[29 Pa.B. 3868]
[Continued from previous Web Page]
CHAPTER 33. REGISTRATION AND TERMINATION Sec.
33.1. Biennial filing fee. 33.2. Principal registration. 33.3. Lobbyist registration. 33.4. Amended registration statements. 33.5. Termination. § 33.1. Biennial filing fee.
(a) Under section 1310(a) of the act (relating to filing fees; fund established; regulations), a principal or lobbyist required to be registered under the act shall pay a biennial filing fee of $100 to the Commission.
(1) The biennial filing fee shall be tendered to the Commission with the filing of the principal's or lobbyist's first registration statement in each registration period.
(2) The biennial filing fee shall be a flat fee for the registration period in which paid. A registrant shall not be required to pay more than one biennial filing fee in any given biennial registration period.
(3) A separate biennial filing fee shall be paid for each principal or lobbyist required to be registered, even if employed by a firm, association, corporation, partnership, business trust or business entity that is also required to register and that has paid or will pay the fee. A principal also acting as a lobbyist shall pay no more than one fee in a registration period.
(4) The biennial filing fee is nonrefundable and nontransferrable.
(5) Filing fees shall expire at the end of each registration period, regardless of when paid.
(b) The failure to pay a biennial filing fee as required by the act and this section shall constitute a failure to register as required by the act.
(c) Money received from biennial filing fees shall be deposited in the Fund.
§ 33.2. Principal registration.
(a) Unless exempt under section 1306 of the act (relating to exemption from registration and reporting), a principal shall register with the Commission within 10 days of acting in any capacity as a principal.
(1) Engaging a lobbyist for lobbying purposes constitutes acting in the capacity of a principal.
(2) Lobbying by a principal on the principal's own behalf constitutes acting in the capacity of a principal.
(i) A principal that is required to register and that engages in lobbying on its own behalf need only register with the Commission as a principal.
(ii) Unless exempt under section 1306 of the act, members or employes of a principal who engage in lobbying on behalf of the principal shall register as lobbyists with the Commission under § 33.3 (relating to lobbyist registration).
(b) A principal shall register by filing a registration statement with the Commission, on a form prescribed by the Commission, which shall disclose the following information:
(1) The name, permanent address, daytime telephone number, and name and nature of business of the principal.
(2) The name, registration number and acronyms of ''affiliated political action committees'' as defined in section 1303 of the act (relating to definitions), as to the principal or the principal's employes, or both.
(3) The name and permanent business address of each individual, registered or unregistered, who will for economic consideration engage in lobbying on the principal's behalf, whether as an individual or as a member, employe, or agent of a firm, association, corporation, partnership, business trust or business entity.
(4) If the principal is an organization or association, the number of its dues-paying members in the past calendar year.
(c) For each address that is to be disclosed on a registration statement, the filer shall include the mailing address and may, at the filer's option, include the street address, if different. If no street address is supplied, the registrant shall be deemed to have waived personal service where such service is required by law. The filer may, at the filer's option, also include a fax number or electronic mail address.
(d) The registration statement shall include the principal's consent to receive service of notices, other official mailings or process at addresses listed in the registration statement on file with the Commission.
(e) The registration statement shall include a statement that the principal has received, read and understands the requirements and prohibitions of sections 1304, 1305 and 1307 of the act (relating to registration; reporting; and prohibited activities) and section 1105(b)(6) and (7) of the Ethics Act (relating to statement of financial interests).
(f) A principal will not be considered registered until the completed registration statement, in proper form as required by the act and this section, is received by the Commission.
(g) Unless terminated, each registration statement filed under the act shall be effective from the date of filing through the final day of the registration period then in effect. The principal shall file new registration statements after that date, to the extent the principal is required to be registered under the act and this section.
§ 33.3. Lobbyist registration.
(a) Unless exempt under section 1306 of the act (relating to exemption from registration and reporting), a lobbyist shall register with the Commission within 10 days of acting in any capacity as a lobbyist.
(1) Accepting an engagement to lobby constitutes acting in the capacity of a lobbyist.
(2) Engaging in lobbying constitutes acting in the capacity of a lobbyist.
