reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part I - State Ethics Commission › Chapter 23 - COMMISSION › GENERAL PROVISIONS › Section 23.2 - Quorum

Current through Register Vol. 54, No. 28, July 13, 2024
A minimum of four members of the Commission will constitute
					 a quorum. In a meeting, the majority vote of the quorum will constitute
					 official action, except as provided in §§
										21.28 and
					 23.22(e) 
					 (relating to decision; and prohibited activities).
This section cited in 51 Pa. Code §
												13.3 (relating to
						opinions).
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part I - State Ethics Commission › Chapter 23 - COMMISSION › GENERAL PROVISIONS › Section 23.3 - Presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Commission will elect a Chair and Vice Chair. The Chair will preside over
				  Commission meetings. If the Chair is absent or that position is vacant, the
				  Vice Chair will preside.
(b) If the
				  Chair and Vice Chair will be absent from a Commission meeting, the Chair, or
				  the Vice Chair if presiding, may designate a Commission member to preside for a
				  scheduled meeting.
(c) If no
				  designation is made under subsection (b), the Commission will elect from among
				  its members, a presiding officer by a majority vote.
(d) The presiding officer will rule upon
				  matters at the meeting and take action as may be necessary to ensure that the
				  meeting proceeds in an orderly and proper manner.
This section cited in 51 Pa. Code §
												13.3 (relating to
						opinions).
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part I - State Ethics Commission › Chapter 23 - COMMISSION › GENERAL PROVISIONS › Section 23.4 - Conduct of meetings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Statements.
Persons in attendance before the Commission may be
				  given a reasonable time in which to make relevant commentary. A person may be
				  questioned during the presentation. The presentation may be terminated by the
				  presiding officer if a reasonable time has expired or if the statement is
				  irrelevant.
(b)
Questioning.
The authority to question an individual making a
				  statement will be limited to the presiding officer, other members of the
				  Commission and to the extent permitted by the presiding officer, staff members
				  and the parties.
(c)
Public
				  meetings.
Meetings of the Commission will be open to the general
				  public at a time and place announced in advance under 65 Pa.C.S. §§
				  701-716 (relating to Sunshine Act).
(d)
Executive session.
Executive sessions of the Commission will be announced at public meetings of
				  the Commission, including the time and reason for holding of an executive
				  session.
This section cited in 51 Pa. Code §
												13.3 (relating to
						opinions).
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part I - State Ethics Commission › Chapter 23 - COMMISSION › GENERAL PROVISIONS › Section 23.5 - Records of meetings

Current through Register Vol. 54, No. 28, July 13, 2024
Records of public meetings will be kept by the Executive
					 Director and filed within a reasonable time following each Commission meeting.
					 These records will be made available for public inspection during office
					 hours.
This section cited in 51 Pa. Code §
												13.3 (relating to
						opinions).
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part I - State Ethics Commission › Chapter 23 - COMMISSION › GENERAL PROVISIONS › Section 23.6 - Supplemental procedures

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission may adopt supplemental procedures or
					 guidelines to govern the administrative and internal operations of the
					 Commission in its discretion by resolution of a majority of a
					 quorum.
This section cited in 51 Pa. Code §
												13.3 (relating to
						opinions).
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part I - State Ethics Commission › Chapter 23 - COMMISSION › GENERAL PROVISIONS › Section 23.7 - Election of Chair and Vice Chair

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At
				  the first meeting of every odd calendar year, a quorum of the Commission will
				  elect a Chair and Vice Chair. Commission members who are nominated for these
				  positions are not precluded from voting.
(b) The term of office for the Chair and Vice
				  Chair is 2 years or until the election of the Chair and Vice Chair as set forth
				  in subsection (a).
(c) The Chair
				  and Vice Chair are eligible to serve successive terms.
(d) Notice of the election will be public and
				  announced during the final meeting of the Commission in the year preceding the
				  year in which the terms of office of the serving officers expire.
(e) In the event of the completion of the
				  term of office and non-reappointment, resignation, removal or incapacity of the
				  Chair, the Vice Chair will serve the unexpired term of the Chair or will serve
				  during the period of incapacity of the Chair.
(f) Upon the resignation, removal, completion
				  of the term and non-reappointment, or in the event that the Vice Chair must
				  assume the duties of the Chair, a majority of the quorum of the Commission may
				  schedule a special election to elect a Vice Chair.
(g) Notice of a special election will be
				  publicly announced at least 30 days prior to the election. Notice will be
				  forwarded to the members of the Commission.
(h) The Chair, or Vice Chair may be removed
				  as officers, but not as Commissioners, for just cause upon a majority vote of
				  the Commission.
(i) A motion to
				  remove a member of the Commission from the offices mentioned in subsection (h)
				  may be made by a Commission member.
(j) A member may not be removed unless given
				  reasonable notice and an opportunity to be heard.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part I - State Ethics Commission › Chapter 23 - COMMISSION › CODE OF CONDUCT › Section 23.21 - Code of conduct

