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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY CUTLER, BOYD, CLYMER, CREIGHTON, DENLINGER, FREEMAN, GEIST, GINGRICH, GOODMAN, HICKERNELL, METCALFE, MILNE, MURT, QUINN, ROAE, SCAVELLO, SWANGER, TRUE AND VULAKOVICH, MAY 5, 2009 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, MAY 5, 2009 |
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| AN ACT |
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1 | Amending Title 65 (Public Officers) of the Pennsylvania |
2 | Consolidated Statutes, further providing for prohibited |
3 | activities and for penalties. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Sections 13A07(f)(2) and 13A09(c)(1) and (e) of |
7 | Title 65 of the Pennsylvania Consolidated Statutes are amended |
8 | to read: |
9 | § 13A07. Prohibited activities. |
10 | * * * |
11 | (f) Unlawful acts.-- |
12 | * * * |
13 | (2) The commission may receive complaints regarding |
14 | violations of this subsection. If the commission determines a |
15 | violation of this subsection has occurred, the commission, |
16 | after investigation, notice and hearing: |
17 | (i) shall impose an administrative penalty in an |
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1 | amount not to exceed [$2,000] $10,000; and |
2 | (ii) may prohibit a lobbyist from lobbying for |
3 | economic consideration for up to [five] ten years. |
4 | * * * |
5 | § 13A09. Penalties. |
6 | * * * |
7 | (c) Negligent failure to register or report.-- |
8 | (1) Negligent failure to register or report as required |
9 | by this chapter is punishable by an administrative penalty |
10 | not exceeding [$50] $250 for each late day. |
11 | * * * |
12 | (e) Intentional violations.-- |
13 | (1) A person that intentionally fails to register or |
14 | report as required by this chapter commits a misdemeanor of |
15 | the [second] first degree. |
16 | (2) A registrant who files a report under this chapter |
17 | with knowledge that the report contains a false statement or |
18 | is incomplete commits a misdemeanor of the [second] first |
19 | degree. |
20 | (3) Except as set forth in paragraph (1) or (2), a |
21 | person that intentionally violates this chapter commits a |
22 | misdemeanor of the [third] second degree. In addition to any |
23 | other penalties imposed under this chapter, the court may |
24 | impose a fine not to exceed [$25,000] $100,000 against a |
25 | principal who is found guilty under this paragraph. |
26 | (4) In addition to any criminal penalties imposed under |
27 | this chapter, the commission may prohibit a person from |
28 | lobbying for economic consideration for up to [five] ten |
29 | years for conduct which constitutes an offense under this |
30 | subsection. Criminal prosecution or conviction is not |
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1 | required for the imposition of the prohibition authorized by |
2 | this paragraph. The commission shall not impose the |
3 | prohibition under this paragraph unless the person has been |
4 | afforded the opportunity for a hearing, which shall be |
5 | conducted by the commission in accordance with sections |
6 | 1107(14) and 1108(e). |
7 | * * * |
8 | Section 2. This act shall take effect immediately. |
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