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HomeMy WebLinkAbout094-SL PA Associated Builders and Contractors, Inc. In Re: PA Associated Builders and : File Docket: 15-006-L Contractors, Inc., : X-ref: Order No. 094-SL Respondent : Date Decided: 10/7/15 : Date Mailed: 10/23/15 Before: Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Roger Nick Kathryn Streeter Lewis Maria Feeley Melanie DePalma This is a final adjudication of the State Ethics Commission as to the alleged delinquency and/or deficiency of expense report(s) required to be filed pursuant to Pennsylvania’s lobbying disclosure law, 65 Pa.C.S. § 13A01 et seq., hereinafter referred to as the “Lobbying Disclosure Law.” The Investigative Division initiated these proceedings by filing with the State Ethics Commission and serving upon Respondent PA Associated Builders and Contractors, Inc. (hereinafter also referred to as “Respondent”) a Notice of Alleged Noncompliance. On March 25, 2015, a Stipulation of Findings and Consent Agreement were submitted by the parties to the Commission for consideration. That Consent Agreement was rejected. On June 18, 2015, the parties submitted another Stipulation of Findings and Consent Agreement to the Commission for consideration. The Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement filed June 18, 2015, has been approved. I.ALLEGED NONCOMPLIANCE: That Respondent, in its capacity as a principal registered with the Pennsylvania Department of State pursuant to the Pennsylvania Lobbying Disclosure Law (65 Pa.C.S. § 13A04), negligently failed to timely file a quarterly expense report rd pursuant to 65 Pa.C.S. § 13A05, for the third (3) quarter of 2014. II.FINDINGS: 1. Respondent is PA Associated Builders and Contractors, Inc. (“Respondent”) and is a registered principal as that term is defined by the Pennsylvania Lobbying Disclosure Law (“Lobbying Disclosure Law”), Act 134 of 2006, 65 Pa.C.S. § 13A01, et seq. a. Respondent initially registered as a principal with the Department of State on April 20, 2007, for the registration period January 1, 2007, through December 31, 2008. b. Respondent’s registration statement indicates that lobbying commenced on March 8, 2007. 2. Respondent filed a principal registration statement with the Pennsylvania PA Associated Builders and Contractors, Inc., 15-006-L Page 2 Department of State for the registration period January 1, 2013, through December 31, 2014. a. By registering with the Department of State, Respondent consented to receive service of notices, other official mailings, or process at the address listed on the registration statement. b. Respondent was assigned the principal registration number “P02718.” c. In filing its principal registration, Respondent identified its registered mailing address as: 135 Shellyland Road Rapho Business Park Manheim, PA 17545 d. Keystone Chapter - Associated Builders and Contractors, Inc. was a registered principal as that term is defined by the Lobbying Disclosure Law for the 2013-2014 registration period, and was assigned principal registration number P03950. 1. On January 29, 2015, a Notice of Alleged Noncompliance, naming Keystone Chapter - Associated Builders and Contractors, Inc. as a Respondent, was filed with the State Ethics Commission for failure to rd file a third (3) quarter 2014 expense report pursuant to the Lobbying Disclosure Law; this matter was docketed with the State Ethics Commission as docket number 15-003-L. e. Both principals, Respondent PA Associated Builders and Contractors, Inc. (P02718) and Keystone Chapter – Associated Builders and Contractors, Inc. (P03950), are managed by the same entity, the Keystone Chapter of the Associated Builders & Contractors, located in Manheim, Pennsylvania. f. The registered mailing address for both Respondent PA Associated Builders and Contractors, Inc. (P02718) and Keystone Chapter – Associated Builders and Contractors, Inc. (P03950), as listed on their principal registration statements, is 135 Shellyland Road, Rapho Business Park, Manheim, PA 17545. 1. Both principals, Respondent PA Associated Builders and Contractors, Inc. (P02718) and Keystone Chapter – Associated Builders and Contractors, Inc. (P03950), are housed in the same location. g. The section for filer information on the principal registration statements for both principals lists the same individual who filed the registration statements for both principals. 3. The Lobbying Disclosure Law, specifically 65 Pa.C.S. § 13A04, states the following regarding the registration of an entity as a principal: § 13A04. Registration a. General rule.-- Unless excluded under section 13A06 (relating to exemption from registration and reporting), a lobbyist, lobbying firm or a principal must PA Associated Builders and Contractors, Inc., 15-006-L Page 3 register with the department within ten days of acting in any capacity as a lobbyist, lobbying firm or principal. Registration shall be biennial and shall begin January 1, 2007. b. Principals and lobbying firms.