AN ACT

 

1Amending Title 65 (Public Officers) of the Pennsylvania
2Consolidated Statutes, in lobbying disclosure, further
3providing <-for registration, for reporting, for prohibited
4activities, for penalties <-and, for registration filing system 
<-5and for registration fees, fund established, system and 
6regulations.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

<-9Section 1. Sections 13A07(f)(2), 13A09(c)(1) and (e) and
1013A10(c) of Title 65 of the Pennsylvania Consolidated Statutes
11are amended to read:

12§ 13A07. Prohibited activities.

13* * *

14(f) Unlawful acts.--

15* * *

16(2) The commission may receive complaints regarding
17violations of this subsection. If the commission determines a
18violation of this subsection has occurred, the commission,

1after investigation, notice and hearing:

2(i) shall impose an administrative penalty in an
3amount not to exceed [$2,000] $10,000; and

4(ii) may prohibit a lobbyist from lobbying for
5economic consideration for up to [five] ten years.

6* * *

7§ 13A09. Penalties.

8* * *

9(c) Negligent failure to register or report.--

10(1) Negligent failure to register or report as required
11by this chapter is punishable by an administrative penalty
12not exceeding [$50 for each late day.] the following:

13(i) For the first ten late days, $50 for each late
14day.

15(ii) For each late day after the first ten late
16days, $250 for each late day.

17* * *

18(e) Intentional violations.--

19(1) A person that intentionally fails to register or
20report as required by this chapter commits a misdemeanor of
21the [second] first degree.

22(2) A registrant who files a report under this chapter
23with knowledge that the report contains a false statement or
24is incomplete commits a misdemeanor of the [second] first
25degree.

26(3) Except as set forth in paragraph (1) or (2), a
27person that intentionally violates this chapter commits a
28misdemeanor of the [third] second degree. In addition to any
29other penalties imposed under this chapter, the court may
30impose a fine not to exceed [$25,000] $100,000 against a

1principal who is found guilty under this paragraph.

2(4) In addition to any criminal penalties imposed under
3this chapter, the commission may prohibit a person from
4lobbying for economic consideration for up to [five] ten
5years for conduct which constitutes an offense under this
6subsection. Criminal prosecution or conviction is not
7required for the imposition of the prohibition authorized by
8this paragraph. The commission shall not impose the
9prohibition under this paragraph unless the person has been
10afforded the opportunity for a hearing, which shall be
11conducted by the commission in accordance with sections
121107(14) and 1108(e).

13* * *

14§ 13A10. Registration fees; fund established; system;
15regulations.

16* * *

17(c) Computerized filing system.--

18(1) The department shall implement a fully accessible
19system to accommodate the use of computerized filing. [Each
20registrant shall elect on an annual basis whether the
21registrant will file all of the documents required by this
22chapter either electronically or on paper with the
23department.] At the time of filing a document required under
24this chapter, a registrant may elect to file the document
25electronically or on paper with the department.

26(2) If a document is filed electronically, the
27department shall issue to the registrant an electronic
28receipt which includes a confirmation number and the date and
29time of filing. The registrant may rely on the electronic
30receipt as proof of the time of filing.

1* * *

2Section 2. This act shall take effect immediately.

<-3Section 1. Sections 13A04(a), (d) and (e)(1), 13A05(a), (b)
4(4), (6) and (8) and (d), 13A07(f)(2), 13A09(c)(1) and 13A10(c)
5of Title 65 of the Pennsylvania Consolidated Statutes are
6amended to read:

7§ 13A04. Registration.

8(a) General rule.--Unless excluded under section 13A06
9(relating to exemption from registration and reporting), a
10lobbyist, lobbying firm or a principal must register with the
11department electronically using the computerized filing system 
12developed by the department that is consistent with the purposes 
13of this chapter within ten days of acting in any capacity as a
14lobbyist, lobbying firm or principal. Registration shall be
15biennial and shall begin January 1, 2007.

16* * *

17(d) Amendments.--

18(1) If there is a change of information required for the
19registration statement under subsection (b)(1) or (2) or (c),
20an amended registration statement shall be filed with the
21department electronically using the computerized filing 
22system developed by the department that is consistent with 
23the purpose of this chapter within 14 days after the change
24occurs.

