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PRIOR PRINTER'S NO. 1770
PRINTER'S NO. 2303
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1605
Session of
2021
INTRODUCED BY C. WILLIAMS, CUTLER, KERWIN, B. MILLER,
PENNYCUICK, HAMM, KEEFER, LEWIS, STAMBAUGH, DIAMOND, DOWLING,
SMITH, GROVE, FEE, RYAN, SCHMITT, ROZZI, HELM, HERSHEY,
OWLETT, MENTZER, BERNSTINE, ROWE, GLEIM, HICKERNELL, GILLEN
AND WHEELAND, JUNE 10, 2021
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 25, 2021
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, in lobbying disclosure, further
providing for REGISTRATION, FOR REPORTING, PROVIDING FOR
REFERRAL REPORTING, FURTHER PROVIDING FOR EXEMPTION FROM
REGISTRATION AND REPORTING, FOR prohibited activities, FOR
ADMINISTRATION AND FOR PENALTIES.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 13A07 of Title 65 of the Pennsylvania
Consolidated Statutes is amended by adding a subsection to read:
§ 13A07. Prohibited activities.
* * *
(g) Referral payments.--A lobbyist, lobbying firm or
principal may not collect economic consideration from or give
economic consideration to a person for the referral of a client
for lobbying.
SECTION 1. SECTIONS 13A04(E)(4) AND 13A05 HEADING OF TITLE
65 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO
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READ:
§ 13A04. REGISTRATION.
* * *
(E) TERMINATION.--
* * *
(4) NOTHING IN THIS SUBSECTION SHALL BE CONSTRUED TO
EXEMPT A LOBBYIST, LOBBYING FIRM OR PRINCIPAL FROM ANY OF THE
REQUIREMENTS IN SECTION 13A05 (RELATING TO EXPENSE
REPORTING).
§ 13A05. [REPORTING] EXPENSE REPORTING.
* * *
SECTION 2. TITLE 65 IS AMENDED BY ADDING A SECTION TO READ:
§ 13A05.2. REFERRAL REPORTING.
EACH LOBBYIST, LOBBYING FIRM OR PRINCIPAL SHALL, SUBJECT TO
THE PENALTIES UNDER SECTION 13A09 (RELATING TO PENALTIES), FILE
A REFERRAL REPORT WITH THE DEPARTMENT NO LATER THAN FIVE DAYS
AFTER THE LOBBYIST HAS PAID OR RECEIVED ECONOMIC CONSIDERATION
FOR THE REFERRAL OF A CLIENT FOR LOBBYING. REFERRAL REPORTS
SHALL BE FILED USING THE COMPUTERIZED FILING SYSTEM DEVELOPED BY
THE DEPARTMENT THAT IS CONSISTENT WITH THE PURPOSE OF THIS
CHAPTER.
SECTION 3. SECTIONS 13A06 INTRODUCTORY PARAGRAPH, 13A07(D)
(5), 13A08(C) AND (J) AND 13A09(G)(2) OF TITLE 65 ARE AMENDED TO
READ:
§ 13A06. EXEMPTION FROM REGISTRATION AND REPORTING.
THE FOLLOWING PERSONS AND ACTIVITIES SHALL BE EXEMPT FROM
REGISTRATION UNDER SECTION 13A04 (RELATING TO REGISTRATION) AND
REPORTING UNDER SECTION 13A05 (RELATING TO EXPENSE REPORTING):
* * *
§ 13A07. PROHIBITED ACTIVITIES.
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* * *
(D) CONFLICTS OF INTEREST.--
* * *
(5) A PRINCIPAL OR LOBBYIST REQUIRED TO REPORT UNDER
SECTION 13A05 (RELATING TO EXPENSE REPORTING) SHALL INCLUDE
IN THE REPORT A STATEMENT AFFIRMING THAT TO THE BEST OF THE
PRINCIPAL'S OR LOBBYIST'S KNOWLEDGE THE PRINCIPAL OR LOBBYIST
HAS COMPLIED WITH THIS SECTION.
* * *
§ 13A08. ADMINISTRATION.
* * *
(C) PUBLIC INSPECTION AND COPYING.--THE DEPARTMENT SHALL
MAKE COMPLETED REGISTRATION STATEMENTS, EXPENSE REPORTS,
CONFLICT REPORTS, REFERRAL REPORTS AND NOTICES OF TERMINATION,
WHICH HAVE BEEN FILED WITH THE DEPARTMENT, AVAILABLE FOR PUBLIC
INSPECTION AND PROVIDE COPIES OF THESE DOCUMENTS AT A PRICE NOT
IN EXCESS OF THE ACTUAL COST OF COPYING. THE DEPARTMENT SHALL
MAKE ALL REGISTRATIONS AND REPORTS AVAILABLE ON A PUBLICLY
ACCESSIBLE INTERNET WEBSITE. DOCUMENTS MAINTAINED AND
REPRODUCIBLE IN AN ELECTRONIC FORMAT SHALL BE PROVIDED IN THAT
FORMAT UPON REQUEST.
* * *
(J) INFLATION ADJUSTMENT.--ON A BIENNIAL BASIS COMMENCING IN
JANUARY 2009, THE DEPARTMENT SHALL REVIEW THE THRESHOLD UNDER
SECTION 13A06 (RELATING TO EXEMPTION FROM REGISTRATION AND
REPORTING) FOR REGISTRATION UNDER SECTION 13A04 (RELATING TO
REGISTRATION) AND THE THRESHOLD FOR REPORTING UNDER SECTION
13A05(D) (RELATING TO EXPENSE REPORTING) AND SHALL INCREASE
THESE AMOUNTS TO RATES DEEMED REASONABLE FOR ASSURING
APPROPRIATE DISCLOSURE. ON A BIENNIAL BASIS COMMENCING IN
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JANUARY 2009, THE DEPARTMENT SHALL REVIEW THE FILING FEE
ESTABLISHED UNDER SECTION 13A10 (RELATING TO REGISTRATION FEES;
FUND ESTABLISHED; SYSTEM; REGULATIONS) AND MAY BY REGULATION
ADJUST THIS AMOUNT IF THE DEPARTMENT DETERMINES THAT A HIGHER
FEE IS NEEDED TO COVER THE COSTS OF CARRYING OUT THE PROVISIONS
OF THIS CHAPTER. THE DEPARTMENT SHALL PUBLISH ADJUSTED AMOUNTS
IN THE PENNSYLVANIA BULLETIN BY JUNE 1, 2009, AND BY JUNE 1
EVERY TWO YEARS THEREAFTER AS NECESSARY.
* * *
§ 13A09. PENALTIES.
* * *
(G) AFFIRMATIVE DEFENSE.--ANY OF THE FOLLOWING IS AN
AFFIRMATIVE DEFENSE TO AN ACTION BROUGHT UNDER CHAPTER 11
(RELATING TO ETHICS STANDARDS AND FINANCIAL DISCLOSURE) OR THIS
CHAPTER:
* * *
(2) THE RESPONDENT OR DEFENDANT RELIED ON NOTICE UNDER
SECTION 13A05(B)(3)(IV) (RELATING TO EXPENSE REPORTING).
* * *
Section 2 4. This act shall take effect in 60 180 days.
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