

     § 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:
        "Advice."  Any directive of the chief counsel of the State
     Ethics Commission issued under section 1107(11) (relating to
     powers and duties of commission) and based exclusively on prior
     commission opinions, this chapter, regulations promulgated
     pursuant to this chapter and court opinions which interpret this
     chapter.
        "Aggregate."  The total of all gifts received from a single
     source as provided in section 1105(b)(6) (relating to statement
     of financial interests).
        "Authority of office or employment."  The actual power
     provided by law, the exercise of which is necessary to the
     performance of duties and responsibilities unique to a
     particular public office or position of public employment.
        "Business."  Any corporation, partnership, sole
     proprietorship, firm, enterprise, franchise, association,
     organization, self-employed individual, holding company, joint
     stock company, receivership, trust or any legal entity organized
     for profit.
        "Business with which he is associated."  Any business in
     which the person or a member of the person's immediate family is
     a director, officer, owner, employee or has a financial
     interest.
        "Candidate."  Any individual who seeks nomination or election
     to public office by vote of the electorate, other than a judge
     of elections, inspector of elections or official of a political
     party, whether or not such individual is nominated or elected.
     An individual shall be deemed to be seeking nomination or
     election to such office if he has:
            (1)  received a contribution or made an expenditure or
        given his consent for any other person or committee to
        receive a contribution or make an expenditure for the purpose
        of influencing his nomination or election to such office,
        whether or not the individual has announced the specific
        office for which he will seek nomination or election at the
        time the contribution is received or the expenditure is made;
        or
            (2)  taken the action necessary under the laws of this
        Commonwealth to qualify himself for nomination or election to
        such office.
     The term shall include individuals nominated or elected as
     write-in candidates unless they resign such nomination or
     elected office within 30 days of having been nominated or
     elected.
        "Commission."  The State Ethics Commission.
        "Confidential information."  Information not obtainable from
     reviewing a public document or from making inquiry to a publicly
     available source of information.
        "Conflict" or "conflict of interest."  Use by a public
     official or public employee of the authority of his office or
     employment or any confidential information received through his
     holding public office or employment for the private pecuniary
     benefit of himself, a member of his immediate family or a
     business with which he or a member of his immediate family is
     associated. The term does not include an action having a de
     minimis economic impact or which affects to the same degree a
     class consisting of the general public or a subclass consisting
     of an industry, occupation or other group which includes the
     public official or public employee, a member of his immediate
     family or a business with which he or a member of his immediate
     family is associated.
        "Contract."  An agreement or arrangement for the acquisition,
     use or disposal by the Commonwealth or a political subdivision
     of consulting or other services or of supplies, materials,
     equipment, land or other personal or real property. The term
     shall not mean an agreement or arrangement between the State or
     political subdivision as one party and a public official or
     public employee as the other party, concerning his expense,
     reimbursement, salary, wage, retirement or other benefit, tenure
     or other matters in consideration of his current public
     employment with the Commonwealth or a political subdivision.
        "De minimis economic impact."  An economic consequence which
     has an insignificant effect.
        "Executive-level State employee."  The Governor, Lieutenant
     Governor, cabinet members, deputy secretaries, the Governor's
     office staff, any State employee with discretionary powers which
     may affect the outcome of a State agency's decision in relation
     to a private corporation or business or any employee who by
     virtue of his job function could influence the outcome of such a
     decision.
        "Financial interest."  Any financial interest in a legal
     entity engaged in business for profit which comprises more than
     5% of the equity of the business or more than 5% of the assets
     of the economic interest in indebtedness.
        "Findings report."  An initial report containing findings of
     fact as determined by the State Ethics Commission's
     investigation but not containing any conclusions of law or any
     determination of whether there has been a violation of law.
        "Frivolous complaint."  A complaint filed in a grossly
     negligent manner without basis in law or fact.
        "Gift."  As defined in section 13A03 (relating to
     definitions).
        "Governmental body."  Any department, authority, commission,
     committee, council, board, bureau, division, service, office,
     officer, administration, legislative body or other establishment
     in the executive, legislative or judicial branch of a state, a
     nation or a political subdivision thereof or any agency
     performing a governmental function.
        "Governmental body with which a public official or public
     employee is or has been associated."  The governmental body
     within State government or a political subdivision by which the
     public official or employee is or has been employed or to which
     the public official or employee is or has been appointed or
     elected and subdivisions and offices within that governmental
     body.
