51 Pa. Code § 51.1
The following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
Act—65 Pa.C.S. Chapter 13A (relating to lobbying disclosure).
Administrative action—The term includes one or more of the following:
(v) The proposal, consideration, promulgation or rescission of an executive order.
Affiliated political action committee—
(i) Includes a ‘‘political action committee’’ as defined in section 1621(l) of the Election Code (25 P. S. § 3241(l)), which has an officer who:
(B) Is one or more of the following:
(iii) 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, the political action committee will not be considered an affiliated political action committee.
Agency—The term includes the following:
(ii) Any Commonwealth:
(D) Authority.
Amendment—The term means a change in any filing including:
(i) Any change in the information required for the registration statement under section 13A04(b) and (c) of the act (relating to registration) including any changes in the relationships between principals, lobbying firms and lobbyists such as:
(iv) Any change in the information required for a notice of termination under section 13A04(e) of the act. See also § 53.6(d) (relating to termination) on amending a notice of termination.
Anything of value—
(ii) The term includes any of the following:
(G) Money.
Association—
(iii) The term does not include a testamentary trust or an inter vivos trust as defined in 20 Pa.C.S. § 711(3) (relating to mandatory exercise of jurisdiction through orphans’ court division in general).
Attorney at law—An individual admitted to practice law by a court of record of the Commonwealth.
Audit period—A time span of the previous calendar year.
Bidder—As defined in 62 Pa.C.S. § 103 (relating to definitions).
Board—The Disciplinary Board of the Supreme Court of Pennsylvania.
Candidate—Any candidate for State office, as defined in section 1621(a) of the Election Code.
Candidate political committee—A ‘‘candidate’s political committee’’ as defined in section 1621(m) of the Election Code, and a candidate’s political action committee (PAC) which includes any political committee formed by or on behalf of a specified candidate or authorized by the candidate.
Child—The term includes adopted and biological children.
Commonwealth business day—The time from midnight to the next midnight on a day when the Commonwealth offices are open.
Commission—The State Ethics Commission of the Commonwealth.
Compensation—Anything of value, including benefits, received or to be received from a principal by one acting as a lobbyist.
Complaint—A complaint on a form prescribed by the Commission, or the equivalent of the form, which is signed and sworn under penalty of perjury and which otherwise meets, to the extent applicable, the criteria for complaints as defined under § § 11.1 and 21.1 (relating to definitions; and complaints).
Conflict of interest—When, during a given session of the General Assembly one of the following occurs:
(ii) The representation of one or more principals is materially limited by the lobbying firm’s or lobbyist’s responsibilities to another principal, a previous principal or a third person or by a personal interest of the lobbyist.
Contractor—As defined in 62 Pa.C.S. § 103.
Department—The Department of State of the Commonwealth.
Direct communication—An effort, whether written, oral or by another medium, made by a lobbyist, lobbying firm 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.
Docket—The term includes the official listing of entries to the record of a matter before the Commission, and the initial, official assignment of a file number to a matter before the Commission; or the entry of an item on the record of a matter before the Commission.
Economic consideration—
(ii) The term includes compensation and reimbursement for expenses.
Effort to influence legislative action or administrative action—Any attempt to initiate, support, promote, modify, oppose, delay or advance a legislative action or administrative action on behalf of a principal for economic consideration.
(ii) Monitoring of legislation, monitoring of legislative action or monitoring of administrative action is not lobbying. However, for an individual or entity that is not exempt, the costs of monitoring are subject to the reporting requirements of the act when the monitoring occurs in connection with activity that constitutes lobbying.
Election Code—The Election Code (25 P. S. § § 2600—3591).
Employee—An individual from whose wages an employer is required under the Internal Revenue Code (26 U.S.C.A.) to withhold Federal Income Tax. For the limited purpose of determining exemption under section 13A06(2) of the act (relating to exemption from registration and reporting), the term ‘‘employee’’ includes an ‘‘independent contractor’’ under the Internal Revenue Code, when the employee engages in the activity of gathering, commenting on and disseminating the news.
Engaging a lobbyist—Contracting in any form with a lobbyist or lobbying firm for lobbying on behalf of a principal for economic consideration.
Engaging in lobbying—Any act by a lobbyist, lobbying firm or principal that constitutes an effort to influence legislative action or administrative action in this Commonwealth, as defined in the definition of ‘‘lobbying’’ in section 13A03 of the act (relating to definitions).
