Trial Engrossment of Amendment A05227 to House Bill 2132 P.N. 3138, Regular Session 2023-2024

A05227

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

2132

Session of

2024

INTRODUCED BY DALEY, O'NEAL, HOWARD, JAMES, KHAN, MARCELL,

MERSKI, SANCHEZ, HOHENSTEIN, DONAHUE, HADDOCK, NEILSON,

PIELLI, HILL-EVANS, BOYD, BELLMON, SCHLOSSBERG, OTTEN AND

GREEN, MARCH 19, 2024

AS REPORTED FROM COMMITTEE ON COMMERCE, HOUSE OF

REPRESENTATIVES, AS AMENDED, MAY 21, 2024

AN ACT

Amending Title 12 (Commerce and Trade) of the Pennsylvania

Consolidated Statutes, establishing the Pennsylvania Ireland

PENNSYLVANIA-IRELAND Trade Commission and the Pennsylvania

Ireland PENNSYLVANIA-IRELAND Trade Commission Account Fund;

imposing duties on the Department of Community and Economic

Development; and making an editorial change.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Chapter 15 heading of Title 12 of the

Pennsylvania Consolidated Statutes is amended to read:

CHAPTER 15

[(Reserved)]

PENNSYLVANIA IRELAND TRADE COMMISSION

PENNSYLVANIA-IRELAND TRADE COMMISSION

Section 2. Chapter 15 of Title 12 is amended by adding

sections to read:

§ 1501. Definitions.

The following words and phrases when used in this chapter

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

context clearly indicates otherwise:

"Account." The Pennsylvania Ireland PENNSYLVANIA-IRELAND

Trade Commission Account established under section 1503

(relating to Pennsylvania Ireland PENNSYLVANIA-IRELAND Trade

Commission Account).

"Commission." The Pennsylvania Ireland PENNSYLVANIA-IRELAND

Trade Commission established under section 1502 (relating to

establishment of commission).

"Department." The Department of Community and Economic

Development of the Commonwealth.

"Financial assets." Monetary and other financial gifts,

grants, donations, bequests, payments and other monetary

contributions from any source. INDIVIDUALS, CORPORATIONS,

FOUNDATIONS, GOVERNMENTAL AGENCIES, PUBLIC AND PRIVATE

ORGANIZATIONS AND INSTITUTIONS AND ANY OTHER SOURCE.

"Fund." The Pennsylvania-Ireland Trade Commission Fund

established under section 1503 (relating to Pennsylvania-Ireland

Trade Commission Fund).

"SECRETARY." THE SECRETARY OF COMMUNITY AND ECONOMIC

DEVELOPMENT OF THE COMMONWEALTH.

§ 1502. Establishment of commission.

The Pennsylvania Ireland PENNSYLVANIA-IRELAND Trade

Commission is established within the department.

§ 1503. Pennsylvania Ireland Trade Commission Account.

The Pennsylvania Ireland Trade Commission Account is

established within the General Fund to accept money, gifts,

grants and bequests received under section 1510 (relating to

money, gifts, grants and bequests). The money in the account is

appropriated on a continuing basis to the commission for the

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commission's administrative expenses.

§ 1503. PENNSYLVANIA-IRELAND TRADE COMMISSION ACCOUNT Fund .

(A) ESTABLISHMENT AND PURPOSES.--THE PENNSYLVANIA-IRELAND

TRADE COMMISSION ACCOUNT Fund IS ESTABLISHED WITHIN THE GENERAL

FUND as a nonlapsing fund within the State Treasury TO ACCEPT

FINANCIAL ASSETS TO DEFRAY THE ADMINISTRATIVE EXPENSES OF THE

COMMISSION AND IMPLEMENT AND ADMINISTER THE PROVISIONS OF THIS

CHAPTER.

(B) OPERATION.--THE MONEY IN THE ACCOUNT IS APPROPRIATED ON

A CONTINUING BASIS TO THE COMMISSION FOR THE PURPOSES DESCRIBED

IN SUBSECTION (A).

(b) Operation.--

(1) All money deposited into the fund and interest and

other earnings on the money in the fund are appropriated on a

continuing basis to the commission for the purposes described

in subsection (a).

(2) Any money remaining in the fund at the end of each

fiscal year, including interest and other earnings, shall not

revert to the General Fund, but shall remain in the fund.

§ 1504. Membership requirements.

(a) Appointments.--The commission shall consist of the

following members:

(1) Seven members appointed by the Governor, which shall

include:

(1) THE SECRETARY OR A DESIGNEE OF THE SECRETARY.

