THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FARNESE, BROWNE, FONTANA, WAUGH, COSTA, STACK, BREWSTER, GREENLEAF, EARLL, M. WHITE AND WILLIAMS, MARCH 23, 2011

REFERRED TO STATE GOVERNMENT, MARCH 23, 2011  

AN ACT

Amending Title 62 (Procurement) of the Pennsylvania Consolidated

Statutes, providing for limitations on political

contributions by contractors.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Chapter 5 of Title 62 of the Pennsylvania

Consolidated Statutes is amended by adding a subchapter to read:

SUBCHAPTER H

LIMITATIONS ON POLITICAL CONTRIBUTIONS BY CONTRACTORS

Sec.

571.  Reporting of political contribution.

572.  Political contribution limitations.

§ 571.  Reporting of political contribution.

(a)  General rule.--Any contractor bidding for a contract

under sections 512.1 (relating to competitive electronic auction

bidding), 513 (relating to competitive sealed proposals), 514

(relating to small procurements), 515 (relating to sole source

procurement), 516 (relating to emergency procurement), 517

(relating to multiple awards), 518 (relating to competitive

selection procedures for certain services), 519 (relating to

selection procedure for insurance and notary bonds), 520

(relating to supplies manufactured and services performed by

persons with disabilities) and 905 (relating to procurement of

design professional services) shall be required to submit, on a

form provided by the department, information on political

contributions made to any elected official holding a State

office, the contractor's political action committee or political

action committees which make contributions to campaigns for

State-elected offices. For purposes of this section, the

officials shall include the Governor, Auditor General, Attorney

General, State Treasurer, the members of the judiciary and the

members of the General Assembly.

(b)  Lobbyist registration.--In addition to the reporting

requirements provided under subsection (a), the contractor shall

also provide a notarized written declaration, on a form provided

by the department, that any lobbyist that the contractor has

hired to represent the contractor's interest is registered in

accordance with 65 Pa.C.S. Ch. 13A (relating to lobbying

disclosure).

(c)  Public review.--Any information submitted under this

section shall be available for public review as provided under

the act of February 14, 2008 (P.L.6, No.3), known as the Right-

to-Know Law.

§ 572.  Political contribution limitations.

(a)  General rule.--Any contractor bidding for a contract

under section 512.1 (relating to competitive electronic auction

bidding), 513 (relating to competitive sealed proposals), 514

(relating to small procurements), 515 (relating to sole source

procurement), 516 (relating to emergency procurement), 517

(relating to multiple awards), 518 (relating to competitive

selection procedures for certain services), 519 (relating to

selection procedure for insurance and notary bonds), 520

(relating to supplies manufactured and services performed by

persons with disabilities) or 905 (relating to procurement of

design professional services) shall not be awarded a contract

under this section if any political contributions made and

reported under section 571 (relating to reporting of political

contribution) exceed the following limits:

(1)  Contributions to candidate - $2,400 per election.

(2)  Contributions to a business entity or political

action committee supporting a candidate - $5,000 per

election.

(b)  Limitation increase.--The limitations provided in

subsection (a) shall be increased for inflation in each odd-

numbered year, based upon the Consumer Price Index for All Urban

Consumers.

Section 2.  This act shall take effect in 60 days.