PRINTER'S NO. 3525
No. 2414 Session of 2008
INTRODUCED BY BARRAR, BEAR, BENNINGHOFF, BOYD, CALTAGIRONE, CLYMER, DALLY, DENLINGER, EVERETT, GINGRICH, R. MILLER, MOYER, M. O'BRIEN, PYLE, REICHLEY, ROAE, RUBLEY, SAYLOR, SCHRODER, THOMAS, TRUE AND WATSON, APRIL 2, 2008
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, APRIL 2, 2008
AN ACT 1 Amending Title 4 (Amusements) of the Pennsylvania Consolidated 2 Statutes, further providing for political influence. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Section 1513(b) and (c) of Title 4 of the 6 Pennsylvania Consolidated Statutes are amended and the section 7 is amended by adding a subsection to read: 8 § 1513. Political influence. 9 * * * 10 (b) Annual certification.--The chief executive officer, or 11 other appropriate individual, of each applicant for a slot 12 machine license, manufacturer license or supplier license, 13 licensed racing entity, licensed supplier, licensed manufacturer 14 or licensed gaming entity shall annually certify under oath to 15 the board and the Department of State that such applicant or 16 licensed racing entity, licensed supplier, licensed manufacturer 17 or licensed gaming entity has developed and implemented internal
1 safeguards and policies intended to prevent a violation of [this 2 provision] subsection (a) or (a.1) and that such applicant or 3 licensed racing entity or licensed gaming entity has conducted a 4 good faith investigation that has not revealed any violation of 5 [this provision] subsection (a) or (a.1) during the past year. 6 (c) Penalties.--The first violation of [this section] 7 subsection (a) or (a.1) by a licensed gaming entity or any 8 person that holds a controlling interest in such gaming entity, 9 or a subsidiary company thereof, and any officer, director or 10 management-level employee of such licensee shall be punishable 11 by a fine of not less than an average single day's gross 12 terminal revenue of the licensed gaming entity derived from the 13 operation of slot machines in this Commonwealth; a second 14 violation of [this section] subsection (a) or (a.1), within five 15 years of the first violation, shall be punishable by at least a 16 one-day suspension of the license held by the licensed gaming 17 entity and a fine not less than an average two days' gross 18 revenue of the licensed gaming entity; a third violation of 19 [this section] subsection (a) or (a.1) within five years of the 20 second violation shall be punishable by the immediate revocation 21 of the license held by the licensed gaming entity. The first 22 violation of [this section] subsection (a) or (a.1) by a 23 manufacturer or supplier licensed pursuant to this part or by 24 any person that holds a controlling interest in such 25 manufacturer or supplier, or a subsidiary company thereof, and 26 any officer, director or management-level employee of such a 27 licensee shall be punishable by a fine of not less than one 28 day's average of the gross profit from sales made by the 29 manufacturer or supplier in Pennsylvania during the preceding 30 12-month period or portion thereof in the event the manufacturer 20080H2414B3525 - 2 -
1 or supplier has not operated in Pennsylvania for 12 months; a 2 second violation of [this section] subsection (a) or (a.1) 3 within five years of the first violation shall be punishable by 4 a one-month suspension of the license held by the manufacturer 5 or supplier and a fine of not less than two times one day's 6 average of the gross profit from sales made by the manufacturer 7 or supplier in Pennsylvania during the preceding 12-month period 8 or portion thereof in the event the manufacturer or supplier has 9 not operated in Pennsylvania for 12 months. In no event shall 10 the fine imposed under this section be in an amount less than 11 $50,000 for each violation. In addition to any fine or sanction 12 that may be imposed by the board, any person who makes a 13 contribution in violation of [this section] subsection (a) or 14 (a.1) commits a misdemeanor of the third degree. 15 (c.1) Accepting improper contributions.--A candidate for 16 nomination or election to any public office in this 17 Commonwealth, or to any political party committee or other 18 political committee in this Commonwealth or to any group, 19 committee or association organized in support of a candidate, 20 political party committee or other political committee in this 21 Commonwealth, who knowingly and intentionally accepts a 22 political contribution of money or an in-kind contribution from 23 an individual prohibited from making contributions under 24 subsection (a) commits a misdemeanor of the third degree. 25 * * * 26 Section 2. This act shall take effect in 60 days. B5L04JKL/20080H2414B3525 - 3 -