Electioneering Issues
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PANO Updates
Index of Resources
News Articles
12/11/09
Philadelphia Considers Ethics Reforms Including City Lobbying
Disclosure Law.
Lobbyist cites 'oversight' in registration snafu,
Pittsburgh Tribune-Review, Brad Bumsted, Sept. 5, 2007
PANO Updates
1/9/10 PA Lobbying Accounting
Manual Released. The long anticipated Accounting Manual
detailing How to Comply with Pennsylvania’s Lobbying Disclosure
Act was published in the Pennsylvania Bulletin on January 9,
2010. The Manual for accounting and reporting-how to comply with
Act 134 of 2006 is the Lobbying Disclosure Regulation Committee
Statement of Policy. Among the gems in this document is a
somewhat cryptic passage that the former tax on lobbying
services will likely expand to meet the now broader definition
of lobbying activities. The practical result is that the price
of lobbying services will increase to cover the tax. While this
might not apply to tax-exempt charities, it may apply if your
organization is not tax-exempt.
http://www.pabulletin.com/secure/data/vol40/40-2/91.html.
1/13/10 Pittsburgh’s New
Lobbying Law Takes Effect: The City of Pittsburgh’s new
Lobbyist Registration Act took effect on January 1, 2010. Any
individual lobbying a public official within the City of
Pittsburgh must annually register with the City. Furthermore,
the new Pittsburgh law requires all RFP responses to disclose
any finder’s fees or payments to lobbyists or consultants.
Registration is $100. A civil penalty for not registering can
reach up to $2,000.
http://www.city.pittsburgh.pa.us/district8/assets/09_government_reform.PDF
11/17/09 State Considers
Doubling Lobby Registration Fees. The State’s Independent
Regulatory Review Commission (IRRC) is reviewing a proposed
regulation from the Department of State that would raise the
Lobbying Registration Fee from $100 to $200. While the fee does
cover a two-year period, organizations may have multiple
registrations. PANO for instance has three registrations: one
for our Public Policy Officer, a second for our Executive
Director, and a third for PANO itself. The proposed change would
double PANO’s registration fee from $300 to $600. If you thought
the cost of lobbying disclosure registration was chilling
advocacy for smaller nonprofits, what do you think will happen
with a higher fee? If you don’t like the law, then work with us
to change it. PANO and PAR (Pennsylvania Association of
Resources for Autism and Intellectual Disabilities) has issued
comments, opposing the fee increase.
Read PANO’s comments
See all comments
6/3/09
Raise
State Lobbying
Reporting Threshold for 501(c)(3) Nonprofits.
PANO plans to introduction of legislation to raise the
State lobbying registration and disclosure threshold from the
current $2500 per calendar quarter to a more reasonable $5,000
per quarter. Since
January 2007, organizations that spend more than $10,000 per
year ($2,500 per quarter) to influence State government
decisions are required to register with the PA Department of
State and disclose their expenses online.
Failure to comply can result in civil or criminal
penalties. In the name of
transparency, charities are now facing significant compliance
burdens without regard to their size, scope or purpose. For
smaller organizations this law depletes resources and
discourages advocacy. By
introducing legislation to raise the Threshold, PANO will bring
much-needed relief to the charitable community.
But we need your support. If this issue is important to
you, work with us to move this legislation forward. For many of
you, this is the moment you’ve been waiting for.
4/9/09 PA Lobbying
Regulations Effective for First Quarter Reports.
Pennsylvania’s Lobbying Disclosure Regulations became effective
on Saturday, April 11, 2009, upon publication in the
Pennsylvania Bulletin. According to the PA Department of
State, the new regulations are effective for the first quarter
disclosure reports. All filers must follow the regulations to
prepare first quarter reports which are due on April 30. The
preamble also discusses public comments and the organizations
that provided those comments including PANO PAR, PAGR, the PA
Bar, the Philadelphia Bar, and PSAE.
3/11/09 State Lobbying
Regulations Expected Shortly. On February 25 the Independent
Regulatory Review Commission reversed its prior decision and
approved Pennsylvania’s lobbying disclosure regulations. Under
the new regulations, lobbying begins upon signing of a
contract—whether or not lobbying actually occurs. The
regulations await approval by both House and Senate Legislative
Committees. The Committees have 14 calendar days to report a
concurrent resolution to disapprove the regulations. If approved
by the Committees the regulations are then submitted to the
Attorney General for final review, upon his approval the
regulations are published in the Pennsylvania Bulletin and
become effective on the date of publication unless a later date
is specified. Work will begin in April on rewriting the
Compliance Manual. Additional Information is available below:
2/25/09 IRRC
Approves State’s Lobbying Regulations. Pennsylvania
Lobbying Disclosure Regulations were approved on Thursday
2/25/09 at a hearing of the Independent Regulatory Review
Commission (IRRC) by a 3-1-1 vote. The Commission approved the
Regulations only after Tom Corbett, the State’s Attorney
General make a guest appearance urging IRRC to ignore its own
staff recommendations, reverse its November decision, and
approve the regulations as drafted. For lawyers at least,
lobbying will begin upon signing a contract—whether or not
lobbying actually occurs. According the Pennsylvania Bar
Association, the regulations exceed the scope of the law. The
Regulations will take effect within 14 days of the appropriate
House or Senate committees being formally notified. The
Committees may disapprove of the regulations, but it is
unlikely. Work will begin in April rewriting the
Compliance Manual. For more information
read Corbett’s press release and
watch Corbett's testimony.