(3) When a firm, association, corporation, partnership, business trust or business entity is engaged as a lobbyist, it and each of its members or employes that engage in lobbying on behalf of the principal shall register with the Commission, unless exempt under section 1306 of the act.
(b) A lobbyist shall register by filing a ''registration statement'' with the Commission on a form prescribed by the Commission which shall include and disclose the following information:
(1) The name, permanent business address and daytime telephone number of the lobbyist.
(2) A passport-sized (approximately 2 inches × 2 inches) photograph of the lobbyist which photograph shall be of reasonable clarity and shall have been taken within 2 years of the date of registration, except that if the lobbyist is not an individual, a photograph is not required.
(3) The name, permanent business address and daytime telephone number of the principal the lobbyist represents.
(4) The name, registration number and acronyms of ''affiliated political action committees,'' as defined in section 1303 of the act (relating to definitions) as to the lobbyist or the lobbyist's employes, or both.
(c) For each address that is to be disclosed on a registration statement, the filer shall include the mailing address and may, at the filer's option, include the street address, if different. If no street address is supplied, the registrant shall be deemed to have waived personal service where such service is required by law. The filer may, at the filer's option, also include a fax number or electronic mail address.
(d) The registration statement shall include the lobbyist's consent to receive service of notices, other official mailings or process at addresses listed in the registration statement on file with the Commission.
(e) The registration statement shall include a statement that the lobbyist has received, read and understands the requirements and prohibitions of sections 1304, 1305 and 1307 of the act (relating to registration; reporting; and prohibited activities) and section 1105(b)(6) and (7) of the Ethics Act (relating to statement of financial interests).
(f) A lobbyist required to be registered under the act shall file a separate registration statement for each principal represented. A lobbyist registering on behalf of an association shall not be required to register on behalf of each individual member of that association, except as to such members of the association whom the lobbyist represents in an individual capacity.
(g) A lobbyist will not be considered registered until the completed registration statement, in proper form as required by the act and this section, is received by the Commission.
(h) Unless terminated, each registration statement filed under the act shall be effective from the date of filing through the final day of the registration period then in effect. The lobbyist shall file new registration statements after that date, to the extent the lobbyist is required to be registered under the act and this section.
§ 33.4. Amended registration statements.
(a) A principal required to be registered under the act shall file an amended registration statement whenever there is a change of or in the information required to be disclosed on the principal's registration statement. The amended registration statement shall be filed with the Commission within 14 days after the change occurs, except that if the change is solely as to the number of dues-paying members in the past calendar year, the amended registration statement shall be filed with the Commission within 14 days of the end of the year in which the change occurs.
(b) A lobbyist required to be registered under the act shall file an amended registration statement whenever there is a change of or in the information required to be disclosed on the lobbyist's registration statement.
(1) The amended registration statement shall be filed with the Commission within 14 days after the change occurs.
(2) A change to the identity or name of the principal represented shall require a new registration statement.
(c) The filing of amended registration statements shall be subject to the additional requirements detailed in § 31.9 (relating to amended filings).
§ 33.5. Termination.
(a) A lobbyist or a principal may terminate registration by filing a completed notice of termination with the Commission.
(1) The notice of termination shall be on a form prescribed by the Commission.
(2) A lobbyist may file notices of termination solely as to registration statements which the lobbyist has filed.
(3) A principal may file notices of termination solely as to registration statements which the principal has filed.
(b) A separate notice of termination shall be required for each registration statement.
(c) A notice of termination shall identify the applicable registration statement by the date filed, the name and address of the principal, and the names and addresses of the lobbyists.
(d) A notice of termination may be amended, but cannot be withdrawn.
(e) A registration statement cannot be revived or otherwise made effective after a notice of termination as to the registration statement has been filed.
(f) No lobbying may occur after the filing of a notice of termination unless the lobbying is under a separate registration statement which has already been filed with the Commission and which, at the time of the lobbying, has not been terminated.
(g) A lobbyist or principal filing a notice of termination shall, within 30 days thereafter, file a termination report with the Commission.
(1) Termination reports shall be filed on the quarterly expense report form prescribed by the Commission. The filer shall check the appropriate block on the form to indicate that it is a termination report.
(2) A termination report shall identify the applicable notice of termination by the date filed, the name and address of the principal, and the names and addresses of the lobbyists.
