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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY DAVIS, DeLUCA, BRIGGS, FABRIZIO, HESS, HORNAMAN, JOSEPHS, MAHONEY, MILLARD, M. O'BRIEN, SCHRODER, TRUITT, VULAKOVICH, WHITE AND YOUNGBLOOD, MARCH 31, 2011 |
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| REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 31, 2011 |
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| AN ACT |
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1 | Prohibiting the use of taxpayer funds for certain contracts. |
2 | The General Assembly of the Commonwealth of Pennsylvania |
3 | hereby enacts as follows: |
4 | Section 1. Short title. |
5 | This act shall be known and may be cited as the Prohibited |
6 | Contracts Act. |
7 | Section 2. Definitions. |
8 | The following words and phrases when used in this act shall |
9 | have the meanings given to them in this section unless the |
10 | context clearly indicates otherwise: |
11 | "Commonwealth agency." An executive agency, a legislative |
12 | agency, a judicial agency, an independent agency or a State- |
13 | affiliated entity. |
14 | "Executive agency." |
15 | (1) Any of the following: |
16 | (i) The Governor and the departments, boards, |
17 | commissions, authorities and other officers and agencies |
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1 | of the executive branch. |
2 | (ii) The State Treasurer and the Office of the State |
3 | Treasurer. |
4 | (iii) The Auditor General and the Office of the |
5 | Auditor General. |
6 | (iv) The Attorney General and the Office of Attorney |
7 | General. |
8 | (2) The term does not include a judicial agency, |
9 | legislative agency, independent agency, State-affiliated |
10 | entity, State-related institution, political subdivision or |
11 | local, regional or metropolitan transportation authority. |
12 | "Governmental body." A department, authority, commission, |
13 | committee, council, board, bureau, division, service, office, |
14 | officer, administration, legislative body or other establishment |
15 | in the executive, legislative or judicial branch of the |
16 | Commonwealth. |
17 | "Independent agency." Boards, commissions and other agencies |
18 | and officers of the Commonwealth which are not subject to the |
19 | policy supervision and control of the Governor. The term does |
20 | not include an executive agency, judicial agency, legislative |
21 | agency, State-affiliated entity, State-related institution, |
22 | political subdivision or local, regional or metropolitan |
23 | transportation authority. |
24 | "Judicial agency." A court of the Commonwealth or any other |
25 | entity, office or officer of the unified judicial system. The |
26 | term does not include an executive agency, an independent |
27 | agency, legislative agency, State-affiliated entity, State- |
28 | related institution, political subdivision or local, regional or |
29 | metropolitan transportation authority. |
30 | "Legislative agency." |
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1 | (1) Any of the following: |
2 | (i) The Senate and a member thereof. |
3 | (ii) The House of Representatives and a member |
4 | thereof. |
5 | (iii) Another agency or officer of the General |
6 | Assembly. |
7 | (2) The term does not include an executive agency, an |
8 | independent agency, a judicial agency, State-affiliated |
9 | entity, State-related institution, political subdivision or |
10 | local, regional or metropolitan transportation authority. |
11 | "Lobbying." As defined in 65 Pa.C.S. § 13A03 (relating to |
12 | definitions). |
13 | "Lobbying firm." As defined in 65 Pa.C.S. § 13A03 (relating |
14 | to definitions). |
15 | "Lobbyist." As defined in 65 Pa.C.S. § 13A03 (relating to |
16 | definitions). The term shall not include an individual exempt |
17 | from the registration and reporting requirements of 65 Pa.C.S. |
18 | Ch. 13A under 65 Pa.C.S. § 13A06(1), (7), (8) or (10) (relating |
19 | to exemption from registration and reporting). |
20 | "Public funds." Money collected, received or held by, for or |
21 | on account of a governmental body. |
22 | "State-affiliated entity." A Commonwealth authority or |
23 | Commonwealth entity. The term includes the Pennsylvania Turnpike |
24 | Commission, the Pennsylvania Housing Finance Agency, the |
25 | Pennsylvania Municipal Retirement System, the Pennsylvania |
26 | Infrastructure Investment Authority, the State Public School |
27 | Building Authority, the Pennsylvania Higher Educational |
28 | Facilities Authority and the State System of Higher Education |
29 | and any member or officer of the foregoing. The term does not |
30 | include an executive agency, an independent agency, legislative |
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1 | agency, judicial agency, State-related institution, political |
2 | subdivision or local, regional or metropolitan transportation |
3 | authority. |
4 | "State-related institution." The Pennsylvania State |
5 | University, the University of Pittsburgh, Lincoln University and |
6 | Temple University. |
7 | Section 3. Prohibited contracts. |
8 | A Commonwealth agency shall not enter into a contract with, |
9 | or otherwise expend public funds for the services of, a lobbyist |
10 | or lobbying firm in order to lobby another Commonwealth agency. |
11 | A contract entered into in violation of this section after the |
12 | effective date of this section shall be void. |
13 | Section 20. Effective date. |
14 | This act shall take effect immediately. |
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