13A03 - Definitions.

     § 13A03.  Definitions.        The following words and phrases when used in this chapter     shall have the meanings given to them in this section unless the     context clearly indicates otherwise:        "Administrative action."  Any of the following:            (1)  An agency's:                (i)  proposal, consideration, promulgation or            rescission of a regulation;                (ii)  development or modification of a statement of            policy;                (iii)  approval or rejection of a regulation; or                (iv)  procurement of supplies, services and            construction under 62 Pa.C.S. (relating to procurement).            (2)  The review, revision, approval or disapproval of a        regulation under the act of June 25, 1982 (P.L.633, No.181),        known as the Regulatory Review Act.            (3)  The Governor's approval or veto of legislation.            (4)  The nomination or appointment of an individual as an        officer or employee of the Commonwealth.            (5)  The proposal, consideration, promulgation or        rescission of an executive order.        "Affiliated political action committee."  As follows:            (1)  Except as set forth in paragraph (2), a "political        action committee" as defined in section 1621(l) of the act of        June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania        Election Code, which has an officer who:                (i)  must be included in a registration statement            under section 1624(b)(2) and (3) of the Pennsylvania            Election Code; and                (ii)  is:                    (A)  a principal;                    (B)  an officer or an employee of a principal;                    (C)  a lobbyist; or                    (D)  an employee of a lobbyist.            (2)  If an employee of a registrant serves as the officer        of a political action committee in what is clearly a personal        capacity and the goals and mission of that political action        committee clearly have no relationship to the goals and        mission of the registrant, that political action committee        shall not be considered an affiliated political action        committee for the purposes of this definition.        "Agency."  An agency, board, commission, authority or     department of the executive department of the Commonwealth.        "Attorney at law."  An individual admitted to practice law by     a court of record of this Commonwealth.        "Bidder."  As defined in 62 Pa.C.S. § 103 (relating to     definitions).        "Board."  The Disciplinary Board of the Supreme Court of     Pennsylvania.        "Commission."  The State Ethics Commission.        "Compensation."  Anything of value, including benefits,     received or to be received from a principal by one acting as a     lobbyist.        "Contractor."  As defined in 62 Pa.C.S. § 103 (relating to     definitions).        "Department."  The Department of State of the Commonwealth.        "Direct communication."  An effort, whether written, oral or     by any other medium, made by a lobbyist or principal, directed     to a State official or employee, the purpose or foreseeable     effect of which is to influence legislative action or     administrative action. The term may include personnel expenses     and office expenses.        "Economic consideration."  Anything of value offered or     received. The term includes compensation and reimbursement for     expenses.        "Fund."  The Lobbying Disclosure Fund established in section     13A10(b) (relating to registration fees; fund established;     system; regulations).        "Gift."  Anything which is received without consideration of     equal or greater value. The term shall not include a political     contribution otherwise reportable as required by law or a     commercially reasonable loan made in the ordinary course of     business. The term shall not include hospitality, transportation     or lodging.        "Hospitality."  Includes all of the following:            (1)  Meals.            (2)  Beverages.            (3)  Recreation and entertainment.     The term shall not include gifts, transportation or lodging.        "Immediate family."  An individual's spouse, child, parent,     brother, sister and like relative-in-law.        "Indirect communication."  An effort, whether written, oral     or by any other medium, to encourage others, including the     general public, to take action, the purpose or foreseeable     effect of which is to directly influence legislative action or     administrative action.            (1)  The term includes letter-writing campaigns,        mailings, telephone banks, print and electronic media        advertising, billboards, publications and educational        campaigns on public issues.            (2)  The term does not include regularly published        periodic newsletters primarily designed for and distributed        to members of a bona fide association or charitable or        fraternal nonprofit corporation.            (3)  The term may include personnel expenses and office        expenses.        "Legislation."  Bills, resolutions, amendments and     nominations pending or proposed in either the Senate or the     House of Representatives. The term includes any other matter     which may become the subject of action by either chamber of the     General Assembly.        "Legislative action."  An action taken by a State official or     employee involving the preparation, research, drafting,     introduction, consideration, modification, amendment, approval,     passage, enactment, tabling, postponement, defeat or rejection     of:            (1)  legislation;            (2)  legislative motions;            (3)  a veto by the Governor; or            (4)  confirmation of appointments by the Governor or        appointments to public boards or commissions by a member of        the General Assembly.        "Lobbying."  An effort to influence legislative action or     administrative action in this Commonwealth. The term includes:            (1)  direct or indirect communication;            (2)  office expenses; and            (3)  providing any gift, hospitality, transportation or        lodging to a State official or employee for the purpose of        advancing the interest of the lobbyist or principal.        "Lobbying firm."  An entity that engages in lobbying for     economic consideration on behalf of a principal other than the     entity itself.        "Lobbyist."  Any individual, association, corporation,     partnership, business trust or other entity that engages in     lobbying on behalf of a principal for economic consideration.     The term includes an attorney at law while engaged in lobbying.        "Offeror."  As defined in 62 Pa.C.S. § 103 (relating to     definitions).        "Office expense."  An expenditure for an office, equipment or     supplies, utilized for lobbying.        "Personnel expense."  An expenditure for salaries or other     forms of compensation, benefits, vehicle allowances, bonuses and     reimbursable expenses paid to lobbyists, lobbying staff,     research and monitoring staff, consultants, publications and     public relations staff, technical staff, clerical and     administrative support staff and includes individuals who engage     in lobbying but are exempt from reporting under section 13A06     (relating to exemption from registration and reporting). For an     individual for whom lobbying is incidental to regular     employment, the term means a good faith prorated estimate based     on the value of the time devoted to lobbying.        "Principal."  An individual, association, corporation,     partnership, business trust or other entity:            (1)  on whose behalf a lobbying firm or lobbyist engages        in lobbying; or            (2)  that engages in lobbying on the principal's own        behalf.        "Registrant."  A registered lobbyist, registered lobbying     firm or registered principal.        "Regulation."  Any rule, regulation or order in the nature of     a rule or regulation, including formal and informal opinions of     the Attorney General, of general application and future effect,     promulgated by an agency under statutory authority in the     administration of a statute administered by or relating to the     agency or prescribing the practice or procedure before the     agency.        "Reporting period."  Any of the following periods:            (1)  January 1 through March 31.            (2)  April 1 through June 30.            (3)  July 1 through September 30.            (4)  October 1 through December 31.        "State budget process."  The consideration and passage of     acts relating to expenditures of funds and the generation of     revenues by the General Assembly.        "Statement of policy."  The term includes a guideline.        "State official or employee."  An individual elected or     appointed to a position in State government or employed by State     government, whether compensated or uncompensated, who is     involved in legislative action or administrative action.        "Vendor."  Any offeror, bidder or contractor that, for     economic consideration, sells or provides a service or supply or     engages in construction. The term does not include an attorney     at law, a lobbyist or a lobbying firm.        Cross References.  Section 13A03 is referred to in sections     1102, 13A07 of this title.