1/14/09 State Lobbyists
Registration Renewals Due by January 16. If you were a
registered Pennsylvania lobbyist in 2007-2008 Legislative
Session, your Lobbying Registration expired on December 31,
2008. If you plan to continue actively lobbying State Government
in Pennsylvania, you must renew your lobbying registration by
January 16. If you are not actively lobbying at this time, you
may choose to wait until you exceed the $2,500 quarterly
threshold before renewing your registration. Your registration
number will remain the same, but your registration information
including affiliated principals, lobbyists, lobbying firms, all
contact information, issues that you lobby, and if you are a
membership organization, your number of dues-paying members,
must be updated. The renewal fee is $100.00 for all registrants.
The fee will cover a renewal for a principal, lobbying firm, or
lobbyist from January 1, 2009 through December 31, 2010.
Register
online
Tutorial on applying for an e-signature
Reminder: The next Lobbying Disclosure Reports for the 4th
quarter 2008 are due on January 30.
The next Lobbying Disclosure Regulations Committee Meeting
will be held on Thursday, January 15, at 10:00am in Hearing Room
#2, NOB, State Capitol, Harrisburg. These meetings are open to
the public. A list of future meeting dates for 2009 and a copy
of the regulations that the Committee approved on November 25,
2008 are posted on the Attorney General’s website
http://www.attorneygeneral.gov/theoffice.aspx?id=2099.
11/18/08 At Tuesday’s meeting of the
Lobbying Regulations Committee, the Committee announced that
they will limit any further revisions of the regulations to the
PA Bar Association’s issue of when lobbying begins. (see
PBA’s Comments).
The Regulations Committee now has 40 days to resubmit the
final-form regulations, with any changes, to IRRC and the House
and Senate Committees. No changes are required, but IRRC will
not likely approve regulations without changes. Once Final
Approval is achieved, the Regulations become law in
Pennsylvania. Since the State House and Senate will adjourn on
November 30, 2008, the regulations will have to wait until
January 2009 for Legislative approval. See
IRRC’s Disapproval Order. The Pennsylvania Bar Association (PBA)
testified that the Regulations exceeded the scope of underlying
law by expanding the definition of when lobbying begins. The law
says that lobbying begins upon communication, but the
regulations say that lobbying begins upon paying a retainer or
paying on a contract-- regardless of any physical
communications. (see
PBA’s Comments).
On 11/6/08 PANO testified before IRRC that the Regulations are
too complex, costly to comply with, and chill charities advocacy
rights.(see
PANO's Comments). IRRC disapproved of the Regulations based
on the Bar Association’s issue of when lobbying begins. See IRRC’s
Disapproval Order. While the charities’ issue was addressed
in IRRC’s March 20, 2008 letter, the charities issue was not
addressed in the IRRC Disapproval Order, and therefore can only
be remedied by amending the lobbying law itself.
The next Lobbying Disclosure Regulations Committee (LDRC)
meeting will be held on Tuesday, Nov. 25, at 10:00 A.M. in
Hearing Room 1, North Office Building, Harrisburg. An
announcement of this meeting also appears on the website of the
Attorney General (http://www.attorneygeneral.gov/theoffice.aspx?id=2099&campaignfinanceNav=|).
At the next meeting, the Committee will continue its discussion
of its potential responses to the final action taken by the
Independent Regulatory Review Commission (IRRC) when it issued a
Disapproval Order of the final regulations.
Chairman Robert Mulle has requested that
anyone wishing to submit written comments solely on the issue in
the IRRC Disapproval Order should do so before next Tuesday,
November 25. If those making comments wish the LDRC to review
them prior to next Tuesday’s meeting, they can provide comments
at the website of the Attorney General at
lobbyingdisclosure@attorneygeneral.gov or directly to
Al Masland, copied above, at
amasland@state.pa.us. There will be an opportunity for
public comment at the next meeting.
Pennsylvania’s
Lobbying Disclosure Law is burdensome, costly to comply with,
and chills charities advocacy rights. Charities are being
silenced in the name of transparency and accountability. PANO
has served as a steady voice for nonprofit advocacy rights.
Since 2006, PANO has testified, submitted written statements for
the public record, and mobilized grassroots efforts to urge
regulatory flexibility for small and mid-sized charitable
organizations. As a direct result, the act of merely monitoring
legislative or regulatory action, and the activity of obtaining
funds already appropriated in the state capital budget, will not
be considered lobbying under the law. In 2009 we intend to
introduce legislation to raise the lobbying disclosure
threshold for 501(c)(3) charitable nonprofit organizations. We
will be looking to our members and the broader charitable
community for support.
