PRINTER'S NO. 1701
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1151
Session of
2018
INTRODUCED BY BREWSTER, FONTANA, FARNESE AND COSTA,
APRIL 24, 2018
REFERRED TO STATE GOVERNMENT, APRIL 24, 2018
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, in lobbying disclosure, further
providing for registration, for prohibited activities and for
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 13A04(a) of Title 65 of the Pennsylvania
Consolidated Statutes, amended February 14, 2018 (P.L.2, No.2),
is amended and the section is amended by adding a subsection to
read:
§ 13A04. Registration.
(a) General rule.--Unless excluded under section 13A06
(relating to exemption from registration and reporting), and
subject to the requirements under subsection (f), a lobbyist,
lobbying firm or a principal must register with the department
electronically using the computerized filing system developed by
the department that is consistent with the purposes of this
chapter within ten days of acting in any capacity as a lobbyist,
lobbying firm or principal. Registration shall be biennial and
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shall begin January 1, 2007.
* * *
(f) Training.--
(1) Each individual who is a lobbyist and each
individual named on a principal's or lobbying firm's
registration statement under subsection (b)(1)(vii) shall, as
a condition of initial registration under this chapter and
biennially thereafter as a condition of continued
registration, complete a training session developed or
approved by the department that addresses the public official
and employee restricted activities under section 1103(b)
(relating to restricted activities), prohibited lobbyist
activities under section 13A07 (relating to prohibited
activities) and the prevention of discrimination and
harassment, including sexual harassment.
(2) Documentation satisfactory to the department
evidencing completion of the training required under
paragraph (1) shall be submitted with the filing of an
initial registration statement and each renewal registration
statement.
Section 2. Section 13A07(f)(1) of Title 65 is amended by
adding a subparagraph to read:
§ 13A07. Prohibited activities.
* * *
(f) Unlawful acts.--
(1) A lobbyist or principal may not:
* * *
(xi) Engage in discriminatory or harassing practices
prohibited by law.
* * *
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Section 3. Section 13A09(a)(1) and (2) and (b)(1) of Title
65 are amended and subsection (b) is amended by adding a
paragraph to read:
§ 13A09. Penalties.
(a) Notice of alleged noncompliance.--
(1) The commission shall issue a notice of alleged
noncompliance to a person that has failed to register [or],
report or complete training as required by this chapter.
* * *
(2) The notice shall state:
(i) the nature of the alleged noncompliance; and
(ii) the administrative and criminal penalties for:
(A) failure to register;
(B) failure to file; [or]
(C) filing a report which contains a false
statement or which is incomplete[.]; or
(D) failure to complete the training or submit
the documentation required under section 13A04
(relating to registration).
* * *
(b) Hearing.--
(1) If a hearing is requested, the commission shall
determine at the hearing:
(i) whether the recipient of the notice is required
to register or report under this chapter;
(ii) whether the recipient of the notice is an
attorney at law; [and]
(iii) whether the failure to register or report was
negligent or intentional[.]; and
(iv) whether the registrant receiving the notice
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issued under subsection (a) failed to complete the
training or submit the documentation required under
section 13A04(f).
* * *
(3.1) If the commission finds that a failure to complete
the training or submit the documentation required under
section 13A04(f) occurred, the commission shall determine the
amount of the administrative penalty to be imposed. The
administrative penalty shall not exceed $1,000.
* * *
Section 4. This act shall take effect in 90 days.
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