PRINTER'S NO. 1811
No. 1209 Session of 2004
INTRODUCED BY PIPPY, BRIGHTBILL, JUBELIRER, ARMSTRONG,
TOMLINSON, EARLL, GORDNER, ERICKSON, O'PAKE, M. WHITE, ORIE,
WAGNER, WENGER, SCHWARTZ, FERLO, ROBBINS, RAFFERTY, CORMAN,
DENT, C. WILLIAMS, PICCOLA, WONDERLING, THOMPSON, WAUGH,
D. WHITE, MADIGAN, CONTI, RHOADES, SCARNATI, LEMMOND, MOWERY,
PUNT, KASUNIC, KUKOVICH, PILEGGI AND GREENLEAF,
AUGUST 2, 2004
REFERRED TO STATE GOVERNMENT, AUGUST 2, 2004
AN ACT
1 Amending Title 4 (Amusements) of the Pennsylvania Consolidated
2 Statutes, prohibiting public officials from having financial
3 interest relating to slot machines or horse racing.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1512 of Title 4 of the Pennsylvania
7 Consolidated Statutes, added July 5, 2004 (P.L. , No.71), is
8 amended to read:
9 § 1512. Public official financial interest.
10 (a) General rule.--[Except as may be provided by rule or
11 order of the Pennsylvania Supreme Court, no] No executive-level
12 State employee, public official, party officer or immediate
13 family member thereof shall have, at or following the effective
14 date of this part, a financial interest in or be employed,
15 directly or indirectly, by any manufacturer licensee, supplier
16 licensee, licensed racing entity or licensed gaming entity, or
1 any holding, affiliate, intermediary or subsidiary company,
2 thereof, or any [such] applicant for such a license, nor solicit
3 or accept, directly or indirectly, any complimentary service or
4 discount from any licensed racing entity or licensed gaming
5 entity which he knows or has reason to know is other than a
6 service or discount that is offered to members of the general
7 public in like circumstances during his or hers status as an
8 executive-level State employee, public official or party officer
9 and for one year following termination of the person's status as
10 an executive-level State employee, public official or party
11 officer.
12 (b) Definitions.--As used in this section, the following
13 words and phrases shall have the meanings given to them in this
14 subsection:
15 "Executive-level State employee." The Governor, Lieutenant
16 Governor, cabinet members, deputy secretaries, the Governor's
17 office executive staff, any State employee with discretionary
18 powers which may affect the outcome of a State agency's decision
19 in relation to a private corporation or business, with respect
20 to any matter covered by this part or any executive employee who
21 by virtue of his job function could influence the outcome of
22 such a decision.
23 "Financial interest." Owning or holding securities
24 [exceeding 1% of the equity or fair market value of the] of a
25 licensed racing entity, manufacturer licensee, supplier licensee
26 or licensed gaming entity, its holding company, affiliate,
27 intermediary or subsidiary business or an applicant for such a
28 license. A financial interest shall not include any such stock
29 that is held in a blind trust over which the executive-level
30 State employee, public official, party officer or immediate
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1 family member thereof may not exercise any managerial control or
2 receive income during the tenure of office and the period under
3 subsection (a) or of a mutual fund as defined in 20 Pa.C.S. §
4 7201 (relating to definitions).
5 "Immediate family." A parent, spouse, minor or unemancipated
6 child, brother or sister.
7 "Party officer." A member of a national committee; a
8 chairman, vice chairman, secretary, treasurer or counsel of a
9 State committee or member of the executive committee of a State
10 committee; a county chairman, vice chairman, counsel, secretary
11 or treasurer of a county committee; or a city chairman, vice
12 chairman, counsel, secretary or treasurer of a city committee.
13 "Public official." Any person elected by the public or
14 elected or appointed by a governmental body or an appointed
15 official in the executive, legislative or judicial branch of
16 this Commonwealth or any political subdivision thereof, provided
17 that it shall not include members of advisory boards that have
18 no authority to expend public funds other than reimbursement for
19 personal expense or to otherwise exercise the power of the
20 Commonwealth or any political subdivision [or commissioner of
21 any authority or joint-state commission].
22 Section 2. This act shall take effect immediately.
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