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PRIOR PRINTER'S NO. 1398
PRINTER'S NO. 2201
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1175
Session of
2017
INTRODUCED BY CUTLER, NEUMAN, MATZIE, B. MILLER, McNEILL,
HICKERNELL, ENGLISH, FEE, ROZZI, DeLUCA, D. COSTA, FREEMAN,
SOLOMON, WATSON, KAUFER, D. MILLER, ROE, MICCARELLI AND
JOZWIAK, APRIL 12, 2017
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 30, 2017
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, in lobbying disclosure, further
providing for registration, for reporting, for prohibited
activities, FOR ADMINISTRATION, for penalties and for
registration fees, fund established, system and regulations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 13A04(a), (d) and (e)(1), 13A05(a), (b)
(4), (6) and (8) and (d), 13A07(f)(2), 13A08(B), 13A09(c)(1) and
13A10(c) of Title 65 of the Pennsylvania Consolidated Statutes
are amended to read:
§ 13A04. Registration.
(a) General rule.--Unless excluded under section 13A06
(relating to exemption from registration and reporting), a
lobbyist, lobbying firm or a principal must register with the
department electronically using the computerized filing system
developed by the department that is consistent with the purposes
of this chapter within ten days of acting in any capacity as a
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lobbyist, lobbying firm or principal. Registration shall be
biennial and shall begin January 1, 2007.
* * *
(d) Amendments.--
(1) If there is a change of information required for the
registration statement under subsection (b)(1) or (2) or (c),
an amended registration statement shall be filed with the
department electronically using the computerized filing
system developed by the department that is consistent with
the purpose of this chapter within 14 days after the change
occurs.
(2) When there is a change in information required for
the registration statement under subsection (b)(3), an
amended registration statement shall be filed with the
department electronically using the computerized filing
system developed by the department that is consistent with
the purpose of this chapter within 14 days of the end of the
year in which the change occurs.
(e) Termination.--
(1) A lobbyist, lobbying firm or principal may terminate
registration by filing notice of termination with the
department[.] electronically using the computerized filing
system developed by the department that is consistent with
the purpose of this chapter.
* * *
§ 13A05. Reporting.
(a) General rule.--A registered principal shall, [under oath
or affirmation] SUBJECT TO THE PENALTIES UNDER 18 PA.C.S. § 4904
(RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES), file
quarterly expense reports with the department electronically
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using the computerized filing system developed by the department
that is consistent with the purpose of this chapter no later
than 30 days after the last day of the quarter.
(b) Content.--
* * *
(4) A lobbying firm or a lobbyist not associated with a
lobbying firm shall sign the reports electronically submitted
by each principal for whom the lobbying firm or lobbyist is
registered to attest to the validity and accuracy to the best
of the attestor's knowledge. A lobbying firm or lobbyist may
attach a statement to the electronic report of a principal,
describing the limits of the knowledge of the lobbying firm
or lobbyist concerning the information contained in the
expense report.
* * *
(6) A lobbying firm or a lobbyist not associated with a
lobbying firm shall submit an expense report electronically
using the computerized filing system developed by the
department that is consistent with the purpose of this
chapter if during the reporting period the lobbying firm or
lobbyist engaged in lobbying which was not contained in any
expense report filed by a principal or principals
represented.
* * *
(8) A lobbying firm or a lobbyist not associated with a
lobbying firm shall submit a report electronically using the
computerized filing system developed by the department that
is consistent with the purpose of this chapter if the
lobbying firm or lobbyist engaged in lobbying on behalf of
any entity that is exempt under section 13A06(7), (8), (9) or
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(10) (relating to exemption from registration and reporting).
* * *
(d) Thresholds for reporting.--An expense report required
under this section shall be filed electronically using the
computerized filing system developed by the department that is
consistent with the purpose of this chapter when total expenses
for lobbying exceed $2,500 for a registered principal in a
reporting period. In a reporting period in which total expenses
are $2,500 or less, a statement to that effect shall be filed
electronically using the computerized filing system developed by
the department that is consistent with the purpose of this
chapter.
* * *
§ 13A07. Prohibited activities.
* * *
(f) Unlawful acts.--
* * *
(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] $4,000; and
(ii) may prohibit a lobbyist from lobbying for
economic consideration for up to five years.
* * *
§ 13A08. ADMINISTRATION.
* * *
(B) FORMS.--THE DEPARTMENT SHALL PRESCRIBE REGISTRATION AND
REPORTING FORMS TO BE USED UNDER THIS CHAPTER. THE FORMS SHALL
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BE AVAILABLE ON A PUBLICLY ACCESSIBLE INTERNET WEBSITE. ALL
INFORMATION REQUESTED ON THE FORMS SHALL BE PROVIDED TO THE BEST
OF THE KNOWLEDGE, INFORMATION AND BELIEF OF THE PERSON REQUIRED
TO FILE AND SHALL BE SIGNED [UNDER OATH OR EQUIVALENT
AFFIRMATION] SUBJECT TO THE PENALTIES UNDER 18 PA.C.S. § 4904
(RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES).
* * *
§ 13A09. Penalties.
* * *
(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 for each late day.] the following:
(i) For the first ten late days, $50 for each late
day.
(ii) For each late day after the first ten late days
through the 20th late day, $100 for each late day.
(iii) For each late day after the first 20 late
days, $200 for each late day.
* * *
§ 13A10. Registration fees; fund established; system;
regulations.
* * *
(c) Computerized filing system.--The department shall
implement a fully accessible system to accommodate the use of
computerized filing. [Each registrant shall elect on an annual
basis whether the registrant will file all of the documents
required by this chapter either electronically or on paper with
the department.] The department shall post all filings on its
publicly accessible Internet website within seven days of
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receipt of the filing.
* * *
Section 2. This act shall take effect as follows:
(1) The amendment of 65 Pa.C.S. §§ 13A04(a), (d) and (e)
(1) and 13A05(a), (b)(4), (6) and (8) and (d) shall take
effect January 1, 2018.
(2) The remainder of this act shall take effect
immediately.
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