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A02667
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1600
Session of
2021
INTRODUCED BY PENNYCUICK, CUTLER, KERWIN, B. MILLER, 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 definitions, for registration and for
reporting; and making editorial changes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 13A03 of Title 65 of the Pennsylvania
Consolidated Statutes is amended by adding a definition 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:
* * *
"Campaign consultant." An individual who receives
compensation for professional campaign-related professional
services , including, but not limited to, political, strategic,
advisory or fundraising services, rendered to a campaign to
elect an individual to office.
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* * *
Section 2. Section 13A04(a) and (e) of Title 65 are 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), a
lobbyist, lobbying firm [or a], principal or campaign consultant
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 or campaign consultant. Registration shall be biennial
and shall begin January 1, 2007.
* * *
(c.1) Campaign consultants.--A campaign consultant who is
required to register under subsection (a) shall file a single
registration statement providing the following information to
the department:
(1) Name.
(2) Permanent business address.
(3) Daytime telephone number.
(4) E-mail address, if available.
(5) Name of the political candidate or candidates for
whom the consultant will be working.
(6) Each office for which the political candidate is
seeking election.
* * *
(e) Termination.--
(1) A lobbyist, lobbying firm [or], principal or
campaign consultant may terminate registration by filing
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notice of termination with the department electronically
using the computerized filing system developed by the
department that is consistent with the purpose of this
chapter.
(2) After a review of the notice of termination, but no
later than 15 days after receipt of the notice, the
department shall issue to the lobbyist, lobbying firm [or],
principal or campaign consultant a letter stating that the
registrant has terminated registration. The filing of notice
shall not affect the commission's authority to conduct
investigations and hearings under section 13A08(g) (relating
to administration).
(3) No lobbying may occur after the filing of notice of
termination unless the lobbying is pursuant to a separate
registration statement which is filed with the department and
which, at the time of the lobbying, has not been terminated.
(4) Nothing in this subsection shall be construed to
exempt a lobbyist, lobbying firm [or], principal or campaign
consultant from any of the requirements in section 13A05
(relating to expense reporting).
Section 3. The heading of section 13A05 of Title 65 is
amended to read:
§ 13A05. [Reporting] Expense reporting.
* * *
Section 4. Sections 13A06 introductory paragraph, (3) and
(4), 13A07(d)(5), 13A08(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
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reporting under section 13A05 (relating to expense reporting):
* * *
(3) An individual who does not receive economic
consideration for lobbying or services rendered to a
campaign.
(4) An individual whose economic consideration for
lobbying, from all principals represented, or for services
rendered to all campaigns assisted, does not exceed $2,500 in
the aggregate during any reporting period.
* * *
§ 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.
* * *
(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
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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:
* * *
(2) The respondent or defendant relied on notice under
section 13A05(b)(3)(iv) (relating to expense reporting).
* * *
Section 5. This act shall take effect in 60 180 days.
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