2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 65 - PUBLIC OFFICERS › Chapter 13A - Lobbying Disclosure › Section 13A05 - Reporting

§ 13A05. Reporting.
(a) General rule.--
A registered principal shall, subject to the penalties under 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities), file quarterly expense reports with the 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.
(b) Content.--
(1) Each expense report must list the names and registration numbers when available of all lobbyists by whom lobbying is conducted on behalf of the principal and the general subject matter or issue being lobbied.
(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 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 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.
(2.1) For purposes of filing an expense report under this subsection, a registrant may use any reasonable methods of estimation and allocation.
(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 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.
(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. A lobbying firm or lobbyist may attach a statement to the electronic report of a principal, describing the limits of the knowledge of the lobbying firm or lobbyist concerning the information contained in the expense report.
(5) The expense report shall also include the name, permanent business address and daytime telephone number of any individual, association, corporation, partnership, business trust or other business entity which contributed more than 10% of the total resources received by the principal during the reporting period.
(6) A lobbying firm or a lobbyist not associated with a lobbying firm shall submit an expense report electronically using the computerized filing system developed by the department that is consistent with the purpose of this chapter if during the reporting period the lobbying firm or lobbyist engaged in lobbying which was not contained in any expense report filed by a principal or principals represented.
(7) A registered principal that attempts or that retains a lobbying firm or lobbyist to attempt to influence an agency's preparing, bidding, entering into or approving a contract shall ensure that the related expenses are included under paragraph (2).
(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).
(c) Records retention.--
A registrant shall retain all documents reasonably necessary to substantiate the reports to be made under this section for four years from the date of filing the subject report. Upon request by the Office of Attorney General, the board, the commission or the department, these materials shall be made available for inspection within a reasonable period of time.
(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 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 the department that is consistent with the purpose of this chapter.
(e) Indirect communication disclosure.--
Whenever any person makes an expenditure for indirect communication under this chapter, for the purpose of disseminating or initiating a communication, such as a mailing, telephone bank, print or electronic media advertisement, billboard, publication or education campaign, the communication shall clearly and conspicuously state the name of the person who made or financed the expenditure for the communication.
(Feb. 14, 2018, P.L.2, No.2, eff. 60 days)
2018 Amendment.
Act 2 amended subsecs. (a), (b)(4), (6) and (8) and (d).
Cross References.
Section 13A05 is referred to in sections 13A04, 13A06, 13A07, 13A08, 13A09 of this title.