25(2) When there is a change in information required for
26the registration statement under subsection (b)(3), an
27amended registration statement shall be filed with the
28department electronically using the computerized filing 
29system developed by the department that is consistent with 
30the purpose of this chapter within 14 days of the end of the

1year in which the change occurs.

2(e) Termination.--

3(1) A lobbyist, lobbying firm or principal may terminate
4registration by filing notice of termination with the
5department electronically using the computerized filing 
6system developed by the department that is consistent with 
7the purpose of this chapter.

8* * *

9§ 13A05. Reporting.

10(a) General rule.--A registered principal shall, under oath
11or affirmation, file quarterly expense reports with the
12department electronically using the computerized filing system 
13developed by the department that is consistent with the purpose 
14of this chapter no later than 30 days after the last day of the
15quarter.

16(b) Content.--

17* * *

18(4) A lobbying firm or a lobbyist not associated with a
19lobbying firm shall sign the reports electronically submitted
20by each principal for whom the lobbying firm or lobbyist is
21registered to attest to the validity and accuracy to the best
22of the attestor's knowledge. A lobbying firm or lobbyist may
23attach a statement to the electronic report of a principal,
24describing the limits of the knowledge of the lobbying firm
25or lobbyist concerning the information contained in the
26expense report.

27* * *

28(6) A lobbying firm or a lobbyist not associated with a
29lobbying firm shall submit an expense report electronically 
30using the computerized filing system developed by the
 

1department that is consistent with the purpose of this 
2chapter if during the reporting period the lobbying firm or
3lobbyist engaged in lobbying which was not contained in any
4expense report filed by a principal or principals
5represented.

6* * *

7(8) A lobbying firm or a lobbyist not associated with a
8lobbying firm shall submit a report electronically using the 
9computerized filing system developed by the department that 
10is consistent with the purpose of this chapter if the
11lobbying firm or lobbyist engaged in lobbying on behalf of
12any entity that is exempt under section 13A06(7), (8), (9) or
13(10) (relating to exemption from registration and reporting).

14* * *

15(d) Thresholds for reporting.--An expense report required
16under this section shall be filed electronically using the 
17computerized filing system developed by the department that is 
18consistent with the purpose of this chapter when total expenses
19for lobbying exceed $2,500 for a registered principal in a
20reporting period. In a reporting period in which total expenses
21are $2,500 or less, a statement to that effect shall be filed
22electronically using the computerized filing system developed by 
23the department that is consistent with the purpose of this 
24chapter.

25* * *

26§ 13A07. Prohibited activities.

27* * *

28(f) Unlawful acts.--

29* * *

30(2) The commission may receive complaints regarding

1violations of this subsection. If the commission determines a
2violation of this subsection has occurred, the commission,
3after investigation, notice and hearing:

4(i) shall impose an administrative penalty in an
5amount not to exceed [$2,000] $4,000; and

6(ii) may prohibit a lobbyist from lobbying for
7economic consideration for up to five years.

8* * *

9§ 13A09. Penalties.

10* * *

11(c) Negligent failure to register or report.--

12(1) Negligent failure to register or report as required
13by this chapter is punishable by an administrative penalty
14not exceeding [$50 for each late day.] the following:

15(i) For the first ten late days, $50 for each late
16day.

17(ii) For each late day after the first ten late
18days, $100 for each late day.

19(iii) For each late day after the first 20 late days
20$200 for each late day.

21* * *

22§ 13A10. Registration fees; fund established; system;
23regulations.

24* * *

25(c) Computerized filing system.--The following apply:

26(1) The department shall implement a fully accessible
27system to accommodate the use of computerized filing. Each
28registrant shall elect on an annual basis whether the
29registrant will file all of the documents required by this
30chapter either electronically or on paper with the

1department.

2(2) The department shall post all filings on its
3publicly accessible Internet website within seven days of
4receipt of the filing.

5(3) If a document is filed electronically, the
6department shall issue an electronic receipt to the
7registrant that includes a confirmation number and date. The
8registrant may rely on the receipt as proof of the time of
9filing.

10* * *

11Section 2. This act shall take effect as follows:

12(1) The amendment of 65 Pa.C.S. §§ 13A04(a), (d) and

13(e)(1) and 13A05(a), (b)(4), (6) and (8) and (d) shall take
14effect January 1, 2015.

15(2) The remainder of this act shall take effect
16immediately.