        "Honorarium."  Payment made in recognition of published
     works, appearances, speeches and presentations and which is not
     intended as consideration for the value of such services which
     are nonpublic occupational or professional in nature. The term
     does not include tokens presented or provided which are of de
     minimis economic impact.
        "Hospitality."  As defined in section 13A03 (relating to
     definitions).
        "Immediate family."  A parent, spouse, child, brother or
     sister.
        "Income."  Any money or thing of value received or to be
     received as a claim on future services or in recognition of
     services rendered in the past, whether in the form of a payment,
     fee, salary, expense, allowance, forbearance, forgiveness,
     interest, dividend, royalty, rent, capital gain, reward,
     severance payment, proceeds from the sale of a financial
     interest in a corporation, professional corporation, partnership
     or other entity resulting from termination or withdrawal
     therefrom upon assumption of public office or employment or any
     other form of recompense or any combination thereof. The term
     refers to gross income and includes prize winnings and tax-
     exempt income. The term does not include gifts, governmentally
     mandated payments or benefits, retirement, pension or annuity
     payments funded totally by contributions of the public official
     or employee, or miscellaneous, incidental income of minor
     dependent children.
        "Indirect interest in real estate."  Any business entity the
     assets of which are 80% or more in real property.
        "Ministerial action."  An action that a person performs in a
     prescribed manner in obedience to the mandate of legal authority
     without regard to or the exercise of the person's own judgment
     as to the desirability of the action being taken.
        "Nominee."  Any person whose name has been submitted to a
     public official or governmental body vested with the power to
     finally confirm or reject proposed appointments to public office
     or employment.
        "Nonministerial actions."  An action in which the person
     exercises his own judgment as to the desirability of the action
     taken.
        "Opinion."  A directive of the State Ethics Commission issued
     pursuant to section 1107(10) (relating to powers and duties of
     commission) setting forth a public official's or public
     employee's duties under this chapter.
        "Order."  A directive of the State Ethics Commission issued
     pursuant to section 1107(13) (relating to powers and duties of
     commission) at the conclusion of an investigation which contains
     findings of fact, conclusions of law and penalties.
        "Person."  A business, governmental body, individual,
     corporation, union, association, firm, partnership, committee,
     club or other organization or group of persons.
        "Political contribution."  Any advance, conveyance, deposit,
     distribution, transfer of funds, loan, payment, pledge, purchase
     of a ticket to a testimonial or similar fundraising affair, or
     subscription of money or anything of value except volunteer
     services, in connection with a political campaign, and any
     contract, agreement, promise or other obligations, whether or
     not legally enforceable, to make a political contribution.
        "Political subdivision."  Any county, city, borough,
     incorporated town, township, school district, vocational school,
     county institution district, and any authority, entity or body
     organized by the aforementioned.
        "Public employee."  Any individual employed by the
     Commonwealth or a political subdivision who is responsible for
     taking or recommending official action of a nonministerial
     nature with regard to:
            (1)  contracting or procurement;
            (2)  administering or monitoring grants or subsidies;
            (3)  planning or zoning;
            (4)  inspecting, licensing, regulating or auditing any
        person; or
            (5)  any other activity where the official action has an
        economic impact of greater than a de minimis nature on the
        interests of any person.
     The term shall not include individuals who are employed by this
     Commonwealth or any political subdivision thereof in teaching as
     distinguished from administrative duties.
        "Public official."  Any person elected by the public or
     elected or appointed by a governmental body or an appointed
     official in the executive, legislative or judicial branch of
     this Commonwealth or any political subdivision thereof, provided
     that it shall not include members of advisory boards that have
     no authority to expend public funds other than reimbursement for
     personal expense or to otherwise exercise the power of the State
     or any political subdivision thereof.
        "Represent."  To act on behalf of any other person in any
     activity which includes, but is not limited to, the following:
     personal appearances, negotiations, lobbying and submitting bid
     or contract proposals which are signed by or contain the name of
     a former public official or public employee.
        "Solicitor."  A person elected or appointed to the office of
     solicitor for the political subdivision.
        "Source."  Any person who is a provider of an item reportable
     under section 1105 (relating to statement of financial
     interests).
        "State consultant."  A person who, as an independent
     contractor, performs professional, scientific, technical or
     advisory service for an agency of this Commonwealth and who
     receives a fee, honorarium or similar compensation for such
     services. A State consultant is not an executive-level employee.
     (Nov. 1, 2006, P.L.1213, No.134, eff. Jan. 1, 2007)

        2006 Amendment.  Act 134 amended the def. of "gift" and added
     the def. of "hospitality."
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Last modified: November 27, 2007