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Due
				  to their special position, Commissioners have a higher duty than other public
				  officials to avoid conflicts of interests. Respect for the act can be
				  maintained only if Commission members are models of ethical behavior. The
				  purpose of this section and §§
										23.22 and
				  23.23 (relating to prohibited
				  activities; and limitations on voting/recusal) is to guide the Commissioners so
				  that their behavior meets the highest of ethical standards.
(b) The provisions of this section and
				  §§
										23.22 and
				  23.23 are in addition to the
				  duties, responsibilities or obligations imposed upon the Commission members as
				  public officials under the act.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part I - State Ethics Commission › Chapter 23 - COMMISSION › CODE OF CONDUCT › Section 23.22 - Prohibited activities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  Commissioner may not be employed by the Commonwealth or a political subdivision
				  of the Commonwealth in a capacity with or without compensation, including
				  holding another public office or position.
(b) A Commissioner may not hold an office in
				  a political party during his tenure or for 1 year prior to his appointment to
				  the Commission, nor may a member hold office in a political committee during
				  his tenure.
(c) A Commissioner, a
				  spouse of a Commissioner or a member of a Commissioner's immediate family
				  residing in the Commissioner's household may not actively participate in or
				  contribute to a political campaign.
(1)
				  Active participation in a campaign includes attempting to assist a candidate or
				  nominee to obtain public office, soliciting support or information,
				  distributing campaign materials or advertisements, fundraising, publicly
				  supporting a candidate, participating in an organized effort for the purpose of
				  helping a candidate or nominee or attending a fundraiser or dinner on behalf of
				  a candidate.
(2) This section does
				  not abridge the right of a Commissioner to vote or attend a debate, speech or
				  similar event that is held primarily for the purpose of communicating a
				  candidate's platform or position on issues of public
				  concern.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part I - State Ethics Commission › Chapter 23 - COMMISSION › CODE OF CONDUCT › Section 23.23 - Limitations on voting/recusal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  Commissioner is required to recuse himself from a matter which involves persons
				  with whom the Commissioner has a direct involvement, personally or financially.
(1) A Commissioner is deemed to have a direct
				  personal involvement with members of his immediate family as defined in the
				  act, in-laws and close friends.
(2)
				  A Commissioner has a direct financial involvement with an individual who owns a
				  part of or is employed by a business with which the Commissioner is associated
				  within the 2 years prior to the Commission's review of a matter in question if
				  the financial involvement was of more than a de minimis nature.
(3) If a Commissioner recuses himself from a
				  matter he will:
(i) Remove himself from that
				  segment of the Commission meeting wherein the matter is to be discussed and
				  avoid casual discussion of the matter with other Commissioners.
(ii) Receive no further information from the
				  Commission or the Commission staff regarding the matter.
(iii) Receive copies of minutes of the
				  meeting containing deletions so as to not disclose the matter to the
				  Commissioner.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part I - State Ethics Commission › Chapter 25 - WRONGFUL USE OF THE ACT › Section 25.1 - Wrongful use of the act

Current through Register Vol. 54, No. 28, July 13, 2024
Wrongful use of the act is established by one or more of the
				  following elements:
(1) The filing of
				a frivolous complaint which is a complaint filed in a grossly negligent manner
				without basis in law or fact.
(2)
				The filing of a complaint without probable cause, primarily for a purpose other
				than reporting a violation of the act.
(3) Disclosing publicly or causing to be
				publicly disclosed the fact that an individual is the subject of a complaint or
				Commission investigation.
This section cited in 51 Pa. Code §
											25.2 (relating to initiation of
					 proceedings).
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part I - State Ethics Commission › Chapter 25 - WRONGFUL USE OF THE ACT › Section 25.2 - Initiation of proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Commission may initiate proceedings to determine whether there has been a
				wrongful use of the act through the filing of a notification by a public
				official/ public employee as provided for in
				65 Pa.C.S. §
										1108(l) (relating to
				investigations by commission), which notification shall contain the following:
(1) A reference identifying the
				complaint/investigation involved.
(2) A detailed explanation as to the reasons,
				information, facts or evidence establishing the elements of wrongful use of act
				as outlined in
				25.1 (relating to wrongful use of
				the act).
(3) If applicable,
				identification of the person publicly disclosing the existence of Commission
				proceedings and the specific nature of the disclosure.
(4) Additional information necessary to the
				resolution of the matter.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part I - State Ethics Commission › Chapter 25 - WRONGFUL USE OF THE ACT › Section 25.3 - Disposition

