PRINTER'S NO.  915

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

877

Session of

2011

  

  

INTRODUCED BY DePASQUALE, STURLA, BRIGGS, CALTAGIRONE, COHEN, D. COSTA, DALEY, DAVIS, DEASY, DeLUCA, J. EVANS, FABRIZIO, FREEMAN, GIBBONS, GINGRICH, GOODMAN, HARKINS, HORNAMAN, JOSEPHS, KAVULICH, KORTZ, MOUL, MURPHY, MURT, M. O'BRIEN, SANTARSIERO, SCHRODER, M. SMITH, STABACK, THOMAS, TRUITT AND WHITE, MARCH 1, 2011

  

  

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 1, 2011  

  

  

  

AN ACT

  

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Amending the act of June 3, 1937 (P.L.1333, No.320), entitled

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"An act concerning elections, including general, municipal,

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special and primary elections, the nomination of candidates,

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primary and election expenses and election contests; creating

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and defining membership of county boards of elections;

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imposing duties upon the Secretary of the Commonwealth,

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courts, county boards of elections, county commissioners;

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imposing penalties for violation of the act, and codifying,

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revising and consolidating the laws relating thereto; and

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repealing certain acts and parts of acts relating to

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elections," providing for disclosure of contributions by

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contractors.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  The act of June 3, 1937 (P.L.1333, No.320), known

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as the Pennsylvania Election Code, is amended by adding a

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section to read:

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Section 1641.1.  Disclosure of Contributions by

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Contractors.--

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(a)  The following shall apply regarding contract awards:

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(1)  No Commonwealth agency may award a contract to an

 


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applicant under 62 Pa.C.S. §§ 513 (relating to competitive

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sealed proposals), 514 (relating to small procurements), 515

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(relating to sole source procurement), 516 (relating to

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emergency procurement), 518 (relating to competitive selection

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procedures for certain services) or 519 (relating to selection

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procedure for insurance and notary bonds) unless the applicant

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has submitted to the agency a completed and signed disclosure

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statement that sets forth the information required under

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subsection (c) and is otherwise in compliance with this section.

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

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submit a completed and signed disclosure statement to the agency

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with other bid or proposal materials relating to the contract on

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or prior to the time and date established by the agency for

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receipt of bids or proposals.

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(3)  For contracts awarded under 62 Pa.C.S. §§ 514, 515 or

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516 that do not require the submission of bids or offers, an

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applicant shall submit a completed disclosure statement as

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directed by the agency, but prior to the agency's award of the

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contract.

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(4)  A bid or offer made without a completed and signed

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disclosure statement shall not be considered a responsive bid or

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offer.

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(b)  The following shall apply regarding disclosure updates:

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(1)  A contractor who has been awarded a contract under 62

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Pa.C.S. §§ 513, 514, 515, 516, 518 or 519 shall, during the term

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of the contract and for one year thereafter, submit an updated

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disclosure statement to the agency within five days following

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making a reportable contribution or learning that an affiliate

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has made a reportable contribution. Each updated disclosure

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statement shall include all reportable contributions made since

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the date of the first disclosure statement submitted.

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(2)  Each contract awarded under 62 Pa.C.S. §§ 513, 514, 515,

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518 or 519 shall contain a provision requiring the contractor to

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submit an updated disclosure statement as required under

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paragraph (1).

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(c)  The following shall apply regarding disclosure

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requirements:

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(1)  The Department of General Services shall develop a form

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of disclosure statement to be used by applicants and contractors

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under this section.

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(2)  All invitations for bids, requests for proposals and

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other agency communications with prospective contractors

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regarding a contract awarded under 62 Pa.C.S. §§ 513, 514, 515,

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516, 518 or 519, shall include a disclosure statement form and

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information regarding the disclosure requirements of this

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section.

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(3)  The Department of General Services and the Department of

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State shall post the disclosure statement form and information

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regarding the disclosure requirements of this section on their

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respective publicly accessible Internet websites and shall

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otherwise make the forms and information available upon request.

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(d)  The following shall apply to content of disclosure

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statements and updates:

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(1)  Each disclosure statement submitted pursuant to

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subsection (a) shall include the following information:

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(i)  The name, business address and telephone number of the

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applicant or contractor.

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(ii)  The contract number or other identifying information

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regarding the contract sought by the applicant or awarded to the

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contractor.

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(iii)  The names, business addresses and telephone numbers of

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all lobbyists and lobbying firms paid by the applicant to lobby

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a Commonwealth agency to influence the awarding of a contract

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within one year prior to the date of an applicant's bid, offer

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or proposal.

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(iv)  A list of all reportable contributions made within two

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years prior to the date of the applicant's bid, offer or

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proposal. For each reportable contribution made, the applicant

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shall identify the recipient of the contribution and the date

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and amount of the contribution.

