| CORRECTIVE REPRINTHOUSE AMENDED |
| PRIOR PRINTER'S NOS. 1196, 1247, 1460, 1464, 1468, 1544 | PRINTER'S NO. 1545 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY EARLL, MELLOW, FONTANA, WOZNIAK, M. WHITE, WARD, TOMLINSON, TARTAGLIONE, ERICKSON, MUSTO, WASHINGTON, PIPPY, YAW, DINNIMAN, KASUNIC, LEACH, FARNESE, PILEGGI, ARGALL, ORIE, RAFFERTY, STACK AND COSTA, JUNE 22, 2009 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, DECEMBER 14, 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 legislative intent and for |
3 | the definitions of "conviction," "licensed entity" and "slot |
4 | machine licensee"; providing for the definitions of |
5 | "executive-level public employee," "licensed entity |
6 | representative" and "trustee"; further providing for the |
7 | Pennsylvania Gaming Control Board, for powers of the board |
8 | and for code of conduct; providing for expenses of |
9 | Pennsylvania Gaming Control Board; further providing for |
10 | license or permit application hearing process and public |
11 | hearings, for board minutes and records, for regulatory |
12 | authority of board, for collection of fees and fines, for |
13 | slot machine license fee, for reports of board, for license |
14 | or permit prohibition, for slot machine license application |
15 | character requirements, for applications for license or |
16 | permit, for supplier licenses, for manufacturer licenses, for |
17 | additional licenses and permits and approval of agreements, |
18 | for license renewals, for change in ownership or control of |
19 | slot machine licensees and for nonportability of slot machine |
20 | license; providing for appointment of trustee; further |
21 | providing for Pennsylvania Gaming Economic Development and |
22 | Tourism Fund, for transfers from State Gaming Fund and for |
23 | financial and employment interests; providing for |
24 | prosecutorial and adjudicative functions; and further |
25 | providing for investigations and enforcement and for conduct |
26 | of public officials and employees. |
27 | Amending Title 4 (Amusements) of the Pennsylvania Consolidated | <-- |
28 | Statutes, further providing for legislative intent, for |
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1 | definitions, for the Pennsylvania Gaming Control Board |
2 | established, for applicability of other statutes, for powers |
3 | of the board and for code of conduct; providing for expenses |
4 | of regulatory agencies; further providing for licensed gaming |
5 | entity application appeals from board, for license or permit |
6 | application hearing process and public hearings, for board |
7 | minutes and records, for regulatory authority of board, for |
8 | collection of fees and fines, for slot machine license fee, |
9 | for number of slot machines and for reports of board; |
10 | providing for report by slot machine licensee; further |
11 | providing for diversity goals of board and for license or |
12 | permit prohibition; providing for specific authority to |
13 | suspend slot machine license and for Auditor General's | <-- |
14 | reports; further providing for Category 3 slot machine |
15 | license, for applications for license or permit, for slot |
16 | machine license application character requirements, for slot |
17 | machine license application financial fitness requirements, |
18 | for supplier licenses and for manufacturer licenses; |
19 | providing for gaming service provider and for alternative |
20 | supplier licensing standards; further providing for |
21 | occupation permit application, for additional licenses and |
22 | permits and approval of agreements, for license renewals, for |
23 | change in ownership or control of slot machine licensee and |
24 | for nonportability of slot machine license; providing for |
25 | appointment of trustee and for additional table game | <-- |
26 | assessment; authorizing table games; further providing for |
27 | slot machine license deposits; providing for limitation on |
28 | recovery of costs; further providing for gross terminal |
29 | revenue deductions, for itemized budget reporting, for |
30 | establishment of State Gaming Fund and net slot machine |
31 | revenue distribution, for distributions from Pennsylvania |
32 | Race Horse Development Fund, for Pennsylvania Gaming Economic |
33 | Development and Tourism Fund, for transfers from State Gaming |
34 | Fund, for responsibility and authority of Department of |
35 | Revenue, for wagering on credit, and for no eminent domain | <-- |
36 | authority,; providing for deteriorated designations; further | <-- |
37 | providing for compulsive and problem gambling program, for |
38 | labor hiring preferences, for declaration of exemption from |
39 | Federal laws prohibiting slot machines and for financial and |
40 | employment interests; providing for additional restrictions; |
41 | further providing for political influence, for regulation |
42 | requiring exclusion of certain persons; providing for |
43 | prosecutorial and adjudicative functions; further providing |
44 | for investigations and enforcement, for conduct of public |
45 | officials and employees and for prohibited acts and |
46 | penalties; providing for additional authority and for report |
47 | of suspicious transactions; further providing for |
48 | interception of oral communications; providing for electronic |
49 | funds transfer terminals; regulating junkets; and providing |
50 | for gaming schools. |
51 | Amending Titles 4 (Amusements) and 64 (Public Authorities and | <-- |
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1 | Quasi-Public Corporations) of the Pennsylvania Consolidated |
2 | Statutes, making extensive revisions to provisions on gaming, |
3 | in the areas of legislative intent, definitions, the |
4 | Pennsylvania Gaming Control Board, applicability of other |
5 | statutes, powers of the board, code of conduct, expenses of |
6 | regulatory agencies, licensed gaming entity application |
7 | appeals from board, license or permit application hearing |
8 | process and public hearings, board minutes and records, |
9 | regulatory authority, collection of fees and fines, slot |
10 | machine license fee, number of slot machines, reports of |
11 | board, diversity goals of board, license or permit |
12 | prohibition, specific authority to suspend slot machine |
13 | license, Category 2 slot machine license, Category 3 slot |
14 | machine license, number of slot machine licenses, |
15 | applications for license or permit, slot machine license |
16 | application, slot machine license application character |
17 | requirements, supplier licenses, manufacturer licenses, |
18 | gaming service provider, occupation permit application, |
19 | alternative manufacturer licensing standards, alternative |
20 | supplier licensing standards, additional licenses and permits |
21 | and approval of agreements, license renewals, change in |
22 | ownership or control of slot machine licensee, nonportability |
23 | of slot machine license, appointment of trustee, table games, |
24 | slot machine licensee deposits, gross terminal revenue |
25 | deductions, itemized budget reporting, establishment of State |
26 | Gaming Fund and net slot machine revenue distribution, |
27 | distributions from Pennsylvania Race Horse Development Fund, |
28 | Pennsylvania Gaming Economic Development and Tourism Fund, |
29 | transfers from State Gaming Fund, responsibility and |
30 | authority of Department of Revenue, wagering on credit, |
31 | eminent domain authority, compulsive and problem gambling |
32 | program, drug and alcohol treatment, labor hiring |
33 | preferences, declaration of exemption from Federal laws |
34 | prohibiting slot machines, financial and employment |
35 | interests, additional restrictions, political influence, |
36 | regulation requiring exclusion of certain persons, |
37 | prosecutorial and adjudicative functions, investigations and |
38 | enforcement, conduct of public officials and employees, |
39 | prohibited acts and penalties, report of suspicious |
40 | transactions, additional authority, applicability of Clean |
41 | Indoor Air Act, liquor licenses at licensed facilities, |
42 | interception of oral communications, electronic funds |
43 | transfer terminals, junkets, gaming schools and |
44 | appropriations; further providing for powers and duties of |
45 | the Commonwealth Financing Authority; and making related |
46 | repeals. |
47 | The General Assembly of the Commonwealth of Pennsylvania |
48 | hereby enacts as follows: |
49 | Section 1. Section 1102(11) of Title 4 of the Pennsylvania |
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1 | Consolidated Statutes is amended and the section is amended by |
2 | adding paragraphs to read: |
3 | § 1102. Legislative intent. |
4 | The General Assembly recognizes the following public policy |
5 | purposes and declares that the following objectives of the |
6 | Commonwealth are to be served by this part: |
7 | * * * |
8 | (10.1) The General Assembly has a compelling interest in |
9 | protecting the integrity of both the electoral process and |
10 | the legislative process by preventing corruption and the |
11 | appearance of corruption which may arise through permitting |
12 | campaign contributions by the gaming industry. |
13 | (11) It is necessary to maintain the integrity of the |
14 | regulatory control and legislative oversight over the |
15 | operation of slot machines in this Commonwealth; to prevent |
16 | the actual or appearance of corruption that may result from |
17 | [large] campaign contributions; ensure the bipartisan |
18 | administration of this part; and avoid actions that may erode |
19 | public confidence in the system of representative government. |
20 | (11.1) Completely banning political CAMPAIGN |
21 | contributions by certain individuals and entities subject to |
22 | this act is necessary to prevent corruption, or the |
23 | appearance of corruption, that may arise when politics and |
24 | gaming are intermingled. |
25 | Section 2. The definitions of "conviction," licensed entity" |
26 | and "slot machine licensee" in section 1103 of Title 4 are |
27 | amended and the section is amended by adding definitions to |
28 | read: |
29 | § 1103. Definitions. |
30 | The following words and phrases when used in this part shall |
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1 | have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | * * * |
4 | "Conviction." A finding of guilt or a plea of guilty or nolo |
5 | contendere, whether or not a judgment of sentence has been |
6 | imposed as determined by the law of the jurisdiction in which |
7 | the prosecution was held. The term does not include a conviction |
8 | that has been expunged or overturned or for which an individual |
9 | has been pardoned or an order of Accelerated Rehabilitative |
10 | Disposition which has been issued. |
11 | * * * |
12 | "Executive-level public employee." The term shall include |
13 | the following: |
14 | (1) Deputy Secretaries of the Commonwealth and the |
15 | Governor's Office executive staff. |
16 | (2) An employee of the executive branch with |
17 | discretionary power which may affect or influence the outcome |
18 | of a State agency's action or decision and who is involved in |
19 | the development of regulations or policies relating to a |
20 | licensed entity or who is involved in other matters under |
21 | this part. The term shall include an employee with law |
22 | enforcement authority. |
23 | (3) An employee of a county or municipality with |
24 | discretionary powers which may affect or influence the |
25 | outcome of the county's or municipality's action or decision |
26 | and who is involved in the development of law, regulation or |
27 | policy relating to a licensed entity or who is involved in |
28 | other matters under this part. The term shall include an |
29 | employee with law enforcement authority. |
30 | (4) An employee of a department, agency, board, |
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1 | commission, authority or other governmental body not included |
2 | in paragraph (1), (2) or (3) with discretionary power which |
3 | may affect or influence the outcome of the governmental |
4 | body's action or decision and who is involved in the |
5 | development of regulation or policy relating to a licensed |
6 | entity or who is involved in other matters under this part. |
7 | The term shall include an employee with law enforcement |
8 | authority. |
9 | * * * |
10 | "Licensed entity[.]" or "licensee." Any slot machine |
11 | licensee, manufacturer licensee, supplier licensee or other |
12 | person licensed by the Pennsylvania Gaming Control Board under |
13 | this part. |
14 | "Licensed entity representative." A person acting on behalf |
15 | of or representing the interest of any applicant, licensee, |
16 | permittee or registrant, including an attorney, agent or |
17 | lobbyist, regarding any matter which may reasonably be expected |
18 | to come before the board. |
19 | * * * |
20 | ["Slot machine licensee." A person that holds a slot machine |
21 | license.] |
22 | * * * |
23 | "Trustee." A fiduciary appointed by the Pennsylvania Gaming |
24 | Control Board to preserve the viability of a licensed facility |
25 | and the integrity of gaming in this Commonwealth. |
26 | * * * |
27 | Section 3. Section 1201(b), (b.1), (f)(3), (h)(5), (7.1), |
28 | (10), (11), (13), (14) and (15) and (k) of Title 4 are amended, |
29 | subsection (h) is amended by adding paragraphs and the section |
30 | is amended by adding a subsection to read: |
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1 | § 1201. Pennsylvania Gaming Control Board established. |
2 | * * * |
3 | (b) Membership.-- |
4 | (1) The board shall consist of the following members: |
5 | [(1)] (i) Three members appointed by the Governor. |
6 | [(2)] (ii) One member appointed by each of the |
7 | following: |
8 | [(i)] (A) The President pro tempore of the |
9 | Senate. |
10 | [(ii)] (B) The Minority Leader of the Senate. |
11 | [(iii)] (C) The Speaker of the House of |
12 | Representatives. |
13 | [(iv)] (D) The Minority Leader of the House of |
14 | Representatives. |
15 | (2) The chairman of the Community, Economic and |
16 | Recreational Development Committee of the Senate may hold a |
17 | public hearing on an appointee under paragraph (1). |
18 | (b.1) Removal.--A member of the board shall serve at the |
19 | pleasure of the appointing authority and shall be removed from |
20 | office by the appointing authority: |
21 | (1) for misconduct in office, willful neglect of duty or |
22 | conduct evidencing unfitness for office or incompetence; or |
23 | (2) upon conviction of an offense graded as a felony, an |
24 | infamous crime, an offense under this part or an equivalent |
25 | offense under Federal law or the law of another jurisdiction. |
26 | * * * |
27 | (f) Qualified majority vote.-- |
28 | * * * |
29 | (3) Notwithstanding any other provision of this part or |
30 | 65 Pa.C.S. § 1103(j) (relating to restricted activities), a |
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1 | member shall disclose the nature of his disqualifying |
2 | interest, disqualify himself and abstain from voting in a |
3 | proceeding under this part in which his objectivity, |
4 | impartiality, integrity or independence of judgment may be |
5 | reasonably questioned, as provided in subsection (h)(6) or |
6 | section 1202.1(c)(3) (relating to code of conduct). If a |
7 | legislative appointee has disqualified himself, the qualified |
8 | majority shall consist of all of the remaining legislative |
9 | appointees and at least two gubernatorial appointees. |
10 | * * * |
11 | (h) Qualifications and restrictions.-- |
12 | * * * |
13 | (4.1) No member appointed after the effective date of |
14 | this paragraph shall engage in any business, employment or |
15 | vocation for which the member shall receive any COMPENSATION |
16 | OR remuneration except for an individual who is reappointed |
17 | and who is a member of the board on the effective date of |
18 | this paragraph. |
19 | (5) No member shall be paid or receive any fee or other |
20 | compensation other than salary and expenses provided by law |
21 | for any activity related to the duties or authority of the |
22 | board. [Nothing in this part shall prohibit a member from |
23 | engaging in any employment or receiving any compensation for |
24 | such employment that is not connected to or incompatible with |
25 | his service as a member of the board.] |
26 | * * * |
27 | (7.1) Prior to being sworn as a member, an appointee and |
28 | his immediate family shall divest any financial interest in |
29 | any applicant, licensed facility or licensed entity and in an |
30 | affiliate, intermediary, subsidiary or holding company |
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1 | thereof owned or held by the appointee or known to be held by |
2 | the appointee's immediate family. For the duration of the |
3 | member's term and for [one year] two years thereafter, the |
4 | member and the member's immediate family may not acquire a |
5 | financial interest in any applicant, licensed facility or |
6 | licensed entity or in an affiliate, intermediary, subsidiary |
7 | or holding company thereof. For purposes of this paragraph, |
8 | the term "immediate family" shall mean spouse and any minor |
9 | or unemancipated child. |
10 | * * * |
11 | (10) No former member may appear before the board in any |
12 | hearing or proceeding or participate in any other activity on |
13 | behalf of any applicant, licensed entity, or an affiliate, |
14 | intermediary, subsidiary or holding company thereof, or any |
15 | other licensee or permittee for a period of two years from |
16 | the termination of term of office. |
17 | (11) No member, employee or independent contractor of |
18 | the board shall accept a complimentary service, wager or be |
19 | paid any prize from any wager at any licensed facility within |
20 | this Commonwealth or at any other facility outside this |
21 | Commonwealth which is owned or operated by a licensed gaming |
22 | entity or any of its affiliates, intermediaries, subsidiaries |
23 | or holding companies thereof for the duration of their term |
24 | of office, employment or contract with the board and for a |
25 | period of [one year] two years from the termination of term |
26 | of office, employment or contract with the board. The |
27 | provisions of this paragraph prohibiting wagering during the |
28 | term of employment shall not apply to employees [who] when |
29 | the employees utilize slot machines for testing purposes or |
30 | to verify the performance of a machine as part of an |
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1 | enforcement investigation. |
2 | * * * |
3 | (13) No employee of the board [or individual employed by |
4 | an independent contractor of the board] whose duties |
5 | substantially involve licensing[,] or enforcement [or], the |
6 | development or adoption of laws, regulations or policy or who |
7 | has other discretionary authority which may affect the |
8 | outcome of an action or decision under this part, including |
9 | the executive director, bureau directors and attorneys, shall |
10 | do any of the following: |
11 | (i) [accept] Accept employment with or be retained |
12 | by an applicant or licensed entity, or an affiliate, |
13 | intermediary, subsidiary or holding company thereof, for |
14 | a period of [one year] two years after the termination of |
15 | the employment relating to the conduct of gaming [or |
16 | contract with the board; or]. |
17 | (ii) [appear] Appear before the board in any hearing |
18 | or proceeding or participate in any other activity on |
19 | behalf of any applicant, licensee, permittee or licensed |
20 | entity, or an affiliate, intermediary, subsidiary or |
21 | holding company thereof, for a period of two years after |
22 | termination of the employment [or contract with the |
23 | board]. |
24 | (iii) As a condition of employment, an employee |
25 | under this paragraph shall sign an affidavit that the |
26 | employee will not accept employment with or be retained |
27 | by any applicant, licensed entity or an affiliate, |
28 | intermediary, subsidiary or holding company thereof for a |
29 | period of two years from the termination of employment. |
30 | An applicant or licensed entity or an affiliate, |
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1 | intermediary, subsidiary or holding company thereof shall |
2 | not employ or retain an individual who signed an |
3 | affidavit signed under this subparagraph. An applicant or |
4 | licensed entity or an affiliate, intermediary, subsidiary |
5 | or holding company that knowingly employs or retains an |
6 | individual in violation of this subparagraph shall be |
7 | subject to a penalty under section 1518(c) (relating to |
8 | prohibited acts; penalties). |
9 | (13.1) No independent contractor or individual employed |
10 | by an independent contractor of the board whose duties |
11 | substantially involve consultation relating to licensing, |
12 | enforcement or the development or adoption of regulations or |
13 | policy under this part shall: |
14 | (i) Accept employment with or be retained by an |
15 | applicant or a licensed entity or an affiliate, |
16 | intermediary, subsidiary or holding company thereof for a |
17 | period of one year after the termination of the contract |
18 | with the board. |
19 | (ii) Appear before the board in any hearing or |
20 | proceeding or participate in any other activity on behalf |
21 | of an applicant, licensee, permittee or licensed entity |
22 | or an affiliate, intermediary, subsidiary or holding |
23 | company of an applicant, licensee, permittee or licensed |
24 | entity for a period of two years after termination of the |
25 | contract with the board. |
26 | (iii) As a condition of a contract, an independent |
27 | contractor or individual employed by an independent |
28 | contractor of the board under this paragraph shall sign |
29 | an affidavit to not accept employment with or be retained |
30 | by any applicant, licensed entity or an affiliate, |
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1 | intermediary, subsidiary or holding company of an |
2 | applicant, licensed entity or affiliate for a period of |
3 | one year from the termination of employment. A licensed |
4 | entity or an affiliate, intermediary, subsidiary or |
5 | holding company of an applicant, licensed entity or |
6 | affiliate shall not employ or retain an individual who |
7 | signed an affidavit signed under this subparagraph. A |
8 | licensed entity or an affiliate, intermediary, subsidiary |
9 | or holding company thereof that knowingly employs or |
10 | retains an individual in violation of this subparagraph |
11 | shall be subject to a penalty under section 1518(c). |
12 | (14) Upon the written request of an employee of the |
13 | board, the executive branch of the Commonwealth or a |
14 | political subdivision or of the agency or political |
15 | subdivision employing an employee, the State Ethics |
16 | Commission shall determine whether the individual's duties |
17 | substantially involve the development or adoption of laws, |
18 | regulations or policy, licensing or enforcement under this |
19 | part or other discretionary authority which may affect the |
20 | outcome of an action or decision under this part and shall |
21 | provide a written determination to the employee to include |
22 | any prohibition under this paragraph. An individual who |
23 | relies in good faith on a determination under this paragraph |
24 | shall not be subject to any penalty for an action taken, |
