Bill Text: PA SB979 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for legislative intent and for prohibiting political influence.

Spectrum: Moderate Partisan Bill (Republican 10-3)

Status: (Introduced - Dead) 2009-06-22 - Referred to COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT [SB979 Detail]

Download: Pennsylvania-2009-SB979-Introduced.html

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PRINTER'S NO. 1193
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 979 Session of2009
INTRODUCED BY ORIE, RAFFERTY, FARNESE, PICCOLA, ARGALL, GREENLEAF, PIPPY, WONDERLING, WAUGH, ROBBINS, BROWNE, FERLO AND STACK, JUNE 22, 2009
REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT, JUNE 22, 2009
AN ACT
Amending Title 4 (Amusements) of the Pennsylvania Consolidated
Statutes, further providing for legislative intent and for
prohibiting political influence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1102(11) of Title 4 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 1102. Legislative intent.
The General Assembly recognizes the following public policy
purposes and declares that the following objectives of the
Commonwealth are to be served by this part:
* * *
(11) It is necessary to maintain the integrity of the
regulatory control and legislative oversight over the
operation of slot machines in this Commonwealth; to prevent
the actual or appearance of corruption that may result from
[large] campaign contributions; ensure the bipartisan
administration of this part; and avoid actions that may erode
public confidence in the system of representative government.
Section 2. Section 1513 of Title 4 is reenacted to read:
§ 1513. Political influence.
(a) Contribution restriction.--The following persons shall
be prohibited from contributing any money or in-kind
contribution to a candidate for nomination or election to any
public office in this Commonwealth, or to any political party
committee or other political committee in this Commonwealth or
to any group, committee or association organized in support of a
candidate, political party committee or other political
committee in this Commonwealth:
(1) An applicant for a slot machine license,
manufacturer license, supplier license, principal license,
key employee license or horse or harness racing license.
(2) A slot machine licensee, licensed manufacturer,
licensed supplier or licensed racing entity.
(3) A licensed principal or licensed key employee of a
slot machine licensee, licensed manufacturer, licensed
supplier or licensed racing entity.
(4) An affiliate, intermediary, subsidiary or holding
company of a slot machine licensee, licensed manufacturer,
licensed supplier or licensed racing entity.
(5) A licensed principal or licensed key employee of an
affiliate, intermediary, subsidiary or holding company of a
slot machine licensee, licensed manufacturer, licensed
supplier or licensed racing entity.
(6) A person who holds a similar gaming license in
another jurisdiction and the affiliates, intermediaries,
subsidiaries, holding companies, principals or key employees
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thereof.
(a.1) Contributions to certain associations and
organizations barred.--The individuals prohibited from making
political contributions under subsection (a) shall not make a
political contribution of money or an in-kind contribution to
any association or organization, including a nonprofit
organization, that has been solicited by, or knowing that the
contribution or a portion thereof will be contributed to, the
elected official, executive-level public employee or candidate
for nomination or election to a public office in this
Commonwealth.
(a.2) Internet website.--
(1) The board shall establish an Internet website that
includes a list of all applicants for and holders of a slot
machine license, manufacturer license, supplier license or
racing entity license, and the affiliates, intermediaries,
subsidiaries, holding companies, principals and key employees
thereof, all persons holding a similar gaming license in
another jurisdiction, and the affiliates, intermediaries,
subsidiaries, holding companies, principals and key employees
thereof, and any other entity in which the applicant or
licensee has any debt or equity security or other ownership
or profits interest. An applicant or licensee shall notify
the board within seven days of the discovery of any change in
or addition to the information. The list shall be published
semiannually in the Pennsylvania Bulletin.
(2) An individual who acts in good faith and in reliance
on the information on the Internet website shall not be
subject to any penalties or liability imposed for a violation
of this section.
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(3) The board shall request the information required
under paragraph (1) from persons licensed in another
jurisdiction who do not hold a license in this Commonwealth
and from regulatory agencies in the other jurisdiction. If a
licensee in another jurisdiction refuses to provide the
information required under paragraph (1), the person and its
officers, directors or persons with a controlling interest
shall be ineligible to receive any license under this part.
(b) Annual certification.--The chief executive officer, or
other appropriate individual, of each applicant for a slot
machine license, manufacturer license or supplier license,
licensed racing entity, licensed supplier, licensed manufacturer
or licensed gaming entity shall annually certify under oath to
the board and the Department of State that such applicant or
licensed racing entity, licensed supplier, licensed manufacturer
or licensed gaming entity has developed and implemented internal
safeguards and policies intended to prevent a violation of this
provision and that such applicant or licensed racing entity or
licensed gaming entity has conducted a good faith investigation
that has not revealed any violation of this provision during the
past year.
(c) Penalties.--The first violation of this section by a
licensed gaming entity or any person that holds a controlling
interest in such gaming entity, or a subsidiary company thereof,
and any officer, director or management-level employee of such
licensee shall be punishable by a fine of not less than an
average single day's gross terminal revenue of the licensed
gaming entity derived from the operation of slot machines in
this Commonwealth; a second violation of this section, within
five years of the first violation, shall be punishable by at
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least a one-day suspension of the license held by the licensed
gaming entity and a fine not less than an average two days'
gross revenue of the licensed gaming entity; a third violation
of this section within five years of the second violation shall
be punishable by the immediate revocation of the license held by
the licensed gaming entity. The first violation of this section
by a manufacturer or supplier licensed pursuant to this part or
by any person that holds a controlling interest in such
manufacturer or supplier, or a subsidiary company thereof, and
any officer, director or management-level employee of such a
licensee shall be punishable by a fine of not less than one
day's average of the gross profit from sales made by the
manufacturer or supplier in Pennsylvania during the preceding
12-month period or portion thereof in the event the manufacturer
or supplier has not operated in Pennsylvania for 12 months; a
second violation of this section within five years of the first
violation shall be punishable by a one-month suspension of the
license held by the manufacturer or supplier and a fine of not
less than two times one day's average of the gross profit from
sales made by the manufacturer or supplier in Pennsylvania
during the preceding 12-month period or portion thereof in the
event the manufacturer or supplier has not operated in
Pennsylvania for 12 months. In no event shall the fine imposed
under this section be in an amount less than $50,000 for each
violation. In addition to any fine or sanction that may be
imposed by the board, any person who makes a contribution in
violation of this section commits a misdemeanor of the third
degree.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
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subsection:
"Contribution." Any payment, gift, subscription, assessment,
contract, payment for services, dues, loan, forbearance, advance
or deposit of money or any valuable thing made to a candidate or
political committee for the purpose of influencing any election
in this Commonwealth or for paying debts incurred by or for a
candidate or committee before or after any election. The term
shall include the purchase of tickets for events including
dinners, luncheons, rallies and other fundraising events; the
granting of discounts or rebates not available to the general
public; or the granting of discounts or rebates by television
and radio stations and newspapers not extended on an equal basis
to all candidates for the same office; and any payments provided
for the benefit of any candidate, including payments for the
services of a person serving as an agent of a candidate or
committee by a person other than the candidate or committee or
person whose expenditures the candidate or committee must
report. The term also includes any receipt or use of anything of
value received by a political committee from another political
committee and also includes any return on investments by a
political committee.
"Political committee." Any committee, club, association or
other group of persons which receives contributions or makes
expenditures.
Section 3. This act shall take effect in 60 days.
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