PRIOR PRINTER'S NO. 2181 PRINTER'S NO. 2203
No. 1488 Session of 2008
INTRODUCED BY PICCOLA, BAKER, ORIE, FOLMER, WONDERLING, WAUGH,
ARMSTRONG, PIPPY AND RHOADES, JUNE 16, 2008
SENATOR PICCOLA, STATE GOVERNMENT, AS AMENDED, JUNE 17, 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 13A05(B)(2) AND (3) and 13A07(f) of Title 65 are amended to <--
18 read:
1 § 13A05. Reporting.
2 * * *
3 (b) Content.
4 * * *
5 (2) EACH EXPENSE REPORT SHALL INCLUDE THE TOTAL COSTS OF <--
6 ALL LOBBYING FOR THE PERIOD. THE TOTAL SHALL INCLUDE ALL
7 OFFICE EXPENSES, PERSONNEL EXPENSES, EXPENDITURES RELATED TO
8 [GIFTS, HOSPITALITY, TRANSPORTATION AND LODGING] ADMISSION,
9 FOOD OR REFRESHMENTS TO STATE OFFICIALS OR EMPLOYEES, AND ANY
10 OTHER LOBBYING COSTS. THE TOTAL AMOUNT REPORTED UNDER THIS
11 PARAGRAPH SHALL BE ALLOCATED IN ITS ENTIRETY AMONG THE
12 FOLLOWING CATEGORIES:
13 (I) THE COSTS FOR [GIFTS, HOSPITALITY,
14 TRANSPORTATION AND LODGING] ADMISSION, FOOD OR
15 REFRESHMENTS GIVEN TO OR PROVIDED TO STATE OFFICIALS OR
16 EMPLOYEES OR THEIR IMMEDIATE FAMILIES.
17 (II) THE COSTS FOR DIRECT COMMUNICATION.
18 (III) THE COSTS FOR INDIRECT COMMUNICATION.
19 (IV) EXPENSES REQUIRED TO BE REPORTED UNDER THIS
20 SUBSECTION SHALL BE ALLOCATED TO ONE OF THE THREE
21 CATEGORIES LISTED UNDER THIS SECTION AND SHALL NOT BE
22 INCLUDED IN MORE THAN ONE CATEGORY.
23 [(3) The following apply:
24 (i) In addition to reporting the totals required
25 under this subsection, the expense report must identify,
26 by name, position and each occurrence, a State official
27 or employee who receives from a principal or lobbyist
28 anything of value which must be included in the statement
29 under section 1105(b)(6) or (7) (relating to statement of
30 financial interests) as implemented by section 1105(d).
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1 (ii) For purposes of this chapter, the amount
2 referred to in section 1105(b)(7) shall be considered an
3 aggregate amount per year.
4 (iii) For purposes of this chapter, the amount
5 referred to in section 1105(b)(7) shall not include the
6 cost of a reception which the State official or employee
7 attends in connection with public office or employment.
8 (iv) Written notice must be given to each State
9 official or employee who is listed in an expense report
10 under this paragraph at least seven days prior to the
11 report's submission to the department. Notice under this
12 subparagraph shall include the information which will
13 enable the State official or employee to comply with
14 section 1105(b)(6) and (7). For purposes of this chapter
15 and Chapter 11 (relating to ethics standards and
16 financial disclosure), section 1105(b)(6) and (7) shall
17 constitute mutually exclusive categories. For each
18 category enumerated in paragraph (2)(i), each notice
19 shall include both the amount incurred during the quarter
20 and the cumulative amount incurred from January 1 through
21 the end of the applicable quarter.
22 (v) This paragraph shall not apply to anything of
23 value received from immediate family when the
24 circumstances make it clear that motivation for the
25 action was the personal or family relationship.] <--
26 * * * <--
27 (4) A lobbying firm or a lobbyist not associated with a <--
28 lobbying firm shall sign the reports submitted by each
29 principal for whom the lobbying firm or lobbyist is
30 registered to attest to the validity and accuracy to the best
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1 of the attestor's knowledge. A lobbying firm or lobbyist may
2 attach a statement to the report of a principal, describing
3 the limits of the knowledge of the lobbying firm or lobbyist
4 concerning the information contained in the expense report.