11/6/08
David Ross, PANO’s Public Policy
Officer testified before the State Independent Regulatory Review
Commission (IRRC) in Harrisburg that the
Pennsylvania Lobbying Disclosure Regulations are too
complex, costly to comply with, and chill charities advocacy
rights. (See
PANO's Comments). The Pennsylvania Bar Association (PBA),
the Philadelphia Bar Association and Pennsylvania Association of
Government Relations (PAGR) testified that the Regulations
exceeded the scope of its authority, by expanding the definition
of when lobbying begins. The law says that lobbying begins upon
communication, but the regulations say that lobbying begins upon
paying a retainer or paying on a contract, regardless of any
physical communications. Common Cause of Pennsylvania testified
in support of the Regulations. (materials posted at
Public Meeting)
After much discussion,
IRRC disapproved the
final-form Regulations in its totality, by a vote of 3-1
(Chairman Coccodrilli voted for approval, Commissioner Frantz
abstained). The Regulations now go back to the Regulation
Committee for any changes. The Committee has 40 days to
resubmit a report and revised final-form regulations to the
House and Senate Committees and to IRRC. The revised final-form
regulations need not include any changes at all. Once IRRC
receives the revised final-form regulations, they have 15 days
to approve or disapprove (second Public meeting). From there it
would go to the House and Senate Committees for final review (14
days). Once Final Approval is achieved, the Regulations become
law in Pennsylvania.
This is an excerpt of PLS’ coverage of the IRRC hearing:
“David Ross, the Public Policy Officer for the Pennsylvania
Association of Nonprofit Organizations (PANO), urged disapproval
of the regulation. He told the commission members that advocacy
is "an essential part of what we do" and the regulation would be
burdensome, costly and "chills" advocacy. Ross also argued the
Final Preamble to the regulation still fails to address the
fiscal impact that the regulation will have on the regulated
community in the areas of tracking expenses, disclosing activity
and maintaining records. Commissioner Bush asked if members of
PANO retain lobbyists. Ross explained most nonprofits do their
lobbying "in-house" but sometime retain a lobbying firm for some
issues. He also explained most nonprofits do their advocacy at
the local level.”
10/22/08 On November 6,
2008 the Independent Regulatory Review Commission (IRRC) will
hold a
Public Meeting in Harrisburg to discuss comments on newly
approved
Pennsylvania Lobbying Disclosure Regulations. IRRC will
address their concerns about the Lobbying Regulations directly
with those who would be affected. PANO is submitting comments
to IRRC, and plans to testify on November 6. (See also
PAR’s comments ) If you or your organization will be
impacted by the new Lobbying Disclosure laws, please share your
story.
Read Kathy
Miller’s web article UH OH - POLITICAL ACTION and PANO’s
response on the
Public Interest Fundraising weblog.
10/08/08 Senate State
Government Committee Holds Hearing on Lobbying Regulations.
On Wednesday, October 8, 2008, at 9am, the Senate State
Government Committee held a Public Meeting at the Capitol in
Harrisburg, to address unresolved issues with the final-form
lobbying regulations. A panel from the Attorney General’s Office
and the Department of State provided oral testimony in response
to written comments submitted by the Pennsylvania Bar
association, Pennsylvania Association of Government Relations
Professions (PAGR), and PANO. PANO, PAGR and the PA Bar
Association each testified briefly on the issues at the hearing.
According to Christopher Lilienthal’s article in Capitolwire
(10-8-08) “David Ross, public policy officer for the
Pennsylvania Association of Nonprofit Organizations, also raised
concerns with [Senator] Piccola’s committee about the impact of
the regulations and the law on the 41,000 nonprofit agencies in
the state, many of which engage in advocacy work and would have
to register. Piccola suggested that legislative action may be
necessary to help nonprofits, noting at one point: “There are
nonprofits and there are nonprofits.” He said the law shouldn’t
put an undue burden on nonprofits that do charitable work.”
See PANO
Testimony.
9/24/08
IRRC Schedules Public Meeting on State Lobbying Regulations.
A public meeting of the Independent Regulatory Review Commission
(IRRC) will be held on Thursday November 6, 2008 in Harrisburg
to address IRRC’s comments on newly approved Pennsylvania
lobbying disclosure regulations. The Regulations were approved
by the Regulations Committee. on September 11, 2008, and now
move to the final approval by IRRC, and the House and Senate
Committees. Issues still unresolved include weak language
excluding volunteers engaged in advocacy from registration and
reporting requirements, and an expanded definition of when
lobbying begins (upon acceptance of economic consideration
rather than the date lobbying communications began) could
require disclosure of a lawyer’s client or increase the cost of
hiring a lobbyist or a lawyer that may lobby. But for many
charities, compliance burdens inherent in these regulations will
effectively limit their involvement in State level advocacy.
