PRINTER'S NO. 565
No. 487 Session of 2003
INTRODUCED BY LEWIS, SCAVELLO, DALLY, BAKER, BENNINGHOFF,
CREIGHTON, D. EVANS, HERMAN, LAUGHLIN, McILHATTAN, RUBLEY,
SAYLOR, TURZAI, VITALI AND WALKO, FEBRUARY 25, 2003
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 25, 2003
AN ACT
1 Prohibiting certain vendors from offering and government
2 employees associated with government pensions from accepting
3 gratuities; and prescribing penalties.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Confidence in
8 Government Pensions Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Government employee." Any of the following:
14 (1) An elected official, employee or agent of a county
15 who has a duty to perform financial, fiscal or pension fund
16 tasks on behalf of the county or any campaign committee or
17 political action committee associated with or that disburses
18 funds or gifts on behalf of any of them.
1 (2) A commissioner of a township of the first class, an
2 officer or employee elected or appointed by the board of
3 township commissioners and who has a duty to perform
4 financial, fiscal or pension fund tasks on behalf of the
5 township and a campaign committee or political action
6 committee associated with or that disburses funds or gifts on
7 behalf of any of them.
8 (3) A supervisor of a township of the second class,
9 person elected or appointed to any township of the second
10 class office and who has a duty to perform financial, fiscal
11 or pension fund tasks on behalf of the township and campaign
12 committee or political action committee associated with or
13 that disburses funds or gifts on behalf of any of them.
14 (4) A member of a borough council, an officer or
15 employee appointed by borough council and who has a duty to
16 perform financial, fiscal or pension fund tasks on behalf of
17 the borough and a campaign committee or political action
18 committee associated with or that disburses funds or gifts on
19 behalf of any of them.
20 (5) A county retirement board member, or any officer or
21 employee appointed by a county retirement board and who has a
22 duty to perform financial, fiscal or pension fund tasks on
23 behalf of the county retirement board and a campaign
24 committee or political action committee associated with or
25 that disburses funds or gifts on behalf of any of them.
26 (6) The Governor, Attorney General, Auditor General and
27 State Treasurer.
28 (7) A member of the General Assembly.
29 (8) A member of the Public School Employees' Retirement
30 System Board, the secretary, assistant secretary, an
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1 investment professional or employee of that board and a
2 campaign committee or political action committee associated
3 with or that disburses funds or gifts on behalf of any of
4 them.
5 (9) A member of the State Employees' Retirement System
6 Board, the secretary, assistant secretary, an investment
7 professional or employee of that board and a campaign
8 committee or political action committee associated with or
9 that disburses funds or gifts on behalf of any of them.
10 (10) A member of the Pennsylvania Municipal Retirement
11 System Board, the secretary, assistant secretary, an
12 investment professional or employee of that board and a
13 campaign committee or political action committee associated
14 with or that disburses funds or gifts on behalf of any of
15 them.
16 "Retirement fund." Any of the following:
17 (1) A retirement fund of a county, township of the first
18 class, township of the second class or borough.
19 (2) The Public School Employees' Retirement Fund.
20 (3) The State Employees' Retirement Fund.
21 (4) The Pennsylvania Municipal Retirement Fund.
22 "Vendor." A person that performs services under contract for
23 or that conducts business with a retirement fund. The term
24 includes a close or familiar relation or business relation to
25 such person.
26 Section 3. Gratuities prohibited.
27 (a) Offer of gratuity.--
28 (1) No vendor may offer any gift, contribution, loan or
29 any other item of monetary value to a government employee.
30 (2) A vendor who violates this subsection commits an
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1 unfair trade practice within the meaning and subject to the
2 provisions of the act of December 17, 1968 (P.L.1224,
3 No.387), known as the Unfair Trade Practices and Consumer
4 Protection Law.
5 (b) Acceptance of gratuity.--
6 (1) No government employee may accept any gift,
7 contribution, loan or any other item of monetary value from a
8 vendor.
9 (2) A government employee found guilty of violating this
10 subsection shall, upon conviction, be sentenced to a fine not
11 to exceed $10,000 and to restitution equal to the amount of
12 the gift, contribution, loan or any other item of monetary
13 value. The restitution shall be paid into the retirement fund
14 that the government employee served.
15 Section 4. Effective date.
16 This act shall take effect in 60 days.
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