PRINTER'S NO. 1001
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
980
Session of
2023
INTRODUCED BY GROVE, HAMM, STAMBAUGH AND ORTITAY, APRIL 24, 2023
REFERRED TO COMMITTEE ON STATE GOVERNMENT, APRIL 24, 2023
AN ACT
Amending Title 65 (Public Officers) of the Pennsylvania
Consolidated Statutes, in lobbying disclosure, further
providing for registration, for reporting, for exemption from
registration and reporting and for administration; and making
an editorial change.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "personnel expense" in section
13A03 of Title 65 of the Pennsylvania Consolidated Statutes is
amended 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:
* * *
"Personnel expense." An expenditure for salaries or other
forms of compensation, benefits, vehicle allowances, bonuses and
reimbursable expenses paid to lobbyists, lobbying staff,
research and monitoring staff, consultants, publications and
public relations staff, technical staff, clerical and
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administrative support staff and includes individuals who engage
in lobbying but are exempt from reporting under section 13A06
(relating to exemption from [registration and] reporting). For
an individual for whom lobbying is incidental to regular
employment, the term means a good faith prorated estimate based
on the value of the time devoted to lobbying.
* * *
Section 2. Section 13A04(a) of Title 65 is amended and
subsection (e) is amended by adding a paragraph 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 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.] Registration shall be
biennial and shall begin January 1, 2007. Unless excluded under
section 13A06 (relating to exemption from reporting), the
following shall apply:
(1) A lobbyist, lobbying firm or a principal that is
registered at the end of a biennial term shall be
automatically registered for the next biennial term, unless a
notice of termination under subsection (e) is filed with the
department by January 10 of the next biennial term.
(2) A lobbyist, lobbying firm or a principal that is not
registered at the end of a biennial term or which has filed a
notice of termination under paragraph (1) or previously, must
register within 10 days of acting in any capacity as a
lobbyist, lobbying firm or a principal.
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* * *
(e) Termination.--
* * *
(5) A lobbyist, lobbying firm or principal may file a
notice of termination at the conclusion of the relationship
between a principal and a lobbyist or lobbying firm.
Section 3. Section 13A05(b)(8) and (d) of Title 65 are
amended and the section is amended by adding a subsection to
read:
§ 13A05. Reporting.
* * *
(b) Content.--
* * *
(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
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
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] $1 for a registered principal in a
reporting period. [In a reporting period in which total expenses
are $2,500 or less, a statement to that effect shall be filed
electronically using the computerized filing system developed by
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the department that is consistent with the purpose of this
chapter.]
(d.1) Additional reporting thresholds.--An expense report
required 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 the economic
consideration for campaign consulting exceeds $2,500 for a
registered campaign consultant.
* * *
Section 4. Sections 13A06 and 13A08(f) and (j) 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] reporting under section 13A05 (relating to reporting):
(1) An individual who limits lobbying to preparing
testimony and testifying before a committee of the General
Assembly or participating in an administrative proceeding of
an agency.
(2) An individual who is an employee of an entity
engaged in the business of publishing or broadcasting while
engaged in the gathering and dissemination of news and
comment on the news to the general public in the ordinary
course of business.
(3) An individual who does not receive economic
consideration for lobbying.
[(4) An individual whose economic consideration for
lobbying, from all principals represented, does not exceed
$2,500 in the aggregate during any reporting period.
(5) An individual who engages in lobbying on behalf of
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the individual's employer if the lobbying represents less
than 20 hours during any reporting period.
(6) Except as required under section 13A05(d), a
principal whose total expenses for lobbying purposes do not
exceed $2,500 during any reporting period.]
(4.1) An individual whose economic consideration for
campaign consulting does not exceed $2,500 in the aggregate
during any reporting period.
(7) An elected State official who acts in an official
capacity.
(8) An appointed State official acting in an official
capacity.
(9) An elected or appointed official of a political
subdivision who is acting in an official capacity for the
political subdivision.
(10) An employee of the Commonwealth or an agency of the
Commonwealth who is acting in an official capacity for the
Commonwealth or agency.
(11) An individual representing a bona fide church or
bona fide religious body of which the individual is a member
where the lobbying is solely for the purpose of protecting
the constitutional right to the free exercise of religion.
(12) An individual who is not a registered lobbyist and
who serves on an advisory board, working group or task force
at the request of an agency or the General Assembly.
(13) Participating as a party or as an attorney at law
or representative of a party, case or controversy in any
administrative adjudication pursuant to 2 Pa.C.S. (relating
to administrative law and procedure).
(14) Expenditures and other transactions subject to
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reporting under Article XVI of the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code.
(15) Vendor activities under 62 Pa.C.S. §§ 514 (relating
to small procurements), 516 (relating to emergency
procurements) and efforts directly related to responding to
publicly advertised invitations to bid and requests for
proposals.
§ 13A08. Administration.
* * *
(f) Audits.--The following shall apply:
(1) Every two years the Secretary of the Commonwealth
shall contract for the services of one or more certified
public accountants or certified public accounting firms. The
contract shall be awarded in a manner consistent with the
provisions of 62 Pa.C.S. Pt. I (relating to Commonwealth
Procurement Code), and no certified public accountant or
certified public accounting firm shall be eligible to obtain
a contract for more than two successive contract periods.
(2) The secretary shall randomly select, at a public
drawing 60 days following the close of each fourth quarter
reporting period, 3% of all completed registrations and
expense reports filed with the department under this chapter.
(3) The certified public accountant shall conduct [the]
financial and performance audits in accordance with generally
accepted auditing standards and shall test as to whether each
registration or expense report is materially correct.
[(4) The audit report and findings shall be
confidential, except that the department shall make an audit
report and findings available to the commission if the
commission is investigating an alleged violation of this
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chapter involving the audited registration or expense report.
The commission shall include the relevant portion of an audit
as part of its findings of fact in a commission order which
results from an investigation arising out of an audit.]
(4.1) The audit reports and findings shall be made
public. The commission shall determine whether a report of
adverse findings warrants enforcement or remedial action
under the provisions of this chapter.
(5) Nothing in this subsection shall limit the authority
of the Department of Revenue under Article IV of the act of
March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
1971, to conduct audits to determine compliance with
applicable tax laws.
* * *
(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 reporting) and shall increase these
amounts to rates deemed reasonable for assuring appropriate
disclosure. On a biennial basis commencing in 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.
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* * *
Section 5. This act shall take effect in 180 days.
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