PRINTER'S NO. 387
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
387
Session of
2017
INTRODUCED BY FARNESE, GREENLEAF, BLAKE, FOLMER, YUDICHAK,
COSTA, HAYWOOD AND BREWSTER, FEBRUARY 16, 2017
REFERRED TO STATE GOVERNMENT, FEBRUARY 16, 2017
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, in source selection and contract formation,
providing for limitations on political contributions by
contractors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 5 of Title 62 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER H
LIMITATIONS ON POLITICAL CONTRIBUTIONS BY CONTRACTORS
Sec.
571. Reporting of political contribution.
572. Political contribution limitations.
§ 571. Reporting of political contribution.
(a) General rule.--A contractor bidding for a contract under
sections 512.1 (relating to competitive electronic auction
bidding), 513 (relating to competitive sealed proposals), 514
(relating to small procurements), 515 (relating to sole source
procurement), 516 (relating to emergency procurement), 517
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(relating to multiple awards), 518 (relating to competitive
selection procedures for certain services), 519 (relating to
selection procedure for insurance and notary bonds), 520
(relating to supplies manufactured and services performed by
persons with disabilities) and 905 (relating to procurement of
design professional services) shall be required to submit, on a
form provided by the department, information on political
contributions made to an elected official holding a State
office, the contractor's political action committee or a
political action committee that makes contributions to campaigns
for State-elected offices. For purposes of this section, the
officials shall include the Governor, Auditor General, Attorney
General, State Treasurer, members of the judiciary and members
of the General Assembly.
(b) Lobbyist registration.--In addition to the reporting
requirements provided under subsection (a), the contractor shall
provide a notarized, written declaration, on a form provided by
the department, that any lobbyist that the contractor has hired
to represent the contractor's interest is registered in
accordance with 65 Pa.C.S. Ch. 13A (relating to lobbying
disclosure).
(c) Public review.--Any information submitted under this
section shall be available for public review as provided under
the act of February 14, 2008 (P.L.6, No.3), known as the Right-
to-Know Law.
§ 572. Political contribution limitations.
(a) General rule.--A contractor bidding for a contract under
section 512.1 (relating to competitive electronic auction
bidding), 513 (relating to competitive sealed proposals), 514
(relating to small procurements), 515 (relating to sole source
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procurement), 516 (relating to emergency procurement), 517
(relating to multiple awards), 518 (relating to competitive
selection procedures for certain services), 519 (relating to
selection procedure for insurance and notary bonds), 520
(relating to supplies manufactured and services performed by
persons with disabilities) or 905 (relating to procurement of
design professional services) may not be awarded a contract
under this section if any political contributions made and
reported under section 571 (relating to reporting of political
contribution) exceed the following limits:
(1) Contributions to a candidate - $2,400 per election.
(2) Contributions to a business entity or political
action committee supporting a candidate - $5,000 per
election.
(b) Limitation increase.--The limitations provided under
subsection (a) shall be increased for inflation in each odd-
numbered year, based upon the Consumer Price Index for All Urban
Consumers. The department shall calculate the increases and
publish the adjusted limitations as a notice in the Pennsylvania
Bulletin.
Section 2. This act shall take effect in 60 days.
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