PRINTER'S NO. 564
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
529
Session of
2019
INTRODUCED BY BREWSTER, FONTANA, FARNESE, TARTAGLIONE, HUGHES,
COSTA AND DINNIMAN, APRIL 5, 2019
REFERRED TO STATE GOVERNMENT, APRIL 5, 2019
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, in lobbying disclosure, further
providing for registration, for prohibited activities and for
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 13A04(a) of Title 65 of the Pennsylvania
Consolidated Statutes, amended February 14, 2018 (P.L.2, No.2),
is amended and the section is amended by adding a subsection to
read:
§ 13A04. Registration.
(a) General rule.--Unless excluded under section 13A06
(relating to exemption from registration and reporting), and
subject to the requirements under subsection (f), a lobbyist,
lobbying firm or a principal must register with the department
electronically using the computerized filing system developed by
the department that is consistent with the purposes of this
chapter within ten days of acting in any capacity as a lobbyist,
lobbying firm or principal. Registration shall be biennial and
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shall begin January 1, 2007.
* * *
(f) Training.--
(1) An individual who is a lobbyist and an individual
named on a principal's or lobbying firm's registration
statement under subsection (b)(1)(vii) must complete
training developed or approved by the department that
addresses the restricted activities under section 1103(b)
(relating to restricted activities), the prohibited
activities under section 13A07 (relating to prohibited
activities) and the prevention of discrimination and
harassment, including sexual harassment.
(2) The department shall prescribe evidentiary
documentation proving completion of the training required
under paragraph (1), which must be submitted to the
department within 30 days of the filing of the initial
registration statement and at the time of filing a renewal
registration statement.
(3) A lobbyist or lobbying firm may submit a request for
approval by the department of training that meets the
requirements of paragraph (1). If the department does not
issue a response within 15 days of receipt of the request for
approval, the request shall be deemed denied. The request for
approval does not toll the time for submittal of
documentation evidencing completion of training under
paragraph (2).
Section 2. Section 13A07(f)(1) of Title 65 is amended by
adding a subparagraph to read:
§ 13A07. Prohibited activities.
* * *
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(f) Unlawful acts.--
(1) A lobbyist or principal may not:
* * *
(xi) Engage in discriminatory or harassing practices
prohibited by law.
* * *
Section 3. Section 13A09(a)(1) and (2) and (b)(1) of Title
65 are amended and subsection (b) is amended by adding a
paragraph to read:
§ 13A09. Penalties.
(a) Notice of alleged noncompliance.--
(1) The commission shall issue a notice of alleged
noncompliance to a person that has failed to register [or],
report or complete training as required by this chapter.
* * *
(2) The notice shall state:
(i) the nature of the alleged noncompliance; and
(ii) the administrative and criminal penalties for:
(A) failure to register;
(B) failure to file; [or]
(C) filing a report which contains a false
statement or which is incomplete[.]; or
(D) failure to complete the training or submit
the documentation required under section 13A04(f)
(relating to registration).
* * *
(b) Hearing.--
(1) If a hearing is requested, the commission shall
determine at the hearing:
(i) whether the recipient of the notice is required
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to register or report under this chapter;
(ii) whether the recipient of the notice is an
attorney at law; [and]
(iii) whether the failure to register or report was
negligent or intentional[.]; and
(iv) whether the recipient of, or other individual
named in, a notice issued under subsection (a)(2)(ii)(D)
failed to complete the training or submit the
documentation required under section 13A04(f).
* * *
(3.1) If the commission finds that a failure to complete
the training or submit the documentation required under
section 13A04(f) occurred, the commission shall determine the
amount of the administrative penalty to be imposed. The
administrative penalty shall not exceed $1,000.
* * *
Section 4. The requirements of 65 Pa.C.S. § 13A04(f)(1)
shall apply to an initial or biennial registration after the
effective date of this section.
Section 5. This act shall take effect in 90 days.
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