2012 Pennsylvania Consolidated Statutes
Title 65 - PUBLIC OFFICERS
Chapter 13A - Lobbying Disclosure
Section 13A08 - Administration

     § 13A08.  Administration.
        (a)  Advice and opinions.--The commission shall provide
     advice and opinions under section 1107 (relating to powers and
     duties of commission) to a lobbyist, a lobbying firm, a
     principal, the department, the board or a State official or
     employee, that seeks advice regarding compliance with this
     chapter. A person that acts in good faith based on the written
     advice or opinion of the commission shall not be held liable for
     a violation of this chapter if the material facts are as stated
     in the request.
        (b)  Forms.--The department shall prescribe registration and
     reporting forms to be used under this chapter. The forms shall
     be available on a publicly accessible Internet website. All
     information requested on the forms shall be provided to the best
     of the knowledge, information and belief of the person required
     to file and shall be signed under oath or equivalent
     affirmation.
        (c)  Public inspection and copying.--The department shall
     make completed registration statements, expense reports 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. The department shall make all registrations and
     reports available on a publicly accessible Internet website.
     Documents maintained and reproducible in an electronic format
     shall be provided in that format upon request.
        (d)  Annual reporting.--
            (1)  The department shall prepare and publish an annual
        report on lobbying activities in this Commonwealth.
            (2)  The department shall at least annually publish a
        list of all of the following:
                (i)  Registered principals. The department shall
            identify affiliated political action committees and
            lobbying firms and lobbyists that are registered to lobby
            for the principal.
                (ii)  Lobbying firms and lobbyists not associated
            with lobbying firms. The department shall identify
            affiliated political action committees and the principals
            for whom the lobbying firm or lobbyist is registered to
            lobby.
                (iii)  Registered lobbyists for each lobbying firm.
        (e)  Retention of records.--Completed registration
     statements, expense reports and notices of termination shall be
     available for public inspection with the department for a four-
     year period commencing on the date of filing.
        (f)  Audits.--The following shall apply:
            (1)  Every two years the Secretary of the Commonwealth
        shall contract for the services of one or more certified
        public accountants or certified public accounting firms. The
        contract shall be awarded in a manner consistent with the
        provisions of 62 Pa.C.S. Pt. I (relating to Commonwealth
        Procurement Code), and no certified public accountant or
        certified public accounting firm shall be eligible to obtain
        a contract for two successive contract periods.
            (2)  The secretary shall randomly select, at a public
        drawing 60 days following the close of each fourth quarter
        reporting period, 3% of all completed registrations and
        expense reports filed with the department under this chapter.
            (3)  The certified public accountant shall conduct the
        audits in accordance with generally accepted auditing
        standards and shall test as to whether each registration or
        expense report is materially correct.
            (4)  The audit report and findings shall be confidential,
        except that the department shall make an audit report and
        findings available to the commission if the commission is
        investigating an alleged violation of this chapter involving
        the audited registration or expense report. The commission
        shall include the relevant portion of an audit as part of its
        findings of fact in a commission order which results from an
        investigation arising out of an audit.
        (g)  Investigation and hearings.--The commission, through its
     executive director, may initiate an investigation and hold a
     hearing concerning an alleged violation of this chapter by a
     lobbyist or principal in accordance with sections 1107 (relating
     to powers and duties of commission) and 1108 (relating to
     investigations by commission).
        (h)  Directory.--By May 1 of each odd-numbered year, the
     department shall produce and distribute a directory of all
     registered lobbyists, including photographs and registered
     lobbying firms. Copies of the directory shall be made available
     to the public at a price not to exceed the actual cost of
     production. All revenue received by the department from the
     sales of the directory shall be deposited into the fund.
        (i)  Computer file.--The department shall provide the
     Legislative Data Processing Committee data relating to
     registration statements and amendments to registration
     statements, expense reports and notices of termination. The
     committee shall make information under this subsection available
     on a publicly accessible Internet website.
        (j)  Inflation adjustment.--On a biennial basis commencing in
     January 2009, the department shall review the threshold under
     section 13A06 (relating to exemption from registration and
     reporting) for registration under section 13A04 (relating to
     registration) and the threshold for reporting under section
     13A05(d) (relating to reporting) and shall increase these
     amounts to rates deemed reasonable for assuring appropriate
     disclosure. On a biennial basis commencing in January 2009, the
     department shall review the filing fee established under section
     13A10 (relating to registration fees; fund established; system;
     regulations) and may by regulation adjust this amount if the
     department determines that a higher fee is needed to cover the
     costs of carrying out the provisions of this chapter. The
     department shall publish adjusted amounts in the Pennsylvania
     Bulletin by June 1, 2009, and by June 1 every two years
     thereafter as necessary.

        Effective Date.  Section 6(1)(i) of Act 134 of 2006 provided
     that subsec. (b) shall take effect immediately.
        Cross References.  Section 13A08 is referred to in section
     13A04 of this title.