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                               CORRECTIVE REPRINT
                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 917, 4350, 4417,         PRINTER'S NO. 4887
        4350, 4884

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 700 Session of 2005


        INTRODUCED BY MAHER, BROWNE, CLYMER, ARGALL, ARMSTRONG, BAKER,
           BOYD, CALTAGIRONE, CAPPELLI, CRAHALLA, CREIGHTON, DALLY,
           DENLINGER, FAIRCHILD, FREEMAN, GINGRICH, HANNA, HARPER,
           HENNESSEY, JOSEPHS, KAUFFMAN, LEVDANSKY, MANDERINO, MARKOSEK,
           McILHATTAN, MUNDY, NAILOR, NICKOL, READSHAW, REICHLEY, ROSS,
           RUBLEY, SATHER, SCHRODER, SHAPIRO, B. SMITH, STEIL,
           R. STEVENSON, TANGRETTI, TIGUE, TRUE, WATSON, WRIGHT,
           HARHART, S. MILLER, GERBER, BEYER, REED, MELIO AND
           HUTCHINSON, MARCH 14, 2005

        SENATE AMENDMENTS TO HOUSE AMENDMENTS, OCTOBER 23, 2006

                                     AN ACT

     1  Amending Title 65 (Public Officers) of the Pennsylvania           <--
     2     Consolidated Statutes, providing for provisions relating to
     3     lobby regulation and disclosure; making an appropriation; and
     4     making a related repeal.
     5  AMENDING TITLE 65 (PUBLIC OFFICERS) OF THE PENNSYLVANIA           <--
     6     CONSOLIDATED STATUTES, FURTHER PROVIDING FOR ETHICAL
     7     STANDARDS DEFINITIONS AND FOR LOBBY REGULATION AND
     8     DISCLOSURE.

     9     The General Assembly of the Commonwealth of Pennsylvania
    10  hereby enacts as follows:
    11     Section 1.  Chapter 13 Heading and sections 1301, 1302, 1303,  <--
    12  1304, 1305, 1306, 1307, 1308, 1309, 1310 and 1311 of Title 65 of
    13  the Pennsylvania Consolidated Statutes are amended to read:
    14                            [CHAPTER 13
    15                  LOBBY REGULATION AND DISCLOSURE
    16  § 1301.  Short title of chapter.

     1     This chapter shall be known and may be cited as the Lobbying
     2  Disclosure Act.
     3  § 1302.  Statement of intent and jurisdiction.
     4     (a)  Intent.--The Constitution of Pennsylvania recognizes the
     5  principle that all free government is founded upon the authority
     6  of the people. It further provides that the power to make law in
     7  this Commonwealth is vested in the General Assembly and the
     8  power to enforce law is vested in the Executive Department. The
     9  ability of the people to exercise their fundamental authority
    10  and to have confidence in the integrity of the process by which
    11  laws are made and enforced in this Commonwealth demands that the
    12  identity and the scope of activity of those employed to
    13  influence the actions of the General Assembly and the Executive
    14  Department be publicly and regularly disclosed.
    15     (b)  Jurisdiction.--The authority to regulate persons
    16  employed to influence the actions of the General Assembly and
    17  the Executive Department lies within the jurisdiction of those
    18  branches of government. To insure that the intent of this
    19  chapter is not evaded and that all such persons are regulated in
    20  a fair and equitable manner, lobbyists and the practice of
    21  lobbying shall be subject to this chapter, which shall prevail
    22  over any other regulation of professional activity when that
    23  activity constitutes lobbying. This chapter is not intended to
    24  govern professional activities which do not include lobbying and
    25  which are properly the subject of regulation by the judicial
    26  branch of government or by any government agency. Membership in
    27  a regulated profession shall not excuse a lobbyist from
    28  compliance with the provisions of this chapter.
    29  § 1303.  Definitions.
    30     The following words and phrases when used in this chapter
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     1  shall have the meanings given to them in this section unless the
     2  context clearly indicates otherwise:
     3     "Administrative action."  Any of the following:
     4         (1)  An agency's:
     5             (i)  proposal, consideration, promulgation or
     6         rescission of a regulation;
     7             (ii)  development or modification of a guideline or a
     8         statement of policy; or
     9             (iii)  approval or rejection of a regulation.
    10         (2)  The review, revision, approval or disapproval of a
    11     regulation under the act of June 25, 1982 (P.L.633, No.181),
    12     known as the Regulatory Review Act.
    13         (3)  The Governor's approval or veto of legislation.
    14         (4)  The nomination or appointment of an individual as an
    15     officer or employee of the Commonwealth.
    16         (5)  The proposal, consideration, promulgation or
    17     rescission of an executive order.
    18     "Affiliated political action committee."  A political action
    19  committee as defined in section 1621(l) of the act of June 3,
    20  1937 (P.L.1333, No.320), known as the Pennsylvania Election
    21  Code, which has a chairman, a treasurer or another officer who
    22  is a principal, an employee of a principal, a lobbyist or an
    23  employee of a lobbyist, provided if an employee of a registrant
    24  serves as the officer of a political action committee in what is
    25  clearly a personal capacity and the goals and mission of that
    26  political action committee clearly have no relationship to the
    27  goals and mission of the registrant, such political action
    28  committee shall not be considered an affiliated political action
    29  committee for the purposes of this definition.
    30     "Agency."  A State agency, board, commission, authority or
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     1  department.
     2     "Commission."  The State Ethics Commission.
     3     "Compensation."  Anything of value, including benefits,
     4  received or to be received from a principal by one acting as a
     5  lobbyist.
     6     "Direct communication."  An effort, whether written, oral or
     7  by any other medium, made by a lobbyist or principal, directed
     8  to a State official or employee, the purpose or foreseeable
     9  effect of which is to influence legislative action or
    10  administrative action.
    11     "Economic consideration."  Anything of value offered or
    12  received.
    13     "Fund."  The Lobbying Disclosure Fund established in section
    14  1310(b) (relating to filing fees; fund established;
    15  regulations).
    16     "Gift."  As defined in section 1102 (relating to
    17  definitions).
    18     "Immediate family."  An individual's spouse, an individual's
    19  child and an individual's parent, brother, sister or like
    20  relative-in-law.
    21     "Indirect communication."  An effort, whether written, oral
    22  or by any other medium, to encourage others, including the
    23  general public, to take action, the purpose or foreseeable
    24  effect of which is to directly influence legislative action or
    25  administrative action. The term includes letter-writing
    26  campaigns, mailings, telephone banks, print and electronic media
    27  advertising, billboards, publications and educational campaigns
    28  on public issues. The term does not include regularly published
    29  periodic newsletters primarily designed for and distributed to
    30  members of a bona fide association or charitable or fraternal
    20050H0700B4887                  - 4 -     

     1  nonprofit corporation.
     2     "Legislation."  Bills, resolutions, amendments and
     3  nominations pending or proposed in either the Senate or the
     4  House of Representatives. The term includes any other matter
     5  which may become the subject of action by either chamber of the
     6  General Assembly.
     7     "Legislative action."  An action taken by a State official or
     8  employee involving the preparation, research, drafting,
     9  introduction, consideration, modification, amendment, approval,
    10  passage, enactment, tabling, postponement, defeat or rejection
    11  of legislation; legislative motions; overriding or sustaining a
    12  veto by the Governor; or confirmation of appointments by the
    13  Governor or of appointments to public boards or commissions by a
    14  member of the General Assembly.
    15     "Lobbying."  An effort to influence legislative action or
    16  administrative action. The term includes:
    17         (1)  providing any gift, entertainment, meal,
    18     transportation or lodging to a State official or employee for
    19     the purpose of advancing the interest of the lobbyist or
    20     principal; and
    21         (2)  direct or indirect communication.
    22     "Lobbyist."  Any individual, firm, association, corporation,
    23  partnership, business trust or business entity that engages in
    24  lobbying on behalf of a principal for economic consideration.
    25  The term includes an attorney who engages in lobbying.
    26     "Principal."  Any individual, firm, association, corporation,
    27  partnership, business trust or business entity:
    28         (1)  on whose behalf a lobbyist influences or attempts to
    29     influence an administrative action or a legislative action;
    30     or
    20050H0700B4887                  - 5 -     

     1         (2)  that engages in lobbying on the principal's own
     2     behalf.
     3     "Registrant."  A registered lobbyist or a registered
     4  principal.
     5     "Regulation."  Any rule, regulation or order in the nature of
     6  a rule or regulation, including formal and informal opinions of
     7  the Attorney General, of general application and future effect,
     8  promulgated by an agency under statutory authority in the
     9  administration of a statute administered by or relating to the
    10  agency, or prescribing the practice or procedure before the
    11  agency.
    12     "State official or employee."  An individual elected or
    13  appointed to a position in State government or employed by State
    14  government, whether compensated or uncompensated, who is
    15  involved in legislative action or administrative action.
    16  § 1304.  Registration.
    17     (a)  General rule.--Unless excluded under section 1306
    18  (relating to exemption from registration and reporting), a
    19  lobbyist or a principal must register with the commission within
    20  ten days of acting in any capacity as a lobbyist or principal.
    21  Registration shall be biennial and be coincident with the terms
    22  of the members of the House of Representatives.
    23     (b)  Principals.--
    24         (1)  A principal required to register shall file the
    25     following information with the commission:
    26             (i)  Name.
    27             (ii)  Permanent address.
    28             (iii)  Daytime telephone number.
    29             (iv)  Name and nature of business.
    30             (v)  Name, registration number and acronyms of
    20050H0700B4887                  - 6 -     

     1         affiliated political action committees.
     2             (vi)  Name and permanent business address of each
     3         individual who will for economic consideration engage in
     4         lobbying on the principal's behalf.
     5         (2)  If an organization or association is a principal,
     6     the number of dues-paying members in the past calendar year
     7     shall also be disclosed.
     8     (c)  Lobbyist.--
     9         (1)  A lobbyist who is required to register shall file
    10     the following information with the commission:
    11             (i)  Name.
    12             (ii)  Permanent business address.
    13             (iii)  Daytime telephone number.
    14             (iv)  A recent picture of the lobbyist.
    15             (v)  Name, permanent business address and daytime
    16         telephone number of the principal the lobbyist
    17         represents.
    18             (vi)  Name, registration number and acronyms of
    19         affiliated political action committees.
    20         (2)  Each lobbyist shall file a separate registration
    21     statement for each principal he or she represents.
    22     (d)  Amendments.--
    23         (1)  When there is a change of information required for
    24     the registration statement under subsection (b)(1) or (c), an
    25     amended statement shall be filed with the commission within
    26     14 days after the change occurs.
    27         (2)  When there is a change in information required for
    28     the registration statement under subsection (b)(2), an
    29     amended statement shall be filed with the commission within
    30     14 days of the end of the year in which the change occurs.
    20050H0700B4887                  - 7 -     

     1     (e)  Termination.--A lobbyist or a principal may terminate
     2  registration by filing notice with the commission. Within 30
     3  days of filing the notice, the lobbyist or principal shall file
     4  a termination report, which shall include all information
     5  required by section 1305 (relating to reporting) through the
     6  final day of lobbying activity. After a reasonable review of the
     7  termination report but not later than 90 days after receipt of
     8  the notice, the commission shall issue to the lobbyist or
     9  principal a letter stating that the registrant has terminated
    10  registration. The filing of notice or a termination report shall
    11  not affect the commission's authority to conduct investigations
    12  and hearings pursuant to section 1308(h) (relating to
    13  administration and enforcement). No lobbying may occur after the
    14  filing of notice unless the lobbying is pursuant to a separate
    15  registration statement which is filed with the commission and
    16  which, at the time of the lobbying, has not been terminated.
    17  § 1305.  Reporting.
    18     (a)  General rule.--A lobbyist as required by subsection
    19  (b)(6) or a registered principal shall, under oath or
    20  affirmation, file quarterly expense reports with the commission.
    21     (b)  Content.--
    22         (1)  Reports must list the names of all lobbyists by whom
    23     the lobbying is conducted and the general subject matter or
    24     issue being lobbied.
    25         (2)  Expense reports must contain the following
    26     categories:
    27             (i)  A single aggregate good faith estimate of the
    28         total amount spent for personnel and office expenses
    29         related to lobbying. This subparagraph includes salaries
    30         and other forms of compensation, benefits, vehicle
    20050H0700B4887                  - 8 -     

     1         allowances, bonuses and reimbursable expenses for those
     2         involved in lobbying. If compensation is to be reported
     3         by or for an individual or entity whose lobbying is
     4         incidental to regular employment, it shall be sufficient
     5         to report a good faith prorated estimate based on the
     6         value of the time devoted to lobbying. Reportable
     7         personnel costs include costs for lobbying staff,
     8         research and monitoring staff, consultants, lawyers,
     9         lobbyists, publications and public relations staff,
    10         technical staff and clerical and administrative support
    11         staff who engage in lobbying but are exempt from
    12         reporting under section 1306(6) (relating to exemption
    13         from registration and reporting). This subparagraph
    14         includes costs for offices, equipment and supplies
    15         utilized for lobbying.
    16             (ii)  A single aggregate good faith estimate of the
    17         total amount spent for direct communication.
    18             (iii)  The total costs for gifts, entertainment,
    19         meals, transportation, lodging and receptions given to or
    20         provided to State officials or employees or their
    21         immediate families.
    22             (iv)  A single aggregate good faith estimate of the
    23         total amount spent for indirect communication.
    24         (3)  In addition to reporting the totals required under
    25     this subsection, the expense report must identify, by name,
    26     position and each occurrence, a State official or employee
    27     who receives from a principal or lobbyist anything of value
    28     which must be included in the statement under section
    29     1105(b)(6) or (7) (relating to statement of financial
    30     interests) as implemented by section 1105(d).
    20050H0700B4887                  - 9 -     

     1             (i)  For purposes of this chapter, the amount
     2         referred to in section 1105(b)(7) shall be considered an
     3         aggregate amount per year.
     4             (ii)  Written notice must be given to each public
     5         official or employee of inclusion in the expense report
     6         within seven days of the report's submission to the
     7         commission. Notice under this subparagraph shall include
     8         the information which will enable the public official or
     9         employee to comply with section 1105(b)(6) and (7). For
    10         purposes of this chapter and Chapter 11 (relating to
    11         ethics standards and financial disclosure), section
    12         1105(b)(6) and (7) shall constitute mutually exclusive
    13         categories.
    14             (iii)  Regulations shall be promulgated under section
    15         1310(c) (relating to filing fees; fund established;
    16         regulations) to define mutually exclusive categories
    17         under section 1105(b)(6) and (7) and to determine whether
    18         a thing of value is subject to disclosure under section
    19         1105(b)(6) or (7).
    20         (4)  A lobbyist must sign the reports submitted by each
    21     principal represented to attest to the validity and accuracy
    22     to the best of the lobbyist's knowledge. A lobbyist may
    23     attach a statement to the report of any principal, describing
    24     the limits of the lobbyist's knowledge concerning the
    25     expenditures contained in the report.
    26         (5)  The expense report shall also include the name,
    27     permanent business address and daytime telephone number of
    28     any individual, firm, association, corporation, partnership,
    29     business trust or business entity which contributed more than
    30     10% of the total resources received by the principal during
    20050H0700B4887                 - 10 -     

     1     the reporting period.
     2         (6)  A lobbyist shall submit a separate report if, during
     3     the reporting period, the lobbyist engaged in lobbying which
     4     was not contained in the reports filed by the principal or
     5     principals represented by the lobbyist. A separate lobbyist
     6     report shall contain the identity of the principal for whom
     7     such lobbying was performed and shall contain all information
     8     required under paragraphs (2) and (3).
     9         (7)  A registered principal or registered lobbyist that
    10     attempts to influence an agency's preparing, bidding,
    11     entering into or approving a contract shall ensure that the
    12     related expenses are included under paragraph (2).
    13     (c)  Records retention.--A registrant shall retain all
    14  documents reasonably necessary to substantiate the reports to be
    15  made under this section for four years from the date of filing
    16  the subject report. Upon request by the Office of the Attorney
    17  General or the commission, these materials shall be made
    18  available for inspection within a reasonable period of time.
    19     (d)  Thresholds for reporting.--An expense report shall be
    20  filed when total expenses for lobbying exceed $500 for a
    21  registered principal or a registered lobbyist in a reporting
    22  period. In a reporting period in which total expenses are $500
    23  or less, a statement to that effect shall be filed.
    24     (e)  Voluntary disclosure.--Nothing in this section shall
    25  prevent a principal or lobbyist from disclosing expenses in
    26  greater detail than required.
    27  § 1306.  Exemption from registration and reporting.
    28     The following individuals and activities shall be exempt from
    29  registration under section 1304 (relating to registration) and
    30  reporting under section 1305 (relating to reporting):
    20050H0700B4887                 - 11 -     

     1         (1)  An individual who limits lobbying activities to
     2     preparing testimony and testifying before a committee of the
     3     legislature or participating in an administrative proceeding
     4     of an agency.
     5         (2)  An individual who is an employee of an entity
     6     engaged in the business of publishing, broadcasting or
     7     televising while engaged in the gathering and dissemination
     8     of news and comment thereon to the general public in the
     9     ordinary course of business.
    10         (3)  Any of the following:
    11             (i)  An individual who does not receive compensation,
    12         other than traveling expenses, for lobbying.
    13             (ii)  An individual whose compensation for lobbying,
    14         from all principals represented, does not exceed $2,500
    15         in the aggregate during any reporting period.
    16             (iii)  An individual who engages in lobbying on
    17         behalf of the individual's employer and where lobbying
    18         activity represents less than the equivalent of $2,500 of
    19         the employee's time during any reporting period, based on
    20         an hourly proration of the employee's compensation.
    21             (iv)  A principal whose total expenses for lobbying
    22         purposes do not exceed $2,500 during any reporting
    23         period.
    24         (4)  Any of the following:
    25             (i)  An elected State officer acting in an official
    26         capacity.
    27             (ii)  A State executive officer appointed by the
    28         Governor acting in an official capacity.
    29             (iii)  An elected or appointed official or employee
    30         of a political subdivision acting in an official
    20050H0700B4887                 - 12 -     

     1         capacity.
     2             (iv)  An employee of the Commonwealth or independent
     3         agency of the Commonwealth acting in an official
     4         capacity.
     5         (5)  An individual representing a bona fide church of
     6     which the individual is a member and the purpose of the
     7     lobbying is solely for the purpose of protecting the
     8     constitutional right to the free exercise of religion.
     9         (6)  An employee, who is not a registered lobbyist, of a
    10     corporation which:
    11             (i)  is registered as a principal under section 1304;
    12             (ii)  has one or more registered lobbyists; and
    13             (iii)  includes in its reports under section 1305 all
    14         of the employee's expenses related to lobbying.
    15  § 1307.  Prohibited activities.
    16     (a)  Contingent compensation.--
    17         (1)  No one may compensate or incur an obligation to
    18     compensate any lobbyist, principal or individual to engage in
    19     lobbying for compensation contingent in whole or in part upon
    20     any of the following:
    21             (i)  Passage or defeat, or approval or veto, of
    22         legislation.
    23             (ii)  Occurrence or nonoccurrence of an
    24         administrative action.
    25         (2)  No lobbyist, principal or individual may engage or
    26     agree to engage in lobbying for compensation contingent in
    27     whole or in part upon any of the following:
    28             (i)  Passage or defeat, or approval or veto, of
    29         legislation.
    30             (ii)  Occurrence or nonoccurrence of an
    20050H0700B4887                 - 13 -     

     1         administrative action.
     2     (b)  Political committees.--A lobbyist may not serve as a
     3  treasurer or another officer for a candidate's political
     4  committee or a candidate's political action committee.
     5     (c)  Fee restrictions.--A lobbyist may not charge a fee or
     6  receive compensation or economic consideration based upon an
     7  understanding, either written or oral, that any part of the fee,
     8  compensation or economic consideration will be converted into a
     9  contribution to a candidate for public office or a political
    10  committee.
    11     (d)  Falsification.--No lobbyist or principal may, for the
    12  purpose of influencing legislative action or administrative
    13  action, transmit, utter or publish to any State official or
    14  employee any communication, knowing that such communication or
    15  any signature on the communication is false, forged, counterfeit
    16  or fictitious.
    17  § 1308.  Administration and enforcement.
    18     (a)  Criminal enforcement.--If the commission believes an
    19  intentional violation of this chapter has been committed, it
    20  shall refer all relevant documents and other information to the
    21  Office of Attorney General.
    22     (b)  Attorney General.--In addition to the authority
    23  conferred upon the Attorney General under the act of October 15,
    24  1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act,
    25  the Attorney General has the authority to investigate and
    26  prosecute a violation of this chapter.
    27     (c)  Advice and opinions.--The commission shall provide
    28  advice and opinions in accordance with procedures set forth in
    29  section 1107 (relating to powers and duties of commission) to a
    30  lobbyist, principal or State official or employee who has a
    20050H0700B4887                 - 14 -     

     1  question regarding compliance with this chapter. A principal, a
     2  lobbyist or an individual who acts in good faith based on the
     3  written advice or opinion of the commission shall not be held
     4  liable for a violation of this chapter.
     5     (d)  Public inspection and copying.--The commission shall
     6  make completed registration statements, expense reports,
     7  termination notices and termination reports which have been
     8  filed with the commission available for public inspection and
     9  provide copies of these documents at a price which shall not
    10  exceed the actual cost of copying. Documents that are maintained
    11  and reproducible in an electronic format shall be provided in
    12  that format upon request.
    13     (e)  Annual reporting.--The commission shall prepare and
    14  publish an annual report on lobbying activities in this
    15  Commonwealth. The commission shall also annually publish a
    16  listing of principals, identifying affiliated political action
    17  committees and lobbyists, and a listing of lobbyists,
    18  identifying affiliated political action committees and
    19  principals.
    20     (f)  Retention of records.--Completed registration
    21  statements, expense reports, termination notices and termination
    22  reports shall remain on file with the commission for a four-year
    23  period.
    24     (g)  Audits.--The commission shall initiate, by lottery,
    25  random annual audits of the registration statements and
    26  disclosure reports in sufficient number to ensure compliance
    27  with this chapter. The audit report and findings shall be
    28  confidential; however, the commission shall include the relevant
    29  portion of an audit as part of its findings of fact in a
    30  commission order which results from an investigation arising out
    20050H0700B4887                 - 15 -     

     1  of an audit.
     2     (h)  Investigation and hearings.--The commission, through its
     3  executive director, may initiate an investigation and hold a
     4  hearing concerning negligent conduct by a lobbyist or principal
     5  in accordance with sections 1107 and 1108 (relating to
     6  investigations by commission).
     7     (i)  Directory.--On or before May 1 of each odd-numbered
     8  year, the commission shall produce and distribute a directory of
     9  all registered lobbyists, including photographs. Copies of this
    10  directory shall be made available to the public at a price not
    11  to exceed the actual cost of production. All revenue received by
    12  the commission from the sales of this directory shall be
    13  deposited into the fund.
    14     (j)  Computer file.--The Legislative Data Processing
    15  Committee shall maintain updated registration statements,
    16  expense reports, termination notices and termination reports.
    17     (k)  Cost-of-living adjustment.--On a biennial basis
    18  commencing in January 2002, the commission shall review the
    19  threshold for reporting under section 1305(d) (relating to
    20  reporting) and the threshold for exemption under section
    21  1306(3)(ii) through (iv) (relating to exemption from
    22  registration and reporting) and may increase these amounts to
    23  rates deemed reasonable for assuring appropriate disclosure. The
    24  commission shall publish any such adjusted threshold amounts in
    25  the Pennsylvania Bulletin by June 1, 2002, and every two years
    26  thereafter as necessary.
    27  § 1309.  Penalties.
    28     (a)  Notice of noncompliance.--The commission shall issue a
    29  notice of noncompliance to any lobbyist, principal or individual
    30  that has failed to register or report as required by this
    20050H0700B4887                 - 16 -     

     1  chapter. The notice shall state the nature of the alleged
     2  noncompliance and the civil and criminal penalties for failure
     3  to register, failure to file or filing a report containing a
     4  false statement. The notice shall also advise of the right to a
     5  hearing before the commission and the time and manner in which
     6  to request a hearing.
     7     (b)  Hearing.--If a hearing is requested, the commission
     8  shall determine at the hearing whether the recipient of the
     9  notice is required to register or report under this chapter,
    10  whether the failure to register or report was negligent and, if
    11  the failure was negligent, the amount of the civil penalty to be
    12  imposed. If the commission finds that the failure to register or
    13  report was intentional, it shall refer the matter to the
    14  Attorney General for investigation and prosecution. Hearings
    15  under this subsection shall be conducted by the commission in
    16  accordance with sections 1107(14) (relating to powers and duties
    17  of commission) and 1108(e) (relating to investigations by
    18  commission).
    19     (c)  Negligent failure to register or report.--Negligent
    20  failure to register or report as required by this chapter is
    21  punishable by a civil penalty not exceeding $50 for each late
    22  day. After a hearing under subsection (b), in the case of
    23  negligent failure to register or report, the commission may,
    24  upon the majority vote of its members, levy a civil penalty as
    25  provided for in this subsection. The total amount of the civil
    26  penalty levied shall not be limited by any other provision of
    27  law. The commission shall have standing to apply to Commonwealth
    28  Court to seek enforcement of an order imposing a civil penalty
    29  under this section.
    30     (d)  Failure to comply after notice.--After notice of
    20050H0700B4887                 - 17 -     

