S0003B0889A06056 MSP:EJH 03/14/16 #90 A06056
AMENDMENTS TO SENATE BILL NO. 3 (As amended by A05835)
Sponsor: REPRESENTATIVE BAKER
Printer's No. 889
Amend Bill, page 31, by inserting between lines 42 and 43
(A05835)
Section 1106.1. Qualifications and restrictions of the board.
(a) Qualification and restrictions.--The qualifications and
restrictions of each professional and public member of the board
shall be as follows:
(1) Each member at the time of appointment shall be at
least 25 years of age and shall have been a resident of this
Commonwealth for a period of at least one year immediately
preceding appointment. Each member shall continue to remain a
resident of this Commonwealth during the term of membership
on the board.
(2) Except for ex officio members, no person shall be
appointed a member of the board or be employed by or be an
independent contractor of the board if that person is a
public official or party officer as defined 4 Pa.C.S. ยง 1512
(relating to financial and employment interests) in this
Commonwealth or any of its political subdivisions.
(3) Each member, employee and independent contractor of
the board shall sign an agreement not to disclose
confidential information.
(4) No member, employee or independent contractor of the
board or other agency having regulatory authority over the
board shall be employed, hold any office or position or be
engaged in any activity which is incompatible with the
position, employment or contract.
(5) No member shall be paid or receive any fee or other
compensation for any activity related to the duties or
authority of the board other than salary and expenses
provided by law.
(6) No member, employee or independent contractor of the
board shall participate in a hearing, proceeding or other
matter in which the member, employee or independent
contractor, or the immediate family of the member, employee
or independent contractor, has a financial interest in the
subject matter of the hearing or proceeding or other interest
that could be substantially affected by the outcome of the
hearing or proceeding without first fully disclosing the
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nature of the interest to the board and other persons
participating in the hearing or proceeding. The board shall
determine if the interest is a disqualifying interest that
requires the disqualification or nonparticipation of an
employee or independent contractor. For purposes of this
paragraph, the term "immediate family" shall mean spouse,
parent, brother, sister or child.
(7) At the time of appointment and annually thereafter,
each member shall disclose the existence of any financial
interest in any marijuana grower/processor or dispensary and
in an affiliate, intermediary, subsidiary or holding company
thereof held by the member or known to be held by the
member's immediate family. The disclosure statement shall be
filed with the chairperson of the board and the Governor and
shall be open to inspection by the public at the office of
the board during the normal business hours of the board for
the duration of the member's term and for two years after the
member leaves office. For purposes of this paragraph, the
term "immediate family" shall mean spouse, parent, brother,
sister or child.
(8) Prior to being sworn as a member, an appointee and
the appointee's immediate family shall divest any financial
interest in any marijuana grower/processor or dispensary and
in an affiliate, intermediary, subsidiary or holding company
thereof owned or held by the appointee or known to be held by
the appointee's immediate family. For the duration of the
member's term and for two years thereafter, the member and
the member's immediate family may not acquire a financial
interest in any marijuana grower/processor or dispensary or
in an affiliate, intermediary, subsidiary or holding
company of any marijuana grower/processor or dispensary. For
purposes of this paragraph, the term "immediate family" shall
mean spouse and any minor or unemancipated child.
(9) Prior to entering into employment or a contract with
the board and annually thereafter, an employee or independent
contractor shall disclose the existence of any financial
interest in any marijuana grower/processor or dispensary and
in an affiliate, intermediary, subsidiary or holding company
thereof owned or held by the employee or independent
contractor or known to be held by the immediate family of the
employee or independent contractor. The disclosure statement
shall be filed with the board and shall be open to inspection
by the public at the office of the board during the normal
business hours of the board and for two years after
termination of employment or a contract with the board. For
purposes of this paragraph, the term "immediate family" shall
mean spouse, parent, brother, sister or child.
(10) Prior to entering into employment or contracting
with the board, an employee or independent contractor and the
employee's or independent contractor's immediate family shall
divest any financial interest in any marijuana
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grower/processor or dispensary, and in an affiliate,
intermediary, subsidiary or holding company thereof, owned or
held by the employee or independent contractor or known to be
held by the immediate family of the employee or independent
contractor. For the duration of the employee's employment
with the board or the independent contractor's contract with
the board and for two years thereafter, the employee or
independent contractor and the immediate family thereof shall
not acquire, by purchase, gift, exchange or otherwise, any
financial interest in any marijuana grower/processor or
dispensary and in any affiliate, intermediary, subsidiary or
holding company thereof. For purposes of this paragraph, the
term "immediate family" shall mean spouse, parent, brother,
sister or child.
