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PRINTER'S NO. 595
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
570
Session of
2017
INTRODUCED BY DAVIS, DEAN, KINSEY, McNEILL, THOMAS, VITALI,
SOLOMON, O'BRIEN, MULLERY AND MURT, FEBRUARY 21, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 21, 2017
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 may receive, accept,
take, seek or solicit any gift having either a fair market value
or aggregate actual cost greater than $50 from a lobbyist,
lobbying firm or principal in a calendar year.
(b) Hospitality.--Except as otherwise provided for in this
section, no public officer or candidate may receive, accept,
take, seek or solicit hospitality, transportation or lodging
having either a fair market value or aggregate actual cost
greater than $500 from a lobbyist, lobbying firm or principal of
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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's 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's 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,
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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) An 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
a 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:
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(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.
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