Amendment 681 to Senate Bill 178 P.N. 0135, Regular Session 2019-2020

S0178B0135A00681 BIL:AAS 04/08/19 #90 A00681

AMENDMENTS TO SENATE BILL NO. 178

Sponsor: SENATOR FOLMER

Printer's No. 135

Amend Bill, page 1, line 14, by inserting after

"expenditures"

, for oath of compliance, perjury, disqualification from office

and commercial use

Amend Bill, page 1, line 17, by striking out "and" where it

occurs the second time and inserting a comma

Amend Bill, page 1, line 18, by inserting after

"Commonwealth"

and for reports by business entities and publication by

Secretary of the Commonwealth

Amend Bill, page 1, lines 21 through 23, by striking out all

of said lines and inserting

Section 1. Section 1626(a) and (h) of the act of June 3,

1937 (P.L.1333, No.320), known as the Pennsylvania Election

Code, are amended and the section is amended by adding a

subsection to read:

Amend Bill, page 1, by inserting after line 25

(a) Each treasurer of a political committee and each

candidate for election to public office shall file with the

appropriate supervisor reports of receipts and expenditures on

forms, designed by the Secretary of the Commonwealth, if the

amount received or expended or liabilities incurred shall exceed

the sum of two hundred fifty dollars ($250). Should such an

amount not exceed two hundred fifty dollars ($250), then the

candidate or the treasurer of the committee shall file a [sworn]

statement to that effect with the appropriate supervisor rather

than the report required by this section.

* * *

(h) All reports or statements required to be filed pursuant

to this section shall be filed pursuant to [section 1630]

sections 1629 and 1631.1. All reports and statements required by

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this section shall cover the campaign activity of a candidate

only from the last prior report or statement.

Amend Bill, page 2, line 2, by striking out "campaign

finance"

Amend Bill, page 2, line 2, by inserting after "reports"

or statements

Amend Bill, page 2, line 6, by striking out "campaign

finance"

Amend Bill, page 2, line 6, by inserting after "report"

or statement

Amend Bill, page 2, lines 8 and 9, by striking out "be made

under oath or equivalent affirmation;

(ii)"

Amend Bill, page 2, lines 10 and 11, by striking out

"campaign finance "

Amend Bill, page 2, line 11, by inserting after "report"

where it occurs the first time

or statement

Amend Bill, page 2, lines 14 and 15, by striking out "under

oath or equivalent affirmation by the candidate " and inserting

stating

Amend Bill, page 2, line 18, by striking out "(iii)" and

inserting

(ii)

Amend Bill, page 2, line 18, by striking out "for perjury"

and inserting

of 18 Pa.C.S. § 4904 (relating to unsworn falsification to

authorities)

Amend Bill, page 2, line 28, by inserting after "hardship."

As used in this subclause, the term "technological hardship"

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means a lack of computer or Internet access or a disability that

prevents electronic filing.

Amend Bill, page 2, line 29, by inserting after "1628"

, 1629 heading, (a) and (b)

Amend Bill, page 3, lines 15 through 17, by striking out "]

The reports filed with the Secretary of" in line 15, all of line

16 and "with section 1631.1." in line 17

Amend Bill, page 3, line 17, by inserting after "Any"

] The reports filed with the Secretary of the Commonwealth

shall be filed electronically in accordance with section 1631.1.

If the candidate or political committee is not required to file

electronically, the report shall be filed by facsimile,

electronic mail or overnight mail courier service. Except for

reports required to be filed electronically, a

Amend Bill, page 3, line 18, by inserting a bracket before

"in"

Amend Bill, page 3, line 18, by inserting after "in"

] on

Amend Bill, page 3, by inserting between lines 21 and 22

Section 1629. [Oath of Compliance] Unsworn Falsification;

Perjury; Disqualification from Office; Commercial Use.--

[(a) Each report shall be subscribed and sworn to by the

individual submitting the report. In addition, any report filed

by a political committee, authorized by a candidate and created

solely for the purpose of influencing an election on behalf of

that candidate, must be accompanied by an affidavit from that

candidate which provides that, to the best of the candidate's

knowledge, the political committee has not violated any

provision of this act.]