25 | provided that all material facts set forth in the request for |
26 | a determination are correct. |
27 | (15) If a member[, employee or independent contractor] |
28 | of the board violates any provision of this section, the |
29 | appointing authority [or the board may, upon notice and |
30 | hearing,] may remove the person from the board[, withdraw the |
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1 | appointment or]. A member removed under this paragraph shall |
2 | be prohibited from future appointment to the board and shall |
3 | be prohibited from applying for a license or permit, from |
4 | becoming an independent contractor of the board, or |
5 | registering as a licensed entity representative for a period |
6 | of five years from the date of removal from the board. If an |
7 | employee or independent contractor of the board violates any |
8 | provision of this section, the board may, upon notice and |
9 | hearing, terminate the employment or contract, and the person |
10 | shall be ineligible for future [appointment,] employment or |
11 | contract with the board and [for approval of a license or |
12 | permit under this part for a period of two years thereafter] |
13 | shall be prohibited from applying for a license or permit, |
14 | becoming an independent contractor or registering as a |
15 | licensed entity representative for a period of five years |
16 | from the date of termination of the employment or contract. |
17 | * * * |
18 | (k) Appointments.--[The appointing authorities] Following |
19 | the initial appointment of members under subsection (b), the |
20 | appointing authority shall make [their initial] appointments |
21 | within 60 days of [the effective date of this part] a vacancy in |
22 | an office. No appointment shall be final until receipt by the |
23 | appointing authority of the required background investigation of |
24 | the appointee by the Pennsylvania State Police which shall be |
25 | completed within 30 days. No person who has been convicted in |
26 | any domestic or foreign jurisdiction of a felony, infamous crime |
27 | or gaming offense shall be appointed to the board. |
28 | * * * |
29 | (m.1) Budgetary impasse.--If, in the event of a budgetary or |
30 | other fiscal crisis, the Governor implements a system in order |
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1 | to ORDERS THE furlough OF employees or close THE CLOSING OF any |
2 | Commonwealth agency, the board and its employees and all |
3 | employees of the Department of Revenue, the Pennsylvania State |
4 | Police and the Office of Attorney General whose duties involve |
5 | the regulation and oversight of gaming under this part shall not |
6 | be subject to furlough but shall continue to perform their |
7 | duties. |
8 | * * * |
9 | Section 4. Section 1202(a)(4) and (b)(7), (23) and (30) of |
10 | Title 4 are amended and subsections (a) and (b) are amended by |
11 | adding paragraphs to read: |
12 | § 1202. General and specific powers. |
13 | (a) General powers.-- |
14 | * * * |
15 | [(4) The board shall establish a system of |
16 | classification and compensation of its employees and shall |
17 | not be subject to the provisions of the act of April 9, 1929 |
18 | (P.L.177, No.175), known as The Administrative Code of 1929, |
19 | as to classification and compensation for its employees and |
20 | conduct its activities consistent with the practices and |
21 | procedures of Commonwealth agencies.] |
22 | (4.1) Within 90 days of the effective date of this |
23 | paragraph, the board shall establish a system of |
24 | classification and compensation of its employees and shall be |
25 | subject to the provisions of the act of April 9, 1929 |
26 | (P.L.177, No.175), known as The Administrative Code of 1929, |
27 | as to classification and compensation for its employees and |
28 | conduct its activities consistent with the practices and |
29 | procedures of Commonwealth agencies. The provisions of this |
30 | paragraph shall apply to employees hired after the effective |
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1 | date of this paragraph. Nothing in this paragraph shall |
2 | prevent the board from altering a system, or establishing a |
3 | new system, of classification or compensation for employees |
4 | hired prior to the effective date of this section. |
5 | * * * |
6 | (b) Specific powers.--The board shall have the specific |
7 | power and duty: |
8 | * * * |
9 | (7) To administer oaths, examine witnesses and issue |
10 | subpoenas compelling the attendance of witnesses or the |
11 | production of documents and records or other evidence[. The |
12 | provisions of this paragraph shall apply to designated |
13 | officers and employees.], or to designate officers or |
14 | employees to perform these duties. |
15 | (7.1) To order a person to answer a question or produce |
16 | evidence of any kind. If, in the course of an investigation |
17 | or hearing conducted under this part, a person refuses to |
18 | answer a question or to produce evidence on the grounds that |
19 | the answer or evidence will expose the person to criminal |
20 | prosecution, the board may adopt a resolution recommending a |
21 | grant of immunity that includes the specific question to be |
22 | posed or information or evidence being sought from the person |
23 | as follows: |
24 | (i) The resolution shall be submitted to the |
25 | Attorney General for approval or disapproval within 20 |
26 | days of receipt of the resolution. Upon the written |
27 | approval of the Attorney General, the board may issue an |
28 | order to compel the person to answer or produce evidence |
29 | with immunity. |
30 | (ii) If the person who is the subject of the |
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1 | immunity order provides the answer or evidence, the |
2 | person shall be immune from criminal prosecution based on |
3 | the answer or evidence that was the subject of the |
4 | immunity order. |
5 | (iii) The person may be prosecuted for perjury |
6 | committed in the answer or production of evidence or held |
7 | in contempt for failing to give an answer or produce |
8 | evidence in accordance with the order. The answer or |
9 | evidence shall be admissible only against the person in a |
10 | criminal investigation, or a trial or other proceeding |
11 | for perjury or contempt. |
12 | (iv) Immunity under this paragraph shall not |
13 | preclude the use of any other remedy or sanction |
14 | authorized by law. |
15 | * * * |
16 | (23) The board shall not issue or renew a license or |
17 | permit unless it is satisfied that the applicant has |
18 | demonstrated by clear and convincing evidence that the |
19 | applicant is a person of good character, honesty and |
20 | integrity and is a person whose prior activities, criminal |
21 | record, if any, reputation, habits and associations do not |
22 | pose a threat to the public interest or the effective |
23 | regulation and control of slot machine operations or create |
24 | or enhance the danger of unsuitable, unfair or illegal |
25 | practices, methods and activities in the conduct of slot |
26 | machine operations or the carrying on of the business and |
27 | financial arrangements incidental thereto. |
28 | * * * |
29 | (30) To promulgate rules and regulations necessary for |
30 | the administration and enforcement of this part, including |
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1 | regulations in cooperation with the Pennsylvania Liquor |
2 | Control Board and regulations relating to the sale and |
3 | service of liquor and malt and brewed beverages by licensees. |
4 | [Except as provided in section 1203 (relating to temporary |
5 | regulations), regulations] Regulations shall be adopted |
6 | pursuant to the act of July 31, 1968 (P.L.769, No.240), |
7 | referred to as the Commonwealth Documents Law, and the act of |
8 | June 25, 1982 (P.L.633, No.181), known as the Regulatory |
9 | Review Act. |
10 | (31) To collect and post information on its Internet |
11 | website with sufficient detail to inform the public of the |
12 | controlling interest or ownership interest of an applicant |
13 | for a slot machine license or a licensed gaming entity or |
14 | affiliate, intermediary, subsidiary or holding company |
15 | thereof. The posting shall include: |
16 | (i) The names of all persons with a controlling |
17 | interest in a publicly traded domestic or foreign |
18 | corporation, partnership, limited liability company or |
19 | other legal entity. |
20 | (ii) The names of all persons who own a financial |
21 | equity share or interest with an ownership interest equal |
22 | to or greater than 1% of a privately held domestic or |
23 | foreign corporation, partnership, limited liability |
24 | company or other legal entity. |
25 | (iii) The name of a trustee entitled to cast the |
26 | vote of a person under subparagraph (i) or (ii). |
27 | (iv) The names of all officers, directors, |
28 | principals and key employees of a licensed gaming entity. |
29 | (32) To appoint a trustee as prescribed in section 1332 |
30 | (relating to appointment of trustee) to act on behalf of the |
|
1 | Commonwealth and the board to operate a licensed facility and |
2 | ensure compliance with this part. |
3 | Section 5. Section 1202.1 of Title 4 is amended to read: |
4 | § 1202.1. Code of conduct. |
5 | (a) Scope.--The board shall adopt a comprehensive code of |
6 | conduct prior to the consideration of any license, permit or |
7 | registration application. The code of conduct shall supplement |
8 | all other requirements under this part and 65 Pa.C.S. Pt. II |
9 | (relating to accountability) and shall provide guidelines |
10 | applicable to members, employees, independent contractors of the |
11 | board and the immediate families of the members, as defined in |
12 | subsection (e), employees and independent contractors to enable |
13 | them to avoid any perceived or actual conflict of interest and |
14 | to promote public confidence in the integrity and impartiality |
15 | of the board. At a minimum, the code of conduct adopted under |
16 | this section shall include registration of licensed entity |
17 | representatives under subsection (b) and the restrictions under |
18 | [subsection (c)] subsections (c) and (c.1). |
19 | (b) Registration.-- |
20 | (1) A licensed entity representative shall register with |
21 | the board in a manner prescribed by the board, which shall |
22 | include the name, employer or firm, address, telephone number |
23 | of both the licensed entity representative and the [licensed |
24 | entity] applicant, licensee, permittee or registrant or |
25 | individual being represented. |
26 | (2) A licensed entity representative shall have an |
27 | [ongoing] affirmative duty to update its registration |
28 | information on an ongoing basis. |
29 | (3) The [registration list] board shall maintain a |
30 | registration list which shall contain the information |
|
1 | required under paragraph (1) and which shall be available for |
2 | public inspection at the offices of the board and on the |
3 | board's Internet website. |
4 | (c) Restrictions.--A member of the board shall: |
5 | (1) Not engage in any ex parte communication with any |
6 | person. |
7 | (2) Not accept any discount, gift, gratuity, |
8 | compensation, travel, lodging or other thing of value, |
9 | directly or indirectly, from any applicant, [licensee,] |
10 | licensed entity, including any affiliate, subsidiary, |
11 | intermediary or holding company thereof, permittee, |
12 | registrant or licensed entity representative thereof. |
13 | (3) Disclose and [disqualify] recuse himself from any |
14 | hearing or other proceeding in which the member's |
15 | objectivity, impartiality, integrity or independence of |
16 | judgment may be reasonably questioned due to the member's |
17 | relationship or association with a party connected to any |
18 | hearing or proceeding or a person appearing before the board. |
19 | (4) Refrain from any financial or business dealing which |
20 | would tend to reflect adversely on the member's objectivity, |
21 | impartiality or independence of judgment. |
22 | (5) Not hold or campaign for public office, hold an |
23 | office in any political party or political committee as |
24 | defined in section 1513(d)(relating to political influence), |
25 | contribute to or solicit contributions to a political |
26 | campaign, [party,] political party, political committee or |
27 | candidate, publicly endorse a candidate or actively |
28 | participate in a political campaign. |
29 | (6) Not solicit funds for any charitable, educational, |
30 | religious, health, fraternal, civic or other nonprofit entity |
|
1 | from an applicant, licensed entity or affiliate, subsidiary, |
2 | intermediary or holding company of a licensed entity, |
3 | interested party, permittee or licensed entity |
4 | representative. [A] Unless prohibited under § 1201(h)(4.1) |
5 | (relating to Pennsylvania Gaming Control Board established), |
6 | a board member may serve as an officer, employee or member of |
7 | the governing body of a nonprofit entity and may attend, make |
8 | personal contributions to and plan or preside over the |
9 | entity's fundraising events. A board member may permit his |
10 | name to appear on the letterhead used for fundraising events |
11 | if the letterhead contains only the board member's name and |
12 | position with the nonprofit entity. |
13 | (7) Not meet or engage in discussions with any |
14 | applicant, [person licensed under this part] licensed entity, |
15 | permittee, [or a] licensed entity representative or person |
16 | who provides goods, property or services to a slot machine |
17 | licensee unless the meeting or discussion occurs on the |
18 | business premises of the board and is recorded in a log |
19 | maintained for this purpose. The log shall be available for |
20 | public inspection during the regular business hours of the |
21 | board and shall be posted on the board's Internet website. |
22 | The log shall include the date and time of the meeting or |
23 | discussion, the names of the participants and the subject |
24 | matter discussed. The provisions of this paragraph shall not |
25 | apply to meetings [of the board] to consider matters |
26 | requiring the physical inspection of the equipment or |
27 | premises of an applicant or a licensed entity at [their] the |
28 | location of the licensed facility. |
29 | (8) Avoid impropriety and the appearance of impropriety |
30 | at all times and observe standards and conduct that promote |
|
1 | public confidence in the oversight of gaming. |
2 | (9) Comply with any other laws, rules or regulations |
3 | relating to the conduct of a member. |
4 | (c.1) Prohibitions.-- |
5 | (1) No member or attorney of the Office of Chief Counsel |
6 | advising the board on a particular licensing issue or |
7 | proceeding or employee whose duties relate to licensing and |
8 | who is advising the board on a particular licensing issue or |
9 | proceeding shall engage in any ex parte communication with |
10 | any person. |
11 | (2) No attorney representing the bureau or the Office of |
12 | Enforcement Counsel or an applicant, licensee or permittee in |
13 | any proceeding shall engage in an ex parte communication with |
14 | a member, an attorney of the Office of Chief Counsel advising |
15 | the board on a proceeding or a hearing officer of the board. |
16 | (3) No employee of the bureau or the Office of |
17 | Enforcement Counsel who is involved in a proceeding shall |
18 | engage in an ex parte communication with a member, an |
19 | attorney of the Office of Chief Counsel who is advising the |
20 | board on the proceeding or a hearing officer of the board. |
21 | (c.2) Procedures relating to ex parte communications.-- |
22 | (1) An ex parte communication received or engaged in by |
23 | a board member, employee or hearing officer shall be recorded |
24 | in a log maintained for this purpose. The log shall be |
25 | available for public inspection during the regular business |
26 | hours of the board and shall be posted on the board's |
27 | Internet website. The LOG SHALL INCLUDE: |
28 | (I) The individual recording the ex parte |
29 | communication. shall include: |
30 | (i) (ii) The date and time of the ex parte |
|
1 | communication. |
2 | (ii) The name of any other individual (iii) The |
3 | names of all individuals involved in the ex parte |
4 | communication. |
5 | (iii) (iv) The subject matter and substance of the |
6 | ex parte communication. |
7 | (2) In addition to documenting an ex parte communication |
8 | under paragraph (1), notification and an opportunity to |
9 | respond shall be provided to the following as follows: |
10 | (i) A board member or employee shall promptly notify |
11 | the board and all persons directly affected by the |
12 | anticipated vote or action of the board of the substance |
13 | of the communication. |
14 | (ii) A hearing officer shall promptly notify the |
15 | board and all parties to the proceeding before the |
16 | hearing officer of the substance of the communication. |
17 | (3) (i) A board member, employee or hearing officer who |
18 | received or engaged in an ex parte communication shall |
19 | recuse himself from any hearing or other proceeding |
20 | related to the ex parte communication if the context and |
21 | substance of the ex parte communication creates |
22 | substantial reasonable doubt as to the individual's |
23 | ability to act objectively, independently or impartially. |
24 | (ii) A board member, employee or hearing officer who |
25 | elects not to recuse himself based on an ex parte |
26 | communication shall state his reasons for doing so on the |
27 | record prior to the commencement of the hearing or |
28 | proceeding. |
29 | (iii) If a legislative appointee recuses himself |
30 | from any hearing or other proceeding under this section, |
|
1 | any qualified majority vote required under this part |
2 | shall consist of all of the remaining legislative |
3 | appointees and at least two gubernatorial appointees. |
4 | (iv) Failure of a hearing officer or employee to |
5 | recuse himself from a hearing or other proceeding due to |
6 | receipt of an ex parte communication under this section |
7 | shall be grounds for appeal to the board of the failure |
8 | to recuse. |
9 | (v) Failure of a board member to recuse himself from |
10 | a hearing or other proceeding due to receipt of an ex |
11 | parte communication under this section shall be grounds |
12 | for appeal of a decision to a court of competent |
13 | jurisdiction if the board action being appealed would not |
14 | have occurred without the participation of the board |
15 | member who received the ex parte communication. |
16 | (d) Ex officio members.--The restrictions under subsection |
17 | (c)(5) shall not apply to ex officio members. |
18 | (e) Definitions.--As used in this section, the following |
19 | words and phrases shall have the meanings given to them in this |
20 | subsection: |
21 | "Ex parte communication." An off-the-record communication |
22 | engaged in or received by a member [or], employee or hearing |
23 | officer of the board regarding the merits of or any fact in |
24 | issue relating to a pending matter before the board or which may |
25 | reasonably be expected to come before the board in a contested |
26 | on-the-record proceeding. The term shall not include off-the- |
27 | record communications by or between a member [or], employee or |
28 | hearing officer of the board, Department of Revenue, |
29 | Pennsylvania State Police, Attorney General or other law |
30 | enforcement official prior to the beginning of the proceeding |
|
1 | solely for the purpose of seeking clarification or correction to |
2 | evidentiary materials intended for use in the proceedings. |
3 | "Immediate family." The spouse, parents, children and |
4 | siblings and the spouses of any of those individuals. |
5 | ["Licensed entity representative." A person acting on behalf |
6 | of or representing the interest of any applicant, licensee, |
7 | permittee or registrant, including an attorney, agent or |
8 | lobbyist, regarding any matter which may reasonably be expected |
9 | to come before the board.] |
10 | Section 6. Title 4 is amended by adding a section to read: |
11 | § 1202.2. Expenses of the Pennsylvania Gaming Control Board. |
12 | Members and employees of the board shall only be reimbursed |
13 | for actual and reasonable expenses incurred during the |
14 | performance of their duties. In order to receive reimbursement |
15 | for an expense in excess of $10, the member or employee shall |
16 | submit a receipt validating the expense incurred. |
17 | Reimbursements, allowances or other payments in an amount |
18 | greater than the expenses for which receipts are submitted are |
19 | prohibited. Receipts and requests for reimbursement shall be |
20 | financial records for purposes of the act of February 14, 2008 |
21 | (P.L.6, No.3), known as the Right-to-Know Law. |
22 | Section 7. Section 1205(b)(1) and (2) of Title 4 are amended |
23 | and the subsection is amended by adding paragraphs to read: |
24 | § 1205. License or permit application hearing process; public |
25 | input hearings. |
26 | * * * |
27 | (b) Public input hearing requirement.-- |
28 | (1) [Prior to licensing a facility under this part, the |
29 | board shall hold at least one public input hearing on the |
30 | matter.] The board shall hold at least one public input |
|
1 | hearing prior to: |
2 | (i) Licensing a facility. |
3 | (ii) Approving the structural redesign of a licensed |
4 | facility located in a city of the first class. |
5 | (2) All public input hearings [relating to an |
6 | application for a slot machine license] under paragraph (1) |
7 | shall be held in the municipality where the licensed facility |
8 | will be, or is, located and shall be organized in cooperation |
9 | with the municipality. |
10 | * * * |
11 | (4) In addition to any witnesses scheduled to testify |
12 | under paragraph (3), the board shall establish a public |
13 | comment period during which time members of the public may |
14 | address the board regarding the proposed license or |
15 | structural redesign under paragraph (1). The board, in its |
16 | discretion, may place reasonable time limits on an |
17 | individual's comments. |
18 | Section 8. Sections 1206(f), 1207(4), 1208(1)(i) and (ii) |
19 | and 1209(b) of Title 4 are amended to read: |
20 | § 1206. Board minutes and records. |
21 | * * * |
22 | (f) Confidentiality of information.--[All] |
23 | (1) The following information submitted by an applicant |
24 | or licensee pursuant to section 1310(a) (relating to slot |
25 | machine license application character requirements) or |
26 | 1308(a.1) (relating to applications for license or permit) or |
27 | obtained by the board or the bureau as part of a background |
28 | or other investigation from any source shall be [considered] |
29 | confidential[.] and withheld from public disclosure: |
30 | (i) All information relating to good character, |
|
1 | honesty and integrity, including family, habits, |
2 | reputation, history of criminal activity, business |
3 | activities, financial affairs and business, professional |
4 | and personal associations submitted under section 1310(a) |
5 | or 1308(a.1) or otherwise obtained by the board or the |
6 | bureau. |
7 | (ii) Nonpublic personal information, including |
8 | telephone numbers, Social Security numbers, educational |
9 | records, memberships, medical records, tax returns and |
10 | declarations, actual or proposed compensation, financial |
