Struck = removed from the bill ·
added = the amendment's new text.
PRIORH1945B2709A03788 PRINTER'SAJB:NLG 11/15/19 #90 A03788 AMENDMENTS TO HOUSE BILL NO.
27091945 PRINTER'SSponsor: NO.
2914REPRESENTATIVE THEEVERETT GENERALPrinter's ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
19452709 2019Amend INTRODUCEDBill, BYpage EVERETT,2, HELM,line RYAN,16, ROAE,by TURZAI,striking SCHLOSSBERG,out MURT,"A SOLOMON,gift" GROVE,and JONES,inserting KNOWLES,Gifts BROWN,Amend MULLERY,Bill, HILL-page EVANS,2, GILLESPIE,line SCHLEGEL16, CULVER,by ISAACSON,striking O'MARA,out LAWRENCE,"a DeLUCA,gift" T.and inserting gifts Amend Bill, page 2, line 16, by striking out "a" where it occurs the second time and inserting an aggregate Amend Bill, page 2, line 20, by striking out "a" and inserting an aggregate Amend Bill, page 5, line 15, by striking out "a paragraph" and inserting paragraphs Amend Bill, page 5, line 25, by inserting after "$50" or less Amend Bill, page 6, line 10, by inserting after "$500" or less Amend Bill, page 6, by inserting between lines 20 and 21 (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.
DAVIS,2019/90AJB/HB1945A03788 SCHMITT,- DUNBAR,1 BOROWICZ,- VITALI, WHEELAND, ZABEL, B.
MILLER, SAYLOR, HENNESSEY AND WEBSTER, OCTOBER 18, 2019 AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF REPRESENTATIVES, AS AMENDED, NOVEMBER 19, 2019 AN ACT AmeConsolidated 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.
* * * "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- 20190HB1945PN2914 - 2 - 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 FOR THE CELEBRATION OF A MAJOR LIFE EVENT, INCLUDING, BUT NOT LIMITED TO, A WEDDING, GRADUATION OR THE BIRTH OF A CHILD.
(ii) (III) 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, 20190HB1945PN2914 - 3 - 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.
(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 20190HB1945PN2914 - 4 - leaders.
(10) Anything paid for by a Federal, State or other government or governmental entity under a government contract.
(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 (15) THE FOLLOWING:
<-- (I) REIMBURSEMENT OF HOSPITALITY, TRANSPORTATION OR LODGING EXPENSES BY:
(A) A GOVERNMENTAL BODY.
(B) AN organization or association of public officials or employees of political subdivisions, which a public official or public employee serves in an official capacity.
(C) A PRIVATE FOUNDATION AS DEFINED UNDER <-- SECTION 509 OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C.
§ 1 ET SEQ.).
(D) AN ORGANIZATION EXEMPT FROM TAXES UNDER SECTION 501(C)(4), (6), (19) OR (23) OF THE INTERNAL REVENUE CODE OF 1986.
20190HB1945PN2914 - 5 - (II) HOSPITALITY, TRANSPORTATION OR LODGING EXPENSES SHALL ONLY BE REIMBURSED IF DIRECTLY RELATED TO THE DUTIES AND RESPONSIBILITIES OF A PUBLIC OFFICIAL OR PUBLIC EMPLOYEE.
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 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 20190HB1945PN2914 - 6 - $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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