(3) For purposes of determining whether the reporting threshold has been met, expenses shall be accounted for as set forth in § 35.1(c) (relating to quarterly expense reports).
(4) If the total lobbying expenses of the registered principal or registered lobbyist, lobbying on the principal's behalf, or both, from the end of the previous quarterly reporting period through the final day of lobbying are $500 or less, the termination report may substantively be limited to a statement to that effect, by checking the appropriate block on the form.
(5) If the total lobbying expenses of the registered principal or registered lobbyist, lobbying on the principal's behalf, or both, from the end of the previous quarterly reporting period through the final day of lobbying are in excess of $500, a termination report by the principal shall include all information required by section 1305(b)(1)--(3), (5) and (7) of the act (relating to reporting), and a termination report by a lobbyist shall include all information required by section 1305(b)(2) and (3) of the act, through the final day of lobbying activity.
(6) The filer of the termination report shall give written notice to each public official or employe of the public official's or employe's inclusion in the termination report within 7 days of the submission of the termination report to the Commission. The notice shall include the information which will enable the public official or employe to comply with section 1105(b)(6) and (7) of the Ethics Act (relating to statement of financial interests).
(h) A lobbyist required to be registered under the act shall sign the termination reports and amended termination reports submitted by the principal represented to attest to the validity and accuracy of the reports to the best of the lobbyist's knowledge.
(1) A lobbyist may attach a statement to the report of any principal, describing the limits of the lobbyist's knowledge concerning the expenditures contained in the report.
(2) Lobbyists' statements as to limitations of knowledge shall describe the limitations and the reasons for the limitations with specificity.
(i) If the principal fails to file a termination report, or if, during the period covered by the principal's termination report or amended termination report, the lobbyist engaged in lobbying on behalf of the principal which was not contained in the report, a lobbyist required to be registered under the act shall file a separate termination report or a separate amended termination report.
(1) When more than one lobbyist would be required to file a separate report, they shall have the option of filing the reports jointly.
(i) The joint filing of a separate report does not excuse the various lobbyists involved from the duty to fully comply with the act and this section as to the separate reports.
(ii) The lobbyists joining in a joint report shall sign the report as provided in § 31.10 (relating to filings to be originals signed under oath or affirmation).
(2) The deadline for filing a separate report shall be the 30th day after the date the principal's related report was filed.
(3) Separate reports shall be filed on a form prescribed by the Commission.
(4) A separate termination report or separate amended termination report shall contain the identity of the principal for whom the lobbying was performed.
(5) A separate termination report or separate amended termination report shall include all information required by section 1305(b)(2), (3) and (7) of the act.
(6) A separate termination report or separate amended termination report may include a statement which sets forth, with specificity, the limitations of the lobbyist's knowledge and the reasons for the limitations.
(7) A lobbyist filing a separate termination report or separate amended termination report shall promptly serve it upon the principal.
(8) A lobbyist filing a separate termination report or separate amended termination report shall give written notice to each public official or employe of the public official's or employe's inclusion in the report within 7 days of the submission of the report to the Commission. The notice shall include the information which will enable the public official or employe to comply with section 1105(b)(6) and (7) of the Ethics Act.
(j) If the principal is unable to secure the signature of the lobbyist as to a termination report or amended termination report, the principal shall attach an affidavit to such report, setting forth the attempts made and the reasons for the inability to obtain the lobbyist's signature. Such affidavit shall be on a form prescribed by the Commission.
(k) After a reasonable review of the termination report, the Commission will issue to the lobbyist or principal who filed the notice of termination a letter stating that the registrant has terminated registration. The letter shall be issued within 90 days after the Commission's receipt of the notice of termination except that the filing of a defective or delinquent termination report shall automatically and correspondingly extend the Commission's deadline for issuing the letter.
(l) The filing of a notice of termination or a termination report, or the issuance of a Commission letter stating that the registrant has terminated registration, does not affect the Commission's authority to conduct audits, investigations, hearings or other proceedings under the act and this part.
CHAPTER 35. REPORTING Sec.
35.1. Quarterly expense reports. 35.2. Records maintenance, retention and availability. § 35.1. Quarterly expense reports.