8/27/08
The next meeting of the Lobbying Disclosure Committee will be
held on Thursday, August 28 at 9:30 am, Hearing Room #3, North
Office Building, at the State Capitol in Harrisburg. Lobbying
Disclosure Draft Regulations could be approved by the
Regulations Committee as early as August 28. Three key issues
still unresolved include, 1) the compliance burden to charities
and smaller organizations remains high, 2) communications on the
“release of funds from the Capitol Budget” will be considered
lobbying, and 3) weak language excluding volunteer advocates
from lobbying registration and reporting requirements. For some
volunteers, a “day on the hill” could trigger lobbying
registration and reporting.
8/8/08
Lobbying Disclosure Draft Regulations could be submitted to the
legislature as early as August 28, 2008. The three main issues
still unresolved include, 1) the compliance burden to charities
and smaller organizations remains high, 2) communications on the
“release of funds from the Capitol Budget” will be considered
lobbying, and 3) weak language excluding volunteer advocates
from lobbying registration and reporting requirements. For some
volunteer advocates, a “day on the hill” could trigger lobbying
registration and reporting requirements.
The next meetings of the Lobbying
Disclosure Committee will be held on
-
August 14, 2008 (9:30 am) in Hearing Room
#3, North Office Building, Harrisburg
-
August 21, 2008 (9:30 am) in Room 8E-A
East Wing, Main Capitol Building, Harrisburg
-
August 28, 2008 (9:30 am) in Hearing Room
#3, North Office Building, Harrisburg
7/30/08 Are volunteers
Considered Lobbyists in Pennsylvania? At the last meeting of
the Lobbying Regulations Committee the Committee discussed
whether distributions of funds from the capital budget should be
considered lobbying and whether volunteers advocating attending
an “Advocacy Day on the Hill” should be considered lobbyists.
The Committee discussed whether the language ‘“distribution” of
funds from the capital budget”’ should be “disbursement” or
“release”. Either way, communications with state officials to
receive State funds that the General assembly already approved
will be considered lobbying. The Committee could vote on the
final lobbying regulations as early as August 28.
7/16/08 New lobbying
regulations target volunteers lobbyists and their employers.
At last Thursday’s meeting of the State Lobbying Regulation
Committee, regulation language was considered that could hold
volunteer advocates and their employers accountable for
lobbying. If the current draft language holds, then business
professionals such as doctors and lawyers who participate in a
volunteer advocacy “day on the hill” could be required to
register themselves and their employers with the Department of
State. An employer could indirectly fund lobbying activity if
the employee's communications occurs during regular business
hours. But for salaried employees, all hours are business hours,
and highly paid salaried employees reach the $2,500 quarterly
threshold in only a few hours. For anyone with a job, the
implication is a concern. For professionals the
implication is chilling.
7/2/08
The
Pennsylvania Lobbying Regulations Committee has posted the
Draft Final Form Regulations and the
Preamble Introduction and Conclusion on the
Attorney General’s website. The State’s lobbying disclosure
law is burdensome, costly, and chills advocacy. The Committee
recognizes that the regulations will have a fiscal and economic
impact on smaller nonprofits, but the Committee lacks the
specific information that they need to address this problem.
They you’re your input. Please comment on the Regulations.
Take Action The Committee will consider your comments as
they wrap-up work on the Draft Regulations and the Preamble, but
time is of the essence.
2/19/08
PANO
Comments on the Proposed PA Lobbying
Disclosure Regulations
1/18/08 COMMENT ON THE
REGULATIONS! Protect Your Advocacy Rights!
Pennsylvania’s newly proposed Lobbying Disclosure Regulations
have been published in the Pennsylvania Bulletin. The 30-day
public comment period opens on Saturday January 19, 2008.
Take Action: Protect charity’s advocacy rights! Comment on
the regulations! • Identify which regulations inhibit you or
those you serve from engaging in advocacy. • Submit your
comments now before this period closes.
Proposed regulations are posted at
http://www.pabulletin.com/secure/data/vol38/38-3/125.html.
Send your comments to: Louis Lawrence Boyle, Deputy Chief
Counsel, Pennsylvania Department of State, via email at
llboyle@state.pa.us
before February 19, 2008.
Regulatory Review: More information on Pennsylvania’s
Regulatory Review process is posted at
http://www.irrc.state.pa.us/Documents/Misc/PA_Regulatory_Review_Process.pdf.
The Law: Pennsylvania’s lobbying law requires lobbyists,
lobbying firms, associations, and charities that spend more than
$10,000 per year to influence state officials, legislation,
regulations, State grants, or the State budget, to register with
the State and disclose lobbying related expenses quarterly and
online.
The Impact: Since January of 2007,
Pennsylvania’s charities have had to register with the
Department of State, track their lobbying and grassroots
advocacy expenses, and disclose all related costs online or face
civil and criminal sanctions. In the interest of transparency,
charities are now facing added compliance burdens that deplete
charitable resources and discourage charities from engaging in
advocacy. Pennsylvania’s lobbying disclosure law is burdensome,
costly, and chills advocacy. The proposed regulations fail to
ease this burden, offering little regulatory flexibility for
smaller charities.
