THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE RESOLUTION

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

REFERRED TO RULES AND EXECUTIVE NOMINATIONS, APRIL 5, 2011  

A RESOLUTION

Amending the Rules of the Senate, providing for affiliation with

nonprofit entities.

RESOLVED, That the Rules of the Senate of Pennsylvania be

amended by adding a rule to read:

XXXVIII AFFILIATION WITH NONPROFIT ENTITIES

Requirements and Prohibitions

1.  In order for a Senator or a Senate employee, including a

family member of that Senator or Senate employee, to be

affiliated with a nonprofit entity, that nonprofit entity must

meet all of the following:

(a)  Have a formally established board of directors with at

least four members that is fully accountable for the nonprofit

entity's overall operation.

(b)  Have a written set of bylaws or rules, approved by its

board of directors, which establishes its composition and

governance process.

(c)  Require official action of the board of directors to be

approved and executed in a manner consistent with its bylaws or

rules.

(d)  Not receive grant funding directly from the Commonwealth

that comprises its sole source of operational funding.

2.  A Senator or Senate employee, including a family member

of that Senator or Senate employee, who is affiliated with a

nonprofit entity, may not do any of the following with regard to

a nonprofit entity with which that Senator or Senate employee,

including a family member of that Senator or Senate employee, is

affiliated:

(a)  Exercise sole and unilateral control of a final action

of the nonprofit entity regarding allocation or disbursement of

grant funding that the nonprofit entity receives directly from

the Commonwealth.

(b)  Direct a Senate employee to staff or provide services to

the nonprofit entity as a condition of employment.

(c)  Direct the personnel or other resources of the nonprofit

entity for the benefit of a Senator's campaign.

(d)  Commingle funds from a Senate district office allowance

or any other Senate expense account with the funds of the

nonprofit entity with the knowledge and intent that those funds

are to be used for the direct reimbursement of expenses incurred

by that nonprofit entity.

(e)  Maintain a Senate district office within or contiguous

to the same office as the nonprofit entity.

3.  A Senator or a Senate employee, including a family member

of that Senator or Senate employee, shall not be subject to the

requirements of this Rule if the affiliated nonprofit entity

receives no grant funding directly from the Commonwealth.

4.  To assure compliance with this Rule by Senators and

Senate employees, appropriate training measures shall be

implemented by the Senate. Training shall be provided annually

for all Senators and Senate employees.

Definitions

1.  As used in this Rule, the following words and phrases

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Affiliated."  Serving:

(1)  as an officer of a nonprofit entity;

(2)  on the board of directors of a nonprofit entity;

(3)  as a paid employee of a nonprofit entity; or

(4)  as a contractor of a nonprofit entity.

"Family member."  A spouse or child.

"Nonprofit entity."  An entity that is qualified by the

Internal Revenue Service as meeting the requirements of section

501(c) of the Internal Revenue Code of 1986 (Public Law 99-514,

26 U.S.C. § 501(c));

and be it further

RESOLVED, That this rule take effect 120 days from adoption.