Bill Text: PA HB1299 | 2011-2012 | Regular Session | Introduced

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Bill Title: In ethics standards and financial disclosure, providing for gift ban.

Spectrum: Moderate Partisan Bill (Democrat 10-2)

Status: (Introduced - Dead) 2011-04-06 - Referred to STATE GOVERNMENT [HB1299 Detail]

Download: Pennsylvania-2011-HB1299-Introduced.html

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PRINTER'S NO. 1466
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1299 Session of2011
INTRODUCED BY JOSEPHS, FREEMAN, DePASQUALE, MUNDY, SANTARSIERO, J. TAYLOR, THOMAS, VITALI, WAGNER, SHAPIRO, MURT AND DALEY, APRIL 6, 2011
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 6, 2011
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, in ethics standards and financial
disclosure, providing for gift ban.
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:
§ 1103.1. Gift ban.
(a) Gifts.--Except as otherwise provided for in this
section, no public officer or candidate for public office shall
receive, accept, take, seek or solicit any gift or other item of
economic value having either a fair market value or aggregate
actual cost greater than $25 from any lobbyist or principal of a
lobbyist in a calendar year, unless the person who provided the
gift or item of economic value received lawful consideration of
equal or greater value in return from the public officer or
candidate for public office who received, accepted, took, sought
or solicited the gift or item of economic value.
(b) Hospitality.--Except as otherwise provided for in this
section, no public officer or candidate for public office shall
receive, accept, take, seek or solicit hospitality,
transportation or lodging having either a fair market value or
aggregate actual cost greater than $500 from any lobbyist or
principal of a lobbyist in a calendar year, unless the person
who provided the hospitality, transportation or lodging receives
lawful consideration of equal or greater value in return from
the public officer or candidate for public office who received,
accepted, took, sought or solicited the hospitality,
transportation or lodging.
(c) Exception.--The prohibition in subsections (a) and (b)
shall not apply to the following:
(1) Anything for which the public officer or candidate
for public office pays market value.
(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) Attendance at a fundraising event sponsored by a
political organization.
(4) A gift from a relative.
(5) Anything provided by an individual on the basis of a
personal friendship unless the public officer has reason to
believe, under the circumstances, the provision was due to
the official position or employment of the public officer.
(6) A commercially reasonable loan evidenced in writing
with repayment due by a certain date made in the ordinary
course of the lender's business.
(7) A contribution or other payments to a legal defense
fund established for the benefit of the public officer so
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long as the contribution is lawfully made.
(8) Pension and other benefits resulting from continued
participation in an employee welfare and benefits plan
maintained by a former employer.
(9) Informational materials that are sent to the office
of the public officer in the form of books, articles,
periodicals, other written materials, audiotapes, videotapes
or other forms of communication.
(10) Awards or prizes that are given to competitors in
contests or events open to the public, including random
drawings.
(11) Honorary degrees and awards and associated travel,
food, refreshments and entertainment provided in the
presentation of the degrees and awards.
(12) Training provided to a public officer if the
training is in the interest of the governmental entity. This
shall include food and refreshments furnished to all
attendees as an integral part of the training.
(13) Educational mission including meetings with
government officials, either foreign or domestic, intended to
educate public officials on matters of public policy, to
which the public officer may be invited to participate along
with other Federal, State or local public officials and
community leaders.
(14) Bequests, inheritances and other transfers at
death.
(15) Anything paid for by the Federal, State or other
government or governmental entity under a government
contract.
(16) A plague, trophy or other item that is
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substantially commemorative in nature and that is extended
for presentation.
(17) Donations of products from a Pennsylvania company
that are intended primarily for promotional purposes, such as
display or free distribution, and are of minimal value to any
individual recipient.
(d) Definitions.--The following words and phrases when used
in this section shall have the meanings given to them in this
subsection:
"Public officer." A public official, executive-level State
employee or public employee.
"Relatives." An individual's aunt, brother, daughter,
daughter-in-law, father, father-in-law, first cousin,
granddaughter, grandfather, grandmother, grandson, great aunt,
great uncle, half brother, half sister, husband, mother, mother-
in-law, nephew, niece, sister, son, son-in-law, stepbrother,
stepdaughter, stepfather, stepmother, stepsister, stepson, uncle
or wife. This term shall include the father, mother, grandfather
or grandmother of the individual's spouse, fiancé or fiancée.
Section 2. Section 1105(b)(7) of Title 65 is amended 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:
* * *
(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
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connection with public office or employment where such actual
expenses for transportation and lodging or hospitality exceed
[$650] $250 in an aggregate amount per year. 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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