12/13/07 Lobbying Regulations
Committee Expects Vote on Draft Regulations This Week. The
next meetings of the State Lobbying Disclosure Regulations
Committee are scheduled for December 19 at 11:00am and December
21 at 9am at the Capitol, North Office Building, Hearing Room
#1. The Committee expects to complete the final changes to the
draft proposed regulations and vote on the final draft at
Friday’s meeting. This meeting is open to the public, and an
opportunity to comment for the record is available Copies of the
tracked changes for Chapters 51 – 65 “Final Proposed”
Regulations and the Preambles are posted
here.
The next step will be the formal regulatory IRRC regulatory
review process:
Timeline for Approval of the Lobbying
Disclosure Regulations
- Attorney
General – Committee delivers the proposed regulations to
the AG whose review must be completed in 30 days.
- Public
Comment Period – Committee delivers the proposed
regulations to the Independent Regulatory Review Commission (IRRC),
the Senate and House Committees and the Legislative Reference
Bureau (LRB) for publication in the Pennsylvania Bulletin
with a public comment period of at least 30 days.
- IRRC
Comment Period – IRRC delivers comments within 30
days of the close of the public comment period.
- Committee
Review– Committee responds to IRRC comments and delivers
final-form regulations within the 2-year statutory
period.
- IRRC Acts
at its Public Meeting – IRRC may have until its next
meeting which occurs no less than 30 days after receipt
of the regulation, provided that IRRC cannot act for at least
20 days after the receipt of the regulation.
- IRRC
Approves and the Committee Approves – Committee
submits the regulations to the Attorney General for final
review for form and legality.
- Final
Publication in Pennsylvania Bulletin – With the
AG’s approval, the Committee may proceed with the final
publication in the Pennsylvania Bulletin and the
regulations are effective.
Learn more about the
Regulatory Review Process in Pennsylvania.
12/5/07 Lobbying Regulations
Committee to meet Dec 6. The next meeting of the Lobbying
Disclosure Regulations Committee will be December 6, 2007 at
9:00am, first floor hearing rooms, North Office Building,
Harrisburg. Once the remaining items are completed, the
Committee may vote to approve the final draft regulations. The
next step is the IRRC review.
11/19/07 The next meeting of
the Lobbying Regulations Committee November 29. The next
meeting of the Lobbying Regulations Committee will be held on
Thursday November 29, 2007, in Hearing Room 2, North Office
Building, Harrisburg, PA. There will be no meeting on Thursday
Nov. 22 due to the Thanksgiving Holiday. The Committee plans to
consider the regulations and preamble of Chapter 57 (relating to
exemptions). If the Committee is able to wrap-up the final draft
of the regulations on Nov 29, the Committee will report the
final draft regulations out of Committee. The next stage is IRRC
review. For more information go to
http://www.attorneygeneral.gov/theoffice.aspx?id=2099.
10/10/07 Final draft PA
Lobbying Regulations Expected November 11. The Lobbying
Regulations Committee expects to report out of Committee the
final draft Regulations on November 8, 2007.
Expense reports for third quarter 2007 are due on October 30
for the period of July 1, through September 30. Charities are
not exempt. If your charity exceeds $2500 per quarter for
lobbying and advocacy communications to the State legislature,
then you may be required to file under the State’s new lobbying
disclosure law. Failure to comply carries significant penalties.
Pennsylvania’s New Lobbying Disclosure Law is burdensome,
onerous, and chills charities advocacy rights. PANO continues to
advocate for a solution.
8/2/07 PANO and PAR
Testify on Lobbying Regulations Impact on Charities.
This morning, David Ross, PANO Public Policy Officer, and
Gabrielle Sedor of PAR testified before the Lobbying Regulations
Committee in Harrisburg. The draft regulations only reinforce
what are already burdensome and onerous reporting obligations
for charities. These Regulations deplete charitable resources
and chill advocacy by charities. Testimony by PANO, PAR, and
others is posted at the State Attorney General’s Website at
http://www.attorneygeneral.gov/theoffice.aspx?id=2099.
7/20/07 State Department
Announces Public Hearing on Lobbying Regulations. The
Pennsylvania Department of State has just announced a Public
Hearing on the soon to be released Draft State Lobbying
Disclosure Regulations pursuant to Act 134 of 2006. When: August 2, 2007 (from 9:00am – 1:00pm) Where: Hearing
Room 1, North Office Building, Harrisburg, PA
Organizations and individuals that wish to present comments
to the Committee should contact Marty Booth at (717) 783-0736 or
the Office of Chief Counsel, Department of State, 301 North
Office Building, Harrisburg, PA 17120, by July 27, 2007. The
length of presentations will be based on the number of parties
interested in commenting on the draft regulations. Please visit
www.attorneygeneral.gov
for more information. [Draft regulations posted at
http://www.attorneygeneral.gov/theoffice.aspx?id=2099]
PANO members and Pennsylvania’s charities must testify.