     1  noncompliance and after a hearing, if one is requested, a
     2  lobbyist or principal who fails to comply with the requirements
     3  of this chapter may be prohibited from lobbying for up to five
     4  years. The prohibition shall be imposed as provided by
     5  subsection (e)(4).
     6     (e)  Intentional violations.--
     7         (1)  Any lobbyist, principal or individual that
     8     intentionally fails to register or report as required by this
     9     chapter commits a misdemeanor of the second degree.
    10         (2)  A registrant that files a report under this chapter
    11     with knowledge that the report contains a false statement
    12     commits a misdemeanor of the second degree.
    13         (3)  Except as set forth in paragraph (1) or (2), any
    14     lobbyist, principal or individual that intentionally violates
    15     this chapter commits a misdemeanor of the third degree.
    16         (4)  In addition to the criminal penalties imposed by
    17     this subsection, the commission may prohibit a lobbyist or
    18     principal from lobbying for up to five years for doing an act
    19     which constitutes an offense under this subsection. No
    20     criminal prosecution or conviction shall be required for the
    21     imposition of the prohibition authorized by this paragraph.
    22     The prohibition under this paragraph shall not be imposed
    23     unless the defendant has been afforded the opportunity for a
    24     hearing, which shall be conducted by the commission in
    25     accordance with sections 1107(14) and 1108(e).
    26  § 1310.  Filing fees; fund established; regulations.
    27     (a)  Filing fees.--A principal or lobbyist required to be
    28  registered under this chapter shall pay a biennial filing fee of
    29  $100 to the commission.
    30     (b)  Fund established.--All money received from filing fees
    20050H0700B4887                 - 18 -     

     1  under subsection (a) shall be deposited in a restricted receipts
     2  account to be known as the Lobbying Disclosure Fund. The money
     3  deposited in the fund is hereby appropriated to the commission
     4  as a continuing appropriation for the exclusive purpose of
     5  carrying out the provisions of this chapter.
     6     (c)  Regulations.--A committee comprised of the Secretary of
     7  the Senate, the Chief Clerk of the House of Representatives, the
     8  chairman of the State Ethics Commission, the Attorney General,
     9  the Secretary of the Commonwealth, the Auditor General and the
    10  General Counsel, or their designees, shall have continuing
    11  authority to promulgate regulations necessary to carry out this
    12  chapter. The chairman of the commission shall be designated as
    13  the chairman of the committee. The initial proposed regulations
    14  shall be submitted within 180 days of the effective date of this
    15  section to the Independent Regulatory Review Commission under
    16  section 5 of the act of June 25, 1982 (P.L.633, No.181), known
    17  as the Regulatory Review Act. Any meeting at which the committee
    18  plans to approve proposed regulations shall be held in
    19  accordance with Chapter 7 (relating to open meetings). The
    20  committee shall also prepare and publish a manual setting forth
    21  guidelines for accounting and reporting. The regulations and
    22  manual shall be drafted to accommodate the use of computerized
    23  recordkeeping, electronic filing of the reports provided for
    24  under this chapter and retention of registration statements and
    25  reports provided for under this chapter by electronic means. The
    26  Department of State shall provide sufficient staff and other
    27  administrative support to assist the committee.
    28  § 1311.  Severability.
    29     (a)  General rule.--Except as provided in subsection (b):
    30         (1)  The provisions of this chapter are severable.
    20050H0700B4887                 - 19 -     

     1         (2)  If any provision of this chapter or its application
     2     to any person or circumstance is held invalid, the invalidity
     3     shall not affect other provisions or applications of this
     4     chapter which can be given effect without the invalid
     5     provision or application.
     6     (b)  Practice of law.--If any provision of this chapter or
     7  its application to any person or circumstance is held invalid on
     8  the basis of improper regulation of the practice of law, the
     9  remaining provisions or applications of this chapter are void.]
    10     Section 2.  Title 65 is amended by adding a chapter to read:
    11                            CHAPTER 13-A
    12                        LOBBYING DISCLOSURE
    13  Sec.
    14  1301-A.  Short title of chapter.
    15  1302-A.  Statement of intent and jurisdiction.
    16  1303-A.  Definitions.
    17  1304-A.  Registration.
    18  1305-A.  Reporting.
    19  1306-A.  Exemption from registration and reporting.
    20  1307-A.  Prohibited activities.
    21  1308-A.  Administration and enforcement.
    22  1309-A.  Penalties.
    23  1310-A.  Filing fees; fund established; regulations.
    24  1311-A.  Grounds for impeachment.
    25  1312-A.  Use of public space.
    26  1313-A.  Severability.
    27  § 1301-A.  Short title of chapter.
    28     This chapter shall be known and may be cited as the Lobbying
    29  Disclosure Act.
    30  § 1302-A.  Statement of intent and jurisdiction.
    20050H0700B4887                 - 20 -     

     1     (a)  Intent.--The Constitution of Pennsylvania recognizes the
     2  principle that all free government is founded upon the authority
     3  of the people. It further provides that the power to make law in
     4  this Commonwealth is vested in the General Assembly and the
     5  power to enforce law is vested in the Executive Department. The
     6  ability of the people to exercise their fundamental authority
     7  and to have confidence in the integrity of the process by which
     8  laws are made and enforced in this Commonwealth demands that the
     9  identity and the scope of activity of those who attempt to
    10  influence the actions of the General Assembly and the Executive
    11  Department be publicly and regularly disclosed.
    12     (b)  Jurisdiction.--The authority to regulate persons
    13  employed to influence the actions of the General Assembly and
    14  the Executive Department lies within the jurisdiction of those
    15  branches of government. To ensure that the intent of this
    16  chapter is not evaded and that all such persons are regulated in
    17  a fair and equitable manner, lobbyists and the practice of
    18  lobbying shall be subject to this chapter, which shall prevail
    19  over any other regulation of professional activity when that
    20  activity constitutes lobbying. This chapter is not intended to
    21  govern professional activities which do not include lobbying and
    22  which are properly the subject of regulation by the judicial
    23  branch of government or by any government agency. Membership in
    24  a regulated profession shall not excuse a lobbyist from
    25  compliance with the provisions of this chapter.
    26  § 1303-A.  Definitions.
    27     The following words and phrases when used in this chapter
    28  shall have the meanings given to them in this section unless the
    29  context clearly indicates otherwise:
    30     "Administrative action."  Any of the following:
    20050H0700B4887                 - 21 -     

     1         (1)  An agency's:
     2             (i)  proposal, consideration, promulgation or
     3         rescission of a regulation;
     4             (ii)  development or modification of a statement of
     5         policy;
     6             (iii)  approval or rejection of a regulation;
     7             (iv)  procurement of supplies, services and
     8         construction under 62 Pa.C.S. (relating to procurement),
     9         except for any emergency procurement made under 62
    10         Pa.C.S. § 516 (relating to emergency procurement).
    11         (2)  The review, revision, approval or disapproval of a
    12     regulation under the act of June 25, 1982 (P.L.633, No.181),
    13     known as the Regulatory Review Act.
    14         (3)  The Governor's approval or veto of legislation.
    15         (4)  The nomination or appointment of an individual as an
    16     officer or employee of the Commonwealth.
    17         (5)  The proposal, consideration, promulgation or
    18     rescission of an executive order.
    19     "Affiliated political action committee."  A political action
    20  committee as defined in section 1621(l) of the act of June 3,
    21  1937 (P.L.1333, No.320), known as the Pennsylvania Election
    22  Code, which has a chairman, a treasurer or another officer who
    23  is a principal, an employee of a principal, a lobbyist or an
    24  employee of a lobbyist, provided if an employee of a registrant
    25  serves as the officer of a political action committee in what is
    26  clearly a personal capacity and the goals and mission of that
    27  political action committee clearly have no relationship to the
    28  goals and mission of the registrant, such political action
    29  committee shall not be considered an affiliated political action
    30  committee for the purposes of this definition.
    20050H0700B4887                 - 22 -     

     1     "Agency."  A State agency, board, commission, authority or
     2  department.
     3     "Attorney at law."  A person admitted to practice law in this
     4  Commonwealth.
     5     "Board."  The Disciplinary Board of the Supreme Court of
     6  Pennsylvania.
     7     "Commission."  The State Ethics Commission.
     8     "Compensation."  Anything of value, including benefits,
     9  received or to be received from a principal by one acting as a
    10  lobbyist.
    11     "Department."  The Department of State of the Commonwealth.
    12     "Direct influence."  Any effort to lobby or communicate to a
    13  State official or State employee, which is intended to affect
    14  legislative or administrative action.
    15     "Direct influence expense."  Any expenditure for direct
    16  influence, including any expenditure for research, monitoring,
    17  technical, clerical or administrative services provided by a
    18  lobbyist, lobbying firm or the staff of a lobbyist or lobbying
    19  firm, in support of direct influence. The term does not include
    20  any office expenses.
    21     "Economic consideration."  Anything of value offered or
    22  received.
    23     "Fund."  The Lobbying Disclosure Fund established in section
    24  1310-A(b) (relating to filing fees; fund established;
    25  regulations).
    26     "Gift."  Anything which is given or received without
    27  consideration of equal or greater value.
    28     "Hospitality."  Includes all of the following:
    29         (1)  Meals.
    30         (2)  Beverages.
    20050H0700B4887                 - 23 -     

     1         (3)  Recreation and entertainment.
     2     "Immediate family."  An individual's spouse, an individual's
     3  child and an individual's parent, brother, sister or like
     4  relative-in-law.
     5     "Indirect influence."  Any effort to encourage others,
     6  including the general public, to communicate to a State official
     7  or employee to affect legislative or administrative action. The
     8  term includes activities such as letter-writing campaigns,
     9  mailings, telephone banks, print and electronic media
    10  advertising, billboards, publications and educational campaigns.
    11  The term does not include regularly published periodic
    12  newsletters primarily designed for and distributed to members of
    13  a bona fide association or charitable or fraternal nonprofit
    14  corporation.
    15     "Indirect influence expense."  Any expenditure for indirect
    16  influence, including any expenditure for research, monitoring,
    17  technical, clerical or administrative services provided by a
    18  lobbyist or lobbying firm, or the staff of a lobbyist or
    19  lobbying firm, in support of indirect influence. The term does
    20  not include any office expenses.
    21     "Legislation."  Bills, resolutions, amendments and
    22  nominations pending or proposed in either the Senate or the
    23  House of Representatives. The term includes any other matter
    24  which may become the subject of action by either chamber of the
    25  General Assembly.
    26     "Legislative action."  An action taken by a State official or
    27  employee involving the preparation, research, drafting,
    28  introduction, consideration, modification, amendment, approval,
    29  passage, enactment, tabling, postponement, defeat or rejection
    30  of legislation; legislative motions; overriding or sustaining a
    20050H0700B4887                 - 24 -     

     1  veto by the Governor; or confirmation of appointments by the
     2  Governor or of appointments to public boards or commissions by a
     3  member of the General Assembly.
     4     "Lobbying."  An effort to influence legislative action or
     5  administrative action. The term includes:
     6         (1)  Communicating in writing, orally, electronically or
     7     by any other medium to a State official or employee for the
     8     purpose of influencing legislative or administrative action.
     9         (2)  Providing any gift, hospitality, transportation or
    10     lodging to a State official or employee for the purpose of
    11     advancing the interest of the lobbyist or principal.
    12     "Lobbying firm."  A business entity that engages in lobbying
    13  for economic consideration on behalf of a principal, or
    14  principals, other than the business entity itself.
    15     "Lobbyist."  Any individual, firm, association, corporation,
    16  partnership, business trust or other business entity that
    17  engages in lobbying on behalf of a principal for economic
    18  consideration.
    19     "Office expense."  Any expenditure for offices, equipment or
    20  supplies other than personnel expenses.
    21     "Personnel expense."  Any expenditure for salaries or other
    22  forms of compensation, benefits, vehicle allowances, bonuses and
    23  reimbursable expenses.
    24     "Principal."  Any individual, firm, association, corporation,
    25  partnership, business trust or other business entity:
    26         (1)  on whose behalf a lobbyist influences or attempts to
    27     influence an administrative action or a legislative action;
    28     or
    29         (2)  that engages in lobbying on the principal's own
    30     behalf.
    20050H0700B4887                 - 25 -     

     1     "Registrant."  A registered lobbyist, lobbying firm or a
     2  registered principal.
     3     "Regulation."  Any rule, regulation, statement of policy or
     4  order in the nature of a rule or regulation, including formal
     5  and informal opinions of the Attorney General, of general
     6  application and future effect, promulgated by an agency under
     7  statutory authority in the administration of a statute
     8  administered by or relating to the agency, or prescribing the
     9  practice or procedure before the agency.
    10     "Reporting period."  Any of the following periods:
    11         (1)  January 1 through March 31.
    12         (2)  April 1 through June 30.
    13         (3)  July 1 through September 30.
    14         (4)  October 1 through December 31.
    15     "State official or employee."  An individual elected or
    16  appointed to a position in State government or employed by State
    17  government, whether compensated or uncompensated, who is
    18  involved in legislative action or administrative action.
    19     "Vendor."  A person that, for economic consideration, sells
    20  or provides a service or supply or engages in construction. The
    21  term does not include an attorney at law, a lobbyist or lobbying
    22  firm.
    23  § 1304-A.  Registration.
    24     (a)  General rule.--Unless excluded under section 1306-A
    25  (relating to exemption from registration and reporting), a
    26  lobbyist, principal or lobbying firm must register with the
    27  department biennially. Each biennial registration cycle shall
    28  begin on January 1 of each odd-numbered year and shall conclude
    29  on December 31 of the immediately following even numbered year.
    30  The following shall apply:
    20050H0700B4887                 - 26 -     

     1         (1)  A lobbyist or lobbying firm must register within ten
     2     days of:
     3             (i)  receiving compensation for lobbying from all
     4         principals represented in excess of $2,500 in the
     5         aggregate during any reporting period; or
     6             (ii)  engaging in lobbying on behalf of his employer
     7         where lobbying activity accounts for over $2,500 of the
     8         employee's time during any reporting period based on an
     9         hourly proration of the employee's compensation.
    10         (2)  A principal must register within ten days of
    11     expending in excess of $2,500 for lobbying purposes during
    12     any reporting period.
    13     (b)  Registration requirements for principals and lobbying
    14  firms.--
    15         (1)  A principal or lobbying firm required to register
    16     under subsection (a) shall file the following information
    17     with the department:
    18             (i)  Name.
    19             (ii)  Permanent address.
    20             (iii)  Daytime telephone number.
    21             (iv)  Name and nature of business.
    22             (v)  Name, registration number and acronyms of all
    23         affiliated political action committees.
    24             (vi)  Name, permanent business address and daytime
    25         telephone number of each individual or entity who will
    26         for economic consideration engage in lobbying on the
    27         principal's or lobbying firm's behalf.
    28             (vii)  A principal shall disclose in its filing the
    29         name, registration number and acronyms of all candidate
    30         political committees for which the principal serves as a
    20050H0700B4887                 - 27 -     

     1         treasurer or other officer.
     2             (viii)  A lobbying firm shall disclose in its filing
     3         the name, permanent business address and telephone number
     4         of each principal represented.
     5         (2)  If an organization or association is a principal,
     6     the number of dues-paying members in the past calendar year
     7     shall also be disclosed.
     8     (c)  Registration requirements for individuals who are
     9  lobbyists.--
    10         (1)  A lobbyist who is required to register under
    11     subsection (a) shall file the following information with the
    12     department:
    13             (i)  Name.
    14             (ii)  Permanent business address.
    15             (iii)  Daytime telephone number.
    16             (iv)  A recent photograph of the lobbyist.
    17             (v)  Name, permanent business address and daytime
    18         telephone number of each principal the lobbyist
    19         represents.
    20             (vi)  Name of any lobbying firm with which the
    21         lobbyist has a relationship involving economic
    22         consideration.
    23             (vii)  Name, registration number and acronyms of all
    24         affiliated political action committees.
    25             (viii)  Name, registration number and acronyms of all
    26         candidate political committees of which the lobbyist is
    27         an officer, who must be included in a registration
    28         statement under section 1624(b)(2) and (3) of the act of
    29         June 3, 1937 (P.L.1333, No.320), known as the
    30         Pennsylvania Election Code.
    20050H0700B4887                 - 28 -     

     1         (2)  Each lobbyist shall file a single registration
     2     identifying all principals he or she represents.
     3     (d)  Amendments.--
     4         (1)  When there is a change in the information required
     5     for registration under subsection (b)(1) or (c)(1), an
     6     amended registration shall be filed with the department
     7     within 14 days after the change occurs.
     8         (2)  When there is a change in information required for
     9     registration under subsection (b)(2), an amended registration
    10     shall be filed with the department within 14 days of the end
    11     of the year in which the change occurs.
    12     (e)  Termination.--A lobbyist, a principal or a lobbying firm
    13  may terminate registration by filing a notice with the
    14  department. No later than 15 days after receipt of the notice,
    15  the department shall issue a letter stating that the registrant
    16  has terminated registration. The filing of a notice shall not
    17  affect the commission's authority to conduct investigations and
    18  hearings pursuant to section 1308-A(h) (relating to
    19  administration and enforcement). No lobbying may occur after the
    20  filing of a notice unless the lobbying is pursuant to a separate
    21  registration which is filed with the department and which, at
    22  the time of the lobbying, has not been terminated.
    23  § 1305-A.  Reporting.
    24     (a)  General rule.--A registered principal shall, under oath
    25  or affirmation, file quarterly expense reports with the
    26  department no later than 30 days after the last day of the
    27  quarter.
    28     (b)  Content.--The following shall apply:
    29         (1)  Each expense report must include the general subject
    30     matter or issues being lobbied.
    20050H0700B4887                 - 29 -     

     1         (2)  Each expense report must contain the following
     2     categories:
     3             (i)  The total costs for direct influence expenses.
     4             (ii)  The total costs for indirect influence
     5         expenses.
     6             (iii)  The total costs for gifts, hospitality,
     7         transportation, lodging and receptions given to or
     8         provided to State officials or employees or their
     9         immediate families.
    10         (3)  In addition to reporting the totals required under
    11     this subsection, the expense report must identify, by name,
    12     position and each occurrence, a State official or employee
    13     who receives from a principal or lobbyist anything of value
    14     which must be reported on the statement required by Ch. 11
    15     (relating to ethics standards and financial disclosure) under
    16     section 1105(b)(6) or (7) (relating to statement of financial
    17     interests) as adjusted by section 1105(d). This paragraph
    18     shall not apply to anything of value received from immediate
    19     family when the circumstances make it clear that motivation
    20     for the action was a personal or family relationship.
    21             (i)  For purposes of this chapter, the amount
    22         referred to in section 1105(b)(7) shall not include the
    23         cost of any reception, which the State official or
    24         employee attends in connection with public office or
    25         employment.
    26             (ii)  Written notice must be given to each public
    27         official or employee identified in an expense report
    28         under this paragraph within five days of the report's
    29         submission to the department. Notice under this
    30         subparagraph shall include information upon which a
    20050H0700B4887                 - 30 -     

     1         public official or employee may rely in complying with
     2         section 1105(b)(6) and (7). For purposes of this chapter
     3         and Chapter 11 (relating to ethics standards and
     4         financial disclosure), section 1105(b)(6) and (7) shall
     5         constitute mutually exclusive categories.
     6             (iii)  Regulations shall be promulgated under section
     7         1310-A(d) (relating to filing fees; fund established;
     8         regulations) to define mutually exclusive categories
     9         under section 1105(b)(6) and (7) and to determine whether
    10         a thing of value is subject to disclosure under section
    11         1105(b)(6) or (7).
    12         (4)  The expense report shall also include the name,
    13     permanent business address and daytime telephone number of
    14     any individual, firm, association, corporation, partnership,
    15     business trust or other business entity which contributed
    16     more than 10% of the total resources received by the
    17     principal during the reporting period.
    18         (5)  A lobbying firm or a lobbyist not associated with a
    19     lobbying firm shall submit a report if during the reporting
    20     period the lobbyist or lobbying firm engaged in lobbying
    21     which was not contained in any report filed by a principal or
    22     principals represented.
    23         (6)  A registered principal that attempts, or that
    24     retains a lobbyist or lobbying firm to attempt, to influence
    25     an agency's preparing, bidding, entering into or approving a
    26     contract shall ensure that the related expenses are included
    27     under paragraph (2).
    28         (7)  A lobbying firm or a lobbyist not associated with a
    29     lobbying firm shall submit a report if the lobbyist or
    30     lobbying firm engaged in lobbying for economic consideration
    20050H0700B4887                 - 31 -     

     1     on behalf of any entity that is exempt under section 1306-
     2     A(6), (7), (8) and (9) (relating to exemption from
     3     registration and reporting).
     4         (8)  For each category enumerated in paragraph (2)(i),
     5     (ii) and (iii) and for each State official or employee
     6     identified under paragraph (3), the report shall include both
     7     the amount incurred during the quarter and the cumulative
     8     amount incurred from January 1 through the end of the
     9     applicable quarter.
    10     (c)  Records retention.--A registrant shall retain all
    11  documents reasonably necessary to substantiate a report to be
    12  made under this section for four years from the date of filing
    13  the report. Upon request by the Office of Attorney General, the
    14  board, the department or the commission, these materials shall
    15  be made available for inspection within a reasonable period of
    16  time.
    17     (d)  Thresholds for quarterly reporting.--A registered
    18  principal shall file an expense report when the principal's
    19  aggregate expenses for lobbying or gifts exceed $2,500 in a
    20  reporting period. In a reporting period in which total expenses
    21  are $2,500 or less, the principal shall file a statement to that
    22  effect.
    23     (e)  Communication.--Whenever any person makes an expenditure
    24  for indirect influence under this chapter, for the purpose of
    25  disseminating or initiating communication such as a mailing,
    26  telephone bank, print or electronic media advertisement,
    27  billboard, publication or educational campaign, the
    28  communication shall clearly and conspicuously state the name of
    29  the person who made or financed the expenditure for the
    30  communication.
    20050H0700B4887                 - 32 -     

     1  § 1306-A.  Exemption from registration and reporting.
     2     The following activities and individuals shall be exempt from
     3  registration under section 1304-A (relating to registration) and
     4  reporting under section 1305-A (relating to reporting):
     5         (1)  Preparing testimony and testifying before a
     6     committee, commission or board of the legislative or
     7     executive branch.
     8         (2)  Serving on a working group, task force or advisory
     9     board at the request of an agency or the General Assembly.
    10         (3)  Participating as a party or as an attorney at law or
    11     representative of a party, case or controversy in any
    12     administrative adjudication pursuant to 2 Pa.C.S. (relating
    13     to administrative law and procedure).
    14         (4)  An individual who is an employee of an entity
    15     engaged in the business of publishing, broadcasting or
    16     televising while engaged in the gathering and dissemination
    17     of news and comment to the general public in the ordinary
    18     course of business.
    19         (5)  An individual who does not receive economic
    20     consideration or gifts, other than traveling expenses, for
    21     lobbying.
    22         (6)  An elected State officer acting in an official
    23     capacity.
    24         (7)  A State executive officer appointed by the Governor
    25     acting in an official capacity.
    26         (8)  An elected or appointed official or employee of a
    27     political subdivision acting in an official capacity.
    28         (9)  An employee of the Commonwealth or independent
    29     agency of the Commonwealth acting in an official capacity.
    30         (10)  An individual who appears on behalf of any
    20050H0700B4887                 - 33 -     

     1     religious organization with respect to subjects of
     2     legislation or regulation that directly relate to the
     3     religious beliefs and practices of that organization and who
     4     does not otherwise act as a lobbyist.
     5         (11)  Expenditures and other transactions subject to
     6     reporting under Article XVI of the act of June 3, 1937
     7     (P.L.1333, No.320), known as the Pennsylvania Election Code.
     8         (12)  Any vendor whose primary occupation is services,
     9     supplies or construction. Any lobbyist or lobbying firm
    10     employed by such a vendor shall not be exempt from
    11     registration under section 1304-A and reporting under section
    12     1305-A.
    13  § 1307-A.  Prohibited activities.
    14     (a)  Contingent compensation.--
    15         (1)  No one may compensate or incur an obligation to
    16     compensate any lobbyist or lobbying firm, principal or
    17     individual to engage in lobbying for compensation contingent
    18     in whole or in part upon any of the following:
    19             (i)  Occurrence, nonoccurance or amendment of
    20         legislative action.
    21             (ii)  Occurrence, nonoccurrence or amendment of an
    22         administrative action other than procurement described in
    23         paragraph (1)(iv) of the definition of "administrative
    24         action" under section 1303-A.
    25         (2)  No lobbyist, principal, lobbying firm or individual
    26     may engage in or agree to engage in lobbying for compensation
    27     contingent in whole or in part upon any of the following:
    28             (i)  Occurence, nonoccurence or amendment of
    29         legislative action.
    30             (ii)  Occurrence, nonoccurrence or amendment of an
    20050H0700B4887                 - 34 -     