(a) A quarterly expense report is required to be filed as set forth in this section when the total lobbying expenses of a registered principal or registered lobbyist lobbying on the principal's behalf, or both, exceed $500 in a quarterly reporting period.
(b) For a quarterly reporting period in which the total lobbying expenses of a registered principal or registered lobbyist lobbying on the principal's behalf, or both, are $500 or less, a statement to that effect shall be filed with the Commission by checking the appropriate block on the quarterly expense report form.
(c) For purposes of determining whether the reporting threshold has been met, and for filing reports required under sections 1304 and 1305 of the act (relating to registration; and reporting), books and records shall be kept on the same basis the registrant uses for Federal tax purposes. For those registrants who do not file tax returns, books and records shall be kept on a cash basis.
(d) The principal shall file a quarterly expense report or statement of failure to meet the reporting threshold on or before the 30th day after the quarterly reporting period ends.
(e) Pursuant to subsection (n), a lobbyist required to be registered under the act shall file a separate quarterly expense report or a separate amended quarterly expense report if the principal fails to file in accordance with subsection (d) or if, during the reporting period, the lobbyist engaged in lobbying which was not contained in the report filed by the principal represented by the lobbyist. The deadline for filing a separate report shall be the 30th day after the date the principal's related report was filed or due.
(f) Quarterly expense reports, statements of failure to meet the reporting threshold, separate quarterly expense reports by lobbyists and amendments to these shall be filed on forms prescribed by the Commission.
(g) A quarterly expense report of a principal required to be registered under the act shall include the following information:
(1) The name, permanent business address and daytime telephone number of any individual, firm, association, corporation, partnership, business trust or business entity which contributed more than 10% of the total resources received by the principal during the reporting period. ''Total resources'' do not include the purchase, transfer, or ownership of stock in a publicly held corporation.
(2) The names of all lobbyists, registered or unregistered, by whom the lobbying is conducted. If a lobbyist is a firm, association, corporation, partnership, business trust or business entity, its name and the names of the individuals who lobby on behalf of the principal shall be included.
(3) The general subject matter or issue being lobbied, which shall be indicated by checking the appropriate block on the form or completing the category designated ''other.'' The following need not be reported:
(i) A listing indicating which lobbyists are lobbying on which matters.
(ii) The specific bill numbers for which the lobbying is being done.
(iii) The specific contents of any communication or the identity of those with whom the communications take place.
(iv) The contents of privileged communications, such as those between attorney and client or doctor and patient.
(4) A single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying, to be calculated as prescribed by subsection (i).
(5) A single aggregate good faith estimate of the total amount spent for direct communication. In calculating this good faith estimate, any reasonable accounting method may be used.
(6) The total costs for gifts, entertainment, meals, transportation, lodging and receptions, given to or provided to State officials or employes or their immediate families, except that any cost under this paragraph which is of a value not exceeding $10 need not be reported under section 1305(b)(3) of the act. If the same or similar gift, hospitality or transportation or lodging is provided to more than one State official or employe, the aggregate economic value of which is $10 or more, such value shall be included in the appropriate totals reported under section 1305(b)(2) of the act.
(7) A single aggregate good faith estimate of the total amount spent for indirect communication. In calculating this good faith estimate, any reasonable accounting method may be used.
(8) The information required to be disclosed by section 1305(b)(3) of the act, as detailed by subsections (g)(6), (j) and (k).
(h) A registered principal or registered lobbyist that attempts to influence an agency's preparing, bidding, entering into or approving a contract shall ensure that the related expenses are included in calculating the totals referenced by subsection (g)(4)--(7).
(i) The single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying shall include salaries and other forms of compensation, benefits, vehicle allowances, bonuses and reimbursable expenses for those involved in lobbying, and costs for offices, equipment and supplies utilized for lobbying.
(1) In calculating the single aggregate good faith estimate of the total amount spent for personnel and office expenses related to lobbying, any reasonable accounting method may be used.
(2) Reportable personnel costs include costs for lobbying staff, research and monitoring staff, consultants, lawyers, lobbyists, publications and public relations staff, and technical staff, as well as clerical and administrative support staff who engage in lobbying but who are exempt from reporting under section 1306(6) of the act (relating to exemption from registration and reporting).
(3) Compensation, benefits and expenses of any nature shall be included if paid in furtherance of lobbying.
