PRINTER'S NO. 1524
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1068
Session of
2018
INTRODUCED BY COSTA, TARTAGLIONE, FONTANA, LEACH, BREWSTER,
BROWNE, RAFFERTY, SABATINA, SCHWANK AND BLAKE, MARCH 12, 2018
REFERRED TO STATE GOVERNMENT, MARCH 12, 2018
AN ACT
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
"An act concerning elections, including general, municipal,
special and primary elections, the nomination of candidates,
primary and election expenses and election contests; creating
and defining membership of county boards of elections;
imposing duties upon the Secretary of the Commonwealth,
courts, county boards of elections, county commissioners;
imposing penalties for violation of the act, and codifying,
revising and consolidating the laws relating thereto; and
repealing certain acts and parts of acts relating to
elections," in primary and election expenses, further
providing for definitions, for contributions or expenditures
by national banks, corporations or unincorporated
associations and for advertising.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1621(e) and (f) 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
subsections to read:
Section 1621. Definitions.--As used in this article, the
following words have the following meanings:
* * *
(e) The words "independent expenditure" shall mean an
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expenditure by a person, other than a political committee or
candidate, expressly advocating the election or defeat of a
clearly identified candidate for nomination or election or
clearly identified ballot question appearing on the ballot in
every election district in this Commonwealth, made for the
purpose of influencing an election without cooperation or
consultation with any candidate or any political committee
authorized by that candidate and which is not made in concert
with or at the request or suggestion of any candidate or
political committee or agent thereof.
(f) The word "lobbyist" shall mean any person who is
registered pursuant to the provisions of [the act of September
30, 1961 (P.L.1778, No.712), known as the "Lobbying Registration
and Regulation Act."] 65 Pa.C.S. Ch. 13A (relating to lobbying
disclosure).
* * *
(n) The words "chief executive officer" shall mean the
highest ranking officer or decision-making individual with
authority over a corporation's affairs.
(o) The words "clearly identified" shall mean:
(1) with respect to a candidate, the name of the candidate
appears;
(2) with respect to a candidate, a photograph, drawing or
other image of the candidate appears; or
(3) with respect to a candidate or ballot question, the
identity of the candidate or ballot question is apparent by
unambiguous reference.
(p) The words "electioneering communication" shall mean a
broadcast, cable, mail, satellite or print communication by a
person, other than a political committee or candidate, that
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refers to a clearly identified candidate or clearly identified
ballot question appearing on the ballot in every election
district in this Commonwealth and is publicly distributed within
ninety (90) days before an election in which the candidate is
seeking election or reelection or the ballot question appears on
the ballot. The term does not include any of the following
communications:
(1) A communication that is disseminated through a means
other than a broadcast station, radio station, cable television
system or satellite system, newspaper, magazine, periodical,
billboard advertisement or mail.
(2) A communication to less than one hundred (100)
recipients.
(3) A news story, commentary, letter to the editor, news
release, column, op-ed or editorial broadcast by a television
station, radio station, cable television system or satellite
system or printed in a newspaper, magazine or other periodical
in general circulation.
(4) Expenditures or independent expenditures or
contributions that must otherwise be reported under this
article.
(5) A communication from a membership organization
exclusively to its members and their families, otherwise known
as a membership communication.
(6) Bona fide candidate debates or forums and advertising or
promotion of the same.
(7) E-mail communications.
(8) Internet communications which are not paid
advertisements.
(q) The words "electioneering communication expenditure"
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shall mean any expenditure made by a person, other than a
political committee or a candidate, as payment for an
electioneering communication.
(r) The words "foreign national" shall mean:
(1) a foreign principal; or
(2) an individual who is not a citizen of the United States
or a national of the United States and who is not lawfully
admitted for permanent residence.
(s) The words "foreign owner" shall mean a foreign national
or a corporation wherein a foreign national holds, owns,
controls or otherwise has directly or indirectly acquired
beneficial ownership of equity or voting shares in an amount
that is equal to or greater than fifty (50) per cent of the
total equity or outstanding voting shares.
(t) The words "foreign-influenced corporation" shall mean a
corporation for which:
(1) a foreign owner holds, owns, controls or otherwise has
directly or indirectly acquired beneficial ownership of equity
or voting shares in an amount that is equal to or greater than
five (5) per cent of the total equity or outstanding voting
shares; or
(2) foreign owners hold, own, control or otherwise have
directly or indirectly acquired beneficial ownership of equity
or voting shares in an amount that is equal to or greater than
twenty (20) per cent of the total equity or outstanding voting
shares.
(u) The words "foreign principal" shall mean:
(1) a government of a foreign country;
(2) a foreign political party; or
(3) a partnership, association, corporation, organization or
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other combination of persons organized under the laws of or
having its principal place of business in a foreign country.
(v) The words "independent expenditure political action
committee" shall mean a political action committee that only
receives contributions to make independent expenditures.
Section 2. Sections 1633 and 1638 of the act are amended by
adding subsections to read:
Section 1633. Contributions or Expenditures by National
Banks, Corporations or Unincorporated Associations.--* * *
(e) (1) No foreign-influenced corporation shall make an
independent expenditure, an electioneering communication
expenditure or a contribution to an independent expenditure
political action committee.
(2) A corporation that makes an independent expenditure, an
electioneering communication expenditure or a contribution to an
independent expenditure political action committee shall, within
seven (7) business days after making the expenditure or
contribution, file with the appropriate supervisor, a statement
of certification, signed by the chief executive officer under
penalty of perjury, avowing that, after due inquiry, the
corporation was not a foreign-influenced corporation on the date
the expenditure or contribution was made.
Section 1638. Advertising.--
* * *
(c) (1) Unless the person making an independent expenditure
or electioneering communication, transmitted through paid radio,
television or Internet advertising, has received a statement of
certification as prescribed under section 1633(e) from each
contributing corporation that is among the top five (5)
contributors when ranked in order of amount of contribution made
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to the person for the twelve-month period immediately preceding
the date of the communication, the advertisement shall include
the following statement:
Some of the funds used to pay for this message may have
been provided by foreign-influenced corporations.
(2) The person making the independent expenditure or
electioneering communication under this section shall be
entitled to rely on the statement of certification provided by
the contributor, unless the person has actual knowledge that the
certification is false.
Section 3. This act shall take effect in 60 days.
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