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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE RESOLUTION |
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| INTRODUCED BY PILEGGI, VOGEL, SCARNATI, ARGALL, WARD, ROBBINS, RAFFERTY, FONTANA, VANCE, GORDNER, BAKER, WAUGH, EICHELBERGER, BROWNE, ERICKSON, D. WHITE, EARLL, SMUCKER, YUDICHAK, ALLOWAY, FOLMER, BREWSTER, YAW, PIPPY, M. WHITE, TOMLINSON, BOSCOLA, ORIE, GREENLEAF, STACK AND FARNESE, APRIL 5, 2011 |
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| REFERRED TO RULES AND EXECUTIVE NOMINATIONS, APRIL 5, 2011 |
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| A RESOLUTION |
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1 | Amending the Rules of the Senate, providing for affiliation with |
2 | nonprofit entities. |
3 | RESOLVED, That the Rules of the Senate of Pennsylvania be |
4 | amended by adding a rule to read: |
5 | XXXVIII AFFILIATION WITH NONPROFIT ENTITIES |
6 | Requirements and Prohibitions |
7 | 1. In order for a Senator or a Senate employee, including a |
8 | family member of that Senator or Senate employee, to be |
9 | affiliated with a nonprofit entity, that nonprofit entity must |
10 | meet all of the following: |
11 | (a) Have a formally established board of directors with at |
12 | least four members that is fully accountable for the nonprofit |
13 | entity's overall operation. |
14 | (b) Have a written set of bylaws or rules, approved by its |
15 | board of directors, which establishes its composition and |
16 | governance process. |
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1 | (c) Require official action of the board of directors to be |
2 | approved and executed in a manner consistent with its bylaws or |
3 | rules. |
4 | (d) Not receive grant funding directly from the Commonwealth |
5 | that comprises its sole source of operational funding. |
6 | 2. A Senator or Senate employee, including a family member |
7 | of that Senator or Senate employee, who is affiliated with a |
8 | nonprofit entity, may not do any of the following with regard to |
9 | a nonprofit entity with which that Senator or Senate employee, |
10 | including a family member of that Senator or Senate employee, is |
11 | affiliated: |
12 | (a) Exercise sole and unilateral control of a final action |
13 | of the nonprofit entity regarding allocation or disbursement of |
14 | grant funding that the nonprofit entity receives directly from |
15 | the Commonwealth. |
16 | (b) Direct a Senate employee to staff or provide services to |
17 | the nonprofit entity as a condition of employment. |
18 | (c) Direct the personnel or other resources of the nonprofit |
19 | entity for the benefit of a Senator's campaign. |
20 | (d) Commingle funds from a Senate district office allowance |
21 | or any other Senate expense account with the funds of the |
22 | nonprofit entity with the knowledge and intent that those funds |
23 | are to be used for the direct reimbursement of expenses incurred |
24 | by that nonprofit entity. |
25 | (e) Maintain a Senate district office within or contiguous |
26 | to the same office as the nonprofit entity. |
27 | 3. A Senator or a Senate employee, including a family member |
28 | of that Senator or Senate employee, shall not be subject to the |
29 | requirements of this Rule if the affiliated nonprofit entity |
30 | receives no grant funding directly from the Commonwealth. |
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1 | 4. To assure compliance with this Rule by Senators and |
2 | Senate employees, appropriate training measures shall be |
3 | implemented by the Senate. Training shall be provided annually |
4 | for all Senators and Senate employees. |
5 | Definitions |
6 | 1. As used in this Rule, the following words and phrases |
7 | shall have the meanings given to them in this section unless the |
8 | context clearly indicates otherwise: |
9 | "Affiliated." Serving: |
10 | (1) as an officer of a nonprofit entity; |
11 | (2) on the board of directors of a nonprofit entity; |
12 | (3) as a paid employee of a nonprofit entity; or |
13 | (4) as a contractor of a nonprofit entity. |
14 | "Family member." A spouse or child. |
15 | "Nonprofit entity." An entity that is qualified by the |
16 | Internal Revenue Service as meeting the requirements of section |
17 | 501(c) of the Internal Revenue Code of 1986 (Public Law 99-514, |
18 | 26 U.S.C. § 501(c)); |
19 | and be it further |
20 | RESOLVED, That this rule take effect 120 days from adoption. |
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