Bill Text: PA HB2702 | 2009-2010 | Regular Session | Introduced

---

Bill Title: Further providing for definitions relating to financial and employment interests.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced - Dead) 2010-09-28 - Referred to STATE GOVERNMENT [HB2702 Detail]

Download: Pennsylvania-2009-HB2702-Introduced.html

---

PRINTER'S NO. 4339
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2702 Session of2010
INTRODUCED BY GROVE, GILLESPIE, BOYD, BROOKS, CUTLER, GABLER, GODSHALL, HAHN, HARRIS, KAUFFMAN AND SWANGER, SEPTEMBER 28, 2010
REFERRED TO COMMITTEE ON STATE GOVERNMENT, SEPTEMBER 28, 2010
AN ACT
Amending Title 4 (Amusements) of the Pennsylvania Consolidated
Statutes, further providing for definitions relating to
financial and employment interests.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1512(b) of Title 4 of the Pennsylvania
Consolidated Statutes, amended January 7, 2010 (P.L.1, No.1), is
amended to read:
§ 1512. Financial and employment interests.
* * *
(b) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Financial interest." Owning or holding, or being deemed to
hold, debt or equity securities or other ownership interest or
profits interest. A financial interest shall not include any
debt or equity security, or other ownership interest or profits
interest, which is held or deemed to be held in any of the
following:
(1) A blind trust over which the executive-level public
employee, public official, party officer or immediate family
member thereof may not exercise any managerial control or
receive income during the tenure of office and the period
under subsection (a). The provisions of this paragraph shall
apply only to blind trusts established prior to the effective
date of this paragraph.
(2) Securities that are held in a pension plan, profit-
sharing plan, individual retirement account, tax-sheltered
annuity, a plan established pursuant to section 457 of the
Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
1 et seq.) or any successor provision deferred compensation
plan whether qualified or not qualified under the Internal
Revenue Code of 1986 or any successor provision or other
retirement plan that:
(i) is not self-directed by the individual; and
(ii) is advised by an independent investment adviser
who has sole authority to make investment decisions with
respect to contributions made by the individual to these
plans.
(3) A tuition account plan organized and operated
pursuant to section 529 of the Internal Revenue Code of 1986
(Public Law 99-514, 26 U.S.C. § 529) that is not self-
directed by the individual.
(4) A mutual fund where the interest owned by the mutual
fund in a licensed entity does not constitute a controlling
interest as defined in this part.
"Immediate family." A spouse, minor child or unemancipated
child.
20100HB2702PN4339 - 2 -
"Party officer." A member of a national committee; a
chairman, vice chairman, secretary, treasurer or counsel of a
State committee or member of the executive committee of a State
committee; a county chairman, vice chairman, counsel, secretary
or treasurer of a county committee in which a licensed facility
is located; or a city chairman, vice chairman, counsel,
secretary or treasurer of a city committee of a city in which a
licensed facility is located.
"Public official." The term shall include the following:
(1) The Governor, [Lieutenant Governor,] a member of the
Governor's cabinet, Treasurer, Auditor General and Attorney
General of the Commonwealth.
(2) A member of the Senate or House of Representatives
of the Commonwealth.
(3) An individual elected or appointed to any office of
a county or municipality that directly receives a
distribution of revenue under this part.
(4) An individual elected or appointed to a department,
agency, board, commission, authority or other governmental
body not included in paragraph (1), (2) or (3) that directly
receives a distribution of revenue under this part.
(5) An individual elected or appointed to a department,
agency, board, commission, authority, county, municipality or
other governmental body not included in paragraph (1), (2) or
(3) with discretionary power which may influence or affect
the outcome of an action or decision and who is involved in
the development of regulation or policy relating to a
licensed entity or who is involved in other matters under
this part.
The term does not include a member of a school board or an
20100HB2702PN4339 - 3 -
individual who held an uncompensated office with a governmental
body prior to January 1, 2006, and who no longer holds the
office as of January 1, 2006. The term includes a member of an
advisory board or commission which makes recommendations
relating to a licensed facility.
Section 2. Upon the ratification of the amendment to the
Constitution of Pennsylvania abolishing the office of Lieutenant
Governor, the Secretary of the Commonwealth shall cause the date
of ratification to be published in the Pennsylvania Bulletin.
Section 3. This act shall take effect as follows:
(1) The amendment of 4 Pa.C.S. § 1512(b) shall take
effect upon publication in the Pennsylvania Bulletin of the
ratification date of the amendment to the Constitution of
Pennsylvania that abolishes the office of Lieutenant
Governor.
(2) Section 2 of this act and this section shall take
effect immediately.
20100HB2702PN4339 - 4 -