1Amend Bill, page 1, line 3, by inserting after "proposals"

2; and, in ethics in public contracting, providing for
3definitions and for disclosure of contributions by 
4contractors

5Amend Bill, page 1, by inserting after line 17

6Section 2. Title 62 is amended by adding sections to read:

7§ 2301.1. Definitions.

8The following words and phrases when used in this chapter
9shall have the meanings given to them in this section unless the
10context clearly indicates otherwise:

11"Affiliate." Any of the following:

12(1) A parent, subsidiary or otherwise affiliated entity
13of an applicant or a contractor.

14(2) An officer, director, associate, controlling
15shareholder, individual owner, partner or limited partner of
16an applicant or a contractor.

17(3) An officer, director, associate, controlling
18shareholder, individual owner, partner or limited partner of
19a parent, subsidiary or otherwise affiliated entity of an
20applicant or a contractor.

21(4) A political committee controlled by an applicant or
22a contractor.

23(5) A political committee controlled by a parent,
24subsidiary or otherwise affiliated entity of an applicant or
25a contractor.

26(6) A lobbyist or lobbying firm identified on an
27applicant's disclosure statement or a contractor's updated
28disclosure statement.

29(7) A member of the immediate family of an individual
30described in paragraphs (1), (2), (3), (4), (5) and (6).

31"Applicant." A bidder, offeror or other person seeking a 
32contract, which is to be awarded under section 513 (relating to 
33competitive sealed proposals), 514 (relating to small 
34procurements), 515 (relating to sole source procurement), 516 
35(relating to emergency procurement), 518 (relating to 
36competitive selection procedures for certain services) or 519 
37(relating to selection procedure for insurance and notary 

1bonds).

2"Elected official." An individual elected by the public to
3serve a term in an elective office. The term shall include an
4individual appointed to fill an unexpired term in an elective
5office.

6"Elective office." A position in a governmental body to
7which an individual is required under the Constitution of the
8Commonwealth or by State law to be elected by the public.

9"Immediate family." A parent, spouse, child, brother or 
10sister.

11"Lobbying." As defined in 65 Pa.C.S. § 13A03 (relating to
12definitions).

13"Lobbying firm." As defined in 65 Pa.C.S. § 13A03 (relating
14to definitions).

15"Lobbyist." As defined in 65 Pa.C.S. § 13A03 (relating to
16definitions).

17"Reportable contribution." Any of the following:

18(1) A contribution made by an applicant or contractor or
19an affiliate of an applicant or a contractor to:

20(i) a candidate for nomination or election to an
21elective office or to the candidate's political
22committee;

23(ii) an elected official or to the elected
24official's candidate political committee; or

25(iii) a political committee not described in
26subparagraph (i) with the purpose and intent that the
27political committee will, directly or indirectly, make
28the contribution available to a candidate for nomination
29or election to an elective office or to the candidate's
30political committee, or to an elected official or the
31elected official's candidate political committee.

32(2) A contribution made by a person to a candidate for
33nomination or election to an elective office or to the
34candidate's political committee, or to an elected official or
35to the elected official's candidate political committee, for
36which a person who is an applicant or contractor or any of
37their respective affiliates acts as an intermediary.

38§ 2304. Disclosure of contributions by contractors.

39(a) Initial disclosure requirements.--

40(1) No Commonwealth agency may award a contract to an 
41applicant under section 513 (relating to competitive sealed 
42proposals), 514 (relating to small procurements), 515 
43(relating to sole source procurement), 516 (relating to 
44emergency procurement), 518 (relating to competitive 
45selection procedures for certain services) or 519 (relating 
46to selection procedure for insurance and notary bonds) unless 
47the applicant has submitted to the agency a completed and 
48signed disclosure statement that sets forth the information 
49required under subsection (c) and is otherwise in compliance 
50with this section.

51(2) Except as provided in paragraph (3), an applicant

1shall submit a completed and signed disclosure statement to
2the agency with other bid or proposal materials relating to
3the contract on or prior to the time and date established by
4the agency for receipt of bids or proposals.

