PRINTER'S NO. 2866
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2039
Session of
2019
INTRODUCED BY ORTITAY, OWLETT, RYAN, CALTAGIRONE, WHEELAND,
HERSHEY, CIRESI, B. MILLER, BERNSTINE, LAWRENCE AND GLEIM,
NOVEMBER 14, 2019
REFERRED TO COMMITTEE ON STATE GOVERNMENT, NOVEMBER 14, 2019
AN ACT
Amending the act of December 20, 2015 (P.L.497, No.90), entitled
"An act requiring notification in advertising," further
providing for definitions and for advertising notification;
and making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definitions of "broadcast advertising" and
"print advertising" in section 2 of the act of December 20, 2015
(P.L.497, No.90), known as the Taxpayer-Funded Advertising
Transparency Act, are amended and the section is amended by
adding a definition to read:
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:
"Broadcast advertising." [Includes] Advertising, regardless
of the medium, which includes audio communication components.
The term includes television advertising, radio advertising and
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other audiovisual advertising.
* * *
"Print advertising." [Includes] Advertising, regardless of
the medium, which includes visual communication components. The
term includes print and electronic newspaper advertising, print
and electronic magazine advertising and billboard advertising.
The term does not include advertising in the classified section
of a newspaper.
"Qualified funding source." Money appropriated, executively
authorized or otherwise made available from the General Fund or
a special fund that is comprised of money collected by a tax
imposed by the Commonwealth or other revenues or receipts
received by the Commonwealth.
Section 2. Section 3 of the act is amended to read:
Section 3. Advertising notification.
(a) Statements required.--
(1) No expenditures for paid media advertising [shall]
may be made by a Commonwealth agency from [money
appropriated, executively authorized or otherwise made
available from the General Fund or a special fund that is
comprised of money collected by a tax imposed by the
Commonwealth or other revenues or receipts received by the
Commonwealth] a qualified funding source, unless the paid
media advertising includes a statement under subsection
(a.1).
(2) A Commonwealth agency which enters into a contract
or grant agreement with a person shall require that any paid
media advertising that is paid for, in whole or in part, by a
qualified funding source shall include a statement under
subsection (a.1).
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(a.1) Statement content.--
(1) Paid media advertising under subsection (a) shall
include a statement that it is funded, in whole or in part,
by the fund and includes the following specific statement:
"Paid for with Pennsylvania taxpayer dollars."
(2) In the case of print advertising, the statement
shall be included so that it is easily seen and read.
(3) In the case of broadcast advertising, the statement
shall be included as an audio tagline so that it is easily
heard.
(b) Exceptions.--The provisions of subsection (a) shall not
apply:
(1) where the materials provided to the broadcast or
print media are broadcast or published free of charge; [or]
(2) to any expenditure for media advertising as
authorized under the act of August 26, 1971 (P.L.351, No.91),
known as the State Lottery Law[.]; or
(3) to any expenditure for media advertising authorized
for the Department of Community and Economic Development
under section 4 or 5 of the act of May 10, 1939 (P.L.111,
No.51), known as the Commerce Law.
Section 3. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the amendment of
section 3(b) of the act.
(2) Section 1719-E(b) of the act of April 9, 1929
(P.L.343, No.176), known as The Fiscal Code, is repealed.
Section 4. This act shall take effect in 60 days.
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