S0711B1460A04233     BIL:CDM  10/03/09     #90        A04233

  

  

  

  

AMENDMENTS TO SENATE BILL NO. 711

Printer's No. 1460

  

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Amend Bill, page 190, lines 23 through 30; page 191, lines 1 

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through 30; page 192, lines 1 through 5, by striking out all of

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said lines on said pages and inserting

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Section 14.1.  Section 1513 of Title 4 is reenacted and

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amended to read:

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§ 1513.  Political influence.

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(a)  Contribution restriction.--The following persons shall

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be prohibited from contributing any money or in-kind

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contribution to a candidate for nomination or election to any

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public office in this Commonwealth, or to any political party

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committee or other political committee in this Commonwealth or

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to any group, committee or association organized in support of a

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candidate, political party committee or other political

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committee in this Commonwealth:

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(1)  An applicant for a slot machine license,

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manufacturer license, supplier license, principal license,

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key employee license or horse or harness racing license.

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(2)  A slot machine licensee, licensed manufacturer,

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licensed supplier or licensed racing entity.

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(3)  A licensed principal or licensed key employee of a

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slot machine licensee, licensed manufacturer, licensed

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supplier or licensed racing entity.

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(4)  An affiliate, intermediary, subsidiary or holding

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company of a slot machine licensee, licensed manufacturer,

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licensed supplier or licensed racing entity.

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(5)  A licensed principal or licensed key employee of an

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affiliate, intermediary, subsidiary or holding company of a

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slot machine licensee, licensed manufacturer, licensed

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supplier or licensed racing entity.

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(6)  A person who holds a similar gaming license in

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another jurisdiction and the affiliates, intermediaries,

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subsidiaries, holding companies, principals or key employees

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thereof.

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(a.1)  Contributions to certain associations and

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organizations barred.--The individuals prohibited from making

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political contributions under subsection (a) shall not make a

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political contribution of money or an in-kind contribution to

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any association or organization, including a nonprofit

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organization, that has been solicited by, or knowing that the

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contribution or a portion thereof will be contributed to, the

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elected official, executive-level public employee or candidate

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for nomination or election to a public office in this

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Commonwealth.

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(a.2)  Internet website.--

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(1)  The board shall establish an Internet website that

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includes a list of all applicants for and holders of a slot

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machine license, manufacturer license, supplier license or

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racing entity license, and the affiliates, intermediaries,

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subsidiaries, holding companies, principals and key employees

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thereof, all persons holding a similar gaming license in

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another jurisdiction, and the affiliates, intermediaries,

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subsidiaries, holding companies, principals and key employees

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thereof, and any other entity in which the applicant or

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licensee has any debt or equity security or other ownership

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or profits interest. An applicant or licensee shall notify

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the board within seven days of the discovery of any change in

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or addition to the information. The list shall be published

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semiannually in the Pennsylvania Bulletin.

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(2)  An individual who acts in good faith and in reliance

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on the information on the Internet website shall not be

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subject to any penalties or liability imposed for a violation

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of this section.

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(3)  The board shall request the information required

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under paragraph (1) from persons licensed in another

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jurisdiction who do not hold a license in this Commonwealth

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and from regulatory agencies in the other jurisdiction. If a

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licensee in another jurisdiction refuses to provide the

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information required under paragraph (1), the person and its

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officers, directors or persons with a controlling interest

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shall be ineligible to receive any license under this part.

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(b)  Annual certification.--The chief executive officer, or

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other appropriate individual, of each applicant for a slot

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machine license, manufacturer license or supplier license,

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licensed racing entity, licensed supplier, licensed manufacturer

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or licensed gaming entity shall annually certify under oath to

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the board and the Department of State that such applicant or

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licensed racing entity, licensed supplier, licensed manufacturer

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or licensed gaming entity has developed and implemented internal

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safeguards and policies intended to prevent a violation of this

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provision and that such applicant or licensed racing entity or

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licensed gaming entity has conducted a good faith investigation

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that has not revealed any violation of this provision during the

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past year.

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(c)  Penalties.--The first violation of this section by a

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licensed gaming entity or any person that holds a controlling

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interest in such gaming entity, or a subsidiary company thereof,

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and any officer, director or management-level employee of such

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licensee shall be punishable by a fine of not less than an

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average single day's gross terminal revenue of the licensed

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gaming entity derived from the operation of slot machines and

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gross table game revenue from the operation of table games in

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this Commonwealth; a second violation of this section, within

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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

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gaming entity and a fine not less than an average two days'

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gross revenue of the licensed gaming entity; a third violation

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of this section within five years of the second violation shall

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be punishable by the immediate revocation of the license held by

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the licensed gaming entity. The first violation of this section

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by a manufacturer or supplier licensed pursuant to this part or

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by any person that holds a controlling interest in such

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manufacturer or supplier, or a subsidiary company thereof, and

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any officer, director or management-level employee of such a

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licensee shall be punishable by a fine of not less than one

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day's average of the gross profit from sales made by the

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manufacturer or supplier in Pennsylvania during the preceding

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12-month period or portion thereof in the event the manufacturer

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or supplier has not operated in Pennsylvania for 12 months; a

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second violation of this section within five years of the first

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violation shall be punishable by a one-month suspension of the

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license held by the manufacturer or supplier and a fine of not

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less than two times one day's average of the gross profit from

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sales made by the manufacturer or supplier in Pennsylvania

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during the preceding 12-month period or portion thereof in the

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event the manufacturer or supplier has not operated in

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Pennsylvania for 12 months. In no event shall the fine imposed

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under this section be in an amount less than $50,000 for each

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violation. In addition to any fine or sanction that may be

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imposed by the board, any person who makes a contribution in

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violation of this section commits a misdemeanor of the third

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degree.

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(d)  Definitions.--As used in this section, the following

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words and phrases shall have the meanings given to them in this

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subsection:

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"Contribution."  Any payment, gift, subscription, assessment,

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contract, payment for services, dues, loan, forbearance, advance

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or deposit of money or any valuable thing made to a candidate or

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political committee for the purpose of influencing any election

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in this Commonwealth or for paying debts incurred by or for a

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candidate or committee before or after any election. The term

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shall include the purchase of tickets for events including

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dinners, luncheons, rallies and other fundraising events; the

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granting of discounts or rebates not available to the general

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public; or the granting of discounts or rebates by television

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and radio stations and newspapers not extended on an equal basis

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to all candidates for the same office; and any payments provided

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for the benefit of any candidate, including payments for the

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services of a person serving as an agent of a candidate or

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committee by a person other than the candidate or committee or

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person whose expenditures the candidate or committee must

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report. The term also includes any receipt or use of anything of

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value received by a political committee from another political

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committee and also includes any return on investments by a

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political committee.

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"Political committee."  Any committee, club, association or

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other group of persons which receives contributions or makes

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expenditures.

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Section 14.2.  Section 1514(b), (f), (g) and (h) of Title 4

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are amended to read:

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