Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 57 - EXEMPTION FROM REGISTRATION AND REPORTING › Section 57.2 - Qualifications for exemption

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Exemption from registration.
The following persons and
				activities shall be exempt from registration under section 13A04 of the act
				(relating to registration) and reporting under section 13A05 of the act
				(relating to reporting):
(1) The exemption in
				section 13A06(1) of the act (relating to exemption from registration and
				reporting) is limited to an individual or entity whose only lobbying activities
				consist of preparing testimony and testifying before a committee of the General
				Assembly or participating in an agency administrative proceeding. Participating
				in an administrative proceeding includes, but is not limited to, preparing and
				delivering comments on regulations or preparing and delivering comments at
				agency advisory committee meetings. To the extent an individual or entity,
				which is otherwise required to register and report under the act, engages in
				those activities, the individual or entity does not qualify for the exemption
				under this subsection.
(2) The
				exemption in section 13A06(2) of the act is limited to an individual or entity
				which is engaged in the business of publishing or broadcasting, regardless of
				the medium used, while engaged in the gathering and dissemination of news and
				comment on the news to the general public in the ordinary course of business.
				The term "individual" in this subsection includes employees and independent
				contractors.
(i) To qualify for this
				exemption, the individual or entity shall satisfy all of the following
				criteria:
(A) Regularly report or comment on
				government news or current events.
(B) Receive compensation or revenue for the
				publications or broadcasts.
(C)
				Make the publications or broadcasts available to the general public, whether
				for a fee or free of charge.
(D) Be
				independent of any principal, lobbying firm or lobbyist that is engaged in
				lobbying activities under the act.
(E) Be independent of any organization or
				entity that is not a news organization.
(ii) To the extent an individual or entity,
				which is otherwise required to register and report under the act, engages in
				activities other than the publishing or broadcasting of news or comment on the
				news, the other activities will not be afforded an exemption under this
				subsection.
(3) The
				exemption in section 13A06(3) of the act is limited to an individual who does
				not receive any economic consideration for lobbying.
(4) The exemption in section 13A06(4) of the
				act is limited to an individual whose economic consideration for lobbying, from
				all principals represented, does not exceed $2,500 in the aggregate during any
				reporting period.
(5) The exemption
				in section 13A06(5) of the act is limited to an individual who engages in
				lobbying on behalf of the individual's employer if the lobbying activity
				represents less than 20 hours during any reporting period.
(6) The exemption in section 13A06(6) of the
				act is limited to a principal whose total expenses for lobbying purposes do not
				exceed $2,500 during any reporting period.
(7) The exemptions in section 13A06(7), (8),
				(9) and (10) of the act (as referenced in section 13A05(b)(8)) exclude
				Commonwealth governmental entities and political subdivisions as well as
				elected officials, appointed officials and employees of the entities or
				subdivisions from the registration and reporting requirements of the act to the
				extent that the lobbying activities are performed by the governmental entities
				or by their officials/employees in an official capacity. Specifically, these
				sections exempt lobbying by a governmental entity on its own behalf and
				lobbying by an official/employee of the entity acting in an official capacity
				so that neither the official/employee nor the governmental entity would be
				required to register or report as to those activities under the act. The
				governmental entity would be required to register and report as a principal if
				other lobbyists or lobbying firms would engage in lobbying on behalf of the
				governmental entity and the total expenditures for those lobbying activities
				would not bring the governmental entity within the exemption in section
				13A06(6) of the act.
(8) The
				exemption in section 13A06(11) of the act is limited to an individual
				representing a bona fide church or bona fide religious body of which the
				individual is a member, or the bona fide church or bona fide religious body
				itself, when the lobbying is solely for the purpose of protecting the
				constitutional right to the free exercise of religion. Lobbying on issues
				beyond the scope of the free exercise of religion does not qualify for this
				exemption no matter who engages in the lobbying.
(9) The exemption in section 13A06(12) of the
				act applies to an individual who is not otherwise required to register and who
				serves on an advisory board, working group or task force at the request of an
				agency or the General Assembly. This exemption is limited to the scope of the
				individual's service on the advisory board, working group or task
				force.
(10) The exemption in
				section 13A06(13) of the act applies to the activity of 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). This activity is exempt whether performed
				by an individual or entity, but will not operate to exclude from reporting
				other activities performed by individuals or entities that are otherwise
				required to register and report under the act.
(11) The exemption in section 13A06(14) of
				the act applies to expenditures and other transactions subject to reporting
				under Article XVI of the Election Code (25 P. S. §§
											3241-3260b).