     1         administrative action other than procurement described in
     2         paragraph (1)(iv) of the definition of "administrative
     3         action" under section 1303-A.
     4     (b)  Falsification.--No lobbyist, lobbying firm, principal or
     5  individual may, for the purpose of influencing legislative
     6  action or administrative action, transmit, utter or publish to
     7  any State official or employee any communication, knowing that
     8  such communication or any signature on the communication is
     9  false, forged, counterfeit or fictitious.
    10  § 1308-A.  Administration and enforcement.
    11     (a)  Criminal enforcement.--If the department or the
    12  commission believes an intentional violation of this chapter has
    13  been committed, it shall refer all relevant documents and other
    14  information to the Office of Attorney General.
    15     (b)  Attorney General.--In addition to the authority
    16  conferred upon the Attorney General under the act of October 15,
    17  1980 (P.L.950, No.164), known as the Commonwealth Attorneys Act,
    18  the Attorney General has the authority to investigate and
    19  prosecute a violation of this chapter.
    20     (c)  Advice and opinions.--The commission shall provide
    21  advice and opinions in accordance with procedures set forth in
    22  section 1107 (relating to powers and duties of commission) to
    23  the department, a lobbyist, lobbying firm or principal or State
    24  official or employee who has a question regarding compliance
    25  with this chapter. A principal, a lobbyist, a lobbying firm or
    26  an individual who acts in good faith based on the written advice
    27  or opinion of the commission shall not be held liable for a
    28  violation of this chapter.
    29     (d)  Public inspection and copying.--The department shall
    30  make completed registrations, expense reports and termination
    20050H0700B4887                 - 35 -     

     1  notices which have been filed with the department available for
     2  public inspection and provide copies of these documents at a
     3  price which shall not exceed the actual cost of copying.
     4  Documents that are maintained and reproducible in an electronic
     5  format shall be provided in that format upon request.
     6     (e)  Annual reporting.--The department shall prepare and
     7  publish an annual report on lobbying activities in this
     8  Commonwealth. The department shall at least annually publish a
     9  listing of all registrants and shall identify affiliated
    10  political action committees.
    11     (f)  Retention of records.--Completed registrations, expense
    12  reports, termination notices and termination letters filed or
    13  issued pursuant to section 1304-A (relating to registration)
    14  shall remain on file with the department for a four-year period.
    15     (g)  Audits.--The following shall apply:
    16         (1)  Every two years, the Secretary of the Commonwealth
    17     shall contract for the services of a certified public
    18     accountant or certified public accounting firm. The contract
    19     shall be awarded in a manner consistent with the provisions
    20     of 62 Pa.C.S. Pt. I (relating to Commonwealth Procurement
    21     Code) and no certified public accountant or certified public
    22     accounting firm shall be eligible to obtain such a contract
    23     for two successive contract periods.
    24         (2)  The Secretary of the Commonwealth shall randomly
    25     select, at a public drawing 60 days following the close of
    26     each fourth quarter reporting period, 3% of all registrations
    27     and expense reports filed with the department under this
    28     chapter.
    29         (3)  The certified public accountant shall conduct the
    30     audits in accordance with generally accepted auditing
    20050H0700B4887                 - 36 -     

     1     standards and shall test as to whether each registration or
     2     expense report is materially correct.
     3         (4)  The audit report and findings shall be confidential,
     4     except that the department shall make an audit report and
     5     findings available to the commission when the commission is
     6     investigating an alleged violation of this chapter involving
     7     the audited registration or expense report. The commission
     8     shall include the relevant portion of an audit as part of its
     9     findings of fact in a commission order which results from an
    10     investigation arising out of an audit.
    11     (h)  Investigation and hearings.--The commission, through its
    12  executive director, may initiate an investigation and hold a
    13  hearing concerning an alleged violation of this chapter in
    14  accordance with sections 1107 and 1108 (relating to
    15  investigations by commission).
    16     (i)  Disciplinary board.--If the subject of any complaint
    17  filed with or investigation initiated by the commission under
    18  this chapter is an attorney at law, the commission shall refer
    19  the alleged violation to the board to be investigated,
    20  considered and resolved in a manner consistent with the
    21  Pennsylvania Rules of Professional Conduct. If a court of
    22  competent jurisdiction determines that a complaint filed with or
    23  investigation initiated by the commission under this chapter,
    24  which involves an attorney at law, is under the jurisdiction of
    25  the board, the matter shall be referred by the court to the
    26  board to be investigated, considered and resolved in a manner
    27  consistent with the Pennsylvania Rules of Professional Conduct.
    28     (j)  Directory.--On or before May 1 of each odd-numbered
    29  year, the department shall produce and distribute a directory of
    30  all registered lobbyists and registered lobbying firms retained
    20050H0700B4887                 - 37 -     

     1  by registered principals. The directory shall include
     2  photographs of each registered lobbyist. Copies of the directory
     3  shall be made available to the public at a price not to exceed
     4  the actual cost of production. All revenue received by the
     5  department from the sales of the directory shall be deposited
     6  into the fund.
     7     (k)  Computer file.--The department shall provide the
     8  Legislative Data Processing Committee with all data relating to
     9  registrations, expense reports and termination notices. The
    10  committee shall make all such information available on a
    11  publicly accessible Internet website in a fully searchable
    12  format.
    13     (l)  Inflation adjustment.--On a biennial basis commencing in
    14  January 2009, the department shall review the threshold for
    15  registration under section 1304-A (relating to registration),
    16  and the threshold for reporting under section 1305-A(c)
    17  (relating to reporting) and may increase these amounts to rates
    18  deemed reasonable for assuring appropriate disclosure. On a
    19  biennial basis commencing in January 2009, the department shall
    20  review the filing fee established under section 1310-A (relating
    21  to filing fees; fund established; regulations) and may adjust
    22  this amount if the department determines that a higher fee is
    23  needed to cover the costs of carrying out the provisions of this
    24  chapter. The department shall publish any such adjusted amounts
    25  in the Pennsylvania Bulletin by June 1, 2009, and by June 1
    26  every two years thereafter as necessary.
    27  § 1309-A.  Penalties.
    28     (a)  Notice of possible noncompliance.--
    29         (1)  The commission shall issue a notice of possible
    30     noncompliance to any lobbyist, principal, lobbying firm or
    20050H0700B4887                 - 38 -     

     1     individual that has failed to register or report as required
     2     by this chapter. The notice shall state the nature of the
     3     alleged noncompliance and the civil and criminal penalties
     4     for failure to register, failure to file or filing a report
     5     containing a false statement. The notice shall also advise of
     6     the right to a hearing before the commission and the time and
     7     manner in which to request a hearing.
     8         (2)  If a hearing is requested, the commission shall
     9     determine at the hearing whether the recipient of the notice
    10     is required to register or report under this chapter, whether
    11     the failure to register or report was negligent and, if the
    12     failure was negligent, the amount of the civil penalty to be
    13     imposed. If the commission finds that the failure to register
    14     or report was intentional, it shall refer the matter to the
    15     Attorney General for investigation and prosecution. Hearings
    16     under this subsection shall be conducted by the commission in
    17     accordance with sections 1107 (relating to powers and duties
    18     of commission) and 1108 (relating to investigations by
    19     commission).
    20         (3)  Negligent failure to register or report as required
    21     by this chapter is punishable by a civil penalty of not more
    22     than $50 for each late day. In the case of negligent failure
    23     to register or report, the commission may, upon the majority
    24     vote of its members, levy a civil penalty as provided for in
    25     this subsection. The total amount of the civil penalty levied
    26     shall not be limited by any other provision of law. The
    27     commission shall have standing to apply to Commonwealth Court
    28     to seek enforcement of an order imposing a civil penalty
    29     under this section.
    30     (b)  Intentional violations of this chapter.--
    20050H0700B4887                 - 39 -     

     1         (1)  Any lobbyist, lobbying firm, principal or individual
     2     that intentionally fails to register or report as required by
     3     this chapter commits a misdemeanor of the second degree.
     4         (2)  A registrant that files a report under this chapter
     5     with knowledge that the report contains a false statement
     6     commits a misdemeanor of the second degree.
     7         (3)  Any lobbyist, lobbying firm or principal or
     8     individual that intentionally violates a provision of this
     9     chapter other than paragraph (1) or (2) commits a misdemeanor
    10     of the third degree.
    11         (4)  In addition to the penalties imposed pursuant to
    12     this subsection, the commission may:
    13             (i)  Prohibit a lobbyist or lobbying firm from
    14         lobbying for economic consideration for a period of up to
    15         five years for committing an act which constitutes an
    16         offense under this subsection.
    17             (ii)  Subject a principal to a civil fine of not more
    18         than $50,000.
    19     (c)  Publishing of names.--The names of those found in
    20  violation of this chapter shall be published in the Pennsylvania
    21  Bulletin.
    22     (d)  Affirmative defense.--Reliance on advisory opinions of
    23  the commission, any notice given under section 1305-A(b)(3)(ii)
    24  or failure to receive notice under section 1305-A(b)(3)(ii)
    25  shall be a defense to an action brought under Chapter 11
    26  (relating to ethics standards and financial disclosure) or this
    27  chapter.
    28  § 1310-A.  Filing fees; fund established; regulations.
    29     (a)  Filing fees.--Each principal, lobbyist, lobbying firm or
    30  individual required to be registered under this chapter shall
    20050H0700B4887                 - 40 -     

     1  pay a biennial registration fee of $100 to the department.
     2     (b)  Fund established.--All money received from filing fees
     3  under subsection (a) shall be deposited in a restricted receipts
     4  account to be known as the Lobbying Disclosure Fund. The money
     5  deposited in the fund is hereby appropriated to the department
     6  as a continuing appropriation for the exclusive purpose of
     7  carrying out the provisions of this chapter. Any moneys
     8  remaining in the fund established pursuant to the former section
     9  1310(b) (relating to filing fees; fund established; regulations)
    10  shall be transferred to the Lobbying Disclosure Fund.
    11     (c)  Computerized filing system.--The department shall
    12  implement a fully accessible system to accommodate the use of
    13  computerized filing. Each registrant shall elect on an annual
    14  basis whether the registrant will file all of the documents
    15  required by this act either electronically or on paper with the
    16  department.
    17     (d)  Regulations.--A committee comprised of the chairman of
    18  the State Ethics Commission, the Attorney General, the General
    19  Counsel to the Governor, a member of the Senate appointed by the
    20  President pro tempore of the Senate, a member of the Senate
    21  appointed by the Minority Leader of the Senate, a member of the
    22  House of Representatives appointed by the Speaker of the House
    23  of Representatives and a member of the House of Representatives
    24  appointed by the Minority Leader of the House of
    25  Representatives, or their designees, shall have continuing
    26  authority to promulgate regulations necessary to carry out the
    27  provisions of this chapter. The chairman of the commission shall
    28  be designated as the chairman of the committee. The initial
    29  proposed regulations shall be submitted within 180 days of the
    30  effective date of this section to the Independent Regulatory
    20050H0700B4887                 - 41 -     

     1  Review Commission under section 5 of the act of June 25, 1982
     2  (P.L.633, No.181), known as the Regulatory Review Act. Any
     3  meeting at which the committee plans to approve proposed
     4  regulations shall be held in accordance with Chapter 7 (relating
     5  to open meetings). The committee shall also prepare and publish
     6  a manual setting forth guidelines for accounting and reporting.
     7  The regulations and manual shall be drafted to accommodate the
     8  use of computerized recordkeeping, electronic filing of the
     9  reports provided for under this chapter and retention of
    10  registrations and expense reports provided for under this
    11  chapter by electronic means. The Department of State shall
    12  provide sufficient staff and other administrative support to
    13  assist the committee. Any vacancy occurring among the appointed
    14  members of the committee shall be filled in the same manner as
    15  the original appointment. Any committee member who is a member
    16  of the General Assembly shall serve for a term that is
    17  coincident with his or her term of office.
    18  § 1311-A.  Severability.
    19     The provisions of this chapter are severable. If any
    20  provision of this chapter or its application to any person or
    21  circumstance is held invalid, the invalidity shall not affect
    22  other provisions or applications of this chapter which can be
    23  given effect without the invalid provision or application.
    24     Section 3.  The Secretary of the Commonwealth shall transmit
    25  to the Legislative Reference Bureau, for publication in the
    26  Pennsylvania Bulletin, notice of full implementation of the
    27  computerized filing system required under section 1310-A(c)
    28  (relating to registration fees; fund established; system;
    29  regulations).
    30     Section 4.  Any funds remaining in the restricted receipts
    20050H0700B4887                 - 42 -     

     1  account created under 65 Pa.C.S. § 1310(b) may be utilized by
     2  the Department of State to implement the provisions of 65
     3  Pa.C.S. Ch. XVIII-A.
     4     Section 5.  This act shall take effect as follows:
     5         (1)  The following provisions shall take effect
     6     immediately:
     7             (i)  Section 1310-A(d).
     8             (ii)  This section.
     9         (2)  The remainder of this act shall take effect on the
    10     latter of either of the following:
    11             (i)  Publication of the notice required under section
    12         3.
    13             (ii)  The effective date of the regulations
    14         promulgated under section 1310-A(d).
    15     SECTION 1.  SECTION 1102 OF TITLE 65 OF THE PENNSYLVANIA       <--
    16  CONSOLIDATED STATUTES IS AMENDED BY ADDING DEFINITIONS TO READ:
    17  § 1102.  DEFINITIONS.
    18     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
    19  SHALL HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
    20  MEANINGS GIVEN TO THEM IN THIS SECTION:
    21     * * *
    22     "GIFT."  [ANYTHING WHICH IS RECEIVED WITHOUT CONSIDERATION OF
    23  EQUAL OR GREATER VALUE. THE TERM SHALL NOT INCLUDE A POLITICAL
    24  CONTRIBUTION OTHERWISE REPORTED AS REQUIRED BY LAW OR A
    25  COMMERCIALLY REASONABLE LOAN MADE IN THE ORDINARY COURSE OF
    26  BUSINESS.] AS DEFINED IN SECTION 1303-A (RELATING TO
    27  DEFINITIONS).
    28     * * *
    29     "HOSPITALITY."  AS DEFINED IN SECTION 1303-A (RELATING TO
    30  DEFINITIONS).
    20050H0700B4887                 - 43 -     

     1     * * *
     2     SECTION 1.1.  SECTION 1105(B)(7) OF TITLE 65 IS AMENDED TO
     3  READ:
     4  § 1105.  STATEMENT OF FINANCIAL INTERESTS.
     5     * * *
     6     (B)  REQUIRED INFORMATION.--THE STATEMENT SHALL INCLUDE THE
     7  FOLLOWING INFORMATION FOR THE PRIOR CALENDAR YEAR WITH REGARD TO
     8  THE PERSON REQUIRED TO FILE THE STATEMENT:
     9         * * *
    10         (7)  THE NAME AND ADDRESS OF THE SOURCE AND THE AMOUNT OF
    11     ANY PAYMENT FOR OR REIMBURSEMENT OF ACTUAL EXPENSES FOR
    12     TRANSPORTATION AND LODGING OR HOSPITALITY RECEIVED IN
    13     CONNECTION WITH PUBLIC OFFICE OR EMPLOYMENT WHERE SUCH ACTUAL
    14     EXPENSES FOR TRANSPORTATION AND LODGING OR HOSPITALITY EXCEED
    15     $650 IN [THE COURSE OF A SINGLE OCCURRENCE] AN AGGREGATE
    16     AMOUNT PER YEAR. THIS PARAGRAPH SHALL NOT APPLY TO EXPENSES
    17     REIMBURSED BY A GOVERNMENTAL BODY OR TO EXPENSES REIMBURSED
    18     BY AN ORGANIZATION OR ASSOCIATION OF PUBLIC OFFICIALS OR
    19     EMPLOYEES OF POLITICAL SUBDIVISIONS WHICH THE PUBLIC OFFICIAL
    20     OR EMPLOYEE SERVES IN AN OFFICIAL CAPACITY.
    21         * * *
    22     SECTION 2.  CHAPTER 13 HEADING AND SECTIONS 1301, 1302, 1303,
    23  1304, 1305, 1306, 1307, 1308, 1309, 1310 AND 1311 OF TITLE 65
    24  ARE AMENDED TO READ:
    25                            [CHAPTER 13
    26                  LOBBY REGULATION AND DISCLOSURE
    27  § 1301.  SHORT TITLE OF CHAPTER.
    28     THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE LOBBYING
    29  DISCLOSURE ACT.
    30  § 1302.  STATEMENT OF INTENT AND JURISDICTION.
    20050H0700B4887                 - 44 -     

     1     (A)  INTENT.--THE CONSTITUTION OF PENNSYLVANIA RECOGNIZES THE
     2  PRINCIPLE THAT ALL FREE GOVERNMENT IS FOUNDED UPON THE AUTHORITY
     3  OF THE PEOPLE. IT FURTHER PROVIDES THAT THE POWER TO MAKE LAW IN
     4  THIS COMMONWEALTH IS VESTED IN THE GENERAL ASSEMBLY AND THE
     5  POWER TO ENFORCE LAW IS VESTED IN THE EXECUTIVE DEPARTMENT. THE
     6  ABILITY OF THE PEOPLE TO EXERCISE THEIR FUNDAMENTAL AUTHORITY
     7  AND TO HAVE CONFIDENCE IN THE INTEGRITY OF THE PROCESS BY WHICH
     8  LAWS ARE MADE AND ENFORCED IN THIS COMMONWEALTH DEMANDS THAT THE
     9  IDENTITY AND THE SCOPE OF ACTIVITY OF THOSE EMPLOYED TO
    10  INFLUENCE THE ACTIONS OF THE GENERAL ASSEMBLY AND THE EXECUTIVE
    11  DEPARTMENT BE PUBLICLY AND REGULARLY DISCLOSED.
    12     (B)  JURISDICTION.--THE AUTHORITY TO REGULATE PERSONS
    13  EMPLOYED TO INFLUENCE THE ACTIONS OF THE GENERAL ASSEMBLY AND
    14  THE EXECUTIVE DEPARTMENT LIES WITHIN THE JURISDICTION OF THOSE
    15  BRANCHES OF GOVERNMENT. TO INSURE THAT THE INTENT OF THIS
    16  CHAPTER IS NOT EVADED AND THAT ALL SUCH PERSONS ARE REGULATED IN
    17  A FAIR AND EQUITABLE MANNER, LOBBYISTS AND THE PRACTICE OF
    18  LOBBYING SHALL BE SUBJECT TO THIS CHAPTER, WHICH SHALL PREVAIL
    19  OVER ANY OTHER REGULATION OF PROFESSIONAL ACTIVITY WHEN THAT
    20  ACTIVITY CONSTITUTES LOBBYING. THIS CHAPTER IS NOT INTENDED TO
    21  GOVERN PROFESSIONAL ACTIVITIES WHICH DO NOT INCLUDE LOBBYING AND
    22  WHICH ARE PROPERLY THE SUBJECT OF REGULATION BY THE JUDICIAL
    23  BRANCH OF GOVERNMENT OR BY ANY GOVERNMENT AGENCY. MEMBERSHIP IN
    24  A REGULATED PROFESSION SHALL NOT EXCUSE A LOBBYIST FROM
    25  COMPLIANCE WITH THE PROVISIONS OF THIS CHAPTER.
    26  § 1303.  DEFINITIONS.
    27     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
    28  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    29  CONTEXT CLEARLY INDICATES OTHERWISE:
    30     "ADMINISTRATIVE ACTION."  ANY OF THE FOLLOWING:
    20050H0700B4887                 - 45 -     

     1         (1)  AN AGENCY'S:
     2             (I)  PROPOSAL, CONSIDERATION, PROMULGATION OR
     3         RESCISSION OF A REGULATION;
     4             (II)  DEVELOPMENT OR MODIFICATION OF A GUIDELINE OR A
     5         STATEMENT OF POLICY; OR
     6             (III)  APPROVAL OR REJECTION OF A REGULATION.
     7         (2)  THE REVIEW, REVISION, APPROVAL OR DISAPPROVAL OF A
     8     REGULATION UNDER THE ACT OF JUNE 25, 1982 (P.L.633, NO.181),
     9     KNOWN AS THE REGULATORY REVIEW ACT.
    10         (3)  THE GOVERNOR'S APPROVAL OR VETO OF LEGISLATION.
    11         (4)  THE NOMINATION OR APPOINTMENT OF AN INDIVIDUAL AS AN
    12     OFFICER OR EMPLOYEE OF THE COMMONWEALTH.
    13         (5)  THE PROPOSAL, CONSIDERATION, PROMULGATION OR
    14     RESCISSION OF AN EXECUTIVE ORDER.
    15     "AFFILIATED POLITICAL ACTION COMMITTEE."  A POLITICAL ACTION
    16  COMMITTEE AS DEFINED IN SECTION 1621(L) OF THE ACT OF JUNE 3,
    17  1937 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION
    18  CODE, WHICH HAS A CHAIRMAN, A TREASURER OR ANOTHER OFFICER WHO
    19  IS A PRINCIPAL, AN EMPLOYEE OF A PRINCIPAL, A LOBBYIST OR AN
    20  EMPLOYEE OF A LOBBYIST, PROVIDED IF AN EMPLOYEE OF A REGISTRANT
    21  SERVES AS THE OFFICER OF A POLITICAL ACTION COMMITTEE IN WHAT IS
    22  CLEARLY A PERSONAL CAPACITY AND THE GOALS AND MISSION OF THAT
    23  POLITICAL ACTION COMMITTEE CLEARLY HAVE NO RELATIONSHIP TO THE
    24  GOALS AND MISSION OF THE REGISTRANT, SUCH POLITICAL ACTION
    25  COMMITTEE SHALL NOT BE CONSIDERED AN AFFILIATED POLITICAL ACTION
    26  COMMITTEE FOR THE PURPOSES OF THIS DEFINITION.
    27     "AGENCY."  A STATE AGENCY, BOARD, COMMISSION, AUTHORITY OR
    28  DEPARTMENT.
    29     "COMMISSION."  THE STATE ETHICS COMMISSION.
    30     "COMPENSATION."  ANYTHING OF VALUE, INCLUDING BENEFITS,
    20050H0700B4887                 - 46 -     

     1  RECEIVED OR TO BE RECEIVED FROM A PRINCIPAL BY ONE ACTING AS A
     2  LOBBYIST.
     3     "DIRECT COMMUNICATION."  AN EFFORT, WHETHER WRITTEN, ORAL OR
     4  BY ANY OTHER MEDIUM, MADE BY A LOBBYIST OR PRINCIPAL, DIRECTED
     5  TO A STATE OFFICIAL OR EMPLOYEE, THE PURPOSE OR FORESEEABLE
     6  EFFECT OF WHICH IS TO INFLUENCE LEGISLATIVE ACTION OR
     7  ADMINISTRATIVE ACTION.
     8     "ECONOMIC CONSIDERATION."  ANYTHING OF VALUE OFFERED OR
     9  RECEIVED.
    10     "FUND."  THE LOBBYING DISCLOSURE FUND ESTABLISHED IN SECTION
    11  1310(B) (RELATING TO FILING FEES; FUND ESTABLISHED;
    12  REGULATIONS).
    13     "GIFT."  AS DEFINED IN SECTION 1102 (RELATING TO
    14  DEFINITIONS).
    15     "IMMEDIATE FAMILY."  AN INDIVIDUAL'S SPOUSE, AN INDIVIDUAL'S
    16  CHILD AND AN INDIVIDUAL'S PARENT, BROTHER, SISTER OR LIKE
    17  RELATIVE-IN-LAW.
    18     "INDIRECT COMMUNICATION."  AN EFFORT, WHETHER WRITTEN, ORAL
    19  OR BY ANY OTHER MEDIUM, TO ENCOURAGE OTHERS, INCLUDING THE
    20  GENERAL PUBLIC, TO TAKE ACTION, THE PURPOSE OR FORESEEABLE
    21  EFFECT OF WHICH IS TO DIRECTLY INFLUENCE LEGISLATIVE ACTION OR
    22  ADMINISTRATIVE ACTION. THE TERM INCLUDES LETTER-WRITING
    23  CAMPAIGNS, MAILINGS, TELEPHONE BANKS, PRINT AND ELECTRONIC MEDIA
    24  ADVERTISING, BILLBOARDS, PUBLICATIONS AND EDUCATIONAL CAMPAIGNS
    25  ON PUBLIC ISSUES. THE TERM DOES NOT INCLUDE REGULARLY PUBLISHED
    26  PERIODIC NEWSLETTERS PRIMARILY DESIGNED FOR AND DISTRIBUTED TO
    27  MEMBERS OF A BONA FIDE ASSOCIATION OR CHARITABLE OR FRATERNAL
    28  NONPROFIT CORPORATION.
    29     "LEGISLATION."  BILLS, RESOLUTIONS, AMENDMENTS AND
    30  NOMINATIONS PENDING OR PROPOSED IN EITHER THE SENATE OR THE
    20050H0700B4887                 - 47 -     

