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                                                      PRINTER'S NO. 3525

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.



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