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Pursuant to a
				notification containing the requisite information outlined in §
									25.2 (relating to initiation of
				proceedings), the Commission will initiate proceedings by conducting an
				investigation to determine whether there has been a wrongful use of
				act.
(b) The investigation will be
				conducted in a confidential manner.
(c) The investigation may incorporate
				information which the Commission has already obtained.
(1) If the Commission determines a complaint
				has been filed in violation of the act, it will release the name and address of
				the complainant to the respondent after giving the complainant notice and an
				opportunity to be heard on the issue of whether the complainant wrongfully used
				the act.
(2) If the Commission
				determines that a complaint was proper, it will so notify the respondent who
				may appeal that determination and the Commission will schedule a
				hearing.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part I - State Ethics Commission › Chapter 25 - WRONGFUL USE OF THE ACT › Section 25.4 - Appeal of determination

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Both the complainant and the subject have standing and either may appeal the
				preliminary determination to the Commission.
(1) Any appeal shall be filed with the
				Commission within 30 days of service of the preliminary
				determination.
(2) If there is no
				timely appeal filed, the Commission's initial determination will become
				absolute and will become the final determination of the Commission in the
				matter as to wrongful use of the act.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 51 - GENERAL PROVISIONS › Section 51.1 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this part, have
				  the following meanings, unless the context clearly indicates otherwise:
Act
-65 Pa.C.S. Chapter 13A (relating to
				  lobbying disclosure).
Administrative action
-The term includes one
				  or more of the following:
(i) An
				agency's proposal, consideration, promulgation or rescission of a regulation;
				development or modification of a guideline or a statement of policy; approval
				or rejection of a regulation; or procurement of supplies, services and
				construction under 62 Pa.C.S. (relating to procurement).
(ii) The review, revision, approval or
				disapproval of a regulation under the Regulatory Review Act.
(iii) The Governor's approval or veto of
				legislation.
(iv) The nomination or
				appointment of an individual as an officer or employee of the
				Commonwealth.
(v) The proposal,
				consideration, promulgation or rescission of an executive order.
Affiliated political action
				  committee
-
(i) Includes a
				"political action committee" as defined in section 1621(l) of the Election Code
				(25
				P. S. §
										3241(l)), which
				has an officer who:
(A) Is a chairperson or
				treasurer.
(B) Is one or more of
				the following:
(I) A principal.
(II) An officer or employee of a
				principal.
(III) A
				lobbyist.
(IV) An employee of a
				lobbyist.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 51 - GENERAL PROVISIONS › Section 51.2 - Filing deadlines to fall on Commonwealth business days

Current through Register Vol. 54, No. 28, July 13, 2024
When the deadline for filing a registration statement,
				  report, answer, brief or other official paper, under the act, with either the
				  Department or Commission, falls on a weekend or holiday, or on another day that
				  the office of the filing location is closed or closes early, the deadline for
				  the filing will be extended to the following Commonwealth business
				  day.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 51 - GENERAL PROVISIONS › Section 51.3 - Registration periods and reporting periods

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Registration under section 13A04 of the
				act (relating to registration) shall be biennial. The first registration period
				which commenced January 1, 2007, continues through December 31, 2008.
				Subsequent registrations shall commence on January 1 of each odd numbered
				year.
(b) Reporting under section
				13A05 of the act (relating to reporting) shall be quarterly within each
				calendar year: for January through March; April through June; July through
				September; and October through December. Quarterly expense reports shall be
				filed on or before the 30th day after the quarterly reporting period
				ends.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 51 - GENERAL PROVISIONS › Section 51.4 - Delinquency

