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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY LOGAN, TARTAGLIONE, ORIE, BOSCOLA, FONTANA, FARNESE, ERICKSON, ALLOWAY, RAFFERTY, KASUNIC, WAUGH, WONDERLING, MUSTO, BROWNE, EARLL AND FERLO, MARCH 20, 2009 |
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| REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT, MARCH 20, 2009 |
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| AN ACT |
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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 are amended to read: |
8 | § 1513. Political influence. |
9 | (a) Contribution restriction.--The following persons shall |
10 | be prohibited from contributing any money or in-kind |
11 | contribution to a candidate for nomination or election to any |
12 | public office in this Commonwealth, or to any political party |
13 | committee or other political committee in this Commonwealth or |
14 | to any group, committee or association organized in support of a |
15 | candidate, political party committee or other political |
16 | committee in this Commonwealth: |
17 | (1) An applicant for a slot machine license, |
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1 | manufacturer license, supplier license, principal license, |
2 | key employee license or horse or harness racing license. |
3 | (2) A slot machine licensee, licensed manufacturer, |
4 | licensed supplier or licensed racing entity. |
5 | (3) A licensed principal or licensed key employee of a |
6 | slot machine licensee, licensed manufacturer, licensed |
7 | supplier or licensed racing entity. |
8 | (4) An affiliate, intermediary, subsidiary or holding |
9 | company of a slot machine licensee, licensed manufacturer, |
10 | licensed supplier or licensed racing entity. |
11 | (5) A licensed principal or licensed key employee of an |
12 | affiliate, intermediary, subsidiary or holding company of a |
13 | slot machine licensee, licensed manufacturer, licensed |
14 | supplier or licensed racing entity. |
15 | (6) A person who holds a similar gaming license in |
16 | another jurisdiction and the affiliates, intermediaries, |
17 | subsidiaries, holding companies, principals or key employees |
18 | thereof. |
19 | (7) A lobbyist. |
20 | * * * |
21 | (d) Definitions.--As used in this section, the following |
22 | words and phrases shall have the meanings given to them in this |
23 | subsection: |
24 | "Administrative action." Any of the following: |
25 | (1) An agency's: |
26 | (i) proposal, consideration, promulgation or |
27 | rescission of a regulation; |
28 | (ii) development or modification of a guideline or a |
29 | statement of policy; or |
30 | (iii) approval or rejection of a regulation. |
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1 | (2) The review, revision, approval or disapproval of a |
2 | regulation under the act of June 25, 1982 (P.L.633, No.181), |
3 | known as the Regulatory Review Act. |
4 | (3) The nomination or appointment of an individual as an |
5 | officer or employee of the Commonwealth. |
6 | (4) The proposal, consideration, promulgation or |
7 | rescission of an executive order. |
8 | "Contribution." Any payment, gift, subscription, assessment, |
9 | contract, payment for services, dues, loan, forbearance, advance |
10 | or deposit of money or any valuable thing made to a candidate or |
11 | political committee for the purpose of influencing any election |
12 | in this Commonwealth or for paying debts incurred by or for a |
13 | candidate or committee before or after any election. The term |
14 | shall include the purchase of tickets for events including |
15 | dinners, luncheons, rallies and other fundraising events; the |
16 | granting of discounts or rebates not available to the general |
17 | public; or the granting of discounts or rebates by television |
18 | and radio stations and newspapers not extended on an equal basis |
19 | to all candidates for the same office; and any payments provided |
20 | for the benefit of any candidate, including payments for the |
21 | services of a person serving as an agent of a candidate or |
22 | committee by a person other than the candidate or committee or |
23 | person whose expenditures the candidate or committee must |
24 | report. The term also includes any receipt or use of anything of |
25 | value received by a political committee from another political |
26 | committee and also includes any return on investments by a |
27 | political committee. |
28 | "Direct communication." An effort, whether written, oral or |
29 | by any other medium, made by a lobbyist or principal, directed |
30 | to a State official or employee, the purpose or foreseeable |
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1 | effect of which is to influence legislative action or |
2 | administrative action. |
3 | "Indirect communication." An effort, whether written, oral |
4 | or by any other medium, to encourage others, including the |
5 | general public, to take action, the purpose or foreseeable |
6 | effect of which is to directly influence legislative action or |
7 | administrative action. The term includes letter-writing |
8 | campaigns, mailings, telephone banks, print and electronic media |
9 | advertising, billboards, publications and educational campaigns |
10 | on public issues. The term does not include regularly published |
11 | periodic newsletters primarily designed for and distributed to |
12 | members of a bona fide association or charitable or fraternal |
13 | nonprofit corporation. |
14 | "Legislation." Bills, resolutions, amendments and |
15 | nominations pending or proposed in either the Senate or the |
16 | House of Representatives. The term includes any other matter |
17 | which may become the subject of action by either chamber of the |
18 | General Assembly. |
19 | "Legislative action." An action taken by a State official or |
20 | employee involving the preparation, research, drafting, |
21 | introduction, consideration, modification, amendment, approval, |
22 | passage, enactment, tabling, postponement, defeat or rejection |
23 | of legislation; legislative motions; overriding or sustaining a |
24 | veto by the Governor; or confirmation of appointments by the |
25 | Governor or of appointments to public boards or commissions by a |
26 | member of the General Assembly. |
27 | "Lobbying." An effort to influence legislative action or |
28 | administrative action. The term includes: |
29 | (1) Providing any gift, entertainment, meal, |
30 | transportation or lodging to an individual elected or |
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1 | appointed to a position in State government or employed by |
2 | State government, whether compensated or uncompensated, who |
3 | is involved in legislative action or administrative action |
4 | for the purpose of advancing the interest of an applicant or |
5 | licensed entity. |
6 | (2) Direct or indirect communication. |
7 | "Lobbyist." Any person, firm, association, corporation, |
8 | partnership, business trust or business entity that engages in |
9 | lobbying on behalf of an applicant or licensed entity for |
10 | economic consideration. |
11 | "Political committee." Any committee, club, association or |
12 | other group of persons which receives contributions or makes |
13 | expenditures. |
14 | "Regulation." Any rule, regulation or order in the nature of |
15 | a rule or regulation, including formal and informal opinions of |
16 | the Attorney General, of general application and future effect, |
17 | promulgated by an agency under statutory authority in the |
18 | administration of a statute administered by or relating to the |
19 | agency or prescribing the practice or procedure before the |
20 | agency. |
21 | Section 2. This act shall take effect in 60 days. |
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