-- 1. A principal or lobbying firm required to register under subsection (a) shall file a single registration statement setting forth the following information with the department: i. Name. ii. Permanent address. iii. Daytime telephone number. iv. E-mail address, if available. v. Name and nature of business. vi. Name, registration number and acronym of any affiliated political action committees. vii. Name and permanent business address of each individual who will for economic consideration engage in lobbying on behalf of the principal or lobbying firm. viii. Registration number when available. **** d. Amendments.-- 1. If there is a change of information required for the registration statement under subsection (b)(1) or (2) or (c), an amended registration statement shall be filed with the department within 14 days after the change occurs. 2. When there is a change in information required for the registration statement under subsection (b)(3), an amended registration statement shall be filed with the department within 14 days of the end of the year in which the change occurs. 65 Pa.C.S. § 13A04(a), (b)(1), (d). 4. In addition to the Lobbying Disclosure Law, the duly promulgated Regulations provide further information in relation to registration periods and reporting periods: § 51.3. Registration periods and reporting periods. a. Registration under section 13A04 of the act (relating to registration) shall be biennial. The first registration period which commenced January 1, 2007, continues through December 31, 2008. Subsequent registrations shall commence on January 1 of each odd numbered year. 51 Pa. Code § 51.3(a). 5. Section 13A05 of the Lobbying Disclosure Law sets forth, in part, the following requirements for the contents of quarterly reporting forms filed by principals. § 13A05. Reporting PA Associated Builders and Contractors, Inc., 15-006-L Page 4 (a) General rule.-- A registered principal shall, under oath or affirmation, file quarterly expense reports with the department no later than 30 days after the last day of the quarter. (b) Content.-- (1) Each expense report must list the names and registration numbers when available of all lobbyists by whom lobbying is conducted on behalf of the principal and the general subject matter or issue being lobbied. (2) Each expense report shall include the total costs of all lobbying for the period. The total shall include all office expenses, personnel expenses, expenditures related to gifts, hospitality, transportation and lodging to State officials or employees, and any other lobbying costs. The total amount reported under this paragraph shall be allocated in its entirety among the following categories: (i) The costs for gifts, hospitality, transportation and lodging given to or provided to State officials or employees or their immediate families. (ii) The costs for direct communication. (iii) The costs for indirect communication. (iv) Expenses required to be reported under this subsection shall be allocated to one of the three categories listed under this section and shall not be included in more than one category. 65 Pa.C.S. § 13A05(a), (b)(1)-(2). 6. In addition to the Lobbying Disclosure Law, the duly promulgated Regulations provide further instructions in relation to registration periods and reporting periods: § 51.3. Registration periods and reporting periods. (b) Reporting under section 13A05 of the act (relating to reporting) shall be quarterly within each calendar year: for January through March; April through June; July through September; and October through December. Quarterly expense reports shall be filed on or before the 30th day after the quarterly reporting period ends. 51 Pa. Code § 51.3(b). 7. As a principal, Respondent is required to file, under oath or affirmation, quarterly expense reports with the Department of State no later than thirty (30) days after the last day of the quarter. 8. Section 13A05 of the Lobbying Disclosure Law additionally sets forth the threshold with regard to reporting expenditures: (d) Thresholds for reporting.-- An expense report required under this section shall be filed when total expenses for lobbying PA Associated Builders and Contractors, Inc., 15-006-L Page 5 exceed $2,500 for a registered principal in a reporting period. In a reporting period in which total expenses are $2,500 or less, a statement to that effect shall be filed. 65 Pa.C.S. § 13A05(d). 9. Section 13A03 of the Lobbying Disclosure Law defines the following terms: “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. “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. “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. “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. 65 Pa.C.S. § 13A03. 10. As a registered principal, Respondent is required to file quarterly expense reports with the Department of State. a. All lobbying expenses incurred by Keystone Chapter – Associated Builders and Contractors, Inc. (P03950) and Respondent PA Associated Builders and Contractors, Inc. (P02718), since the first quarter of 2008, have been reported on expense reports filed pursuant to the registration associated with Keystone Chapter – Associated Builders and Contractors, Inc. (P03950). b. All expense reports filed pursuant to registration number P02718, associated with Respondent PA Associated Builders and Contractors, Inc., since the first quarter of 2008, reflect no lobbying expenses incurred during each reporting period by Respondent PA Associated Builders and Contractors, PA Associated Builders and Contractors, Inc., 15-006-L Page 6 Inc. (P02718). c. Respondent PA Associated Builders and Contractors, Inc. did not file a third rd (3) quarter 2014 expense report by October 30, 2014. 