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PRINTER'S NO. 1559
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1291
Session of
2019
INTRODUCED BY T. DAVIS, MURT, SCHLOSSBERG, SHUSTERMAN, MULLERY,
CALTAGIRONE, ZABEL, SAPPEY, ROZZI, FREEMAN, CIRESI, HANBIDGE,
GALLOWAY, McNEILL, JONES, DALEY, BARRAR AND VITALI,
APRIL 25, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 25, 2019
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, in ethics standards and financial
disclosure, prohibiting certain transportation, lodging,
hospitality, cash and gifts and further providing for
statement of financial interests.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 65 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 1103.1. Transportation, lodging, hospitality, cash and gifts.
(a) General rule.--No public official or public employee or
the spouse of a public official or public employee shall solicit
or accept, directly or indirectly, any transportation, lodging,
hospitality, cash, gift or anything of economic value as a gift
from any person who:
(1) Has or is seeking a contractual, business or
financial relationship with the public official's or public
employee's governmental body, including the acquisition of a
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grant or loan.
(2) Is compensated to influence the passage or defeat of
legislation by the public official's or public employee's
governmental body.
(3) Conducts operations or activities which are
regulated by the public official's or public employee's
governmental body.
(4) Has an economic interest which may be substantially
affected by the performance or nonperformance of the public
official's or public employee's official job duties.
(b) Exceptions.--The prohibition stated in subsection (a)
shall not apply to the following:
(1) Gifts from a relative or friend, unless the relative
or friend is in a restricted relationship as delineated in
subsection (a). The term "friend" shall not include a
registered lobbyist or principal.
(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 materials that are sent to the office
of the public official in the form of books, articles,
periodicals, other written materials, audiotapes, videotapes
or other forms of communication for nonentertainment
purposes.
(4) Awards or prizes that are given to competitors in
contests or events open to the public, including random
drawings.
(5) Honorary academic degrees and academic awards from
not-for-profit educational institutions in this Commonwealth
and associated travel, food, refreshments and entertainment
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provided in the presentation of the academic degrees and
academic awards. Associated travel, food, refreshments and
entertainment provided in the presentation of academic
degrees and academic awards shall be reported in accordance
with section 1105(b) (relating to statement of financial
interests).
(6) Training provided to a public official or public
employee, if the training is in the interest of the
governmental entity. This paragraph shall include food and
refreshments furnished to all attendees as an integral part
of the training. Training provided under this paragraph and
food and refreshments furnished to attendees as an integral
part of the training shall be reported in accordance with
section 1105(b). The exception under this paragraph shall not
apply in any of the following circumstances:
(i) The organization sponsoring the training is
funded or sponsored, directly or indirectly, by a
registered lobbyist or principal.
(ii) The public official or public employee or the
spouse of the public official or public employee is
prohibited from soliciting or accepting transportation,
lodging, hospitality, cash, a gift or anything of
economic value as a gift from the organization sponsoring
the training.
(7) An educational mission, including a meeting with
government officials, either foreign or domestic, intended to
educate public officials on matters of public policy, to
which the public official may be invited to participate along
with other Federal, State or local public officials and
community leaders. Transportation, lodging, hospitality,
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cash, a gift or anything of economic value received as a gift
as part of an educational mission shall be reported in
accordance with section 1105(b). The exception under this
paragraph shall not apply in any of the following
circumstances:
(i) T he organization sponsoring the educational
mission is funded or sponsored, directly or indirectly,
by a registered lobbyist or principal.
(ii) The public official or public employee or the
spouse of the public official or public employee is
prohibited from soliciting or accepting transportation,
lodging, hospitality, cash, a gift or anything of
economic value as a gift from the organization sponsoring
the educational mission.
(8) Anything paid for by the Federal Government, State
government or other government or governmental entity under a
government contract.
(9) A plaque, trophy or other item that is substantially
commemorative in nature and has minimal value.
(10) Light food or refreshments, such as hors d'oeuvres,
provided in a group setting and intended for mass consumption
and not intended for the consumption of a specific employee.
Light food or refreshments as specified under this paragraph
shall be reported in accordance with section 1105(b). The
exception under this paragraph shall not apply in any of the
following circumstances:
(i) The organization providing the light food or
refreshments is funded or sponsored, directly or
indirectly, by a registered lobbyist or principal.
(ii) The public official or public employee or the
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spouse of the public official or public employee is
prohibited from soliciting or accepting transportation,
lodging, hospitality, cash, a gift or anything of
economic value as a gift from the organization providing
the light food or refreshments.
(11) Items of nominal economic value such as greeting
cards, pens, caps or shirts or refreshments provided within
the context of a meeting such as complimentary water, coffee,
tea or similar refreshments.
Section 2. Section 1105(b)(6) and (7) of Title 65 are
amended to read:
ยง 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:
* * *
(6) The name and address of the source and the amount of
any gift or gifts valued in the aggregate at [$250] $50 per
year or more from the same source 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[,] or 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 actual expenses for
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transportation and lodging or hospitality, a cash payment, a
gift or anything of economic value as a gift received in
connection with public office or employment where such actual
expenses for transportation and lodging or hospitality exceed
[$650] $0 in an aggregate amount per year. The payment for or
reimbursement of actual expenses shall be identified by the
type of expenses. 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.
* * *
Section 3. This act shall take effect in 60 days.
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