PRINTER'S NO. 2181
No. 1488 Session of 2008
INTRODUCED BY PICCOLA, BAKER, ORIE, FOLMER, WONDERLING, WAUGH,
ARMSTRONG, PIPPY AND RHOADES, JUNE 16, 2008
REFERRED TO STATE GOVERNMENT, JUNE 16, 2008
AN ACT
1 Amending Title 65 (Public Officers) of the Pennsylvania
2 Consolidated Statutes, in lobbying disclosure, further
3 providing for definitions, for reporting and for prohibited
4 activities.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Section 13A03 of Title 65 of the Pennsylvania
8 Consolidated Statutes is amended by adding a definition to read:
9 § 13A03. Definitions.
10 The following words and phrases when used in this chapter
11 shall have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 * * *
14 "Widely attended." An event which must contain an audience
15 of invitees of 50 or more people.
16 Section 2. Sections 13A05(b)(3), (4), (5), (6), (7) and (8)
17 and 13A07(f) of Title 65 are amended to read:
18 § 13A05. Reporting.
1 * * *
2 (b) Content.
3 * * *
4 [(3) The following apply:
5 (i) In addition to reporting the totals required
6 under this subsection, the expense report must identify,
7 by name, position and each occurrence, a State official
8 or employee who receives from a principal or lobbyist
9 anything of value which must be included in the statement
10 under section 1105(b)(6) or (7) (relating to statement of
11 financial interests) as implemented by section 1105(d).
12 (ii) For purposes of this chapter, the amount
13 referred to in section 1105(b)(7) shall be considered an
14 aggregate amount per year.
15 (iii) For purposes of this chapter, the amount
16 referred to in section 1105(b)(7) shall not include the
17 cost of a reception which the State official or employee
18 attends in connection with public office or employment.
19 (iv) Written notice must be given to each State
20 official or employee who is listed in an expense report
21 under this paragraph at least seven days prior to the
22 report's submission to the department. Notice under this
23 subparagraph shall include the information which will
24 enable the State official or employee to comply with
25 section 1105(b)(6) and (7). For purposes of this chapter
26 and Chapter 11 (relating to ethics standards and
27 financial disclosure), section 1105(b)(6) and (7) shall
28 constitute mutually exclusive categories. For each
29 category enumerated in paragraph (2)(i), each notice
30 shall include both the amount incurred during the quarter
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1 and the cumulative amount incurred from January 1 through
2 the end of the applicable quarter.
3 (v) This paragraph shall not apply to anything of
4 value received from immediate family when the
5 circumstances make it clear that motivation for the
6 action was the personal or family relationship.
7 (4) A lobbying firm or a lobbyist not associated with a
8 lobbying firm shall sign the reports submitted by each
9 principal for whom the lobbying firm or lobbyist is
10 registered to attest to the validity and accuracy to the best
11 of the attestor's knowledge. A lobbying firm or lobbyist may
12 attach a statement to the report of a principal, describing
13 the limits of the knowledge of the lobbying firm or lobbyist
14 concerning the information contained in the expense report.
15 (5) The expense report shall also include the name,
16 permanent business address and daytime telephone number of
17 any individual, association, corporation, partnership,
18 business trust or other business entity which contributed
19 more than 10% of the total resources received by the
20 principal during the reporting period.
21 (6) A lobbying firm or a lobbyist not associated with a
22 lobbying firm shall submit an expense report if during the
23 reporting period the lobbying firm or lobbyist engaged in
24 lobbying which was not contained in any expense report filed
25 by a principal or principals represented.
26 (7) A registered principal that attempts or that retains
27 a lobbying firm or lobbyist to attempt to influence an
28 agency's preparing, bidding, entering into or approving a
29 contract shall ensure that the related expenses are included
30 under paragraph (2).
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1 (8) A lobbying firm or a lobbyist not associated with a
2 lobbying firm shall submit a report if the lobbying firm or
3 lobbyist engaged in lobbying on behalf of any entity that is
4 exempt under section 13A06(7), (8), (9) or (10) (relating to
5 exemption from registration and reporting).]
6 * * *
7 § 13A07. Prohibited activities.
8 * * *
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.
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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 (xi) Provide or reimburse a State official or
14 employee with a gift, hospitality, lodging or travel
15 expenses, except a State official or employee may
16 receive:
17 (A) A plaque or decorative item recognizing an
18 individual for an accomplishment, a trinket or
19 memento of insignificant value.
20 (B) Complimentary admission or food or
21 refreshments at an event that is not recreational in
22 nature and is widely attended or was in good faith
23 intended to be widely attended when attendance at the
24 event is related to the State official's or
25 employee's duties or responsibilities as a State
26 official or employee or allows the State official or
27 employee to perform a ceremonial function appropriate
28 to the official's or employee's position.
29 (2) The commission may receive complaints regarding
30 violations of this subsection. If the commission determines a
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1 violation of this subsection has occurred, the commission,
2 after investigation, notice and hearing:
3 (i) shall impose an administrative penalty in an
4 amount not to exceed $2,000; and
5 (ii) may prohibit a lobbyist from lobbying for
6 economic consideration for up to five years.
7 (3) The commission:
8 (i) may, as it deems appropriate, refer an alleged
9 violation of this subsection to the Attorney General for
10 investigation and prosecution; and
11 (ii) shall, if the subject of the complaint is an
12 attorney at law, refer an alleged violation of this
13 subsection to the board.
14 Section 3. This act shall take effect in 60 days.
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