THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SACCONE, MULLERY, ROCK AND TRUITT, FEBRUARY 22, 2012

REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 22, 2012  

AN ACT

Amending Title 65 (Public Officers) of the Pennsylvania

Consolidated Statutes, in ethics standards and financial

disclosure, prohibiting certain gifts; providing for

exceptions; and further providing for statement of financial

interests.

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 sections to read:

§ 1103.1.  Gifts.

No public official or employee shall solicit or accept,

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

gratuity from any person who:

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

financial relationship with the public official's or

employee's governing body, including the acquisition of a

grant or loan.

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

legislation by the public official's or employee's

governmental body.

(3)  Conducts operations or activities which are

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

body.

(4)  Has an economic interest which may be substantially

affected by the performance or nonperformance of the public

official's or employee's official job duties.

§ 1103.2.  Exceptions.

The prohibition stated in section 1103.1 (relating to gifts)

shall not apply to the following:

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

friend, unless the relative or friend is in a restricted

relationship as delineated in section 1103.1. The term

"friend" shall not include a registered lobbyist or

principal.

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

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

Pennsylvania Election Code, lawfully made under that act.

(3)  Informational materials that are sent to the office

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

periodicals, other written materials, audiotapes, videotapes

or other forms of communication for nonentertainment

purposes.

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

contests or events open to the public, including random

drawings.

(5)  Honorary degrees and awards 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 is in the interest of the

governmental entity. This paragraph shall include food and

refreshments furnished to all attendees as an integral part

of the training.

(7)  An educational mission, including a meeting with

government officials, either foreign or domestic, intended to

educate public officials on matters of public policy, to

which the public official may be invited to participate along

with other Federal, State or local public officials and

community leaders.

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

government or governmental entity under a government

contract.

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

commemorative in nature and has minimal value.

Section 2.  Section 1105(b)(6) of Title 65 is amended to

read:

§ 1105.  Statement of financial interests.

* * *

(b)  Required information.--The statement shall include the

following information for the prior calendar year with regard to

the person required to file the statement:

* * *

(6)  The name and address of the source and the amount of

any gift or gifts, not otherwise prohibited by this chapter, 

valued in the aggregate at $250 or more and the circumstances

of each gift. This paragraph shall not apply to a gift or

gifts received from a spouse, parent, parent by marriage,

sibling, child, grandchild, other family member or friend

when the circumstances make it clear that the motivation for

the action was a personal or family relationship. However,

for the purposes of this paragraph, the term "friend" shall

not include a registered lobbyist or an employee of a

registered lobbyist.

* * *

Section 3.  This act shall take effect in 60 days.