11 | account records, creditworthiness or a financial |
12 | condition relating to an applicant, licensee or permittee |
13 | or the immediate family thereof. |
14 | (iii) Documents and information relating to |
15 | proprietary information, trade secrets, patents or |
16 | exclusive licenses, architectural and engineering plans |
17 | and information relating to competitive marketing |
18 | materials and strategies, which may include customer- |
19 | identifying information or customer prospects for |
20 | services subject to competition. |
21 | (iv) Security information, including risk prevention |
22 | plans, detection and countermeasures, location of count |
23 | rooms, emergency management plans, security and |
24 | surveillance plans, equipment and usage protocols and |
25 | theft and fraud prevention plans and countermeasures. |
26 | (v) Information with respect to which there is a |
27 | reasonable possibility that public release or inspection |
28 | of the information would constitute an unwarranted |
29 | invasion into personal privacy of any individual as |
30 | determined by the board. |
|
1 | (vi) Records of an applicant or licensee not |
2 | required to be filed with the Securities and Exchange |
3 | Commission by issuers that either have securities |
4 | registered under section 12 of the Securities Exchange |
5 | Act of 1934 (48 Stat. 881, 15 U.S.C. § 78a et seq.) or |
6 | are required to file reports under section 15(d) of the |
7 | Securities Exchange Act of 1934. |
8 | (vii) Records considered nonpublic matters or |
9 | information by the Securities and Exchange Commission as |
10 | provided by 17 CFR 200.80 (relating to commission records |
11 | and information). |
12 | (viii) Any financial information deemed confidential |
13 | by the board upon a showing of good cause by the |
14 | applicant or licensee. |
15 | (2) No claim of confidentiality shall be made regarding |
16 | any information from a criminal history record check that is |
17 | available to the public under 18 Pa.C.S. Ch. 91 (relating to |
18 | criminal history record information) or § 9121(b) (relating |
19 | to noncriminal justice agencies and individuals). |
20 | (3) This subsection shall not apply to any information |
21 | that is otherwise publicly available in this Commonwealth or |
22 | another jurisdiction. |
23 | (2) (4) Except as provided in section 1517(f) (relating |
24 | to [investigation] investigations and enforcement), the |
25 | confidential information shall be withheld from public |
26 | disclosure in whole or in part, except that any confidential |
27 | information shall be released upon the lawful order of a |
28 | court of competent jurisdiction or, with the approval of the |
29 | Attorney General, to a duly authorized law enforcement agency |
30 | or shall be released to the public, in whole or in part, to |
|
1 | the extent that such release is requested by an applicant and |
2 | does not otherwise contain confidential information about |
3 | another person. |
4 | (3) (5) The board may seek a voluntary waiver of |
5 | confidentiality from an applicant or licensed entity but may |
6 | not require any applicant or licensed entity to waive any |
7 | confidentiality provided for in this subsection as a |
8 | condition for the approval of a license or any other action |
9 | of the board. Any [person who violates this subsection] |
10 | current or former board member employee or contractor who |
11 | publicly discloses confidential information in violation of |
12 | this subsection commits a misdemeanor and shall be |
13 | administratively disciplined by discharge, suspension, |
14 | termination of contract or other formal disciplinary action |
15 | as the board deems appropriate. |
16 | * * * |
17 | § 1207. Regulatory authority of board. |
18 | The board shall have the power and its duties shall be to: |
19 | * * * |
20 | (4) Require that each licensed entity provide to the |
21 | board its audited annual financial statements, with such |
22 | additional detail as the board from time to time shall |
23 | require, which information shall be submitted not later than |
24 | [60] 90 days after the end of the licensee's fiscal year. |
25 | * * * |
26 | § 1208. Collection of fees and fines. |
27 | The board has the following powers and duties: |
28 | (1) To levy and collect fees from the various |
29 | applicants, licensees and permittees to fund the operations |
30 | of the board. The fees shall be deposited into the State |
|
1 | Gaming Fund as established in section 1403 (relating to |
2 | establishment of State Gaming Fund and net slot machine |
3 | revenue distribution) and distributed to the board upon |
4 | appropriation by the General Assembly. In addition to the |
5 | fees set forth in sections 1209 (relating to slot machine |
6 | license fee) and 1305 (relating to Category 3 slot machine |
7 | license), the board shall assess and collect fees as follows: |
8 | (i) Supplier licensees shall pay a fee of $25,000 |
9 | upon the issuance of a license and $10,000 for the annual |
10 | renewal of a supplier license. When the renewal period |
11 | under section 1317(c)(1) (relating to supplier licenses) |
12 | is three years, the fee shall be $30,000 for the renewal. |
13 | (ii) Manufacturer licensees shall pay a fee of |
14 | $50,000 upon the issuance of a license and $25,000 for |
15 | the annual renewal of a manufacturer license. When the |
16 | renewal period under section 1317.1(c)(1) (relating to |
17 | manufacturer licenses) is three years, the fee shall be |
18 | $75,000 for the renewal. |
19 | * * * |
20 | § 1209. Slot machine license fee. |
21 | * * * |
22 | (b) Term.--A slot machine license, after payment of the fee, |
23 | shall be in effect unless suspended, revoked or not renewed by |
24 | the board upon good cause consistent with the license |
25 | requirements as provided for in this part. Slot machine |
26 | licensees shall be required to update the information in their |
27 | initial applications annually, and the license of a licensee in |
28 | good standing shall be updated and renewed annually for two |
29 | subsequent years following the initial license issuance. |
30 | Thereafter, license renewals shall be every three years. As to |
|
1 | the renewal of a license, no additional license fee pursuant to |
2 | subsection (a) shall be required. |
3 | * * * |
4 | Section 9. Section 1211 of Title 4 is amended by adding a |
5 | subsection to read: |
6 | § 1211. Reports of board. |
7 | * * * |
8 | (a.1) Expenses.--Beginning 30 days after the effective date |
9 | of this subsection, the board shall post by the fifteenth of |
10 | each month on its Internet website a list of all its itemized |
11 | expenses of employees and members for the preceding month. The |
12 | list shall identify the nature of the expense and the employee |
13 | or board member to which an expense is attributable. The list |
14 | shall include each expense for which a receipt is submitted to |
15 | obtain reimbursement. If the expense is directly attributable to |
16 | or paid by a licensed facility, the list shall identify the |
17 | facility. By October 1 of each year, a final report of all |
18 | expenses for the preceding fiscal year shall be posted on the |
19 | board's Internet website and shall be transmitted to the |
20 | Appropriations Committee of the Senate, the Community, Economic |
21 | and Recreational Development Committee of the Senate, the |
22 | Appropriations Committee of the House of Representatives and the |
23 | Gaming Oversight Committee of the House of Representatives. |
24 | * * * |
25 | Section 10. Section 1213 of Title 4 is amended to read: |
26 | § 1213. License or permit prohibition. |
27 | (1) [No applicant for a license or permit under this |
28 | part, including principals and key employees,] The board |
29 | shall be prohibited from granting a principal license or key |
30 | employee license to a person who has been convicted of a |
|
1 | felony [or gambling offense] in any jurisdiction [shall be |
2 | issued a license or permit unless 15 years has elapsed from |
3 | the date of expiration of the sentence for the offense]. |
4 | (2) [When determining whether to issue a license or |
5 | permit to an applicant who has been convicted in any |
6 | jurisdiction of a felony or gambling offense,] In addition to |
7 | the prohibition under paragraph (1), the board shall be |
8 | prohibited from granting the following: |
9 | (i) A principal license or key employee license to a |
10 | person who has been convicted of a gambling offense in |
11 | any jurisdiction that is not classified as a felony |
12 | unless 15 years has elapsed from the date of the |
13 | expiration of the sentence for the offense. |
14 | (ii) A gaming employee permit or license other than |
15 | a principal license or key employee license to a person |
16 | who has been convicted of a felony or gambling offense in |
17 | any jurisdiction unless 15 years has elapsed from the |
18 | date of the expiration of the sentence for the offense. |
19 | (3) In determining whether to issue a license or permit |
20 | under paragraph (2), the board shall consider the following |
21 | factors: |
22 | [(1)] (i) The nature and duties of the applicant's |
23 | position with the licensed entity. |
24 | [(2)] (ii) The nature and seriousness of the offense |
25 | or conduct. |
26 | [(3)] (iii) The circumstances under which the |
27 | offense or conduct occurred. |
28 | [(4)] (iv) The age of the applicant when the offense |
29 | or conduct was committed. |
30 | [(5)] (v) Whether the offense or conduct was an |
|
1 | isolated or a repeated incident. |
2 | [(6)] (vi) Any evidence of rehabilitation, including |
3 | good conduct in the community, counseling or psychiatric |
4 | treatment received and the recommendation of persons who |
5 | have substantial contact with the applicant. |
6 | Section 10.1. Section 1308 of Title 4 is amended by adding a |
7 | subsection to read: |
8 | § 1308. Applications for license or permit. |
9 | * * * |
10 | (a.1) Submission of information.--Notwithstanding the |
11 | provisions of 18 Pa.C.S. § 9124(b) (relating to use of records |
12 | by licensing agencies), an application for a license or permit |
13 | under this part shall include all arrests and convictions of the |
14 | applicant, including summary offenses. The information shall |
15 | include: |
16 | (1) A brief description of the circumstances surrounding |
17 | the arrest. |
18 | (2) The specific offense charged. |
19 | (3) The ultimate disposition of the charges, including |
20 | the details of any dismissal, plea bargain, conviction or |
21 | sentence, including any pardon, expungement or order of |
22 | Accelerated Rehabilitative Disposition. |
23 | * * * |
24 | Section 10.2. Sections 1310, 1317(c)(1), 1317.1(c)(1), |
25 | 1321(a)(2), 1326(a), 1328(b) 1328(A)(1) and (B) and 1329 of |
26 | Title 4 are amended to read: |
27 | § 1310. Slot machine license application character |
28 | requirements. |
29 | (a) Application.-- |
30 | (1) Every application for a slot machine license shall |
|
1 | include such information, documentation and assurances as may |
2 | be required to establish by clear and convincing evidence the |
3 | applicant's suitability, including good character, honesty |
4 | and integrity. Information shall include, without limitation, |
5 | information pertaining to family, habits, character, |
6 | reputation, criminal history background, business activities, |
7 | financial affairs and business, professional and personal |
8 | associates, covering at least the ten-year period immediately |
9 | preceding the filing date of the application. |
10 | (2) Notwithstanding 18 Pa.C.S. § 9124(b) (relating to |
11 | use of records by licensing agencies), a conviction that has |
12 | been expunged or overturned, or for which a person has been |
13 | pardoned or an order of Accelerated Rehabilitative |
14 | Disposition has been issued, shall be included with an |
15 | application and shall be considered by the board as part of |
16 | the review of the applicant's suitability under paragraph |
17 | (1). |
18 | (b) Civil judgments and law enforcement agency |
19 | information.--Each applicant shall notify the board of any civil |
20 | judgments obtained against the applicant pertaining to antitrust |
21 | or security regulation laws of the Federal Government, this |
22 | Commonwealth or any other state, jurisdiction, province or |
23 | country. In addition, each applicant shall produce a letter of |
24 | reference from law enforcement agencies having jurisdiction in |
25 | the applicant's place of residence and principal place of |
26 | business, which letter of reference shall indicate that the law |
27 | enforcement agencies do not have any pertinent information |
28 | concerning the applicant or, if the law enforcement agency does |
29 | have information pertaining to the applicant, shall specify the |
30 | nature and content of that information. If no letters are |
|
1 | received within 30 days of the request, the applicant may submit |
2 | a statement under oath which is subject to the penalty for false |
3 | swearing under 18 Pa.C.S. § 4903 (relating to false swearing) |
4 | that the applicant is or was during the period the activities |
5 | were conducted in good standing with the gaming or casino |
6 | enforcement or control agency. |
7 | (c) Gaming or casino enforcement agency information.--If the |
8 | applicant has held a gaming license in a jurisdiction where |
9 | gaming activities are permitted, the applicant shall produce a |
10 | letter of reference from the gaming or casino enforcement or |
11 | control agency which shall specify the experiences of that |
12 | agency with the applicant, the applicant's associates and the |
13 | applicant's gaming operation. If no letters are received within |
14 | 30 days of the request, the applicant may submit a statement |
15 | under oath which is subject to the penalty for false swearing |
16 | under 18 Pa.C.S. § 4903 that the applicant is or was during the |
17 | period the activities were conducted in good standing with the |
18 | gaming or casino enforcement or control agency. |
19 | (d) Agency records.--Each applicant for a slot machine |
20 | license, principal license or key employee license shall be |
21 | required to apply to the Federal Government regarding agency |
22 | records under the Freedom of Information Act (Public Law 89-554, |
23 | 5 U.S.C. § 522) pertaining to the applicant and provide the |
24 | board with the complete record received from the Federal |
25 | Government. The board may issue a conditional license to the |
26 | applicant prior to the receipt of information under this |
27 | subsection. |
28 | § 1317. Supplier licenses. |
29 | * * * |
30 | (c) Review and approval.--Upon being satisfied that the |
|
1 | requirements of subsection (b) have been met, the board may |
2 | approve the application and issue the applicant a supplier |
3 | license consistent with all of the following: |
4 | (1) [The license shall be for a period of one year. Upon |
5 | expiration, the license may be renewed in accordance with |
6 | subsection (d)] The initial license shall be for a period of |
7 | one year and shall be subject to renewal annually under |
8 | subsection (d) for two consecutive one-year periods following |
9 | the initial issuance. Thereafter, a license shall be subject |
10 | to renewal every three years. Nothing in this paragraph shall |
11 | relieve the licensee of the affirmative duty to notify the |
12 | board of changes to any information contained in the original |
13 | application. |
14 | * * * |
15 | § 1317.1. Manufacturer licenses. |
16 | * * * |
17 | (c) Review and approval.--Upon being satisfied that the |
18 | requirements of subsection (b) have been met, the board may |
19 | approve the application and grant the applicant a manufacturer |
20 | license consistent with all of the following: |
21 | (1) [The license shall be for a period of one year. Upon |
22 | expiration, a license may be renewed in accordance with |
23 | subsection (d)] The initial license shall be for a period of |
24 | one year and shall be subject to renewal annually under |
25 | subsection (d) for two consecutive one-year periods following |
26 | the initial issuance. Thereafter, a license shall be subject |
27 | to renewal every three years. Nothing in this paragraph shall |
28 | relieve the licensee of the affirmative duty to notify the |
29 | board of any changes relating to the status of its license or |
30 | relieve the licensee of its responsibility to notify the |
|
1 | board of changes to any information contained in the original |
2 | application. |
3 | * * * |
4 | § 1321. Additional licenses and permits and approval of |
5 | agreements. |
6 | (a) Requirements.--In addition to the requirements for a |
7 | license or permit specifically set forth in this part, the board |
8 | may require a license [or], permit or other authorization, and |
9 | set a fee for the same, for any key or gaming employee or any |
10 | person who satisfies any of the following criteria: |
11 | * * * |
12 | (2) The person is presently not [otherwise] required to |
13 | be licensed or permitted under this part and provides any |
14 | goods, property or services, including, but not limited to, |
15 | management contracts for compensation to a slot machine |
16 | licensee at the licensed facility. The board may by |
17 | regulation establish a classification system for a person who |
18 | provides goods, property or services to a slot machine |
19 | licensee. If the classification system requires the person |
20 | providing goods, property or services to submit to a criminal |
21 | history record check under 18 Pa.C.S. Ch. 91 (relating to |
22 | criminal history record information), the board shall notify |
23 | the slot machine licensee if the person providing goods, |
24 | property or services has been convicted of a felony or |
25 | gambling offense. |
26 | * * * |
27 | § 1326. License renewals. |
28 | (a) Renewal.--All permits and licenses issued under this |
29 | part unless otherwise provided shall be subject to renewal on an |
30 | annual basis [upon the application of the holder of the permit |
|
1 | or license submitted to the board at least 60 days prior to the |
2 | expiration of the permit or license] for the first two years |
3 | following the initial issuance. Thereafter, all permits and |
4 | licenses shall be subject to renewal every three years. The |
5 | application for renewal shall be submitted at least 60 days |
6 | prior to the expiration of the permit or license and shall |
7 | include an update of the information contained in the initial |
8 | and any prior renewal applications and the payment of any |
9 | renewal fee required by this part. A permit or license for which |
10 | a completed renewal application and fee, if required, has been |
11 | received by the board will continue in effect unless and until |
12 | the board sends written notification to the holder of the permit |
13 | or license that the board has denied the renewal of such permit |
14 | or license. |
15 | * * * |
16 | § 1328. Change in ownership or control of slot machine |
17 | licensee. |
18 | * * * |
19 | (a) Notification and approval.-- |
20 | (1) A slot machine licensee shall notify the board |
21 | [prior to or] immediately upon becoming aware of any proposed |
22 | or contemplated change of ownership of the slot machine |
23 | licensee by a person or group of persons acting in concert |
24 | which involves any of the following: |
25 | (i) More than 5% of a slot machine licensee's |
26 | securities or other ownership interests. |
27 | (ii) More than 5% of the securities or other |
28 | ownership interests of a corporation or other form of |
29 | business entity that owns directly or indirectly at least |
30 | 20% of the voting or other securities or other ownership |
|
1 | interests of the licensee. |
2 | (iii) The sale other than in the ordinary course of |
3 | business of a licensee's assets. |
4 | (iv) Any other transaction or occurrence deemed by |
5 | the board to be relevant to license qualifications. |
6 | * * * |
7 | (b) Qualification of purchaser of slot machine licensee; |
8 | change of control.--The purchaser of the slot machine license or |
9 | assets, other than in the ordinary course of business, of any |
10 | slot machine licensee shall independently qualify for a license |
11 | in accordance with this part and shall pay the license fee as |
12 | required by section 1209 (relating to slot machine license fee). |
13 | A change in control of any slot machine licensee shall require |
14 | that the slot machine licensee independently qualify for a |
15 | license in accordance with this part, and the slot machine |
16 | licensee shall pay a new license fee as required by section |
17 | 1209, except as otherwise required by the board pursuant to this |
18 | section. The new license fee under this section shall be paid |
19 | upon the assignment and actual change of control or ownership of |
20 | the slot machine license. |
21 | * * * |
22 | § 1329. [Nonportability] Portability and relocation of slot |
23 | machine license. |
24 | (a) General rule.--Each slot machine license shall only be |
25 | valid for the specific physical location within the municipality |
26 | and county for which it was originally granted. |
27 | (b) Petition.--In evaluating a petition to relocate, the |
28 | board shall consider the following factors: |
29 | (1) The reason for the relocation. |
30 | (2) A comparative analysis, submitted by the petitioner, |
|
1 | detailing estimated gross terminal revenues at the new |
2 | location with estimated gross terminal revenues at the |
3 | original location. |
4 | (3) A comparative analysis, submitted by the petitioner, |
5 | detailing the economic impact of the licensed facility at the |
6 | new location with the estimated economic impact at the |
7 | original location. The comparative analysis shall include the |
8 | total cost of the project and projected direct and indirect |
9 | employment figures. |
10 | (4) A comprehensive traffic study commissioned by the |
11 | board. |
12 | (5) Community support or opposition. |
13 | (6) Any other information requested by the board. |
14 | (c) Relocation.--A [No] slot machine licensee [shall] may be |
15 | permitted to move or relocate the physical location of the |
16 | licensed facility [without] with board approval [for] upon good |
17 | cause shown if: |
18 | (1) the relocated licensed facility remains within the |
19 | same county as originally licensed; |
20 | (2) the relocation will facilitate the timely operation |
21 | of slot machines; |
22 | (3) the relocated licensed facility complies with all |
23 | other provisions of this part related to the siting and |
24 | location of a licensed facility; and |
25 | (4) relocation of the licensed facility is in the best |
26 | interests of the Commonwealth. |
27 | (d) Public input hearing.--The board shall hold at least one |
28 | public input hearing in the municipality where the licensed |
29 | facility will be located prior to approval of the relocation. |
30 | (e) No grant or loan from the Commonwealth may be awarded |
|
1 | for the purpose of relocating or developing the relocated |
2 | licensed facility to comply with any conditions of approval of |
3 | the relocation. |
4 | Section 11. Title 4 is amended by adding a section to read: |
5 | § 1332. Appointment of trustee. |
6 | (a) Appointment.--Upon petition of the Office of Enforcement |
7 | Counsel, the board may order the appointment of a trustee from |
8 | the list required under subsection (j) to act on behalf of the |
