2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 65 - PUBLIC OFFICERS › Chapter 13A - Lobbying Disclosure › Section 13A03 - Definitions

§ 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:
"Administrative action."
Any of the following:
(1) An agency's:
(i) proposal, consideration, promulgation or rescission of a regulation;
(ii) development or modification of a statement of policy;
(iii) approval or rejection of a regulation; or
(iv) procurement of supplies, services and construction under 62 Pa.C.S. (relating to procurement).
(2) The review, revision, approval or disapproval of a regulation under the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.
(3) The Governor's approval or veto of legislation.
(4) The nomination or appointment of an individual as an officer or employee of the Commonwealth.
(5) The proposal, consideration, promulgation or rescission of an executive order.
"Affiliated political action committee."
As follows:
(1) Except as set forth in paragraph (2), a "political action committee" as defined in section 1621(l) of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, which has an officer who:
(i) must be included in a registration statement under section 1624(b)(2) and (3) of the Pennsylvania Election Code; and
(ii) is:
(A) a principal;
(B) an officer or an employee of a principal;
(C) a lobbyist; or
(D) an employee of a lobbyist.
(2) If an employee of a registrant serves as the officer of a political action committee in what is clearly a personal capacity and the goals and mission of that political action committee clearly have no relationship to the goals and mission of the registrant, that political action committee shall not be considered an affiliated political action committee for the purposes of this definition.
"Agency."
An agency, board, commission, authority or department of the executive department of the Commonwealth.
"Attorney at law."
An individual admitted to practice law by a court of record of this Commonwealth.
"Authorized representative, employee or agent."
An individual designated by a principal or lobbying firm to accept notices issued by the department or commission in accordance with this chapter.
"Bidder."
As defined in 62 Pa.C.S. § 103 (relating to definitions).
"Board."
The Disciplinary Board of the Supreme Court of Pennsylvania.
"Commission."
The State Ethics Commission.
"Compensation."
Anything of value, including benefits, received or to be received from a principal by one acting as a lobbyist.
"Contractor."
As defined in 62 Pa.C.S. § 103 (relating to definitions).
"Department."
The Department of State of the Commonwealth.
"Direct communication."
An effort, whether written, oral or by any other medium, made by a lobbyist or principal, directed to a State official or employee, the purpose or foreseeable effect of which is to influence legislative action or administrative action. The term may include personnel expenses and office expenses.
"Economic consideration."
Anything of value offered or received. The term includes compensation and reimbursement for expenses.
"Fund."
The Lobbying Disclosure Fund established in section 13A10(b) (relating to registration fees; fund established; system; regulations).
"Gift."
Anything which is received without consideration of equal or greater value. The term shall not include a political contribution otherwise reportable as required by law or a commercially reasonable loan made in the ordinary course of business. The term shall not include hospitality, transportation or lodging.
"Hospitality."
Includes all of the following:
(1) Meals.
(2) Beverages.
(3) Recreation and entertainment.
The term shall not include gifts, transportation or lodging.
"Immediate family."
An individual's spouse, child, parent, brother, sister and like relative-in-law.
"Indirect communication."
An effort, whether written, oral or by any other medium, to encourage others, including the general public, to take action, the purpose or foreseeable effect of which is to directly influence legislative action or administrative action.
(1) The term includes letter-writing campaigns, mailings, telephone banks, print and electronic media advertising, billboards, publications and educational campaigns on public issues.
(2) The term does not include regularly published periodic newsletters primarily designed for and distributed to members of a bona fide association or charitable or fraternal nonprofit corporation.
(3) The term may include personnel expenses and office expenses.
"Legislation."
Bills, resolutions, amendments and nominations pending or proposed in either the Senate or the House of Representatives. The term includes any other matter which may become the subject of action by either chamber of the General Assembly.
"Legislative action."
An action taken by a State official or employee involving the preparation, research, drafting, introduction, consideration, modification, amendment, approval, passage, enactment, tabling, postponement, defeat or rejection of:
(1) legislation;
(2) legislative motions;
(3) a veto by the Governor; or
(4) confirmation of appointments by the Governor or appointments to public boards or commissions by a member of the General Assembly.
"Lobbying."
An effort to influence legislative action or administrative action in this Commonwealth. The term includes:
(1) direct or indirect communication;
(2) office expenses; and
(3) providing any gift, hospitality, transportation or lodging to a State official or employee for the purpose of advancing the interest of the lobbyist or principal.
"Lobbying firm."
An entity that engages in lobbying for economic consideration on behalf of a principal other than the entity itself.
"Lobbyist."
Any individual, association, corporation, partnership, business trust or other entity that engages in lobbying on behalf of a principal for economic consideration. The term includes an attorney at law while engaged in lobbying.
"Offeror."
As defined in 62 Pa.C.S. § 103 (relating to definitions).
"Office expense."
An expenditure for an office, equipment or supplies, utilized for lobbying.
"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 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.
"Principal."
An individual, association, corporation, partnership, business trust or other entity:
(1) on whose behalf a lobbying firm or lobbyist engages in lobbying; or
(2) that engages in lobbying on the principal's own behalf.
"Registrant."
A registered lobbyist, registered lobbying firm or registered principal.
"Regulation."
Any rule, regulation or order in the nature of a rule or regulation, including formal and informal opinions of the Attorney General, of general application and future effect, promulgated by an agency under statutory authority in the administration of a statute administered by or relating to the agency or prescribing the practice or procedure before the agency.
"Reporting period."
Any of the following periods:
(1) January 1 through March 31.
(2) April 1 through June 30.
(3) July 1 through September 30.
(4) October 1 through December 31.
"State budget process."
The consideration and passage of acts relating to expenditures of funds and the generation of revenues by the General Assembly.
"Statement of policy."
The term includes a guideline.
"State official or employee."
An individual elected or appointed to a position in State government or employed by State government, whether compensated or uncompensated, who is involved in legislative action or administrative action.
"Vendor."
Any offeror, bidder or contractor that, for economic consideration, sells or provides a service or supply or engages in construction. The term does not include an attorney at law, a lobbyist or a lobbying firm.
(Feb. 14, 2018, P.L.2, No.2, eff. 60 days)
2018 Amendment.
Act 2 added the def. of "authorized representative, employee or agent."
Cross References.
Section 13A03 is referred to in sections 1102, 13A07 of this title.