5 (5) The expense report shall also include the name,
6 permanent business address and daytime telephone number of
7 any individual, association, corporation, partnership,
8 business trust or other business entity which contributed
9 more than 10% of the total resources received by the
10 principal during the reporting period.
11 (6) A lobbying firm or a lobbyist not associated with a
12 lobbying firm shall submit an expense report if during the
13 reporting period the lobbying firm or lobbyist engaged in
14 lobbying which was not contained in any expense report filed
15 by a principal or principals represented.
16 (7) A registered principal that attempts or that retains
17 a lobbying firm or lobbyist to attempt to influence an
18 agency's preparing, bidding, entering into or approving a
19 contract shall ensure that the related expenses are included
20 under paragraph (2).
21 (8) A lobbying firm or a lobbyist not associated with a
22 lobbying firm shall submit a report if the lobbying firm or
23 lobbyist engaged in lobbying on behalf of any entity that is
24 exempt under section 13A06(7), (8), (9) or (10) (relating to
25 exemption from registration and reporting).]
26 * * *
27 § 13A07. Prohibited activities.
28 * * *
29 (f) Unlawful acts.--
30 (1) A lobbyist or principal may not:
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1 (i) Instigate the introduction of legislation for
2 the purpose of obtaining employment to lobby in
3 opposition to that legislation.
4 (ii) Knowingly counsel a person to violate this
5 chapter or any other Federal or State statute.
6 (iii) Engage in or counsel a person to engage in
7 fraudulent conduct.
8 (iv) Attempt to influence a State official or
9 employee on legislative or administrative action by
10 making or facilitating the making of a loan to the State
11 official or employee.
12 (v) While engaging in lobbying on behalf of the
13 principal, refuse to disclose to a State official or
14 employee, upon request, the identity of the principal.
15 (vi) Commit a criminal offense arising from
16 lobbying.
17 (vii) Influence or attempt to influence, by
18 coercion, bribery or threat of economic sanction, a State
19 official or employee in the discharge of the duties of
20 office.
21 (viii) Extort or otherwise unlawfully retaliate
22 against a State official or employee by reason of the
23 State official's or employee's position with respect to
24 or vote on administrative or legislative action.
25 (ix) Attempt to influence a State official or
26 employee on legislative or administrative action by the
27 promise of financial support or the financing of
28 opposition to the candidacy of the State official or
29 employee at a future election.
30 (x) Engage in conduct which brings the practice of
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1 lobbying or the legislative or executive branches of
2 State government into disrepute.
3 (xi) Provide or reimburse a State official or
4 employee with a gift, hospitality, lodging or travel
5 expenses, except a State official or employee may
6 receive:
7 (A) A plaque or decorative item recognizing an
8 individual for an accomplishment, a trinket or
9 memento of insignificant value.
10 (B) Complimentary admission or food or
11 refreshments at an event that is not recreational in
12 nature and is widely attended or was in good faith
13 intended to be widely attended when attendance at the
14 event is related to the State official's or
15 employee's duties or responsibilities as a State
16 official or employee or allows the State official or
17 employee to perform a ceremonial function appropriate
18 to the official's or employee's position.
19 (2) The commission may receive complaints regarding
20 violations of this subsection. If the commission determines a
21 violation of this subsection has occurred, the commission,
22 after investigation, notice and hearing:
23 (i) shall impose an administrative penalty in an
24 amount not to exceed $2,000; and
25 (ii) may prohibit a lobbyist from lobbying for
26 economic consideration for up to five years.
27 (3) The commission:
28 (i) may, as it deems appropriate, refer an alleged
29 violation of this subsection to the Attorney General for
30 investigation and prosecution; and
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1 (ii) shall, if the subject of the complaint is an
2 attorney at law, refer an alleged violation of this
3 subsection to the board.
4 Section 3. This act shall take effect in 60 days.
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