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01/16/2022 03:12 PM
Pennsylvania State Senate
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=S&SPick=20210&cosponId=35655
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Senate of Pennsylvania
Session of 2021 - 2022 Regular Session

MEMORANDUM

Posted: May 17, 2021 10:25 AM
From: Senator Jake Corman
To: All Senate members
Subject: Lobbyist Disclosure Reform Package
 
In the near future, I, along with several Members of our Caucus, plan to introduce legislation that will bring further openness, transparency and improved ethical standards to the lobbying industry in our Commonwealth.

In the nearly fifteen years since the enactment of The Lobbyist Disclosure Act, Act 134 of 2006, signed into law November 1, 2006, the lobbying community in Pennsylvania has grown exponentially with very few checks and balances on their influence and manner of conduct.

Working in conjunction with Speaker Cutler, we have identified a number of topics that our legislation seeks to address: Openness and Transparency; Limiting Lobbyist Influence; and Ethical Conduct:

Openness and Transparency:
  • Requiring lobbyists to disclose and register any lobbying client conflicts with the Department of State.
  • Requiring campaign consultants who operate within the Commonwealth to register with the Department of State.
  • Requiring lobbyists to register with the Department of State any equity they may hold in an entity they are lobbying on behalf of.

Limiting Lobbyist Influence:
  • Prohibiting campaign consultants from being registered lobbyists and engaging in lobbying elected officials for two years (length of legislative session).

  • Prohibiting lobbyists from receiving/paying referral payments from/to another individual, lobbying firm or campaign consultant.
  • Prohibiting any state entity from hiring an outside lobbyist or consultant to influence the Legislature, Administration or Judiciary.
Ethical Conduct:
  • Requiring all registered lobbyists to complete a mandatory ethics training on an annual basis.
  • Requiring lobbyists to specifically register with the Department of State any clients for which they seek state financial assistance or grant program.
  • Prohibiting lobbyists from collecting an inducement through a 3rd party affiliate upon a successful public taxpayer dollar-funded state grant program.
Please join us in co-sponsoring this important legislation to help further bring openness, transparency and improved ethical standards to the lobbying industry in Pennsylvania.


Senate Bill 801 (Mensch) would amend Title 18 (Crimes and Offenses) to clarify that no person may compensate any person to engage in lobbying for compensation contingent in whole or in part upon the issuance of an administrative action, defined as the administration of a grant, a loan or an agreement involving the disbursement of public funds. The bill would also amend Title 65 (Public Officers) to require each registered lobbying firm and lobbyist to file an equity report and financial assistance report, quarterly, with the Department of State. The bill would also prohibit a lobbyist, lobbying firm or principal from collecting economic consideration for lobbying through a third-party affiliate for a state or local grant program that uses Commonwealth money. This would take effect in 180 days.

Senate Bill 802 (Phillips-Hill) would amend Title 65 (Public Officers) to prohibit a lobbyist, lobbying firm or principal from lobbying an individual who is an employee of the General Assembly or an employee of a Commonwealth agency and who was an employee of the same lobbyist, lobbying firm or principal, regarding a specific legislative action or administrative action that was pertinent to the individual’s employment duties, for one year after the date the individual left employment. The bill would also limit a Commonwealth entity or agency, from hiring a lobbyist, lobbying firm or political consultant to influence the decision-making process of another Commonwealth entity or agency. It would also prohibit a Commonwealth entity or agency, from entering into agreement or a contract with a person to engage in the practice of lobbying, expend money for a person to lobby on behalf of the agency unless the person is an employee of the agency, expend money for a registered lobbyist to serve on a board or commission of the Commonwealth entity or agency.

Senate Bill 803 (Baker) would amend Title 65 (Public Officers) to provide for definitions of political consultant, affiliate; and require registration with the Department of State. The bill would prohibit political consultants from lobbying a state or county official or an employee on the state or county official’s staff after the lobbyist, principal or political consultant has provided political consultant services for the state or county official (for the term in which the official was elected). The bill would also prohibit an individual from providing political consulting services while registered as a lobbyist or principal.

Senate Bill 804 (Tomlinson) would amend Title 65 (Public Officers) to require each lobbyist to complete at least one hour of ethics training annually, developed and managed by the Department of State and in consultation with the State Ethics Commission.




Introduced as SB801