Trial Engrossment of Amendment A00443 to Senate Bill 0169 P.N. 0145, Regular Session 2017-2018

A00443

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

169

Session of

2017

INTRODUCED BY LAUGHLIN, EICHELBERGER, SCARNATI, YAW, ALLOWAY,

FOLMER, YUDICHAK, COSTA, SCHWANK, RESCHENTHALER, VULAKOVICH

AND AUMENT, JANUARY 20, 2017

REFERRED TO STATE GOVERNMENT, JANUARY 20, 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 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) and 13A10(c) of Title 65 of the

Pennsylvania Consolidated Statutes are amended to read:

Section 1. Sections 13A04(a), (d) and (e)(1) and 13A05(a),

(b)(4), (6) and (8) and (d) 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 purpose

of this chapter within ten days of acting in any capacity as a

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, file quarterly expense reports with the

department electronically using the computerized filing system

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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.

* * *

Section 2. Section 13A07(e)(1) and (2) of Title 65 are

amended and the section is amended by adding a subsection to

read:

§ 13A07. Prohibited activities.

* * *

(e) Contingent compensation.--

(1) A person may not compensate or incur an obligation

to compensate a person to engage in lobbying for compensation

contingent in whole or in part upon any of the following:

(i) Occurrence, nonoccurrence or amendment of

legislative action.

(ii) Occurrence, nonoccurrence or amendment of an

administrative action [other than procurement described

in paragraph (1)(iv) of the definition of "administrative

action" under section 13A03 (relating to definitions)].

(iii) The receipt or award of a grant, credit, loan,

capital funding, contract or any other form of

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Commonwealth funds awarded by an agency. The provisions

of this subparagraph shall apply to an affiliated entity.

(2) A person may not engage in or agree to engage in

lobbying for compensation contingent in whole or in part upon

any:

(i) Occurrence, nonoccurrence or amendment of

legislative action.

(ii) Occurrence, nonoccurrence or amendment of an

administrative action [other than procurement described

in paragraph (1)(iv) of the definition of "administrative

action" under section 13A03].

(iii) The receipt or award of any grant, credit,

loan, capital funding, contract or any other form of

Commonwealth funds awarded by an agency. The provisions

of this subparagraph shall apply to an affiliated entity.

* * *

(g) Definitions.--The following words and phrases when used

in this section shall have the meanings given to them in this

subsection unless the context clearly indicates otherwise:

"Affiliated entity." Any of the following:

(1) A subsidiary or holding company of a lobbying firm

or other business entity owned in whole or in part by a

lobbying firm.

(2) An organization recognized by the Internal Revenue

Service as a tax-exempt organization under section 501(c) of

the Internal Revenue Code of 1986 (Public Law 99-514, 26

U.S.C. § 501(c)) established by a lobbyist or lobbying firm

or an affiliated entity.

Section 3. Section 13A10(c) of Title 65 is amended to read:

§ 13A10. Registration fees; fund established; system;

A00443 - 5 -

regulations.

* * *

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

receipt of the filing.

* * *

Section 2 4. 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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