11. The Regulations promulgated under the Lobbying Disclosure Law specifically provide the following in relation to a delinquent filing: § 51.4. Delinquency. (a) A registration statement or report required to be filed under section 13A04 or 13A05 of the act (relating to registration; and reporting) is delinquent if not received by the Department on the date due as follows: (1) Hard copy filings must be received by 5 p.m. in the office. For quarterly expense reports, from 5 p.m. until 12 a.m. midnight, a hard copy filing may be filed with the Department's designee. The filing location and the Department's designee will be on the Department's web site. (2) Electronic filings may be filed until 12 a.m. midnight. (b) A failure to timely file a registration statement, a quarterly expense report, a separate expense report, a notice of termination or an amendment to one of these filings constitutes a failure to register or report as required by the act; delinquency continues until the filing is received by the Department in proper form. 51 Pa. Code § 51.4(a)-(b). 12. \[In relation\] to the filing requirements of quarterly expense reports, the Regulations read, in part: § 55.1. Quarterly expense reports. (a) A quarterly expense report is required to be filed as set forth in this section when the total lobbying expenses of a registered principal, registered lobbying firm or registered lobbyist lobbying on the principal's behalf, together, exceed $2,500 in a quarterly reporting period. The threshold of $2,500 includes any economic consideration paid by a principal to a lobbying firm or lobbyist for lobbying. Individuals exempt under section 13A06 of the act (relating to exemption from registration and reporting) need not register or report. (b) For a quarterly reporting period in which the total lobbying expenses of a registered principal, registered lobbying firm or registered lobbyist lobbying on the principal's behalf, together, are $2,500 or less, a statement to that effect shall be filed with the Department by checking the appropriate block on the quarterly expense report form. **** PA Associated Builders and Contractors, Inc., 15-006-L Page 7 (d) The principal shall file a quarterly expense report or statement of failure to meet the reporting threshold on or before the 30th day after the quarterly reporting period ends. **** (g) A quarterly expense report of a principal required to be registered under the act must include at least the following information: (3) The total costs of all lobbying for the period. The total must include all office expenses, personnel expenses, expenditures related to gifts, hospitality, transportation and lodging to State officials or employees, and any other lobbying costs. (i) The total amount reported under this paragraph shall be allocated in its entirety among the following categories: (A) The costs for gifts, hospitality, transportation and lodging given to or provided to State officials or employees or their immediate families. (B) The costs for direct communication. (C) The costs for indirect communication. (ii) Registrants shall use a good faith effort to allocate expenses required to be reported under this subsection to one of the three categories listed herein. A given expense may not be included in more than one category. . . . 51 Pa. Code § 55.1(a), (b), (d), (g)(3)(i)-(ii). 13. By Warning Notice letter dated December 5, 2014, Respondent was served with notice in accordance with Section 13A09 of the Lobbying Disclosure Law and Section 63.4(1) of the Lobbying Disclosure Regulations of the specific allegations rd that Respondent failed to file a quarterly expense report for the third (3) quarter of 2014. a. Said Warning Notice was mailed to: PA Associated Builders and Contractors, Inc. 135 Shellyland Road Rapho Business Park Manheim, PA 17545 b. This is the same address as listed on Respondent’s principal registration statement. c. By submitting the principal registration statement, Respondent consented to receipt of service of notices, other official mailings or process, at the address listed on the registration statement. (See, paragraph 2(a) above). 14. Said Warning Notice letter set forth the nature of the alleged noncompliance and the administrative and criminal penalties for failing to file. PA Associated Builders and Contractors, Inc., 15-006-L Page 8 15. Said Warning Notice letter provided Respondent an opportunity to cure the alleged noncompliance and avoid the institution of these proceedings as to alleged noncompliance by filing a quarterly expense report for the time period covering the rd third (3) quarter of 2014 with the Department of State within thirty (30) days from the mailing date of the Warning Notice letter. 