THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY DAVIS, DeLUCA, BRIGGS, FABRIZIO, HESS, HORNAMAN, JOSEPHS, MAHONEY, MILLARD, M. O'BRIEN, SCHRODER, TRUITT, VULAKOVICH, WHITE AND YOUNGBLOOD, MARCH 31, 2011

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 31, 2011  

AN ACT

Prohibiting the use of taxpayer funds for certain contracts.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Prohibited

Contracts Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Commonwealth agency."  An executive agency, a legislative

agency, a judicial agency, an independent agency or a State-

affiliated entity.

"Executive agency."

(1)  Any of the following:

(i)  The Governor and the departments, boards,

commissions, authorities and other officers and agencies

of the executive branch.

(ii)  The State Treasurer and the Office of the State

Treasurer.

(iii)  The Auditor General and the Office of the

Auditor General.

(iv)  The Attorney General and the Office of Attorney

General.

(2)  The term does not include a judicial agency,

legislative agency, independent agency, State-affiliated

entity, State-related institution, political subdivision or

local, regional or metropolitan transportation authority.

"Governmental body."  A department, authority, commission,

committee, council, board, bureau, division, service, office,

officer, administration, legislative body or other establishment

in the executive, legislative or judicial branch of the

Commonwealth.

"Independent agency."  Boards, commissions and other agencies

and officers of the Commonwealth which are not subject to the

policy supervision and control of the Governor. The term does

not include an executive agency, judicial agency, legislative

agency, State-affiliated entity, State-related institution,

political subdivision or local, regional or metropolitan

transportation authority.

"Judicial agency."  A court of the Commonwealth or any other

entity, office or officer of the unified judicial system. The

term does not include an executive agency, an independent

agency, legislative agency, State-affiliated entity, State-

related institution, political subdivision or local, regional or

metropolitan transportation authority.

"Legislative agency."

(1)  Any of the following:

(i)  The Senate and a member thereof.

(ii)  The House of Representatives and a member

thereof.

(iii)  Another agency or officer of the General

Assembly.

(2)  The term does not include an executive agency, an

independent agency, a judicial agency, State-affiliated

entity, State-related institution, political subdivision or

local, regional or metropolitan transportation authority.

"Lobbying."  As defined in 65 Pa.C.S. § 13A03 (relating to

definitions).

"Lobbying firm."  As defined in 65 Pa.C.S. § 13A03 (relating

to definitions).

"Lobbyist."  As defined in 65 Pa.C.S. § 13A03 (relating to

definitions). The term shall not include an individual exempt

from the registration and reporting requirements of 65 Pa.C.S.

Ch. 13A under 65 Pa.C.S. § 13A06(1), (7), (8) or (10) (relating

to exemption from registration and reporting).

"Public funds."  Money collected, received or held by, for or

on account of a governmental body.

"State-affiliated entity."  A Commonwealth authority or

Commonwealth entity. The term includes the Pennsylvania Turnpike

Commission, the Pennsylvania Housing Finance Agency, the

Pennsylvania Municipal Retirement System, the Pennsylvania

Infrastructure Investment Authority, the State Public School

Building Authority, the Pennsylvania Higher Educational

Facilities Authority and the State System of Higher Education

and any member or officer of the foregoing. The term does not

include an executive agency, an independent agency, legislative

agency, judicial agency, State-related institution, political

subdivision or local, regional or metropolitan transportation

authority.

"State-related institution."  The Pennsylvania State

University, the University of Pittsburgh, Lincoln University and

Temple University.

Section 3.  Prohibited contracts.

A Commonwealth agency shall not enter into a contract with,

or otherwise expend public funds for the services of, a lobbyist

or lobbying firm in order to lobby another Commonwealth agency.

A contract entered into in violation of this section after the

effective date of this section shall be void.

Section 20.  Effective date.

This act shall take effect immediately.