(1) General Rule. A registered principal shall, under oath or affirmation, file expense reports with the Board no later than 30 days after the last day of each reporting period in the electronic format mandated by the Board.
(2) Expense Report Contents.
(a) Each expense report must list the names and registration numbers, when available, of all lobbyists by whom lobbying is conducted on behalf of the principal and must identify the subject matter, issue, administrative action, or legislative action (including bill number) being lobbied, and such additional information as is required by the Board by regulation.
(b) Each expense report shall include the total costs of all lobbying for the period. The total shall include all office expenses, personnel expenses, expenditures related to gifts to or hospitality, transportation and lodging for City officials or employees, and any other lobbying costs. The total amount reported under this subsection shall be allocated in its entirety among the following categories:
(.1) The costs for gifts, hospitality, transportation and lodging given to or provided to City officials or employees or their immediate families.
(.2) The costs for direct communication.
(.3) The costs for indirect communication.
(.4) Expenses required to be reported under this subsection shall be allocated to one of the three categories listed under this Section and shall not be included in more than one category.
(c) If the recipient has reimbursed, in whole or in part, any costs for gifts, hospitality, transportation or lodging given to or provided to City officials or employees or their immediate families, the expense report shall report both the expenditure and the reimbursement.
(d) For purposes of filing an expense report under this subsection, a registrant may use any reasonable methods of estimation and allocation.
(e) In addition to reporting the totals required under this subsection, the expense report must identify, by name, position and each occurrence (including description of thing of value provided and date and place presented), a City official or employee who receives from a principal or lobbyist anything of value that must be included in the statement of financial interests required by the Public Official and Employee Ethics Act, and in particular, as required by 65 Pa. C.S. § 1105(b)(6) or (7), or in the statement of financial interests required under Code subsection 20-610(1). This requirement shall not apply to anything of value received from immediate family when the circumstances make it clear that motivation for the action was the personal or family relationship. For purposes of this Chapter, the amount referred to in 65 Pa. C.S. § 1105(b)(7) shall be considered an aggregate amount per year, but shall not include the cost of a reception which the City official or employee attends in connection with public office or employment.
(f) Written notice must be given to each City official or employee who is listed as required by subsection (e) 91 at least seven days prior to the report's submission to the Board. Notice under this subsection shall include the information that will enable the City official or employee to comply with 65 Pa. C.S. § 1105(b)(6) and (7) and Code subsection 20-610(1). For purposes of this Chapter, 65 Pa. C.S. § 1105(b)(6) and (7) shall constitute mutually exclusive categories. For each category enumerated in subsection 20-1203(2)(b)(.1), each notice shall include both the amount incurred during the reporting period and the cumulative amount incurred from January 1 through the end of the applicable reporting period.
(g) A lobbying firm or a lobbyist not associated with a lobbying firm shall sign the reports submitted by each principal for whom the lobbying firm or lobbyist is registered to attest to the validity and accuracy to the best of the attester's knowledge. A lobbying firm or lobbyist may attach a statement to the report of a principal, describing the limits of the knowledge of the lobbying firm or lobbyist concerning the information contained in the expense report.
(h) The expense report shall also include the name, permanent business address and daytime telephone number of any individual, association, corporation, partnership, business trust or other business entity that contributed more than 10% of the total resources received by the principal during the reporting period.
(i) When a City official or employee attends a reception in connection with his or her public office or employment at the invitation of and hosted by an organization and, at the reception, receives food, beverage, entertainment, and admission without charge, the fair market value of the same shall not be considered a gift to the individual official or employee within the meaning of this Chapter. Further provided, however, that if lobbying covered by this Chapter occurs at such a reception, such lobbying activity and any related expenditure must be reported pursuant to this Chapter. 92
(3) A lobbying firm or a lobbyist not associated with a lobbying firm shall submit an expense report if during the reporting period the lobbying firm or lobbyist engaged in lobbying that was not contained in any expense report filed by a principal or principals represented.
(4) A registered principal that attempts, or that retains a lobbying firm or lobbyist to attempt, to influence an agency's preparing, bidding, entering into or approving a contract shall ensure that the related expenses are included in any expense report filed under subsection 20-1203(2)(b).
(5) A lobbying firm or a lobbyist not associated with a lobbying firm shall submit a report if the lobbying firm or lobbyist engaged in lobbying on behalf of any entity that is exempt under subsection 20-1204(7) relating to City officials acting in an official capacity.
(6) Records Retention. A registrant shall retain all documents reasonably necessary to substantiate the reports to be made under this Section for four years from the date of filing the subject report. Upon request by the Board, these materials shall be made available for inspection within ten (10) business days.
(7) Thresholds for Reporting. An expense report required under this Section shall be filed when total expenses for lobbying exceed two thousand five hundred dollars ($2,500) for a registered principal in a reporting period. In a reporting period in which total expenses are two thousand five hundred dollars ($2,500) or less, a statement to that effect shall be filed.
Notes
| 91 | Enrolled bill read "subsection (d)"; cross-reference corrected by Code editor. |
| 92 | Added, Bill No. 110556 (approved October 26, 2011). |