PRINTER'S NO. 2065
No. 1324 Session of 2006
INTRODUCED BY LOGAN, COSTA, FONTANA, LAVALLE, KASUNIC, FUMO,
BOSCOLA, WOZNIAK, ERICKSON, RAFFERTY, TARTAGLIONE, GREENLEAF,
FERLO AND DINNIMAN, SEPTEMBER 20, 2006
REFERRED TO STATE GOVERNMENT, SEPTEMBER 20, 2006
AN ACT
1 Amending Title 4 (Amusements) of the Pennsylvania Consolidated
2 Statutes, further providing for political influence
3 restriction.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1513(a) of Title 4 of the Pennsylvania
7 Consolidated Statutes is amended and the section is amended by
8 adding a subsection to read:
9 § 1513. Political influence.
10 (a) Contribution restriction.--An applicant for a slot
11 machine license, manufacturer license or supplier license,
12 licensed racing entity, licensed manufacturer, licensed supplier
13 or licensed gaming entity, or a person that holds a similar
14 gaming license or permit or a controlling interest in a gaming
15 license or permit in another jurisdiction, or any holding,
16 affiliate, intermediary or subsidiary company thereof, or any
17 officer, director [or], key employee or lobbyist of such
18 applicant, licensed manufacturer or licensed supplier, licensed
1 racing entity or licensed gaming entity or any holding,
2 affiliate, intermediary or subsidiary company thereof, shall be
3 prohibited from contributing any money or in-kind contribution
4 to a candidate for nomination or election to any public office
5 in this Commonwealth, or to any political committee or State
6 party in this Commonwealth or to any group, committee or
7 association organized in support of any such candidate,
8 political committee or State party.
9 * * *
10 (d) Definitions.--As used in this section, the following
11 words and phrases shall have the meanings given to them in this
12 subsection:
13 "Administrative action." Any of the following:
14 (1) An agency's:
15 (i) proposal, consideration, promulgation or
16 rescission of a regulation;
17 (ii) development or modification of a guideline or a
18 statement of policy; or
19 (iii) approval or rejection of a regulation.
20 (2) The review, revision, approval or disapproval of a
21 regulation under the act of June 25, 1982 (P.L.633, No.181),
22 known as the Regulatory Review Act.
23 (3) The nomination or appointment of an individual as an
24 officer or employee of the Commonwealth.
25 (4) The proposal, consideration, promulgation or
26 rescission of an executive order.
27 "Direct communication." An effort, whether written, oral or
28 by any other medium, made by a lobbyist or principal, directed
29 to a State official or employee, the purpose or foreseeable
30 effect of which is to influence legislative action or
20060S1324B2065 - 2 -
1 administrative action.
2 "Indirect communication." An effort, whether written, oral
3 or by any other medium, to encourage others, including the
4 general public, to take action, the purpose or foreseeable
5 effect of which is to directly influence legislative action or
6 administrative action. The term includes letter-writing
7 campaigns, mailings, telephone banks, print and electronic media
8 advertising, billboards, publications and educational campaigns
9 on public issues. The term does not include regularly published
10 periodic newsletters primarily designed for and distributed to
11 members of a bona fide association or charitable or fraternal
12 nonprofit corporation.
13 "Legislation." Bills, resolutions, amendments and
14 nominations pending or proposed in either the Senate or the
15 House of Representatives. The term includes any other matter
16 which may become the subject of action by either chamber of the
17 General Assembly.
18 "Legislative action." An action taken by a State official or
19 employee involving the preparation, research, drafting,
20 introduction, consideration, modification, amendment, approval,
21 passage, enactment, tabling, postponement, defeat or rejection
22 of legislation; legislative motions; overriding or sustaining a
23 veto by the Governor; or confirmation of appointments by the
24 Governor or of appointments to public boards or commissions by a
25 member of the General Assembly.
26 "Lobbying." An effort to influence legislative action or
27 administrative action. The term includes:
28 (1) Providing any gift, entertainment, meal,
29 transportation or lodging to an individual elected or
30 appointed to a position in State government or employed by
20060S1324B2065 - 3 -
1 State government, whether compensated or uncompensated, who
2 is involved in legislative action or administrative action
3 for the purpose of advancing the interest of an applicant or
4 licensed entity.
5 (2) Direct or indirect communication.
6 "Lobbyist." Any person, firm, association, corporation,
7 partnership, business trust or business entity that engages in
8 lobbying on behalf of an applicant or licensed entity for
9 economic consideration.
10 "Regulation." Any rule, regulation or order in the nature of
11 a rule or regulation, including formal and informal opinions of
12 the Attorney General, of general application and future effect,
13 promulgated by an agency under statutory authority in the
14 administration of a statute administered by or relating to the
15 agency or prescribing the practice or procedure before the
16 agency.
17 Section 2. This act shall take effect in 60 days.
H31L04BIL/20060S1324B2065 - 4 -