(1) Administrative action. Any of the following:
(a) An agency's:
(.1) proposal, consideration, promulgation or rescission of a regulation;
(.2) development or modification of a written statement of policy; 86
(.3) approval or rejection of a regulation;
(.4) preparation of a Request for Qualifications, Request for Proposals, or contract specifications;
(.5) solicitation, award, or administration of a contract, including for the procurement of goods or services;
(.6) solicitation, award, or administration of a grant, loan, or agreement involving the disbursement of public monies;
(.7) determination with respect to zoning or the use, development, or improvement of real property subject to City regulation;
(.8) determination with respect to the terms of the acquisition or disposition by the City of any interest in real property, with respect to a license or permit for the use of real property of or by the City, or with respect to a franchise or concession; or
(.9) adjudication of claims, determination of complaints, or imposition of fines or fees.
(b) The review, revision, approval or disapproval of a regulation.
(c) The Mayor's approval or veto of legislation.
(d) The nomination or appointment of an individual as a City officer or employee.
(e) The proposal, consideration, promulgation or rescission of an executive order.
(2) Affiliated political action committee.
(a) Except as set forth in subsection (2)(b), a "political action committee" as defined in Section 1621(l) of the Pennsylvania Election Code, which has an officer who:
(.1) must be included in a registration statement under Section 1624(b)(2) and (3) of The Pennsylvania Election Code; and
(.2) is:
(.a) a principal;
(.b) an officer or an employee of a principal;
(.c) a lobbyist; or
(.d) an employee of a lobbyist.
(b) If an employee of a registrant serves as the officer of a political action committee in what is clearly a personal capacity and the goals and mission of that political action committee clearly have no relationship to the goals and mission of the registrant, that political action committee is not an "affiliated political action committee".
(3) Agency. 87 Any of the following, unless the lobbying of the entity is subject to 65 Pa. C.S. §§ 13A01 et seq.:
(a) Any office, department, board, commission, or other entity that is part of the government of the City of Philadelphia, including City Council.
(b) The Philadelphia Industrial Development Corporation, the Philadelphia Authority for Industrial Development, the Redevelopment Authority of the City of Philadelphia, the Philadelphia Public Financial Authority, and any other entity that meets the definition of a "City-related agency" under subsection 17-1401(9). 87.1
(c) The School District of Philadelphia, including any board or other instrumentality thereof.
(4) Attorney at law. An individual admitted to practice law by a court of record of this Commonwealth.
(5) Board. The Board of Ethics.
(6) Budget process. The consideration and passage of the annual operating budget and the capital budget and capital program, and any amendments thereto.
(7) City official or employee. Any person who is elected or appointed to a position in any branch of the government of the City of Philadelphia, including, but not limited to, members of agencies, authorities, boards and commissions, however elected or appointed, persons serving full-time or intermittently, and persons serving with or without compensation.
(8) Compensation. Anything of value, including benefits, received or to be received from a principal by one acting as a lobbyist.
(9) Direct communication. An effort, whether written, oral or by any other medium, made by a lobbyist or principal, directed to a City official or employee, the purpose or foreseeable effect of which is to influence legislative action or administrative action. The term may include personnel expenses and office expenses.
(10) Disciplinary Board. The Disciplinary Board of the Supreme Court of Pennsylvania.
(11) Economic consideration. Anything of value offered or received. The term includes compensation and reimbursement for expenses.
(12) Gift. Anything that is received without consideration of equal or greater value. The term shall not include a political contribution otherwise reportable as required by law or a commercially reasonable loan made in the ordinary course of business. The term shall not include hospitality, transportation or lodging.
(13) Hospitality. Meals, beverages and recreation and entertainment, but not gifts, transportation or lodging.
(14) Immediate family. 88 An individual's spouse, Life Partner, child, Life Partner's child, parent, brother, sister and like relative-in-law.
(15) Indirect communication. An effort, whether written, oral or by any other medium, to encourage others, including the general public, to take action, the purpose or foreseeable effect of which is to directly influence legislative action or administrative action, including, but not limited to, letter-writing campaigns, mailings, telephone banks, print and electronic media advertising, billboards, publications and educational campaigns on public issues, but not including regularly published periodic newsletters primarily designed for and distributed to members of a bona fide association or charitable or fraternal nonprofit corporation.
(16) Legislation. Bills, resolutions, amendments, and nominations pending or proposed in Council, and any other matter that may become the subject of action by Council.
(17) Legislative action. An action taken by a City official or employee involving the preparation, research, drafting, introduction, consideration, modification, amendment, approval, passage, enactment, tabling, postponement, defeat or rejection of:
(a) legislation;
(b) legislative motions;
(c) a veto by the Mayor; or
(d) confirmation of appointments by the Mayor or Council, or appointments to public boards or commissions by the Mayor or Council.
(a) direct or indirect communication;
(b) incurring office expenses; and
(c) providing any gift, hospitality, transportation or lodging to a City official or employee for the purpose of advancing the interest of the lobbyist or principal.
For purposes of this Chapter, it is not lobbying when a principal, or a consultant or professional (e.g., an accountant, architect, attorney, doctor, or engineer), acting as the representative or agent of a principal or client, communicates with a City agency in a matter in which the principal or client is subject to or seeking a specific City agency action in which the principal's or client's interests, rights, or privileges are at issue, provided that such communication is in an effort to address those interests, rights, or privileges and is in the normal course for such matters. This exception shall not apply to efforts to influence general policy on behalf of an interest group, nor to direct communications with City officials or employees who the principal, representative, or agent knows or should know are not those who would ordinarily make determinations in the matter at issue.
(19) Lobbying firm. An entity that engages in lobbying for economic consideration on behalf of a principal other than the entity itself.
(20) Lobbyist. Any individual, association, corporation, partnership, business trust or other entity that engages in lobbying on behalf of a principal for economic consideration, including an attorney at law while engaged in lobbying provided, however, that attorneys engaged in lobbying are subject to the requirements and restrictions of this Chapter only to the extent permissible under the Pennsylvania Rules of Professional Conduct.
(21) Office expense. An expenditure for an office, equipment or supplies, utilized for lobbying.
(22) Personnel expense. An expenditure for salaries or other forms of compensation, benefits, vehicle allowances, bonuses and reimbursable expenses paid to lobbyists, lobbying staff, research and monitoring staff, consultants, publications and public relations staff, technical staff, clerical and administrative support staff and includes individuals who engage in lobbying but are exempt from reporting under Section 20-1204, relating to exemption from registration and reporting. For an individual for whom lobbying is incidental to regular employment, the term means a good faith prorated estimate based on the value of the time devoted to lobbying.
(23) Principal. An individual, association, corporation, partnership, business trust or other entity:
(a) on whose behalf a lobbying firm or lobbyist engages in lobbying; or
(b) that engages in lobbying on the principal's own behalf.
(24) Registrant. A registered lobbyist, registered lobbying firm or registered principal.
(26) Reporting period. Any of the following periods:
(a) January 1 through March 31.
(b) April 1 through June 30.
(c) July 1 through September 30.
(d) October 1 through December 31.
Notes
| 86 | Amended, Bill No. 110556 (approved October 26, 2011). |
| 87 | Amended, Bill No. 110556 (approved October 26, 2011). |
| 87.1 | Amended, Bill No. 210956-A (became law March 17, 2022). |
| 88 | Amended, Bill No. 130224 (approved May 8, 2013). |
| 89 | Amended, Bill No. 110556 (approved October 26, 2011). |