(2) SIX INDIVIDUALS APPOINTED BY THE GOVERNOR, WHICH

SHALL INCLUDE:

(i) At least one representative from a public

institution of higher education.

(ii) At least one representative from the

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Pennsylvania Chamber of Commerce BUSINESS AND INDUSTRY or

a successor organization.

(iii) At least two members representating

REPRESENTING Irish-American communities, neither of whom

shall be members of the same political party.

(2) (3) Two individuals appointed by the President pro

tempore of the Senate.

(3) (4) Two individuals appointed by the Speaker of the

House of Representatives.

(4) (5) Two individuals appointed by the Minority Leader

of the Senate.

(5) (6) Two individuals appointed by the Minority Leader

of the House of Representatives.

(b) Qualifications.--All members appointed by the President

pro tempore of the Senate, the Speaker of the House of

Representatives, the Minority Leader of the Senate and the

Minority Leader of the House of Representatives shall have

current or past involvement in organizations that promote Irish

affairs or have interest in the well-being of trade relations

between Pennsylvania and Ireland.

(1) The members appointed under subsection (a)(1) (A)(2)

shall serve for a term of four years.

(2) Members appointed under subsection (a)(2), (3), (4)

and (5) (A)(3), (4), (5) AND (6) shall serve for a term of

two years.

(d) Inital appointments.--Inital Initial appointments.--

Initial appointments to the commission shall be made no later

than 90 days after the effective date of this subsection.

(e) Vacancies.--A vacancy in the membership of the

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commission shall be filled in the same manner as the original

appointment was made.

(f) Compensation prohibited.--Members of the commission

shall serve without compensation but may be reimbursed for

expenses actually incurred in the performance of the member's

duties within the limit of money appropriated to the commission

or otherwise made available to the commission for its purposes.

(g) Chair.--The President pro tempore of the Senate shall

designate one chair from among the President pro tempore's

appointments. The Speaker of the House of Representatives shall

designate one chair from among the Speaker of the House of

Representatives' appointments.

(h) Quorum.--A majority of the members of the commission

shall constitute a quorum for the transaction of the business of

the commission.

§ 1505. Meetings.

The commission shall meet quarterly and hold hearings as

necessary at the places it designates within this Commonwealth.

§ 1506. Applicability.

The following acts shall apply to the commission:

(1) The act of July 19, 1957 (P.L.1017, No.451), known

as the State Adverse Interest Act.

(2) The act of February 14, 2008 (P.L.6, No.3), known as

the Right-to-Know Law.

(3) The provisions of 65 Pa.C.S. Chs. 7 (relating to

open meetings) and 11 (relating to ethics standards and

financial disclosure).

§ 1507. Fiduciary relationship.

The members of the commission shall stand in a fiduciary

relationship with the Commonwealth and the commission as to the

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financial assets of the commission.

§ 1508. Powers and duties.

The commission shall have and may exercise all powers and

duties necessary or appropriate to carry out and effectuate the

commission's purposes, including:

(1) A dvance bilateral trade and investment between

Pennsylvania and Ireland.

(2) Initiate joint action on policy issues of mutual

interest to Pennsylvania and Ireland.

(3) Promote business and academic exchanges between

Pennsylvania and Ireland.

(4) Encourage mutual economic support between

Pennsylvania and Ireland.

(5) Encourage mutual investment in the infrastructure of

Pennsylvania and Ireland.

(6) For the purposes of defraying the administrative

expenses of the commission and implementing and administering

the provisions of this chapter, raise and accept financial

assets through direct solicitations or other fundraising

events alone or in conjunction with other persons.

(6) ACCEPT FINANCIAL ASSETS TO DEFRAY THE ADMINISTRATIVE

EXPENSES OF THE COMMISSION AND IMPLEMENT AND ADMINISTER THE

PROVISIONS OF THIS CHAPTER.

(7) Adopt bylaws, if necessary.

(8) Address other issues as determined by the

commission.

§ 1509. Report.

The commission shall report its findings, results and

recommendations to the Governor and the General Assembly within

one year of the commission's initial organizational meeting and

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by February 1 of each succeeding year for the activities in the

preceding calendar year. The report shall be in writing and

include recommendations as deemed appropriate by the commission

to effectuate the commission's purposes.

§ 1510. Money, gifts, grants and bequests.

The commission is authorized to raise money through direct

solicitation and other fundraising events alone or with other

groups and accept gifts, grants and bequests from individuals,

corporations, foundations, governmental agencies and public and

private organizations and institutions to defray the

commission's administrative expenses and to carry out the

commission's purposes.

Section 3. This act shall take effect immediately.

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