9 | interests of the Commonwealth and the board to assure compliance |
10 | with this part and any conditions imposed upon the slot machine |
11 | license in the following circumstances: |
12 | (1) Upon the revocation, suspension or nonrenewal of a |
13 | slot machine license or a principal license of an individual |
14 | who the board has determined controls a slot machine license |
15 | if the principal licensee is the only principal who exercises |
16 | operational control of the licensed facility. |
17 | (2) Upon the failure to renew a slot machine license or |
18 | a principal license of an individual who the board has |
19 | determined controls a slot machine licensee if the principal |
20 | licensee is the only principal who exercises operational |
21 | control of the licensed facility until the slot machine or |
22 | principal license is renewed or until the discontinuation of |
23 | the trusteeship pursuant to subsection (i). |
24 | (3) If necessary to protect the best interests of the |
25 | Commonwealth. |
26 | (b) Qualifications.--The following shall apply: |
27 | (1) A trustee shall be required to obtain a principal |
28 | license. The board may appoint a trustee and award the |
29 | trustee a temporary principal license as prescribed in board |
30 | regulations. |
|
1 | (2) Before assuming duties, a trustee shall execute and |
2 | file a bond for the faithful performance of the trustee's |
3 | duties. The bond shall be payable to the board with sureties |
4 | and in the amount and form as required by board order. The |
5 | cost of the bond shall be paid by the former or suspended |
6 | licensee. |
7 | (c) Powers.--A trustee appointed under this section shall |
8 | have all of the power and duties granted to exercise only those |
9 | powers and perform those duties expressly conferred upon the |
10 | trustee by the board. The board's order appointing the trustee |
11 | shall set forth the powers, duties and responsibilities of the |
12 | trustees which may include: |
13 | (1) Maintaining and operating the licensed facility in a |
14 | manner that complies with this part and any conditions |
15 | imposed by the board. |
16 | (2) Maintaining and operating the licensed facility |
17 | consistent with the measures generally taken in the ordinary |
18 | course of business including: |
19 | (i) Entering into contracts. |
20 | (ii) Borrowing money. |
21 | (iii) Pledging, mortgaging or otherwise encumbering |
22 | the licensed facility or property thereof as security for |
23 | the repayment of the trustee's loans subject to any |
24 | provisions and restrictions in any existing credit |
25 | documents. |
26 | (iv) Hiring, firing and disciplining employees. |
27 | (3) Exercising the rights and obligations of the former |
28 | or suspended licensee. |
29 | (4) Taking possession of all of the property of the slot |
30 | machine licensee, including its books, records and papers. |
|
1 | (5) Establishing accounts with financial institutions. |
2 | An account may not be established with a financial |
3 | institution in which an affiliate of the former or suspended |
4 | licensee, or in which the trustee, has a financial |
5 | controlling interest. |
6 | (6) Meeting with the former or suspended licensee. |
7 | (7) Meeting with principals and key employees at the |
8 | licensed facility. |
9 | (8) Meeting with the independent audit committee. |
10 | (9) Meeting with the board's executive director and |
11 | keeping the board's executive director apprised of actions |
12 | taken and the trustee's plans and goals for the future. |
13 | (10) Hiring legal counsel, accountants or other |
14 | consultants or assistants, with prior approval of the board, |
15 | as necessary to carry out the trustee's duties and |
16 | responsibilities. |
17 | (11) Settling or compromising with any debtor or |
18 | creditor of the former or suspended licensee, including any |
19 | taxing authority. |
20 | (12) Reviewing outstanding agreements to which the |
21 | former or suspended licensee is a party and advising the |
22 | board as to which, if any, of the agreements should be the |
23 | subject of scrutiny, examination or investigation by the |
24 | board. |
25 | (13) Obtaining board approval prior to any sale, change |
26 | of ownership, change of control, change of financial status, |
27 | restructuring, transfer of assets or execution of a contract |
28 | or any other action taken outside of the ordinary course of |
29 | business. |
30 | (14) Obtaining board approval for any payments outside |
|
1 | of those made in the ordinary course of business. |
2 | Notwithstanding any provision contained in this subsection to |
3 | the contrary, the trustee shall have the duty to conserve and |
4 | preserve the assets of the licensed entity. |
5 | (d) Compensation.--The board shall establish the |
6 | compensation of the trustee and shall review and approve actual |
7 | and reasonable costs and expenses of the trustee, legal counsel, |
8 | accountants or other consultants or assistants hired by the |
9 | trustee and other persons the board may appoint in connection |
10 | with the trusteeship action. The compensation, costs and |
11 | expenses shall be paid by the former or suspended licensee. |
12 | Total compensation for the trustee and all individuals hired or |
13 | retained by the trustee under subsection (c)(10) shall not |
14 | exceed $600 per hour in the aggregate. |
15 | (e) Reports.--A trustee shall file reports with regard to |
16 | the administration of the trusteeship with the board in the form |
17 | and at intervals as the board orders. The board may direct that |
18 | copies or portions of the trustee's reports be mailed to |
19 | creditors or other parties in interest and make summaries of the |
20 | reports available to the public and shall post them on the |
21 | board's Internet website. |
22 | (f) Review of actions.--A creditor or party in interest |
23 | aggrieved by any alleged breach of a delegated power or duty of |
24 | a trustee in the discharge of the trustee's duties may request a |
25 | review of the trustee's action or inaction by filing a petition |
26 | in accordance with board regulations. The petition must set |
27 | forth in detail the pertinent facts and the reasons why the |
28 | facts constitute the alleged breach. The board will review any |
29 | petition filed under this section and take whatever action, if |
30 | any, it deems appropriate. |
|
1 | (g) Effect of the trusteeship.--After issuance of an order |
2 | to appoint a trustee, the former or suspended principal or slot |
3 | machine licensee may not exercise any of its privileges, collect |
4 | or receive any debts and pay out, sell, assign or transfer any |
5 | of its property to anyone without prior approval of the |
6 | appointed trustee and the board. |
7 | (h) Disposition of net earnings income.--During the period |
8 | of trusteeship, net earnings income shall be deposited in an |
9 | escrow account maintained for that purpose. Payment of net |
10 | earnings income during the period of trusteeship may not be made |
11 | by the trustee without the prior approval of the board. A |
12 | suspended or former principal or slot machine licensee may |
13 | request payment distribution of all or a portion of the net |
14 | earnings income during the period of trusteeship by filing a |
15 | petition in accordance with board regulation. The suspended or |
16 | former principal or slot machine licensee shall have the burden |
17 | of demonstrating good cause for the payment distribution of the |
18 | net earnings income requested. |
19 | (i) Discontinuation.--The board may issue an order to |
20 | discontinue a trusteeship when: |
21 | (1) The board determines that the cause for which the |
22 | trustee was appointed no longer exists. |
23 | (2) The trustee has, with the prior approval of the |
24 | board, consummated the sale, assignment, conveyance or other |
25 | disposition of all the property or interest of the former |
26 | principal or slot machine licensee relating to the slot |
27 | machine license. |
28 | Upon board approval of the discontinuation of the trusteeship, |
29 | the trustee shall, in an orderly manner, transfer the property |
30 | of the former or suspended principal or slot machine licensee. |
|
1 | (j) List of approved trustees.--The board shall promulgate |
2 | regulations to establish a list of persons approved by the board |
3 | qualified to serve as a trustee. At a minimum, the regulations |
4 | shall provide for the following: |
5 | (1) The minimum qualifications an individual must |
6 | possess to be approved as a trustee, which shall include |
7 | possession of a principal license. |
8 | (2) The procedure for placement on or removal from the |
9 | list. |
10 | (3) Any other information the board deems necessary to |
11 | carry out the intent of this section. |
12 | Section 12. Section 1407 of Title 4 is amended by adding |
13 | subsections to read: |
14 | § 1407. Pennsylvania Gaming Economic Development and Tourism |
15 | Fund. |
16 | * * * |
17 | (e) Annual report.--The Office of the Budget in cooperation |
18 | with the Department of Community and Economic Development shall |
19 | submit an annual report of all distribution of funds under this |
20 | section to the chairman and minority chairman of the |
21 | Appropriations Committee of the Senate, the chairman and |
22 | minority chairman of the Community, Economic and Recreational |
23 | Development Committee of the Senate, the chairman and minority |
24 | chairman of the Appropriations Committee of the House of |
25 | Representatives and the chairman and minority chairman of the |
26 | Gaming Oversight Committee of the House of Representatives. The |
27 | report shall include detailed information relating to transfers |
28 | made from the Pennsylvania Gaming Economic Development and |
29 | Tourism Fund and all reimbursements, distributions and payments |
30 | made under subsection (b) or the act of July 25, 2007 (P.L.342, |
|
1 | No.53), known as Pennsylvania Gaming Economic Development and |
2 | Tourism Fund Capital Budget Itemization Act of 2007. The report |
3 | shall be submitted by January 31, 2010, and by January 31 of |
4 | each year thereafter. |
5 | (f) Local report.--A city of the first class, city of the |
6 | second class, county of the second class, convention center or |
7 | convention center authority, professional hockey franchise |
8 | sports and exhibition authority of a county of the second class, |
9 | urban redevelopment authority, airport authority or other entity |
10 | that receives money from the fund pursuant to an Economic |
11 | Development Capital Budget under this section subsection (b) or |
12 | the act of July 25, 2007 (P.L.342, No.53), known as Pennsylvania |
13 | Gaming Economic Development and Tourism Fund Capital Budget |
14 | Itemization Act of 2007, shall submit an annual report to the |
15 | Office of the Budget, the chairman and minority chairman of the |
16 | Appropriations Committee of the Senate, the chairman and |
17 | minority chairman of the Community, Economic and Recreational |
18 | Development Committee of the Senate, the chairman and minority |
19 | chairman of the Appropriations Committee of the House of |
20 | Representatives and the chairman and the minority chairman of |
21 | the Gaming Oversight Committee of the House of Representatives. |
22 | The report shall include detailed information, including records |
23 | of expenditures, payments and other distributions made from |
24 | money received under subsection (b). The initial report shall |
25 | include information on all funds received prior to January 31, |
26 | 2010. The report shall be submitted by January 31, 2010, and by |
27 | January 31 of each year thereafter until all funds under this |
28 | section are distributed or received. An entity that receives |
29 | funds after the effective date of this section shall submit an |
30 | initial report by January 31 of the year following receipt of |
|
1 | the funds. |
2 | (g) Distribution to international airport.--Notwithstanding |
3 | the provisions of section 7(d) of the act of July 25, 2007 |
4 | (P.L.342, No.53), known as the Pennsylvania Gaming Economic |
5 | Development and Tourism Fund Capital Budget Itemization Act of |
6 | 2007, following the distribution of $42.5 million of funds |
7 | allocated to the county for debt service and economic |
8 | development projects for an international airport in a county of |
9 | the second class under section 3(2)(i)(E) of said act, all |
10 | remaining funds shall be distributed directly to an authority |
11 | that operates an international airport in a county of the second |
12 | class. |
13 | Section 13. Sections 1408(c) and 1512(a.5) and (b) of Title |
14 | 4 are amended to read: |
15 | § 1408. Transfers from State Gaming Fund. |
16 | * * * |
17 | (c) Local law enforcement grants.--Annually, the sum of |
18 | [$5,000,000] $3,000,000 shall be transferred to the board for |
19 | the purpose of issuing grants to local law enforcement agencies |
20 | to enforce and prevent [the unlawful operation of slot machines] |
21 | all forms of unlawful gambling in this Commonwealth. For |
22 | purposes of this subsection, the term "local law enforcement |
23 | agency" shall include Pennsylvania State Police activities in a |
24 | municipality which does not have a municipal police department |
25 | for activities in that municipality. |
26 | * * * |
27 | § 1512. Financial and employment interests. |
28 | * * * |
29 | (a.5) State Ethics Commission.--The State Ethics Commission |
30 | shall publish a list of all State, county, municipal and other |
|
1 | government positions that meet the definitions of "public |
2 | official" as defined under subsection (b) or "executive-level |
3 | public employee" [under subsection (b)]. The Office of |
4 | Administration shall assist the [Ethics Commission] commission |
5 | in the development of the list, which shall be published in the |
6 | Pennsylvania Bulletin biennially and on the board's website. |
7 | Upon request, each public official shall have a duty to provide |
8 | the [Ethics Commission] commission with adequate information to |
9 | accurately develop and maintain the list. The [Ethics |
10 | Commission] commission may impose a civil penalty under 65 |
11 | Pa.C.S. § 1109(f) (relating to penalties) upon any public |
12 | official or executive-level public employee who fails to |
13 | cooperate with the [Ethics Commission] commission under this |
14 | subsection. An individual who relies in good faith on the list |
15 | published by the commission shall not be subject to any penalty |
16 | for a violation of this section. |
17 | (b) Definitions.--As used in this section, the following |
18 | words and phrases shall have the meanings given to them in this |
19 | subsection: |
20 | ["Executive-level public employee." The term shall include |
21 | the following: |
22 | (1) Deputy Secretaries of the Commonwealth and the |
23 | Governor's Office executive staff. |
24 | (2) An employee of the Executive Branch with |
25 | discretionary power which may affect or influence the outcome |
26 | of a State agency's action or decision and who is involved in |
27 | the development of regulations or policies relating to a |
28 | licensed entity or who is involved in other matters under |
29 | this part. The term shall include an employee with law |
30 | enforcement authority. |
|
1 | (3) An employee of a county or municipality with |
2 | discretionary powers which may affect or influence the |
3 | outcome of the county's or municipality's action or decision |
4 | and who is involved in the development of law, regulation or |
5 | policy relating to a licensed entity or who is involved in |
6 | other matters under this part. The term shall include an |
7 | employee with law enforcement authority. |
8 | (4) An employee of a department, agency, board, |
9 | commission, authority or other governmental body not included |
10 | in paragraph (1), (2) or (3) with discretionary power which |
11 | may affect or influence the outcome of the governmental |
12 | body's action or decision and who is involved in the |
13 | development of regulation or policy relating to a licensed |
14 | entity or who is involved in other matters under this part. |
15 | The term shall include an employee with law enforcement |
16 | authority.] |
17 | "Financial interest." Owning or holding, or being deemed to |
18 | hold, debt or equity securities or other ownership interest or |
19 | profits interest. A financial interest shall not include any |
20 | debt or equity security, or other ownership interest or profits |
21 | interest, which is held or deemed to be held in any of the |
22 | following: |
23 | (1) A blind trust over which the executive-level public |
24 | employee, public official, party officer or immediate family |
25 | member thereof may not exercise any managerial control or |
26 | receive income during the tenure of office and the period |
27 | under subsection (a). The provisions of this paragraph shall |
28 | apply only to blind trusts established prior to the effective |
29 | date of this paragraph. |
30 | (2) Securities that are held in a pension plan, profit- |
|
1 | sharing plan, individual retirement account, tax-sheltered |
2 | annuity, a plan established pursuant to section 457 of the |
3 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
4 | 1 et seq.) or any successor provision deferred compensation |
5 | plan whether qualified or not qualified under the Internal |
6 | Revenue Code of 1986 or any successor provision or other |
7 | retirement plan that: |
8 | (i) is not self-directed by the individual; and |
9 | (ii) is advised by an independent investment adviser |
10 | who has sole authority to make investment decisions with |
11 | respect to contributions made by the individual to these |
12 | plans. |
13 | (3) A tuition account plan organized and operated |
14 | pursuant to section 529 of the Internal Revenue Code of 1986 |
15 | (Public Law 99-514, 26 U.S.C. § 529) that is not self- |
16 | directed by the individual. |
17 | (4) A mutual fund where the interest owned by the mutual |
18 | fund in a licensed entity does not constitute a controlling |
19 | interest as defined in this part. |
20 | "Immediate family." A spouse, minor child or unemancipated |
21 | child. |
22 | "Law enforcement authority." The power to conduct |
23 | investigations of or to make arrests for criminal offenses. |
24 | "Party officer." A member of a national committee; a |
25 | chairman, vice chairman, secretary, treasurer or counsel of a |
26 | State committee or member of the executive committee of a State |
27 | committee; a county chairman, vice chairman, counsel, secretary |
28 | or treasurer of a county committee in which a licensed facility |
29 | is located; or a city chairman, vice chairman, counsel, |
30 | secretary or treasurer of a city committee of a city in which a |
|
1 | licensed facility is located. |
2 | "Public official." The term shall include the following: |
3 | (1) The Governor, Lieutenant Governor, a member of the |
4 | Governor's cabinet, Treasurer, Auditor General and Attorney |
5 | General of the Commonwealth. |
6 | (2) A member of the Senate or House of Representatives |
7 | of the Commonwealth. |
8 | (3) An individual elected or appointed to any office of |
9 | a county or municipality that directly receives a |
10 | distribution of revenue under this part. |
11 | (4) An individual elected or appointed to a department, |
12 | agency, board, commission, authority or other governmental |
13 | body not included in paragraph (1), (2) or (3) that directly |
14 | receives a distribution of revenue under this part. |
15 | (5) An individual elected or appointed to a department, |
16 | agency, board, commission, authority, county, municipality or |
17 | other governmental body not included in paragraph (1), (2) or |
18 | (3) with discretionary power which may influence or affect |
19 | the outcome of an action or decision and who is involved in |
20 | the development of regulation or policy relating to a |
21 | licensed entity or who is involved in other matters under |
22 | this part. |
23 | The term does not include a member of a school board or an |
24 | individual who held an uncompensated office with a governmental |
25 | body prior to January 1, 2006, and who no longer holds the |
26 | office as of January 1, 2006. The term includes a member of an |
27 | advisory board or commission which makes recommendations |
28 | relating to a licensed facility. |
29 | Section 14. Title 4 is amended by adding a section to read: |
30 | § 1516.1. Prosecutorial and adjudicatory functions. |
|
1 | The board shall adopt regulations and procedures necessary to |
2 | ensure that the Bureau of Investigations and Enforcement is a |
3 | distinct administrative entity and to prevent commingling of the |
4 | investigatory and prosecutorial functions of the Bureau of |
5 | Investigations and Enforcement under section 1517 (relating to |
6 | investigations and enforcement) and the adjudicatory functions |
7 | of the board. |
8 | Section 15. Section 1517(a.1)(6) of Title 4 is amended, |
9 | subsection (a.2)(1) is amended by adding a subparagraph |
10 | subparagraphs and subsection (c) is amended by adding a |
11 | paragraph to read: |
12 | § 1517. Investigations and enforcement. |
13 | * * * |
14 | (a.1) Powers and duties of bureau.--The Bureau of |
15 | Investigations and Enforcement shall have the following powers |
16 | and duties: |
17 | * * * |
18 | (6) Conduct [audits] reviews of a licensed entity as |
19 | necessary to ensure compliance with this part. [An audit] A |
20 | review may include the review of accounting, administrative |
21 | and financial records, management control systems, procedures |
22 | and other records utilized by a licensed entity. |
23 | * * * |
24 | (a.2) Office of Enforcement Counsel.-- |
25 | (1) There is established within the bureau an Office of |
26 | Enforcement Counsel which shall act as the prosecutor in all |
27 | noncriminal enforcement actions initiated by the bureau under |
28 | this part and shall have the following powers and duties: |
29 | * * * |
30 | (iv) Petition the board for the appointment of a |
|
1 | trustee under section 1332 (relating to appointment of |
2 | trustee). |
3 | (v) Notwithstanding 42 Pa.C.S. § 5947 (relating to |
4 | immunity of witnesses), the Commonwealth Court may grant |
5 | an immunity order, in the course of an investigation or |
6 | hearing conducted under this part, a person refuses to |
7 | answer a question or to produce evidence on the grounds |
8 | that the answer or evidence will expose the person to |
9 | criminal prosecution. The chief enforcement counsel of |
10 | the bureau may petition the Commonwealth Court for a |
11 | grant of immunity that includes the specific question to |
12 | be posed or information or evidence being sought from the |
13 | person as follows: |
14 | (A) A copy of the petition shall be provided to |
15 | the Attorney General and the district attorney of the |
16 | person's county of residence who may object to the |
17 | petition. |
18 | (B) The court shall hold an in camera proceeding |
19 | with the person to hear the evidence that will be |
20 | offered if the order to produce evidence is granted. |
21 | (C) The court may issue an order to compel the |
22 | person to answer or produce evidence with immunity |
23 | if: |
24 | (I) the testimony or other information from |
25 | a witness may be necessary to the public |
26 | interest; and |
27 | (II) a witness has refused or is likely to |
28 | refuse to testify or provide other information on |
