any previous exchange of gifts.

15(ii) Whether, to the public official or candidate's
16knowledge, the individual personally paid for the gift or
17whether the individual sought a tax deduction or business
18reimbursement for the cost of the gift.

19(iii) Whether, to the public official or candidate's
20knowledge, the individual at the same time gave the same
21or similar gifts to other public officials or candidates
22or their staff.

23(3) Informational materials that are sent to an office
24of the public officer in the form of books, articles,
25periodicals, other written materials, audiotapes, videotapes
26or other forms of communication.

27(4) Awards or prizes that are given to competitors in
28contests or events open to the public, including random
29drawings.

30(5) Honorary degrees and associated travel, food,

1refreshments and entertainment provided in the presentation
2of the degrees and awards.

3(6) Training provided to a public officer if the
4training relates to the public officer's position. This shall
5include food and refreshments furnished to all attendees as
6an integral part of the training.

7(7) Educational mission including meetings with
8government officials, either foreign or domestic, intended to
9educate public officials on matters of public policy, to
10which the public officer or candidate may be invited to
11participate along with other Federal, State or local public
12officials and community leaders.

13(8) Bequests, inheritances and other transfers at death.

14(9) A plaque, trophy or other item that is substantially
15commemorative in nature.

16(10) Donations of products from a Pennsylvania company
17that are intended primarily for promotional purposes, such as
18display or free distribution, and are of minimal value to any
19individual recipient.

20(d) Definitions.--The following words and phrases when used
21in this section shall have the meanings given to them in this
22subsection:

23"Lobbying firm." As defined in section 13A03 (relating to
24definitions).

25"Lobbyist." As defined in section 13A03.

26"Principal." As defined in section 13A03.

27"Public officer." A public official, executive-level State
28employee or public employee.

29"Relative." An individual related to the public official or
30candidate 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
17grandmother of the public official's or candidate's spouse.

18Section 2. This act shall take effect in 60 days.