DEPARTMENT OF STATE [4 PA. CODE CH. 177] Campaign Finance Forms [30 Pa.B. 1255] The Department of State (Department), Bureau of Commissions, Elections and Legislation (Bureau) proposes to amend § 177.9 (relating to official forms), to read as set forth in Annex A.
This proposal revises the references to four of the six existing forms in the current regulation and adds references to two additional forms, which have been in use since 1980 but never incorporated by reference in the regulation. The Department has modernized all the campaign finance forms that will ease documentation for the filers. Additionally, the regulation incorporates a provision announcing that reports may be filed on diskette.
Although the existing forms are included in the current regulation, the Department proposes to delete the forms from the regulation to comply with Rule 2.10(a) of the Pennsylvania Code and Bulletin Style Manual, which recommends that the forms be referenced in regulations rather than adopted in regulations. The information required to be reported continues to exist in Chapter 177.
While the new forms will be sent to all candidates and political committees for reporting during the 2000 elections, the Department will allow candidates and political committees to continue to file the current forms during the 2000 election year.
Statutory Authority
The Secretary of the Department (Secretary) has the authority to promulgate regulations on reporting forms under section 201(a) of the act of June 3, 1937 (P. L. 1333, No. 320) (25 P. S. § 2621(a)).
Description of Proposed Revisions
A. Reports by Candidates, Political Committees and Other Persons
The titles of Forms DSEB-502 and DSEB-503 were changed from Campaign Expense to Campaign Finance because the report includes not only campaign expenses but also receipts, contributions, in-kind contributions and unpaid debts. The statement includes both receipts and disbursements.
The Secretary also proposes to revise the reference to two additional forms that have been in use since the regulation was last promulgated in 1980:
(1) Form DSEB-504 (Contributions By Nonbid Contract Recipients).
(2) Form DSEB-505 (Independent Expenditure Report).
Finally, a reference is added to § 177.9 to indicate that reports will be accepted on diskette as long as it meets the technical specifications of the Department.
B. Forms of Reports by Candidates, Political Committees and Other Persons
Copies of all of these forms and the technical specifications for diskette filing are available from the Bureau, 302 North Office Building, Harrisburg, PA 17120. The Secretary proposes to delete from the regulation copies of the forms. Executive Order 1996-1 directs that agencies eliminate unnecessary regulatory provisions. The forms themselves are nonregulatory documents and do not impose any additional duties or liabilities on the general public or on the political committees that file reports. Furthermore, the Legislative Reference Bureau recommends that forms not be adopted in the Code and Bulletin but be referred to in regulations. See § 2.10 of the Pennsylvania Code and Bulletin Style Manual.
Fiscal Impact
This proposal would have no measurable fiscal impact on the Commonwealth, its political subdivisions or the private sector because the Commonwealth charges no fees for filing these reports. The Commonwealth will continue to charge a nominal fee for photocopies of the reports. However, reports will be made available on the Department's web page. Therefore, individuals with access to the Internet would no longer need to pay to obtain copies of the campaign finance reports.
Paperwork Requirements
Although this proposal requires the Department to revise its campaign finance reporting forms, these amendments would not create new paperwork for other agencies of the Commonwealth. As in the past, county boards of elections will be required to reproduce and distribute the forms prescribed by the Secretary to local candidates and political committees.
Regulatory Review
On February 22, 2000, as required by section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Department submitted copies of this notice of proposed rulemaking to the Independent Regulatory Review Commission (IRRC), the Senate Standing Committee on State Government and the House Standing Committee on State Government. The Department also provided IRRC and the Committees with copies of a regulatory analysis form prepared by the Department in compliance with Executive Order 1996-1 (relating to regulatory review and promulgation). Copies of the regulatory analysis form are available to the public upon request.
If IRRC has objections to any portion of this proposal, it will notify the Department within 10 days after the close of the Committees' review period, specifying the regulatory review criteria that have not been met. The Regulatory Review Act sets forth procedures for review, prior to final adoption of the amendment, by IRRC, the General Assembly and the Governor of objections raised.
Public Comment
The Department invites interested persons to submit written comments, suggestions or objections regarding this proposal to Mary S. Heinlen, Director of Campaign Finance, Bureau of Commissions, Elections and Legislation, Department of State, 302 North Office Building, Harrisburg, PA 17120, within 30 days following publication of this notice of proposed rulemaking in the Pennsylvania Bulletin.
KIM PIZZINGRILLI,
Secretary of the CommonwealthFiscal Note: 16-22. No fiscal impact; (8) recommends adoption.
Annex A TITLE 4. ADMINISTRATION PART VIII. BUREAU OF LEGISLATION, COMMISSIONS AND ELECTIONS Subpart D. ELECTIONS CHAPTER 177. REPORTS BY CANDIDATES, POLITICAL COMMITTEES AND OTHER PERSONS § 177.9. Official forms.
(a) The following official forms have been promulgated under [the provisions set forth in] this chapter.
* * * * * (3) Form DSEB-502 (Campaign [Expense] Finance Report).
(4) Form DSEB-503 (Campaign [Expense] Finance Statement).
(5) Form DSEB-504 (Contributions By Nonbid Contract Recipients).
(6) Form DSEB-505 (Independent Expenditure Report).
(b) The Department also accepts campaign finance reports on diskette in lieu of a paper report as long as it meets the technical specifications of the Department and is accompanied by a cover page and signed affidavit.
(c) A copy of the technical specifications and approved list of vendors can be obtained by accessing the Department's website at www.dos.state.pa.us or contacting the Bureau at (717) 787-5280.
(Editor's Note: The Department is proposing to delete the forms which appear following this section in the Pennsylvania Code on pages 177-9--177-22 (serial pages (201059)--(201072).)
[Pa.B. Doc. No. 00-376. Filed for public inspection March 3, 2000, 9:00 a.m.]