29 | the basis of his privilege against self- |
30 | incrimination. |
|
1 | (D) The court shall grant or deny the request |
2 | for immunity within 45 days of the filing of the |
3 | request. |
4 | (E) If the person who is the subject of the |
5 | immunity order provides the answer or evidence, the |
6 | person shall be immune from criminal prosecution |
7 | based on the answer or evidence that was the subject |
8 | of the immunity order. |
9 | (F) The person may be prosecuted for perjury |
10 | committed in the answer or production of evidence or |
11 | held in contempt for failing to give an answer or |
12 | produce evidence in accordance with the order. The |
13 | answer or evidence shall be admissible against the |
14 | person only in a criminal investigation, or a trial |
15 | or other proceeding for perjury or contempt. |
16 | (G) Immunity under this paragraph shall not |
17 | preclude the use of any other remedy or sanction |
18 | authorized by law. |
19 | * * * |
20 | (c) Powers and duties of the Pennsylvania State Police.--The |
21 | Pennsylvania State Police shall have the following powers and |
22 | duties: |
23 | * * * |
24 | (14) By March 1 of each year, the Commissioner of the |
25 | Pennsylvania State Police shall submit a report to the |
26 | Appropriations Committee of the Senate, the Community, |
27 | Economic and Recreational Development Committee of the |
28 | Senate, the Appropriations Committee of the House of |
29 | Representatives and the Gaming Oversight Committee of the |
30 | House of Representatives. The report shall summarize law |
|
1 | enforcement activities at each licensed facility during the |
2 | previous calendar year and shall include all of the |
3 | following: |
4 | (i) The number of arrests at each licensed facility. |
5 | (ii) A list of specific offenses charged for each |
6 | offense. |
7 | (iii) The number of criminal prosecutions resulting |
8 | from arrests. |
9 | (iv) The number of convictions resulting from |
10 | prosecutions. |
11 | (v) The number of Pennsylvania State Police troopers |
12 | assigned to each licensed facility and to the gaming unit |
13 | at the Pennsylvania State Police headquarters. |
14 | (vi) The number and nature of disciplinary actions |
15 | taken and complaints made against Pennsylvania State |
16 | Police troopers in a licensed facility. |
17 | (vii) The closest local police station, Pennsylvania |
18 | State Police station and regional Pennsylvania State |
19 | Police headquarters to each licensed facility. |
20 | * * * |
21 | Section 16. Section 1517.2 of Title 4 is amended to read: |
22 | § 1517.2. Conduct of [public officials and] board employees. |
23 | (a) [Ex parte discussion prohibited.--An attorney |
24 | representing the bureau or the Office of Enforcement Counsel, or |
25 | an employee of the bureau or office involved in the hearing |
26 | process, shall not discuss the case ex parte with a hearing |
27 | officer, chief counsel or member] (Reserved). |
28 | (b) [Other prohibitions.--A hearing officer, the chief |
29 | counsel or a member shall not discuss or exercise any |
30 | supervisory responsibility over any employee with respect to an |
|
1 | enforcement hearing with which the employee is involved] |
2 | (Reserved). |
3 | (c) Disqualification.--If it becomes necessary for the chief |
4 | counsel or member to become involved on behalf of the board in |
5 | any enforcement proceeding, the chief counsel or member shall be |
6 | prohibited from participating in the adjudication of that matter |
7 | and shall designate appropriate individuals to exercise |
8 | adjudicatory functions. |
9 | Section 17. The amendment of 4 Pa.C.S. § 1213 shall not |
10 | apply to any of the following: |
11 | (1) An application submitted before the effective date |
12 | of this section. |
13 | (2) Any license or permit issued prior to the effective |
14 | date of this section. |
15 | (3) The renewal of any license or permit issued prior to |
16 | the effective date of this section. |
17 | Section 18. This act shall take effect in 60 days. |
18 | Section 1. Section 1102(11) of Title 4 of the Pennsylvania | <-- |
19 | Consolidated Statutes is amended and the section is amended by |
20 | adding paragraphs to read: |
21 | § 1102. Legislative intent. |
22 | The General Assembly recognizes the following public policy |
23 | purposes and declares that the following objectives of the |
24 | Commonwealth are to be served by this part: |
25 | * * * |
26 | (2.1) The legalization of table games as authorized in |
27 | this part is intended to supplement slot machine gaming by |
28 | increasing revenues to the Commonwealth and providing new |
29 | employment opportunities by creating skilled jobs for |
30 | individuals related to the conduct of table games at licensed |
|
1 | facilities in this Commonwealth. |
2 | * * * |
3 | (10.1) The General Assembly has a compelling interest in |
4 | protecting the integrity of both the electoral process and |
5 | the legislative process by preventing corruption and the |
6 | appearance of corruption which may arise through permitting |
7 | campaign contributions by the gaming industry. |
8 | (11) It is necessary to maintain the integrity of the |
9 | regulatory control and legislative oversight over the |
10 | operation of slot machines and table games in this |
11 | Commonwealth; to prevent the actual or appearance of |
12 | corruption that may result from [large] campaign |
13 | contributions; ensure the bipartisan administration of this |
14 | part; and avoid actions that may erode public confidence in |
15 | the system of representative government. |
16 | (11.1) Completely banning campaign contributions by |
17 | certain individuals and entities subject to this act is |
18 | necessary to prevent corruption, or the appearance of |
19 | corruption, that may arise when politics and gaming are |
20 | intermingled. |
21 | (12) It is the intent of the General Assembly to |
22 | authorize the operation of slot machines and table games |
23 | under a single slot machine license issued to a slot machine |
24 | licensee under this part. |
25 | Section 2. The definitions of "associated equipment," |
26 | "cheat," "conduct of gaming," "conviction," "gaming employee," |
27 | "key employee," "licensed facility," "manufacturer," |
28 | "manufacturer license," "slot machine," "supplier" and "supplier |
29 | license" in section 1103 of Title 4 are amended and the section |
30 | is amended by adding definitions to read: |
|
1 | § 1103. Definitions. |
2 | The following words and phrases when used in this part shall |
3 | have the meanings given to them in this section unless the |
4 | context clearly indicates otherwise: |
5 | * * * |
6 | "Associated equipment." Any equipment or mechanical, |
7 | electromechanical or electronic contrivance, component or |
8 | machine used in connection with [gaming] slot machines or table |
9 | games, including linking devices which connect to progressive |
10 | slot machines or slot machines, replacement parts, equipment |
11 | which affects the proper reporting and counting of gross |
12 | terminal revenue and gross table game revenue, computerized |
13 | systems for controlling and monitoring slot machines or table |
14 | games, including, but not limited to, the central control |
15 | computer to which all slot machines communicate and devices for |
16 | weighing or counting money. |
17 | * * * |
18 | "Banking game." Any table game in which players compete |
19 | against a certificate holder rather than against one another. |
20 | * * * |
21 | "Cash." United States currency and coin. |
22 | "Cash equivalent." An asset that is readily convertible to |
23 | cash, including, but not limited to, any of the following: |
24 | (1) Chips, tokens or other representations of value. |
25 | (2) Travelers checks. |
26 | (3) Foreign currency and coin. |
27 | (4) Certified checks, cashier's checks and money orders. |
28 | (5) Personal checks or drafts. |
29 | (6) A negotiable instrument applied against credit |
30 | extended by a certificate holder, a recognized credit card |
|
1 | company or a financial institution. |
2 | (7) Any other instrument that the Pennsylvania Gaming |
3 | Control Board deems a cash equivalent. Other than recognized |
4 | credit cards or credit extended by a certificate holder, all |
5 | instruments that constitute a cash equivalent shall be made |
6 | payable to the slot machine licensee, to the bearer or to |
7 | cash. An instrument made payable to a third party shall not |
8 | be considered a cash equivalent and shall be prohibited. |
9 | * * * |
10 | "Certificate holder." A slot machine licensee that holds a |
11 | table games operation certificate from the Pennsylvania Gaming |
12 | Control Board in accordance with Chapter 13A (relating to table |
13 | games). |
14 | "Cheat." To [alter without authorization] defraud or steal |
15 | from any patron, slot machine licensee or the Commonwealth, |
16 | including causing, aiding, abetting or conspiring with another |
17 | person to do so. The term shall also mean to unlawfully alter |
18 | the elements of chance, skill, method of selection or criteria |
19 | which determine: |
20 | (1) The result of a slot machine game or table game. |
21 | (2) The amount or frequency of payment in a slot machine |
22 | game or table game. |
23 | (3) The value of a wagering instrument. |
24 | (4) The value of a wagering credit. |
25 | The term does not include altering a slot machine, table game |
26 | device or associated equipment for [required] maintenance [and] |
27 | or repair with the approval of a slot machine licensee. |
28 | "Cheating or thieving device." A device used or possessed |
29 | with the intent to use, on or during the play of any slot |
30 | machine or table game to cheat or steal. The term shall also |
|
1 | include any device used to alter slot machines or table game |
2 | devices without the approval of a slot machine licensee. |
3 | "Chip." A representation of value, including plaques, issued |
4 | by and redeemable with the issuing certificate holder for use in |
5 | playing a table game at the certificate holder's licensed |
6 | facility. |
7 | * * * |
8 | "Conduct of gaming." The licensed placement and operation of |
9 | games of skill or chance under this part, as authorized and |
10 | approved by the Pennsylvania Gaming Control Board at a licensed |
11 | facility. |
12 | "Contest." A table game competition among players for a |
13 | prize, whether or not the prize is a specified amount of money |
14 | or players are required to pay consideration to participate in |
15 | the competition. |
16 | * * * |
17 | "Conviction." A finding of guilt or a plea of guilty or nolo |
18 | contendere, whether or not a judgment of sentence has been |
19 | imposed as determined by the law of the jurisdiction in which |
20 | the prosecution was held. The term does not include a conviction |
21 | that has been expunged or overturned or for which an individual |
22 | has been pardoned or had an order of Accelerated Rehabilitative |
23 | Disposition entered. |
24 | * * * |
25 | "Count room." The secured room at a licensed facility |
26 | designated for counting, wrapping and recording a slot machine |
27 | licensee's slot machine or table game receipts, or both. |
28 | "Counterfeit chips." Any chip or similar object not issued |
29 | by a certificate holder for use in playing a table game at the |
30 | certificate holder's licensed facility. |
|
1 | * * * |
2 | "Electronic table game." A table game which, as determined |
3 | by the Pennsylvania Gaming Control Board, is a mechanical, |
4 | electrical or computerized contrivance, terminal, machine or |
5 | other device approved by the Pennsylvania Gaming Control Board |
6 | which, upon insertion of a coin, bill, ticket, token or similar |
7 | object therein or upon payment of any consideration whatsoever, |
8 | including the use of any electronic payment system, is playable |
9 | or operable without either the required assistance of or |
10 | required interaction with a gaming employee. The term does not |
11 | include a slot machine. |
12 | "Executive-level public employee." The term shall include |
13 | the following: |
14 | (1) Deputy Secretaries of the Commonwealth and the |
15 | Governor's Office executive staff. |
16 | (2) An employee of the executive branch with |
17 | discretionary power which may affect or influence the outcome |
18 | of a State agency's action or decision and who is involved in |
19 | the development of regulations or policies relating to a |
20 | licensed entity or who is involved in other matters under |
21 | this part. The term shall include an employee with law |
22 | enforcement authority. |
23 | (3) An employee of a county or municipality with |
24 | discretionary powers which may affect or influence the |
25 | outcome of the county's or municipality's action or decision |
26 | and who is involved in the development of law, regulation or |
27 | policy relating to a licensed entity or who is involved in |
28 | other matters under this part. The term shall include an |
29 | employee with law enforcement authority. |
30 | (4) An employee of a department, agency, board, |
|
1 | commission, authority or other governmental body not included |
2 | in paragraph (1), (2) or (3) with discretionary power which |
3 | may affect or influence the outcome of the governmental |
4 | body's action or decision and who is involved in the |
5 | development of regulation or policy relating to a licensed |
6 | entity or who is involved in other matters under this part. |
7 | The term shall include an employee with law enforcement |
8 | authority. |
9 | * * * |
10 | "Gaming employee." Any employee of a slot machine licensee, |
11 | including, but not limited to: |
12 | (1) Cashiers. |
13 | (2) Change personnel. |
14 | (3) [Counting] Count room personnel. |
15 | (4) Slot attendants. |
16 | (5) Hosts or other persons authorized to extend |
17 | complimentary services. |
18 | (6) Machine mechanics [or], computer machine technicians |
19 | or table game device technicians. |
20 | (7) Security personnel. |
21 | (8) Surveillance personnel. |
22 | (9) Supervisors and managers. |
23 | (10) Boxmen. |
24 | (11) Dealers or croupiers. |
25 | (12) Floormen. |
26 | The term includes employees of a person holding a supplier's |
27 | license whose duties are directly involved with the repair or |
28 | distribution of slot machines, table game devices and associated |
29 | equipment sold or provided to [the] a licensed facility within |
30 | this Commonwealth as determined by the Pennsylvania Gaming |
|
1 | Control Board. The term does not include bartenders, cocktail |
2 | servers or other persons engaged solely in preparing or serving |
3 | food or beverages, clerical or secretarial personnel, parking |
4 | attendants, janitorial, stage, sound and light technicians and |
5 | other nongaming personnel as determined by the board. |
6 | "Gaming junket." An arrangement made by a gaming junket |
7 | representative for an individual who is all of the following: |
8 | (1) Selected or approved for participation in the |
9 | arrangement based on the individual's ability to satisfy |
10 | specific financial qualifications. |
11 | (2) Likely to participate in gaming and to patronize a |
12 | licensed facility for the purpose of gaming. |
13 | (3) Receives as consideration for participation in the |
14 | arrangement part or all of the costs of transportation, food, |
15 | lodging or entertainment which are directly or indirectly |
16 | paid by a slot machine licensee or an agent or an employee of |
17 | a slot machine licensee. |
18 | "Gaming junket enterprise." A person, other than a slot |
19 | machine licensee, who employs or otherwise engages the services |
20 | of a gaming junket representative to arrange gaming junkets to a |
21 | license facility, regardless of whether the activities of the |
22 | gaming junket enterprise occur within this Commonwealth. |
23 | "Gaming junket representative." An individual who is not an |
24 | employee of a slot machine licensee who arranges and negotiates |
25 | the terms of a gaming junket or selects individuals to |
26 | participate in a gaming junket to a licensed facility, |
27 | regardless of whether the activities of the gaming junket |
28 | enterprise occur within this Commonwealth. |
29 | "Gaming school." Any educational institution which is |
30 | approved by the the Department of Education as an accredited |
|
1 | college or university, community college, Pennsylvania private |
2 | licensed school or its equivalent and which is approved by the |
3 | Pennsylvania Gaming Control Board in consultation with the |
4 | Department of Education to provide education and training |
5 | related to employment opportunities associated with slot |
6 | machines or table games, including slot machine, table game |
7 | device and associated equipment maintenance and repair. |
8 | "Gaming service provider." A person that: | <-- |
9 | (1) provides goods or services to a slot machine |
10 | licensee or an applicant for a slot machine license; |
11 | (2) provides goods or services at a licensed facility; |
12 | and |
13 | (3) is not required to be licensed as a manufacturer, |
14 | manufacturer designee, supplier, management company or gaming |
15 | junket enterprise. |
16 | "Gross table game revenue." The total of: |
17 | (1) Cash or cash equivalents received in the playing of |
18 | a table game minus the total of: |
19 | (i) Cash or cash equivalents paid out to patrons as |
20 | a result of playing a table game. |
21 | (ii) Cash paid to purchase annuities to fund prizes |
22 | payable to patrons over a period of time as a result of |
23 | playing a table game. |
24 | (iii) The actual cost paid by the certificate holder |
25 | for any personal property distributed to a patron as a |
26 | result of playing a table game. This does not include |
27 | travel expenses, food, refreshments, lodging or services. |
28 | (2) All table game contest or tournament fees. Table |
29 | game contest or tournament fees shall be calculated as all |
30 | fees or payments, including entry fees, buy-ins, re-buys and |
|
1 | administrative fees, imposed by a certificate holder to |
2 | participate in a table game contest or tournament less cash |
3 | or actual cost paid by a certificate holder for prizes |
4 | awarded to tournament or contest winners. |
5 | (3) The total amount of the rake collected by a |
6 | certificate holder each day. |
7 | The term does not include counterfeit money or chips; coins or |
8 | currency of other countries received in the playing of a table |
9 | game, except to the extent that they are readily convertible to |
10 | United States currency; cash taken in a fraudulent act |
11 | perpetrated against a certificate holder for which the |
12 | certificate holder is not reimbursed. |
13 | * * * |
14 | "Hotel." One or more buildings owned or operated by a |
15 | certificate holder which is attached to, physically connected to |
16 | or adjacent to the certificate holder's licensed facility at |
17 | which the public may obtain sleeping rooms and is located on the |
18 | same parcel of land as the licensed facility. |
19 | * * * |
20 | "Key employee." Any individual who is employed in a director |
21 | or department head capacity and who is empowered to make |
22 | discretionary decisions that regulate slot machine or table game |
23 | operations, including the general manager and assistant manager |
24 | of the licensed facility, director of slot operations, director |
25 | of table games, pit supervisors, shift supervisors, credit |
26 | supervisors, cashier supervisors, table game managers and |
27 | assistant managers, director of cage and/or credit operations, |
28 | director of surveillance, director of marketing, director of |
29 | management information systems, director of security, |
30 | comptroller and any employee who supervises the operations of |
|
1 | these departments or to whom these department directors or |
2 | department heads report and such other positions which the |
3 | Pennsylvania Gaming Control Board shall determine based on |
4 | detailed analyses of job descriptions as provided in the |
5 | internal controls of the licensee as approved by the |
6 | Pennsylvania Gaming Control Board. All other gaming employees |
7 | unless otherwise designated by the Pennsylvania Gaming Control |
8 | Board shall be classified as non-key employees. |
9 | * * * |
10 | "Licensed entity representative." A person acting on behalf |
11 | of or authorized to represent the interest of any applicant, |
12 | licensee or permittee, including an attorney, agent or lobbyist, |
13 | regarding any matter which may reasonably be expected to come |
14 | before the board. |
15 | "Licensed facility." The physical land-based location at |
16 | which a licensed gaming entity is authorized to place and |
17 | operate slot machines and, if authorized by the Pennsylvania |
18 | Gaming Control Board under Chapter 13A (relating to table |
19 | games), to conduct table games. The term includes any area of a |
20 | licensed racetrack previously authorized pursuant to section |
21 | 1207(17) (relating to regulatory authority of board) to operate |
22 | slot machines and any area of a hotel which the Pennsylvania |
23 | Gaming Control Board determines is suitable to conduct table |
24 | games. |
25 | * * * |
26 | "Manufacturer." A person who manufactures, builds, rebuilds, |
27 | fabricates, assembles, produces, programs, designs or otherwise |
28 | makes modifications to any slot machine, table game device or |
29 | associated equipment for use or play of slot machines or table |
30 | games in this Commonwealth for gaming purposes. |
|
1 | "Manufacturer license." A license issued by the Pennsylvania |
2 | Gaming Control Board authorizing a manufacturer to manufacture |
3 | or produce slot machines, table game devices or associated |
4 | equipment for use in this Commonwealth for gaming purposes. |
5 | * * * |
6 | "Municipal authority." A body politic and corporate created |
7 | under the former act of June 28, 1935 (P.L.463, No.191), known |
8 | as the Municipality Authorities Act of 1935, the former act of |
9 | May 2, 1995 (P.L.382, No.164), known as the Municipality |
10 | Authorities Act of 1945 or the act of July 29, 1953 (P.L.1034, |
11 | No.270), known as the Public Auditorium Authorities Law. |
12 | * * * |
13 | "Nonbanking game." Any table game in which players compete |
14 | against one another and in which the certificate holder collects |
15 | a rake. |
16 | "Nonelectronic table game." Any table game that, as |
17 | determined by the Pennsylvania Gaming Control Board, is not an |
18 | electronic table game. |
19 | * * * |
20 | "Party." The Pennsylvania Gaming Control Board, the Bureau |
21 | of Investigations and Enforcement of the Pennsylvania Gaming |
22 | Control Board or any applicant, licensee, permittee, registrant |
23 | or other person appearing of record in any proceeding before the |
24 | board or in any proceeding for judicial review of any action, |
25 | decision or order of the board. |
26 | * * * |
27 | "Rake." A set fee or percentage assessed by a certificate |
28 | holder for providing the services of a dealer, table or location |
29 | for playing any nonbanking game. |
30 | * * * |
|
1 | "Slot machine." Any mechanical [or], electrical or |
2 | computerized contrivance, terminal, machine or other device |
3 | approved by the Pennsylvania Gaming Control Board which, upon |
4 | insertion of a coin, bill, ticket, token or similar object |
5 | therein or upon payment of any consideration whatsoever, |
6 | including the use of any electronic payment system except a |