     1  HOUSE OF REPRESENTATIVES. THE TERM INCLUDES ANY OTHER MATTER
     2  WHICH MAY BECOME THE SUBJECT OF ACTION BY EITHER CHAMBER OF THE
     3  GENERAL ASSEMBLY.
     4     "LEGISLATIVE ACTION."  AN ACTION TAKEN BY A STATE OFFICIAL OR
     5  EMPLOYEE INVOLVING THE PREPARATION, RESEARCH, DRAFTING,
     6  INTRODUCTION, CONSIDERATION, MODIFICATION, AMENDMENT, APPROVAL,
     7  PASSAGE, ENACTMENT, TABLING, POSTPONEMENT, DEFEAT OR REJECTION
     8  OF LEGISLATION; LEGISLATIVE MOTIONS; OVERRIDING OR SUSTAINING A
     9  VETO BY THE GOVERNOR; OR CONFIRMATION OF APPOINTMENTS BY THE
    10  GOVERNOR OR OF APPOINTMENTS TO PUBLIC BOARDS OR COMMISSIONS BY A
    11  MEMBER OF THE GENERAL ASSEMBLY.
    12     "LOBBYING."  AN EFFORT TO INFLUENCE LEGISLATIVE ACTION OR
    13  ADMINISTRATIVE ACTION. THE TERM INCLUDES:
    14         (1)  PROVIDING ANY GIFT, ENTERTAINMENT, MEAL,
    15     TRANSPORTATION OR LODGING TO A STATE OFFICIAL OR EMPLOYEE FOR
    16     THE PURPOSE OF ADVANCING THE INTEREST OF THE LOBBYIST OR
    17     PRINCIPAL; AND
    18         (2)  DIRECT OR INDIRECT COMMUNICATION.
    19     "LOBBYIST."  ANY INDIVIDUAL, FIRM, ASSOCIATION, CORPORATION,
    20  PARTNERSHIP, BUSINESS TRUST OR BUSINESS ENTITY THAT ENGAGES IN
    21  LOBBYING ON BEHALF OF A PRINCIPAL FOR ECONOMIC CONSIDERATION.
    22  THE TERM INCLUDES AN ATTORNEY WHO ENGAGES IN LOBBYING.
    23     "PRINCIPAL."  ANY INDIVIDUAL, FIRM, ASSOCIATION, CORPORATION,
    24  PARTNERSHIP, BUSINESS TRUST OR BUSINESS ENTITY:
    25         (1)  ON WHOSE BEHALF A LOBBYIST INFLUENCES OR ATTEMPTS TO
    26     INFLUENCE AN ADMINISTRATIVE ACTION OR A LEGISLATIVE ACTION;
    27     OR
    28         (2)  THAT ENGAGES IN LOBBYING ON THE PRINCIPAL'S OWN
    29     BEHALF.
    30     "REGISTRANT."  A REGISTERED LOBBYIST OR A REGISTERED
    20050H0700B4887                 - 48 -     

     1  PRINCIPAL.
     2     "REGULATION."  ANY RULE, REGULATION OR ORDER IN THE NATURE OF
     3  A RULE OR REGULATION, INCLUDING FORMAL AND INFORMAL OPINIONS OF
     4  THE ATTORNEY GENERAL, OF GENERAL APPLICATION AND FUTURE EFFECT,
     5  PROMULGATED BY AN AGENCY UNDER STATUTORY AUTHORITY IN THE
     6  ADMINISTRATION OF A STATUTE ADMINISTERED BY OR RELATING TO THE
     7  AGENCY, OR PRESCRIBING THE PRACTICE OR PROCEDURE BEFORE THE
     8  AGENCY.
     9     "STATE OFFICIAL OR EMPLOYEE."  AN INDIVIDUAL ELECTED OR
    10  APPOINTED TO A POSITION IN STATE GOVERNMENT OR EMPLOYED BY STATE
    11  GOVERNMENT, WHETHER COMPENSATED OR UNCOMPENSATED, WHO IS
    12  INVOLVED IN LEGISLATIVE ACTION OR ADMINISTRATIVE ACTION.
    13  § 1304.  REGISTRATION.
    14     (A)  GENERAL RULE.--UNLESS EXCLUDED UNDER SECTION 1306
    15  (RELATING TO EXEMPTION FROM REGISTRATION AND REPORTING), A
    16  LOBBYIST OR A PRINCIPAL MUST REGISTER WITH THE COMMISSION WITHIN
    17  TEN DAYS OF ACTING IN ANY CAPACITY AS A LOBBYIST OR PRINCIPAL.
    18  REGISTRATION SHALL BE BIENNIAL AND BE COINCIDENT WITH THE TERMS
    19  OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES.
    20     (B)  PRINCIPALS.--
    21         (1)  A PRINCIPAL REQUIRED TO REGISTER SHALL FILE THE
    22     FOLLOWING INFORMATION WITH THE COMMISSION:
    23             (I)  NAME.
    24             (II)  PERMANENT ADDRESS.
    25             (III)  DAYTIME TELEPHONE NUMBER.
    26             (IV)  NAME AND NATURE OF BUSINESS.
    27             (V)  NAME, REGISTRATION NUMBER AND ACRONYMS OF
    28         AFFILIATED POLITICAL ACTION COMMITTEES.
    29             (VI)  NAME AND PERMANENT BUSINESS ADDRESS OF EACH
    30         INDIVIDUAL WHO WILL FOR ECONOMIC CONSIDERATION ENGAGE IN
    20050H0700B4887                 - 49 -     

     1         LOBBYING ON THE PRINCIPAL'S BEHALF.
     2         (2)  IF AN ORGANIZATION OR ASSOCIATION IS A PRINCIPAL,
     3     THE NUMBER OF DUES-PAYING MEMBERS IN THE PAST CALENDAR YEAR
     4     SHALL ALSO BE DISCLOSED.
     5     (C)  LOBBYIST.--
     6         (1)  A LOBBYIST WHO IS REQUIRED TO REGISTER SHALL FILE
     7     THE FOLLOWING INFORMATION WITH THE COMMISSION:
     8             (I)  NAME.
     9             (II)  PERMANENT BUSINESS ADDRESS.
    10             (III)  DAYTIME TELEPHONE NUMBER.
    11             (IV)  A RECENT PICTURE OF THE LOBBYIST.
    12             (V)  NAME, PERMANENT BUSINESS ADDRESS AND DAYTIME
    13         TELEPHONE NUMBER OF THE PRINCIPAL THE LOBBYIST
    14         REPRESENTS.
    15             (VI)  NAME, REGISTRATION NUMBER AND ACRONYMS OF
    16         AFFILIATED POLITICAL ACTION COMMITTEES.
    17         (2)  EACH LOBBYIST SHALL FILE A SEPARATE REGISTRATION
    18     STATEMENT FOR EACH PRINCIPAL HE OR SHE REPRESENTS.
    19     (D)  AMENDMENTS.--
    20         (1)  WHEN THERE IS A CHANGE OF INFORMATION REQUIRED FOR
    21     THE REGISTRATION STATEMENT UNDER SUBSECTION (B)(1) OR (C), AN
    22     AMENDED STATEMENT SHALL BE FILED WITH THE COMMISSION WITHIN
    23     14 DAYS AFTER THE CHANGE OCCURS.
    24         (2)  WHEN THERE IS A CHANGE IN INFORMATION REQUIRED FOR
    25     THE REGISTRATION STATEMENT UNDER SUBSECTION (B)(2), AN
    26     AMENDED STATEMENT SHALL BE FILED WITH THE COMMISSION WITHIN
    27     14 DAYS OF THE END OF THE YEAR IN WHICH THE CHANGE OCCURS.
    28     (E)  TERMINATION.--A LOBBYIST OR A PRINCIPAL MAY TERMINATE
    29  REGISTRATION BY FILING NOTICE WITH THE COMMISSION. WITHIN 30
    30  DAYS OF FILING THE NOTICE, THE LOBBYIST OR PRINCIPAL SHALL FILE
    20050H0700B4887                 - 50 -     

     1  A TERMINATION REPORT, WHICH SHALL INCLUDE ALL INFORMATION
     2  REQUIRED BY SECTION 1305 (RELATING TO REPORTING) THROUGH THE
     3  FINAL DAY OF LOBBYING ACTIVITY. AFTER A REASONABLE REVIEW OF THE
     4  TERMINATION REPORT BUT NOT LATER THAN 90 DAYS AFTER RECEIPT OF
     5  THE NOTICE, THE COMMISSION SHALL ISSUE TO THE LOBBYIST OR
     6  PRINCIPAL A LETTER STATING THAT THE REGISTRANT HAS TERMINATED
     7  REGISTRATION. THE FILING OF NOTICE OR A TERMINATION REPORT SHALL
     8  NOT AFFECT THE COMMISSION'S AUTHORITY TO CONDUCT INVESTIGATIONS
     9  AND HEARINGS PURSUANT TO SECTION 1308(H) (RELATING TO
    10  ADMINISTRATION AND ENFORCEMENT). NO LOBBYING MAY OCCUR AFTER THE
    11  FILING OF NOTICE UNLESS THE LOBBYING IS PURSUANT TO A SEPARATE
    12  REGISTRATION STATEMENT WHICH IS FILED WITH THE COMMISSION AND
    13  WHICH, AT THE TIME OF THE LOBBYING, HAS NOT BEEN TERMINATED.
    14  § 1305.  REPORTING.
    15     (A)  GENERAL RULE.--A LOBBYIST AS REQUIRED BY SUBSECTION
    16  (B)(6) OR A REGISTERED PRINCIPAL SHALL, UNDER OATH OR
    17  AFFIRMATION, FILE QUARTERLY EXPENSE REPORTS WITH THE COMMISSION.
    18     (B)  CONTENT.--
    19         (1)  REPORTS MUST LIST THE NAMES OF ALL LOBBYISTS BY WHOM
    20     THE LOBBYING IS CONDUCTED AND THE GENERAL SUBJECT MATTER OR
    21     ISSUE BEING LOBBIED.
    22         (2)  EXPENSE REPORTS MUST CONTAIN THE FOLLOWING
    23     CATEGORIES:
    24             (I)  A SINGLE AGGREGATE GOOD FAITH ESTIMATE OF THE
    25         TOTAL AMOUNT SPENT FOR PERSONNEL AND OFFICE EXPENSES
    26         RELATED TO LOBBYING. THIS SUBPARAGRAPH INCLUDES SALARIES
    27         AND OTHER FORMS OF COMPENSATION, BENEFITS, VEHICLE
    28         ALLOWANCES, BONUSES AND REIMBURSABLE EXPENSES FOR THOSE
    29         INVOLVED IN LOBBYING. IF COMPENSATION IS TO BE REPORTED
    30         BY OR FOR AN INDIVIDUAL OR ENTITY WHOSE LOBBYING IS
    20050H0700B4887                 - 51 -     

     1         INCIDENTAL TO REGULAR EMPLOYMENT, IT SHALL BE SUFFICIENT
     2         TO REPORT A GOOD FAITH PRORATED ESTIMATE BASED ON THE
     3         VALUE OF THE TIME DEVOTED TO LOBBYING. REPORTABLE
     4         PERSONNEL COSTS INCLUDE COSTS FOR LOBBYING STAFF,
     5         RESEARCH AND MONITORING STAFF, CONSULTANTS, LAWYERS,
     6         LOBBYISTS, PUBLICATIONS AND PUBLIC RELATIONS STAFF,
     7         TECHNICAL STAFF AND CLERICAL AND ADMINISTRATIVE SUPPORT
     8         STAFF WHO ENGAGE IN LOBBYING BUT ARE EXEMPT FROM
     9         REPORTING UNDER SECTION 1306(6) (RELATING TO EXEMPTION
    10         FROM REGISTRATION AND REPORTING). THIS SUBPARAGRAPH
    11         INCLUDES COSTS FOR OFFICES, EQUIPMENT AND SUPPLIES
    12         UTILIZED FOR LOBBYING.
    13             (II)  A SINGLE AGGREGATE GOOD FAITH ESTIMATE OF THE
    14         TOTAL AMOUNT SPENT FOR DIRECT COMMUNICATION.
    15             (III)  THE TOTAL COSTS FOR GIFTS, ENTERTAINMENT,
    16         MEALS, TRANSPORTATION, LODGING AND RECEPTIONS GIVEN TO OR
    17         PROVIDED TO STATE OFFICIALS OR EMPLOYEES OR THEIR
    18         IMMEDIATE FAMILIES.
    19             (IV)  A SINGLE AGGREGATE GOOD FAITH ESTIMATE OF THE
    20         TOTAL AMOUNT SPENT FOR INDIRECT COMMUNICATION.
    21         (3)  IN ADDITION TO REPORTING THE TOTALS REQUIRED UNDER
    22     THIS SUBSECTION, THE EXPENSE REPORT MUST IDENTIFY, BY NAME,
    23     POSITION AND EACH OCCURRENCE, A STATE OFFICIAL OR EMPLOYEE
    24     WHO RECEIVES FROM A PRINCIPAL OR LOBBYIST ANYTHING OF VALUE
    25     WHICH MUST BE INCLUDED IN THE STATEMENT UNDER SECTION
    26     1105(B)(6) OR (7) (RELATING TO STATEMENT OF FINANCIAL
    27     INTERESTS) AS IMPLEMENTED BY SECTION 1105(D).
    28             (I)  FOR PURPOSES OF THIS CHAPTER, THE AMOUNT
    29         REFERRED TO IN SECTION 1105(B)(7) SHALL BE CONSIDERED AN
    30         AGGREGATE AMOUNT PER YEAR.
    20050H0700B4887                 - 52 -     

     1             (II)  WRITTEN NOTICE MUST BE GIVEN TO EACH PUBLIC
     2         OFFICIAL OR EMPLOYEE OF INCLUSION IN THE EXPENSE REPORT
     3         WITHIN SEVEN DAYS OF THE REPORT'S SUBMISSION TO THE
     4         COMMISSION. NOTICE UNDER THIS SUBPARAGRAPH SHALL INCLUDE
     5         THE INFORMATION WHICH WILL ENABLE THE PUBLIC OFFICIAL OR
     6         EMPLOYEE TO COMPLY WITH SECTION 1105(B)(6) AND (7). FOR
     7         PURPOSES OF THIS CHAPTER AND CHAPTER 11 (RELATING TO
     8         ETHICS STANDARDS AND FINANCIAL DISCLOSURE), SECTION
     9         1105(B)(6) AND (7) SHALL CONSTITUTE MUTUALLY EXCLUSIVE
    10         CATEGORIES.
    11             (III)  REGULATIONS SHALL BE PROMULGATED UNDER SECTION
    12         1310(C) (RELATING TO FILING FEES; FUND ESTABLISHED;
    13         REGULATIONS) TO DEFINE MUTUALLY EXCLUSIVE CATEGORIES
    14         UNDER SECTION 1105(B)(6) AND (7) AND TO DETERMINE WHETHER
    15         A THING OF VALUE IS SUBJECT TO DISCLOSURE UNDER SECTION
    16         1105(B)(6) OR (7).
    17         (4)  A LOBBYIST MUST SIGN THE REPORTS SUBMITTED BY EACH
    18     PRINCIPAL REPRESENTED TO ATTEST TO THE VALIDITY AND ACCURACY
    19     TO THE BEST OF THE LOBBYIST'S KNOWLEDGE. A LOBBYIST MAY
    20     ATTACH A STATEMENT TO THE REPORT OF ANY PRINCIPAL, DESCRIBING
    21     THE LIMITS OF THE LOBBYIST'S KNOWLEDGE CONCERNING THE
    22     EXPENDITURES CONTAINED IN THE REPORT.
    23         (5)  THE EXPENSE REPORT SHALL ALSO INCLUDE THE NAME,
    24     PERMANENT BUSINESS ADDRESS AND DAYTIME TELEPHONE NUMBER OF
    25     ANY INDIVIDUAL, FIRM, ASSOCIATION, CORPORATION, PARTNERSHIP,
    26     BUSINESS TRUST OR BUSINESS ENTITY WHICH CONTRIBUTED MORE THAN
    27     10% OF THE TOTAL RESOURCES RECEIVED BY THE PRINCIPAL DURING
    28     THE REPORTING PERIOD.
    29         (6)  A LOBBYIST SHALL SUBMIT A SEPARATE REPORT IF, DURING
    30     THE REPORTING PERIOD, THE LOBBYIST ENGAGED IN LOBBYING WHICH
    20050H0700B4887                 - 53 -     

     1     WAS NOT CONTAINED IN THE REPORTS FILED BY THE PRINCIPAL OR
     2     PRINCIPALS REPRESENTED BY THE LOBBYIST. A SEPARATE LOBBYIST
     3     REPORT SHALL CONTAIN THE IDENTITY OF THE PRINCIPAL FOR WHOM
     4     SUCH LOBBYING WAS PERFORMED AND SHALL CONTAIN ALL INFORMATION
     5     REQUIRED UNDER PARAGRAPHS (2) AND (3).
     6         (7)  A REGISTERED PRINCIPAL OR REGISTERED LOBBYIST THAT
     7     ATTEMPTS TO INFLUENCE AN AGENCY'S PREPARING, BIDDING,
     8     ENTERING INTO OR APPROVING A CONTRACT SHALL ENSURE THAT THE
     9     RELATED EXPENSES ARE INCLUDED UNDER PARAGRAPH (2).
    10     (C)  RECORDS RETENTION.--A REGISTRANT SHALL RETAIN ALL
    11  DOCUMENTS REASONABLY NECESSARY TO SUBSTANTIATE THE REPORTS TO BE
    12  MADE UNDER THIS SECTION FOR FOUR YEARS FROM THE DATE OF FILING
    13  THE SUBJECT REPORT. UPON REQUEST BY THE OFFICE OF THE ATTORNEY
    14  GENERAL OR THE COMMISSION, THESE MATERIALS SHALL BE MADE
    15  AVAILABLE FOR INSPECTION WITHIN A REASONABLE PERIOD OF TIME.
    16     (D)  THRESHOLDS FOR REPORTING.--AN EXPENSE REPORT SHALL BE
    17  FILED WHEN TOTAL EXPENSES FOR LOBBYING EXCEED $500 FOR A
    18  REGISTERED PRINCIPAL OR A REGISTERED LOBBYIST IN A REPORTING
    19  PERIOD. IN A REPORTING PERIOD IN WHICH TOTAL EXPENSES ARE $500
    20  OR LESS, A STATEMENT TO THAT EFFECT SHALL BE FILED.
    21     (E)  VOLUNTARY DISCLOSURE.--NOTHING IN THIS SECTION SHALL
    22  PREVENT A PRINCIPAL OR LOBBYIST FROM DISCLOSING EXPENSES IN
    23  GREATER DETAIL THAN REQUIRED.
    24  § 1306.  EXEMPTION FROM REGISTRATION AND REPORTING.
    25     THE FOLLOWING INDIVIDUALS AND ACTIVITIES SHALL BE EXEMPT FROM
    26  REGISTRATION UNDER SECTION 1304 (RELATING TO REGISTRATION) AND
    27  REPORTING UNDER SECTION 1305 (RELATING TO REPORTING):
    28         (1)  AN INDIVIDUAL WHO LIMITS LOBBYING ACTIVITIES TO
    29     PREPARING TESTIMONY AND TESTIFYING BEFORE A COMMITTEE OF THE
    30     LEGISLATURE OR PARTICIPATING IN AN ADMINISTRATIVE PROCEEDING
    20050H0700B4887                 - 54 -     

     1     OF AN AGENCY.
     2         (2)  AN INDIVIDUAL WHO IS AN EMPLOYEE OF AN ENTITY
     3     ENGAGED IN THE BUSINESS OF PUBLISHING, BROADCASTING OR
     4     TELEVISING WHILE ENGAGED IN THE GATHERING AND DISSEMINATION
     5     OF NEWS AND COMMENT THEREON TO THE GENERAL PUBLIC IN THE
     6     ORDINARY COURSE OF BUSINESS.
     7         (3)  ANY OF THE FOLLOWING:
     8             (I)  AN INDIVIDUAL WHO DOES NOT RECEIVE COMPENSATION,
     9         OTHER THAN TRAVELING EXPENSES, FOR LOBBYING.
    10             (II)  AN INDIVIDUAL WHOSE COMPENSATION FOR LOBBYING,
    11         FROM ALL PRINCIPALS REPRESENTED, DOES NOT EXCEED $2,500
    12         IN THE AGGREGATE DURING ANY REPORTING PERIOD.
    13             (III)  AN INDIVIDUAL WHO ENGAGES IN LOBBYING ON
    14         BEHALF OF THE INDIVIDUAL'S EMPLOYER AND WHERE LOBBYING
    15         ACTIVITY REPRESENTS LESS THAN THE EQUIVALENT OF $2,500 OF
    16         THE EMPLOYEE'S TIME DURING ANY REPORTING PERIOD, BASED ON
    17         AN HOURLY PRORATION OF THE EMPLOYEE'S COMPENSATION.
    18             (IV)  A PRINCIPAL WHOSE TOTAL EXPENSES FOR LOBBYING
    19         PURPOSES DO NOT EXCEED $2,500 DURING ANY REPORTING
    20         PERIOD.
    21         (4)  ANY OF THE FOLLOWING:
    22             (I)  AN ELECTED STATE OFFICER ACTING IN AN OFFICIAL
    23         CAPACITY.
    24             (II)  A STATE EXECUTIVE OFFICER APPOINTED BY THE
    25         GOVERNOR ACTING IN AN OFFICIAL CAPACITY.
    26             (III)  AN ELECTED OR APPOINTED OFFICIAL OR EMPLOYEE
    27         OF A POLITICAL SUBDIVISION ACTING IN AN OFFICIAL
    28         CAPACITY.
    29             (IV)  AN EMPLOYEE OF THE COMMONWEALTH OR INDEPENDENT
    30         AGENCY OF THE COMMONWEALTH ACTING IN AN OFFICIAL
    20050H0700B4887                 - 55 -     

     1         CAPACITY.
     2         (5)  AN INDIVIDUAL REPRESENTING A BONA FIDE CHURCH OF
     3     WHICH THE INDIVIDUAL IS A MEMBER AND THE PURPOSE OF THE
     4     LOBBYING IS SOLELY FOR THE PURPOSE OF PROTECTING THE
     5     CONSTITUTIONAL RIGHT TO THE FREE EXERCISE OF RELIGION.
     6         (6)  AN EMPLOYEE, WHO IS NOT A REGISTERED LOBBYIST, OF A
     7     CORPORATION WHICH:
     8             (I)  IS REGISTERED AS A PRINCIPAL UNDER SECTION 1304;
     9             (II)  HAS ONE OR MORE REGISTERED LOBBYISTS; AND
    10             (III)  INCLUDES IN ITS REPORTS UNDER SECTION 1305 ALL
    11         OF THE EMPLOYEE'S EXPENSES RELATED TO LOBBYING.
    12  § 1307.  PROHIBITED ACTIVITIES.
    13     (A)  CONTINGENT COMPENSATION.--
    14         (1)  NO ONE MAY COMPENSATE OR INCUR AN OBLIGATION TO
    15     COMPENSATE ANY LOBBYIST, PRINCIPAL OR INDIVIDUAL TO ENGAGE IN
    16     LOBBYING FOR COMPENSATION CONTINGENT IN WHOLE OR IN PART UPON
    17     ANY OF THE FOLLOWING:
    18             (I)  PASSAGE OR DEFEAT, OR APPROVAL OR VETO, OF
    19         LEGISLATION.
    20             (II)  OCCURRENCE OR NONOCCURRENCE OF AN
    21         ADMINISTRATIVE ACTION.
    22         (2)  NO LOBBYIST, PRINCIPAL OR INDIVIDUAL MAY ENGAGE OR
    23     AGREE TO ENGAGE IN LOBBYING FOR COMPENSATION CONTINGENT IN
    24     WHOLE OR IN PART UPON ANY OF THE FOLLOWING:
    25             (I)  PASSAGE OR DEFEAT, OR APPROVAL OR VETO, OF
    26         LEGISLATION.
    27             (II)  OCCURRENCE OR NONOCCURRENCE OF AN
    28         ADMINISTRATIVE ACTION.
    29     (B)  POLITICAL COMMITTEES.--A LOBBYIST MAY NOT SERVE AS A
    30  TREASURER OR ANOTHER OFFICER FOR A CANDIDATE'S POLITICAL
    20050H0700B4887                 - 56 -     

