PRINTER'S NO. 3771
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2519
Session of
2018
INTRODUCED BY WALSH, METCALFE, DEAN, STEPHENS, BARRAR, THOMAS,
DUNBAR, RYAN, SACCONE, CALTAGIRONE AND BERNSTINE,
JUNE 20, 2018
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 20, 2018
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, in ethics standards and financial
disclosure, further providing for definitions, for restricted
activities, for statement of financial interests and for
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1102 of Title 65 of the Pennsylvania
Consolidated Statutes is amended by adding a definition to read:
§ 1102. Definitions.
The following words and phrases when used in this chapter
shall have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Cash." United States currency and coin and foreign currency
and coin.
* * *
Section 2. Section 1103 of Title 65 is amended by adding a
subsection to read:
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§ 1103. Restricted activities.
* * *
(c.1) Accepting a gift of cash.--
(1) No public official, public employee or nominee or
candidate for public office shall solicit or accept any gift
of cash.
(2) This subsection shall not apply to any 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.
(3) For the purposes of this subsection, the term
"friend" shall not include a registered lobbyist or an
employee of a registered lobbyist.
* * *
Section 3. Section 1105(b) and (c) of Title 65 are amended
and the section is amended by adding a subsection 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:
(1) Name, address and public position.
(2) Occupation or profession.
(3) Any direct or indirect interest in any real estate
which was sold or leased to the Commonwealth, any of its
agencies or political subdivisions, or purchased or leased
from the Commonwealth, any of its agencies or political
subdivisions, or which was the subject of any condemnation
proceedings by the Commonwealth, any of its agencies or
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political subdivisions.
(4) The name and address of each creditor to whom is
owed in excess of $6,500 and the interest rate thereon.
However, loans or credit extended between members of the
immediate family and mortgages securing real property which
is the principal or secondary residence of the person filing
shall not be included.
(5) The name and address of any direct or indirect
source of income totaling in the aggregate $1,300 or more.
However, this provision shall not be construed to require the
divulgence of confidential information protected by statute
or existing professional codes of ethics or common law
privileges.
(6) The name and address of the source and the amount of
any gift [or gifts valued in the aggregate at $250 or] of
more than $50 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.
(7) The name and address of the source and the amount of
any payment for or reimbursement of an actual [expenses]
expense for transportation and lodging or hospitality
received in connection with public office or employment where
such actual [expenses] expense for transportation and lodging
or hospitality [exceed $650 in an aggregate amount per year]
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exceeds $100. This paragraph shall not apply to expenses
reimbursed by a governmental body or to expenses reimbursed
by an organization or association of public officials or
employees of political subdivisions which the public official
or employee serves in an official capacity.
(8) Any office, directorship or employment of any nature
whatsoever in any business entity.
(9) Any financial interest in any legal entity engaged
in business for profit.
(10) The identity of any financial interest in a
business with which the reporting person is or has been
associated in the preceding calendar year which has been
transferred to a member of the reporting person's immediate
family.
(b.1) Voluntary information.--A person required to file a
statement of financial interests may voluntarily report a gift,
payment or reimbursement that is below the monetary threshold
for reporting under subsection (b)(6) or (7).
(c) Reporting amounts.--Except [where an amount is] as
required to be reported pursuant to subsection (b)(6) and (7),
the statement of financial interests need not include specific
amounts for the items required to be listed.
* * *
Section 4. Section 1109(a) of Title 65 is amended to read:
§ 1109. Penalties.
(a) Restricted activities violation.--Any person who
violates the provisions of section 1103(a), (b) [and (c)], (c)
and (c.1) (relating to restricted activities) commits a felony
and shall, upon conviction, be sentenced to pay a fine of not
more than $10,000 or to imprisonment for not more than five
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years, or both.
* * *
Section 5. This act shall take effect as follows:
(1) The following provisions shall take effect
immediately:
(i) The addition of the definition of "cash" in 65
Pa.C.S. § 1102 and the amendment or addition of 65
Pa.C.S. §§ 1103(c.1) and 1109(a).
(ii) This section.
(2) The remainder of this act shall take effect in 60
days.
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