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A01218
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1175
Session of
2017
INTRODUCED BY CUTLER, NEUMAN, MATZIE, B. MILLER, McNEILL,
HICKERNELL, ENGLISH, FEE, ROZZI, DeLUCA, D. COSTA, FREEMAN,
SOLOMON, WATSON, KAUFER AND D. MILLER, APRIL 12, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 12, 2017
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, in lobbying disclosure, further
providing for definitions, for registration, for reporting,
for prohibited activities, for penalties and for registration
fees, fund established, system and regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 13A04(a), (d) and (e)(1), 13A05(a), (b)
(4), (6) and (8) and (d), 13A07(f)(2), 13A09(c)(1) and 13A10(c)
of Title 65 of the Pennsylvania Consolidated Statutes are
amended to read:
Section 1. Section 13A03 of Title 65 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 13A03. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Business with which a lobbyist is associated." A business
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in which a lobbyist is a director, officer, owner or employee or
has a financial interest which comprises more than 5% of the
equity of the business or more than 5% of the assets of the
economic interest in indebtedness.
"Campaign expenditure." An expenditure as defined in section
1621(d) of the Pennsylvania Election Code.
* * *
"Independent expenditure." As defined in section 1621(e) of
the Pennsylvania Election Code.
* * *
"Political consultant." An individual, association,
corporation, partnership, business trust or other entity that
receives a campaign expenditure, an independent expenditure or
any other expenditure that may be construed to influence the
electorate for political purposes as payment for services
procured for the purpose of influencing the outcome of an
election in this Commonwealth.
* * *
Section 2. Sections 13A04(a), (d) and (e)(1), 13A05(a), (b)
(4), (6) and (8) and (d) of Title 65 are amended to read:
§ 13A04. Registration.
(a) General rule.--Unless excluded under section 13A06
(relating to exemption from registration and reporting), 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 shall begin January 1, 2007.
* * *
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(d) Amendments.--
(1) If there is a change of information required for the
registration statement under subsection (b)(1) or (2) or (c),
an amended registration statement shall be filed with the
department electronically using the computerized filing
system developed by the department that is consistent with
the purpose of this chapter within 14 days after the change
occurs.
(2) When there is a change in information required for
the registration statement under subsection (b)(3), an
amended registration statement shall be filed with the
department electronically using the computerized filing
system developed by the department that is consistent with
the purpose of this chapter within 14 days of the end of the
year in which the change occurs.
(e) Termination.--
(1) A lobbyist, lobbying firm or principal may terminate
registration by filing notice of termination with the
department[.] electronically using the computerized filing
system developed by the department that is consistent with
the purpose of this chapter.
* * *
§ 13A05. Reporting.
(a) General rule.--A registered principal shall, under oath
or affirmation, file quarterly expense reports with the
department electronically using the computerized filing system
developed by the department that is consistent with the purpose
of this chapter no later than 30 days after the last day of the
quarter.
(b) Content.--
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* * *
(4) A lobbying firm or a lobbyist not associated with a
lobbying firm shall sign the reports electronically submitted
by each principal for whom the lobbying firm or lobbyist is
registered to attest to the validity and accuracy to the best
of the attestor's knowledge. A lobbying firm or lobbyist may
attach a statement to the electronic report of a principal,
describing the limits of the knowledge of the lobbying firm
or lobbyist concerning the information contained in the
expense report.
* * *
(6) A lobbying firm or a lobbyist not associated with a
lobbying firm shall submit an expense report electronically
using the computerized filing system developed by the
department that is consistent with the purpose of this
chapter if during the reporting period the lobbying firm or
lobbyist engaged in lobbying which was not contained in any
expense report filed by a principal or principals
represented.
* * *
(8) A lobbying firm or a lobbyist not associated with a
lobbying firm shall submit a report electronically using the
computerized filing system developed by the department that
is consistent with the purpose of this chapter if the
lobbying firm or lobbyist engaged in lobbying on behalf of
any entity that is exempt under section 13A06(7), (8), (9) or
(10) (relating to exemption from registration and reporting).
* * *
(d) Thresholds for reporting.--An expense report required
under this section shall be filed electronically using the
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computerized filing system developed by the department that is
consistent with the purpose of this chapter when total expenses
for lobbying exceed $2,500 for a registered principal in a
reporting period. In a reporting period in which total expenses
are $2,500 or less, a statement to that effect shall be filed
electronically using the computerized filing system developed by
the department that is consistent with the purpose of this
chapter.
* * *
Section 3. Section 13A07(f)(2) of Title 65 is amended and
the section is amended by adding a subsection to read:
§ 13A07. Prohibited activities.
* * *
(a.1) Political consultants.--A lobbyist, lobbying firm or
business with which a lobbyist is associated may not act as a
political consultant.
* * *
(f) Unlawful acts.--
* * *
(2) The commission may receive complaints regarding
violations of this subsection. If the commission determines a
violation of this subsection has occurred, the commission,
after investigation, notice and hearing:
(i) shall impose an administrative penalty in an
amount not to exceed [$2,000] $4,000; and
(ii) may prohibit a lobbyist from lobbying for
economic consideration for up to five years.
* * *
Section 4. Sections 13A09(c)(1) and 13A10(c) of Title 65 are
amended to read:
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§ 13A09. Penalties.
* * *
(c) Negligent failure to register or report.--
(1) Negligent failure to register or report as required
by this chapter is punishable by an administrative penalty
not exceeding [$50 for each late day.] the following:
(i) For the first ten late days, $50 for each late
day.
(ii) For each late day after the first ten late days
through the 20th late day, $100 for each late day.
(iii) For each late day after the first 20 late
days, $200 for each late day.
* * *
§ 13A10. Registration fees; fund established; system;
regulations.
* * *
(c) Computerized filing system.--The department shall
implement a fully accessible system to accommodate the use of
computerized filing. [Each registrant shall elect on an annual
basis whether the registrant will file all of the documents
required by this chapter either electronically or on paper with
the department.] The department shall post all filings on its
publicly accessible Internet website within seven days of
receipt of the filing.
* * *
Section 2 5. This act shall take effect as follows:
(1) The amendment of 65 Pa.C.S. §§ 13A04(a), (d) and (e)
(1) and 13A05(a), (b)(4), (6) and (8) and (d) shall take
effect January 1, 2018.
(2) The amendment or addition of 65 Pa.C.S. §§ 13A03 and
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13A07(a.1) shall take effect in 60 days.
(2) (3) The remainder of this act shall take effect
immediately.
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