     1  COMMITTEE OR A CANDIDATE'S POLITICAL ACTION COMMITTEE.
     2     (C)  FEE RESTRICTIONS.--A LOBBYIST MAY NOT CHARGE A FEE OR
     3  RECEIVE COMPENSATION OR ECONOMIC CONSIDERATION BASED UPON AN
     4  UNDERSTANDING, EITHER WRITTEN OR ORAL, THAT ANY PART OF THE FEE,
     5  COMPENSATION OR ECONOMIC CONSIDERATION WILL BE CONVERTED INTO A
     6  CONTRIBUTION TO A CANDIDATE FOR PUBLIC OFFICE OR A POLITICAL
     7  COMMITTEE.
     8     (D)  FALSIFICATION.--NO LOBBYIST OR PRINCIPAL MAY, FOR THE
     9  PURPOSE OF INFLUENCING LEGISLATIVE ACTION OR ADMINISTRATIVE
    10  ACTION, TRANSMIT, UTTER OR PUBLISH TO ANY STATE OFFICIAL OR
    11  EMPLOYEE ANY COMMUNICATION, KNOWING THAT SUCH COMMUNICATION OR
    12  ANY SIGNATURE ON THE COMMUNICATION IS FALSE, FORGED, COUNTERFEIT
    13  OR FICTITIOUS.
    14  § 1308.  ADMINISTRATION AND ENFORCEMENT.
    15     (A)  CRIMINAL ENFORCEMENT.--IF THE COMMISSION BELIEVES AN
    16  INTENTIONAL VIOLATION OF THIS CHAPTER HAS BEEN COMMITTED, IT
    17  SHALL REFER ALL RELEVANT DOCUMENTS AND OTHER INFORMATION TO THE
    18  OFFICE OF ATTORNEY GENERAL.
    19     (B)  ATTORNEY GENERAL.--IN ADDITION TO THE AUTHORITY
    20  CONFERRED UPON THE ATTORNEY GENERAL UNDER THE ACT OF OCTOBER 15,
    21  1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT,
    22  THE ATTORNEY GENERAL HAS THE AUTHORITY TO INVESTIGATE AND
    23  PROSECUTE A VIOLATION OF THIS CHAPTER.
    24     (C)  ADVICE AND OPINIONS.--THE COMMISSION SHALL PROVIDE
    25  ADVICE AND OPINIONS IN ACCORDANCE WITH PROCEDURES SET FORTH IN
    26  SECTION 1107 (RELATING TO POWERS AND DUTIES OF COMMISSION) TO A
    27  LOBBYIST, PRINCIPAL OR STATE OFFICIAL OR EMPLOYEE WHO HAS A
    28  QUESTION REGARDING COMPLIANCE WITH THIS CHAPTER. A PRINCIPAL, A
    29  LOBBYIST OR AN INDIVIDUAL WHO ACTS IN GOOD FAITH BASED ON THE
    30  WRITTEN ADVICE OR OPINION OF THE COMMISSION SHALL NOT BE HELD
    20050H0700B4887                 - 57 -     

     1  LIABLE FOR A VIOLATION OF THIS CHAPTER.
     2     (D)  PUBLIC INSPECTION AND COPYING.--THE COMMISSION SHALL
     3  MAKE COMPLETED REGISTRATION STATEMENTS, EXPENSE REPORTS,
     4  TERMINATION NOTICES AND TERMINATION REPORTS WHICH HAVE BEEN
     5  FILED WITH THE COMMISSION AVAILABLE FOR PUBLIC INSPECTION AND
     6  PROVIDE COPIES OF THESE DOCUMENTS AT A PRICE WHICH SHALL NOT
     7  EXCEED THE ACTUAL COST OF COPYING. DOCUMENTS THAT ARE MAINTAINED
     8  AND REPRODUCIBLE IN AN ELECTRONIC FORMAT SHALL BE PROVIDED IN
     9  THAT FORMAT UPON REQUEST.
    10     (E)  ANNUAL REPORTING.--THE COMMISSION SHALL PREPARE AND
    11  PUBLISH AN ANNUAL REPORT ON LOBBYING ACTIVITIES IN THIS
    12  COMMONWEALTH. THE COMMISSION SHALL ALSO ANNUALLY PUBLISH A
    13  LISTING OF PRINCIPALS, IDENTIFYING AFFILIATED POLITICAL ACTION
    14  COMMITTEES AND LOBBYISTS, AND A LISTING OF LOBBYISTS,
    15  IDENTIFYING AFFILIATED POLITICAL ACTION COMMITTEES AND
    16  PRINCIPALS.
    17     (F)  RETENTION OF RECORDS.--COMPLETED REGISTRATION
    18  STATEMENTS, EXPENSE REPORTS, TERMINATION NOTICES AND TERMINATION
    19  REPORTS SHALL REMAIN ON FILE WITH THE COMMISSION FOR A FOUR-YEAR
    20  PERIOD.
    21     (G)  AUDITS.--THE COMMISSION SHALL INITIATE, BY LOTTERY,
    22  RANDOM ANNUAL AUDITS OF THE REGISTRATION STATEMENTS AND
    23  DISCLOSURE REPORTS IN SUFFICIENT NUMBER TO ENSURE COMPLIANCE
    24  WITH THIS CHAPTER. THE AUDIT REPORT AND FINDINGS SHALL BE
    25  CONFIDENTIAL; HOWEVER, THE COMMISSION SHALL INCLUDE THE RELEVANT
    26  PORTION OF AN AUDIT AS PART OF ITS FINDINGS OF FACT IN A
    27  COMMISSION ORDER WHICH RESULTS FROM AN INVESTIGATION ARISING OUT
    28  OF AN AUDIT.
    29     (H)  INVESTIGATION AND HEARINGS.--THE COMMISSION, THROUGH ITS
    30  EXECUTIVE DIRECTOR, MAY INITIATE AN INVESTIGATION AND HOLD A
    20050H0700B4887                 - 58 -     

     1  HEARING CONCERNING NEGLIGENT CONDUCT BY A LOBBYIST OR PRINCIPAL
     2  IN ACCORDANCE WITH SECTIONS 1107 AND 1108 (RELATING TO
     3  INVESTIGATIONS BY COMMISSION).
     4     (I)  DIRECTORY.--ON OR BEFORE MAY 1 OF EACH ODD-NUMBERED
     5  YEAR, THE COMMISSION SHALL PRODUCE AND DISTRIBUTE A DIRECTORY OF
     6  ALL REGISTERED LOBBYISTS, INCLUDING PHOTOGRAPHS. COPIES OF THIS
     7  DIRECTORY SHALL BE MADE AVAILABLE TO THE PUBLIC AT A PRICE NOT
     8  TO EXCEED THE ACTUAL COST OF PRODUCTION. ALL REVENUE RECEIVED BY
     9  THE COMMISSION FROM THE SALES OF THIS DIRECTORY SHALL BE
    10  DEPOSITED INTO THE FUND.
    11     (J)  COMPUTER FILE.--THE LEGISLATIVE DATA PROCESSING
    12  COMMITTEE SHALL MAINTAIN UPDATED REGISTRATION STATEMENTS,
    13  EXPENSE REPORTS, TERMINATION NOTICES AND TERMINATION REPORTS.
    14     (K)  COST-OF-LIVING ADJUSTMENT.--ON A BIENNIAL BASIS
    15  COMMENCING IN JANUARY 2002, THE COMMISSION SHALL REVIEW THE
    16  THRESHOLD FOR REPORTING UNDER SECTION 1305(D) (RELATING TO
    17  REPORTING) AND THE THRESHOLD FOR EXEMPTION UNDER SECTION
    18  1306(3)(II) THROUGH (IV) (RELATING TO EXEMPTION FROM
    19  REGISTRATION AND REPORTING) AND MAY INCREASE THESE AMOUNTS TO
    20  RATES DEEMED REASONABLE FOR ASSURING APPROPRIATE DISCLOSURE. THE
    21  COMMISSION SHALL PUBLISH ANY SUCH ADJUSTED THRESHOLD AMOUNTS IN
    22  THE PENNSYLVANIA BULLETIN BY JUNE 1, 2002, AND EVERY TWO YEARS
    23  THEREAFTER AS NECESSARY.
    24  § 1309.  PENALTIES.
    25     (A)  NOTICE OF NONCOMPLIANCE.--THE COMMISSION SHALL ISSUE A
    26  NOTICE OF NONCOMPLIANCE TO ANY LOBBYIST, PRINCIPAL OR INDIVIDUAL
    27  THAT HAS FAILED TO REGISTER OR REPORT AS REQUIRED BY THIS
    28  CHAPTER. THE NOTICE SHALL STATE THE NATURE OF THE ALLEGED
    29  NONCOMPLIANCE AND THE CIVIL AND CRIMINAL PENALTIES FOR FAILURE
    30  TO REGISTER, FAILURE TO FILE OR FILING A REPORT CONTAINING A
    20050H0700B4887                 - 59 -     

     1  FALSE STATEMENT. THE NOTICE SHALL ALSO ADVISE OF THE RIGHT TO A
     2  HEARING BEFORE THE COMMISSION AND THE TIME AND MANNER IN WHICH
     3  TO REQUEST A HEARING.
     4     (B)  HEARING.--IF A HEARING IS REQUESTED, THE COMMISSION
     5  SHALL DETERMINE AT THE HEARING WHETHER THE RECIPIENT OF THE
     6  NOTICE IS REQUIRED TO REGISTER OR REPORT UNDER THIS CHAPTER,
     7  WHETHER THE FAILURE TO REGISTER OR REPORT WAS NEGLIGENT AND, IF
     8  THE FAILURE WAS NEGLIGENT, THE AMOUNT OF THE CIVIL PENALTY TO BE
     9  IMPOSED. IF THE COMMISSION FINDS THAT THE FAILURE TO REGISTER OR
    10  REPORT WAS INTENTIONAL, IT SHALL REFER THE MATTER TO THE
    11  ATTORNEY GENERAL FOR INVESTIGATION AND PROSECUTION. HEARINGS
    12  UNDER THIS SUBSECTION SHALL BE CONDUCTED BY THE COMMISSION IN
    13  ACCORDANCE WITH SECTIONS 1107(14) (RELATING TO POWERS AND DUTIES
    14  OF COMMISSION) AND 1108(E) (RELATING TO INVESTIGATIONS BY
    15  COMMISSION).
    16     (C)  NEGLIGENT FAILURE TO REGISTER OR REPORT.--NEGLIGENT
    17  FAILURE TO REGISTER OR REPORT AS REQUIRED BY THIS CHAPTER IS
    18  PUNISHABLE BY A CIVIL PENALTY NOT EXCEEDING $50 FOR EACH LATE
    19  DAY. AFTER A HEARING UNDER SUBSECTION (B), IN THE CASE OF
    20  NEGLIGENT FAILURE TO REGISTER OR REPORT, THE COMMISSION MAY,
    21  UPON THE MAJORITY VOTE OF ITS MEMBERS, LEVY A CIVIL PENALTY AS
    22  PROVIDED FOR IN THIS SUBSECTION. THE TOTAL AMOUNT OF THE CIVIL
    23  PENALTY LEVIED SHALL NOT BE LIMITED BY ANY OTHER PROVISION OF
    24  LAW. THE COMMISSION SHALL HAVE STANDING TO APPLY TO COMMONWEALTH
    25  COURT TO SEEK ENFORCEMENT OF AN ORDER IMPOSING A CIVIL PENALTY
    26  UNDER THIS SECTION.
    27     (D)  FAILURE TO COMPLY AFTER NOTICE.--AFTER NOTICE OF
    28  NONCOMPLIANCE AND AFTER A HEARING, IF ONE IS REQUESTED, A
    29  LOBBYIST OR PRINCIPAL WHO FAILS TO COMPLY WITH THE REQUIREMENTS
    30  OF THIS CHAPTER MAY BE PROHIBITED FROM LOBBYING FOR UP TO FIVE
    20050H0700B4887                 - 60 -     

     1  YEARS. THE PROHIBITION SHALL BE IMPOSED AS PROVIDED BY
     2  SUBSECTION (E)(4).
     3     (E)  INTENTIONAL VIOLATIONS.--
     4         (1)  ANY LOBBYIST, PRINCIPAL OR INDIVIDUAL THAT
     5     INTENTIONALLY FAILS TO REGISTER OR REPORT AS REQUIRED BY THIS
     6     CHAPTER COMMITS A MISDEMEANOR OF THE SECOND DEGREE.
     7         (2)  A REGISTRANT THAT FILES A REPORT UNDER THIS CHAPTER
     8     WITH KNOWLEDGE THAT THE REPORT CONTAINS A FALSE STATEMENT
     9     COMMITS A MISDEMEANOR OF THE SECOND DEGREE.
    10         (3)  EXCEPT AS SET FORTH IN PARAGRAPH (1) OR (2), ANY
    11     LOBBYIST, PRINCIPAL OR INDIVIDUAL THAT INTENTIONALLY VIOLATES
    12     THIS CHAPTER COMMITS A MISDEMEANOR OF THE THIRD DEGREE.
    13         (4)  IN ADDITION TO THE CRIMINAL PENALTIES IMPOSED BY
    14     THIS SUBSECTION, THE COMMISSION MAY PROHIBIT A LOBBYIST OR
    15     PRINCIPAL FROM LOBBYING FOR UP TO FIVE YEARS FOR DOING AN ACT
    16     WHICH CONSTITUTES AN OFFENSE UNDER THIS SUBSECTION. NO
    17     CRIMINAL PROSECUTION OR CONVICTION SHALL BE REQUIRED FOR THE
    18     IMPOSITION OF THE PROHIBITION AUTHORIZED BY THIS PARAGRAPH.
    19     THE PROHIBITION UNDER THIS PARAGRAPH SHALL NOT BE IMPOSED
    20     UNLESS THE DEFENDANT HAS BEEN AFFORDED THE OPPORTUNITY FOR A
    21     HEARING, WHICH SHALL BE CONDUCTED BY THE COMMISSION IN
    22     ACCORDANCE WITH SECTIONS 1107(14) AND 1108(E).
    23  § 1310.  FILING FEES; FUND ESTABLISHED; REGULATIONS.
    24     (A)  FILING FEES.--A PRINCIPAL OR LOBBYIST REQUIRED TO BE
    25  REGISTERED UNDER THIS CHAPTER SHALL PAY A BIENNIAL FILING FEE OF
    26  $100 TO THE COMMISSION.
    27     (B)  FUND ESTABLISHED.--ALL MONEY RECEIVED FROM FILING FEES
    28  UNDER SUBSECTION (A) SHALL BE DEPOSITED IN A RESTRICTED RECEIPTS
    29  ACCOUNT TO BE KNOWN AS THE LOBBYING DISCLOSURE FUND. THE MONEY
    30  DEPOSITED IN THE FUND IS HEREBY APPROPRIATED TO THE COMMISSION
    20050H0700B4887                 - 61 -     

     1  AS A CONTINUING APPROPRIATION FOR THE EXCLUSIVE PURPOSE OF
     2  CARRYING OUT THE PROVISIONS OF THIS CHAPTER.
     3     (C)  REGULATIONS.--A COMMITTEE COMPRISED OF THE SECRETARY OF
     4  THE SENATE, THE CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES, THE
     5  CHAIRMAN OF THE STATE ETHICS COMMISSION, THE ATTORNEY GENERAL,
     6  THE SECRETARY OF THE COMMONWEALTH, THE AUDITOR GENERAL AND THE
     7  GENERAL COUNSEL, OR THEIR DESIGNEES, SHALL HAVE CONTINUING
     8  AUTHORITY TO PROMULGATE REGULATIONS NECESSARY TO CARRY OUT THIS
     9  CHAPTER. THE CHAIRMAN OF THE COMMISSION SHALL BE DESIGNATED AS
    10  THE CHAIRMAN OF THE COMMITTEE. THE INITIAL PROPOSED REGULATIONS
    11  SHALL BE SUBMITTED WITHIN 180 DAYS OF THE EFFECTIVE DATE OF THIS
    12  SECTION TO THE INDEPENDENT REGULATORY REVIEW COMMISSION UNDER
    13  SECTION 5 OF THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN
    14  AS THE REGULATORY REVIEW ACT. ANY MEETING AT WHICH THE COMMITTEE
    15  PLANS TO APPROVE PROPOSED REGULATIONS SHALL BE HELD IN
    16  ACCORDANCE WITH CHAPTER 7 (RELATING TO OPEN MEETINGS). THE
    17  COMMITTEE SHALL ALSO PREPARE AND PUBLISH A MANUAL SETTING FORTH
    18  GUIDELINES FOR ACCOUNTING AND REPORTING. THE REGULATIONS AND
    19  MANUAL SHALL BE DRAFTED TO ACCOMMODATE THE USE OF COMPUTERIZED
    20  RECORDKEEPING, ELECTRONIC FILING OF THE REPORTS PROVIDED FOR
    21  UNDER THIS CHAPTER AND RETENTION OF REGISTRATION STATEMENTS AND
    22  REPORTS PROVIDED FOR UNDER THIS CHAPTER BY ELECTRONIC MEANS. THE
    23  DEPARTMENT OF STATE SHALL PROVIDE SUFFICIENT STAFF AND OTHER
    24  ADMINISTRATIVE SUPPORT TO ASSIST THE COMMITTEE.
    25  § 1311.  SEVERABILITY.
    26     (A)  GENERAL RULE.--EXCEPT AS PROVIDED IN SUBSECTION (B):
    27         (1)  THE PROVISIONS OF THIS CHAPTER ARE SEVERABLE.
    28         (2)  IF ANY PROVISION OF THIS CHAPTER OR ITS APPLICATION
    29     TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, THE INVALIDITY
    30     SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS
    20050H0700B4887                 - 62 -     

     1     CHAPTER WHICH CAN BE GIVEN EFFECT WITHOUT THE INVALID
     2     PROVISION OR APPLICATION.
     3     (B)  PRACTICE OF LAW.--IF ANY PROVISION OF THIS CHAPTER OR
     4  ITS APPLICATION TO ANY PERSON OR CIRCUMSTANCE IS HELD INVALID ON
     5  THE BASIS OF IMPROPER REGULATION OF THE PRACTICE OF LAW, THE
     6  REMAINING PROVISIONS OR APPLICATIONS OF THIS CHAPTER ARE VOID.]
     7     SECTION 3.  TITLE 65 IS AMENDED BY ADDING A CHAPTER TO READ:
     8                            CHAPTER 13-A
     9                        LOBBYING DISCLOSURE
    10  SEC.
    11  1301-A.  SCOPE OF CHAPTER.
    12  1302-A.  STATEMENT OF INTENT AND JURISDICTION.
    13  1303-A.  DEFINITIONS.
    14  1304-A.  REGISTRATION.
    15  1305-A.  REPORTING.
    16  1306-A.  EXEMPTION FROM REGISTRATION AND REPORTING.
    17  1307-A.  PROHIBITED ACTIVITIES.
    18  1308-A.  ADMINISTRATION.
    19  1309-A.  PENALTIES.
    20  1310-A.  REGISTRATION FEES; FUND ESTABLISHED; SYSTEM;
    21                 REGULATIONS.
    22  1311-A.  NONAPPLICABILITY.
    23  § 1301-A.  SCOPE OF CHAPTER.
    24     THIS CHAPTER RELATES TO LOBBYING DISCLOSURE.
    25  § 1302-A.  STATEMENT OF INTENT AND JURISDICTION.
    26     (A)  INTENT.--THE CONSTITUTION OF PENNSYLVANIA RECOGNIZES
    27  THAT ALL FREE GOVERNMENTS ARE FOUNDED UPON THE AUTHORITY OF THE
    28  PEOPLE. IT FURTHER PROVIDES THAT THE POWER TO MAKE LAW IN THIS
    29  COMMONWEALTH IS VESTED IN THE GENERAL ASSEMBLY, AND THE POWER TO
    30  ENFORCE LAW IS VESTED IN THE EXECUTIVE DEPARTMENT. THE
    20050H0700B4887                 - 63 -     

     1  CONSTITUTION ALSO GUARANTEES THE PEOPLE THE RIGHT TO PETITION
     2  THOSE INVESTED WITH THE POWERS OF GOVERNMENT FOR REDRESS OF
     3  GRIEVANCES. THE ABILITY OF THE PEOPLE TO EXERCISE THEIR
     4  FUNDAMENTAL AUTHORITY AND TO HAVE CONFIDENCE IN THE INTEGRITY OF
     5  THE PROCESSES BY WHICH LAWS ARE MADE AND ENFORCED IN THIS
     6  COMMONWEALTH DEMANDS THAT THE IDENTITY AND SCOPE OF ACTIVITY OF
     7  THOSE WHO ARE PAID TO INFLUENCE THE ACTIONS OF THE GENERAL
     8  ASSEMBLY AND THE EXECUTIVE DEPARTMENT BE PUBLICLY AND REGULARLY
     9  DISCLOSED.
    10     (B)  JURISDICTION.--THE AUTHORITY TO REGULATE PERSONS
    11  EMPLOYED TO INFLUENCE THE ACTIONS OF THE GENERAL ASSEMBLY AND
    12  THE EXECUTIVE DEPARTMENT LIES WITHIN THE JURISDICTION OF THOSE
    13  BRANCHES OF GOVERNMENT. TO ENSURE THAT THE INTENT OF THIS
    14  CHAPTER IS NOT EVADED AND THAT ALL SUCH PERSONS ARE REGULATED IN
    15  A FAIR AND EQUITABLE MANNER, LOBBYISTS AND THE PRACTICE OF
    16  LOBBYING SHALL BE SUBJECT TO THIS CHAPTER, WHICH SHALL PREVAIL
    17  OVER ANY OTHER REGULATION OF PROFESSIONAL ACTIVITY WHEN THAT
    18  ACTIVITY CONSTITUTES LOBBYING. THIS CHAPTER IS NOT INTENDED TO
    19  GOVERN PROFESSIONAL ACTIVITIES WHICH DO NOT INCLUDE LOBBYING AND
    20  ARE PROPERLY THE SUBJECT OF REGULATION BY THE JUDICIAL BRANCH OF
    21  GOVERNMENT OR BY ANY GOVERNMENT AGENCY.
    22     (C)  REGULATED PROFESSION.--MEMBERSHIP IN A REGULATED
    23  PROFESSION SHALL NOT EXCUSE A LOBBYIST FROM COMPLIANCE WITH THIS
    24  CHAPTER.
    25     (D)  ADMINISTRATIVE AGENCY LAW.--PROCEEDINGS OF THE
    26  COMMISSION ARE SUBJECT TO 2 PA.C.S. CHS. 5 SUBCH. A (RELATING TO
    27  PRACTICE AND PROCEDURE OF COMMONWEALTH AGENCIES) AND 7 SUBCH. A
    28  (RELATING TO JUDICIAL REVIEW OF COMMONWEALTH AGENCY ACTION).
    29  § 1303-A.  DEFINITIONS.
    30     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
    20050H0700B4887                 - 64 -     

     1  SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
     2  CONTEXT CLEARLY INDICATES OTHERWISE:
     3     "ADMINISTRATIVE ACTION."  ANY OF THE FOLLOWING:
     4         (1)  AN AGENCY'S:
     5             (I)  PROPOSAL, CONSIDERATION, PROMULGATION OR
     6         RESCISSION OF A REGULATION;
     7             (II)  DEVELOPMENT OR MODIFICATION OF A STATEMENT OF
     8         POLICY;
     9             (III)  APPROVAL OR REJECTION OF A REGULATION; OR
    10             (IV)  PROCUREMENT OF SUPPLIES, SERVICES AND
    11         CONSTRUCTION UNDER 62 PA.C.S. (RELATING TO PROCUREMENT).
    12         (2)  THE REVIEW, REVISION, APPROVAL OR DISAPPROVAL OF A
    13     REGULATION UNDER THE ACT OF JUNE 25, 1982 (P.L.633, NO.181),
    14     KNOWN AS THE REGULATORY REVIEW ACT.
    15         (3)  THE GOVERNOR'S APPROVAL OR VETO OF LEGISLATION.
    16         (4)  THE NOMINATION OR APPOINTMENT OF AN INDIVIDUAL AS AN
    17     OFFICER OR EMPLOYEE OF THE COMMONWEALTH.
    18         (5)  THE PROPOSAL, CONSIDERATION, PROMULGATION OR
    19     RESCISSION OF AN EXECUTIVE ORDER.
    20     "AFFILIATED POLITICAL ACTION COMMITTEE."  AS FOLLOWS:
    21         (1)  EXCEPT AS SET FORTH IN PARAGRAPH (2), A "POLITICAL
    22     ACTION COMMITTEE" AS DEFINED IN SECTION 1621(L) OF THE ACT OF
    23     JUNE 3, 1937 (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA
    24     ELECTION CODE, WHICH HAS AN OFFICER WHO:
    25             (I)  MUST BE INCLUDED IN A REGISTRATION STATEMENT
    26         UNDER SECTION 1624(B)(2) AND (3) OF THE PENNSYLVANIA
    27         ELECTION CODE; AND
    28             (II)  IS:
    29                 (A)  A PRINCIPAL;
    30                 (B)  AN OFFICER OR AN EMPLOYEE OF A PRINCIPAL;
    20050H0700B4887                 - 65 -     

