Regular Session 2017-2018 House Bill 2519 P.N. 4075

PRIOR PRINTER'S NO. 3771

PRINTER'S NO. 4075

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2519

Session of

2018

INTRODUCED BY WALSH, METCALFE, DEAN, STEPHENS, BARRAR, THOMAS,

DUNBAR, RYAN, SACCONE, CALTAGIRONE, BERNSTINE AND PHILLIPS-

HILL, JUNE 20, 2018

AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF

REPRESENTATIVES, AS AMENDED, SEPTEMBER 25, 2018

AN ACT

Amending Title 65 (Public Officers) of the Pennsylvania

Consolidated Statutes, in ethics standards and financial

disclosure, further providing for definitions, AND for

restricted activities, PROVIDING FOR GIFT BAN AND FURTHER

PROVIDING 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:

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:

§ 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

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and coin.

* * *

" 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.

* * *

Section 2. Section 1103 of Title 65 is amended by adding a

subsection to read:

§ 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. TITLE 65 IS AMENDED BY ADDING A SECTION TO READ:

§ 1103.1. GIFT BAN.

(A) GENERAL RULE.--EXCEPT AS OTHERWISE PROVIDED FOR IN

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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

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

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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 RESTRICTED 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.

Section 3 4. 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.

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(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

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

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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] 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.

(7.1) A HOSPITALITY, TRANSPORTATION OR LODGING RECEIVED

FROM A PARENT, SIBLING, SPOUSE, CHILD, STEPCHILD, STEPPARENT,

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.

(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

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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).

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 5. 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

years, or both.

* * *

Section 5 6. 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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