(4) If compensation is to be reported by or for an individual or entity whose lobbying is incidental to regular employment, it shall be sufficient to report a good faith prorated estimate based on the value of the time devoted to lobbying. The time devoted to lobbying shall include:
(i) Research time spent in preparation for lobbying.
(ii) Time spent in direct communication or indirect communication.
(iii) Other time consumed in furtherance of lobbying for which the individual or entity is compensated or reimbursed.
(5) Office expenses shall include, but not be limited to: the rental value of the physical facilities of an office during the period of time used for lobbying, together with additional charges for utilities, telephone usage, fax, insurance, services, furnishings, computers, printers, systems, copiers, fax machines, office supplies, postage and other costs related to the physical facilities and operation of an office during the period of time used for lobbying.
(j) A quarterly expense report shall also identify, by name, position and each occurrence, the State officials or employes, or both, who received from a principal or lobbyist anything of value which must be included in the statement of financial interests under section 1105(b)(6) or (7) of the Ethics Act (relating to statement of financial interests) as implemented by section 1105(d) of the Ethics Act.
(1) For purposes of the act, the amount referred to in section 1105(b)(7) of the Ethics Act shall be considered an aggregate amount per calendar year.
(2) The reporting of the provision of a gift to a State official or employe shall identify:
(i) The name and position of the State official or employe.
(ii) The name and address of the source of the gift.
(iii) The value of the gift.
(iv) The circumstances of the gift, including the nature of the gift.
(3) The reporting of the provision of transportation/lodging/hospitality to a State official or employe in connection with public office or employment shall identify the following:
(i) The name and position of the State official or employe.
(ii) The name and address of the source of the payment.
(iii) The value of the transportation, lodging or hospitality.
(k) For purposes of reporting the value of gifts or transportation, lodging or hospitality to be disclosed under section 1304 or 1305 of the act, or under section 1105(b)(6) or (7) of the Ethics Act:
(1) Gifts and hospitality items that are returned unused to the donor within 30 days of the date of receipt need not be reported.
(2) The valuation of a complimentary ticket to a fundraiser shall be based upon the reasonable amount of the goods or services received by the donee. Such valuation shall not include a political contribution which is otherwise reported as required by law.
(3) The value of gifts, transportation, lodging or hospitality shall equal the costs to the registrant if the items or services to be valued were in fact obtained by the registrant in marketplace transactions.
(4) When paragraph (3) is not applicable, the value of the gifts, transportation, lodging or hospitality shall equal the fair market values as determined by the replacement costs, that is, the costs of purchasing the same or similar items or services in marketplace transactions.
(5) When paragraphs (3) and (4) are not applicable, the registrant may use any reasonable method to determine the value of gifts, transportation, lodging or hospitality, but shall include a detailed explanation of the specific method used.
(6) When more than one individual is benefited incident to an occasion or transaction, the registrant may calculate the value of the gifts, transportation, lodging or hospitality provided to a particular individual by one of the following:
(i) Calculating the actual benefit provided to that individual.
(ii) Dividing the totals of expenditures common to more than one beneficiary including that individual by the number of recipients, and adding the resulting figures (quotients) together with the value of all other gifts, transportation, lodging or hospitality provided to that particular individual.
(iii) Allocating a portion of the total expenditures common to more than one beneficiary to each individual based upon each individual's participation and adding that value to the value of all other gifts, transportation, lodging or hospitality provided to that individual.
(l) The filer of the quarterly expense report or amended quarterly expense report shall give written notice to each public official or employe of the public official's or employe's inclusion in the report within 7 days of the submission of the report to the Commission. The notice shall include the information which will enable the public official or employe to comply with section 1105(b)(6) and (7) of the Ethics Act.
(m) A lobbyist required to be registered under the act shall sign the quarterly expense reports or amended quarterly expense reports submitted by the principals represented to attest to the validity and accuracy of the reports to the best of the lobbyist's knowledge. If the principal is unable to secure the signature of the lobbyist, the principal shall attach an affidavit to such report, setting forth the attempts made and the reasons for the inability to obtain the lobbyist's signature. Such affidavit shall be on a form prescribed by the Commission.