The Committee must hear how your charity is impacted by this
law. We thank those who have worked with us on this issue,
submitted comments for the record, shared information with their
network, and contacted legislators on behalf of charities’
rights to advocate. It is time again to mobilize on this issue
and to identify for the committee alternative regulatory
language that will not harm charities or those we serve.
Why is this so important?
Pennsylvania’s Lobbying Disclosure law requires charities
that spend more than $2500 per quarter on State advocacy to
register as lobbyists with the PA Department of State. Many
charities that advocate on legislation, regulations, State grant
funding, or on the State budget, must now register with the
Department of State, track their advocacy activities, and
disclose expenses quarterly, publicly and online. Many charities
do not even realize that they are lobbying and are in violation
of the law. Failure to comply can result in significant
penalties.
The Lobbying Regulations Committee has spent six months
drafting regulations that govern how lobby firms, individuals
and organizations must track and report their government affairs
expenses. PANO attended these meetings and urged the Committee
consider regulations that would not place an undue burden on
charities abilities to advocate for those they serve. Act 134 in
effect since January 1, 2007 is depleting charitable resources
and discouraging smaller charities from engaging in advocacy. In
the name of transparency, and uniformity, charities are facing
compliance burdens without regard for their size, capacity, or
public purpose.
Charities must attend this hearing and present
testimony. There is still time to make a difference. The regulations
have not yet been adopted.
7/16/07 Second
Quarterly Expense Reports due July 30; Lobbying Regulations
Committee to Meet July 19 & 26. The Second quarter covers
all direct and indirect lobbying expenses, gifts hospitality and
transportation spent to support your organization’s PA advocacy
activities for the period of April 1 through June 30. If you
have already registered as a lobbyist or principal with the PA
Department of State, then you are required to file quarterly
expense reports by July 30. Please note that an electronic
signature is required for online filing, and may require time to
set-up. Additional
information is posted at
http://www.attorneygeneral.gov/theoffice.aspx?id=2099.
Comment on the Regulations. Pennsylvania’s New
Lobbying Disclosure Law is burdensome, onerous, and discourages
charities from engaging in advocacy. Regulations are expected to
be release in late July or early August. Working drafts of each
chapter are posted on the Attorney General’s website at
http://www.attorneygeneral.gov/theoffice.aspx?id=2099.
Tell the Lobbying Regulations Committee how your charity will be
impacted by excessive lobbying disclosure. Send your comments
directly to
lobbyingdisclosure@attorneygeneral.gov and please copy
david@pano.org on your
email. Sample comments are posted at
http://www.pano.org/publicpolicy/Documents/public_comments_PA_LDA.doc.
7/3/07 Second Reporting Quarter Ends June 30. If you have already
registered as a lobbyist or principal, please note that the
second reporting quarter ends on June 30. Expense reports for
the second quarter of 2007 are due no later than 30 days after
the last day of the quarter -- July 30, 2007.
5/30/07 PA Lobbying
Regulations Committee Approves Interim Guidelines. The
Latest Draft of the Interim Guidelines was approved by the full
Regulations Committee on May 30, 2007. The Draft of the Interim
Guidelines is designed to guide lobbyists and firms on how to
track advocacy communications and how to file expense reports.
The Committee will post the approved version of the Draft
Interim Guidelines Version XI on the Attorney General’s website
within the next few days. Version X dated May 14 is currently
posted
here.
The new State Lobbying Disclosure Act is onerous, burdensome
and discourages charities from engaging in advocacy. Voice your
concerns to the Regulations Committee before it’s too late. Send
your comments on the Regulations to Lobbying Regulations
Committee via email at
lobbyingdisclosure@attorneygeneral.gov.
5/25/07 The Pennsylvania
Lobbying Disclosure Law (Act 134 of 2006) requires charities
that spend more than $2,500 per calendar quarter on state
advocacy ($10,000 per year), to register as lobbyists with the
PA Department of State. While some exemptions may apply,
charities are not exempt. Charities that advocate on
legislation, regulations, state grant funding, or the state
budget, may now be required to register with the Department of
State, to track their advocacy and lobbying expenses, and to
disclose these expenses quarterly online. In the interest of
promoting transparency, charities are now facing added
compliance burdens without regard for their size or charitable
purpose. For smaller charities, this law will deplete their
resources and could discourage them from engaging in advocacy
altogether. [65 Pa.C.S. § 1301-A et seq.]
4/25/07 PANO Re-Opens
Lobbying Survey. The Lobbying Regulations Committee has
requested additional information about how lobbying disclosure
will impact charities. Complete the survey and return it to PANO
ASAP and forward this link to others. Go to
http://www.surveymonkey.com/s.asp?u=477853713180. Help
the Committee draft Regulations that won’t hurt charities.
First Quarter Lobbying Reporting Deadline April 30: First
quarter lobbying expense reports are due on April 30. All
charities registered under Pennsylvania’s new Lobbying
Disclosure Act must file expense reports by April 30 or face
fines of $50 per day for each late day. For more information
click
here.
