THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY CUTLER, NEUMAN, METCALFE, HICKERNELL, D. COSTA, AUMENT, GINGRICH, WHITE, DeLUCA, SANTARSIERO, MURT, LAWRENCE AND GALLOWAY, FEBRUARY 14, 2013
REFERRED TO COMMITEE ON STATE GOVERNMENT, FEBRUARY 14, 2013
Amending Title 65 (Public Officers) of the Pennsylvania Consolidated Statutes, in lobbying disclosure, further providing for definitions, for prohibited activities, for penalties and for registration filing system.
Section 1. Section 13A03 of Title 65 of the Pennsylvania Consolidated Statutes is amended by adding definitions to read:
§ 13A03. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
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"Campaign manager." A person in charge of day-to-day management of a political campaign or anyone who has a title of campaign manager by a candidate or political committee, whether paid or unpaid.
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"Political consultant." A person compensated for giving political advice.
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Section 2. Sections 13A07(a) and (f)(2), 13A09(c)(1) and (e) and 13A10(c) of Title 65 are amended to read:
(a) Political committees.--
(1) A lobbyist may not serve as a treasurer or other officer who must be included in a registration statement under section 1624(b)(2) and (3) of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, for a candidate's political committee or a candidate's political action committee if the candidate is seeking a Statewide office or the office of Senator or Representative in the General Assembly.
(2) A lobbyist may not serve as a campaign manager or political consultant for a candidate seeking a Statewide office or the office of Senator or Representative in the General Assembly.
(2) The commission may receive complaints regarding violations of this subsection. If the commission determines a violation of this subsection has occurred, the commission, after investigation, notice and hearing:
(3) Except as set forth in paragraph (1) or (2), a person that intentionally violates this chapter commits a misdemeanor of the [third] second degree. In addition to any other penalties imposed under this chapter, the court may impose a fine not to exceed [$25,000] $100,000 against a principal who is found guilty under this paragraph.
(4) In addition to any criminal penalties imposed under this chapter, the commission may prohibit a person from lobbying for economic consideration for up to [five] ten years for conduct which constitutes an offense under this subsection. Criminal prosecution or conviction is not required for the imposition of the prohibition authorized by this paragraph. The commission shall not impose the prohibition under this paragraph unless the person has been afforded the opportunity for a hearing, which shall be conducted by the commission in accordance with sections 1107(14) and 1108(e).
(1) The department shall implement a fully accessible system to accommodate the use of computerized filing. [Each registrant shall elect on an annual basis whether the registrant will file all of the documents required by this chapter either electronically or on paper with the department.] At the time of filing a document required under this chapter, a registrant may elect to file the document electronically or on paper with the department.
(2) If a document is filed electronically, the department shall issue to the registrant an electronic receipt which includes a confirmation number and the date and time of filing. The registrant may rely on the electronic receipt as proof of the time of filing.
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