(1) A lobbyist may attach a statement to the quarterly expense report or amended quarterly expense report of any principal, describing the limits of the lobbyist's knowledge concerning the expenditures contained in the report.
(2) Lobbyists' statements as to limitations of knowledge shall be on a form prescribed by the Commission and shall describe the limitations and the reasons for the limitations with specificity.
(n) When a lobbyist is required to file a separate report under subsection (e), the following shall apply:
(1) When more than one lobbyist would be required to file a separate report, they shall have the option of filing the reports jointly.
(i) The joint filing of a separate report does not excuse the various lobbyists involved from the duty to fully comply with the act and this section as to the separate reports.
(ii) All lobbyists joining in a joint report shall sign the report as provided in § 31.10 (relating to filings to be under oath or affirmation).
(2) The deadline for filing any separate quarterly expense report or separate amended quarterly expense report shall be the 30th day after the date the principal's related report was filed.
(3) Separate quarterly expense reports and separate amended quarterly expense reports shall be filed on a form prescribed by the Commission.
(4) A separate quarterly expense report or separate amended quarterly expense report shall contain the identity of the principal for whom the lobbying was performed.
(5) A separate quarterly expense report or separate amended quarterly expense report shall include all information required by section 1305(b)(2), (3) and (7) of the act.
(6) A separate quarterly expense report or separate amended quarterly expense report may include a statement which sets forth, with specificity, the limitations of the lobbyist's knowledge and the reasons for the limitations.
(7) A lobbyist filing a separate quarterly expense report or separate amended quarterly expense report shall promptly provide it to the principal.
(8) A lobbyist filing a separate quarterly expense report or separate amended quarterly expense report shall give written notice to each public official or employe of the public official's or employe's inclusion in the report within 7 days of the submission of the report to the Commission. The notice shall include the information which will enable the public official or employe to comply with section 1105(b)(6) and (7) of the Ethics Act.
§ 35.2. Records maintenance, retention and availability.
(a) A registrant shall maintain records of all lobbying activity.
(1) The Commission may prescribe standardized forms for the records, in which case the forms prescribed by the Commission may be used by all principals and lobbyists required to be registered under the act.
(2) Records of lobbying activity shall be maintained in sufficient detail to enable the registrant to fully comply with the act and this part.
(3) The records shall identify the general subject matter or issue being lobbied. The specific contents of a particular communication, or the identity of those with whom the communications take place, need not be recorded or maintained.
(b) A registrant may keep records of all lobbying activity separate from records of the registrant's non-lobbying activity. A registrant may keep records related to registering and reporting under the act separate from other records relating to lobbying.
(1) Records which integrate both lobbying and non-lobbying activities shall be retained and made available for inspection or audit under this section and Chapter 41 (relating to compliance audits).
(2) An expenditure incurred partially in connection with lobbying may be prorated by any reasonable accounting method, but the method used shall be described in detail in the records maintained as to the expenditure.
(c) A registrant shall retain all documents reasonably necessary to substantiate the reports to be made under section 1304 or 1305 of the act (relating to registration; and reporting) for 4 years from the date of filing of the subject report.
(1) The documents shall include, but not be limited to: books, journals, ledgers, accounts, statements, invoices, bills, vouchers, receipts, charge slips, cancelled checks, payroll check stubs, time sheets, tax returns and related forms, contracts, subcontracts, business diaries and calendars, and other related written or computerized records.
(2) Original source records received by the registrant shall be retained in their original form.
(3) Records prepared by the registrant under this section may be in written or computerized/electronic formats.
(4) Computerized/electronic records shall be maintained to enable the Commission or Office of Attorney General to access in readable form all of the information reasonably necessary to substantiate the registration statements or reports.
(5) Affidavits may be used if actual records are lost, stolen or destroyed through no fault of the registrant, or are otherwise unavailable, and cannot be recreated from other sources. An affidavit shall be as complete and detailed as is reasonably possible, and shall include the specific reasons for the unavailability of the actual records.
(d) Reportable expenditures shall be supported by original source documents to the extent they are available. If an original source document is not available to support a reportable expenditure, the registrant shall upon payment of the expenditure promptly prepare a written voucher, journal entry, or other written or electronic form of record to document the expenditure, which record shall include a notation of the reason an original source document was not available.