7 | credit card or debit card, is available to play or operate, the |
8 | play or operation of which, whether by reason of skill or |
9 | application of the element of chance or both, may deliver or |
10 | entitle the person or persons playing or operating the |
11 | contrivance, terminal, machine or other device to receive cash, |
12 | billets, tickets, tokens or electronic credits to be exchanged |
13 | for cash or to receive merchandise or anything of value |
14 | whatsoever, whether the payoff is made automatically from the |
15 | machine or manually. A slot machine: |
16 | (1) May utilize spinning reels or video displays or |
17 | both. |
18 | (2) May or may not dispense coins, tickets or tokens to |
19 | winning patrons. |
20 | (3) May use an electronic credit system for receiving |
21 | wagers and making payouts. |
22 | The term shall include associated equipment necessary to conduct |
23 | the operation of the contrivance, terminal, machine or other |
24 | device. The term does not include an electronic table game. |
25 | * * * |
26 | "Supplier." A person that sells, leases, offers or otherwise |
27 | provides, distributes or services any slot machine, table game |
28 | device or associated equipment for use or play of slot machines |
29 | or table games in this Commonwealth. |
30 | "Supplier license." A license issued by the Pennsylvania |
|
1 | Gaming Control Board authorizing a supplier to provide products |
2 | or services related to slot machines, table games devices or |
3 | associated equipment to slot machine licensees. |
4 | * * * |
5 | "Suspicious transaction." The acceptance or redeeming of |
6 | cash or a cash equivalent involving or aggregating $5,000 if the |
7 | slot machine licensee or person knows or has reason to believe |
8 | the transaction: |
9 | (1) involves funds derived from illegal activities or is |
10 | intended or conducted in order to conceal or disguise funds |
11 | or assets derived from illegal activities; |
12 | (2) is part of a plan to violate or evade any law or |
13 | regulation or to avoid any transaction reporting requirement |
14 | under the law or regulations of this Commonwealth or the |
15 | United States, including a plan to structure a series of |
16 | transactions to avoid any transaction reporting requirement |
17 | under the laws or regulations of this Commonwealth or the |
18 | United States; or |
19 | (3) has no lawful business or other apparent lawful |
20 | purpose or is not the sort of transaction in which a person |
21 | would normally be expected to engage and the slot machine |
22 | licensee or person knows of no reasonable explanation for the |
23 | transaction after examining the available facts, including |
24 | the background and possible purpose of the transaction. |
25 | "Table game." Any banking, nonbanking or percentage game |
26 | played which utilizes a table game device for cash, a cash |
27 | equivalent or any representation of value. The term includes |
28 | roulette, baccarat, blackjack, poker, craps, big six wheel, red |
29 | dog, pai gow, casino war and sic bo and any other banking, |
30 | nonbanking or percentage game approved by the Pennsylvania |
|
1 | Gaming Control Board. The term shall also include any game |
2 | authorized for use in a licensed facility that is used for |
3 | gaming contests or tournaments in which players compete against |
4 | one another. The term shall not include: |
5 | (1) Lottery games of the Pennsylvania State Lottery as |
6 | authorized under the act of August 26, 1971 (P.L.351, No.91), |
7 | known as the State Lottery Law. |
8 | (2) Bingo as authorized under the act of July 10, 1981 |
9 | (P.L.214, No.67), known as the Bingo Law. |
10 | (3) Pari-mutuel betting on the outcome of thoroughbred |
11 | or harness horse racing as authorized under the act of |
12 | December 17, 1981 (P.L.435, No.135), known as the Race Horse |
13 | Industry Reform Act. |
14 | (4) Small games of chance as authorized under the act of |
15 | December 19, 1988 (P.L.1262, No.156), known as the Local |
16 | Option Small Games of Chance Act. |
17 | (5) Slot machine gaming and progressive slot machine |
18 | gaming as defined and authorized under this part. |
19 | (6) Keno. |
20 | "Table game device." Includes gaming tables, cards, dice, |
21 | chips, shufflers, tiles, dominoes, wheels, drop boxes or any |
22 | mechanical, electrical or computerized contrivance, terminal, |
23 | machine or other device, apparatus, equipment or supplies |
24 | approved by the Pennsylvania Gaming Control Board and used to |
25 | conduct a table game. |
26 | "Table game operation certificate." A certificate from the |
27 | Pennsylvania Gaming Control Board that authorizes a slot machine |
28 | licensee to conduct table games in accordance with this part. |
29 | "Tournament." An organized series of table game contests |
30 | approved by the Pennsylvania Gaming Control Board. |
|
1 | "Trustee." A person appointed by the Pennsylvania Gaming |
2 | Control Board to manage and control the operations of a licensed |
3 | facility to ensure compliance with this part and who has the |
4 | fiduciary responsibility to make decisions for the benefit of |
5 | the licensed gaming entity and the Commonwealth. |
6 | * * * |
7 | Section 3. Section 1201(f)(3), (h)(7.1), (10), (11), (13), |
8 | (14) and (15), (i)(1) and (k) of Title 4 are amended, subsection | <-- |
9 | (h) is amended by adding paragraphs and the section is amended |
10 | by adding a subsection subsections to read: | <-- |
11 | § 1201. Pennsylvania Gaming Control Board established. |
12 | * * * |
13 | (f) Qualified majority vote.-- |
14 | * * * |
15 | (3) Notwithstanding any other provision of this part or |
16 | 65 Pa.C.S. § 1103(j) (relating to restricted activities), a |
17 | member shall disclose the nature of his disqualifying |
18 | interest, disqualify himself and abstain from voting in a |
19 | proceeding under this part in which his objectivity, |
20 | impartiality, integrity or independence of judgment may be |
21 | reasonably questioned, as provided in subsection (h)(6) or |
22 | section 1202.1(c)(3) (relating to code of conduct). If a |
23 | legislative appointee has disqualified himself, the qualified |
24 | majority shall consist of all of the remaining legislative |
25 | appointees and at least two gubernatorial appointees. |
26 | * * * |
27 | (h) Qualifications and restrictions.-- |
28 | * * * |
29 | (7.1) Prior to being sworn as a member, an appointee and |
30 | his immediate family shall divest any financial interest in |
|
1 | any applicant, licensed facility or licensed entity and in an |
2 | affiliate, intermediary, subsidiary or holding company |
3 | thereof owned or held by the appointee or known to be held by |
4 | the appointee's immediate family. For the duration of the |
5 | member's term and for [one year] two years thereafter, the |
6 | member and the member's immediate family may not acquire a |
7 | financial interest in any applicant, licensed facility or |
8 | licensed entity or in an affiliate, intermediary, subsidiary |
9 | or holding company thereof. For purposes of this paragraph, |
10 | the term "immediate family" shall mean spouse and any minor |
11 | or unemancipated child. |
12 | * * * |
13 | (10) No former member may appear before the board in any |
14 | hearing or proceeding or participate in any other activity on |
15 | behalf of any applicant, licensed entity, or an affiliate, |
16 | intermediary, subsidiary or holding company thereof, or any |
17 | other licensee or permittee for a period of two years from |
18 | the termination of term of office. |
19 | (11) No member, employee or independent contractor of |
20 | the board shall accept a complimentary service, wager or be |
21 | paid any prize from any wager at any licensed facility within |
22 | this Commonwealth or at any other facility outside this |
23 | Commonwealth which is owned or operated by a licensed gaming |
24 | entity or any of its affiliates, intermediaries, subsidiaries |
25 | or holding companies thereof for the duration of their term |
26 | of office, employment or contract with the board and for a |
27 | period of [one year] two years from the termination of term |
28 | of office, employment or contract with the board. The |
29 | provisions of this paragraph prohibiting wagering during the |
30 | term of employment shall not apply to employees or |
|
1 | independent contractors of the board who utilize slot |
2 | machines or table game devices for testing purposes or to |
3 | verify the performance of a machine or table game as part of |
4 | an enforcement investigation. |
5 | * * * |
6 | (13) No employee of the board [or individual employed by |
7 | an independent contractor of the board] whose duties |
8 | substantially involve licensing[,] or enforcement [or], the |
9 | development [or adoption] of laws, or the development or |
10 | adoption of regulations or policy or who has other |
11 | discretionary authority which may affect the outcome of an |
12 | action or decision under this part, including the executive |
13 | director, bureau directors and attorneys, shall do any of the |
14 | following: |
15 | (i) [accept] Accept employment with an applicant or |
16 | licensed entity, or an affiliate, intermediary, |
17 | subsidiary or holding company thereof, for a period of |
18 | [one year] two years after the termination of the |
19 | employment relating to the conduct of gaming [or contract |
20 | with the board; or]. |
21 | (ii) [appear] Appear before the board in any hearing |
22 | or proceeding or participate in any other activity on |
23 | behalf of any applicant, licensee, permittee or licensed |
24 | entity, or an affiliate, intermediary, subsidiary or |
25 | holding company thereof, for a period of two years after |
26 | termination of the employment [or contract with the |
27 | board]. |
28 | (iii) As a condition of employment, an employee |
29 | subject to this paragraph shall sign an affidavit that |
30 | the employee will not accept employment with or be |
|
1 | retained by any applicant, licensed entity or an |
2 | affiliate, intermediary, subsidiary or holding company |
3 | thereof for a period of two years from the termination of |
4 | employment. An applicant or licensed entity or an |
5 | affiliate, intermediary, subsidiary or holding company |
6 | thereof shall not employ or retain an individual who |
7 | signed an affidavit required by this subparagraph. An |
8 | applicant or licensed entity or an affiliate, |
9 | intermediary, subsidiary or holding company that |
10 | knowingly employs or retains an individual in violation |
11 | of this subparagraph shall be subject to a penalty under |
12 | section 1518(c) (relating to prohibited acts; penalties). |
13 | (13.1) Nothing shall prevent a current or former |
14 | employee of the board from appearing in any proceeding as a |
15 | witness where the employee is called to testify concerning |
16 | any fact or information obtained while employed with the |
17 | board or related to the performance of duties while so |
18 | employed. |
19 | (13.2) No independent contractor or individual employed |
20 | by an independent contractor of the board whose duties |
21 | substantially involve consultation relating to licensing, |
22 | enforcement or the development or adoption of regulations or |
23 | policy under this part shall: |
24 | (i) Accept employment with or be retained by an |
25 | applicant or a licensed entity or an affiliate, |
26 | intermediary, subsidiary or holding company thereof for a |
27 | period of one year after the termination of the contract |
28 | with the board. |
29 | (ii) Appear before the board in any hearing or |
30 | proceeding or participate in any other activity on behalf |
|
1 | of an applicant, licensee, permittee or licensed entity |
2 | or an affiliate, intermediary, subsidiary or holding |
3 | company of an applicant, licensee, permittee or licensed |
4 | entity for a period of two years after termination of the |
5 | contract with the board. Nothing shall prevent a current |
6 | or former independent contractor or employee of an |
7 | independent contractor of the board from appearing in any |
8 | proceeding as a witness where the independent contractor |
9 | or employee of the independent contractor is being called |
10 | to testify concerning any fact or information obtained |
11 | while contracting with the board or related to the |
12 | performance of the contract. |
13 | (iii) As a condition of a contract, an independent |
14 | contractor or individual employed by an independent |
15 | contractor of the board under this paragraph shall sign |
16 | an affidavit to not accept employment with or be retained |
17 | by any applicant, licensed entity or an affiliate, |
18 | intermediary, subsidiary or holding company of an |
19 | applicant, licensed entity or affiliate for a period of |
20 | one year from the termination of employment. A licensed |
21 | entity or an affiliate, intermediary, subsidiary or |
22 | holding company of an applicant, licensed entity or |
23 | affiliate shall not employ or retain an individual who |
24 | signed an affidavit required by this subparagraph. A |
25 | licensed entity or an affiliate, intermediary, subsidiary |
26 | or holding company thereof that knowingly employs or |
27 | retains an individual in violation of this subparagraph |
28 | shall be subject to a penalty under section 1518(c). |
29 | (14) Upon the written request of an employee of the |
30 | board, the executive branch of the Commonwealth or a |
|
1 | political subdivision or of the agency or political |
2 | subdivision employing an employee, the State Ethics |
3 | Commission shall determine whether the individual's duties |
4 | substantially involve the development [or adoption] of laws, |
5 | or the development or adoption of regulations or policy, |
6 | licensing or enforcement under this part or other |
7 | discretionary authority which may affect the outcome of an |
8 | action, proceeding or decision under this part and shall |
9 | provide a written determination to the employee or the agency |
10 | or political subdivision employing the employee to include |
11 | any prohibition under this paragraph. An individual who |
12 | relies in good faith on a determination under this paragraph |
13 | shall not be subject to any penalty for an action taken, |
14 | provided that all material facts set forth in the request for |
15 | a determination are correct. |
16 | (15) If a member[, employee or independent contractor] |
17 | of the board violates any provision of this section, the |
18 | appointing authority [or the board may, upon notice and |
19 | hearing,] may remove the person from the board[, withdraw the |
20 | appointment or]. A member removed under this paragraph shall |
21 | be prohibited from future appointment to the board and shall |
22 | be prohibited from applying for a license, permit or other |
23 | authorization and from becoming an independent contractor of |
24 | the board, or registering as a licensed entity representative |
25 | for a period of five years from the date of removal from the |
26 | board. If an employee or independent contractor of the board |
27 | violates any provision of this section, the board may, upon |
28 | notice and hearing, terminate the employment or contract, and |
29 | the person shall be ineligible for future [appointment,] |
30 | employment or [contract] contracting with the board and [for |
|
1 | approval of a license or permit under this part for a period |
2 | of two years thereafter] shall be prohibited from applying |
3 | for a license, permit or other authorization and from |
4 | becoming an independent contractor or registering as a |
5 | licensed entity representative for a period of five years |
6 | from the date of termination of the employment or contract. |
7 | * * * | <-- |
8 | (h.4) Restrictions on appointment of legislators.--No member |
9 | of the Senate or House of Representatives shall be eligible for |
10 | appointment as a member of the board during the term of office |
11 | for which the person was elected and for a period of 12 months |
12 | thereafter. |
13 | (i) Compensation.-- | <-- |
14 | (1) [The Executive Board as established in the act of |
15 | April 9, 1929 (P.L.177, No.175), known as The Administrative |
16 | Code of 1929, shall establish the compensation of the |
17 | members.] |
18 | (i) Members, including members serving on the |
19 | effective date of this subparagraph, shall receive an |
20 | annual salary of $68,284, except the chairman, who shall |
21 | receive an annual salary of $71,084. |
22 | (ii) Members shall be eligible to receive a cost-of- |
23 | living adjustment consistent with the provisions of |
24 | section 3(e) of the act of September 30, 1983 (P.L.160, |
25 | No.39), known as the Public Official Compensation Law. |
26 | * * * |
27 | (k) Appointments.--[The appointing authorities] Following |
28 | the initial appointment of members under subsection (b), the |
29 | appointing authority shall make [their initial] appointments |
30 | within 60 days of [the effective date of this part] a vacancy in |
|
1 | an office. No appointment shall be final until receipt by the |
2 | appointing authority of the required background investigation of |
3 | the appointee by the Pennsylvania State Police which shall be |
4 | completed within 30 days. No person who has been convicted in |
5 | any domestic or foreign jurisdiction of a felony, infamous crime |
6 | or gaming offense shall be appointed to the board. |
7 | * * * |
8 | (m.1) Budgetary impasse.--If, in the event of a budgetary or |
9 | other fiscal crisis, the Governor orders the furlough of |
10 | Commonwealth employees or the closing of any Commonwealth |
11 | agency, the board and its employees and all employees of the |
12 | Department of Revenue, the Pennsylvania State Police and the |
13 | Office of Attorney General whose duties involve the regulation |
14 | and oversight of gaming under this part shall not be subject to |
15 | furlough but shall continue to perform their duties of |
16 | employment. |
17 | * * * |
18 | Section 3.1. Section 1201.1(a)(1) of Title 4 is amended to |
19 | read: |
20 | § 1201.1. Applicability of other statutes. |
21 | (a) General rule.--The following acts shall apply to the |
22 | board: |
23 | (1) The act of [June 21, 1957 (P.L.390, No.212), |
24 | referred to] February 14, 2008 (P.L.6, No.3), known as the |
25 | Right-to-Know Law. |
26 | * * * |
27 | Section 4. Section 1202(a)(1) and (2) and (b)(7), (20), (23) | <-- |
28 | and (30) of Title 4 are amended and subsection (b) is amended by |
29 | adding paragraphs to read: |
30 | § 1202. General and specific powers. |
|
1 | (a) General powers.-- |
2 | (1) The board shall have general and sole regulatory |
3 | authority over the conduct of gaming or related activities as |
4 | described in this part. The board shall ensure the integrity |
5 | of the acquisition and operation of slot machines, table |
6 | games, table game devices and associated equipment and shall |
7 | have sole regulatory authority over every aspect of the |
8 | authorization and operation of slot machines and table games. |
9 | (2) The board shall employ individuals as necessary to | <-- |
10 | carry out the powers and duties of the board, who shall serve |
11 | at the board's pleasure. An employee of the board shall be |
12 | considered a State employee for purposes of 71 Pa.C.S. Pt. |
13 | XXV (relating to retirement for State employees and |
14 | officers). For the purposes of this paragraph, the board |
15 | shall not be considered an executive or independent agency |
16 | under the act of October 15, 1980 (P.L.950, No.164), known as |
17 | the Commonwealth Attorneys Act. The board shall not take |
18 | final action in filling the positions of executive director |
19 | of the board, director of the bureau, chief counsel of the |
20 | board or director of the Office of Enforcement Counsel until |
21 | receipt and review of the results of the background |
22 | investigation under section 1517(c)(1.1) (relating to |
23 | investigations and enforcement). |
24 | * * * |
25 | (b) Specific powers.--The board shall have the specific |
26 | power and duty: |
27 | * * * |
28 | (7) To administer oaths, examine witnesses and issue |
29 | subpoenas compelling the attendance of witnesses or the |
30 | production of documents and records or other evidence[. The |
|
1 | provisions of this paragraph shall apply to designated |
2 | officers and employees.], or to designate officers or |
3 | employees to perform these duties. |
4 | * * * |
5 | (12.1) To issue, approve, authorize, renew, revoke, |
6 | suspend, condition or deny issuance or renewal of a table |
7 | game operation certificate to a slot machine licensee in |
8 | accordance with Chapter 13A (relating to table games). |
9 | * * * |
10 | (20) In addition to the power of the board regarding |
11 | license and permit applicants, to determine at its discretion |
12 | the suitability of any person who furnishes or seeks to |
13 | furnish to a slot machine licensee directly or indirectly any |
14 | goods, services or property related to slot machines, table |
15 | games or associated equipment or through any arrangements |
16 | under which that person receives payment based directly or |
17 | indirectly on earnings, profits or receipts from the slot |
18 | machines, table games and associated equipment. The board may |
19 | require any such person to comply with the requirements of |
20 | this part and the regulations of the board and may prohibit |
21 | the person from furnishing the services or property. |
22 | * * * |
23 | (23) The board shall not approve, issue or renew a |
24 | license, certificate or permit unless it is satisfied that |
25 | the applicant has demonstrated by clear and convincing |
26 | evidence that the applicant is a person of good character, |
27 | honesty and integrity and is a person whose prior activities, |
28 | criminal record, if any, reputation, habits and associations |
29 | do not pose a threat to the public interest or the effective |
30 | regulation and control of slot machine or table game |
|
1 | operations or create or enhance the danger of unsuitable, |
2 | unfair or illegal practices, methods and activities in the |
3 | conduct of slot machine or table game operations or the |
4 | carrying on of the business and financial arrangements |
5 | incidental thereto. |
6 | * * * |
7 | (27.1) To publish each January in the Pennsylvania |
8 | Bulletin and on the Pennsylvania Gaming Control Board's |
9 | Internet website a complete list of all slot machine |
10 | licensees who filed a petition seeking authorization to |
11 | conduct table games and the status of each petition or table |
12 | game operation certificate. |
13 | * * * |
14 | (30) To promulgate rules and regulations necessary for |
15 | the administration and enforcement of this part, including |
16 | regulations in cooperation with the Pennsylvania Liquor |
17 | Control Board and regulations relating to the sale and |
18 | service of liquor and malt and brewed beverages by licensees. |
19 | [Except as provided in section 1203 (relating to temporary |
20 | regulations), regulations] Regulations shall be adopted |
21 | pursuant to the act of July 31, 1968 (P.L.769, No.240), |
22 | referred to as the Commonwealth Documents Law, and the act of |
23 | June 25, 1982 (P.L.633, No.181), known as the Regulatory |
24 | Review Act. |
25 | (31) To collect and post information on its Internet |
26 | website with sufficient detail to inform the public of the |
27 | controlling interest or ownership interest of an applicant |
28 | for a slot machine license or a licensed gaming entity or |