Entity—
(ii) The term includes, but is not limited to, a governmental unit.
Ethics Act—65 Pa.C.S. § § 1101—1113 (relating to Public Official and Employee Ethics Act).
Filed—Registration statements, reports and other official statements or papers under the act are filed on the date they are received at the Department office whether filed electronically or delivered by United States mail, express carrier or hand-delivery. Documents filed with the Commission under the act are deemed filed on the date they are received at the Commission office whether filed electronically or delivered by United States mail, express carrier or hand-delivery or by fax.
Fund—The Lobbying Disclosure Fund established in section 13A10(b) of the act (relating to registration fees; fund established; system; regulations).
Gift—
(ii) The term does not include any of the following:
(C) Hospitality, transportation or lodging.
Hospitality—
(i) The term includes the following:
(ii) The term does not include:
(B) Transportation or lodging.
Immediate family—An individual’s spouse, child, parent, brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law and daughter-in-law.
Indirect communication—
(iv) The term may include personnel expenses and office expenses.
Intentional—The term has the meaning set forth in 18 Pa.C.S. § 302(b) (relating to general requirements of culpability).
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 legislative action by either chamber of the General Assembly. Any other matter includes:
(ii) Any bills, resolutions, amendments and nominations pending or proposed by any State official or employee.
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 any of the following:
(iv) Confirmation of appointments by the Governor or of appointments to public boards or commissions by a member of the General Assembly.
Lobbying—
(ii) The term includes the following:
(C) Providing any gift, hospitality, transportation or lodging to a State official or employee for the purpose of advancing the interest of the lobbyist, lobbying firm or principal.
Lobbying firm—An entity that engages in lobbying for economic consideration on behalf of a principal other than the entity itself.
Lobbyist—An 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. Membership in an association alone is not sufficient to make an association member a lobbyist.
Marketplace transaction—Includes the costs for:
(ii) Services. The hourly or piecemeal charge for the services at a commercially reasonable rate prevailing at the time the services were rendered.
Materially correct—Being free from material misstatements, as it is used in section 13A08(f)(3) (relating to administration) of the act and in § 61.2(a) (relating to scope of compliance audits).
Negligence—The absence of ordinary care that a reasonably prudent person would exercise in the same or similar circumstances.
Offeror—As defined in 62 Pa.C.S. § 103.
Office expense—An expenditure for an office, equipment or supplies utilized for lobbying.
Person—Includes a corporation, partnership, limited liability company, business trust, other association, government entity, estate, trust, foundation or natural person.
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, lawyers, 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 of the act. 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.
Political subdivision—The term as defined in section 1102 of the Ethics Act (relating to definitions).
Principal—
(ii) Membership in an association alone is not sufficient to make an association member a principal.
Reception—
(iv) This definition will not be interpreted as eliminating the obligation of the principal, lobbying firm or lobbyist to maintain records for purposes of disclosing total hospitality expenses in quarterly expense reports.
Registrant—A registered lobbyist, registered lobbying firm or a 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.
Regulatory Review Act—71 P. S. § § 745.1—745.12.
Reporting period—Any of the following periods:
(iv) October 1 through December 31.
Respondent—The subject of a complaint, notice of alleged noncompliance, investigation or formal proceeding before the Commission.
Service (of official papers)—Official papers are deemed served by the Commission, or by a division thereof, on the date of mailing if delivered by United States mail; the pickup date if delivered by express carrier; or the date received from the Commission if hand-delivered.
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, as defined in 1 Pa. Code § 1.4 (relating to definitions).
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.
Sua sponte—Being done on one’s own volition.
Termination—That point in time when the registration of a lobbyist, lobbying firm or principal ends in this Commonwealth, as provided at section 13A04(e) of the act.
Total resources—
(ii) The term includes dues and grants received by the principal.
Transportation and lodging or hospitality received in connection with public office or employment—Transportation, lodging or hospitality received in the course of, or incident to, the performance of official duties or responsibilities, or received on the basis of the status of the recipient as a public official or employee or State official or employee as those terms are defined under the Ethics Act or the act, respectively.
Vendor—
This section cited in 51 Pa. Code § 63.2 (relating to Commission proceedings regarding prohibited activities under section 13A07 of the act).