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(v)  All fundraising events hosted by an applicant or any of

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the applicant's affiliates within two years prior to the date of

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the applicant's bid, offer or proposal for the purpose of

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soliciting or receiving reportable contributions and the date

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and amount of reportable contributions solicited or received at

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each event. An updated disclosure statement shall be submitted

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during the term of a contract within five days following a

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fundraising event described in this subclause hosted by a

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contractor or an affiliate of a contractor.

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(vi)  The name, business address and telephone number of all

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subcontractors which the applicant intends to use on the

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contract or which the contractor is using on the contract.

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(2)  (Reserved).

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(e)  The following shall apply to disclosure statements and

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updates to be posted:

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(1)  A Commonwealth agency shall promptly transmit to the

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Department of State a copy of the disclosure statement and each

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updated disclosure statement it receives from an applicant or

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contractor under this section.

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(2)  The Department of State shall post each disclosure

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statement and each updated disclosure statement received under

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this section on its publicly accessible Internet website no

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later than five days after the disclosure statement or update

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has been received by the department. Each disclosure statement

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and related updates shall remain posted for a period of time

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encompassing the length of the contract and one year thereafter.

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To the extent practicable, each disclosure statement and related

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updates shall be posted together.

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(3)  The Department of State shall also make disclosure

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statements and updated disclosure statements received under this

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section available for public inspection and copying.

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(f)  An applicant or contractor who makes a material

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misstatement or omission in a disclosure statement or updated

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disclosure statement may be debarred or suspended under 62

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Pa.C.S. § 531 (relating to debarment or suspension).

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(g)  This section shall apply to bids, offers or proposals

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that are solicited on or after the effective date of this

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section.

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(h)  As used in this section, the following words and phrases

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shall have the meanings given to them in this subsection:

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"Affiliate."  Any of the following:

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(1)  A parent, subsidiary or otherwise affiliated entity of

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an applicant or a contractor.

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(2)  An officer, director, associate, controlling

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shareholder, individual owner, partner or limited partner of an

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applicant or a contractor.

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(3)  An officer, director, associate, controlling

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shareholder, individual owner, partner or limited partner of a

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parent, subsidiary or otherwise affiliated entity of an

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applicant or a contractor.

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(4)  A political committee controlled by an applicant or a

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contractor.

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(5)  A political committee controlled by a parent, subsidiary

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or otherwise affiliated entity of an applicant or a contractor.

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(6)  A lobbyist or lobbying firm identified on an applicant's

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disclosure statement or a contractor's updated disclosure

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statement.

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(7)  A member of the immediate family of an individual

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described in clauses (1), (2), (3), (4), (5) and (6).

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"Applicant."  A bidder, offeror or other person seeking a

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contract, which is to be awarded under 62 Pa.C.S. §§ 513 

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(relating to competitive sealed proposals), 514 (relating to

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small procurements), 515 (relating to sole source procurement),

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516 (relating to emergency procurement), 518 (relating to

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competitive selection procedures for certain services) or 519

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(relating to selection procedure for insurance and notary

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bonds).

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"Bidder."  As defined in 62 Pa.C.S. § 103 (relating to

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definitions).

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"Commonwealth agency."  As defined in 62 Pa.C.S. § 103 

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(relating to definitions).

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"Contract."  As defined in 62 Pa.C.S. § 103 (relating to

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definitions).

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"Contractor."  As defined in 62 Pa.C.S. § 103 (relating to

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definitions).

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"Elected official."  An individual elected by the public to

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serve a term in an elective office. The term shall include an

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individual appointed to fill an unexpired term in an elective

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office.

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"Elective office."  A position in a governmental body to

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which an individual is required under the Constitution of the

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Commonwealth or by State law to be elected by the public.

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"Immediate family."  A parent, spouse, child, brother or

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sister.

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

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definitions).

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

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to definitions).

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

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definitions).

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"Offeror."  As defined in 62 Pa.C.S. § 103 (relating to

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definitions).

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"Reportable contribution."  Any of the following:

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(1)  A contribution made by an applicant or contractor or an

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affiliate of an applicant or a contractor to:

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(i)  a candidate for nomination or election to an elective

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office or to the candidate's political committee;

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(ii)  an elected official or to the elected official's

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candidate political committee; or

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(iii)  a political committee not described in subclause (i)

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with the purpose and intent that the political committee will,

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directly or indirectly, make the contribution available to a

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candidate for nomination or election to an elective office or to

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the candidate's political committee, or to an elected official

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or the elected official's candidate political committee.

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(2)  A contribution made by a person to a candidate for

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nomination or election to an elective office or to the

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candidate's political committee, or to an elected official or to

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the elected official's candidate political committee, for which

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a person who is an applicant or contractor or any of their

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respective affiliates acts as an intermediary.

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Section 2.  This act shall take effect in 60 days.

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