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§ 143.3. Definitions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 46 P.S. Legislature and Statutes

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 46 P.S. Legislature and Statutes
Chapter 1. Legislature (Refs & Annos)
Code of Ethics (Refs & Annos)
46 P.S. § 143.3
§ 143.3. Definitions
Unless the context clearly indicates otherwise, the following words and terms when used herein shall have the respective meanings defined as follows:
(1) “Agency” means any department, agency, commission, board, committee, authority or other instrumentality which is created by or under the Constitution or laws of the Commonwealth of Pennsylvania or by executive order, except local political subdivisions or agencies, the majority of the members of whose governing bodies are locally elected or appointed.
(2) “Agency head” and “head of any agency” mean the chief executive or administrative officer of each of the State agencies.
(3) “Assist” means to act, or agree to act, in such a way as to help, aid, advise, furnish information to, or otherwise provide assistance to another person believing that such action is of held, aid, advice, or assistance to such person and with intent to so assist such person.
(4) “Compensation” means any thing of economic value, however designated, which is paid, loaned, granted, given, donated or transferred, or to be paid, loaned, granted, given, donated or transferred for or in consideration of personal services to any person, official or to the State.
(5) “Gift”, as used in section 5,1 includes any thing of economic value with the exception of public awards, insignificant nonpecuniary gifts, political contributions for which an accounting is required by and is made pursuant to the election laws, or compensation or gifts not connected with or related to either the legislative processes or the donee's services as a member.
(6) “Member” shall include a Senator, Representative, officer or employe of the General Assembly or any committee thereof; but not a person employed on a contractual basis or without compensation for a particular project.
(7) “State action” means any action on the part of the Commonwealth or a Commonwealth agency, including, but not limited to: (i) any decision, determination, finding, ruling or order, including the judgment or verdict of a court or a quasi-judicial board, in which the Commonwealth or any of its agencies, boards and commissions has an interest, except in such matters involving criminal prosecutions; (ii) any grant, payment, award, license, contract, transaction, decision, sanction or approval, or the denial thereof, or the failure to act with respect thereto, in which the Commonwealth or any of its agencies has an interest, except in such matters involving criminal prosecutions; (iii) any disposition of any matter by the General Assembly or any committee thereof.
(8) “Participate” in connection with a transaction involving the Commonwealth means to take part in State action or a proceeding personally as a Commonwealth official, through approval, disapproval, decision, recommendation, the rendering of advice, investigation, or the failure to act or perform a duty.
(9) “Person” means: (i) an individual, other than a Commonwealth agency or official; (ii) a partnership, association, corporation, firm, institution, trust, foundation or other legal entity (other than an agency), whether or not operated for profit; (iii) a district, county, municipality or other political subdivision of the State, or any subdivision thereof, provided such is not an agency; (iv) a foreign country or subdivision thereof, or (v) any other entity which is not a Commonwealth agency or official.
(10) “Responsibility” in connection with a transaction involving the Commonwealth means the direct administration or operating authority, whether intermediate or final, and either exercisable alone or with others, and either personally or through or with others or subordinates, to effectively approve, disapprove, fail to act or perform a duty, or otherwise direct State action in respect of such transaction.
(11) “Thing of economic value” means any money or other thing having economic value except food, drink, or refreshments consumed by an official including reasonable transportation and entertainment incident thereto, while the personal guest of some person, and includes, without limiting the generality of the foregoing: (i) any loan, except a bona fide loan made by a duly licensed bank or savings and loan association at the normal rate of interest, any property interest, interest in a contract, merchandise, service and any employment or other arrangement involving a right to compensation; (ii) any option to obtain a thing of economic value, irrespective of the conditions to the exercise of such option; and (iii) any promise or undertaking for the present or future delivery or procurement of a thing of economic value.
In the case of an option, promise or undertaking, the time of receipt of the thing of economic value shall be deemed to be, respectively, the time the right to the option becomes fixed, regardless of the conditions to its exercise, and the time when the promise or undertaking is made, regardless of the conditions to its performance.
(12) “Transaction involving the Commonwealth” means any proceeding, application, submission, request for a ruling or other determination, contract, claim, case or other such particular matter which the official in question believes, or has reason to believe: (i) is, or will be, the subject of State action, or (ii) is one to which the Commonwealth is or will be a party, or (iii) is one in which the Commonwealth has a direct interest.

Credits

1968, July 10, P.L. 316, No. 154, § 3.

Footnotes

46 P.S. § 143.5.
46 P.S. § 143.3, PA ST 46 P.S. § 143.3
Current through 2022 Regular Session Act 121. Some statute sections may be more current, see credits for details.
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