PRINTER'S NO. 872
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
793
Session of
2017
INTRODUCED BY DAVIS, MACKENZIE, THOMAS, McNEILL, KAUFER,
SAMUELSON, D. MILLER, NEILSON, DeLUCA, MADDEN, BARRAR, KEEFER
AND METCALFE, MARCH 10, 2017
REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 10, 2017
AN ACT
Prohibiting the use of taxpayer funds for certain contracts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Prohibited
Contracts Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commonwealth agency." An executive agency, legislative
agency, judicial agency, independent agency or State-affiliated
entity.
"Executive agency."
(1) Any of the following:
(i) The Governor and the departments, boards,
commissions, authorities and other officers and agencies
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of the executive branch.
(ii) The State Treasurer and the Treasury
Department.
(iii) The Auditor General and the Department of the
Auditor General.
(iv) The Attorney General and the Office of Attorney
General.
(2) The term does not include a judicial agency,
legislative agency, independent agency, State-affiliated
entity, State-related institution, political subdivision or
local, regional or metropolitan transportation authority.
"Governmental body." A department, authority, commission,
committee, council, board, bureau, division, service, office,
officer, administration, legislative body or other establishment
in the executive, legislative or judicial branch of the
Commonwealth.
"Independent agency." A board, commission or other agency or
officer of the Commonwealth that is not subject to the policy
supervision and control of the Governor. The term does not
include an executive agency, judicial agency, legislative
agency, State-affiliated entity, State-related institution,
political subdivision or local, regional or metropolitan
transportation authority.
"Judicial agency." A court of the Commonwealth or any other
entity, office or officer of the unified judicial system. The
term does not include an executive agency, independent agency,
legislative agency, State-affiliated entity, State-related
institution, political subdivision or local, regional or
metropolitan transportation authority.
"Legislative agency."
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(1) Any of the following:
(i) The Senate and a member thereof.
(ii) The House of Representatives and a member
thereof.
(iii) Another agency or officer of the General
Assembly.
(2) The term does not include an executive agency,
independent agency, judicial agency, State-affiliated entity,
State-related institution, political subdivision or local,
regional or metropolitan transportation authority.
"Lobbying." As defined in 65 Pa.C.S. § 13A03 (relating to
definitions).
"Lobbying firm." As defined in 65 Pa.C.S. § 13A03.
"Lobbyist." As defined in 65 Pa.C.S. § 13A03. The term shall
not include an individual exempt from the registration and
reporting requirements of 65 Pa.C.S. § 13A06(1), (7), (8) or
(10) (relating to exemption from registration and reporting).
"Public funds." Money collected, received or held by, for or
on account of a governmental body.
"State-affiliated entity." A Commonwealth authority or
Commonwealth entity. The term includes the Pennsylvania Turnpike
Commission, the Pennsylvania Housing Finance Agency, the
Pennsylvania Municipal Retirement Board, the Pennsylvania
Infrastructure Investment Authority, the State Public School
Building Authority, the Pennsylvania Higher Educational
Facilities Authority and the State System of Higher Education
and any member or officer of those entities. The term does not
include an executive agency, independent agency, legislative
agency, judicial agency, State-related institution, political
subdivision or local, regional or metropolitan transportation
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authority.
"State-related institution." The Pennsylvania State
University, the University of Pittsburgh, Lincoln University and
Temple University.
Section 3. Prohibited contracts.
(a) General rule.--A Commonwealth agency may not enter into
a contract with, or otherwise expend public funds for the
services of, a lobbyist or lobbying firm in order to lobby
another Commonwealth agency.
(b) Effect.--A contract entered into in violation of this
section after the effective date of this section shall be void.
Section 4. Effective date.
This act shall take effect immediately.
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