     1                 (C)  A LOBBYIST; OR
     2                 (D)  AN EMPLOYEE OF A LOBBYIST.
     3         (2)  IF AN EMPLOYEE OF A REGISTRANT SERVES AS THE OFFICER
     4     OF A POLITICAL ACTION COMMITTEE IN WHAT IS CLEARLY A PERSONAL
     5     CAPACITY AND THE GOALS AND MISSION OF THAT POLITICAL ACTION
     6     COMMITTEE CLEARLY HAVE NO RELATIONSHIP TO THE GOALS AND
     7     MISSION OF THE REGISTRANT, THAT POLITICAL ACTION COMMITTEE
     8     SHALL NOT BE CONSIDERED AN AFFILIATED POLITICAL ACTION
     9     COMMITTEE FOR THE PURPOSES OF THIS DEFINITION.
    10     "AGENCY."  AN AGENCY, BOARD, COMMISSION, AUTHORITY OR
    11  DEPARTMENT OF THE EXECUTIVE DEPARTMENT OF THE COMMONWEALTH.
    12     "ATTORNEY AT LAW."  AN INDIVIDUAL ADMITTED TO PRACTICE LAW BY
    13  A COURT OF RECORD OF THIS COMMONWEALTH.
    14     "BIDDER."  AS DEFINED IN 62 PA.C.S. § 103 (RELATING TO
    15  DEFINITIONS).
    16     "BOARD."  THE DISCIPLINARY BOARD OF THE SUPREME COURT OF
    17  PENNSYLVANIA.
    18     "COMMISSION."  THE STATE ETHICS COMMISSION.
    19     "COMPENSATION."  ANYTHING OF VALUE, INCLUDING BENEFITS,
    20  RECEIVED OR TO BE RECEIVED FROM A PRINCIPAL BY ONE ACTING AS A
    21  LOBBYIST.
    22     "CONTRACTOR."  AS DEFINED IN 62 PA.C.S. § 103 (RELATING TO
    23  DEFINITIONS).
    24     "DEPARTMENT."  THE DEPARTMENT OF STATE OF THE COMMONWEALTH.
    25     "DIRECT COMMUNICATION."  AN EFFORT, WHETHER WRITTEN, ORAL OR
    26  BY ANY OTHER MEDIUM, MADE BY A LOBBYIST OR PRINCIPAL, DIRECTED
    27  TO A STATE OFFICIAL OR EMPLOYEE, THE PURPOSE OR FORESEEABLE
    28  EFFECT OF WHICH IS TO INFLUENCE LEGISLATIVE ACTION OR
    29  ADMINISTRATIVE ACTION. THE TERM MAY INCLUDE PERSONNEL EXPENSES
    30  AND OFFICE EXPENSES.
    20050H0700B4887                 - 66 -     

     1     "ECONOMIC CONSIDERATION."  ANYTHING OF VALUE OFFERED OR
     2  RECEIVED. THE TERM INCLUDES COMPENSATION AND REIMBURSEMENT FOR
     3  EXPENSES.
     4     "FUND."  THE LOBBYING DISCLOSURE FUND ESTABLISHED IN SECTION
     5  1310-A (B) (RELATING TO REGISTRATION FEES; FUND ESTABLISHED;
     6  SYSTEM; REGULATIONS).
     7     "GIFT."  ANYTHING WHICH IS RECEIVED WITHOUT CONSIDERATION OF
     8  EQUAL OR GREATER VALUE. THE TERM SHALL NOT INCLUDE A POLITICAL
     9  CONTRIBUTION OTHERWISE REPORTABLE AS REQUIRED BY LAW OR A
    10  COMMERCIALLY REASONABLE LOAN MADE IN THE ORDINARY COURSE OF
    11  BUSINESS. THE TERM SHALL NOT INCLUDE HOSPITALITY, TRANSPORTATION
    12  OR LODGING.
    13     "HOSPITALITY."  INCLUDES ALL OF THE FOLLOWING:
    14         (1)  MEALS.
    15         (2)  BEVERAGES.
    16         (3)  RECREATION AND ENTERTAINMENT.
    17  THE TERM SHALL NOT INCLUDE GIFTS, TRANSPORTATION OR LODGING.
    18     "IMMEDIATE FAMILY."  AN INDIVIDUAL'S SPOUSE, CHILD, PARENT,
    19  BROTHER, SISTER AND LIKE RELATIVE-IN-LAW.
    20     "INDIRECT COMMUNICATION."  AN EFFORT, WHETHER WRITTEN, ORAL
    21  OR BY ANY OTHER MEDIUM, TO ENCOURAGE OTHERS, INCLUDING THE
    22  GENERAL PUBLIC, TO TAKE ACTION, THE PURPOSE OR FORESEEABLE
    23  EFFECT OF WHICH IS TO DIRECTLY INFLUENCE LEGISLATIVE ACTION OR
    24  ADMINISTRATIVE ACTION.
    25         (1)  THE TERM INCLUDES LETTER-WRITING CAMPAIGNS,
    26     MAILINGS, TELEPHONE BANKS, PRINT AND ELECTRONIC MEDIA
    27     ADVERTISING, BILLBOARDS, PUBLICATIONS AND EDUCATIONAL
    28     CAMPAIGNS ON PUBLIC ISSUES.
    29         (2)  THE TERM DOES NOT INCLUDE REGULARLY PUBLISHED
    30     PERIODIC NEWSLETTERS PRIMARILY DESIGNED FOR AND DISTRIBUTED
    20050H0700B4887                 - 67 -     

     1     TO MEMBERS OF A BONA FIDE ASSOCIATION OR CHARITABLE OR
     2     FRATERNAL NONPROFIT CORPORATION.
     3         (3)  THE TERM MAY INCLUDE PERSONNEL EXPENSES AND OFFICE
     4     EXPENSES.
     5     "LEGISLATION."  BILLS, RESOLUTIONS, AMENDMENTS AND
     6  NOMINATIONS PENDING OR PROPOSED IN EITHER THE SENATE OR THE
     7  HOUSE OF REPRESENTATIVES. THE TERM INCLUDES ANY OTHER MATTER
     8  WHICH MAY BECOME THE SUBJECT OF ACTION BY EITHER CHAMBER OF THE
     9  GENERAL ASSEMBLY.
    10     "LEGISLATIVE ACTION."  AN ACTION TAKEN BY A STATE OFFICIAL OR
    11  EMPLOYEE INVOLVING THE PREPARATION, RESEARCH, DRAFTING,
    12  INTRODUCTION, CONSIDERATION, MODIFICATION, AMENDMENT, APPROVAL,
    13  PASSAGE, ENACTMENT, TABLING, POSTPONEMENT, DEFEAT OR REJECTION
    14  OF:
    15         (1)  LEGISLATION;
    16         (2)  LEGISLATIVE MOTIONS;
    17         (3)  A VETO BY THE GOVERNOR; OR
    18         (4)  CONFIRMATION OF APPOINTMENTS BY THE GOVERNOR OR
    19     APPOINTMENTS TO PUBLIC BOARDS OR COMMISSIONS BY A MEMBER OF
    20     THE GENERAL ASSEMBLY.
    21     "LOBBYING."  AN EFFORT TO INFLUENCE LEGISLATIVE ACTION OR
    22  ADMINISTRATIVE ACTION IN THIS COMMONWEALTH. THE TERM INCLUDES:
    23         (1)  DIRECT OR INDIRECT COMMUNICATION;
    24         (2)  OFFICE EXPENSES; AND
    25         (3)  PROVIDING ANY GIFT, HOSPITALITY, TRANSPORTATION OR
    26     LODGING TO A STATE OFFICIAL OR EMPLOYEE FOR THE PURPOSE OF
    27     ADVANCING THE INTEREST OF THE LOBBYIST OR PRINCIPAL.
    28     "LOBBYING FIRM."  AN ENTITY THAT ENGAGES IN LOBBYING FOR
    29  ECONOMIC CONSIDERATION ON BEHALF OF A PRINCIPAL OTHER THAN THE
    30  ENTITY ITSELF.
    20050H0700B4887                 - 68 -     

     1     "LOBBYIST."  ANY INDIVIDUAL, ASSOCIATION, CORPORATION,
     2  PARTNERSHIP, BUSINESS TRUST OR OTHER ENTITY THAT ENGAGES IN
     3  LOBBYING ON BEHALF OF A PRINCIPAL FOR ECONOMIC CONSIDERATION.
     4  THE TERM INCLUDES AN ATTORNEY AT LAW WHILE ENGAGED IN LOBBYING.
     5     "OFFEROR."  AS DEFINED IN 62 PA.C.S. § 103 (RELATING TO
     6  DEFINITIONS).
     7     "OFFICE EXPENSE."  AN EXPENDITURE FOR AN OFFICE, EQUIPMENT OR
     8  SUPPLIES, UTILIZED FOR LOBBYING.
     9     "PERSONNEL EXPENSE."  AN EXPENDITURE FOR SALARIES OR OTHER
    10  FORMS OF COMPENSATION, BENEFITS, VEHICLE ALLOWANCES, BONUSES AND
    11  REIMBURSABLE EXPENSES PAID TO LOBBYISTS, LOBBYING STAFF,
    12  RESEARCH AND MONITORING STAFF, CONSULTANTS, PUBLICATIONS AND
    13  PUBLIC RELATIONS STAFF, TECHNICAL STAFF, CLERICAL AND
    14  ADMINISTRATIVE SUPPORT STAFF AND INCLUDES INDIVIDUALS WHO ENGAGE
    15  IN LOBBYING BUT ARE EXEMPT FROM REPORTING UNDER SECTION 1306-A
    16  (RELATING TO EXEMPTION FROM REGISTRATION AND REPORTING). FOR AN
    17  INDIVIDUAL FOR WHOM LOBBYING IS INCIDENTAL TO REGULAR
    18  EMPLOYMENT, THE TERM MEANS A GOOD FAITH PRORATED ESTIMATE BASED
    19  ON THE VALUE OF THE TIME DEVOTED TO LOBBYING.
    20     "PRINCIPAL."  AN INDIVIDUAL, ASSOCIATION, CORPORATION,
    21  PARTNERSHIP, BUSINESS TRUST OR OTHER ENTITY:
    22         (1)  ON WHOSE BEHALF A LOBBYING FIRM OR LOBBYIST ENGAGES
    23     IN LOBBYING; OR
    24         (2)  THAT ENGAGES IN LOBBYING ON THE PRINCIPAL'S OWN
    25     BEHALF.
    26     "REGISTRANT."  A REGISTERED LOBBYIST, REGISTERED LOBBYING
    27  FIRM OR REGISTERED PRINCIPAL.
    28     "REGULATION."  ANY RULE, REGULATION OR ORDER IN THE NATURE OF
    29  A RULE OR REGULATION, INCLUDING FORMAL AND INFORMAL OPINIONS OF
    30  THE ATTORNEY GENERAL, OF GENERAL APPLICATION AND FUTURE EFFECT,
    20050H0700B4887                 - 69 -     

     1  PROMULGATED BY AN AGENCY UNDER STATUTORY AUTHORITY IN THE
     2  ADMINISTRATION OF A STATUTE ADMINISTERED BY OR RELATING TO THE
     3  AGENCY OR PRESCRIBING THE PRACTICE OR PROCEDURE BEFORE THE
     4  AGENCY.
     5     "REPORTING PERIOD."  ANY OF THE FOLLOWING PERIODS:
     6         (1)  JANUARY 1 THROUGH MARCH 31.
     7         (2)  APRIL 1 THROUGH JUNE 30.
     8         (3)  JULY 1 THROUGH SEPTEMBER 30.
     9         (4)  OCTOBER 1 THROUGH DECEMBER 31.
    10     "STATE BUDGET PROCESS."  THE CONSIDERATION AND PASSAGE OF
    11  ACTS RELATING TO EXPENDITURES OF FUNDS AND THE GENERATION OF
    12  REVENUES BY THE GENERAL ASSEMBLY.
    13     "STATEMENT OF POLICY."  THE TERM INCLUDES A GUIDELINE.
    14     "STATE OFFICIAL OR EMPLOYEE."  AN INDIVIDUAL ELECTED OR
    15  APPOINTED TO A POSITION IN STATE GOVERNMENT OR EMPLOYED BY STATE
    16  GOVERNMENT, WHETHER COMPENSATED OR UNCOMPENSATED, WHO IS
    17  INVOLVED IN LEGISLATIVE ACTION OR ADMINISTRATIVE ACTION.
    18     "VENDOR."  ANY OFFEROR, BIDDER OR CONTRACTOR THAT, FOR
    19  ECONOMIC CONSIDERATION, SELLS OR PROVIDES A SERVICE OR SUPPLY OR
    20  ENGAGES IN CONSTRUCTION. THE TERM DOES NOT INCLUDE AN ATTORNEY
    21  AT LAW, A LOBBYIST OR A LOBBYING FIRM.
    22  § 1304-A.  REGISTRATION.
    23     (A)  GENERAL RULE.--UNLESS EXCLUDED UNDER SECTION 1306-A
    24  (RELATING TO EXEMPTION FROM REGISTRATION AND REPORTING), A
    25  LOBBYIST, LOBBYING FIRM OR A PRINCIPAL MUST REGISTER WITH THE
    26  DEPARTMENT WITHIN TEN DAYS OF ACTING IN ANY CAPACITY AS A
    27  LOBBYIST, LOBBYING FIRM OR PRINCIPAL. REGISTRATION SHALL BE
    28  BIENNIAL AND SHALL BEGIN JANUARY 1, 2007.
    29     (B)  PRINCIPALS AND LOBBYING FIRMS.--
    30         (1)  A PRINCIPAL OR LOBBYING FIRM REQUIRED TO REGISTER
    20050H0700B4887                 - 70 -     

     1     UNDER SUBSECTION (A) SHALL FILE A SINGLE REGISTRATION
     2     STATEMENT SETTING FORTH THE FOLLOWING INFORMATION WITH THE
     3     DEPARTMENT:
     4             (I)  NAME.
     5             (II)  PERMANENT ADDRESS.
     6             (III)  DAYTIME TELEPHONE NUMBER.
     7             (IV)  E-MAIL ADDRESS, IF AVAILABLE.
     8             (V)  NAME AND NATURE OF BUSINESS.
     9             (VI)  NAME, REGISTRATION NUMBER AND ACRONYM OF ANY
    10         AFFILIATED POLITICAL ACTION COMMITTEES.
    11             (VII)  NAME AND PERMANENT BUSINESS ADDRESS OF EACH
    12         INDIVIDUAL WHO WILL FOR ECONOMIC CONSIDERATION ENGAGE IN
    13         LOBBYING ON BEHALF OF THE PRINCIPAL OR LOBBYING FIRM.
    14             (VIII)  REGISTRATION NUMBER WHEN AVAILABLE.
    15         (2)  A LOBBYING FIRM SHALL INCLUDE IN ITS STATEMENT UNDER
    16         PARAGRAPH (1) THE FOLLOWING INFORMATION FOR EACH
    17         PRINCIPAL IT REPRESENTS:
    18             (I)  NAME.
    19             (II)  PERMANENT BUSINESS ADDRESS.
    20             (III)  TELEPHONE NUMBER.
    21             (IV)  REGISTRATION NUMBER WHEN AVAILABLE.
    22         (3)  A PRINCIPAL THAT IS AN ASSOCIATION OR ORGANIZATION
    23     SHALL INCLUDE IN ITS STATEMENT UNDER PARAGRAPH (1) THE NUMBER
    24     OF DUES-PAYING MEMBERS OF THE ASSOCIATION OR ORGANIZATION IN
    25     THE MOST RECENTLY COMPLETED CALENDAR YEAR.
    26     (C)  LOBBYIST.--A LOBBYIST WHO IS REQUIRED TO REGISTER UNDER
    27  SUBSECTION (A) SHALL FILE A SINGLE REGISTRATION STATEMENT
    28  SETTING FORTH THE FOLLOWING INFORMATION WITH THE DEPARTMENT:
    29         (1)  NAME.
    30         (2)  PERMANENT BUSINESS ADDRESS.
    20050H0700B4887                 - 71 -     

     1         (3)  DAYTIME TELEPHONE NUMBER.
     2         (4)  E-MAIL ADDRESS, IF AVAILABLE.
     3         (5)  A RECENT PHOTOGRAPH OF THE LOBBYIST.
     4         (6)  NAME, PERMANENT BUSINESS ADDRESS, DAYTIME TELEPHONE
     5     NUMBER AND REGISTRATION NUMBER WHEN AVAILABLE OF EACH
     6     PRINCIPAL FOR WHOM THE LOBBYIST WILL ENGAGE IN LOBBYING.
     7         (7)  NAME AND REGISTRATION NUMBER WHEN AVAILABLE OF ANY
     8     LOBBYING FIRM WITH WHICH THE LOBBYIST HAS A RELATIONSHIP
     9     INVOLVING ECONOMIC CONSIDERATION.
    10         (8)  NAME, REGISTRATION NUMBER AND ACRONYM OF ANY
    11     AFFILIATED POLITICAL ACTION COMMITTEES.
    12         (9)  NAME, REGISTRATION NUMBER AND ACRONYM OF ANY
    13     CANDIDATE POLITICAL COMMITTEE OF WHICH THE LOBBYIST IS AN
    14     OFFICER WHO MUST BE INCLUDED IN A REGISTRATION STATEMENT
    15     UNDER SECTION 1624(B)(2) AND (3) OF THE ACT OF JUNE 3, 1937
    16     (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE.
    17     (D)  AMENDMENTS.--
    18         (1)  IF THERE IS A CHANGE OF INFORMATION REQUIRED FOR THE
    19     REGISTRATION STATEMENT UNDER SUBSECTION (B)(1) OR (2) OR (C),
    20     AN AMENDED REGISTRATION STATEMENT SHALL BE FILED WITH THE
    21     DEPARTMENT WITHIN 14 DAYS AFTER THE CHANGE OCCURS.
    22         (2)  WHEN THERE IS A CHANGE IN INFORMATION REQUIRED FOR
    23     THE REGISTRATION STATEMENT UNDER SUBSECTION (B)(3), AN
    24     AMENDED REGISTRATION STATEMENT SHALL BE FILED WITH THE
    25     DEPARTMENT WITHIN 14 DAYS OF THE END OF THE YEAR IN WHICH THE
    26     CHANGE OCCURS.
    27     (E)  TERMINATION.--
    28         (1)  A LOBBYIST, LOBBYING FIRM OR PRINCIPAL MAY TERMINATE
    29     REGISTRATION BY FILING NOTICE OF TERMINATION WITH THE
    30     DEPARTMENT.
    20050H0700B4887                 - 72 -     

     1         (2)  AFTER A REVIEW OF THE NOTICE OF TERMINATION, BUT NO
     2     LATER THAN 15 DAYS AFTER RECEIPT OF THE NOTICE, THE
     3     DEPARTMENT SHALL ISSUE TO THE LOBBYIST, LOBBYING FIRM OR
     4     PRINCIPAL A LETTER STATING THAT THE REGISTRANT HAS TERMINATED
     5     REGISTRATION. THE FILING OF NOTICE SHALL NOT AFFECT THE
     6     COMMISSION'S AUTHORITY TO CONDUCT INVESTIGATIONS AND HEARINGS
     7     UNDER SECTION 1308-A(G) (RELATING TO ADMINISTRATION).
     8         (3)  NO LOBBYING MAY OCCUR AFTER THE FILING OF NOTICE OF
     9     TERMINATION UNLESS THE LOBBYING IS PURSUANT TO A SEPARATE
    10     REGISTRATION STATEMENT WHICH IS FILED WITH THE DEPARTMENT AND
    11     WHICH, AT THE TIME OF THE LOBBYING, HAS NOT BEEN TERMINATED.
    12         (4)  NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO
    13     EXEMPT A LOBBYIST, LOBBYING FIRM OR PRINCIPAL FROM ANY OF THE
    14     REQUIREMENTS IN SECTION 1305-A (RELATING TO REPORTING).
    15  § 1305-A.  REPORTING.
    16     (A)  GENERAL RULE.--A REGISTERED PRINCIPAL SHALL, UNDER OATH
    17  OR AFFIRMATION, FILE QUARTERLY EXPENSE REPORTS WITH THE
    18  DEPARTMENT NO LATER THAN 30 DAYS AFTER THE LAST DAY OF THE
    19  QUARTER.
    20     (B)  CONTENT.--
    21         (1)  EACH EXPENSE REPORT MUST LIST THE NAMES AND
    22     REGISTRATION NUMBERS WHEN AVAILABLE OF ALL LOBBYISTS BY WHOM
    23     LOBBYING IS CONDUCTED ON BEHALF OF THE PRINCIPAL AND THE
    24     GENERAL SUBJECT MATTER OR ISSUE BEING LOBBIED.
    25         (2)  EACH EXPENSE REPORT SHALL INCLUDE THE TOTAL COSTS OF
    26     ALL LOBBYING FOR THE PERIOD. THE TOTAL SHALL INCLUDE ALL
    27     OFFICE EXPENSES, PERSONNEL EXPENSES, EXPENDITURES RELATED TO
    28     GIFTS, HOSPITALITY, TRANSPORTATION AND LODGING TO STATE
    29     OFFICIALS OR EMPLOYEES, AND ANY OTHER LOBBYING COSTS. THE
    30     TOTAL AMOUNT REPORTED UNDER THIS PARAGRAPH SHALL BE ALLOCATED
    20050H0700B4887                 - 73 -     

     1     IN ITS ENTIRETY AMONG THE FOLLOWING CATEGORIES:
     2             (I)  THE COSTS FOR GIFTS, HOSPITALITY, TRANSPORTATION
     3         AND LODGING GIVEN TO OR PROVIDED TO STATE OFFICIALS OR
     4         EMPLOYEES OR THEIR IMMEDIATE FAMILIES.
     5             (II)  THE COSTS FOR DIRECT COMMUNICATION.
     6             (III)  THE COSTS FOR INDIRECT COMMUNICATION.
     7             (IV)  EXPENSES REQUIRED TO BE REPORTED UNDER THIS
     8         SUBSECTION SHALL BE ALLOCATED TO ONE OF THE THREE
     9         CATEGORIES LISTED UNDER THIS SECTION AND SHALL NOT BE
    10         INCLUDED IN MORE THAN ONE CATEGORY.
    11         (2.1)  FOR PURPOSES OF FILING AN EXPENSE REPORT UNDER
    12     THIS SUBSECTION, A REGISTRANT MAY USE ANY REASONABLE METHODS
    13     OF ESTIMATION AND ALLOCATION.
    14         (3)  THE FOLLOWING APPLY:
    15             (I)  IN ADDITION TO REPORTING THE TOTALS REQUIRED
    16         UNDER THIS SUBSECTION, THE EXPENSE REPORT MUST IDENTIFY,
    17         BY NAME, POSITION AND EACH OCCURRENCE, A STATE OFFICIAL
    18         OR EMPLOYEE WHO RECEIVES FROM A PRINCIPAL OR LOBBYIST
    19         ANYTHING OF VALUE WHICH MUST BE INCLUDED IN THE STATEMENT
    20         UNDER SECTION 1105(B)(6) OR (7) (RELATING TO STATEMENT OF
    21         FINANCIAL INTERESTS) AS IMPLEMENTED BY SECTION 1105(D).
    22             (II)  FOR PURPOSES OF THIS CHAPTER, THE AMOUNT
    23         REFERRED TO IN SECTION 1105(B)(7) SHALL BE CONSIDERED AN
    24         AGGREGATE AMOUNT PER YEAR.
    25             (III)  FOR PURPOSES OF THIS CHAPTER, THE AMOUNT
    26         REFERRED TO IN SECTION 1105(B)(7) SHALL NOT INCLUDE THE
    27         COST OF A RECEPTION WHICH THE STATE OFFICIAL OR EMPLOYEE
    28         ATTENDS IN CONNECTION WITH PUBLIC OFFICE OR EMPLOYMENT.
    29             (IV)  WRITTEN NOTICE MUST BE GIVEN TO EACH STATE
    30         OFFICIAL OR EMPLOYEE WHO IS LISTED IN AN EXPENSE REPORT
    20050H0700B4887                 - 74 -     

     1         UNDER THIS PARAGRAPH AT LEAST SEVEN DAYS PRIOR TO THE
     2         REPORT'S SUBMISSION TO THE DEPARTMENT. NOTICE UNDER THIS
     3         SUBPARAGRAPH SHALL INCLUDE THE INFORMATION WHICH WILL
     4         ENABLE THE STATE OFFICIAL OR EMPLOYEE TO COMPLY WITH
     5         SECTION 1105(B)(6) AND (7). FOR PURPOSES OF THIS CHAPTER
     6         AND CHAPTER 11 (RELATING TO ETHICS STANDARDS AND
     7         FINANCIAL DISCLOSURE), SECTION 1105(B)(6) AND (7) SHALL
     8         CONSTITUTE MUTUALLY EXCLUSIVE CATEGORIES. FOR EACH
     9         CATEGORY ENUMERATED IN PARAGRAPH (2)(I), EACH NOTICE
    10         SHALL INCLUDE BOTH THE AMOUNT INCURRED DURING THE QUARTER
    11         AND THE CUMULATIVE AMOUNT INCURRED FROM JANUARY 1 THROUGH
    12         THE END OF THE APPLICABLE QUARTER.
    13             (V)  THIS PARAGRAPH SHALL NOT APPLY TO ANYTHING OF
    14         VALUE RECEIVED FROM IMMEDIATE FAMILY WHEN THE
    15         CIRCUMSTANCES MAKE IT CLEAR THAT MOTIVATION FOR THE
    16         ACTION WAS THE PERSONAL OR FAMILY RELATIONSHIP.
    17         (4)  A LOBBYING FIRM OR A LOBBYIST NOT ASSOCIATED WITH A
    18     LOBBYING FIRM SHALL SIGN THE REPORTS SUBMITTED BY EACH
    19     PRINCIPAL FOR WHOM THE LOBBYING FIRM OR LOBBYIST IS
    20     REGISTERED TO ATTEST TO THE VALIDITY AND ACCURACY TO THE BEST
    21     OF THE ATTESTOR'S KNOWLEDGE. A LOBBYING FIRM OR LOBBYIST MAY
    22     ATTACH A STATEMENT TO THE REPORT OF A PRINCIPAL, DESCRIBING
    23     THE LIMITS OF THE KNOWLEDGE OF THE LOBBYING FIRM OR LOBBYIST
    24     CONCERNING THE INFORMATION CONTAINED IN THE EXPENSE REPORT.
    25         (5)  THE EXPENSE REPORT SHALL ALSO INCLUDE THE NAME,
    26     PERMANENT BUSINESS ADDRESS AND DAYTIME TELEPHONE NUMBER OF
    27     ANY INDIVIDUAL, ASSOCIATION, CORPORATION, PARTNERSHIP,
    28     BUSINESS TRUST OR OTHER BUSINESS ENTITY WHICH CONTRIBUTED
    29     MORE THAN 10% OF THE TOTAL RESOURCES RECEIVED BY THE
    30     PRINCIPAL DURING THE REPORTING PERIOD.
    20050H0700B4887                 - 75 -     