16. The Chief of the Division of Campaign Finance and Lobbying Disclosure conducted a search of the Department of State’s records, and as of January 22, 2015, no third rd (3) quarter 2014 expense report was found to have been filed with the Department of State for PA Associated Builders and Contractors, Inc. 17. The Lobbying Disclosure Law provides for civil and criminal penalties for failing to comply with the registration statement filing and quarterly expense reporting requirements thereof. Specifically, the Lobbying Disclosure Law provides that: a. Negligent failure to register or report, as required by the Law, is punishable by an administrative penalty not exceeding $50.00 for each late day. 65 Pa.C.S. § 13A09(c)(1). 18. On February 18, 2015, Respondent PA Associated Builders and Contractors, Inc. filed a quarterly expense report with the Pennsylvania Department of State for the rd third (3) quarter of 2014 pursuant to principal registration number P02718, indicating no lobbying expenses for the third quarter of 2014. rd a. On February 18, 2015, a third (3 ) quarter 2014 expense report was filed pursuant to registration number P03950, associated with Keystone Chapter – Associated Builders and Contractors, Inc. 19. On May 13, 2015, the State Ethics Commission issued Order Number 089-SL, finding that Keystone Chapter – Associated Builders and Contractors, Inc. (P03950) negligently transgressed Section 13A05 of the Lobbying Disclosure Law, 65 Pa.C.S. § 13A05, when it failed to timely file a quarterly expense report with the Department of State for the third quarter of 2014. a. The Commission levied one administrative penalty against Keystone Chapter – Associated Builders and Contractors, Inc. in the amount of $4,773.00 for its delinquent quarterly expense report for the third quarter of 2014, and directed it to pay an additional amount of $250.00, representing a portion of the costs incurred by the Commission in the investigation and enforcement of that matter, payable to the Pennsylvania State Ethics Commission. b. The above administrative penalty and costs were the result of a negotiated agreement between the Investigative Division of the State Ethics Commission, PA Associated Builders and Contractors, Inc. (P02718), and Keystone Chapter – Associated Builders and Contractors, Inc. (P03950). i. The administrative penalty and costs, as reflected in Order 089-SL, encompass the total negotiated penalty amount for the matters involving PA Associated Builders and Contractors, Inc., docketed at 15-006-L with the Commission, and Keystone Chapter – Associated Builders and Contractors, Inc., docketed at 15-003-L. PA Associated Builders and Contractors, Inc., 15-006-L Page 9 III. DISCUSSION: In the instant matter, the alleged noncompliance is that Respondent, as a principal registered with the Pennsylvania Department of State (“Department of State”) pursuant to the Lobbying Disclosure Law, negligently failed to timely file a quarterly expense report rd pursuant to 65 Pa.C.S. § 13A05 for the third (3) quarter of 2014. The relevant provisions of the Lobbying Disclosure Law are set forth in the Fact Findings above. Certain relevant provisions of the Lobbying Disclosure Regulations, 51 Pa. Code § 51.1 et seq., are also set forth in the Fact Findings. As noted above, the parties have submitted a Consent Agreement and Stipulation of Findings. The parties' Stipulated Findings are set forth above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Respondent initially registered as a principal with the Department of State on April 20, 2007, for the registration period January 1, 2007, through December 31, 2008. Respondent’s registration statement indicated that lobbying commenced on March 8, 2007. Respondent registered as a principal with the Department of State for the registration period January 1, 2013, through December 31, 2014. Respondent was assigned the principal registration number “P02718.” Pursuant to Section 13A05 of the Lobbying Disclosure Law, 65 Pa.C.S. § 13A05, and Section 51.3 of the Lobbying Disclosure Regulations, 51 Pa. Code § 51.3, expense reports are filed on a quarterly basis. When a registered principal’s total expenses for lobbying exceed $2,500 for a reporting period/quarter, the principal is required to file a quarterly expense report with the Department of State by no later than 30 days after the last day of such quarter. For a reporting period in which total expenses are $2,500 or less, a statement to that effect must be filed by the principal. Thus, a registered principal must file either a quarterly expense report or a statement of failure to meet the reporting th threshold by no later than the 30 day after each quarterly reporting period ends. 51 Pa. Code § 55.1(d). The Stipulated Findings indicate that since the first quarter of 2008, another registered principal named “Keystone Chapter – Associated Builders and Contractors, Inc.” (registration number P03950) has been reporting the lobbying expenses of Respondent as well as its own lobbying expenses. We note that, based upon the record, there is nothing in the Lobbying Disclosure Law or Regulations that would allow PA Associated Builders and Contractors, Inc. to avoid its expense reporting obligations by having another principal, in this case, Keystone Chapter – Associated Builders and Contractors, Inc., include the lobbying expenses of both principals in the latter’s expense reports. See, 51 Pa. Code § 51.11 (pertaining to the limited circumstances under