The Latest
Draft of the Interim Guidelines have been posted on the
Attorney General’s website to help lobbyists file their expense
reports.
4/11/07 The State Ethics Commission of Pennsylvania has published its Advisory (07-1003, decided on 3/28/07) on whether the State Lobbying Disclosure Act applies to charities. It was the conclusion of the Ethics Commission that the State lobbying law does in fact apply to charities. The Charity that engages in lobbying under the Act, must satisfy the registration and reporting requirements of the Lobbying Disclosure Law unless it qualifies for an exemption under Section 1306-A of the Act. The Executive Director and all other staff members of the charity who engage in lobbying on behalf of the charity would be required to register as lobbyists to the extent they would not otherwise qualify for exemption under the Act. This Opinion of the Ethics Commission is broadly applicable to charities under similar circumstances. However, the opinion is limited to interpretation under the Lobbying Disclosure Act itself and to the existing sections of the Ethic s Act. This Opinion is subject to change when the language of the Regulations are finally adopted later this year. More information.
4/9/07 At the April 5, meeting of the Lobbying Disclosure
Regulations Committee Meetings, PANO addressed the Committee on
how the new Lobbying Disclosure law will impact charities in
Pennsylvania. PANO shared with the Committee our concerns that
the new Lobbying Disclosure Act would impose significant
compliance burdens and expenses on all charities. Resources that
would otherwise be directed toward charitable mission must now
be used to register, track and disclose advocacy expenses. Small
to mid-sized charities will be especially impacted. Without some
regulatory flexibility for size, scope and purpose, many small
to mid-sized charities will be forced to choose whether they can
afford to engage in State advocacy at all.
If you or your organization wishes to write a letter directly
to the Committee, email the Office of Attorney General at:
lobbyingdisclosure@attorneygeneral.gov. Please include
relevant detail explaining why the Act negatively impacts your
organization, or how it prevents you helping those you serve.
The detail of how you interact with legislators, regulators and
staff, as well as how this law impacts your ability to engage in
advocacy is critical to the Committee’s understanding of nature
of the problem, and identifying possible solutions. Another
opportunity to address the committee is likely.
For the Attorney General's website with details on upcoming
meetings, relevant chapters in the drafts of the regulations and
the most recent draft of the Interim Guidelines go to
http://www.attorneygeneral.gov/theoffice.aspx?id=2099.
Members of the public are invited to attend. Individuals who
wish to attend the meeting to observe or to provide comment
should contact the PA Office of Attorney General at (717)
787-3391 or
lobbyingdisclosure@attorneygeneral.gov.
First Quarter Reporting Deadline April 30: The first reporting quarter of 2007 ended on March 31, 2007.
Charities and individuals who registered under the new Lobbying
disclosure law or 2007, must file first quarter expense reports
before April 30. Failure to file could result in fines of $50
per day for each late day.
Register for an e-Signature Now. The PA Lobbying
Disclosure Act allows registrants to file quarterly expense
reports online. Filing online is faster and more convenient that
completing paper forms. But online filing requires that you
first Set-up a PA Powerport Account then create an e-signature.
Register Now. It may take up to two weeks to process your
e-signature. Follow the instructions at the
Department of
State’s website.
State Lobbying and Gift limits: Pennsylvania’s new State
Lobbying Disclosure law sets the threshold for gifts at $250
annually per government official in aggregate. Aggregate
means the total of all gifts received from a single source.
Gifts above the $250 threshold require specific disclosures. For
lobbyists, gift disclosure requires the name of government
employee/official recipient, who he/she works for, a description
of the gift(s), it’s source(s) (name address and phone number),
value of the gift(s) and it the circumstances of the gift(s).
The Regulations are not yet final, but this level of disclosure
was set forth in the Act itself. Costs of receptions, and
personal gifts received by legislator/regulators/staff from
immediate family, are excluded. State employees/officials are
required under the existing State ethics laws to disclose gifts
above the $250 threshold. Now both the lobbyists who gives the
gift, and the government official or employee who receives it,
must disclose.
For the limits on gifts and hospitality referenced in Act
134, go to §1105(b)(6) gifts, and (7) hospitality see the Public
Official and Employee Ethics Act [65 Pa.C.S. §§1101-1113] is
posted
here.
3/28/07 State Ethics
Commission Advisory Says Charities Are subject to State Lobbying
Disclosure Law. On March 28, 2007, the State
Ethics Commission held a public meeting at the State Capitol to
issue an Advisory Opinion as to how Pennsylvania’s new Lobbying
disclosure Act (Act 134) applies to charities. A copy of the
public meeting agenda is posted
here.
The Commission determined in the SUROVIEC, NO. 07-1003,
OPINION: that charities engaged in public policy advocacy do
meet the statutory definition for “lobbying” and would be
considered a “principal” or “lobbying firm” under Pennsylvania’s
lobbying disclosure Act. (65 Pa.C.S. § 1301-A et seq). Staff
members who engage in lobbying activities and meet the reporting
threshold would be required to register under the Act and to pay
the $100 registration fee.