     1         (6)  A LOBBYING FIRM OR A LOBBYIST NOT ASSOCIATED WITH A
     2     LOBBYING FIRM SHALL SUBMIT AN EXPENSE REPORT IF DURING THE
     3     REPORTING PERIOD THE LOBBYING FIRM OR LOBBYIST ENGAGED IN
     4     LOBBYING WHICH WAS NOT CONTAINED IN ANY EXPENSE REPORT FILED
     5     BY A PRINCIPAL OR PRINCIPALS REPRESENTED.
     6         (7)  A REGISTERED PRINCIPAL THAT ATTEMPTS OR THAT RETAINS
     7     A LOBBYING FIRM OR LOBBYIST TO ATTEMPT TO INFLUENCE AN
     8     AGENCY'S PREPARING, BIDDING, ENTERING INTO OR APPROVING A
     9     CONTRACT SHALL ENSURE THAT THE RELATED EXPENSES ARE INCLUDED
    10     UNDER PARAGRAPH (2).
    11         (8)  A LOBBYING FIRM OR A LOBBYIST NOT ASSOCIATED WITH A
    12     LOBBYING FIRM SHALL SUBMIT A REPORT IF THE LOBBYING FIRM OR
    13     LOBBYIST ENGAGED IN LOBBYING ON BEHALF OF ANY ENTITY THAT IS
    14     EXEMPT UNDER SECTION 1306-A (7), (8), (9) OR (10) (RELATING
    15     TO EXEMPTION FROM REGISTRATION AND REPORTING).
    16     (C)  RECORDS RETENTION.--A REGISTRANT SHALL RETAIN ALL
    17  DOCUMENTS REASONABLY NECESSARY TO SUBSTANTIATE THE REPORTS TO BE
    18  MADE UNDER THIS SECTION FOR FOUR YEARS FROM THE DATE OF FILING
    19  THE SUBJECT REPORT. UPON REQUEST BY THE OFFICE OF ATTORNEY
    20  GENERAL, THE BOARD, THE COMMISSION OR THE DEPARTMENT, THESE
    21  MATERIALS SHALL BE MADE AVAILABLE FOR INSPECTION WITHIN A
    22  REASONABLE PERIOD OF TIME.
    23     (D)  THRESHOLDS FOR REPORTING.--AN EXPENSE REPORT REQUIRED
    24  UNDER THIS SECTION SHALL BE FILED WHEN TOTAL EXPENSES FOR
    25  LOBBYING EXCEED $2,500 FOR A REGISTERED PRINCIPAL IN A REPORTING
    26  PERIOD. IN A REPORTING PERIOD IN WHICH TOTAL EXPENSES ARE $2,500
    27  OR LESS, A STATEMENT TO THAT EFFECT SHALL BE FILED.
    28     (E)  INDIRECT COMMUNICATION DISCLOSURE.--WHENEVER ANY PERSON
    29  MAKES AN EXPENDITURE FOR INDIRECT COMMUNICATION UNDER THIS
    30  CHAPTER, FOR THE PURPOSE OF DISSEMINATING OR INITIATING A
    20050H0700B4887                 - 76 -     

     1  COMMUNICATION, SUCH AS A MAILING, TELEPHONE BANK, PRINT OR
     2  ELECTRONIC MEDIA ADVERTISEMENT, BILLBOARD, PUBLICATION OR
     3  EDUCATION CAMPAIGN, THE COMMUNICATION SHALL CLEARLY AND
     4  CONSPICUOUSLY STATE THE NAME OF THE PERSON WHO MADE OR FINANCED
     5  THE EXPENDITURE FOR THE COMMUNICATION.
     6  § 1306-A.  EXEMPTION FROM REGISTRATION AND REPORTING.
     7     THE FOLLOWING PERSONS AND ACTIVITIES SHALL BE EXEMPT FROM
     8  REGISTRATION UNDER SECTION 1304-A (RELATING TO REGISTRATION) AND
     9  REPORTING UNDER SECTION 1305-A (RELATING TO REPORTING):
    10         (1)  AN INDIVIDUAL WHO LIMITS LOBBYING TO PREPARING
    11     TESTIMONY AND TESTIFYING BEFORE A COMMITTEE OF THE GENERAL
    12     ASSEMBLY OR PARTICIPATING IN AN ADMINISTRATIVE PROCEEDING OF
    13     AN AGENCY.
    14         (2)  AN INDIVIDUAL WHO IS AN EMPLOYEE OF AN ENTITY
    15     ENGAGED IN THE BUSINESS OF PUBLISHING OR BROADCASTING WHILE
    16     ENGAGED IN THE GATHERING AND DISSEMINATION OF NEWS AND
    17     COMMENT ON THE NEWS TO THE GENERAL PUBLIC IN THE ORDINARY
    18     COURSE OF BUSINESS.
    19         (3)  AN INDIVIDUAL WHO DOES NOT RECEIVE ECONOMIC
    20     CONSIDERATION FOR LOBBYING.
    21         (4)  AN INDIVIDUAL WHOSE ECONOMIC CONSIDERATION FOR
    22     LOBBYING, FROM ALL PRINCIPALS REPRESENTED, DOES NOT EXCEED
    23     $2,500 IN THE AGGREGATE DURING ANY REPORTING PERIOD.
    24         (5)  AN INDIVIDUAL WHO ENGAGES IN LOBBYING ON BEHALF OF
    25     THE INDIVIDUAL'S EMPLOYER IF THE LOBBYING REPRESENTS LESS
    26     THAN 20 HOURS DURING ANY REPORTING PERIOD.
    27         (6)  EXCEPT AS REQUIRED UNDER SECTION 1305-A(D), A
    28     PRINCIPAL WHOSE TOTAL EXPENSES FOR LOBBYING PURPOSES DO NOT
    29     EXCEED $2,500 DURING ANY REPORTING PERIOD.
    30         (7)  AN ELECTED STATE OFFICIAL WHO ACTS IN AN OFFICIAL
    20050H0700B4887                 - 77 -     

     1     CAPACITY.
     2         (8)  AN APPOINTED STATE OFFICIAL ACTING IN AN OFFICIAL
     3     CAPACITY.
     4         (9)  AN ELECTED OR APPOINTED OFFICIAL OF A POLITICAL
     5     SUBDIVISION WHO IS ACTING IN AN OFFICIAL CAPACITY FOR THE
     6     POLITICAL SUBDIVISION.
     7         (10)  AN EMPLOYEE OF THE COMMONWEALTH OR AN AGENCY OF THE
     8     COMMONWEALTH WHO IS ACTING IN AN OFFICIAL CAPACITY FOR THE
     9     COMMONWEALTH OR AGENCY.
    10         (11)  AN INDIVIDUAL REPRESENTING A BONA FIDE CHURCH OR
    11     BONA FIDE RELIGIOUS BODY OF WHICH THE INDIVIDUAL IS A MEMBER
    12     WHERE THE LOBBYING IS SOLELY FOR THE PURPOSE OF PROTECTING
    13     THE CONSTITUTIONAL RIGHT TO THE FREE EXERCISE OF RELIGION.
    14         (12)  AN INDIVIDUAL WHO IS NOT A REGISTERED LOBBYIST AND
    15     WHO SERVES ON AN ADVISORY BOARD, WORKING GROUP OR TASK FORCE
    16     AT THE REQUEST OF AN AGENCY OR THE GENERAL ASSEMBLY.
    17         (13)  PARTICIPATING AS A PARTY OR AS AN ATTORNEY AT LAW
    18     OR REPRESENTATIVE OF A PARTY, CASE OR CONTROVERSY IN ANY
    19     ADMINISTRATIVE ADJUDICATION PURSUANT TO 2 PA.C.S. (RELATING
    20     TO ADMINISTRATIVE LAW AND PROCEDURE).
    21         (14)  EXPENDITURES AND OTHER TRANSACTIONS SUBJECT TO
    22     REPORTING UNDER ARTICLE XVI OF THE ACT OF JUNE 3, 1937
    23     (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE.
    24         (15)  VENDOR ACTIVITIES UNDER 62 PA.C.S. §§ 514 (RELATING
    25     TO SMALL PROCUREMENTS), 516 (RELATING TO EMERGENCY
    26     PROCUREMENTS) AND EFFORTS DIRECTLY RELATED TO RESPONDING TO
    27     PUBLICLY ADVERTISED INVITATIONS TO BID AND REQUESTS FOR
    28     PROPOSALS.
    29  § 1307-A.  PROHIBITED ACTIVITIES.
    30     (A)  POLITICAL COMMITTEES.--A LOBBYIST MAY NOT SERVE AS A
    20050H0700B4887                 - 78 -     

     1  TREASURER OR OTHER OFFICER WHO MUST BE INCLUDED IN A
     2  REGISTRATION STATEMENT UNDER SECTION 1624(B)(2) AND (3) OF THE
     3  ACT OF JUNE 3, 1937 (P.L.1333, NO.320), KNOWN AS THE
     4  PENNSYLVANIA ELECTION CODE, FOR A CANDIDATE'S POLITICAL
     5  COMMITTEE OR A CANDIDATE'S POLITICAL ACTION COMMITTEE IF THE
     6  CANDIDATE IS SEEKING A STATEWIDE OFFICE OR THE OFFICE OF SENATOR
     7  OR REPRESENTATIVE IN THE GENERAL ASSEMBLY.
     8     (B)  FEE RESTRICTIONS.--A LOBBYIST MAY NOT CHARGE A FEE OR
     9  RECEIVE ECONOMIC CONSIDERATION BASED ON A CONTRACT, EITHER
    10  WRITTEN OR ORAL, THAT ANY PART OF THE FEE OR ECONOMIC
    11  CONSIDERATION WILL BE CONVERTED INTO A CONTRIBUTION TO A
    12  CANDIDATE FOR PUBLIC OFFICE OR A POLITICAL COMMITTEE SUBJECT TO
    13  REPORTING UNDER ARTICLE XVI OF THE ACT OF JUNE 3, 1937
    14  (P.L.1333, NO.320), KNOWN AS THE PENNSYLVANIA ELECTION CODE.
    15     (C)  FALSIFICATION.--A LOBBYIST, LOBBYING FIRM OR PRINCIPAL
    16  MAY NOT, FOR THE PURPOSE OF INFLUENCING LEGISLATIVE ACTION OR
    17  ADMINISTRATIVE ACTION, TRANSMIT, UTTER OR PUBLISH TO A STATE
    18  OFFICIAL OR EMPLOYEE A COMMUNICATION, KNOWING THAT THE
    19  COMMUNICATION OR A SIGNATURE ON THE COMMUNICATION IS FALSE,
    20  FORGED, COUNTERFEIT OR FICTITIOUS.
    21     (D)  CONFLICTS OF INTEREST.--
    22         (1)  EXCEPT AS PERMITTED BY PARAGRAPH (2), A REGISTRANT
    23     MAY NOT LOBBY ON BEHALF OF A PRINCIPAL ON ANY SUBJECT MATTER
    24     IN WHICH THE PRINCIPAL'S INTERESTS ARE DIRECTLY ADVERSE TO
    25     THE INTERESTS OF ANOTHER PRINCIPAL CURRENTLY REPRESENTED BY
    26     THE LOBBYIST OR PREVIOUSLY REPRESENTED BY THE LOBBYIST DURING
    27     THE CURRENT SESSION OF THE GENERAL ASSEMBLY OR THE LOBBYIST'S
    28     OWN INTERESTS.
    29         (2)  A LOBBYIST MAY REPRESENT A PRINCIPAL IN
    30     CIRCUMSTANCES DESCRIBED IN PARAGRAPH (1) IF:
    20050H0700B4887                 - 79 -     

     1             (I)  THE LOBBYIST REASONABLY BELIEVES THAT THE
     2         LOBBYIST WILL BE ABLE TO PROVIDE COMPETENT AND DILIGENT
     3         REPRESENTATION TO EACH AFFECTED PRINCIPAL;
     4             (II)  THE LOBBYIST PROVIDES WRITTEN NOTICE TO EACH
     5         AFFECTED PRINCIPAL UPON BECOMING AWARE OF THE CONFLICT;
     6         AND
     7             (III)  EACH AFFECTED PRINCIPAL PROVIDES INFORMED
     8         CONSENT WAIVING THE CONFLICT OF INTEREST.
     9         (3)  IF A LOBBYIST REPRESENTS A PRINCIPAL IN VIOLATION OF
    10     THIS SECTION OR IF MULTIPLE REPRESENTATION PROPERLY ACCEPTED
    11     BECOMES IMPROPER UNDER THIS SECTION AND THE CONFLICT IS NOT
    12     WAIVED, THE LOBBYIST SHALL PROMPTLY WITHDRAW FROM ONE OR MORE
    13     REPRESENTATIONS TO THE EXTENT NECESSARY FOR REMAINING
    14     REPRESENTATION TO NOT BE IN VIOLATION OF THIS SECTION.
    15         (4)  IF A LOBBYIST IS PROHIBITED BY THIS SECTION FROM
    16     ENGAGING IN PARTICULAR CONDUCT, AN EMPLOYER OF THE LOBBYIST
    17     OR A PARTNER OR OTHER PERSON ASSOCIATED WITH THE LOBBYIST MAY
    18     NOT ENGAGE IN THE PARTICULAR CONDUCT.
    19         (5)  A PRINCIPAL OR LOBBYIST REQUIRED TO REPORT UNDER
    20     SECTION 1305-A (RELATING TO REPORTING) SHALL INCLUDE IN THE
    21     REPORT A STATEMENT AFFIRMING THAT TO THE BEST OF THE
    22     PRINCIPAL'S OR LOBBYIST'S KNOWLEDGE THE PRINCIPAL OR LOBBYIST
    23     HAS COMPLIED WITH THIS SECTION.
    24         (6)  EXCEPT AS PROVIDED IN PARAGRAPH (8), THE COMMISSION
    25     MAY RECEIVE COMPLAINTS REGARDING VIOLATIONS OF THIS
    26     SUBSECTION. IF THE COMMISSION DETERMINES A VIOLATION OF THIS
    27     SUBSECTION HAS OCCURRED, THE COMMISSION, AFTER INVESTIGATION,
    28     NOTICE AND HEARING:
    29             (I)  SHALL IMPOSE AN ADMINISTRATIVE PENALTY IN AN
    30         AMOUNT NOT TO EXCEED $2,000; AND
    20050H0700B4887                 - 80 -     

     1             (II)  MAY PROHIBIT A LOBBYIST FROM LOBBYING FOR
     2         ECONOMIC CONSIDERATION FOR UP TO FIVE YEARS.
     3         (7)  A LOBBYIST AND PRINCIPAL SHALL MAINTAIN THE RECORDS
     4     RELATING TO THE CONFLICT OF INTEREST SET FORTH IN PARAGRAPH
     5     (2) FOR A FOUR-YEAR PERIOD BEGINNING ON THE DATE THE CONFLICT
     6     IS DISCOVERED AND, IN THE CASE OF AN INVESTIGATION CONDUCTED
     7     UNDER PARAGRAPH (6), PROVIDE COPIES OF THE RECORDS TO THE
     8     COMMISSION UPON REQUEST.
     9         (8)  COMPLAINTS REGARDING VIOLATIONS OF THIS SUBSECTION
    10     INVOLVING A LOBBYIST OR PRINCIPAL WHO IS AN ATTORNEY AT LAW
    11     SHALL BE REFERRED TO THE BOARD TO BE INVESTIGATED, CONSIDERED
    12     AND RESOLVED IN A MANNER CONSISTENT WITH THE RULES OF
    13     PROFESSIONAL CONDUCT.
    14     (D.1)  MULTIPLE PRINCIPALS.--NOTHING IN THIS SECTION SHALL BE
    15  CONSTRUED TO REQUIRE A LOBBYIST REPRESENTING MULTIPLE PRINCIPALS
    16  WHO EACH HAVE AN INTEREST IN THE STATE BUDGET PROCESS TO COMPLY
    17  WITH SUBSECTION (D)(2) UNLESS A CONFLICT OF INTEREST EXISTS
    18  UNDER SUBSECTION (D)(1).
    19     (E)  CONTINGENT COMPENSATION.--
    20         (1)  A PERSON MAY NOT COMPENSATE OR INCUR AN OBLIGATION
    21     TO COMPENSATE A PERSON TO ENGAGE IN LOBBYING FOR COMPENSATION
    22     CONTINGENT IN WHOLE OR IN PART UPON ANY OF THE FOLLOWING:
    23             (I)  OCCURRENCE, NONOCCURRENCE OR AMENDMENT OF
    24         LEGISLATIVE ACTION.
    25             (II)  OCCURRENCE, NONOCCURRENCE OR AMENDMENT OF AN
    26         ADMINISTRATIVE ACTION OTHER THAN PROCUREMENT DESCRIBED IN
    27         PARAGRAPH (1)(IV) OF THE DEFINITION OF "ADMINISTRATIVE
    28         ACTION" UNDER SECTION 1303-A (RELATING TO DEFINITIONS).
    29         (2)  A PERSON MAY NOT ENGAGE IN OR AGREE TO ENGAGE IN
    30     LOBBYING FOR COMPENSATION CONTINGENT IN WHOLE OR IN PART UPON
    20050H0700B4887                 - 81 -     

     1     ANY OF
     2             (I)  OCCURRENCE, NONOCCURRENCE OR AMENDMENT OF
     3         LEGISLATIVE ACTION.
     4             (II)  OCCURRENCE, NONOCCURRENCE OR AMENDMENT OF AN
     5         ADMINISTRATIVE ACTION OTHER THAN PROCUREMENT DESCRIBED IN
     6         PARAGRAPH (1)(IV) OF THE DEFINITION OF "ADMINISTRATIVE
     7         ACTION" UNDER SECTION 1303-A.
     8         (3)  THIS SUBSECTION SHALL NOT APPLY TO VENDORS.
     9     (F)  UNLAWFUL ACTS.--
    10         (1)  A LOBBYIST OR PRINCIPAL MAY NOT:
    11             (I)  INSTIGATE THE INTRODUCTION OF LEGISLATION FOR
    12         THE PURPOSE OF OBTAINING EMPLOYMENT TO LOBBY IN
    13         OPPOSITION TO THAT LEGISLATION.
    14             (II)  KNOWINGLY COUNSEL A PERSON TO VIOLATE THIS
    15         CHAPTER OR ANY OTHER FEDERAL OR STATE STATUTE.
    16             (III)  ENGAGE IN OR COUNSEL A PERSON TO ENGAGE IN
    17         FRAUDULENT CONDUCT.
    18             (IV)  ATTEMPT TO INFLUENCE A STATE OFFICIAL OR
    19         EMPLOYEE ON LEGISLATIVE OR ADMINISTRATIVE ACTION BY
    20         MAKING OR FACILITATING THE MAKING OF A LOAN TO THE STATE
    21         OFFICIAL OR EMPLOYEE.
    22             (V)  WHILE ENGAGING IN LOBBYING ON BEHALF OF THE
    23         PRINCIPAL, REFUSE TO DISCLOSE TO A STATE OFFICIAL OR
    24         EMPLOYEE, UPON REQUEST, THE IDENTITY OF THE PRINCIPAL.
    25             (VI)  COMMIT A CRIMINAL OFFENSE ARISING FROM
    26         LOBBYING.
    27             (VII)  INFLUENCE OR ATTEMPT TO INFLUENCE, BY
    28         COERCION, BRIBERY OR THREAT OF ECONOMIC SANCTION, A STATE
    29         OFFICIAL OR EMPLOYEE IN THE DISCHARGE OF THE DUTIES OF
    30         OFFICE.
    20050H0700B4887                 - 82 -     

     1             (VIII)  EXTORT OR OTHERWISE UNLAWFULLY RETALIATE
     2         AGAINST A STATE OFFICIAL OR EMPLOYEE BY REASON OF THE
     3         STATE OFFICIAL'S OR EMPLOYEE'S POSITION WITH RESPECT TO,
     4         OR VOTE ON, ADMINISTRATIVE OR LEGISLATIVE ACTION.
     5             (IX)  ATTEMPT TO INFLUENCE A STATE OFFICIAL OR
     6         EMPLOYEE ON LEGISLATIVE OR ADMINISTRATIVE ACTION BY THE
     7         PROMISE OF FINANCIAL SUPPORT OR THE FINANCING OF
     8         OPPOSITION TO THE CANDIDACY OF THE STATE OFFICIAL OR
     9         EMPLOYEE AT A FUTURE ELECTION.
    10             (X)  ENGAGE IN CONDUCT WHICH BRINGS THE PRACTICE OF
    11         LOBBYING OR THE LEGISLATIVE OR EXECUTIVE BRANCHES OF
    12         STATE GOVERNMENT INTO DISREPUTE.
    13         (2)  THE COMMISSION MAY RECEIVE COMPLAINTS REGARDING
    14     VIOLATIONS OF THIS SUBSECTION. IF THE COMMISSION DETERMINES A
    15     VIOLATION OF THIS SUBSECTION HAS OCCURRED, THE COMMISSION,
    16     AFTER INVESTIGATION, NOTICE AND HEARING:
    17             (I)  SHALL IMPOSE AN ADMINISTRATIVE PENALTY IN AN
    18         AMOUNT NOT TO EXCEED $2,000; AND
    19             (II)  MAY PROHIBIT A LOBBYIST FROM LOBBYING FOR
    20         ECONOMIC CONSIDERATION FOR UP TO FIVE YEARS.
    21         (3)  THE COMMISSION:
    22             (I)  MAY, AS IT DEEMS APPROPRIATE, REFER AN ALLEGED
    23         VIOLATION OF THIS SUBSECTION TO THE ATTORNEY GENERAL FOR
    24         INVESTIGATION AND PROSECUTION; AND
    25             (II)  SHALL, IF THE SUBJECT OF THE COMPLAINT IS AN
    26         ATTORNEY AT LAW, REFER AN ALLEGED VIOLATION OF THIS
    27         SUBSECTION TO THE BOARD.
    28  § 1308-A.  ADMINISTRATION.
    29     (A)  ADVICE AND OPINIONS.--THE COMMISSION SHALL PROVIDE
    30  ADVICE AND OPINIONS UNDER SECTION 1107 (RELATING TO POWERS AND
    20050H0700B4887                 - 83 -     