(b) Any wilfully false, fraudulent or misleading statement

or entry made by any candidate or treasurer in any statement or

report [under oath] as required by this article, shall

constitute the crime of [perjury] unsworn falsification to

authorities, and be punishable as such according to the laws of

this Commonwealth.

* * *

Amend Bill, page 4, line 9, by inserting after "candidates,"

who must file reports with the Secretary of the Commonwealth

as required by this subsection,

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Amend Bill, page 4, line 9, by striking out "campaign

finance"

Amend Bill, page 4, line 14, by striking out "campaign

finance"

Amend Bill, page 4, line 19, by striking out "campaign

finance"

Amend Bill, page 4, line 25, by striking out "campaign

finance"

Amend Bill, page 5, line 7, by striking out "paragraph" and

inserting

clause

Amend Bill, page 5, line 9, by striking out "paragraph" and

inserting

clause

Amend Bill, page 6, line 7, by striking out "business"

Amend Bill, page 6, line 18, by striking out "paragraph" and

inserting

clause

Amend Bill, page 6, line 20, by striking out "business"

Amend Bill, page 6, line 23, by inserting after "until"

11:59 o'clock P.M. on

Amend Bill, page 6, lines 23 and 24, by striking out

"following business " and inserting

Amend Bill, page 7, line 20, by inserting after "amended"

and the section is amended by adding a subsection

Amend Bill, page 7, line 22, by striking out the bracket

before "A"

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Amend Bill, page 7, line 23, by inserting after

"contributions"

required to be filed with the county board of elections

Amend Bill, page 7, line 26, by inserting after "report"

or statement

Amend Bill, page 7, line 28, by inserting after "report"

or statement

Amend Bill, page 7, line 29, by inserting after "report"

or statement

Amend Bill, page 7, line 30, by inserting a bracket before

"A"

Amend Bill, page 7, line 30, by inserting after "supervisor"

] The county board of elections

Amend Bill, page 8, line 3, by inserting a bracket before

"supervisor"

Amend Bill, page 8, line 3, by inserting after "supervisor"

] county board of elections

Amend Bill, page 8, line 13, by inserting a bracket before

"supervisor"

Amend Bill, page 8, line 13, by inserting after "supervisor"

] county board of elections

Amend Bill, page 8, line 17, by striking out all of said line

and inserting

reporting requirements contained in section 1628.

(b) For reports

Amend Bill, page 9, line 6, by striking out "Section 1640 of

the act is" and inserting

Sections 1640 and 1641(a) of the act are

Amend Bill, page 10, line 9, by inserting after "statement"

or report

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Amend Bill, page 10, by inserting between lines 16 and 17

Section 1641. Reports by Business Entities; Publication by

Secretary of the Commonwealth.--

(a) Any business entity including but not limited to a

corporation, company, association, partnership or sole

proprietorship, which has been awarded non-bid contracts from

the Commonwealth or its political subdivisions during the

preceding calendar year, shall report electronically in

accordance with section 1631.1 by February 15 of each year to

the Secretary of the Commonwealth an itemized list of all

political contributions known to the business entity by virtue

of the knowledge possessed by every officer, director,

associate, partner, limited partner or individual owner that has

been made by:

(1) any officer, director, associate, partner, limited

partner, individual owner or members of their immediate family

when the contributions exceed an aggregate of one thousand

dollars ($1,000) by any individual during the preceding year; or

(2) any employe or members of his immediate family whose

political contribution exceeded one thousand dollars ($1,000)

during the preceding year.

For the purposes of this subsection, "immediate family" means a

person's spouse and any unemancipated child.

* * *

Amend Bill, page 10, line 22, by striking out "90" and

inserting

120

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