PRINTER'S NO. 1766
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1601
Session of
2021
INTRODUCED BY HAMM, CUTLER, KERWIN, B. MILLER, PENNYCUICK,
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 equity reporting and
further providing for administration; and making editorial
changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The heading of section 13A05 of Title 65 of the
Pennsylvania Consolidated Statutes is amended to read:
§ 13A05. [Reporting] Expense reporting.
* * *
Section 2. Title 65 is amended by adding a section to read:
§ 13A05.1. Equity reporting.
Each lobbying firm and lobbyist required to register under
section 13A04(a) (relating to registration) shall, subject to
the penalties under 18 Pa.C.S. § 4904 (relating to unsworn
falsification to authorities), electronically file an annual
equity report using the computerized filing system developed by
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the department. Equity reports shall disclose any equity a
lobbying firm or lobbyist holds in an entity for which they are
lobbying and shall be consistent with the purpose of this
chapter. Equity reports shall be filed no later than 30 days
after the last day of the quarter and may include any additional
information required by the department.
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.
* * *
(d) Conflicts of interest.--
* * *
(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.
* * *
§ 13A08. Administration.
* * *
(c) Public inspection and copying.--The department shall
make completed registration statements, expense reports, equity
reports and notices of termination, which have been filed with
the department, available for public inspection and provide
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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.
* * *
§ 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:
* * *
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(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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