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(i) An expenditure or other transaction subject to
8reporting under Article XVI of the act of June 3, 1937
9(P.L.1333, No.320), known as the Pennsylvania Election
10Code.

11(ii) A commercial loan made in the ordinary course
12of business.

13(iii) A transaction involving reasonable
14consideration of equal or greater value.

15(iv) A cash gift from a parent, sibling, spouse,
16child, stepchild, stepparent, stepsibling, grandparent,
17grandchild, parent-in-law, sibling-in-law or other close
18relative when the circumstances make it clear that the
19motivation for the action was a personal or family
20relationship.

21(v) A cash gift available to the public or offered
22to members of a group or class in which membership is not
23related to being a public official or public employee.

24(vi) An award or prize given to competitors in any
25contest or event open to the public, including random
26drawings.

<-27"Commercial loan made in the ordinary course of business." A
28loan from a bank or other financial institution on terms
29generally available to the public.

30* * *

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

5* * *

6"Official action." An administrative action or legislative
7action, as those terms are defined in section 13A03 (relating to
8definitions).

9* * *

10"Principal." Any individual, association, corporation,
11partnership, business trust or other entity that is registered
12as a principal under Chapter 13A (relating to lobbying
13disclosure).

14* * *

15Section 2. Sections 1103 and 1109 of Title 65 are amended by
16adding subsections to read:

17§ 1103. Restricted activities.

18* * *

19(k) Cash gifts.--No public official or public employee shall
20accept or solicit a cash gift from any of the following:

21(1) A lobbyist or principal.

22(2) A person that is seeking official action from the
23public official or public employee.

24§ 1109. Penalties.

25* * *

26(a.1) Cash gifts.--

27(1) Any person who intentionally violates the provisions
28of section 1103(k) (relating to restricted activities)
29involving:

30(i) An amount of less than $250 commits a

1misdemeanor and shall, upon conviction, be sentenced to
2pay a fine of not more than $1,000 plus costs and, if
3payment of the fine and costs is not timely made, to
4imprisonment for not more than two years.

5(ii) An amount of $250 or more commits a felony and
6shall, upon conviction, be sentenced to pay a fine of not
7more than $10,000 plus costs or to imprisonment for not
8more than five years, or both.

9(2) Each fine and penalty imposed under this section 
10shall be paid into the General Fund.

11* * *

12Section 3. This act shall take effect in 60 days.