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A registration
				statement or report required to be filed under section 13A04 or 13A05 of the
				act (relating to registration; and reporting) is delinquent if not received by
				the Department on the date due as follows:
(1)
				Hard copy filings must be received by 5 p.m in the office. For quarterly
				expense reports, from 5 p.m. until 12 a.m. midnight, a hard copy filing may be
				filed with the Department's designee. The filing location and the Department's
				designee will be on the Department's web site.
(2) Electronic filings may be filed until 12
				a.m. midnight.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 51 - GENERAL PROVISIONS › Section 51.5 - Deficiency

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A registration
				statement, expense report or notice of termination required to be filed under
				section 13A04 or 13A05 of the act (relating to registration; and reporting) is
				deficient if one or more of the following exist:
(1) It does not fully and accurately include
				and disclose all that is required by the act and this part.
(2) It includes a false statement.
(3) It is illegible.
(4) The filer fails to use the appropriate
				form prescribed by the Department.
(5) The filer fails to date the registration
				statement, expense report or notice of termination.
(6) The filer fails to sign the expense
				report under oath or affirmation as set forth in §
										51.9 (relating to signing and
				designation of certain filings).
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 51 - GENERAL PROVISIONS › Section 51.6 - Biennial review of exemption threshold, reporting threshold and filing fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) On a biennial
				basis commencing in January 2009, the Department will review the threshold
				under section 13A06 of the act (relating to exemption from registration and
				reporting) for registration under section 13A04 of the act (relating to
				registration) and the threshold for reporting under section 13A05(d) of the act
				(relating to reporting), and, if appropriate, will increase these amounts
				prospectively to rates deemed reasonable for assuring appropriate
				disclosure.
(b) On a biennial basis
				commencing in January 2009, the Department will review the filing fee
				established under section 13A10 of the act (relating to registration fees; fund
				established; system; regulations) and may by regulation under section 13A08(j)
				of the act (relating to administration), adjust this amount if the Department
				determines that a higher fee is needed to cover the costs of carrying out the
				provisions of the act.
(c) Changes
				to the thresholds made under this section will become effective prospectively
				as determined by the Department. Changes to the thresholds will not be
				effective until the beginning of a calendar quarter.
(d) The Department will publish adjusted
				threshold amounts in the
Pennsylvania Bulletin
by June 1,
				2009, and by June 1 every 2 years thereafter, as necessary.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 51 - GENERAL PROVISIONS › Section 51.8 - Amended filings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Filings under the act may be amended.
(b) When there is a change in information
				required for the registration statement under section 13A04(b)(3) of the act
				(relating to registration), an amended registration statement will be filed
				with the Department within 14 days of the end of the year in which the change
				occurs.
(c) When amending
				registration statements or quarterly expense reports, principals, lobbyists and
				lobbying firms need only complete those portions of their registration
				statements or quarterly expense reports requiring amendment, in addition to the
				identification of the principal, lobbyist or the lobbying firm filing the
				amendment.
(d) Amended registration
				statements must conform to the additional requirements detailed in §
									53.5 (relating to amended
				registration statements).
(e)
				Amended filings will not affect the Commission's authority to conduct
				investigations, hearings or other proceedings under the act.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 51 - GENERAL PROVISIONS › Section 51.9 - Signing and designation of certain filings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Signing of certain
				filings.
(1) Quarterly expense
				reports, separate quarterly expense reports, lobbyists' statements of
				limitations of knowledge and amendments to these forms filed with the
				Department must be signed originals bearing the signature of the filer. See
				§
										51.10 (relating to electronic
				filing) for requirements when filing electronically.
(i) A document will be deemed to be a signed
				original if it is filed electronically under §
											51.10 or if it bears an original
				manual signature in ink.
(ii)
				Except as noted in subsection (b)(2), principals, lobbying firms or lobbyists
				that are individuals shall sign their own filings.
(iii) Filings by a principal that is a firm,
				association, corporation, partnership, business trust or business entity shall
				be signed by a named officer or other individual who has the authority to sign
				documents on its behalf.
(iv)
				Filings by a lobbyist that is a firm, association, corporation, partnership,
				business trust or business entity shall be signed by a named officer or other
				individual who has the authority to sign documents on its behalf.
(v) The signature must appear on the line
				indicated on the form as prescribed by the Department.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 51 - GENERAL PROVISIONS › Section 51.10 - Electronic filing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Forms that
				are required to be filed under the act may be filed electronically. The use of
				an electronic signature shall have the same force and effect as a manual
				signature.
(1) Lobbyists, lobbying firms and
				principals shall be deemed to comply with section 13A10(c) of the act (relating
				to registration; fees; fund established; system; regulations) for the remainder
				of the calendar year if they submit a registration statement, an amended
				registration statement or an expense report electronically using the
				Department's online filing on its web site.
(2) In submitting a registration statement,
				an amended registration statement or an expense report electronically using the
				Department's online filing on its web site, the applicant will be deemed to
				agree to all of the following:
(i) For any
				registration statement, amended registration statement or notice of termination
				that the applicant files with the Department electronically, the typing of the
				applicant's name in the electronic submission constitutes the applicant's
				affirmation as set forth in §
											51.9(a)(3)
				(relating to signing and designation of certain filings).
(ii) For any quarterly expense report,
				separate quarterly expense report or amended quarterly expense report that the
				applicant files with the Department electronically, the electronic signature
				constitutes the applicant's signature under oath or affirmation as set forth in
				§ 51.9(a)(3).
(iii) The use of
				the electronic signature to "sign" a quarterly expense report, or amendment
				filed by another constitutes the applicant's affirmation as set forth in §
				51.9(b).
(iv) The use of the
				electronic signature to attach a statement to a quarterly expense report, or an
				amendment to the quarterly expense report filed by another constitutes the
				applicant's affirmation as set forth in § 51.9(b).
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 51 - GENERAL PROVISIONS › Section 51.11 - Parent corporations and subsidiaries

