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A03788
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1945
Session of
2019
INTRODUCED BY EVERETT, HELM, RYAN, ROAE, TURZAI, SCHLOSSBERG,
MURT, SOLOMON, GROVE, JONES, KNOWLES, BROWN, MULLERY, HILL-
EVANS, GILLESPIE, SCHLEGEL CULVER, ISAACSON, O'MARA,
LAWRENCE, DeLUCA, T. DAVIS, SCHMITT, DUNBAR, BOROWICZ,
VITALI, WHEELAND, ZABEL, B. MILLER, SAYLOR AND HENNESSEY,
OCTOBER 18, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, OCTOBER 18, 2019
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, in ethics standards and financial
disclosure, further providing for definitions, providing for
gift ban and for gift ban exceptions and further providing
for statement of financial interests.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
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
and coin.
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* * *
"Lobbyist." As defined in section 13A03 (relating to
definitions).
* * *
"Person." A business, governmental body, individual,
including an individual lobbyist or employee of a lobbyist,
corporation, union, association, firm, partnership, committee,
club or other organization or group of persons.
* * *
Section 2. Title 65 is amended by adding sections to read:
§ 1103.1. Gift ban.
Except as provided in section 1103.2 (relating to gift ban
exceptions), no public official, public employee or nominee or
candidate for public office may receive, accept, take, seek or
solicit any of the following:
(1) A gift Gifts , other than a gift gifts of cash,
having either a an aggregate fair market value or aggregate
actual cost greater than $50 from any one person in a
calendar year.
(2) Hospitality, transportation or lodging having either
a an aggregate fair market value or aggregate actual cost
greater than $500 from any one person in a calendar year.
(3) A gift of cash.
§ 1103.2. Gift ban exceptions.
The prohibitions listed in section 1103.1 (relating to gift
ban) shall not apply to any of the following:
(1) A gift or any hospitality, transportation or lodging
from any of the following:
(i) A parent, sibling, spouse, child, stepchild,
stepparent, stepsibling, grandparent, grandchild, parent-
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in-law, sibling-in-law or other family member or friend
when the circumstances make it clear that the motivation
for the gift or hospitality, transportation or lodging
was a personal or family relationship. The exception
under this subparagraph does not apply to a gift of cash
to a nominee or candidate for public office. For the
purposes of this subparagraph, the term "friend" does not
include a registered lobbyist or an employee of a
registered lobbyist.
(ii) A registered lobbyist or employee of a
registered lobbyist if the public official, public
employee or nominee or candidate for public office who
receives the gift or hospitality, transportation or
lodging is involved in a personal romantic relationship
with the registered lobbyist or employee of a registered
lobbyist and the circumstances make it clear that the
motivation for the gift or hospitality, transportation or
lodging is related to the personal romantic relationship.
The exception under this subparagraph does not apply to a
gift of cash to a nominee or candidate for public office.
(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 sent to the office of a
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 given to competitors in a contest
or event open to the public, including random drawings.
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(5) An honorary degree or award and associated travel,
food, refreshments and entertainment provided in the
presentation of the degree or award.
(6) Training provided to a public official or public
employee if the training is in the interest of a governmental
entity. This paragraph shall include food and refreshments
furnished to all attendees as an integral part of the
training.
(7) Food and beverage for consumption at any of the
following:
(i) A public event, including a public meeting.
(ii) An event directly related to the duties and
responsibilities of a public official or public employee.
(iii) An event where a public official or public
employee is a speaker or a member of a panel.
(iv) A regularly scheduled event sponsored by a
constituent, Statewide organization or nonprofit
organization.
(8) Gifts exchanged between public officials or public
employees and their staffs on a voluntary basis.
(9) An educational mission, 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 or community
leaders.
(10) Anything paid for by a Federal, State or other
government or governmental entity under a government
contract.
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(11) An honorarium, including an award, plaque, trophy
or other item, valued at $100 or less that is substantially
commemorative in nature.
(12) Tokens having de minimis economic impact, such as a
greeting card, pen, cap or t-shirt.
(13) Light food or refreshments, such as hors d'oeuvres,
in a group setting and intended for mass consumption and not
intended for consumption by a specific individual.
(14) Complimentary attendance and food or beverage at a
bona fide charitable or political event.
(15) Reimbursement of expenses by a governmental body or
by an organization or association of public officials or
employees of political subdivisions, which a public official
or public employee serves in an official capacity.
Section 3. Section 1105(b)(6) and (7) of Title 65 are
amended and the subsection is amended by adding a paragraph
paragraphs 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:
* * *
(6) The name and address of the source and the amount of
any gift or gifts valued in the aggregate at [$250 or more]
$50 or less 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
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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.] under section 1103.2(1) (relating to gift ban
exceptions).
(7) The name and address of the source and the amount of
any payment for or reimbursement of actual expenses for
transportation [and], lodging or hospitality [received in
connection with public office or employment where such actual
expenses for transportation and lodging or hospitality exceed
$650 in an aggregate amount per year.] valued in the
aggregate at $500 or less and the circumstances surrounding
the payment or reimbursement. 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.]
transportation, lodging or hospitality under section
1103.2(1).
(7.1) The name and address of the source of any
honorarium valued at more than $50 and the circumstances
surrounding the receipt of the honorarium.
(7.2) The name and address of the source and the amount
of any awards or prizes valued in the aggregate of more than
$500 and the circumstances surrounding each award or prize.
* * *
Section 4. This act shall take effect in 60 days.
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