Bill Text: PA SB60 | 2009-2010 | Regular Session | Introduced

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Bill Title: In lobbying disclosure, further providing for definitions, for reporting and for prohibited activities.

Spectrum: Partisan Bill (Republican 9-0)

Status: (Introduced - Dead) 2009-01-29 - Referred to STATE GOVERNMENT [SB60 Detail]

Download: Pennsylvania-2009-SB60-Introduced.html

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PRINTER'S NO. 49
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 60 Session of2009
INTRODUCED BY PICCOLA, BAKER, FOLMER, ORIE, EICHELBERGER, RAFFERTY, BROWNE AND WAUGH, JANUARY 29, 2009
REFERRED TO STATE GOVERNMENT, JANUARY 29, 2009
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, in lobbying disclosure, further
providing for definitions, for reporting and for prohibited
activities.
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:
* * *
"Widely attended." An event which must contain an audience
of invitees of 50 or more people.
Section 2. Sections 13A05(b)(2) and (3) and 13A07(f) of
Title 65 are amended to read:
§ 13A05. Reporting.
* * *
(b) Content.
* * *
(2) Each expense report shall include the total costs of
all lobbying for the period. The total shall include all
office expenses, personnel expenses, expenditures related to
[gifts, hospitality, transportation and lodging] admission,
food or refreshments to State officials or employees, and any
other lobbying costs. The total amount reported under this
paragraph shall be allocated in its entirety among the
following categories:
(i) The costs for [gifts, hospitality,
transportation and lodging] admission, food or
refreshments given to or provided to State officials or
employees or their immediate families.
(ii) The costs for direct communication.
(iii) The costs for indirect communication.
(iv) Expenses required to be reported under this
subsection shall be allocated to one of the three
categories listed under this section and shall not be
included in more than one category.
* * *
[(3) The following apply:
(i) In addition to reporting the totals required
under this subsection, the expense report must identify,
by name, position and each occurrence, a State official
or employee who receives from a principal or lobbyist
anything of value which must be included in the statement
under section 1105(b)(6) or (7) (relating to statement of
financial interests) as implemented by section 1105(d).
(ii) For purposes of this chapter, the amount
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referred to in section 1105(b)(7) shall be considered an
aggregate amount per year.
(iii) For purposes of this chapter, the amount
referred to in section 1105(b)(7) shall not include the
cost of a reception which the State official or employee
attends in connection with public office or employment.
(iv) Written notice must be given to each State
official or employee who is listed in an expense report
under this paragraph at least seven days prior to the
report's submission to the department. Notice under this
subparagraph shall include the information which will
enable the State official or employee to comply with
section 1105(b)(6) and (7). For purposes of this chapter
and Chapter 11 (relating to ethics standards and
financial disclosure), section 1105(b)(6) and (7) shall
constitute mutually exclusive categories. For each
category enumerated in paragraph (2)(i), each notice
shall include both the amount incurred during the quarter
and the cumulative amount incurred from January 1 through
the end of the applicable quarter.
(v) This paragraph shall not apply to anything of
value received from immediate family when the
circumstances make it clear that motivation for the
action was the personal or family relationship.]
* * *
§ 13A07. Prohibited activities.
* * *
(f) Unlawful acts.--
(1) A lobbyist or principal may not:
(i) Instigate the introduction of legislation for
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the purpose of obtaining employment to lobby in
opposition to that legislation.
(ii) Knowingly counsel a person to violate this
chapter or any other Federal or State statute.
(iii) Engage in or counsel a person to engage in
fraudulent conduct.
(iv) Attempt to influence a State official or
employee on legislative or administrative action by
making or facilitating the making of a loan to the State
official or employee.
(v) While engaging in lobbying on behalf of the
principal, refuse to disclose to a State official or
employee, upon request, the identity of the principal.
(vi) Commit a criminal offense arising from
lobbying.
(vii) Influence or attempt to influence, by
coercion, bribery or threat of economic sanction, a State
official or employee in the discharge of the duties of
office.
(viii) Extort or otherwise unlawfully retaliate
against a State official or employee by reason of the
State official's or employee's position with respect to
or vote on administrative or legislative action.
(ix) Attempt to influence a State official or
employee on legislative or administrative action by the
promise of financial support or the financing of
opposition to the candidacy of the State official or
employee at a future election.
(x) Engage in conduct which brings the practice of
lobbying or the legislative or executive branches of
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State government into disrepute.
(xi) Provide or reimburse a State official or
employee with a gift, hospitality, lodging or travel
expenses, except a State official or employee may
receive:
(A) A plaque or decorative item recognizing an
individual for an accomplishment, a trinket or
memento of insignificant value.
(B) Complimentary admission or food or
refreshments at an event that is not recreational in
nature and is widely attended or was in good faith
intended to be widely attended when attendance at the
event is related to the State official's or
employee's duties or responsibilities as a State
official or employee or allows the State official or
employee to perform a ceremonial function appropriate
to the official's or employee's position.
(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:
(i) shall impose an administrative penalty in an
amount not to exceed $2,000; and
(ii) may prohibit a lobbyist from lobbying for
economic consideration for up to five years.
(3) The commission:
(i) may, as it deems appropriate, refer an alleged
violation of this subsection to the Attorney General for
investigation and prosecution; and
(ii) shall, if the subject of the complaint is an
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attorney at law, refer an alleged violation of this
subsection to the board.
Section 3. This act shall take effect in 60 days.
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