H2519B3771A09482 DMS:EJH 09/25/18 #90 A09482
AMENDMENTS TO HOUSE BILL NO. 2519
Sponsor: REPRESENTATIVE SACCONE
Printer's No. 3771
Amend Bill, page 1, line 3, by striking out the comma after
"definitions" and inserting
and
Amend Bill, page 1, line 4, by inserting after "activities,"
providing for gift ban and further providing
Amend Bill, page 1, lines 8 and 9, by striking out all of
said lines and inserting
Section 1. The definition of "person in section 1102 of
Title 65 of the Pennsylvania Consolidated Statutes is amended
and the section is amended by adding definitions to read:
Amend Bill, page 1, by inserting between lines 17 and 18
" Lobbyist. " As defined in section 13A03 (relating to
definitions).
* * *
"Person." A business, governmental body, individual,
lobbyist, employee of a lobbyist, corporation, union,
association, firm, partnership, committee, club or other
organization or group of persons.
* * *
Amend Bill, page 2, by inserting between lines 15 and 16
Section 3. Title 65 is amended by adding a section to read:
ยง 1103.1. Gift ban.
(a) General rule.--Except as otherwise provided for in
subsection (b), no public official or public employee may
receive, accept, take, seek or solicit a gift having either a
fair market value or aggregate actual cost greater than $50 from
any person in a calendar year.
(b) Exceptions.--The prohibition listed in subsection (a)
shall not apply to the following:
(1) A gift or gift of cash from a parent, sibling,
spouse, child, stepchild, stepparent, stepsibling,
grandparent, grandchild, parent-in-law, sibling-in-law or
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other family member or friend when the circumstances make it
clear that the motivation for the gift was a personal or
family relationship. For the purpose of this paragraph, the
term " friend " does not include a registered lobbyist or an
employee of a registered lobbyist.
(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 material that is sent to the office of
the public official or public employee in the form of a book,
article, periodical, other written material, audiotape,
videotape or other forms of communication for
nonentertainment purposes.
(4) An award or prize that is given to competitors in a
contest or event open to the public, including random
drawings.
(5) An honorary degree or award.
(6) Training provided to a public official or public
employee, if the training is in the interest of the
governmental entity.
(7) Gifts exchanged between public officials or public
employees and their staffs on a voluntary basis.
(8) Educational material provided at a meeting,
including a meeting with governmental officials, either
foreign or domestic, intended to educate a public official or
public employee on matters of public policy, to which the
public official or public employee may be invited to
participate along with other Federal, State or local public
officials and community leaders.
(9) Anything paid for by the Federal, State or other
government or governmental entity under a government
contract.
(10) An honorarium as defined under section 1103(d)
(relating to restrictive activities), including an award,
plaque, trophy or other item valued at $100 or less that is
substantially commemorative in nature.
(11) Tokens of de minimis economic impact such as a
greeting card, pen, cap or t-shirt.
(12) Reimbursement of expenses to a public official or
public employee by a governmental body or by an organization
or association of public officials or employees of public
political subdivisions in which the public official or public
employee serves in an official capacity.
Amend Bill, page 2, line 16, by striking out "3" and
inserting
4
Amend Bill, page 3, line 16, by inserting a bracket before
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"This"
Amend Bill, page 3, line 24, by inserting a bracket after
"lobbyist."
Amend Bill, page 3, line 26, by striking out "an"
Amend Bill, page 3, line 26, by striking out the bracket
before "expenses"
Amend Bill, page 3, lines 26 and 27, by striking out "]
expense"
Amend Bill, page 3, line 27, by inserting a bracket before
"and"
Amend Bill, page 3, line 27, by inserting after "and"
],
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before "expenses"
Amend Bill, page 3, line 29, by striking out "] expense"
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"and"
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],
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before "exceed"
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"$650"
Amend Bill, page 4, line 1, by striking out "exceeds"
Amend Bill, page 4, by inserting between lines 5 and 6
(7.1) A hospitality, transportation or lodging received
from a parent, sibling, spouse, child, stepchild, stepparent,
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stepsibling, grandparent, grandchild, parent-in-law, sibling-
in-law or other family member or friend when the
circumstances make it clear that the motivation for the gift
was a personal or family relationship. For the purpose of
this subsection, the term "friend" does not include a
registered lobbyist or an employee of a registered lobbyist.
(7.2) The name and address of the source of an
honorarium valued at more than $50 and the circumstances
surrounding the receipt of the honorarium.
Amend Bill, page 4, line 24, by striking out "4" and
inserting
5
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6
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See A09482 in
the context
of HB2519