29 | affiliate, intermediary, subsidiary or holding company |
30 | thereof. The posting shall include: |
|
1 | (i) The names of all persons with a controlling |
2 | interest in a publicly traded domestic or foreign |
3 | corporation, partnership, limited liability company or |
4 | other legal entity. |
5 | (ii) The names of all persons with an ownership |
6 | interest equal to or greater than 1% of a privately held |
7 | domestic or foreign corporation, partnership, limited |
8 | liability company or other legal entity. |
9 | (iii) The name of a trustee entitled to cast the |
10 | vote of a person under subparagraph (i) or (ii). |
11 | (iv) The names of all officers, directors, |
12 | principals and key employees of a licensed gaming entity. |
13 | (32) To appoint a trustee as prescribed in section 1332 |
14 | (relating to appointment of trustee) to act on behalf of the |
15 | Commonwealth and the board to operate a licensed facility and |
16 | ensure compliance with this part. |
17 | (33) To develop regulations, in consultation and |
18 | collaboration with the State Ethics Commission and the |
19 | Administrative Office of the Pennsylvania Courts, to govern |
20 | the postemployment limitations and restrictions of employees |
21 | of the board who are members of the Pennsylvania Bar and |
22 | whose duties with the board substantially involve the |
23 | practice of law. |
24 | (34) To review detailed site plans identifying a |
25 | petitioner's proposed table game area within a licensed |
26 | facility or any proposed temporary facility to determine the |
27 | adequacy of the proposed internal and external security and |
28 | proposed surveillance measures. |
29 | Section 5. Section 1202.1 of Title 4 is amended to read: |
30 | § 1202.1. Code of conduct. |
|
1 | (a) Scope.--The board shall adopt a comprehensive code of |
2 | conduct prior to the consideration of any license, permit or |
3 | registration application. The code of conduct shall supplement |
4 | all other requirements under this part and 65 Pa.C.S. Pt. II |
5 | (relating to accountability) and shall provide guidelines |
6 | applicable to members, employees, independent contractors of the |
7 | board and the immediate [families] family members of the |
8 | members, employees and independent contractors of the board to |
9 | enable them to avoid any perceived or actual conflict of |
10 | interest and to promote public confidence in the integrity and |
11 | impartiality of the board. At a minimum, the code of conduct |
12 | adopted under this section shall include registration of |
13 | licensed entity representatives under subsection (b) and the |
14 | restrictions under [subsection (c)] subsections (c) and (c.1). |
15 | (b) Registration.-- |
16 | (1) A licensed entity representative shall register with |
17 | the board in a manner prescribed by the board, which shall |
18 | include the name, employer or firm, business address[,] and |
19 | business telephone number of both the licensed entity |
20 | representative and [the] any licensed entity or applicant for |
21 | licensed entity licensure being represented. |
22 | (2) A licensed entity representative shall have an |
23 | [ongoing] affirmative duty to update its registration |
24 | information on an ongoing basis and failure to do so shall be |
25 | punishable by the board. |
26 | (3) The [registration list] board shall maintain a |
27 | registration list which shall contain the information |
28 | required under paragraph (1) and which shall be available for |
29 | public inspection at the offices of the board and on the |
30 | board's Internet website. |
|
1 | (c) Restrictions.--A member of the board shall: |
2 | (1) Not engage in any ex parte communication with any |
3 | person. |
4 | (2) Not accept any discount, gift, gratuity, |
5 | compensation, travel, lodging or other thing of value, |
6 | directly or indirectly, from any applicant, [licensee,] |
7 | licensed entity, including any affiliate, subsidiary, |
8 | intermediary or holding company thereof, permittee[, |
9 | registrant] or licensed entity representative thereof. |
10 | (3) Disclose and [disqualify] recuse himself from any |
11 | hearing or other proceeding in which the member's |
12 | objectivity, impartiality, integrity or independence of |
13 | judgment may be reasonably questioned due to the member's |
14 | relationship or association with a party connected to any |
15 | hearing or proceeding or a person appearing before the board. |
16 | (4) Refrain from any financial or business dealing which |
17 | would tend to reflect adversely on the member's objectivity, |
18 | impartiality or independence of judgment. |
19 | (5) Not hold or campaign for public office, hold an |
20 | office in any political party or political committee as |
21 | defined in section 1513(d)(relating to political influence), |
22 | contribute to or solicit contributions to a political |
23 | campaign, [party,] political party, political committee or |
24 | candidate, publicly endorse a candidate or actively |
25 | participate in a political campaign. |
26 | (6) Not solicit funds for any charitable, educational, |
27 | religious, health, fraternal, civic or other nonprofit entity |
28 | from an applicant, licensed entity or affiliate, subsidiary, |
29 | intermediary or holding company of a licensed entity, |
30 | interested party, permittee or licensed entity |
|
1 | representative. A board member may serve as an officer, |
2 | employee or member of the governing body of a nonprofit |
3 | entity and may attend, make personal contributions to and |
4 | plan or preside over the entity's fundraising events. A board |
5 | member may permit his name to appear on the letterhead used |
6 | for fundraising events if the letterhead contains only the |
7 | board member's name and position with the nonprofit entity. |
8 | (7) Not meet or engage in discussions with any |
9 | applicant, [person licensed under this part] licensed entity, |
10 | permittee, [or a] licensed entity representative, person who |
11 | provides goods, property or services to a slot machine |
12 | licensee or any other person or entity under the jurisdiction |
13 | of the board unless the meeting or discussion occurs on the |
14 | business premises of the board and is recorded in a log |
15 | maintained for this purpose. The log shall be available for |
16 | public inspection during the regular business hours of the |
17 | board and shall be posted on the board's Internet website. |
18 | The log shall include the date and time of the meeting or |
19 | discussion, the names of the participants and a description |
20 | of the subject matter discussed. The provisions of this |
21 | paragraph shall not apply to meetings [of the board] to |
22 | consider matters requiring the physical inspection of the |
23 | equipment or premises of an applicant or a licensed entity at |
24 | [their] the location of the licensed facility. |
25 | (8) Avoid impropriety and the appearance of impropriety |
26 | at all times and observe standards and conduct that promote |
27 | public confidence in the oversight of gaming. |
28 | (9) Comply with any other laws, rules or regulations |
29 | relating to the conduct of a member. |
30 | (c.1) Prohibitions.-- |
|
1 | (1) No member or attorney of the Office of Chief Counsel |
2 | advising the board on a particular licensing issue or |
3 | proceeding or employee whose duties relate to licensing and |
4 | who is advising the board on a particular licensing issue or |
5 | proceeding shall engage in any ex parte communication with |
6 | any person. |
7 | (2) No attorney representing the bureau or the Office of |
8 | Enforcement Counsel or an applicant, licensee or permittee in |
9 | any proceeding shall engage in an ex parte communication with |
10 | a member, an attorney of the Office of Chief Counsel advising |
11 | the board on a proceeding or a hearing officer of the board. |
12 | (3) No employee of the bureau or the Office of |
13 | Enforcement Counsel who is involved in a proceeding shall |
14 | engage in an ex parte communication with a member, an |
15 | attorney of the Office of Chief Counsel who is advising the |
16 | board on the proceeding or a hearing officer of the board. |
17 | (c.2) Procedures relating to ex parte communications.-- |
18 | (1) An ex parte communication received or engaged in by |
19 | a board member, employee or hearing officer shall be recorded |
20 | in a log maintained for this purpose. The log shall be |
21 | available for public inspection during the regular business |
22 | hours of the board and shall be posted on the board's |
23 | Internet website. The log shall include: |
24 | (i) The name of the individual documenting the ex |
25 | parte communication. |
26 | (ii) The date and time of the ex parte |
27 | communication. |
28 | (iii) The names of all individuals involved in the |
29 | ex parte communication. |
30 | (iv) A description of the subject matter discussed |
|
1 | and a summary of the substance of the ex parte |
2 | communication. |
3 | (2) In addition to documenting an ex parte communication |
4 | under paragraph (1), notification of the substance of the |
5 | communication and an opportunity to respond shall be provided |
6 | to all persons directly affected by the anticipated vote or |
7 | action of the board related to the ex parte communication. |
8 | (3) (i) A board member, employee or hearing officer who |
9 | engaged in or received an ex parte communication shall |
10 | recuse himself from any hearing or other proceeding |
11 | related to the ex parte communication if the context and |
12 | substance of the ex parte communication creates |
13 | substantial reasonable doubt as to the individual's |
14 | ability to act objectively, independently or impartially. |
15 | (ii) A board member, employee or hearing officer who |
16 | engaged in or received an ex parte communication who |
17 | elects not to recuse himself from a hearing or other |
18 | proceeding shall state his reasons for not recusing |
19 | himself on the record prior to the commencement of the |
20 | hearing or proceeding. |
21 | (iii) If a legislative appointee recuses himself |
22 | from any hearing or other proceeding under this section, |
23 | any qualified majority vote required under this part |
24 | shall consist of all of the remaining legislative |
25 | appointees and at least two gubernatorial appointees. |
26 | (iv) Failure of a hearing officer or employee who |
27 | engaged in or received an ex parte communication to |
28 | recuse himself when required under subparagraph (i) from |
29 | a hearing or other proceeding shall be grounds for appeal |
30 | to the board. |
|
1 | (v) Failure of a board member who engaged in or |
2 | received an ex parte communication to recuse himself from |
3 | a hearing or other proceeding when required under |
4 | subparagraph (i) shall be grounds for appeal to a court |
5 | of competent jurisdiction if the board action being |
6 | appealed could not have occurred without the |
7 | participation of the board member. |
8 | (d) Ex officio members.--The restrictions under subsection |
9 | (c)(5) shall not apply to ex officio members. |
10 | (e) Definitions.--As used in this section, the following |
11 | words and phrases shall have the meanings given to them in this |
12 | subsection: |
13 | "Ex parte communication." An off-the-record communication |
14 | engaged in or received by a member [or], employee or hearing |
15 | officer of the board regarding the merits of or any fact in |
16 | issue relating to a pending matter before the board or which may |
17 | reasonably be expected to come before the board in a contested |
18 | on-the-record proceeding. The term shall not include off-the- |
19 | record communications by or between a member [or], employee or |
20 | hearing officer of the board, Department of Revenue, |
21 | Pennsylvania State Police, Attorney General or other law |
22 | enforcement official prior to the beginning of the proceeding |
23 | solely for the purpose of seeking clarification or correction to |
24 | evidentiary materials intended for use in the proceedings. |
25 | "Immediate family." The spouse, parents, children and |
26 | siblings. |
27 | ["Licensed entity representative." A person acting on behalf |
28 | of or representing the interest of any applicant, licensee, |
29 | permittee or registrant, including an attorney, agent or |
30 | lobbyist, regarding any matter which may reasonably be expected |
|
1 | to come before the board.] |
2 | Section 6. Title 4 is amended by adding a section to read: |
3 | § 1202.2. Expenses of regulatory agencies. |
4 | Members and employees of the board and employees of the |
5 | department, the Attorney General and the Pennsylvania State |
6 | Police whose duties substantially involve the regulation of |
7 | gaming or enforcement under this part and employees of the |
8 | Auditor General whose duties involve financial audit activities |
9 | of the board shall only be reimbursed for actual and reasonable |
10 | expenses incurred during the performance of their duties under |
11 | this part. In order to receive reimbursement for an expense in |
12 | excess of $10, the member or employee of the board, the |
13 | department, Attorney General, Auditor General or Pennsylvania |
14 | State Police shall submit a receipt validating the expense |
15 | incurred. Reimbursements, allowances or other payments in an |
16 | amount greater than the expenses for which receipts are |
17 | submitted are prohibited. Receipts and requests for | <-- |
18 | reimbursement shall be financial records for purposes of the act |
19 | of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know |
20 | Law. Information provided to the board under this subsection may | <-- |
21 | be redacted by the provider of the information. |
22 | Section 7. Section 1204 of Title 4 is amended to read: |
23 | § 1204. Licensed gaming entity application appeals from board. |
24 | The Supreme Court of Pennsylvania shall be vested with |
25 | exclusive appellate jurisdiction to consider appeals of any |
26 | final order, determination or decision of the board involving |
27 | the approval, issuance, denial or conditioning of a slot machine |
28 | license or table game operation certificate. Notwithstanding the |
29 | provisions of 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial |
30 | review of Commonwealth agency action) and 42 Pa.C.S. § 763 |
|
1 | (relating to direct appeals from government agencies), the |
2 | Supreme Court shall affirm all final orders, determinations or |
3 | decisions of the board involving the approval, issuance, denial |
4 | or conditioning of a slot machine license or table game |
5 | operation certificate unless it shall find that the board |
6 | committed an error of law or that the order, determination or |
7 | decision of the board was arbitrary and there was a capricious |
8 | disregard of the evidence. |
9 | Section 7.1. Section 1205(b)(1) and (2) of Title 4 are |
10 | amended and the subsection is amended by adding a paragraph to |
11 | read: |
12 | § 1205. License or permit application hearing process; public |
13 | input hearings. |
14 | * * * |
15 | (b) Public input hearing requirement.-- |
16 | (1) [Prior to licensing a facility under this part, the |
17 | board shall hold at least one public input hearing on the |
18 | matter.] The board shall hold at least one public input |
19 | hearing prior to: |
20 | (i) Issuing or renewing a slot machine license. |
21 | (ii) Approving the structural redesign of any |
22 | licensed facility, including a licensed facility located |
23 | in a city of the first class. |
24 | (2) All public input hearings [relating to an |
25 | application for a slot machine license] under paragraph (1) |
26 | shall be held in the municipality where the licensed facility |
27 | will be, or is, located and shall be organized in cooperation |
28 | with the municipality. |
29 | * * * |
30 | (4) In addition to any witnesses scheduled to testify |
|
1 | under paragraph (3), the board shall establish a public |
2 | comment period during which time members of the public may |
3 | address the board regarding the proposed license or |
4 | structural redesign of a licensed facility under paragraph |
5 | (1). The board, in its discretion, may place reasonable time |
6 | limits on an individual's comments. |
7 | Section 8. Section 1206(f) of Title 4 is amended to read: |
8 | § 1206. Board minutes and records. |
9 | * * * |
10 | (f) Confidentiality of information.--[All] |
11 | (1) The following information submitted by an applicant |
12 | or licensee pursuant to section 1310(a) (relating to slot |
13 | machine license application character requirements) or |
14 | 1308(a.1) (relating to applications for license or permit) or |
15 | obtained by the board or the bureau as part of a background |
16 | or other investigation from any source shall be [considered] |
17 | confidential[.] and withheld from public disclosure: |
18 | (i) All information relating to good character, |
19 | honesty and integrity, including family, habits, |
20 | reputation, history of criminal activity, business |
21 | activities, financial affairs and business, professional |
22 | and personal associations submitted under section 1310(a) |
23 | or 1308(a.1) or otherwise obtained by the board or the |
24 | bureau. |
25 | (ii) Nonpublic personal information, including |
26 | telephone numbers, Social Security numbers, educational |
27 | records, memberships, medical records, tax returns and |
28 | declarations, actual or proposed compensation, financial |
29 | account records, creditworthiness or a financial |
30 | condition relating to an applicant, licensee or permittee |
|
1 | or the immediate family thereof. |
2 | (iii) Documents and information relating to |
3 | proprietary information, trade secrets, patents or |
4 | exclusive licenses, architectural and engineering plans |
5 | and information relating to competitive marketing |
6 | materials and strategies, which may include customer- |
7 | identifying information or customer prospects for |
8 | services subject to competition. |
9 | (iv) Security information, including risk prevention |
10 | plans, detection and countermeasures, location of count |
11 | rooms, emergency management plans, security and |
12 | surveillance plans, equipment and usage protocols and |
13 | theft and fraud prevention plans and countermeasures. |
14 | (v) Information with respect to which there is a |
15 | reasonable possibility that public release or inspection |
16 | of the information would constitute an unwarranted |
17 | invasion into personal privacy of any individual as |
18 | determined by the board. |
19 | (vi) Records of an applicant or licensee not |
20 | required to be filed with the Securities and Exchange |
21 | Commission by issuers that either have securities |
22 | registered under section 12 of the Securities Exchange |
23 | Act of 1934 (48 Stat. 881, 15 U.S.C. § 78a et seq.) or |
24 | are required to file reports under section 15(d) of the |
25 | Securities Exchange Act of 1934. |
26 | (vii) Records considered nonpublic matters or |
27 | information by the Securities and Exchange Commission as |
28 | provided by 17 CFR 200.80 (relating to commission records |
29 | and information). |
30 | (viii) Any financial information deemed confidential |
|
1 | by the board upon a showing of good cause by the |
2 | applicant or licensee. |
3 | (2) No claim of confidentiality shall be made regarding |
4 | any information from a criminal history record check that is |
5 | available to the public under 18 Pa.C.S. § 9121(b) (relating |
6 | to noncriminal justice agencies and individuals). |
7 | (3) This subsection shall not apply to any information |
8 | in possession of the board that is otherwise publicly |
9 | available from another public agency in this Commonwealth or |
10 | another jurisdiction. |
11 | (4) Except as provided in section 1517(f) (relating to |
12 | [investigation] investigations and enforcement), the |
13 | information made confidential pursuant to this section shall |
14 | be withheld from public disclosure in whole or in part, |
15 | except that any confidential information shall be released |
16 | upon the lawful order of a court of competent jurisdiction |
17 | or, with the approval of the Attorney General, to a duly |
18 | authorized law enforcement agency or shall be released to the |
19 | public, in whole or in part, to the extent that such release |
20 | is requested by an applicant and does not otherwise contain |
21 | confidential information about another person. |
22 | (5) The board may seek a voluntary waiver of |
23 | confidentiality from an applicant or licensed entity but may |
24 | not require any applicant or licensed entity to waive any |
25 | confidentiality provided for in this subsection as a |
26 | condition for the approval of a license or any other action |
27 | of the board. Any [person who violates this subsection] |
28 | current or former board member, employee or independent |
29 | contractor of the board and any current or former member or |
30 | employee of the Pennsylvania State Police, Office of Attorney |
|
1 | General, Office of the Auditor General or department who |
2 | publicly discloses confidential information in violation of |
3 | this subsection shall be administratively disciplined by |
4 | discharge, suspension, termination of contract or other |
5 | formal disciplinary action as [the board deems] appropriate. |
6 | * * * |
7 | Section 8.1. Section 1207(4), (8) and (14) of Title 4 are |
8 | amended and the section is amended by adding a paragraph to |
9 | read: |
10 | § 1207. Regulatory authority of board. |
11 | The board shall have the power and its duties shall be to: |
12 | * * * |
13 | (4) Require that each licensed entity provide to the |
14 | board its audited annual financial statements, with such |
15 | additional detail as the board from time to time shall |
16 | require, which information shall be submitted not later than |
17 | [60] 90 days after the end of the licensee's fiscal year. |
18 | * * * |
19 | (7.1) Enforce prescribed hours for the operation of |
20 | table games so that a certificate holder may conduct table |
21 | games on any day during the year in order to meet the needs |
22 | of patrons or to meet competition. |
23 | (8) Require that each licensed gaming entity prohibit |
24 | persons under 21 years of age from operating or using slot |
25 | machines or playing table games. |
26 | * * * |
27 | (14) Consult with members of the Pennsylvania State |
28 | Police, the Office of Attorney General, the department and |
29 | such other persons it deems necessary for advice regarding |
30 | the various aspects of the powers and duties imposed on it |
|
1 | under this part and its jurisdiction over the authorization |
2 | and operation of slot machines, table games and licensed |
3 | facilities. |
4 | * * * |
5 | Section 8.2. Sections 1208(1), 1209(b) and (f) and 1210 of |
6 | Title 4 are amended to read: |
7 | § 1208. Collection of fees and fines. |
8 | The board has the following powers and duties: |
9 | (1) To levy and collect fees from the various |
10 | applicants, licensees and permittees to fund the operations |
11 | of the board. [The] Except as provided for table games, the |
12 | fees shall be deposited into the State Gaming Fund as |
13 | established in section 1403 (relating to establishment of |
14 | State Gaming Fund and net slot machine revenue distribution) |
15 | and distributed to the board upon appropriation by the |
16 | General Assembly. In addition to the fees set forth in |
17 | sections 1209 (relating to slot machine license fee) and 1305 |
