Bill Text: PA HB990 | 2011-2012 | Regular Session | Introduced

---

Bill Title: Prohibiting certain contributions by wine and spirit store licensees and affiliated persons.

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Introduced - Dead) 2011-03-14 - Referred to LIQUOR CONTROL [HB990 Detail]

Download: Pennsylvania-2011-HB990-Introduced.html

---

PRINTER'S NO. 1093
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 990 Session of2011
INTRODUCED BY DePASQUALE, BRENNAN, CREIGHTON, CUTLER, HARKINS, JOSEPHS, MYERS, PASHINSKI, STURLA, KAVULICH AND HORNAMAN, MARCH 14, 2011
REFERRED TO COMMITTEE ON LIQUOR CONTROL, MARCH 14, 2011
AN ACT
Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
"An act concerning elections, including general, municipal,
special and primary elections, the nomination of candidates,
primary and election expenses and election contests; creating
and defining membership of county boards of elections;
imposing duties upon the Secretary of the Commonwealth,
courts, county boards of elections, county commissioners;
imposing penalties for violation of the act, and codifying,
revising and consolidating the laws relating thereto; and
repealing certain acts and parts of acts relating to
elections," prohibiting certain contributions by wine and
spirit store licensees and affiliated persons.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 3, 1937 (P.L.1333, No.320), known
as the Pennsylvania Election Code, is amended by adding a
section to read:
Section 1633.1. Contributions by Wine and Spirit Store
Licensees and Affiliated Persons.--(a) To prevent the actual or
appearance of corruption that may result from campaign
contributions by individuals associated with the highly
regulated wine and spirit stores and notwithstanding any other
provision of law, the following persons shall be prohibited from
contributing any money or in-kind contribution to a candidate
for nomination or election to any public office in this
Commonwealth, or to any political party committee or other
political committee in this Commonwealth or to any group,
committee or association organized in support of a candidate,
political party committee or other political committee in this
Commonwealth:
(1) An applicant for a license.
(2) A licensee.
(3) A principal or key employe of an applicant or licensee.
(4) An affiliate, intermediary, subsidiary or holding
company of an applicant or a licensee.
(5) A principal or key employe of an affiliate,
intermediary, subsidiary or holding company of an applicant or a
licensee.
(6) A person who holds a similar license in another
jurisdiction outside of this Commonwealth and the affiliates,
intermediaries, subsidiaries, holding companies, principals or
key employes of that person.
(b) The individuals prohibited from making political
contributions under subsection (a) shall not make a political
contribution of money or an in-kind contribution to any
association or organization, including a nonprofit organization,
that has been solicited by, or knowing that the contribution or
a portion thereof will be contributed to, the elected official,
executive-level public employe or candidate for nomination or
election to a public office in this Commonwealth.
(c) (1) The first violation of this section by a person
listed under subsection (a), or any person that holds a
20110HB0990PN1093 - 2 -
controlling interest in that entity, or a subsidiary company
thereof, and any officer, director or management-level employe
of that entity shall be punishable by a fine of not less than
two thousand five hundred dollars ($2,500).
(2) A second violation of this section, within five (5)
years of the first violation, shall be punishable by at least a
one-day suspension of the license held by the entity and a fine
of not less than five thousand dollars ($5,000).
(3) A third violation of this section within five (5) years
of the second violation shall be punishable by the immediate
revocation of the license held by the entity.
(4) In addition to any fine or sanction that may be imposed
by the board, any person who makes a contribution in violation
of this section commits a misdemeanor of the third degree.
(d) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection:
"Contribution." Any payment, gift, subscription, assessment,
contract, payment for services, dues, loan, forbearance, advance
or deposit of money or any valuable thing made to a candidate or
political committee for the purpose of influencing any election
in this Commonwealth or for paying debts incurred by or for a
candidate or committee before or after any election. The term
shall include:
(1) The purchase of tickets for events including dinners,
luncheons, rallies and other fundraising events.
(2) The granting of discounts or rebates not available to
the general public or the granting of discounts or rebates by
television and radio stations and newspapers not extended on an
equal basis to all candidates for the same office.
(3) Any payments provided for the benefit of any candidate,
20110HB0990PN1093 - 3 -
including payments for the services of a person serving as an
agent of a candidate or committee by a person other than the
candidate or committee or person whose expenditures the
candidate or committee must report.
(4) Any receipt or use of anything of value received by a
political committee from another political committee and also
includes any return on investments by a political committee.
"License." Any of the following:
(1) A license for the operation of a wine and spirits store
for the retail sale of wine and liquor for off-premises
consumption.
(2) A license for the operation of a wine and spirits
wholesale and warehousing business for the sale of wine and
spirits to retail licensees that are authorized to sell wine and
spirits for on-premises and off-premises consumption.
"Licensee." A person who holds a license.
"Political committee." Any committee, club, association or
other group of persons which receives contributions or makes
expenditures.
Section 2. The Secretary of State shall, upon the
privatization of the State stores selling liquor in this
Commonwealth, submit notice of the privatization to the
Legislative Reference Bureau for publication in the Pennsylvania
Bulletin.
Section 3. This act shall take effect upon publication of
the notice under section 2.
20110HB0990PN1093 - 4 -