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The President's Message
by Peter Calcara
 The Lobbying Disclosure Regulations Hail Mary
Watching developments unfold at the February 26th public hearing of the Independent Regulatory Review Commission (IRRC) was like watching your team lose on a Hail Mary pass after it lead the opposing team for the entire game.
Disapproval of the revised final-form Lobbying Disclosure Regulations re-submitted by the Lobbying Disclosure Regulations Committee (LDRC) seemed once again to be a pretty good bet. Only last November, IRRC voted 3 to 1 to disapprove (1 Abstention) the originally-submitted final-form regulations on the grounds that they exceeded the
statutory authority of the Lobbying Disclosure Act (Act 134) by requiring registration and reporting when a lobbyist or lobbying firm was paid economic consideration by a principal and took no further action.
PAGR asserted in writing via letter dated February 23, 2009, and IRRC staff agreed at the hearing, the revised final-form regulations were not adequately aligned with the language of Act 134 and, therefore, disapproval was in order. Moreover, as we well know, staff recommendations are rejected by the IRRC Commissioners about once every other millennium!
Attorney General Tom Corbett testified before IRRC, urging that the revised regulations “move forward.” General Corbett's last minute testimony in support of the revised final-form regulations was clearly the game-changer, though it did not seem so at the time. When questioned by IRRC Commissioner John Mizner - a strong opponent of the originally-submitted final-form regulations back in November - General Corbett went so far to say, that he was prepared to defend the regulation, and would do so in court if need be!
It is worth noting that as a matter of law, it is the duty of the Attorney General to uphold and defend the constitutionality of all statutes as well as to represent the Commonwealth and all Commonwealth agencies in any legal action brought against the Commonwealth or its agencies. In light of this fact, General Corbett was not going too far out on a limb when he told IRRC that he would defend Act 134 and its regulations. It is unfortunate that this fact was lost on IRRC Commissioner John Mizner as well as Harrisburg's top-notch reporting community.
In testimony provided by PAGR representatives Judy Eschberger, past president and current board member, Michael Shields, PAGR counsel, and me, we urged IRRC to disapprove the revised final-form regulations. Our message, which PAGR has consistently articulated, is that the regulations go beyond the statutory authority found in Act 134 - an interpretation consistent with that of IRRC staff: The language found in the revised final-form regulations continued to exceed the plain reading of the statute. Attorney General Corbett's testimony notwithstanding, as the IRRC Commissioners prepared to vote on the revised final-form regulations, disapproval still seemed a good bet. IRRC Chairman Arthur Coccodrilli, who voted to approve the originally-submitted final-form regulations in November, announced that he had a change of heart and concluded that the revised final-form regulations fell outside the scope of Act 134 and as such, he was going to vote to disapprove.
Then the Hail Mary pass was thrown! IRRC Commissioner John Mizner, apparently was so swayed by Attorney General Corbett's promise to defend Act 134 and its regulations in court, that he said he was going to vote to Approve the revised final-form regulations. The tide had turned. The pass was in the air and the clock read 0:00!
Newly-appointed IRRC Commissioner George Bedwick and IRRC Commissioner Karen Miller capitulated and followed IRRC Commissioner John Mizner's lead and stated they also intended to vote to approve the revised final-form regulations. Pass completed in the end zone! Game over! PAGR loses! The final vote was as follows: 3 votes to approve, 1 vote to disapprove with 1 abstention by IRRC Commissioner Nancy Frantz.
IRRC's decision to Approve the revised final-form regulations came as a shock to myself, Judy and Michael and, needless to say, we were, and are, extremely disappointed in IRRC's decision. Despite our coming up short in the end, I am proud to say that throughout this long process, which started about 18 months ago, PAGR had maintained a credible, consistent voice for our members and our profession. At every point in the process, PAGR offered constructive, consistent and legally cogent comments and suggestions for the LDRC and IRRC to consider.
So you must be asking yourself the question: What is next?
The LDRC is now required under Act 134 to prepare and publish a user's manual setting forth guidelines for accounting and reporting. This manual will offer added guidance and provide real-world examples for the regulated community to follow when reporting expenses for lobbying activities as well as gifts, hospitality, transportation or lodging to the Department of State.
Also, at our April 6th membership luncheon, we have invited representatives from the Department of State to give a brief presentation discussing the approved revised final-form Regulations. There will also be a short "Questions & Answers" period following the presentation. This presentation will likely be the first in a series of educational outreach efforts by PAGR so that our members can get a better understanding of Act 134 and its accompanying Regulations. Hope to see you all on April 6th.
Important 2009 Dates
Monday, April 6 - Membership Meeting
Thursday, May 7 - Board Meeting
Monday, June 1 - Membership Meeting
Thursday, July 9 - Board Meeting
Thursday, Sept 3 - Board Meeting
Monday, Oct 5 - Membership Meeting
Thursday, Nov 5 - Board Meeting
Monday, Dec 7 - Membership Meeting
Membership meetings are held 11:30 am—12:30 pm on the 3rd floor of the Firehouse Restaurant, Harrisburg, except on December 7.
ATTENTION MEMBERS: Order your 2009/2010 Legislative Directories today through PAGR.
The Pennsylvania Chamber of Business & Industry’s convenient, pocket-size quick reference is available to all PAGR members for just $7.50 a copy.
There’s no minimum to buy. Order 1, 10 or 100 and it’s just $7.50 a copy! (Non-members may order for $12.50 per copy)
The cover of the directory will feature a beautiful full-color photo of the capitol and the PAGR logo.
Please send in orders by January 31, 2009.
Please click here to download an order form (PDF) and return to PAGR prior to January 31, 2009.
PO Box 116, Harrisburg, PA 17108-0116
(ph) 717-540-4391
(fax) 717-657-9708
(email) info@pagr.org
Meeting Notice
Monday April 6, 2009
11:30—1:00 pm
Firehouse Restaurant
Third Floor
606 N. 2nd Street
Harrisburg
THIS IS A MEMBERS-ONLY EVENT!
You must have your 2009 Dues paid to attend.
ALL MEMBERS ARE FREE!
PLEASE RSVP BY April 3 TO
717-540-4391 OR INFO@PAGR.ORG.
THANK YOU.
2009 Board of Directors
Officers
President...............................Peter Calcara
Vice President..........Brinda Carroll Penyak
Secretary................................Gregg Taylor
Treasurer..............................Mark Richards
Board of Directors
Association...............................Brian Barno
Corporate..................................Kris Snader
Lawyer.......................................Tony Crisci
Independent......................Robert Archibald
At Large....................................Ted Mowatt
At Large............................Judy Eschberger
Immediate Past President
Andrew Hilt
Executive Director
Christine Corrigan
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