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Subject to the requirements of subsection
				(b), a parent corporation and its subsidiaries may register and report under
				the act on a consolidated basis if they meet the eligibility standards of the
				Internal Revenue Service, in 26 U.S.C.A. §
										1501, for
				filing a consolidated corporate tax return.
(b) When registration and reporting is on a
				consolidated basis, the registration statements, quarterly expense reports,
				separate quarterly expense reports, and notices of termination must disclose
				with particularity all of the required information as to the parent corporation
				and the subsidiaries.
(c) If a
				parent corporation and its subsidiaries file separately, each shall pay the
				registration fee and file all subsequent quarterly expense reports separately
				until the filing of a notice of termination.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 53 - REGISTRATION AND TERMINATION › Section 53.1 - Biennial filing fee

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under
				section 13A10(a) of the act (relating to registration fees; fund established;
				system; regulations), a principal, lobbying firm or lobbyist required to be
				registered under the act shall pay a biennial filing fee of $100 to the
				Department, made payable to the "Commonwealth of Pennsylvania." As of January
				1, 2011, the biennial filing fee will be $200. As of January 1, 2015, the
				biennial filing fee will be $300.
(1) The
				biennial filing fee shall be tendered to the Department with the filing of the
				principal's, lobbying firm's or lobbyist's first registration statement in each
				registration period. However, if the Department receives the filing fee within
				5 calendar days of the filing of a registration statement, the registration
				will not be considered delinquent, in compliance with §
										51.4 (relating to
				delinquency).
(2) The biennial
				filing fee will be a flat fee for the registration period in which paid. A
				registrant will not be required to pay more than one biennial filing fee in any
				given biennial registration period, unless a registrant terminates and attempts
				to reregister during the same biennial registration period.
(3) A separate biennial filing fee shall be
				paid for each principal, lobbying firm or lobbyist required to be registered,
				even if employed by a firm, association, corporation, partnership, business
				trust or business entity that is also required to register and that has paid or
				will pay the fee.
(4) The biennial
				filing fee is nonrefundable and nontransferable.
(5) Filing fees expire at the end of each
				registration period, regardless of when paid.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 53 - REGISTRATION AND TERMINATION › Section 53.2 - Principal registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Unless exempt under section 13A06 of the act (relating to exemption from
				registration and reporting), a principal shall register with the Department
				within 10 days of the earlier of the following:
(1) Contracting in any form with an
				individual or entity for lobbying.
(2) Engaging in lobbying.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 53 - REGISTRATION AND TERMINATION › Section 53.3 - Lobbying firm registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Unless exempt under section 13A06 of the act (relating to exemption from
				registration and reporting), a lobbying firm shall register with the Department
				within 10 days of the earlier of one of the following:
(1) Contracting in any form to engage in
				lobbying.
(2) Engaging in
				lobbying.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 53 - REGISTRATION AND TERMINATION › Section 53.4 - Lobbyist registration