which consolidated filings are permitted). Having registered for the registration period January 1, 2013, through December 31, 2014, Respondent was required to file a quarterly expense report for the third quarter of 2014. Respondent failed to file a quarterly expense report for the third quarter of 2014 by the filing deadline. Failure to timely file a quarterly expense report constitutes a failure to report as required by the Lobbying Disclosure Law, and the delinquency continues until the filing is received by the Department of State in proper form. 51 Pa. Code § 51.4(b). PA Associated Builders and Contractors, Inc., 15-006-L Page 10 By Warning Notice letter dated December 5, 2014, Respondent was served with notice of the alleged noncompliance in accordance with Section 63.4(1) of the Lobbying Disclosure Regulations, 51 Pa. Code § 63.4(1). The Warning Notice letter provided Respondent an opportunity to cure the alleged noncompliance and avoid the institution of these proceedings by filing a quarterly expense report for the third quarter of 2014 with the Department of State within thirty (30) days of the mailing date of the Warning Notice letter. As of January 22, 2015, no third quarter 2014 expense report was found to have been filed with the Department of State for Respondent. On February 18, 2015, Respondent filed a quarterly expense report with the Department of State for the third quarter of 2014 indicating no lobbying expenses for that quarter. Negligent failure to register or report as required by the Lobbying Disclosure Law is punishable by an administrative penalty of up to $50.00 for each late day. 65 Pa.C.S. § 13A09(c)(1). Per the Consent Agreement and Stipulation of Findings, the parties are in agreement that Respondent’s expense report for the third quarter of 2014 was 111 days delinquent. On May 13, 2015, this Commission issued Order Number 089-SL, approving a Consent Agreement involving Keystone Chapter – Associated Builders and Contractors, Inc. The parties have stipulated that the administrative penalty and costs reflected in Order 089-SL constituted the total negotiated penalty amount for both the matter involving Keystone Chapter – Associated Builders and Contractors, Inc. and the instant matter. Having highlighted the Stipulated Findings and issues before us, we shall now apply the Lobbying Disclosure Law to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations as follows: 3. The Investigative Division will recommend the following conclusions in relation to the above deficiencies: a. That Respondent, in its capacity as a Principal registered with the Pennsylvania Department of State pursuant \[to\] the Pennsylvania Lobbying Disclosure Law (65 Pa.C.S. § 13A04), failed to timely file a Quarterly Expense Report pursuant to 65 Pa.C.S. § rd 13A05, for the third (3) quarter of 2014. b. That the transgressions of the Lobbying Disclosure Law outlined in paragraph (a) above are deemed to be negligent in nature. rd c. Respondent was deficient in filing its Third (3) Quarter 2014 Expense Report by a total of 111 days, calculated as set forth below: i. On December 5, 2014, a Warning Notice regarding the delinquent quarterly expense PA Associated Builders and Contractors, Inc., 15-006-L Page 11 report was sent to Respondent via First Class United States Mail; ii. Respondent did not file the outstanding rd Quarterly Expense Report for the third (3) quarter of 2014 within the stated cure period; iii. On or about February 18, 2015, Respondent filed a Quarterly Expense Report with the Pennsylvania Department of State for the third rd (3) quarter of 2014; iv. For purposes of this Consent Agreement only, the delinquent period is calculated from the first rd date the Third (3) Quarter 2014 Expense Report was delinquent (October 31, 2014) until rd the date Respondent filed a Third (3) Quarter 2014 Expense Report, that date being February 18, 2015, said period being 111 days. 4. The parties have negotiated a settlement amount, which was paid through Commission Order Number 089-SL, and as such, the Investigative Division recommends that the Commission impose no additional administrative penalty against Respondent in the instant matter. rd 5. On February 18, 2015, Respondent filed a Third (3) Quarter 2014 Expense Report pursuant to principal registration number P02718, indicating that no lobbying expenses were incurred by rd the Respondent during the Third (3) Quarter of 2014. a. Respondent agrees to timely file all future quarterly expense reports for the quarter(s) that said entity is/remains a Registered Principal with the Pennsylvania Department of State, in accordance with the Pennsylvania Lobbying Disclosure Law (65 Pa.C.S. § 13A01 et seq.) and the Regulations of the Lobbying Disclosure Law (51 Pa. Code § 51.1 et seq.) 6. The Investigative Division will recommend that the State Ethics Commission take no further action in this matter, impose no further sanctions, and make no specific recommendations to any law enforcement or other authority to take action in this matter as to either Respondent, or any individual or representative of Respondent. Such, however, does not prohibit the Commission from initiating appropriate enforcement actions in the event of