PRINTER'S NO. 347
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
399
Session of
2021
INTRODUCED BY BAKER, ARGALL, MARTIN, PHILLIPS-HILL, REGAN,
DiSANTO, FONTANA, BARTOLOTTA, LANGERHOLC, SANTARSIERO,
SCAVELLO, J. WARD, SCHWANK, STEFANO, GORDNER, K. WARD,
PITTMAN, AUMENT AND MASTRIANO, MARCH 10, 2021
REFERRED TO STATE GOVERNMENT, MARCH 10, 2021
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, in ethics standards and financial
disclosure, further providing for definitions, for restricted
activities 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 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 gift."
(1) Any of the following:
(i) United States or foreign currency.
(ii) A money order.
(iii) A check.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
(iv) A prepaid debit or credit card.
(v) A gift card or certificate.
(vi) Virtual currency.
(2) The term does not include:
(i) An expenditure or other transaction subject to
reporting under Article XVI of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election
Code.
(ii) A commercial loan made in the ordinary course
of business.
(iii) A transaction involving reasonable
consideration of equal or greater value.
(iv) A cash gift from a parent, sibling, spouse,
child, stepchild, stepparent, stepsibling, grandparent,
grandchild, parent-in-law , sibling-in-law or other close
relative when the circumstances make it clear that the
motivation for the action was a personal or family
relationship.
(v) A cash gift available to the public or offered
to members of a group or class in which membership is not
related to being a public official or public employee.
(vi) An award or prize given to competitors in any
contest or event open to the public, including random
drawings.
"Commercial loan made in the ordinary course of business." A
loan from a bank or other financial institution on terms
generally available to the public.
* * *
"Lobbyist." An individual, association, corporation,
partnership, business trust or other entity that is registered
20210SB0399PN0347 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
as a lobbyist under Chapter 13A (relating to lobbying
disclosure).
* * *
"Official action." An administrative action or legislative
action, as those terms are defined in section 13A03 (relating to
definitions).
* * *
"Principal." An individual, association, corporation,
partnership, business trust or other entity that is registered
as a principal under Chapter 13A (relating to lobbying
disclosure).
* * *
"Virtual currency." A digital representation of value that:
(1) is used as a medium of exchange, unit of account or
store of value; and
(2) is not legal tender, whether or not denominated in
legal tender.
Section 2. Sections 1103 and 1109 of Title 65 are amended by
adding subsections to read:
§ 1103. Restricted activities.
* * *
(k) Cash gifts.--No public official or public employee may
accept or solicit a cash gift from any of the following:
(1) A lobbyist or principal.
(2) A person that is seeking official action from the
public official or public employee.
§ 1109. Penalties.
* * *
(a.1) Cash gifts.--The following shall apply:
(1) A person who intentionally violates the provisions
20210SB0399PN0347 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
of section 1103(k) involving:
(i) An amount of less than $250 commits a
misdemeanor and shall, upon conviction, be sentenced to
pay a fine of not more than $1,000 plus costs and, if
payment of the fine and costs is not timely made, to
imprisonment for not more than two years.
(ii) An amount of $250 or more commits a felony and
shall, upon conviction, be sentenced to pay a fine of not
more than $10,000 plus costs or to imprisonment for not
more than five years, or both.
(2) Each fine and penalty imposed under this section
shall be paid into the General Fund.
* * *
Section 3. This act shall take effect in 60 days.
20210SB0399PN0347 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14