HB 278 — 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.

PRINTER'S NO.   170

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 278
                                                Session of
                                                  2025

     INTRODUCED BY GROVE, KENYATTA, CUTLER AND GILLEN,
        JANUARY 22, 2025

     REFERRED TO COMMITTEE ON STATE GOVERNMENT, JANUARY 22, 2025


                                     AN ACT
 1   Amending Title 65 (Public Officers) of the Pennsylvania
 2      Consolidated Statutes, in lobbying disclosure, further
 3      providing for registration, for reporting, for exemption from
 4      registration and reporting and for administration; and making
 5      an editorial change.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    The definition of "personnel expense" in section
 9   13A03 of Title 65 of the Pennsylvania Consolidated Statutes is
10   amended to read:
11   § 13A03.   Definitions.
12      The following words and phrases when used in this chapter
13   shall have the meanings given to them in this section unless the
14   context clearly indicates otherwise:
15      * * *
16      "Personnel expense."     An expenditure for salaries or other
17   forms of compensation, benefits, vehicle allowances, bonuses and
18   reimbursable expenses paid to lobbyists, lobbying staff,
19   research and monitoring staff, consultants, publications and
 1   public relations staff, technical staff, clerical and
 2   administrative support staff and includes individuals who engage
 3   in lobbying but are exempt from reporting under section 13A06
 4   (relating to exemption from [registration and] reporting). For
 5   an individual for whom lobbying is incidental to regular
 6   employment, the term means a good faith prorated estimate based
 7   on the value of the time devoted to lobbying.
 8      * * *
 9      Section 2.    Section 13A04(a) of Title 65 is amended and
10   subsection (e) is amended by adding a paragraph to read:
11   § 13A04.    Registration.
12      (a)     General rule.--[Unless excluded under section 13A06
13   (relating to exemption from registration and reporting), a
14   lobbyist, lobbying firm or a principal must register with the
15   department electronically using the computerized filing system
16   developed by the department that is consistent with the purposes
17   of this chapter within ten days of acting in any capacity as a
18   lobbyist, lobbying firm or principal.] Registration shall be
19   biennial and shall begin January 1, 2007. Unless excluded under
20   section 13A06 (relating to exemption from reporting), the
21   following shall apply:
22            (1)   A lobbyist, lobbying firm or a principal that is
23      registered at the end of a biennial term shall be
24      automatically registered for the next biennial term, unless a
25      notice of termination under subsection (e) is filed with the
26      department by January 10 of the next biennial term.
27            (2)   A lobbyist, lobbying firm or a principal that is not
28      registered at the end of a biennial term or which has filed a
29      notice of termination under paragraph (1) or previously, must
30      register within 10 days of acting in any capacity as a

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 1      lobbyist, lobbying firm or a principal.
 2      * * *
 3      (e)     Termination.--
 4            * * *
 5            (5)   A lobbyist, lobbying firm or principal may file a
 6      notice of termination at the conclusion of the relationship
 7      between a principal and a lobbyist or lobbying firm.
 8      Section 3.     Section 13A05(b)(8) and (d) of Title 65 are
 9   amended and the section is amended by adding a subsection to
10   read:
11   § 13A05.    Reporting.
12      * * *
13      (b)     Content.--
14            * * *
15            (8)   A lobbying firm or a lobbyist not associated with a
16      lobbying firm shall submit a report electronically using the
17      computerized filing system developed by the department that
18      is consistent with the purpose of this chapter if the
19      lobbying firm or lobbyist engaged in lobbying on behalf of
20      any entity that is exempt under section 13A06(7), (8), (9) or
21      (10) (relating to exemption from [registration and]
22      reporting).
23      * * *
24      (d)     Thresholds for reporting.--An expense report required
25   under this section shall be filed electronically using the
26   computerized filing system developed by the department that is
27   consistent with the purpose of this chapter when total expenses
28   for lobbying exceed [$2,500] $1 for a registered principal in a
29   reporting period. [In a reporting period in which total expenses
30   are $2,500 or less, a statement to that effect shall be filed

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 1   electronically using the computerized filing system developed by
 2   the department that is consistent with the purpose of this
 3   chapter.]
 4      (d.1)    Additional reporting thresholds.--An expense report
 5   required under this section shall be filed electronically using
 6   the computerized filing system developed by the department that
 7   is consistent with the purpose of this chapter when the economic
 8   consideration for campaign consulting exceeds $2,500 for a
 9   registered campaign consultant.
10      * * *
11      Section 4.    Sections 13A06 and 13A08(f) and (j) of Title 65
12   are amended to read:
13   § 13A06.    Exemption from [registration and] reporting.
14      The following persons and activities shall be exempt from
15   [registration under section 13A04 (relating to registration)
16   and] reporting under section 13A05 (relating to reporting):
17          (1)    An individual who limits lobbying to preparing
18      testimony and testifying before a committee of the General
19      Assembly or participating in an administrative proceeding of
20      an agency.
21          (2)    An individual who is an employee of an entity
22      engaged in the business of publishing or broadcasting while
23      engaged in the gathering and dissemination of news and
24      comment on the news to the general public in the ordinary
25      course of business.
26          (3)    An individual who does not receive economic
27      consideration for lobbying.
28          [(4)     An individual whose economic consideration for
29      lobbying, from all principals represented, does not exceed
30      $2,500 in the aggregate during any reporting period.