The State Ethics Commission is required to hold a public
meeting when an advisory is requested on an issue to which there
is not already precedent. However, this Advisory was issued
prior to the release of Lobbying Disclosure Regulations.
Therefore, this ethics Advisory is limited to the scope of the
existing law, and subject to change if Regulations are issued
that are contrary to the Advisory opinion.
This agenda item is the result of one charity, a PANO member,
The Arc of PA, making an inquiry with the Commission. The
Commission’s decision set a precedent as to how the
Pennsylvania’s Lobbying Disclosure Act applies to charities
engaged in advocacy in Pennsylvania.
For a topical digest of State Ethics Commission Orders,
Opinions, and Advices of Counsel issued by the Commission in
1999 and 2000 under the Former Lobbying Disclosure Act, Act 93
of 1998, Chapter 13. The full text Opinions and Advices of
Counsel are available in the Commission’s e-library. The 1999
and 2000 Opinions and Advices of Counsel that were issued under
the former Lobbying Disclosure Act are void, as a result of the
former Lobbying Disclosure Act being declared invalid. (See,
Gmerek v. State Ethics Commission, 569 Pa. 579, 807 A.2d 812
(2002). For a copy of this Digest, go to
http://www.ethics.state.pa.us/ethics/lib/ethics/DIGEST-LDA.pdf.
Pennsylvania’s new Lobbying Disclosure Law requires charities
that spend more than $2,500 per calendar quarter on State
advocacy, to register as lobbyists with the PA Department of
State. While some exemptions may apply, charities are not
exempt. Charities that advocate on legislation, regulations,
State grant funding, or the State budget, may now be required to
register with the Department of State, to track their advocacy
and lobbying expenses, and to disclose these expenses quarterly.
In the interest of promoting transparency, charities are facing
added compliance burdens without regard for their size. For
smaller charities, the Act could significantly deplete
charitable resources and discourage them from engaging in
advocacy altogether.
For more information on the lobbying disclosure Act, go to
PANO’s State Advocacy webpage. To contact the State Ethics
Commission directly call (717) 783-1610, toll free at (800)
932-0936, or email at
ra-ethicswebmaster@state.pa.us . PANO will continue to
provide updates to our members as this process moves forward.
Contact David Ross, PANO Public Policy Officer at
david@pano.org or at
(717) 236-8584 x1009 with your questions and concerns.
1/31/07 PA Lobbying Regulations Committee Holds First Meeting, Announces Timeline. The PA Lobbying Regulations Committee held its first meeting. The Committee members were sworn-in, and a timeline was announced for when the Regulations will be released. For more information go to http://www.pano.org/publicpolicy/publicpolicy-lobbying_state_summary.php.
Details about future meetings can be found here: http://www.attorneygeneral.gov/theoffice.aspx?id=2099.
11/01/06 Governor Signs
Lobbyist Disclosure Bill into law. On November 1, 2006, the
governor of Pennsylvania signed into law, the Lobbyist
Registration and Disclosure Bill HB700 (PN4887) now Act No. 134
of 2006. All charities that spend more than $2,500 per quarter
on advocacy to state legislators, regulators or their staff,
must register with the Department of State as lobbyists and
disclose all monies spent to influence state government.
Charities that seek grant funding are not excluded. This new law
covers all direct communications, grassroots advocacy, gifts,
travel, hospitality, and the cost of all resources to support
advocacy. Charities seeking grant monies or budget allocations
from state agencies will be considered lobbying. Failure to
register and disclose correctly could result in significant
penalties including $25,000 in fines. This new law replaces the
old lobbyist disclosure law that was stuck-down as
unconstitutional by the State Supreme Court in 2002. Most of
this law takes effect on January 1, 2007. Regulations are
expected within the next few months. PANO will continue to
update its members as information becomes available.
10/25/06 PA House Passes
Lobbyist Registration and Disclosure Bill.
After a more than two years, of
debate, the Pennsylvania House and Senate finally passed a
comprehensive lobbyist registration and disclosure bill.
House Bill 700(PN4887) will require all lobbyists, and
organizations engaging in advocacy, to register on-line with the
state, and to disclose the total amounts spent on advocacy.
Charities are NOT excluded. All charities that spend over $2500
per quarter lobbying the state legislature and executive branch
agencies must register and report as lobbyists by January 1,
2007. All costs associated with advocacy communications, (direct
indirect, and grassroots) including salaries, rent, office
expenses, gifts of over $250, and hospitality of over $650 per
year must be disclosed. Individuals who fail to register and
report spending could face a $2000 fine and be banned from
lobbying for up to 5 years. Organizations that intentionally
fail do not report spending could face $25,000 in fines and
prosecution by the Attorney General. On Thursday 10/24/06, a
printing error nearly caused the bill to be delayed until mid
November. The bill now heads back to the Senate for
ratification, and then it moves to the Governor for his
signature.
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