Gift Made with Intent to Influence
(b) Seeking improper influence. — No person shall offer or give to a public official, public employee or nominee or candidate for public office or a member of his immediate family or a business with which he is associated anything of monetary value, including a gift, loan, political contribution, reward or promise of future employment based on the offeror’s or donor’s understanding that the vote, official action or judgment of the public official or public employee or nominee or candidate for public office would be influenced thereby.
(c) Accepting improper influence. — No public official, public employee or nominee or candidate for public office shall solicit or accept anything of monetary value, including a gift, loan, political contribution, reward or promise of future employment, based on any understanding of that public official, public employee or nominee that the vote, official action or judgment of the public official or public employee or nominee or candidate for public office would be influenced thereby.
65 Pa. Cons. Stat. Ann. § 1103(b), (c).
Extra Compensation for Official Duties
(d) Honorarium. — No public official or public employee shall accept an honorarium.
65 Pa. Cons. Stat. Ann. § 1103(d).
Gift Regardless of Giver Status
No current state statute or regulation falls under the category of “Gift Regardless of Giver’s Status.”
Gift from Lobbyist or Regulated Entity
Lobbyists must disclose gifts to officials.
(b) Content –
(2) Each expense report shall include the total costs of all lobbying for the period. The total shall include all office expenses, personnel expenses, expenditures related to gifts, hospitality, transportation and lodging to State officials or employees, and any other lobbying costs. The total amount reported under this paragraph shall be allocated in its entirety among the following categories:
- The costs for gifts, hospitality, transportation and lodging given to or provided to State officials or employees or their immediate families.
- The costs for direct communication.
- The costs for indirect communication.
- Expenses required to be reported under this subsection shall be allocated to one of the three categories listed under this section and shall not be included in more than one category.
65 Pa. Cons. Stat. Ann. § 13A05(b)(2).
Definitions and Exceptions
Exceptions
While there is no gift ban, gifts must be disclosed.
(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 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.
(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. 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.
65 Pa. Cons. Stat. Ann. § 1105(b).
Gift and Hospitality Defined
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
. . .
“Gift.” —Anything which is received without consideration of equal or greater value. The term shall not include a political contribution otherwise reportable as required by law or a commercially reasonable loan made in the ordinary course of business. The term shall not include hospitality, transportation or lodging.
“Hospitality.” —Includes all of the following:
- Meals.
- Beverages.
- Recreation and entertainment.
The term shall not include gifts, transportation or lodging.
65 Pa. Cons. Stat. Ann. § 13A03.
Notes/Resources
Resource(s)
