S0003B0889A06063 PWK:JSL 03/14/16 #90 A06063
AMENDMENTS TO SENATE BILL NO. 3 (As amended by A05835)
Sponsor: REPRESENTATIVE LAWRENCE
Printer's No. 889
Amend Bill, page 2, by inserting between lines 50 and 51
(A05835)
Section 2101.1. Financial and employment interests.
Amend Bill, page 42, by inserting between lines 24 and 25
(A05835)
Section 2101.1. Financial and employment interests.
(a) Financial interests.--Except as may be provided for the
judiciary by rule or order of the Pennsylvania Supreme Court, an
executive-level public employee, public official or party
officer, or an immediate family member thereof, shall not
intentionally or knowingly hold a financial interest in a
medical marijuana organization or in a holding company,
affiliate, intermediary or subsidiary thereof, while the
individual is an executive-level public employee, public
official or party officer and for one year following termination
of the individual's status as an executive-level public
employee, public official or party officer.
(b) Employment.--Except as may be provided by rule or order
of the Pennsylvania Supreme Court, no executive-level public
employee, public official or party officer, or an immediate
family member thereof, shall be employed by a medical marijuana
organization or by any holding company, affiliate, intermediary
or subsidiary thereof, while the individual is an executive-
level public employee, public official or party officer and for
one year following termination of the individual's status as an
executive-level public employee, public official or party
officer.
(c) Grading.--An individual who violates this section
commits a misdemeanor and shall, upon conviction, be sentenced
to pay a fine of not more than $1,000 or to imprisonment for not
more than one year, or both.
(d) State Ethics Commission.--The State Ethics Commission
shall do all of the following:
(1) Issue a written determination of whether a person is
subject to subsections (a) or (b) upon the written request of
the person or any other person that may have liability for an
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action taken with respect to such person. A person that
relies in good faith on a determination made under this
paragraph shall not be subject to any penalty for an action
taken, provided that all material facts set forth in the
request for the determination are correct.
(2) Publish a list of all State, county, municipal and
other government positions that meet the definitions of
"public official" as defined under subsection (b) or
"executive-level public employee." The Office of
Administration shall assist the State Ethics Commission in
the development of the list, which shall be published by the
State Ethics Commission in the Pennsylvania Bulletin
biennially and posted by the board on the board's Internet
website. Upon request, each public official shall have a duty
to provide the State Ethics Commission with adequate
information to accurately develop and maintain the list. The
State Ethics Commission may impose a civil penalty under 65
Pa.C.S. § 1109(f) (relating to penalties) upon any
individual, including any public official or executive-level
public employee, who fails to cooperate with the State Ethics
Commission under this subsection. A person that relies in
good faith on the list published by the State Ethics
Commission shall not be subject to any penalty for a
violation of this section.
(e) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection:
"Financial interest." As defined in 4 Pa.C.S. § 1512(b)
(relating to financial and employment interests).
"Immediate family." As defined in 4 Pa.C.S. § 1512(b).
"Party officer." As defined in 4 Pa.C.S. § 1512(b).
"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
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this part.
The term does not include a member of a school board or an
individual who held an uncompensated office with a governmental
body prior to January 1, 2017, and who no longer holds the
office as of January 1, 2017. The term includes a member of an
advisory board or commission.
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