Respondent’s failure to comply with this agreement or the Commission’s Order or cooperating with any other authority who may so choose to review this matter further. Consent Agreement, at 1-3. In considering the Consent Agreement and Stipulation of Findings, we agree with PA Associated Builders and Contractors, Inc., 15-006-L Page 12 the parties that Respondent as a registered principal failed to timely file a quarterly expense report with the Department of State for the third quarter of 2014 as required by Section 13A05 of the Lobbying Disclosure Law. Accordingly, we hold that Respondent as a registered principal failed to timely file a quarterly expense report with the Department of State for the third quarter of 2014 as required by Section 13A05 of the Lobbying Disclosure Law. We accept the recommendation of the parties for a determination that the transgression(s) of the Lobbying Disclosure Law outlined immediately above are deemed to be negligent in nature. A Memorandum submitted in support of the Consent Agreement indicates that the negotiated administrative penalty that was approved by Commission Order No. 089-SL was greater than it otherwise would have been because it was intended to account for both this matter and the matter docketed to No. 15-003-L. Therefore, the Investigative Division recommends that this Commission impose no additional administrative penalty against Respondent in the instant matter. We determine that the Consent Agreement submitted by the parties sets forth a proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, we approve the Consent Agreement that has been submitted by the parties, and we specifically approve the administrative penalty negotiated by the parties and paid through Commission Order No. 089-SL, such that no additional administrative penalty shall be imposed against PA Associated Builders and Contractors, Inc. in the instant matter. As for Respondent’s agreement to file all future quarterly expense reports as set forth in the Consent Agreement, we note that failure to do so may result in further proceedings before this Commission. In that PA Associated Builders and Contractors, Inc.: has already made payment of the aforesaid administrative penalty negotiated by the parties; has made payment to this Commission in that amount through the payment of a combined administrative penalty under Commission Order No. 089-SL; and has now filed a quarterly expense report for the third quarter of 2014, no further action is required in this case, and this case is closed. IV.CONCLUSIONS OF LAW: 1. As a principal registered with the Pennsylvania Department of State (“Department of State”) under principal registration number “P02718,” PA Associated Builders and Contractors, Inc. has been subject to the reporting requirements of Section 13A05 of Pennsylvania’s lobbying disclosure law (“Lobbying Disclosure Law”), 65 Pa.C.S. § 13A05. 2. PA Associated Builders and Contractors, Inc., in its capacity as a principal registered with the Department of State, failed to timely file a quarterly expense report with the Department of State for the third quarter of 2014 as required by Section 13A05 of the Lobbying Disclosure Law, 65 Pa.C.S. § 13A05. 3. The transgression(s) of the Lobbying Disclosure Law outlined in paragraph 2 immediately above are deemed to be negligent in nature. 4. The prerequisite service of a warning notice in accordance with Section 63.4(1) of the Lobbying Disclosure Regulations, 51 Pa. Code § 63.4(1), was satisfied. PA Associated Builders and Contractors, Inc., 15-006-L Page 13 5. Based upon the totality of the circumstances in this case, the imposition of an additional administrative penalty over that which was already paid pursuant to Order No. 089-SL is not warranted. In Re: PA Associated Builders and : File Docket: 15-006-L Contractors, Inc., : Date Decided: 10/7/15 Respondent : Date Mailed: 10/23/15 ORDER NO. 094-SL 1. PA Associated Builders and Contractors, Inc., in its capacity as a principal registered with the Pennsylvania Department of State (“Department of State”) under principal registration number “P02718,” failed to timely file a quarterly expense report with the Department of State for the third quarter of 2014 as required by Section 13A05 of Pennsylvania’s lobbying disclosure law (“Lobbying Disclosure Law”), 65 Pa.C.S. § 13A05. 2. The transgression(s) of the Lobbying Disclosure Law outlined in paragraph 1 immediately above are deemed to be negligent in nature. 3. This Commission approves the administrative penalty negotiated by the parties and paid through Commission Order No. 089-SL, such that no additional administrative penalty is imposed against PA Associated Builders and Contractors, Inc. in the instant matter. 4. In that PA Associated Builders and Contractors, Inc.: has already made payment of the aforesaid administrative penalty negotiated by the parties; has made payment to this Commission in that amount through the payment of a combined administrative penalty under Commission Order No. 089-SL; and has now filed a quarterly expense report for the third quarter of 2014, no further action is required in this case, and this case is closed. BY THE COMMISSION, ___________________________ Nicholas A. Colafella, Chair