(e) The documents and records maintained and retained to substantiate expenditures shall reflect for each reportable item, the following information:
(1) The full names of the payor and payee.
(2) The date of the transaction.
(3) The dates and forms of payments.
(4) The full name and official position of each State official or employe who was a beneficiary, and the amount of the expenditure reasonably attributable to each of them.
(5) The number of immediate family members of a State official or employe, who were beneficiaries, and the amount of the expenditures reasonably attributable to them.
(6) A description of the goods or services or other consideration for which the expenditure was made or incurred.
(f) Contributions of resources which are reportable under section 1305(b)(5) of the act shall upon receipt be promptly documented by the registered principal through the preparation of a written receipt, an entry in a journal maintained by the principal, or other written or electronic form of record.
(g) Documents and records maintained and retained to substantiate contributions of resources reportable under section 1305(b)(5) of the act shall reflect for each reportable item, the following information:
(1) The full names of the donor and donee.
(2) The amount or value and date of the contribution.
(3) In the case of a nonmonetary contribution, a description of the goods, services or other forms of resources provided.
(4) Instructions, directions, conditions, restrictions, limitations or controls provided or imposed by the donor as to the use or disposition of the contribution.
(h) Upon written request by the Office of Attorney General or the Commission, all documents reasonably necessary to substantiate reports made under section 1305 of the act shall be made available for inspection and copying within 30 days.
(1) Either the Office of Attorney General or the Commission may extend this 30-day deadline in connection with its own requests, when circumstances compelling an extended deadline are established.
(2) Computerized/electronic records shall be provided in readable form.
CHAPTER 37. EXEMPTION FROM REGISTRATION AND REPORTING Sec.
37.1. Qualifications for exemption. 37.2. Exempt status. § 37.1. Qualifications for exemption.
The following individuals and activities shall be exempt from registration under section 1304 of the act (relating to registration) and reporting under section 1305 of the act (relating to reporting):
(1) An individual whose lobbying activities are limited to preparing testimony and testifying before a committee of the General Assembly or participating in an agency administrative proceeding.
(2) An individual who is an employe of an entity engaged in the business of publishing, broadcasting or televising while engaged in the gathering and dissemination of news and comment thereon to the general public in the ordinary course of business.
(3) An individual who does not receive any compensation for lobbying, other than travel expenses. For the limited purpose of determining exemption under section 1306(3)(i) of the act (relating to exemption from registration and reporting), the term ''travel expenses'' means reasonable and necessary expenses for transportation, meals, beverages and lodging.
(4) An individual whose compensation for lobbying, from all principals represented, does not exceed $2,500 in the aggregate during any reporting period.
(5) An individual who engages in lobbying on behalf of the individual's employer when the lobbying activity represents less than the equivalent of $2,500 of the employe's time during any reporting period, based on an hourly proration of the employe's compensation.
(6) A principal whose total expenses for lobbying purposes do not exceed $2,500 during any reporting period.
(7) An elected State officer acting in an official capacity.
(8) A State executive officer appointed by the Governor acting in an official capacity.
(9) An elected or appointed official or employe of a political subdivision acting in an official capacity.
(10) An employe of the Commonwealth or an employe or official of an independent agency of the Commonwealth acting in an official capacity.
(11) An individual representing a bona fide church of which the individual is a member and the purpose of the lobbying is solely for the purpose of protecting the constitutional right to the free exercise of religion.
(12) An employe, who is not a registered lobbyist, of a corporation which is registered as a principal under section 1304 of the act; has one or more registered lobbyists; and includes in its reports under section 1305 of the act all of the employe's expenses related to lobbying.
§ 37.2. Exempt status.
(a) As long as a principal or lobbyist qualifies for exemption under section 1306 of the act (relating to exemption from registration and reporting), the principal or lobbyist is not required to register or report under the act, even if total lobbying expenses for a quarterly reporting period exceed $500.
(b) Upon losing exempt status, a principal or lobbyist is immediately subject to the registration and reporting requirements of the act.
(c) A principal is not required to retroactively file reports for quarterly reporting periods prior to the loss of exempt status.
(d) A lobbyist is not required to retroactively sign or file reports for quarterly reporting periods prior to the loss of exempt status.
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