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Highlights of the Lobbying Accountability Act
The proposed bill mirrors much of Act 93 of 1998,
which was ruled unconstitutional by an evenly split Pennsylvania Supreme Court
in 2002 solely on the grounds that the act conflicted with the Court’s power to
regulate lawyers. However, in light of the Supreme Court’s order dated December
22, 2003, only incidental changes are necessary as to address the concerns
outlined by the Supreme Court.
The Court’s order required lawyers acting as
lobbyists to comply with any state registration requirements, authorized
disclosure of relevant client representation information, and emphasized that
lawyers acting in a lobbyist capacity are still bound by the Rules of
Professional Conduct. In light of this, the bill requires that the Disciplinary
Board of the Supreme Court of Pennsylvania be notified of all allegations
against a lawyer/lobbyist for possible violations of the act.
The Department of State will be responsible for
housing the registration and reporting documents. This is a change from Act 93
and is also different than the current House bill. The Ethics Commission will
continue to have audit and investigative powers.
Registration will continue to be required once every
two years for lobbyists and principals (unless the contractual arrangement
occurs during that period, then the lobbyist and principal must immediately
register). Reporting will continue to be every three months, with the burden
falling primarily on the principals. Unlike the House bill, we require the same
four types of reporting categories that were included in Act 93:
(1)
Direct Communication
(2)
Indirect
Communication
(3)
Personnel and Office
Expenses
(4)
Gifts,
entertainment, meals, transportation, lodging and receptions
All the required forms will be developed by the
Department of State and available on the Internet. Filing the forms
electronically will be available but not required.
Similar to Act 93, the bill establishes a panel of
state officials to draft the regulations associated with the legislation.
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6/3/04 -
Jubelirer Unveils Revamped Lobbyist Disclosure Measure
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