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				Unless exempt under section 13A06 of the act (relating to exemption from
				registration and reporting), a lobbyist shall register with the Department
				within 10 days of the earlier of one of the following:
(1) Contracting in any form to engage in
				lobbying.
(2) Engaging in
				lobbying.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 53 - REGISTRATION AND TERMINATION › Section 53.5 - Amended registration statements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A principal required to be registered
				under the act shall file an amended registration statement whenever there is a
				change in the information required to be disclosed on the principal's
				registration statement. The amended registration statement shall be filed with
				the Department within 14 days after the change occurs, except that if the
				change is solely as to the number of dues-paying members in the past calendar
				year, the amended registration statement shall be filed with the Department
				within 14 days of the end of the year in which the change occurs.
(b) A lobbyist or lobbying firm required to
				be registered under the act shall file an amended registration statement
				whenever there is a change of or in the information required to be disclosed on
				the lobbyist's or the lobbying firm's registration statement. The amended
				registration statement shall be filed within 14 days after the change
				occurs.
(c) Principals, lobbyists
				and lobbying firms shall amend only those portions of their registration
				statements that need to be amended, in addition to the identification of the
				principal, lobbyist and the lobbying firm, as provided in §
									51.8 (relating to amended
				filings).
This section cited in 51 Pa. Code §
											51.8 (relating to amended
					 filings).
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 53 - REGISTRATION AND TERMINATION › Section 53.6 - Termination

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A lobbyist,
				lobbying firm or a principal may terminate its registration by filing with the
				Department a completed notice of termination on a form prescribed by the
				Department as required under §
									51.7(a) (relating
				to forms, records and Department publications).
(b) A separate notice of termination is
				required for each registration statement.
(c) A notice of termination must identify the
				registration number of the principal, lobbying firm or lobbyist terminating
				registration.
(d) A notice of
				termination may be amended, but cannot be withdrawn.
(e) A registration statement cannot be
				revived or otherwise made effective after a notice of termination as to the
				registration statement has been filed.
(f) Lobbying may not occur after the filing
				of a notice of termination unless the lobbying is under a separate registration
				statement which has already been filed with the Department and which, at the
				time of the lobbying, has not been terminated.
(g) After a review of the notice of
				termination, the Department will issue to the lobbyist, lobbying firm or
				principal who filed the notice of termination a letter stating that the
				registrant has terminated registration. The letter will be issued within 15
				days after the Department's receipt of the notice of termination.
(h) The filing of a notice of termination or
				a termination report, or the issuance of a Department letter stating that the
				registrant has terminated registration, does not affect the Department's
				authority to conduct audits, or the Commission's, the Attorney General's or the
				Board's authority to conduct investigations, hearings or other proceedings
				under the act and this part.
(i)
				Nothing in this subsection shall be construed to exempt a lobbyist, lobbying
				firm or principal from any of the requirements in section 13A05 of the act
				(relating to reporting).
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 53 - REGISTRATION AND TERMINATION › Section 53.7 - Public inspection and copying

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Department will make completed registration statements and notices of
				termination, which have been filed with the Department, available for public
				inspection and provide copies of these documents at a price not in excess of
				the actual cost of copying.
(b) The
				Department will make all registrations and notices available on a publicly
				accessible Internet web site. Documents maintained and reproducible in an
				electronic format will be provided in that format upon request.
(c) The Department will make electronically
				submitted documents available either on paper or electronically. The Department
				will make documents submitted on paper available both on paper and
				electronically.
This section cited in 51 Pa. Code §
											53.6 (relating to
					 termination).
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 55 - REPORTING › Section 55.1 - Quarterly expense reports

