1Amending Title 65 (Public Officers) of the Pennsylvania
2Consolidated Statutes, in ethics standards and financial
3disclosure, further providing for definitions, for restricted
4activities, statement of financial interests required to be
5filed, statement of financial interests, providing for ethics
6training program and further providing for penalties.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Section 1102 of Title 65 of the Pennsylvania
10Consolidated Statutes is amended by adding definitions to read:

11* * *

12§ 1102. Definitions.

13The following words and phrases when used in this chapter
14shall have, unless the context clearly indicates otherwise, the
15meanings given to them in this section:

16* * *

17"Cash." United States currency and coin.

18"Cash equivalent."  An asset that is readily convertible to

19cash, including, but not limited to, any of the following:

1(1)  Travelers checks.

2(2) Foreign currency and coin.

3(3) Certified checks, cashier's checks and money orders.

4(4) Personal checks or drafts.

5(5)  A negotiable instrument applied against credit
6extended by a certificate holder or a financial institution.

7(6) Any other instrument or representation of value that
8the commission deems a cash equivalent.

9* * *

10Section 2. Section 1103(b) and (c) of Title 65 are amended
11and the section is amended by adding subsections to read:

12§ 1103. Restricted activities.

13* * *

14(b) Seeking improper influence.--No person shall offer or
15give to a public official, public employee or nominee or
16candidate for public office or a member of his immediate family
17or a business with which he is associated anything of monetary
18value, including a gift, loan, political contribution, reward
19[or], promise of future employment or pro bono services valued 
20in excess of $100 per year, based on the offeror's or donor's
21understanding that the vote, official action or judgment of the
22public official or public employee or nominee or candidate for
23public office would be influenced thereby

24(b.1) Cash gifts prohibited.--

25(1) A person may not offer or give a cash gift or cash
26equivalent gift to any of the following:

27(i) A public official, public employee or nominee or
28candidate for public office.

29(ii) An immediate family member of an individual
30under subparagraph (i) or a business who is associated

1with an individual under subparagraph (i).

2(2) This subsection shall not apply to a gift offered or
3given by a spouse, parent, parent by marriage, sibling,
4child, grandchild, other family member or friend of an
5individual under paragraph (1)(i) when the circumstances make
6it clear that the motivation for the action was a personal or
7family relationship.

8(3) As used in the subsection, the term "friend" does
9not include a registered lobbyist or an employee of a
10registered lobbyist.

11(c) Accepting improper influence.--No public official,
12public employee or nominee or candidate for public office shall
13solicit or accept anything of monetary value, including a gift,
14loan, political contribution, reward [or], promise of future
15employment or pro bono services valued in excess of $100 per 
16year, based on any understanding of that public official, public
17employee or nominee that the vote, official action or judgment
18of the public official or public employee or nominee or
19candidate for public office would be influenced thereby.

20(c.1) Accepting cash gifts.--

21(1) A public official, public employee or nominee or
22candidate for public office may not solicit or accept a cash
23gift or a cash equivalent gift.

24(2) This subsection shall not apply to a gift solicited
25or accepted from a spouse, parent, parent by marriage,
26sibling, child, grandchild, other family member or friend of
27an individual under paragraph (1) when the circumstances make
28it clear that the motivation for the action was a personal or
29family relationship.

30(3) As used in the subsection, the term "friend" does
 

1not include a registered lobbyist or an employee of a 
2registered lobbyist.

3* * *

4Section 3. Sections 1104(a) and 1105(b)(6) and (7) of Title
565 are amended to read:

6§ 1104. Statement of financial interests required to be filed.

7(a) Public official or public employee.--Each public
8official of the Commonwealth shall file a current statement of
9financial interests [for the preceding calendar year] with the
10commission [no later than May 1 of] once every 90 days in each
11year that he holds such a position and [of] once every 90 days 
12in the year after he leaves such a position. Each public
13employee and public official of the Commonwealth shall file a
14current statement of financial interests [for the preceding
15calendar year] with the department, agency, body or bureau in
16which he is employed or to which he is appointed or elected [no
17later than May 1 of] once every 90 days in each year that he
18holds such a position and [of] once every 90 days in the year
19after he leaves such a position. Any other public employee or
20public official shall file a current statement of financial
21interests with the governing authority of the political
22subdivision by which he is employed or within which he is
23appointed or elected [no later than May 1 of] once every 90 days 
24in each year that he holds such a position and [of] once every 
2590 days in the year after he leaves such a position. Persons who
26are full-time or part-time solicitors for political subdivisions
27are required to file under this section.

28* * *

29§ 1105. Statement of financial interests.

30* * *

1(b) Required information.--The statement shall include the
2following information [for the prior calendar year] with regard
3to the person required to file the statement:

4* * *

5(6) The name and address of the source and the amount of
6any gift or gifts valued in the aggregate at [$250] $100 or
7more and the circumstances of each gift. This paragraph shall
8not apply to a gift or gifts received from a spouse, parent,
9parent by marriage, sibling, child, grandchild, other family
10member or friend when the circumstances make it clear that
11the motivation for the action was a personal or family
12relationship. However, for the purposes of this paragraph,
13the term "friend" shall not include a registered lobbyist or
14an employee of a registered lobbyist.

15(7) The name and address of the source and the amount of
16any payment for or reimbursement of actual expenses for
17transportation and lodging or hospitality received in
18connection with public office or employment where such actual
19expenses for transportation and lodging or hospitality exceed
20[$650] $100 in an aggregate amount per year. This paragraph
21shall not apply to expenses reimbursed by a governmental body
22or to expenses reimbursed by an organization or association
23of public officials or employees of political subdivisions
24which the public official or employee serves in an official
25capacity.

26* * *

27Section 4. Title 65 is amended by adding a section to read:

28§ 1108.1. Ethics training program.

29(a) Program.--The commission shall provide an ethics
30training program to public employees and public officials.

1(b) Training.--A public employee or public official shall
2receive training under the program provided under subsection (a)
3within 30 days of the date of employment.

4(c) Additional training.--

5(1) In addition to the program provided under subsection
6(a), an agency may provide an ethics training program
7designed for the agency to a public employee.

8(2) An agency providing a program under paragraph (1)
9shall maintain a record of the content of the program.

10Section 5. Section 1109(a) and (f) of Title 65 are amended 
11to read:

12§ 1109. Penalties.

13(a) Restricted activities violation.--

14(1) Any public official or executive-level State
15employee who violates the provisions of section 1103(a), (b)
16and (c) (relating to restricted activities) commits a felony
17of the second degree.

18(2) Any person who is not a public official or an 
19executive-level State employee who violates the provisions of
20section 1103(a), (b) and (c) [(relating to restricted
21activities)] commits a felony and shall, upon conviction, be
22sentenced to pay a fine of not more than $10,000 or to
23imprisonment for not more than five years, or both.

24* * *

25(f) Civil penalty.--In addition to any other civil remedy or
26criminal penalty provided for in this chapter, the commission
27may, after notice has been served in accordance with section
281107(5) (relating to powers and duties of commission) and upon a
29majority vote of its members, levy a civil penalty upon any
30person subject to this chapter who fails to file a statement of

1financial interests in a timely manner or who files a deficient
2statement of financial interests, at a rate of not more than $25
3for each day such statement remains delinquent or deficient.
4[The maximum penalty payable under this paragraph is $250.]

5* * *

6Section 6. This act shall take effect in 60 days.