PRINTER'S NO. 1764
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1599
Session of
2021
INTRODUCED BY KERWIN, B. MILLER, CUTLER, PENNYCUICK, HAMM,
KEEFER, LEWIS, C. WILLIAMS, STAMBAUGH, DIAMOND, DOWLING,
SMITH, GROVE, FEE, RYAN, SCHMITT, ROZZI, HELM, HERSHEY,
OWLETT, MENTZER, BERNSTINE, ROWE AND GLEIM, JUNE 10, 2021
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 10, 2021
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, in lobbying disclosure, further
providing for reporting, providing for conflict reporting and
further providing for administration; and making editorial
changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 13A04(e)(4) and 13A05 heading of Title
65 of the Pennsylvania Consolidated Statutes are amended to
read:
§ 13A04. Registration.
* * *
(e) Termination.--
* * *
(4) Nothing in this subsection shall be construed to
exempt a lobbyist, lobbying firm or principal from any of the
requirements in section 13A05 (relating to expense
reporting).
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§ 13A05. [Reporting] Expense reporting.
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Section 2. Title 65 is amended by adding a section to read:
§ 13A05.1. Conflict reporting.
Each lobbyist shall, subject to the penalties under 18
Pa.C.S. § 4904 (relating to unsworn falsification to
authorities), file a conflict report with the department
electronically using the computerized filing system developed by
the department that is consistent with the purpose of this
chapter no later than five days after the lobbyist has sought a
waiver from a client due to a conflict of interest with the
client and another client. The lobbyist shall file the response
of the client concerning the waiver.
Section 3. Sections 13A06 introductory paragraph, 13A07(d)
(5), 13A08(c) and (j) and 13A09(g)(2) of Title 65 are amended to
read:
§ 13A06. Exemption from registration and reporting.
The following persons and activities shall be exempt from
registration under section 13A04 (relating to registration) and
reporting under section 13A05 (relating to expense reporting):
* * *
§ 13A07. Prohibited activities.
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(d) Conflicts of interest.--
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(5) A principal or lobbyist required to report under
section 13A05 (relating to expense reporting) shall include
in the report a statement affirming that to the best of the
principal's or lobbyist's knowledge the principal or lobbyist
has complied with this section.
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* * *
§ 13A08. Administration.
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(c) Public inspection and copying.--The department shall
make completed registration statements, expense reports,
conflict reports and notices of termination, which have been
filed with the department, available for public inspection and
provide copies of these documents at a price not in excess of
the actual cost of copying. The department shall make all
registrations and reports available on a publicly accessible
Internet website. Documents maintained and reproducible in an
electronic format shall be provided in that format upon request.
* * *
(j) Inflation adjustment.--On a biennial basis commencing in
January 2009, the department shall review the threshold under
section 13A06 (relating to exemption from registration and
reporting) for registration under section 13A04 (relating to
registration) and the threshold for reporting under section
13A05(d) (relating to expense reporting) and shall increase
these amounts to rates deemed reasonable for assuring
appropriate disclosure. On a biennial basis commencing in
January 2009, the department shall review the filing fee
established under section 13A10 (relating to registration fees;
fund established; system; regulations) and may by regulation
adjust this amount if the department determines that a higher
fee is needed to cover the costs of carrying out the provisions
of this chapter. The department shall publish adjusted amounts
in the Pennsylvania Bulletin by June 1, 2009, and by June 1
every two years thereafter as necessary.
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§ 13A09. Penalties.
* * *
(g) Affirmative defense.--Any of the following is an
affirmative defense to an action brought under Chapter 11
(relating to ethics standards and financial disclosure) or this
chapter:
* * *
(2) The respondent or defendant relied on notice under
section 13A05(b)(3)(iv) (relating to expense reporting).
* * *
Section 4. This act shall take effect in 60 days.
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