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				quarterly expense report is required to be filed as set forth in this section
				when the total lobbying expenses of a registered principal, registered lobbying
				firm or registered lobbyist lobbying on the principal's behalf, together,
				exceed $2,500 in a quarterly reporting period. The threshold of $2,500 includes
				any economic consideration paid by a principal to a lobbying firm or lobbyist
				for lobbying. Individuals exempt under section 13A06 of the act (relating to
				exemption from registration and reporting) need not register or
				report.
(b) For a quarterly
				reporting period in which the total lobbying expenses of a registered
				principal, registered lobbying firm or registered lobbyist lobbying on the
				principal's behalf, together, are $2,500 or less, a statement to that effect
				shall be filed with the Department by checking the appropriate block on the
				quarterly expense report form.
(c)
				For purposes of determining whether the reporting threshold has been met, and
				for filing reports required under section 13A05 of the act (relating to
				reporting), section 13A05(b)(2.1) of the act permits filers to use any
				reasonable methods of estimation and allocation.
(d) The principal shall file a quarterly
				expense report or statement of failure to meet the reporting threshold on or
				before the 30th day after the quarterly reporting period ends.
(e) Under section 13A05(b)(6) of the act and
				as detailed in subsection (n), a lobbyist or lobbying firm required to be
				registered under the act shall file a separate quarterly expense report or a
				separate amended quarterly expense report if during the reporting period, the
				lobbyist or the lobbying firm engaged in lobbying which was not contained in
				any report filed by a principal represented by the lobbyist or lobbying firm.
				The deadline for filing a separate report shall be the 30th day after the due
				date of the principal's report. The following apply to filing a separate
				expense report by a lobbyist or a lobbying firm:
(1) If within 30 days of the due date, a
				principal amends its quarterly expense report in compliance with §
										51.8(c)  (related
				to amended filings), a lobbyist or lobbying firm need not file a separate
				quarterly expense report as to the principal's expenses.
(2) The filing of a separate quarterly
				expense report by a lobbyist or lobbying firm does not relieve a principal of
				any reporting requirements.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 55 - REPORTING › Section 55.2 - Records maintenance, retention and availability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A registrant shall maintain records
				reasonably necessary to substantiate the filings of lobbying activity made
				under sections 13A04 and 13A05 of the act (relating to registration; and
				reporting).
(1) The Department will prescribe
				standardized forms for reports, which shall be used by all principals, lobbying
				firms and lobbyists required to be registered under the act.
(2) In maintaining records, registrants may
				use any reasonable methods of estimation and allocation.
(3) Records of lobbying activity may be kept
				under any reasonable accounting basis, which includes:
(i)
Cash basis.
Revenue and
				related assets are recognized when received and expenses are recognized when
				payment is disbursed. For example, payroll costs are reported when paid, not
				when the associated hours are worked.
(ii)
Accrual basis.
Income
				is recognized when earned and expenses when incurred. For example, payroll is
				recognized when the associated hours are worked regardless of when payment is
				made.
(iii)
Modified
				accrual basis.
Recognizes an economic transaction or event as revenues
				in the operating statement when the revenues are both measurable and available
				to liquidate liabilities of the current period. Available means collectible in
				the current period or soon enough thereafter to be used to pay liabilities of
				the current period. Similarly, expenditures are generally recognized when an
				event or transaction is expected to draw on current spendable
				resources.
(4) Records of
				lobbying activity shall be maintained in sufficient detail to enable the
				registrant to fully comply with the act and this part.
(5) The records must identify the general
				subject matter or issue being lobbied. The specific contents of a particular
				communication, or the identity of those with whom the communications take
				place, need not be recorded or maintained.
(6) A registrant should keep its records on
				the same accounting basis for the 2-year period covering its registration under
				the act. If a registrant changes its accounting basis, then it should make an
				internal record noting the date of the change and the reason for the
				change.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 55 - REPORTING › Section 55.3 - Public inspection and copying

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				Department will make completed expense reports, which have been filed with the
				Department, available for public inspection and provide copies of these
				documents at a price not in excess of the actual cost of copying.
(b) The Department will make all reports
				available on a publicly accessible Internet web site. Documents maintained and
				reproducible in an electronic format shall be provided in that format upon
				request.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 55 - REPORTING › Section 55.4 - Reliance on documents

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Reliance on manual.
A registrant's establishment and
				maintenance of records, as well as the filing of quarterly expense reports
				based on those records, in accordance with any manual or interim guidelines
				adopted by the Committee shall serve as evidence of the registrant's good faith
				effort to comply with the act during the time when the manual or guidelines are
				in effect.
(b)
Reliance on
				instructions for forms.
A registrant's completion of registration
				statements and quarterly expense reports in accordance with instructions
				published by the Department shall serve as evidence of the registrant's good
				faith effort to comply with the act during the time when the instructions are
				in effect.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 57 - EXEMPTION FROM REGISTRATION AND REPORTING › Section 57.1 - General rule

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless
				specified in §
									57.2 (relating to qualifications
				for exemption), a person, principal, lobbying firm or lobbyist that qualifies
				for any exemption under §
									57.2 will not be required to
				register or report with respect to any activity covered by the exemption.
				However, if an individual does not qualify for an exemption in §
									57.2(a), then the
				activity described in the exemption shall be included within the reports
				otherwise required by the act.
(b)
				Upon losing exempt status, a person, principal, lobbying firm or lobbyist is
				immediately subject to the registration and reporting requirements of the
				act.
(c) Upon losing exempt status,
				a principal is not required to retroactively file reports for previous
				quarterly reporting periods in which the exemption applied.
(d) Upon losing exempt status, a lobbying
				firm or lobbyist is not required to retroactively sign or file reports for
				previous quarterly reporting periods in which the exemption applied.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 59 - OPINIONS AND ADVICES OF COUNSEL › Section 59.1 - Ethics Act regulations in Part I as to opinions and advices of counsel