(11) No member, employee or independent contractor of
the board may directly or indirectly solicit, request,
suggest or recommend to any marijuana grower/processor or
dispensary, or an affiliate, intermediary, subsidiary or
holding company thereof or to any principal, employee,
independent contractor or agent thereof, the appointment or
employment of any person in any capacity by the marijuana
grower/processor or dispensary, or an affiliate,
intermediary, subsidiary or holding company thereof for a
period of two years from the termination of term of office,
employment or contract with the board.
(12) No member may accept employment with any marijuana
grower/processor or dispensary, or an affiliate,
intermediary, subsidiary or holding company thereof, for a
period of two years from the termination of term of office.
(13) No former member may appear before the board in any
hearing or proceeding or participate in any other activity on
behalf of any marijuana grower/processor or dispensary, or an
affiliate, intermediary, subsidiary or holding company of a
marijuana grower/processor or dispensary for a period of two
years from the termination of term of office.
(14) A member who has been convicted during his term in
any domestic or foreign jurisdiction of a felony, infamous
crime or controlled substances offense shall, upon
conviction, be automatically removed from the board and shall
be ineligible to become a member in the future. If an ex
officio member is convicted during his term in any domestic
or foreign jurisdiction of a felony, infamous crime or
controlled substances offense, the ex officio member shall,
upon conviction, be automatically removed from the board and
a member shall be designated pursuant to subsection (e) to
serve the remainder of the ex officio member's term.
(15) The following shall apply to an employee of the
board whose duties substantially involve licensing,
enforcement, development of law, promulgation of regulations
or development of policy, relating to medical marijuana under
this chapter or who has other discretionary authority which
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may affect or influence the outcome of an action, proceeding
or decision under this act, including the executive director,
bureau directors and attorneys:
(i) The individual may not, for a period of two
years following termination of employment, accept
employment with or be retained by a marijuana
grower/processor or dispensary or by any affiliate,
intermediary, subsidiary or holding company of an
applicant, medical cannabis grower, processor or
dispenser.
(ii) The individual may not, for a period of two
years following termination of employment, appear before
the board in a hearing or proceeding or participate in
activity on behalf of a marijuana grower/processor or
dispensary or on behalf of any affiliate, intermediary,
subsidiary or holding company of a marijuana
grower/processor or dispensary.
(iii) A marijuana grower/processor or dispensary or
affiliate, intermediary, subsidiary or holding company of
a marijuana grower/processor or dispensary may not, until
the expiration of two years following termination of
employment, employ or retain the individual. Violation of
this subparagraph shall result in termination of the
individual's employment and subject the violator to
Chapter 13.
(iv) A prospective employee who, upon employment,
would be subject to this paragraph must, as a condition
of employment, sign an affidavit that the prospective
employee will not violate subparagraph (i) or (ii). If
the prospective employee fails to sign the affidavit, the
board shall rescind any offer of employment and shall not
employ the individual.
(16) The following shall apply to an entity involved in
consultation relating to licensing, enforcement, development
of law, promulgation of regulations or development of policy,
relating to medical cannabis under this chapter:
(i) The person may not, for a period of two years
following termination of the contract with the board, be
retained by a marijuana grower/processor or dispensary or
any affiliate, intermediary, subsidiary or holding
company of a marijuana grower/processor or dispensary.
(ii) The person may not, for a period of two years
following termination of the contract with the board,
appear before the board in a hearing or proceeding or
participate in activity on behalf of a marijuana
grower/processor or dispensary on behalf of an affiliate,
intermediary, subsidiary or holding company of a
marijuana grower/processor or dispensary.
(iii) A marijuana grower/processor or dispensary or
an affiliate, intermediary, subsidiary or holding company
of a marijuana grower/processor or dispensary may not,
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until the expiration of two years following termination
of the contract with the board, employ or retain the
person. A knowing violation of this subparagraph shall
result in termination of the person's employment and
subject the violator to Chapter 13.
(iv) Each contract between the board and an
independent contractor which involves the duties set
forth in this paragraph shall contain a provision
requiring the independent contractor to sign an affidavit
that the independent contractor will not violate
subparagraph (i) or (ii). If the independent contractor
fails to sign the affidavit, the board shall not enter
into the contract.
(v) An independent contractor shall require a
prospective employee whose employment would involve the
duties set forth in this paragraph to sign an affidavit
that the prospective employee will not violate
subparagraph (i) or (ii). If the prospective employee
fails to sign the affidavit, the independent contractor
shall rescind any offer of employment and shall not
employ the individual.
(17) If a member of the board violates any provision of
this section, the Governor may remove the person from the
board. A member removed under this paragraph shall, for a
period of five years following removal, be prohibited from
future appointment to the board and shall be prohibited from
applying for a license, permit or other authorization under
this chapter.
(b) Definitions.--As used in this section, the term
"financial interest" shall mean the ownership, property,
leasehold or other beneficial interest in an entity.
Section 1106.2. Liability.
Members shall not be personally liable for any of the
following:
(1) Obligations of the board.
(2) Actions which were within the scope of their office
and made in good faith.
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