Bill Text: DE HB78 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 29 Of The Delaware Code Relating To Financial Disclosure Of Gifts.
Spectrum: Partisan Bill (Republican 23-0)
Status: (Introduced - Dead) 2013-06-18 - Amendment HA 1 - Introduced and Placed With Bill [HB78 Detail]
Download: Delaware-2013-HB78-Draft.html
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SPONSOR: |
Rep. Blakey & Sen. Lavelle; |
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Reps. D. Short, Hudson, Briggs King, Dukes, Gray, Kenton, Miro, Outten, Peterman, Ramone, Smyk, Spiegelman, Wilson; Sens. Bonini, Cloutier, Hocker, Lawson, Lopez, Pettyjohn, Simpson |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 78 |
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AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO FINANCIAL DISCLOSURE OF GIFTS. |
Section 1.Amend §5813(a)(4), Chapter 58, Title 29 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strikethrough as follows:
§ 5813. Report disclosing financial information.
(a) Every public officer as defined in §5812 of this title shall file a report disclosing financial interests, as hereinafter provided. Each report shall be on a form prescribed by the Commission, shall be signed by the public officer and shall include at least the following information:
(1) The name and position of the public officer; and
(2) The name, instrument and nature of ownership, and any position of management held by, or constructively controlled by, the public officer in any business enterprise in which legal or equitable ownership is in excess of $5,000 fair market value or from which income of more than $5,000 was either derived during the preceding calendar year or might reasonably be expected to be derived during the current calendar year. Time or demand deposits in a financial institution, or any debt instrument having a fixed yield shall not be listed unless convertible to an equity instrument; and
(3) The name, address and type of practice, without reference to the identity of any individual clients served, of any professional organization in which the public officer is the sole practitioner, officer, director or partner, or serves in any advisory capacity, or which is constructively controlled by the public officer, from which income of more than $5,000 was either derived during the preceding year or might reasonably be expected to be derived during the current calendar year; provided, however, that any such organization construed as a business enterprise and reported pursuant to paragraph (a)(2) of this section need not be reported under this subsection; and
(4) The source of each of the following items received during the preceding calendar year, or reasonably expected to be received during the current calendar year:
a. Any income derived for services rendered exceeding $1,000 from a single source, unless such income is otherwise identified pursuant to paragraph (a)(2) or (3) of this section; or
b. Any capital gain exceeding $1,000 from a single source other than from the sale of a residence occupied by the public officer; or
c. Any reimbursement for expenditures exceeding $1,000 from a single source; or
d. Any honoraria; or
e. Except as provided in subparagraph
f. of this section, Any any gift with a value in excess of
$250 received from any person, identifying also in each case the amount of each
such gift. For purposes of compliance with this gift reporting obligation, the
recipient may rely in good faith upon the representation of the source of the
gift as to the gift's value; and or
f. Every member of the General Assembly shall disclose any gift with a value in excess of $50 from any person, identifying also in each case the amount of such gift.For purposes of compliance with this gift-reporting obligation, the recipient may rely in good faith upon the representation of the source of the gift as to the gift's value; and(5) Each creditor to whom the public officer was indebted for a period of 90 consecutive days or more during the preceding calendar year in an aggregate amount in excess of $1,000.
(5) Each creditor to whom the public officer was indebted for a period of 90 consecutive days or more during the preceding calendar year in an aggregate amount in excess of $1,000.
(b) Each report required by this section shall contain a certification by the public officer that the officer has read the report, and that to the best of the officer's knowledge and belief it is true, correct and complete, and that the officer has not and will not transfer any assets, interests or property for the purpose of concealing it from disclosure while retaining an equitable interest therein.
(c) Not later than 14 days after becoming a public officer as defined in §5812 of this title, the report required by this subchapter shall be filed. Thereafter, the report shall be filed on March 15 of each year.
(d) Each report required by this section shall be filed with the Commission.
Section 2.Amend §5812(h), Chapter 58, Title 29 of the Delaware Code by making insertions as shown by underlining as follows:
(h) "Gift" means a payment, subscription, advance, forbearance, rendering or deposit of money, services or anything of value unless consideration of equal or greater value is received. "Gift" shall not include a political contribution otherwise reported as required by law, a commercially reasonable loan made in the ordinary course of business, or a gift received from a spouse or any relative within the 3rd degree of consanguinity of the person or person's spouse or from the spouse of any such relative, provided such spouse or relative is not a lobbyist as defined in §5831(a)(5) of this Title.
SYNOPSIS
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This bill requires members of the General Assembly to report all gifts with a value in excess of $50and limits the exemption for gifts from close family members if that family member is a lobbyist. |
