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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BARRAR, BAKER, BOYD, DENLINGER, GABLER, JOSEPHS, KAUFFMAN, MARSHALL, MICOZZIE, MILLER, MILNE, MURT, OBERLANDER, M. O'BRIEN, ROSS, TALLMAN, VEREB AND VULAKOVICH, MARCH 23, 2011 |
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| REFERRED TO COMMITTEE ON JUDICIARY, MARCH 23, 2011 |
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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 | The General Assembly of the Commonwealth of Pennsylvania |
4 | hereby enacts as follows: |
5 | Section 1. Section 1513(b) and (c) of Title 4 of the |
6 | Pennsylvania Consolidated Statutes are amended and the section |
7 | is amended by adding a subsection to read: |
8 | § 1513. Political influence. |
9 | * * * |
10 | (b) Annual certification.--The chief executive officer, or |
11 | other appropriate individual, of each applicant for a slot |
12 | machine license, manufacturer license or supplier license, |
13 | licensed racing entity, licensed supplier, licensed manufacturer |
14 | or licensed gaming entity shall annually certify under oath to |
15 | the board and the Department of State that such applicant or |
16 | licensed racing entity, licensed supplier, licensed manufacturer |
17 | or licensed gaming entity has developed and implemented internal |
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1 | safeguards and policies intended to prevent a violation of [this |
2 | provision] subsection (a) or (a.1) and that such applicant or |
3 | licensed racing entity or licensed gaming entity has conducted a |
4 | good faith investigation that has not revealed any violation of |
5 | [this provision] subsection (a) or (a.1) during the past year. |
6 | (c) Penalties.-- |
7 | (1) The first violation of [this section] subsection (a) |
8 | or (a.1) by a licensed gaming entity or any person that holds |
9 | a controlling interest in such gaming entity, or a subsidiary |
10 | company thereof, or any officer, director or management-level |
11 | employee of such licensee shall be punishable by a fine equal |
12 | to an amount not less than the average single day's gross |
13 | terminal revenue and gross table game revenue of the licensed |
14 | gaming entity; a second violation of [this section] |
15 | subsection (a) or (a.1), within five years of the first |
16 | violation, shall be punishable by at least a one-day |
17 | suspension of the license held by the licensed gaming entity |
18 | and a fine equal to an amount not less than two times the |
19 | average single day's gross terminal revenue and gross table |
20 | game revenue of the licensed gaming entity; a third violation |
21 | of [this section] subsection (a) or (a.1) within five years |
22 | of the second violation shall be punishable by the immediate |
23 | revocation of the license held by the licensed gaming entity. |
24 | Following revocation, the board shall consider appointing a |
25 | trustee in accordance with section 1332 (relating to |
26 | appointment of trustee). |
27 | (2) The first violation of [this section] subsection (a) |
28 | or (a.1) by a manufacturer or supplier licensed pursuant to |
29 | this part or by any person that holds a controlling interest |
30 | in such manufacturer or supplier, or a subsidiary company |
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1 | thereof, or any officer, director or management-level |
2 | employee of such a licensee shall be punishable by a fine |
3 | equal to an amount not less than a single day's average of |
4 | the gross profit from sales made by the manufacturer or |
5 | supplier in Pennsylvania during the preceding 12-month period |
6 | or portion thereof in the event the manufacturer or supplier |
7 | has not operated in Pennsylvania for 12 months; a subsequent |
8 | violation of [this section] subsection (a) or (a.1) within |
9 | five years of a prior violation shall be punishable by a one- |
10 | month suspension of the license held by the manufacturer or |
11 | supplier and a fine equal to an amount not less than two |
12 | times a single day's average of the gross profit from sales |
13 | made by the manufacturer or supplier in Pennsylvania during |
14 | the preceding 12-month period or portion thereof in the event |
15 | the manufacturer or supplier has not operated in Pennsylvania |
16 | for 12 months. |
17 | (3) In no event shall the fine imposed under this |
18 | section be an amount less than $100,000 for each violation. |
19 | In addition to any fine or sanction that may be imposed by |
20 | the board under this subsection, any individual who makes a |
21 | contribution in violation of [this section] subsection (a) or |
22 | (a.1) commits a misdemeanor of the third degree. |
23 | (c.1) Accepting improper contributions.--A candidate for |
24 | nomination or election to any public office in this |
25 | Commonwealth, or to any political party committee or other |
26 | political committee in this Commonwealth or to any group, |
27 | committee or association organized in support of a candidate, |
28 | political party committee or other political committee in this |
29 | Commonwealth, who knowingly and intentionally accepts a |
30 | political contribution of money or an in-kind contribution from |
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1 | an individual prohibited from making contributions under |
2 | subsection (a) commits a misdemeanor of the third degree. |
3 | * * * |
4 | Section 2. This act shall take effect in 60 days. |
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