PRIOR PRINTER'S NO. 1927 | PRINTER'S NO. 1931 |
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. | 1327 | Session of 2014 |
INTRODUCED BY BAKER, SMUCKER, PILEGGI, VOGEL, EICHELBERGER, TEPLITZ, FONTANA, STACK, WASHINGTON, ERICKSON, YUDICHAK, KASUNIC, GORDNER, SCHWANK, SMITH, HUGHES, ARGALL, VULAKOVICH, RAFFERTY, WHITE, GREENLEAF, COSTA, BREWSTER, BLAKE, FARNESE, VANCE, BROWNE, ALLOWAY AND BRUBAKER, APRIL 7, 2014
SENATOR SMUCKER, STATE GOVERNMENT, AS AMENDED, APRIL 7, 2014
AN ACT
1Amending Title 65 (Public Officers) of the Pennsylvania
2Consolidated Statutes, in ethics standards and financial
3disclosure, further providing for definitions and for
4restricted activities; and prescribing penalties.
5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:
7Section 1. Section 1102 of Title 65 of the Pennsylvania
8Consolidated Statutes is amended by adding definitions to read:
9§ 1102. Definitions.
10The following words and phrases when used in this chapter
11shall have, unless the context clearly indicates otherwise, the
12meanings given to them in this section:
13* * *
14"Cash gift."
15(1) Any of the following:
16(i) United States or foreign currency.
17(ii) A money order.
1(iii) A check.
2(iv) A prepaid debit or credit card.
3(v) A gift card or certificate.
4(2) The term does not include:
5(i) A political contribution reported as required by
6law.
7(ii) A commercial loan made in the ordinary course
8of business.
9(iii) A transaction involving reasonable
10consideration of equal or greater value.
11(iv) A cash gift from a parent, sibling, spouse,
12child, stepchild, stepparent, stepsibling, grandparent,
13grandchild, parent-in-law or, sibling-in-law <-or other
14close relative when the circumstances make it clear that
15the motivation for the action was a personal or family
16relationship.
17(v) A cash gift available to the public or offered
18to members of a group or class in which membership is not
19related to being a public official or public employee.
20(vi) An award or prize given to competitors in any
21contest or event open to the public, including random
22drawings.
23* * *
24"Lobbyist." Any individual, association, corporation,
25partnership, business trust or other entity that is registered
26as a lobbyist under Chapter 13A (relating to lobbying
27disclosure).
28* * *
29"Official action." An administrative action or legislative
30action, as those terms are defined in section 13A03 (relating to
1definitions).
2* * *
3"Principal." Any individual, association, corporation,
4partnership, business trust or other entity that is registered
5as a principal under Chapter 13A (relating to lobbying
6disclosure).
7* * *
8Section 2. Sections 1103 and 1109 of Title 65 are amended by
9adding subsections to read:
10§ 1103. Restricted activities.
11* * *
12(k) Cash gifts.--No public official or public employee shall
13accept or solicit a cash gift from any of the following:
14(1) A lobbyist or principal.
15(2) A person that is seeking official action from the
16public official or public employee.
17§ 1109. Penalties.
18* * *
19(a.1) Cash gifts.--
20(1) Any person who intentionally violates the provisions
21of section 1103(k) (relating to restricted activities)
22involving:
23(i) An amount of less than $250 commits a
24misdemeanor and shall, upon conviction, be sentenced to
25pay a fine of not more than $1,000 plus costs and, if
26payment of the fine and costs is not timely made, to
27imprisonment for not more than two years.
28(ii) An amount of $250 or more commits a felony and
29shall, upon conviction, be sentenced to pay a fine of not
30more than $10,000 plus costs or to imprisonment for not
1more than five years, or both.
2(2) Each fine and penalty imposed under this section
3shall be paid into the General Fund.
4* * *
5Section 3. This act shall take effect in 60 days.