PRINTER'S NO. 348
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
188
Session of
2015
INTRODUCED BY TEPLITZ, HUTCHINSON, GREENLEAF, BREWSTER,
VULAKOVICH, TARTAGLIONE, COSTA, VANCE, VOGEL, FOLMER,
RAFFERTY AND WARD, FEBRUARY 11, 2015
REFERRED TO STATE GOVERNMENT, FEBRUARY 11, 2015
AN ACT
Prohibiting the use of taxpayer funds for certain contracts.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Prohibited
Contracts Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commonwealth agency." An executive agency, a judicial
agency, a legislative agency, an independent agency or a State-
affiliated entity.
"Executive agency."
(1) Any of the following:
(i) The Governor and the departments, boards,
commissions, authorities and other officers and agencies
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
of the executive branch.
(ii) The State Treasurer and the Office of the State
Treasurer.
(iii) The Auditor General and the Office of the
Auditor General.
(iv) The Attorney General and the Office of Attorney
General.
(2) The term does not include a judicial agency,
legislative agency, independent agency, State-affiliated
entity, State-related institution, political subdivision or
local, regional or metropolitan transportation authority.
"Governmental body." A department, authority, commission,
committee, council, board, bureau, division, service, office,
officer, administration, legislative body or other establishment
in the executive, judicial or legislative branch of the
Commonwealth.
"Independent agency." Boards, commissions and other agencies
and officers of the Commonwealth which are not subject to the
policy supervision and control of the Governor. The term does
not include an executive agency, judicial agency, legislative
agency, State-affiliated entity, State-related institution,
political subdivision or local, regional or metropolitan
transportation authority.
"Judicial agency." A court of the Commonwealth or any other
entity, office or officer of the unified judicial system. The
term does not include an executive agency, a legislative agency,
an independent agency, a State-affiliated entity, a State-
related institution, a political subdivision or a local,
regional or metropolitan transportation authority.
"Legislative agency."
20150SB0188PN0348 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) Any of the following:
(i) The Senate and a member thereof.
(ii) The House of Representatives and a member
thereof.
(iii) Another agency or officer of the General
Assembly.
(2) The term does not include an executive agency, a
judicial agency, an independent agency, a State-affiliated
entity, a State-related institution, a political subdivision
or a local, regional or metropolitan transportation
authority.
"Lobbying." As defined in 65 Pa.C.S. § 13A03 (relating to
definitions).
"Lobbying firm." As defined in 65 Pa.C.S. § 13A03 (relating
to definitions).
"Lobbyist." As defined in 65 Pa.C.S. § 13A03 (relating to
definitions). The term shall not include an individual exempt
from the registration and reporting requirements under 65
Pa.C.S. § 13A06(1), (7), (8) or (10) (relating to exemption from
registration and reporting).
"Public funds." Money collected, received or held by, for or
on account of a governmental body.
"State-affiliated entity." A Commonwealth authority or
Commonwealth entity. The term includes the Pennsylvania Turnpike
Commission, the Pennsylvania Housing Finance Agency, the
Pennsylvania Municipal Retirement System, the Pennsylvania
Infrastructure Investment Authority, the State Public School
Building Authority, the Pennsylvania Higher Educational
Facilities Authority and the State System of Higher Education
and any member or officer of the foregoing. The term does not
20150SB0188PN0348 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
include an executive agency, a judicial agency, a legislative
agency, an independent agency, a State-related institution, a
political subdivision or a local, regional or metropolitan
transportation authority.
"State-related institution." The Pennsylvania State
University, the University of Pittsburgh, Lincoln University and
Temple University.
Section 3. Prohibited contracts.
A Commonwealth agency shall not enter into a contract with,
or otherwise expend public funds for the services of, a lobbyist
or lobbying firm in order to lobby another Commonwealth agency.
A contract entered into in violation of this section after the
effective date of this section shall be void.
Section 4. Effective date.
This act shall take effect immediately.
20150SB0188PN0348 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15