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 1        (5)     An individual who engages in lobbying on behalf of
 2    the individual's employer if the lobbying represents less
 3    than 20 hours during any reporting period.
 4        (6)     Except as required under section 13A05(d), a
 5    principal whose total expenses for lobbying purposes do not
 6    exceed $2,500 during any reporting period.]
 7        (4.1)     An individual whose economic consideration for
 8    campaign consulting does not exceed $2,500 in the aggregate
 9    during any reporting period.
10        (7)     An elected State official who acts in an official
11    capacity.
12        (8)     An appointed State official acting in an official
13    capacity.
14        (9)     An elected or appointed official of a political
15    subdivision who is acting in an official capacity for the
16    political subdivision.
17        (10)     An employee of the Commonwealth or an agency of the
18    Commonwealth who is acting in an official capacity for the
19    Commonwealth or agency.
20        (11)     An individual representing a bona fide church or
21    bona fide religious body of which the individual is a member
22    where the lobbying is solely for the purpose of protecting
23    the constitutional right to the free exercise of religion.
24        (12)     An individual who is not a registered lobbyist and
25    who serves on an advisory board, working group or task force
26    at the request of an agency or the General Assembly.
27        (13)     Participating as a party or as an attorney at law
28    or representative of a party, case or controversy in any
29    administrative adjudication pursuant to 2 Pa.C.S. (relating
30    to administrative law and procedure).

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 1            (14)    Expenditures and other transactions subject to
 2      reporting under Article XVI of the act of June 3, 1937
 3      (P.L.1333, No.320), known as the Pennsylvania Election Code.
 4            (15)    Vendor activities under 62 Pa.C.S. §§ 514 (relating
 5      to small procurements), 516 (relating to emergency
 6      procurements) and efforts directly related to responding to
 7      publicly advertised invitations to bid and requests for
 8      proposals.
 9   § 13A08.    Administration.
10      * * *
11      (f)     Audits.--The following shall apply:
12            (1)    Every two years the Secretary of the Commonwealth
13      shall contract for the services of one or more certified
14      public accountants or certified public accounting firms. The
15      contract shall be awarded in a manner consistent with the
16      provisions of 62 Pa.C.S. Pt. I (relating to Commonwealth
17      Procurement Code), and no certified public accountant or
18      certified public accounting firm shall be eligible to obtain
19      a contract for more than two successive contract periods.
20            (2)    The secretary shall randomly select, at a public
21      drawing 60 days following the close of each fourth quarter
22      reporting period, 3% of all completed registrations and
23      expense reports filed with the department under this chapter.
24            (3)    The certified public accountant shall conduct [the]
25      financial and performance audits in accordance with generally
26      accepted auditing standards and shall test as to whether each
27      registration or expense report is materially correct.
28            [(4)    The audit report and findings shall be
29      confidential, except that the department shall make an audit
30      report and findings available to the commission if the

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 1      commission is investigating an alleged violation of this
 2      chapter involving the audited registration or expense report.
 3      The commission shall include the relevant portion of an audit
 4      as part of its findings of fact in a commission order which
 5      results from an investigation arising out of an audit.]
 6            (4.1)   The audit reports and findings shall be made
 7      public. The commission shall determine whether a report of
 8      adverse findings warrants enforcement or remedial action
 9      under the provisions of this chapter.
10            (5)   Nothing in this subsection shall limit the authority
11      of the Department of Revenue under Article IV of the act of
12      March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of
13      1971, to conduct audits to determine compliance with
14      applicable tax laws.
15      * * *
16      (j)   Inflation adjustment.--On a biennial basis commencing in
17   January 2009, the department shall review the threshold under
18   section 13A06 (relating to exemption from [registration and]
19   reporting) for registration under section 13A04 (relating to
20   registration) and the threshold for reporting under section
21   13A05(d) (relating to reporting) and shall increase these
22   amounts to rates deemed reasonable for assuring appropriate
23   disclosure. On a biennial basis commencing in January 2009, the
24   department shall review the filing fee established under section
25   13A10 (relating to registration fees; fund established; system;
26   regulations) and may by regulation adjust this amount if the
27   department determines that a higher fee is needed to cover the
28   costs of carrying out the provisions of this chapter. The
29   department shall publish adjusted amounts in the Pennsylvania
30   Bulletin by June 1, 2009, and by June 1 every two years

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1   thereafter as necessary.
2      * * *
3      Section 5.   This act shall take effect in 180 days.




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