AN ACT

 

1Amending Title 65 (Public Officers) of the Pennsylvania
2Consolidated Statutes, in ethics standards and financial
3disclosure, further providing for definitions and for
4restricted activities; and prescribing penalties.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 1102 of Title 65 of the Pennsylvania
8Consolidated Statutes is amended by adding definitions to read:

9§ 1102. Definitions.

10The following words and phrases when used in this chapter
11shall have, unless the context clearly indicates otherwise, the
12meanings given to them in this section:

13* * *

14"Cash gift."

15(1) Any of the following:

16(i) United States or foreign currency.

17(ii) A money order.

1(iii) A check.

2(iv) A prepaid debit or credit card.

3(v) A gift card or certificate.

4(2) The term does not include:

5(i) A political contribution reported as required by
6law.

7(ii) A commercial loan made in the ordinary course
8of business.

9(iii) A transaction involving reasonable
10consideration of equal or greater value.

11(iv) A cash gift from a parent, sibling, spouse,
12child, stepchild, stepparent, stepsibling, grandparent,
13grandchild, parent-in-law or sibling-in-law when the
14circumstances make it clear that the motivation for the
15action was a personal or family relationship.

16(v) A cash gift available to the public or offered
17to members of a group or class in which membership is not
18related to being a public official or public employee.

19(vi) An award or prize given to competitors in any
20contest or event open to the public, including random
21drawings.

22* * *

23"Lobbyist." Any individual, association, corporation,
24partnership, business trust or other entity that is registered
25as a lobbyist under Chapter 13A (relating to lobbying
26disclosure).

27* * *

28"Official action." An administrative action or legislative
29action, as those terms are defined in section 13A03 (relating to
30definitions).

1* * *

2"Principal." Any individual, association, corporation,
3partnership, business trust or other entity that is registered
4as a principal under Chapter 13A (relating to lobbying
5disclosure).

6* * *

7Section 2. Sections 1103 and 1109 of Title 65 are amended by
8adding subsections to read:

9§ 1103. Restricted activities.

10* * *

11(k) Cash gifts.--No public official or public employee shall
12accept or solicit a cash gift from any of the following:

13(1) A lobbyist or principal.

14(2) A person that is seeking official action from the
15public official or public employee.

16§ 1109. Penalties.

17* * *

18(a.1) Cash gifts.--

19(1) Any person who intentionally violates the provisions
20of section 1103(k) (relating to restricted activities)
21involving:

22(i) An amount of less than $250 commits a
23misdemeanor and shall, upon conviction, be sentenced to
24pay a fine of not more than $1,000 plus costs and, if
25payment of the fine and costs is not timely made, to
26imprisonment for not more than two years.

27(ii) An amount of $250 or more commits a felony and
28shall, upon conviction, be sentenced to pay a fine of not
29more than $10,000 plus costs or to imprisonment for not
30more than five years, or both.

1(2) Each fine and penalty imposed under this section 
2shall be paid into the General Fund.

3* * *

4Section 3. This act shall take effect in 60 days.