HB 398 — An Act amending Title 74 (Transportation) of the Pennsylvania Consolidated Statutes, in authority of Department of Transportation, further providing for aircraft for official use.

PRINTER'S NO.   367

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 398
                                               Session of
                                                 2025

     INTRODUCED BY KRUPA, KAUFFMAN, COOK, ROAE, BARTON, M. MACKENZIE,
        HAMM AND BARGER, JANUARY 28, 2025

     REFERRED TO COMMITTEE ON TRANSPORTATION, JANUARY 28, 2025


                                    AN ACT
 1   Amending Title 74 (Transportation) of the Pennsylvania
 2      Consolidated Statutes, in authority of Department of
 3      Transportation, further providing for aircraft for official
 4      use.
 5      The General Assembly of the Commonwealth of Pennsylvania
 6   hereby enacts as follows:
 7      Section 1.    Section 5302(a) and (b)(10) of Title 74 of the
 8   Pennsylvania Consolidated Statutes are amended and the section
 9   is amended by adding subsections to read:
10   § 5302.   Aircraft for official use.
11      (a)    General rule.--The department may purchase or lease and
12   maintain aircraft required for the proper conduct of the
13   official business of the Commonwealth agencies and the General
14   Assembly. The total cost, including all ordinary and necessary
15   expenses for the use of such aircraft, shall be charged by the
16   department to the using agency or the General Assembly. The
17   amount of such charge shall be paid into the Aviation Restricted
18   Account and be credited to the amounts appropriated therefrom
19   for the use of the department. All amounts so credited are
 1   hereby appropriated to the department for the same purposes as
 2   other appropriations out of the Aviation Restricted Account for
 3   the use of the department.
 4      (a.1)   Attestation of official business.--An aircraft
 5   authorized under this section may only be used by Commonwealth
 6   agencies and the General Assembly for flights which are entirely
 7   for official business. A public official or public employee who
 8   receives a flight on an aircraft authorized under this section
 9   shall sign a declaration subject to 18 Pa.C.S. § 4904 (relating
10   to unsworn falsification to authorities) stating that the trip
11   is exclusively for official business and that the public
12   official or public employee will not engage in political
13   activities or attend a sporting event after arrival and before
14   departure on the return flight, even if the political activities
15   or attendance at sporting events are incidental to the official
16   business which is the purpose of the flight.
17      (a.2)   Prohibited passengers.--A lobbyist, a principal or an
18   individual who owns, is employed or is otherwise under contract
19   with a lobbyist or principal may not receive a flight on an
20   aircraft authorized under this section.
21      (b)   Flight log required.--The department shall establish and
22   maintain a log of flights using aircraft authorized under this
23   section. This log shall be publicly accessible on the
24   department's Internet website and shall be updated monthly. At
25   minimum, the information made available on the department's
26   Internet website shall include:
27            * * *
28            (10)    [Public] The official business that is the purpose
29      of the trip[.], which shall be described with particularity
30      and shall include, at a minimum, the following:

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 1                 (i)    For attendance at an event, the name of the
 2             event, the sponsor of the event and whether the event is
 3             open to the public.
 4                 (ii)    For attendance at a meeting, the subject of the
 5             meeting and the name of each individual who attended the
 6             meeting.
 7             * * *
 8      (d)    Out-of-state flights.--An aircraft authorized under this
 9   section may not fly to an airport outside of this Commonwealth,
10   except for an emergency which is attested to in writing by the
11   executive director of the Pennsylvania Emergency Management
12   Agency.
13      (e)    Definitions.--As used in this section, the following
14   words and phrases shall have the meanings given to them in this
15   subsection unless the context clearly indicates otherwise:
16      "Lobbyist."       As defined in 65 Pa.C.S. § 13A03 (relating to
17   definitions).
18      "Principal."      As defined in 65 Pa.C.S. § 13A03.
19      Section 2.       This act shall take effect immediately.




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