5(3) For contracts awarded under section 514, 515 or 516 
6that do not require the submission of bids or offers, an 
7applicant shall submit a completed disclosure statement as 
8directed by the agency, but prior to the agency's award of 
9the contract.

10(4) A bid or offer made without a completed and signed
11disclosure statement shall not be considered a responsive bid
12or offer.

13(b) Requirements to update disclosures.--

14(1) A contractor who has been awarded a contract under 
15section 513, 514, 515, 516, 518 or 519 shall, during the term 
16of the contract and for one year thereafter, submit an 
17updated disclosure statement to the agency within five days 
18following making a reportable contribution or learning that 
19an affiliate has made a reportable contribution. Each updated 
20disclosure statement shall include all reportable 
21contributions made since the date of the first disclosure 
22statement submitted.

23(2) Each contract awarded under section 513, 514, 515, 
24516, 518 or 519 shall contain a provision requiring the 
25contractor to submit an updated disclosure statement as 
26required under paragraph (1).

27(c) Form of disclosure statements.--

28(1) The Department of General Services shall develop a
29form of disclosure statement to be used by applicants and
30contractors under this section.

31(2) All invitations for bids, requests for proposals and 
32other agency communications with prospective contractors 
33regarding a contract awarded under section 513, 514, 515, 
34516, 518 or 519 shall include a disclosure statement form and 
35information regarding the disclosure requirements of this 
36section.

37(3) The Department of General Services and the
38Department of State shall post the disclosure statement form
39and information regarding the disclosure requirements of this
40section on their respective publicly accessible Internet
41websites and shall otherwise make the forms and information
42available upon request.

43(d) Content of disclosure statements and updates.--Each
44disclosure statement submitted pursuant to subsection (a) shall
45include the following information:

46(1) The name, business address and telephone number of
47the applicant or contractor.

48(2) The contract number or other identifying information
49regarding the contract sought by the applicant or awarded to
50the contractor.

51(3) The names, business addresses and telephone numbers

1of all lobbyists and lobbying firms paid by the applicant to
2lobby a Commonwealth agency to influence the awarding of a
3contract within one year prior to the date of an applicant's
4bid, offer or proposal.

5(4) A list of all reportable contributions made within
6two years prior to the date of the applicant's bid, offer or
7proposal. For each reportable contribution made, the
8applicant shall identify the recipient of the contribution
9and the date and amount of the contribution.

10(5) All fundraising events hosted by an applicant or any
11of the applicant's affiliates within two years prior to the
12date of the applicant's bid, offer or proposal for the
13purpose of soliciting or receiving reportable contributions
14and the date and amount of reportable contributions solicited
15or received at each event. An updated disclosure statement
16shall be submitted during the term of a contract within five
17days following a fundraising event described in this
18paragraph hosted by a contractor or an affiliate of a
19contractor.

20(6) The name, business address and telephone number of
21all subcontractors which the applicant intends to use on the
22contract or which the contractor is using on the contract.

23(e) Posting of disclosure statements and updates.--

24(1) A Commonwealth agency shall promptly transmit to the
25Department of State a copy of the disclosure statement and
26each updated disclosure statement it receives from an
27applicant or a contractor under this section.

28(2) The Department of State shall post each disclosure
29statement and each updated disclosure statement received
30under this section on its publicly accessible Internet
31website no later than five days after the disclosure
32statement or update has been received by the department. Each
33disclosure statement and related updates shall remain posted
34for a period of time encompassing the length of the contract
35and one year thereafter. To the extent practicable, each
36disclosure statement and related updates shall be posted
37together.

38(3) The Department of State shall also make disclosure
39statements and updated disclosure statements received under
40this section available for public inspection and copying.

41(f) Penalties.--An applicant or contractor who makes a 
42material misstatement or omission in a disclosure statement or 
43updated disclosure statement may be debarred or suspended under 
44section 531 (relating to debarment or suspension).

45(g) Application of section.--This section shall apply to
46bids, offers or proposals that are solicited on or after the
47effective date of this section.

48Amend Bill, page 2, line 1, by striking out "2" and inserting

49 3

1Amend Bill, page 2, line 1, by striking out "in 60 days" and 
2inserting

3 immediately