THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY CUTLER, BOYD, CLYMER, CREIGHTON, DENLINGER, FREEMAN, GEIST, GINGRICH, GOODMAN, HICKERNELL, METCALFE, MILNE, MURT, QUINN, ROAE, SCAVELLO, SWANGER, TRUE AND VULAKOVICH, MAY 5, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 5, 2009  

AN ACT

Amending Title 65 (Public Officers) of the Pennsylvania

Consolidated Statutes, further providing for prohibited

activities and for penalties.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 13A07(f)(2) and 13A09(c)(1) and (e) of

Title 65 of the Pennsylvania Consolidated Statutes are amended

to read:

§ 13A07.  Prohibited activities.

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(f)  Unlawful acts.--

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(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] $10,000; and

(ii)  may prohibit a lobbyist from lobbying for

economic consideration for up to [five] ten years.

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§ 13A09.  Penalties.

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(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] $250 for each late day.

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(e)  Intentional violations.--

(1)  A person that intentionally fails to register or

report as required by this chapter commits a misdemeanor of

the [second] first degree.

(2)  A registrant who files a report under this chapter

with knowledge that the report contains a false statement or

is incomplete commits a misdemeanor of the [second] first 

degree.

(3)  Except as set forth in paragraph (1) or (2), a

person that intentionally violates this chapter commits a

misdemeanor of the [third] second degree. In addition to any

other penalties imposed under this chapter, the court may

impose a fine not to exceed [$25,000] $100,000 against a

principal who is found guilty under this paragraph.

(4)  In addition to any criminal penalties imposed under

this chapter, the commission may prohibit a person from

lobbying for economic consideration for up to [five] ten 

years for conduct which constitutes an offense under this

subsection. Criminal prosecution or conviction is not

required for the imposition of the prohibition authorized by

this paragraph. The commission shall not impose the

prohibition under this paragraph unless the person has been

afforded the opportunity for a hearing, which shall be

conducted by the commission in accordance with sections

1107(14) and 1108(e).

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Section 2.  This act shall take effect immediately.