     1  DUTIES OF COMMISSION) TO A LOBBYIST, A LOBBYING FIRM, A
     2  PRINCIPAL, THE DEPARTMENT, THE BOARD OR A STATE OFFICIAL OR
     3  EMPLOYEE, THAT SEEKS ADVICE REGARDING COMPLIANCE WITH THIS
     4  CHAPTER. A PERSON THAT ACTS IN GOOD FAITH BASED ON THE WRITTEN
     5  ADVICE OR OPINION OF THE COMMISSION SHALL NOT BE HELD LIABLE FOR
     6  A VIOLATION OF THIS CHAPTER IF THE MATERIAL FACTS ARE AS STATED
     7  IN THE REQUEST.
     8     (B)  FORMS.--THE DEPARTMENT SHALL PRESCRIBE REGISTRATION AND
     9  REPORTING FORMS TO BE USED UNDER THIS CHAPTER. THE FORMS SHALL
    10  BE AVAILABLE ON A PUBLICLY ACCESSIBLE INTERNET WEBSITE. ALL
    11  INFORMATION REQUESTED ON THE FORMS SHALL BE PROVIDED TO THE BEST
    12  OF THE KNOWLEDGE, INFORMATION AND BELIEF OF THE PERSON REQUIRED
    13  TO FILE AND SHALL BE SIGNED UNDER OATH OR EQUIVALENT
    14  AFFIRMATION.
    15     (C)  PUBLIC INSPECTION AND COPYING.--THE DEPARTMENT SHALL
    16  MAKE COMPLETED REGISTRATION STATEMENTS, EXPENSE REPORTS AND
    17  NOTICES OF TERMINATION, WHICH HAVE BEEN FILED WITH THE
    18  DEPARTMENT, AVAILABLE FOR PUBLIC INSPECTION AND PROVIDE COPIES
    19  OF THESE DOCUMENTS AT A PRICE NOT IN EXCESS OF THE ACTUAL COST
    20  OF COPYING. THE DEPARTMENT SHALL MAKE ALL REGISTRATIONS AND
    21  REPORTS AVAILABLE ON A PUBLICLY ACCESSIBLE INTERNET WEBSITE.
    22  DOCUMENTS MAINTAINED AND REPRODUCIBLE IN AN ELECTRONIC FORMAT
    23  SHALL BE PROVIDED IN THAT FORMAT UPON REQUEST.
    24     (D)  ANNUAL REPORTING.--
    25         (1)  THE DEPARTMENT SHALL PREPARE AND PUBLISH AN ANNUAL
    26     REPORT ON LOBBYING ACTIVITIES IN THIS COMMONWEALTH.
    27         (2)  THE DEPARTMENT SHALL AT LEAST ANNUALLY PUBLISH A
    28     LIST OF ALL OF THE FOLLOWING:
    29             (I)  REGISTERED PRINCIPALS. THE DEPARTMENT SHALL
    30         IDENTIFY AFFILIATED POLITICAL ACTION COMMITTEES AND
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     1         LOBBYING FIRMS AND LOBBYISTS THAT ARE REGISTERED TO LOBBY
     2         FOR THE PRINCIPAL.
     3             (II)  LOBBYING FIRMS AND LOBBYISTS NOT ASSOCIATED
     4         WITH LOBBYING FIRMS. THE DEPARTMENT SHALL IDENTIFY
     5         AFFILIATED POLITICAL ACTION COMMITTEES AND THE PRINCIPALS
     6         FOR WHOM THE LOBBYING FIRM OR LOBBYIST IS REGISTERED TO
     7         LOBBY.
     8             (III)  REGISTERED LOBBYISTS FOR EACH LOBBYING FIRM.
     9     (E)  RETENTION OF RECORDS.--COMPLETED REGISTRATION
    10  STATEMENTS, EXPENSE REPORTS AND NOTICES OF TERMINATION SHALL BE
    11  AVAILABLE FOR PUBLIC INSPECTION WITH THE DEPARTMENT FOR A FOUR-
    12  YEAR PERIOD COMMENCING ON THE DATE OF FILING.
    13     (F)  AUDITS.--THE FOLLOWING SHALL APPLY:
    14         (1)  EVERY TWO YEARS, THE SECRETARY OF THE COMMONWEALTH
    15     SHALL CONTRACT FOR THE SERVICES OF ONE OR MORE CERTIFIED
    16     PUBLIC ACCOUNTANTS OR CERTIFIED PUBLIC ACCOUNTING FIRMS. THE
    17     CONTRACT SHALL BE AWARDED IN A MANNER CONSISTENT WITH THE
    18     PROVISIONS OF 62 PA.C.S. PT. I (RELATING TO COMMONWEALTH
    19     PROCUREMENT CODE), AND NO CERTIFIED PUBLIC ACCOUNTANT OR
    20     CERTIFIED PUBLIC ACCOUNTING FIRM SHALL BE ELIGIBLE TO OBTAIN
    21     A CONTRACT FOR TWO SUCCESSIVE CONTRACT PERIODS.
    22         (2)  THE SECRETARY SHALL RANDOMLY SELECT, AT A PUBLIC
    23     DRAWING 60 DAYS FOLLOWING THE CLOSE OF EACH FOURTH QUARTER
    24     REPORTING PERIOD, 3% OF ALL COMPLETED REGISTRATIONS AND
    25     EXPENSE REPORTS FILED WITH THE DEPARTMENT UNDER THIS CHAPTER.
    26         (3)  THE CERTIFIED PUBLIC ACCOUNTANT SHALL CONDUCT THE
    27     AUDITS IN ACCORDANCE WITH GENERALLY ACCEPTED AUDITING
    28     STANDARDS AND SHALL TEST AS TO WHETHER EACH REGISTRATION OR
    29     EXPENSE REPORT IS MATERIALLY CORRECT.
    30         (4)  THE AUDIT REPORT AND FINDINGS SHALL BE CONFIDENTIAL,
    20050H0700B4887                 - 85 -     

     1     EXCEPT THAT THE DEPARTMENT SHALL MAKE AN AUDIT REPORT AND
     2     FINDINGS AVAILABLE TO THE COMMISSION IF THE COMMISSION IS
     3     INVESTIGATING AN ALLEGED VIOLATION OF THIS CHAPTER INVOLVING
     4     THE AUDITED REGISTRATION OR EXPENSE REPORT. THE COMMISSION
     5     SHALL INCLUDE THE RELEVANT PORTION OF AN AUDIT AS PART OF ITS
     6     FINDINGS OF FACT IN A COMMISSION ORDER WHICH RESULTS FROM AN
     7     INVESTIGATION ARISING OUT OF AN AUDIT.
     8     (G)  INVESTIGATION AND HEARINGS.--THE COMMISSION, THROUGH ITS
     9  EXECUTIVE DIRECTOR, MAY INITIATE AN INVESTIGATION AND HOLD A
    10  HEARING CONCERNING AN ALLEGED VIOLATION OF THIS CHAPTER BY A
    11  LOBBYIST OR PRINCIPAL IN ACCORDANCE WITH SECTIONS 1107 (RELATING
    12  TO POWERS AND DUTIES OF COMMISSION) AND 1108 (RELATING TO
    13  INVESTIGATIONS BY COMMISSION).
    14     (H)  DIRECTORY.--BY MAY 1 OF EACH ODD-NUMBERED YEAR, THE
    15  DEPARTMENT SHALL PRODUCE AND DISTRIBUTE A DIRECTORY OF ALL
    16  REGISTERED LOBBYISTS, INCLUDING PHOTOGRAPHS AND REGISTERED
    17  LOBBYING FIRMS. COPIES OF THE DIRECTORY SHALL BE MADE AVAILABLE
    18  TO THE PUBLIC AT A PRICE NOT TO EXCEED THE ACTUAL COST OF
    19  PRODUCTION. ALL REVENUE RECEIVED BY THE DEPARTMENT FROM THE
    20  SALES OF THE DIRECTORY SHALL BE DEPOSITED INTO THE FUND.
    21     (I)  COMPUTER FILE.--THE DEPARTMENT SHALL PROVIDE THE
    22  LEGISLATIVE DATA PROCESSING COMMITTEE DATA RELATING TO
    23  REGISTRATION STATEMENTS AND AMENDMENTS TO REGISTRATION
    24  STATEMENTS, EXPENSE REPORTS AND NOTICES OF TERMINATION. THE
    25  COMMITTEE SHALL MAKE INFORMATION UNDER THIS SUBSECTION AVAILABLE
    26  ON A PUBLICLY ACCESSIBLE INTERNET WEBSITE.
    27     (J)  INFLATION ADJUSTMENT.--ON A BIENNIAL BASIS COMMENCING IN
    28  JANUARY 2009, THE DEPARTMENT SHALL REVIEW THE THRESHOLD UNDER
    29  SECTION 1306-A (RELATING TO EXEMPTION FROM REGISTRATION AND
    30  REPORTING) FOR REGISTRATION UNDER SECTION 1304-A (RELATING TO
    20050H0700B4887                 - 86 -     

     1  REGISTRATION) AND THE THRESHOLD FOR REPORTING UNDER SECTION
     2  1305-A(D) (RELATING TO REPORTING) AND SHALL INCREASE THESE
     3  AMOUNTS TO RATES DEEMED REASONABLE FOR ASSURING APPROPRIATE
     4  DISCLOSURE. ON A BIENNIAL BASIS COMMENCING IN JANUARY 2009, THE
     5  DEPARTMENT SHALL REVIEW THE FILING FEE ESTABLISHED UNDER SECTION
     6  1310-A (RELATING TO REGISTRATION FEES; FUND ESTABLISHED; SYSTEM;
     7  REGULATIONS) AND MAY BY REGULATION ADJUST THIS AMOUNT IF THE
     8  DEPARTMENT DETERMINES THAT A HIGHER FEE IS NEEDED TO COVER THE
     9  COSTS OF CARRYING OUT THE PROVISIONS OF THIS CHAPTER. THE
    10  DEPARTMENT SHALL PUBLISH ADJUSTED AMOUNTS IN THE PENNSYLVANIA
    11  BULLETIN BY JUNE 1, 2009, AND BY JUNE 1 EVERY TWO YEARS
    12  THEREAFTER AS NECESSARY.
    13  § 1309-A.  PENALTIES.
    14     (A)  NOTICE OF ALLEGED NONCOMPLIANCE.--
    15         (1)  THE COMMISSION SHALL ISSUE A NOTICE OF ALLEGED
    16     NONCOMPLIANCE TO A PERSON THAT HAS FAILED TO REGISTER OR
    17     REPORT AS REQUIRED BY THIS CHAPTER.
    18         (2)  THE NOTICE SHALL STATE:
    19             (I)  THE NATURE OF THE ALLEGED NONCOMPLIANCE; AND
    20             (II)  THE ADMINISTRATIVE AND CRIMINAL PENALTIES FOR:
    21                 (A)  FAILURE TO REGISTER;
    22                 (B)  FAILURE TO FILE; OR
    23                 (C)  FILING A REPORT WHICH CONTAINS A FALSE
    24             STATEMENT OR WHICH IS INCOMPLETE.
    25         (3)  THE NOTICE SHALL ADVISE THAT IF THE PERSON DISAGREES
    26     WITH THE ALLEGED NONCOMPLIANCE, THE PERSON MAY APPEAL THE
    27     DETERMINATION BEFORE THE COMMISSION.
    28         (4)  THE NOTICE SHALL SET FORTH THE DEADLINE AND MANNER
    29     IN WHICH TO REQUEST A HEARING.
    30         (5)  IF THE PERSON DOES NOT REQUEST A HEARING IN
    20050H0700B4887                 - 87 -     

     1     ACCORDANCE WITH THE NOTICE, THE ALLEGED NONCOMPLIANCE SHALL
     2     BE DEEMED TO CONSTITUTE NONCOMPLIANCE WITH THIS CHAPTER AND
     3     THE COMMISSION SHALL IMPOSE A PENALTY IN ACCORDANCE WITH
     4     SUBSECTION (B)(3) OR (4).
     5     (B)  HEARING.--
     6         (1)  IF A HEARING IS REQUESTED, THE COMMISSION SHALL
     7     DETERMINE AT THE HEARING:
     8             (I)  WHETHER THE RECIPIENT OF THE NOTICE IS REQUIRED
     9         TO REGISTER OR REPORT UNDER THIS CHAPTER;
    10             (II)  WHETHER THE RECIPIENT OF THE NOTICE IS AN
    11         ATTORNEY AT LAW; AND
    12             (III)  WHETHER THE FAILURE TO REGISTER OR REPORT WAS
    13         NEGLIGENT OR INTENTIONAL.
    14         (2)  IF THE COMMISSION FINDS THAT FAILURE TO REGISTER OR
    15     REPORT WAS INTENTIONAL, IT SHALL REFER THE MATTER TO THE
    16     ATTORNEY GENERAL AND, IF THE PERSON IS AN ATTORNEY AT LAW, TO
    17     THE BOARD.
    18         (3)  IF THE COMMISSION FINDS THAT FAILURE TO REGISTER OR
    19     REPORT WAS NEGLIGENT, IT SHALL DETERMINE THE AMOUNT OF THE
    20     ADMINISTRATIVE PENALTY TO BE IMPOSED.
    21         (4)  A HEARING UNDER THIS SUBSECTION SHALL BE CONDUCTED
    22     BY THE COMMISSION IN ACCORDANCE WITH SECTIONS 1107(14)
    23     (RELATING TO POWERS AND DUTIES OF COMMISSION) AND 1108(E)
    24     (RELATING TO INVESTIGATIONS BY COMMISSION).
    25         (5)  APPEALS OF THE COMMISSION'S DETERMINATION SHALL BE
    26     IN ACCORDANCE WITH SECTION 1108(I). IF A COURT OF COMPETENT
    27     JURISDICTION DETERMINES THAT ANY COMPLAINT OR INVESTIGATION
    28     WHICH INVOLVES AN ATTORNEY AT LAW IS UNDER THE JURISDICTION
    29     OF THE BOARD, THE MATTER SHALL BE REFERRED BY THE COURT TO
    30     THE BOARD TO BE INVESTIGATED, CONSIDERED AND RESOLVED IN A
    20050H0700B4887                 - 88 -     

     1     MANNER CONSISTENT WITH THE RULES OF PROFESSIONAL CONDUCT.
     2     (C)  NEGLIGENT FAILURE TO REGISTER OR REPORT.--
     3         (1)  NEGLIGENT FAILURE TO REGISTER OR REPORT AS REQUIRED
     4     BY THIS CHAPTER IS PUNISHABLE BY AN ADMINISTRATIVE PENALTY
     5     NOT EXCEEDING $50 FOR EACH LATE DAY.
     6         (2)  AFTER A HEARING UNDER SUBSECTION (B), THE COMMISSION
     7     MAY, UPON THE MAJORITY VOTE OF ALL OF ITS MEMBERS, LEVY AN
     8     ADMINISTRATIVE PENALTY. THE TOTAL AMOUNT OF THE
     9     ADMINISTRATIVE PENALTY LEVIED SHALL NOT BE LIMITED BY ANY
    10     OTHER PROVISION OF LAW.
    11         (3)  THE COMMISSION SHALL NOTIFY THE BOARD OF ANY
    12     LOBBYIST OR PRINCIPAL WHO IS AN ATTORNEY AT LAW AGAINST WHOM
    13     A CIVIL PENALTY IS IMPOSED.
    14         (4)  THE COMMISSION HAS STANDING TO APPLY TO THE
    15     COMMONWEALTH COURT TO SEEK ENFORCEMENT OF AN ORDER IMPOSING
    16     AN ADMINISTRATIVE PENALTY UNDER THIS SECTION.
    17     (D)  FAILURE TO COMPLY AFTER NOTICE.--A PERSON THAT FAILS TO
    18  COMPLY WITH THE REQUIREMENTS OF THIS CHAPTER, AFTER NOTICE OF
    19  NONCOMPLIANCE AND AFTER A HEARING IF ONE IS REQUESTED, MAY BE
    20  PROHIBITED FROM LOBBYING FOR ECONOMIC CONSIDERATION FOR UP TO
    21  FIVE YEARS. THE PROHIBITION SHALL BE IMPOSED UNDER SUBSECTION
    22  (E)(4).
    23     (E)  INTENTIONAL VIOLATIONS.--
    24         (1)  A PERSON THAT INTENTIONALLY FAILS TO REGISTER OR
    25     REPORT AS REQUIRED BY THIS CHAPTER COMMITS A MISDEMEANOR OF
    26     THE SECOND DEGREE.
    27         (2)  A REGISTRANT WHO FILES A REPORT UNDER THIS CHAPTER
    28     WITH KNOWLEDGE THAT THE REPORT CONTAINS A FALSE STATEMENT OR
    29     IS INCOMPLETE COMMITS A MISDEMEANOR OF THE SECOND DEGREE.
    30         (3)  EXCEPT AS SET FORTH IN PARAGRAPH (1) OR (2), A
    20050H0700B4887                 - 89 -     

     1     PERSON THAT INTENTIONALLY VIOLATES THIS CHAPTER COMMITS A
     2     MISDEMEANOR OF THE THIRD DEGREE. IN ADDITION TO ANY OTHER
     3     PENALTIES IMPOSED UNDER THIS CHAPTER, THE COURT MAY IMPOSE A
     4     FINE NOT TO EXCEED $25,000 AGAINST A PRINCIPAL WHO IS FOUND
     5     GUILTY UNDER THIS PARAGRAPH.
     6         (4)  IN ADDITION TO ANY CRIMINAL PENALTIES IMPOSED UNDER
     7     THIS CHAPTER, THE COMMISSION MAY PROHIBIT A PERSON FROM
     8     LOBBYING FOR ECONOMIC CONSIDERATION FOR UP TO FIVE YEARS FOR
     9     CONDUCT WHICH CONSTITUTES AN OFFENSE UNDER THIS SUBSECTION.
    10     CRIMINAL PROSECUTION OR CONVICTION ARE NOT REQUIRED FOR THE
    11     IMPOSITION OF THE PROHIBITION AUTHORIZED BY THIS PARAGRAPH.
    12     THE COMMISSION SHALL NOT IMPOSE THE PROHIBITION UNDER THIS
    13     PARAGRAPH UNLESS THE PERSON HAS BEEN AFFORDED THE OPPORTUNITY
    14     FOR A HEARING WHICH SHALL BE CONDUCTED BY THE COMMISSION IN
    15     ACCORDANCE WITH SECTIONS 1107(14) AND 1108(E).
    16     (F)  ATTORNEYS.--NOTHING IN THIS CHAPTER SHALL BE CONSTRUED
    17  AS RESTRICTING THE BOARD'S AUTHORITY TO DISCIPLINE AN ATTORNEY
    18  AT LAW WHO IS ACTING AS A LOBBYIST OR PRINCIPAL.
    19     (G)  AFFIRMATIVE DEFENSE.--ANY OF THE FOLLOWING IS AN
    20  AFFIRMATIVE DEFENSE TO AN ACTION BROUGHT UNDER CHAPTER 11
    21  (RELATING TO ETHICS STANDARDS AND FINANCIAL DISCLOSURE) OR THIS
    22  CHAPTER:
    23         (1)  THE RESPONDENT OR DEFENDANT RELIED ON ADVICE AND
    24     OPINIONS OF THE COMMISSION.
    25         (2)  THE RESPONDENT OR DEFENDANT RELIED ON NOTICE UNDER
    26     SECTION 1305-A(B)(3)(IV).
    27         (3)  THE RESPONDENT OR DEFENDANT DID NOT RECEIVE NOTICE
    28     UNDER SECTION 1305-A(B)(3)(IV).
    29     (H)  CRIMINAL ENFORCEMENT.--IF THE DEPARTMENT OR COMMISSION
    30  HAS REASON TO BELIEVE AN INTENTIONAL VIOLATION OF THIS CHAPTER
    20050H0700B4887                 - 90 -     

     1  HAS BEEN COMMITTED, IT SHALL REFER ALL RELEVANT DOCUMENTS AND
     2  OTHER INFORMATION TO THE OFFICE OF ATTORNEY GENERAL AND, IF THE
     3  LOBBYIST OR PRINCIPAL IS AN ATTORNEY AT LAW, TO THE BOARD. THE
     4  ATTORNEY GENERAL SHALL HAVE EXCLUSIVE JURISDICTION TO PROSECUTE
     5  CRIMINAL VIOLATIONS UNDER THIS CHAPTER.
     6     (I)  ATTORNEY GENERAL.--IN ADDITION TO THE AUTHORITY
     7  CONFERRED UPON THE ATTORNEY GENERAL UNDER THE ACT OF OCTOBER 15,
     8  1980 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT,
     9  THE ATTORNEY GENERAL HAS THE AUTHORITY TO INVESTIGATE AND
    10  PROSECUTE A VIOLATION OF THIS CHAPTER.
    11  § 1310-A.  REGISTRATION FEES; FUND ESTABLISHED; SYSTEM;
    12             REGULATIONS.
    13     (A)  REGISTRATION FEES.--AT THE TIME OF REGISTRATION, A
    14  PERSON REQUIRED TO BE REGISTERED UNDER THIS CHAPTER SHALL PAY A
    15  BIENNIAL REGISTRATION FEE OF $100 TO THE DEPARTMENT.
    16     (B)  FUND.--
    17         (1)  THE LOBBYING DISCLOSURE FUND IS ESTABLISHED AS A
    18     SPECIAL FUND IN THE STATE TREASURY.
    19         (2)  MONEY RECEIVED FROM REGISTRATION FEES UNDER
    20     SUBSECTION (A) SHALL BE DEPOSITED IN THE FUND. MONEY
    21     REMAINING IN THE FUND ESTABLISHED UNDER FORMER 65 PA.C.S. §
    22     1310(B) SHALL BE TRANSFERRED TO THE FUND.
    23         (3)  MONEY DEPOSITED IN THE FUND IS APPROPRIATED TO THE
    24     DEPARTMENT AS A CONTINUING APPROPRIATION FOR THE EXCLUSIVE
    25     PURPOSE OF CARRYING OUT THIS CHAPTER.
    26     (C)  COMPUTERIZED FILING SYSTEM.--THE DEPARTMENT SHALL
    27  IMPLEMENT A FULLY ACCESSIBLE SYSTEM TO ACCOMMODATE THE USE OF
    28  COMPUTERIZED FILING. EACH REGISTRANT SHALL ELECT ON AN ANNUAL
    29  BASIS WHETHER THE REGISTRANT WILL FILE ALL OF THE DOCUMENTS
    30  REQUIRED BY THIS CHAPTER EITHER ELECTRONICALLY OR ON PAPER WITH
    20050H0700B4887                 - 91 -     

     1  THE DEPARTMENT.
     2     (D)  REGULATIONS.--
     3         (1)  A COMMITTEE COMPRISED OF THE CHAIRMAN OF THE
     4     COMMISSION, THE ATTORNEY GENERAL, THE CHIEF COUNSEL OF THE
     5     BOARD, THE SECRETARY OF THE COMMONWEALTH, AN INDIVIDUAL
     6     APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE, AN
     7     INDIVIDUAL APPOINTED BY THE MINORITY LEADER OF THE SENATE, AN
     8     INDIVIDUAL APPOINTED BY THE SPEAKER OF THE HOUSE OF
     9     REPRESENTATIVES, AN INDIVIDUAL APPOINTED BY THE MINORITY
    10     LEADER OF THE HOUSE OF REPRESENTATIVES, OR THEIR DESIGNEES,
    11     AND A LOBBYIST APPOINTED BY THE GOVERNOR SHALL HAVE AUTHORITY
    12     TO PROMULGATE REGULATIONS NECESSARY TO CARRY OUT THIS
    13     CHAPTER. THE ATTORNEY GENERAL SHALL BE CHAIRMAN OF THIS
    14     COMMITTEE. A VACANCY OCCURRING AMONG THE APPOINTED MEMBERS OF
    15     THE COMMITTEE SHALL BE FILLED IN THE SAME MANNER AS THE
    16     ORIGINAL APPOINTMENT. A COMMITTEE MEMBER WHO IS A MEMBER OF
    17     THE GENERAL ASSEMBLY SHALL SERVE FOR A TERM THAT IS
    18     COINCIDENT WITH THE MEMBER'S TERM OF OFFICE.
    19         (2)  THE COMMITTEE SHALL SUBMIT THE INITIAL PROPOSED
    20     REGULATIONS WITHIN 180 DAYS OF THE EFFECTIVE DATE OF THIS
    21     SECTION TO THE INDEPENDENT REGULATORY REVIEW COMMISSION UNDER
    22     SECTION 5 OF THE ACT OF JUNE 25, 1982 (P.L.633, NO.181),
    23     KNOWN AS THE REGULATORY REVIEW ACT.
    24         (3)  A MEETING AT WHICH THE COMMITTEE PLANS TO APPROVE
    25     PROPOSED REGULATIONS OR OTHER OFFICIAL ACTIONS SHALL BE HELD
    26     IN ACCORDANCE WITH CHAPTER 7 (RELATING TO OPEN MEETINGS).
    27         (4)  THE DEPARTMENT SHALL PROVIDE SUFFICIENT STAFF AND
    28     OTHER ADMINISTRATIVE SUPPORT TO ASSIST THE COMMITTEE.
    29         (5)  THE COMMITTEE SHALL PREPARE AND PUBLISH A MANUAL
    30     SETTING FORTH GUIDELINES FOR ACCOUNTING AND REPORTING.
    20050H0700B4887                 - 92 -     

     1         (6)  THE REGULATIONS AND MANUAL SHALL BE DRAFTED TO
     2     ACCOMMODATE THE USE OF COMPUTERIZED RECORDKEEPING, ELECTRONIC
     3     FILING OF REQUIRED REGISTRATIONS AND REPORTS UNDER THIS
     4     CHAPTER AND RETENTION OF REGISTRATION STATEMENTS AND REPORTS
     5     UNDER THIS CHAPTER BY ELECTRONIC MEANS.
     6  § 1311-A.  NONAPPLICABILITY.
     7     NOTHING IN THIS CHAPTER SHALL BE CONSTRUED TO AFFECT 18
     8  PA.C.S. § 7515 (RELATING TO CONTINGENT COMPENSATION).
     9     SECTION 4.  THE SECRETARY OF THE COMMONWEALTH SHALL TRANSMIT
    10  TO THE LEGISLATIVE REFERENCE BUREAU, FOR PUBLICATION IN THE
    11  PENNSYLVANIA BULLETIN, NOTICE OF FULL IMPLEMENTATION OF THE
    12  COMPUTERIZED FILING SYSTEM REQUIRED UNDER 65 PA.C.S. § 1310-
    13  A(C).
    14     SECTION 5.  ANY FUNDS REMAINING IN THE RESTRICTED RECEIPTS
    15  ACCOUNT CREATED UNDER 65 PA.C.S. § 1310(B) MAY BE UTILIZED BY
    16  THE DEPARTMENT OF STATE TO IMPLEMENT THE PROVISIONS OF 65
    17  PA.C.S. CH. XIII-A.
    18     SECTION 6.  THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
    19         (1)  THE FOLLOWING PROVISIONS SHALL TAKE EFFECT
    20     IMMEDIATELY:
    21             (I)  65 PA.C.S. § 1308-A(B) AND § 1310-A(D).
    22             (II)  THIS SECTION.
    23         (2)  THE REMAINDER OF THIS ACT SHALL TAKE EFFECT JANUARY
    24     1, 2007.




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