SB 169 — An Act amending Title 65 (Public Officers) of the Pennsylvania Consolidated Statutes, in lobbying disclosure, further providing for registration, for reporting, for prohibited activities and for registration fees, fund established, system and regulations.

PRIOR PRINTER'S NO.

145 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

554169 THE2017 GENERALINTRODUCED ASSEMBLYBY OFLAUGHLIN, PENNSYLVANIAEICHELBERGER, SENATESCARNATI, BILLYAW, SessionALLOWAY, ofFOLMER, No.YUDICHAK, COSTA, SCHWANK, RESCHENTHALER, VULAKOVICH AND AUMENT, JANUARY 20, 2017 REFERRED TO STATE GOVERNMENT, JANUARY 20, 2017 AN ACT AmeConsolidated Statutes, in lobbying disclosure, further providing for registration, for reporting and for registration fees, fund established, system and regulations.

169 2017 INTRODUCED BY LAUGHLIN, EICHELBERGER, SCARNATI, YAW, ALLOWAY, AUMENT, RAFFERTY, BAKER, BOSCOLA, WARD AND WAGNER,ULAKOVICH, JANUARY 20, 2017 AS AMENDED ON THIRD CONSIDERATION, MARCH 21, 2017 AN ACT Amending Title 65 (Public Officers) of the Pennsylvania Consolidated Statutes, in lobbying disclosure, further providing for registration, for reporting, FOR PROHIBITED <-- ACTIVITIES and for registration fees, fund established, system and regulations.

Sections 13A04(a), (d) and (e)(1), 13A05(a), (b) <-- (4), (6) and (8) and (d) and 13A10(c) of Title 65 of the Pennsylvania Consolidated Statutes are amended to read:

SECTION 1.

SECTIONS 13A04(A), (D) AND (E)(1) AND 13A05(A), <-- (B)(4), (6) AND (8) AND (D) OF TITLE 65 OF THE PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED TO READ:

(a) General rule.--A registered principal shall, under oath or affirmation, file quarterly expense reports with the 20170SB0169PN0554 - 2 - department electronically using the computerized filing system developed by the department that is consistent with the purpose of this chapter no later than 30 days after the last day of the quarter.

20170SB0169PN0145 - 2 - (b) Content.-- * * * (4) A lobbying firm or a lobbyist not associated with a lobbying firm shall sign the reports electronically submitted by each principal for whom the lobbying firm or lobbyist is registered to attest to the validity and accuracy to the best of the attestor's knowledge.

* * * (8) A lobbying firm or a lobbyist not associated with a lobbying firm shall submit a report electronically using the computerized filing system developed by the department that is consistent with the purpose of this chapter if the lobbying firm or lobbyist engaged in lobbying on behalf of 20170SB0169PN0554 - 3 - any entity that is exempt under section 13A06(7), (8), (9) or (10) (relating to exemption from registration and reporting).

* * * (d) Thresholds for reporting.--An expense report required 20170SB0169PN0145 - 3 - under this section shall be filed electronically using the computerized filing system developed by the department that is consistent with the purpose of this chapter when total expenses for lobbying exceed $2,500 for a registered principal in a reporting period.

* * * SECTION§ 2.13A10.

SECTION 13A07(E)(1) AND (2) OF TITLE 65 ARE <-- AMENDED AND THE SECTION IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 13A07.

PROHIBITED ACTIVITIES.

* * * (E) CONTINGENT COMPENSATION.-- (1) A PERSON MAY NOT COMPENSATE OR INCUR AN OBLIGATION TO COMPENSATE A PERSON TO ENGAGE IN LOBBYING FOR COMPENSATION CONTINGENT IN WHOLE OR IN PART UPON ANY OF THE FOLLOWING:

(I) OCCURRENCE, NONOCCURRENCE OR AMENDMENT OF LEGISLATIVE ACTION.

(II) OCCURRENCE, NONOCCURRENCE OR AMENDMENT OF AN ADMINISTRATIVE ACTION [OTHER THAN PROCUREMENT DESCRIBED IN PARAGRAPH (1)(IV) OF THE DEFINITION OF "ADMINISTRATIVE ACTION" UNDER SECTION 13A03 (RELATING TO DEFINITIONS)].

(III) THE RECEIPT OR AWARD OF A GRANT, CREDIT, LOAN, 20170SB0169PN0554 - 4 - CAPITAL FUNDING, CONTRACT OR ANY OTHER FORM OF COMMONWEALTH FUNDS AWARDED BY AN AGENCY.

THE PROVISIONS OF THIS SUBPARAGRAPH SHALL APPLY TO AN AFFILIATED ENTITY.

(2) A PERSON MAY NOT ENGAGE IN OR AGREE TO ENGAGE IN LOBBYING FOR COMPENSATION CONTINGENT IN WHOLE OR IN PART UPON ANY:

(I) OCCURRENCE, NONOCCURRENCE OR AMENDMENT OF LEGISLATIVE ACTION.

(II) OCCURRENCE, NONOCCURRENCE OR AMENDMENT OF AN ADMINISTRATIVE ACTION [OTHER THAN PROCUREMENT DESCRIBED IN PARAGRAPH (1)(IV) OF THE DEFINITION OF "ADMINISTRATIVE ACTION" UNDER SECTION 13A03].

(III) THE RECEIPT OR AWARD OF ANY GRANT, CREDIT, LOAN, CAPITAL FUNDING, CONTRACT OR ANY OTHER FORM OF COMMONWEALTH FUNDS AWARDED BY AN AGENCY.

THE PROVISIONS OF THIS SUBPARAGRAPH SHALL APPLY TO AN AFFILIATED ENTITY.

* * * (G) DEFINITIONS.--THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS SECTION SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"AFFILIATED ENTITY." ANY OF THE FOLLOWING:

(1) A SUBSIDIARY OR HOLDING COMPANY OF A LOBBYING FIRM OR OTHER BUSINESS ENTITY OWNED IN WHOLE OR IN PART BY A LOBBYING FIRM.

(2) AN ORGANIZATION RECOGNIZED BY THE INTERNAL REVENUE SERVICE AS A TAX-EXEMPT ORGANIZATION UNDER SECTION 501(C) OF THE INTERNAL REVENUE CODE OF 1986 (PUBLIC LAW 99-514, 26 U.S.C.

§ 501(C)) ESTABLISHED BY A LOBBYIST OR LOBBYING FIRM OR AN AFFILIATED ENTITY.

SECTION 3.

SECTION 13A10(C) OF TITLE 65 IS AMENDED TO READ:

20170SB0169PN0554 - 5 - § 13A10.

* * * Section 22. 4.

<-- (1) The amendment of 65 Pa.C.S.

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