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Commission
				will provide advices of counsel and opinions in accordance with the procedures
				in section 1107 of the Ethics Act (relating to powers and duties of commission)
				and Chapter 13 (relating to opinions and advices of counsel).
(b) A person who acts in good faith based
				upon a written advice or opinion of the Commission issued as to that person
				will not be held liable for a related violation of the act if the material
				facts are as stated in the request.
(c) A respondent or defendant who reasonably
				relies upon advices or opinions of the Commission shall have an affirmative
				defense under section 13A09(g)(1) of the act (relating to penalties).
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 59 - OPINIONS AND ADVICES OF COUNSEL › Section 59.2 - Standing requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				following shall have standing to request an advisory under the act:
(1) A principal, lobbying firm, lobbyist,
				State official or employee, the Department, the Board or the authorized
				representative of any of the aforesaid.
(2) Individuals, entities or their authorized
				representatives regarding their status or duties under the act.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 61 - COMPLIANCE AUDITS › Section 61.1 - Lotteries

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each year, the
				Department will randomly select, at a public drawing 60 days following the
				close of each fourth quarter reporting period, 3% of all principals, 3% of all
				lobbying firms and 3% of all lobbyists who have completed registration
				statements and expense reports filed with the Department under the
				act.
(b) A lobbyist, lobbying firm
				or principal will not be selected for a random audit in consecutive audit
				periods.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 61 - COMPLIANCE AUDITS › Section 61.2 - Scope of compliance audits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The audits will be conducted in
				accordance with generally accepted auditing standards and will test as to
				whether each registration statement or expense report is materially
				correct.
(b) An audit will be
				limited in time to the previous calendar year. However, where the audit falls
				in the second year of a registration period, the audit shall include the
				registration statement filed in the previous year. Lobbying activities
				performed prior to January 1, 2007, will not be audited under the
				act.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 61 - COMPLIANCE AUDITS › Section 61.3 - Audit procedures

Current through Register Vol. 54, No. 28, July 13, 2024
The following general procedures will be employed for audits
				  conducted under section 13A08(f) of the act (relating to
				  administration):
(1) The Department,
				at least 30 days prior to the initiation of the audit, will advise each audit
				subject by letter that the audit subject was randomly selected for audit and
				further advised of the time, date, place and general scope as well as a
				tentative time frame for completion of the audit. The letter will contain a
				request for documents deemed necessary for conduct of the audit.
(2) The independent auditor will obtain the
				subject's reports on file with the Department applicable to the audit period.
				Lobbying activities performed prior to January 1, 2007, will not be audited
				under the act.
(3) The independent
				auditor will initiate the audit by way of conference (in person or by
				telephone) between the auditor and the audit subject or the designated
				representative thereof.
(4) The
				registrant who is the audit subject shall cooperate fully in the audit, which
				shall be conducted in accordance with generally accepted auditing
				standards.
(5) If the independent
				auditor believes that the audit subject is not cooperating, the independent
				auditor shall inform the Department in writing.
(6) The independent auditor will offer to
				conduct an audit exit conference with the audit subject, or the designated
				representative thereof, prior to the issuance of a final report.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 61 - COMPLIANCE AUDITS › Section 61.4 - Audit report

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				certified public accountants or certified public accounting firms, selected
				under section 13A08(f)(1) (relating to administration) and §
									61.6 (relating to duty of the
				Department to contract for an audit), that are responsible for performing
				compliance audits will, at the conclusion of each audit, prepare an audit
				report which must include findings.
(b) An audit report may include
				recommendations as to recordkeeping, reporting and other related practices
				arising from the audit.
(c) Upon
				completion, the independent auditor shall send a copy of the audit report and
				the findings of fact by certified mail to the audit subject. The independent
				auditor shall issue the audit report within 1 year of being notified of the
				selection of the audit subject.
(1) Issuance
				of the audit report will be deemed complete upon mailing to the audit
				subject.
(2) Within 30 days of
				issuance of the audit report, the audit subject may file with the Department a
				statement setting forth the subject's position as to the audit
				report.