PRINTER'S NO. 707
No. 658 Session of 2007
INTRODUCED BY LOGAN, BOSCOLA, FONTANA, TARTAGLIONE, ERICKSON,
COSTA, MUSTO, FERLO, RAFFERTY, C. WILLIAMS, ORIE, LAVALLE,
KASUNIC, RHOADES AND FUMO, MARCH 22, 2007
REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT,
MARCH 22, 2007
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) and (d) of Title 4 of the
7 Pennsylvania Consolidated Statutes, amended or added November 1,
8 2006 (P.L.1243, No.135), are amended to read:
9 § 1513. Political influence.
10 (a) Contribution restriction.--The following persons shall
11 be prohibited from contributing any money or in-kind
12 contribution to a candidate for nomination or election to any
13 public office in this Commonwealth, or to any political party
14 committee or other political committee in this Commonwealth or
15 to any group, committee or association organized in support of a
16 candidate, political party committee or other political
17 committee in this Commonwealth:
1 (1) An applicant for a slot machine license,
2 manufacturer license, supplier license, principal license,
3 key employee license or horse or harness racing license.
4 (2) A slot machine licensee, licensed manufacturer,
5 licensed supplier or licensed racing entity.
6 (3) A licensed principal or licensed key employee of a
7 slot machine licensee, licensed manufacturer, licensed
8 supplier or licensed racing entity.
9 (4) An affiliate, intermediary, subsidiary or holding
10 company of a slot machine licensee, licensed manufacturer,
11 licensed supplier or licensed racing entity.
12 (5) A licensed principal or licensed key employee of an
13 affiliate, intermediary, subsidiary or holding company of a
14 slot machine licensee, licensed manufacturer, licensed
15 supplier or licensed racing entity.
16 (6) A person who holds a similar gaming license in
17 another jurisdiction and the affiliates, intermediaries,
18 subsidiaries, holding companies, principals or key employees
19 thereof.
20 (7) A lobbyist.
21 * * *
22 (d) Definitions.--As used in this section, the following
23 words and phrases shall have the meanings given to them in this
24 subsection:
25 "Administrative action." Any of the following:
26 (1) An agency's:
27 (i) proposal, consideration, promulgation or
28 rescission of a regulation;
29 (ii) development or modification of a guideline or a
30 statement of policy; or
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1 (iii) approval or rejection of a regulation.
2 (2) The review, revision, approval or disapproval of a
3 regulation under the act of June 25, 1982 (P.L.633, No.181),
4 known as the Regulatory Review Act.
5 (3) The nomination or appointment of an individual as an
6 officer or employee of the Commonwealth.
7 (4) The proposal, consideration, promulgation or
8 rescission of an executive order.
9 "Contribution." Any payment, gift, subscription, assessment,
10 contract, payment for services, dues, loan, forbearance, advance
11 or deposit of money or any valuable thing made to a candidate or
12 political committee for the purpose of influencing any election
13 in this Commonwealth or for paying debts incurred by or for a
14 candidate or committee before or after any election. The term
15 shall include the purchase of tickets for events including
16 dinners, luncheons, rallies and other fundraising events; the
17 granting of discounts or rebates not available to the general
18 public; or the granting of discounts or rebates by television
19 and radio stations and newspapers not extended on an equal basis
20 to all candidates for the same office; and any payments provided
21 for the benefit of any candidate, including payments for the
22 services of a person serving as an agent of a candidate or
23 committee by a person other than the candidate or committee or
24 person whose expenditures the candidate or committee must
25 report. The term also includes any receipt or use of anything of
26 value received by a political committee from another political
27 committee and also includes any return on investments by a
28 political committee.
29 "Direct communication." An effort, whether written, oral or
30 by any other medium, made by a lobbyist or principal, directed
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1 to a State official or employee, the purpose or foreseeable
2 effect of which is to influence legislative action or
3 administrative action.
4 "Indirect communication." An effort, whether written, oral
5 or by any other medium, to encourage others, including the
6 general public, to take action, the purpose or foreseeable
7 effect of which is to directly influence legislative action or
8 administrative action. The term includes letter-writing
9 campaigns, mailings, telephone banks, print and electronic media
10 advertising, billboards, publications and educational campaigns
11 on public issues. The term does not include regularly published
12 periodic newsletters primarily designed for and distributed to
13 members of a bona fide association or charitable or fraternal
14 nonprofit corporation.
15 "Legislation." Bills, resolutions, amendments and
16 nominations pending or proposed in either the Senate or the
17 House of Representatives. The term includes any other matter
18 which may become the subject of action by either chamber of the
19 General Assembly.
20 "Legislative action." An action taken by a State official or
21 employee involving the preparation, research, drafting,
22 introduction, consideration, modification, amendment, approval,
23 passage, enactment, tabling, postponement, defeat or rejection
24 of legislation; legislative motions; overriding or sustaining a
25 veto by the Governor; or confirmation of appointments by the
26 Governor or of appointments to public boards or commissions by a
27 member of the General Assembly.
28 "Lobbying." An effort to influence legislative action or
29 administrative action. The term includes:
30 (1) Providing any gift, entertainment, meal,
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1 transportation or lodging to an individual elected or
2 appointed to a position in State government or employed by
3 State government, whether compensated or uncompensated, who
4 is involved in legislative action or administrative action
5 for the purpose of advancing the interest of an applicant or
6 licensed entity.
7 (2) Direct or indirect communication.
8 "Lobbyist." Any person, firm, association, corporation,
9 partnership, business trust or business entity that engages in
10 lobbying on behalf of an applicant or licensed entity for
11 economic consideration.
12 "Political committee." Any committee, club, association or
13 other group of persons which receives contributions or makes
14 expenditures.
15 "Regulation." Any rule, regulation or order in the nature of
16 a rule or regulation, including formal and informal opinions of
17 the Attorney General, of general application and future effect,
18 promulgated by an agency under statutory authority in the
19 administration of a statute administered by or relating to the
20 agency or prescribing the practice or procedure before the
21 agency.
22 Section 2. This act shall take effect in 60 days.
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