18 | (relating to Category 3 slot machine license), the board |
19 | shall assess and collect fees as follows: |
20 | (i) Supplier licensees shall pay [a]: |
21 | (A) A fee of $25,000 upon the issuance of a |
22 | license [and $10,000 for the annual renewal of a |
23 | supplier license.] to supply slot machines or |
24 | associated equipment used in connection with slot |
25 | machines. |
26 | (B) A fee of $25,000 upon the issuance of a |
27 | license to supply table game devices or associated |
28 | equipment used in connection with table games or |
29 | table game devices. |
30 | (C) A fee of $15,000 for the annual renewal of |
|
1 | the appropriate supplier license. Upon the extension |
2 | of the renewal period under section 1317(c)(1) |
3 | (relating to supplier licenses), the fee shall be |
4 | $30,000 for the renewal. |
5 | (ii) Manufacturer licensees shall pay [a]: |
6 | (A) A fee of $50,000 upon the issuance of a |
7 | license [and $25,000 for the annual renewal of a |
8 | manufacturer license.] to manufacture slot machines |
9 | and associated equipment used in connection with slot |
10 | machines. |
11 | (B) A fee of $50,000 upon the issuance of a |
12 | license to manufacture table game devices or |
13 | associated equipment used in connection with table |
14 | games or table game devices. |
15 | (C) A manufacturer licensee shall pay an annual |
16 | fee of $30,000 for the annual renewal of the |
17 | appropriate manufacturer license. Upon the extension |
18 | of the renewal period under section 1317.1(c)(1) |
19 | (relating to manufacturer licenses), the fee shall be |
20 | $75,000 for the renewal. |
21 | (iii) Each application for a slot machine license, |
22 | supplier license or manufacturer license must be |
23 | accompanied by a nonrefundable fee set by the board for |
24 | the cost of each individual requiring a background |
25 | investigation. The reasonable and necessary costs and |
26 | expenses incurred in any background investigation or |
27 | other investigation or proceeding concerning any |
28 | applicant, licensee, permittee or registrant shall be |
29 | reimbursed to the board by those persons. |
30 | * * * |
|
1 | § 1209. Slot machine license fee. |
2 | * * * |
3 | (b) Term.--A slot machine license, after payment of the fee, |
4 | shall be in effect unless suspended, revoked or not renewed by |
5 | the board upon good cause consistent with the license |
6 | requirements as provided for in this part. Slot machine |
7 | licensees shall be required to update the information in their |
8 | initial applications annually, and the license of a licensee in |
9 | good standing shall be updated and renewed annually for two |
10 | subsequent years following the initial license issuance. |
11 | Thereafter, license renewals shall be every three years. Nothing |
12 | in this subsection shall relieve a licensee of the affirmative |
13 | duty to notify the board of any changes relating to the status |
14 | of its license or to any other information contained in |
15 | application materials on file with the board. As to the renewal |
16 | of a license, no additional license fee pursuant to subsection |
17 | (a) shall be required. |
18 | * * * |
19 | [(f) Return of slot machine license fee.-- |
20 | (1) The entire one-time slot machine license fee of |
21 | $50,000,000 for each Category 1 and Category 2 slot machine |
22 | license shall be returned to each licensee in the event |
23 | section 1201 (relating to Pennsylvania Gaming Control Board |
24 | established), 1202 (relating to general and specific powers) |
25 | or 1307 (relating to number of slot machine licenses) is |
26 | amended or otherwise altered by an act of the General |
27 | Assembly within five years following the initial issuance of |
28 | any slot machine licenses pursuant to section 1301 (relating |
29 | to authorized slot machine licenses) to change: |
30 | (i) the composition of the board; |
|
1 | (ii) the number or voting powers of members of the |
2 | board; |
3 | (iii) the manner in which members are nominated or |
4 | appointed to the board; |
5 | (iv) the length of term for which each member |
6 | serves; |
7 | (v) the general jurisdiction of the board in a |
8 | manner that impairs or otherwise reduces the board's |
9 | licensing authority; or |
10 | (vi) section 1307 to increase the statutory maximum |
11 | number of permissible licensed facilities. |
12 | (2) In the event that this part is amended or otherwise |
13 | altered by an act of the General Assembly as described |
14 | pursuant to paragraph (1): |
15 | (i) In the sixth year following the initial issuance |
16 | of any slot machine licenses pursuant to section 1301, a |
17 | Category 1 and 2 slot machine licensee shall be entitled |
18 | to a partial return of the one-time slot machine license |
19 | fee in the amount of $41,666,667. |
20 | (ii) In the seventh year, the licensee shall be |
21 | entitled to a partial return of the one-time slot machine |
22 | license fee in the amount of $33,333,334. |
23 | (iii) In the eighth year, the licensee shall be |
24 | entitled to a partial return of the one-time slot machine |
25 | license fee in the amount of $25,000,000. |
26 | (iv) In the ninth year, the licensee shall be |
27 | entitled to a partial return of the one-time slot machine |
28 | license fee in the amount of $16,666,668. |
29 | (v) In the tenth year, the licensee shall be |
30 | entitled to a partial return of the one-time machine |
|
1 | license fee in the amount of $8,333,334. |
2 | In the event that the action described in paragraph (1) occurs |
3 | after the expiration of ten years, the licensee shall not be |
4 | entitled to a return of any portion of the one-time slot machine |
5 | license fee. Notwithstanding the foregoing, no slot machine |
6 | licensee shall be entitled to the return of any portion of the |
7 | fee as a result of any act of the General Assembly insofar as it |
8 | implements a recommendation made by the board pursuant to a |
9 | qualified majority vote. In the event a full or partial return |
10 | of the slot machine license fee imposed pursuant to subsection |
11 | (a) becomes due pursuant to this subsection, the amount to be |
12 | returned to any slot machine licensee shall be reduced on a |
13 | dollar-for-dollar basis by the total accumulated tax credits |
14 | granted to such licensee pursuant to subsection (c). In no event |
15 | shall the total amount of the slot machine license fee returned, |
16 | combined with the total tax credits granted, exceed the amounts |
17 | set forth in this subsection for any licensee. The total or |
18 | partial return of the slot machine license fee shall extinguish |
19 | a licensee's right to claim any further tax credits pursuant to |
20 | subsection (c).] |
21 | § 1210. Number of slot machines. |
22 | (a) Initial complement.--Except as provided for Category 3 |
23 | slot machine licensees under section 1305 (relating to Category |
24 | 3 slot machine license), all slot machine licensees shall be |
25 | permitted to operate up to 3,000 slot machines at any one |
26 | licensed facility and shall be required to operate and make |
27 | available to play a minimum of 1,500 machines at any one |
28 | licensed facility within one year of the issuance by the board |
29 | of a slot machine license unless otherwise extended by the |
30 | board, upon application and for good cause shown, for an |
|
1 | additional period not to exceed 24 months. |
2 | (a.1) Minimum number of slot machines.--Except as provided |
3 | for Category 3 slot machine licensees under section 1305 and |
4 | during the conversion from a temporary to a permanent facility, |
5 | approved renovations for a limited time or an emergency, all |
6 | slot machine licensees shall be required to operate and make |
7 | available for play a minimum of 1,850 machines at any one |
8 | licensed facility at all times. |
9 | (b) Additional slot machines.--Except as provided for |
10 | Category 3 slot machine licensees under section 1305, six months |
11 | following the date of commencement of slot machine operations, |
12 | the board may permit a slot machine licensee to install and |
13 | operate up to 2,000 additional slot machines at its licensed |
14 | facility, beyond those machines authorized under subsection (a), |
15 | upon application by the slot machine licensee. The board, in |
16 | considering such an application, shall take into account the |
17 | appropriateness of the physical space where the additional slot |
18 | machines will be located and the convenience of the public |
19 | attending the facility. The board may also take into account the |
20 | potential benefit to economic development, employment and |
21 | tourism, enhanced revenues to the Commonwealth and other |
22 | economic indicators it deems applicable in making its decision. |
23 | (c) Limitation.--For the two and one-half years following |
24 | the beginning of slot machine operations at the licensed |
25 | facility, no licensed gaming entity may make available for play |
26 | by its patrons at its licensed facility more than 50% of slot |
27 | machines from the same manufacturer or its affiliate, |
28 | intermediary, subsidiary or holding company. The provisions of |
29 | this subsection shall not apply to machines purchased pursuant |
30 | to a contract or order executed by a conditional Category 1 or |
|
1 | Category 1 slot machine licensee prior to October 20, 2006. |
2 | Section 9. Section 1211(a) of Title 4 is amended and the |
3 | section is amended by adding subsections to read: |
4 | § 1211. Reports of board. |
5 | (a) Report of board.--Eighteen months after the effective |
6 | date of this part and every year on that date thereafter, the |
7 | board shall issue a report to the Governor and each member of |
8 | the General Assembly on the general operation of the board and |
9 | each slot machine licensee's performance, including, but not |
10 | limited to, number and win per slot machine and total gross |
11 | table game revenue at each licensed [facilities] facility during |
12 | the previous year, all taxes, fees, fines and other revenues |
13 | collected and, where appropriate, disbursed, the costs of |
14 | operation of the board, all hearings conducted and the results |
15 | of the hearings and other information that the board deems |
16 | necessary and appropriate. |
17 | (a.1) Expenses.--Beginning 30 days after the effective date |
18 | of this subsection, the board shall post by the 15th within 45 | <-- |
19 | days of the end of each month on its Internet website a list of |
20 | all its itemized expenses for the preceding month of employees |
21 | and members of the board and all itemized expenses of officers |
22 | and employees of the department, the Attorney General and the |
23 | Pennsylvania State Police whose duties involve the regulation of |
24 | gaming under this part and all itemized expenses of officers and |
25 | employees of the Auditor General whose duties involve audit |
26 | activities of the board. The list lists shall identify the | <-- |
27 | nature of the expense, the employee or board member and the |
28 | agency and employee of the agency to which an expense is |
29 | attributable. The list shall include each expense for which a |
30 | receipt is submitted to obtain reimbursement. If if the expense | <-- |
|
1 | is directly attributable to or paid by a licensed gaming entity, | <-- |
2 | the list shall identify the licensed gaming entity and whether |
3 | the expense was paid by the licensed gaming entity. By October 1 |
4 | of each year, a final report of all expenses for the preceding |
5 | fiscal year shall be posted on the board's Internet website. The |
6 | board, the department, the Attorney General, the Auditor General |
7 | and the Pennsylvania State Police shall collaborate to develop a |
8 | uniform system to carry out the requirements of this subsection. |
9 | Information provided to the board for posting under this | <-- |
10 | subsection may be redacted by the provider of the information. |
11 | * * * |
12 | (e) Submission of reports.--Notwithstanding any other |
13 | provision of this part to the contrary, all reports and studies |
14 | of the board required to be submitted to the General Assembly |
15 | under this part after the effective date of this subsection |
16 | shall be submitted by October 1, 2010, and annually thereafter. |
17 | Section 9.1. Title 4 is amended by adding a section to read: |
18 | § 1211.1. Report by slot machine licensee. |
19 | (a) Report.--Each slot machine licensee shall annually |
20 | compile, or cause to be compiled, and submit to the board and |
21 | the General Assembly a report on minors and unauthorized gaming. |
22 | The report shall include the following information for the |
23 | licensed facility that the licensee is licensed to operate: |
24 | (1) The number of minors who were denied entry into the |
25 | licensed facility. |
26 | (2) The number of minors who were physically escorted |
27 | from the premises of the licensed facility. |
28 | (3) The number of minors who were detected participating |
29 | or attempting to participate in slot machine and table | <-- |
30 | gaming. |
|
1 | (4) The number of minors who were taken into custody by |
2 | a law enforcement agency on the premises of the licensed |
3 | facility. |
4 | (5) The number of minors who were detected illegally |
5 | consuming alcohol on the premises of the licensed facility IN | <-- |
6 | the area where slot machines or table games are located. | <-- |
7 | (6) The number of self-excluded and excluded persons who | <-- |
8 | were denied entry into the table game facility area where | <-- |
9 | table games, including tournaments and contests are located. |
10 | (7) A summary of the action taken by the slot machine |
11 | licensee in resolution of incidents under paragraphs (1), |
12 | (2), (3), (4), (5) and (6), including any action, resolution |
13 | or disposition of any violations of this part. |
14 | (8) A summary of actions taken and controls implemented |
15 | by the slot machine licensee to prevent facility access by | <-- |
16 | minors and to prevent underage gaming and underage drinking | <-- |
17 | in the licensed facility. | <-- |
18 | (b) Definition.--As used in this subsection the term "minor" |
19 | shall mean an individual who is under 21 years of age. |
20 | Section 10. Sections 1212 and 1213 of Title 4 are amended to |
21 | read: |
22 | § 1212. Diversity goals of board. |
23 | (a) Intent.--It is the intent and goal of the General |
24 | Assembly that the board promote and ensure diversity in all |
25 | aspects of the gaming activities authorized under this part. The |
26 | board shall work to enhance the representation of diverse groups |
27 | in [the]: |
28 | (1) The ownership[, participation and operation] of |
29 | licensed entities and licensed facilities in this |
30 | Commonwealth [and through the]. |
|
1 | (2) The ownership[, participation and operation] of |
2 | business enterprises associated with or utilized by licensed |
3 | entities and licensed facilities and through the provision of |
4 | goods and services utilized by slot machine licensees under |
5 | this part. |
6 | (3) The operation of licensed entities and licensed |
7 | facilities and the conduct of slot machine and table gaming | <-- |
8 | in this Commonwealth by ensuring licensed entities and | <-- |
9 | licensed facilities promote the participation of diverse |
10 | groups by affording equal access to employment opportunities, |
11 | including key employee, gaming employee, and nongaming |
12 | employee positions. |
13 | (4) The operation of business enterprises associated |
14 | with or utilized by licensed entities and licensed | <-- |
15 | facilities, including business enterprises that provide |
16 | goods, property and services utilized by slot machine |
17 | licensees in this Commonwealth by ensuring these business |
18 | enterprises promote the participation of diverse groups by |
19 | affording equal access to employment opportunities. |
20 | (5) The construction, renovation or reconstruction of a |
21 | licensed facility by ensuring that all contracts and |
22 | subcontracts to be awarded relating to the construction, |
23 | renovation or reconstruction of a licensed facility contain |
24 | adequate provisions ensuring all contractors or |
25 | subcontractors, including any assignees, will promote the |
26 | participation of diverse groups in any proposed construction, |
27 | renovation or reconstruction project by affording equal |
28 | access to employment opportunities. |
29 | (6) The rendering of professional services to licensed |
30 | entities and licensed facilities by ensuring licensed | <-- |
|
1 | entities and licensed facilities promote the participation of | <-- |
2 | diverse groups by affording equal access to professional |
3 | service contractual opportunities. |
4 | (b) Investigations.--The board [is authorized to] shall |
5 | investigate and conduct [an annual study] quarterly reviews to |
6 | evaluate the effectiveness of all diversity plans submitted by | <-- |
7 | applicants for a slot machine license in accordance with section |
8 | 1325 (relating to license or permit issuance) of this part, make |
9 | recommendations for improvements to such diversity plans and |
10 | ascertain whether effective and meaningful action has been taken |
11 | or will be taken to [enhance] achieve the representation of |
12 | diverse groups in the ownership, participation and operation of |
13 | licensed facilities in this Commonwealth, through the ownership |
14 | and operation of business enterprises associated with or |
15 | utilized by slot machine and table game licensees, through the |
16 | provision of goods, property and services utilized by slot |
17 | machine and table game licensees and through employment |
18 | opportunities. |
19 | (c) Completion of investigation.--The first [study] review | <-- |
20 | shall be completed six months following the effective date of |
21 | this [part] section, if practically possible, and [annually] | <-- |
22 | quarterly thereafter and shall contain recommendations which the | <-- |
23 | board determines appropriate. Each study review shall contain, | <-- |
24 | at a minimum: |
25 | (1) A descriptive summary of the board's efforts to |
26 | promote and ensure diversity in all aspects of its operation. |
27 | (2) A descriptive summary of the following relating to |
28 | each slot machine licensee's licensed facility: |
29 | (i) Employment and salary range information. |
30 | (ii) Employee recruitment and retention programs |
|
1 | designed to ensure the participation of diverse groups in |
2 | employment positions at the licensed facility by the slot | <-- |
3 | machine licensee. |
4 | (iii) Minority-owned business enterprise and women- |
5 | owned business enterprise contracting and subcontracting |
6 | data. |
7 | (d) Facility responsibility Responsibility of slot machine | <-- |
8 | licensee.--Each licensed facility slot machine licensee shall | <-- |
9 | provide information as requested by the board to enable the |
10 | board to complete the study quarterly reviews required under | <-- |
11 | subsection (c). |
12 | (e) Definition.--As used in this section the term |
13 | "professional services" means those services rendered to a |
14 | licensed entity or licensed facility slot machine licensee in | <-- |
15 | this Commonwealth, including, but not limited to: |
16 | (1) Legal services. |
17 | (2) Advertising or public relations services. |
18 | (3) Engineering services. |
19 | (4) Architectural, landscaping or surveying services. |
20 | (5) Accounting, auditing or actuarial services. |
21 | (6) Security consultant services. |
22 | (7) Computer and information technology services, except |
23 | telephone service. |
24 | § 1213. License or permit prohibition. |
25 | [No applicant for a license or permit under this part, |
26 | including principals and key employees,] The following apply: |
27 | (1) The board shall be prohibited from granting a |
28 | principal license to a person who has been convicted of a |
29 | felony [or gambling] offense in any jurisdiction [shall be |
30 | issued a license or permit unless 15 years has elapsed from |
|
1 | the date of expiration of the sentence for the offense]. |
2 | (2) [When determining whether to issue a license or |
3 | permit to an applicant who has been convicted in any |
4 | jurisdiction of a felony or gambling offense,] In addition to |
5 | the prohibition under paragraph (1), the board shall be |
6 | prohibited from granting the following: |
7 | (i) A principal license to a person who has been |
8 | convicted of a gambling offense in any jurisdiction that |
9 | is classified as a misdemeanor punishable by imprisonment |
10 | of more than one year unless 15 years have elapsed from |
11 | the date of conviction for the offense. |
12 | (ii) A key employee, gaming employee permit or |
13 | license other than a principal license to a person who |
14 | has been convicted of a felony offense or a gambling |
15 | offense classified as a misdemeanor punishable by |
16 | imprisonment of more than one year in any jurisdiction |
17 | unless 15 years have elapsed from the date of conviction |
18 | for the offense. |
19 | (3) Following the expiration of the prohibition period |
20 | under paragraph (2), in determining whether to issue a |
21 | license or permit under paragraph (2), the board shall |
22 | consider the following factors: |
23 | [(1)] (i) The nature and duties of the applicant's |
24 | position with the licensed entity. |
25 | [(2)] (ii) The nature and seriousness of the offense |
26 | or conduct. |
27 | [(3)] (iii) The circumstances under which the |
28 | offense or conduct occurred. |
29 | [(4)] (iv) The age of the applicant when the offense |
30 | or conduct was committed. |
|
1 | [(5)] (v) Whether the offense or conduct was an |
2 | isolated or a repeated incident. |
3 | [(6)] (vi) Any evidence of rehabilitation, including |
4 | good conduct in the community, counseling or psychiatric |
5 | treatment received and the recommendation of persons who |
6 | have substantial contact with the applicant. |
7 | (4) For purposes of this section, a felony offense is an |
8 | offense punishable by imprisonment for more than five years. |
9 | Section 10.1. Title 4 is amended by adding a section | <-- |
10 | sections to read: | <-- |
11 | § 1214. Specific authority to suspend slot machine license. |
12 | (a) Conditions.--Any slot machine licensee that is required |
13 | as a condition of slot machine licensure to make annual payments |
14 | to a municipality or municipal authority for an economic |
15 | development project, including any project enumerated in the act |
16 | of July 25, 2007 (P.L.342, No.53), known as Pennsylvania Gaming |
17 | Economic Development and Tourism Fund Capital Budget Itemization |
18 | Act of 2007, shall enter into a written agreement with the |
19 | municipality or municipal authority and make the first annual |
20 | payment required under the agreement by October 15 December 31, | <-- |
21 | 2009. |
22 | (b) Failure to meet conditions.--If the slot machine |
23 | licensee and the municipality or municipal authority fail to |
24 | enter into a written agreement, and the slot machine licensee |
25 | fails to make the first required annual payment under the |
26 | written agreement, by October 15, 2009, the board shall |
27 | immediately suspend the slot machine license and appoint a |
28 | trustee to oversee the operations of the licensed gaming |
29 | facility. The trustee shall immediately remit the first required |
30 | annual payment to the municipality or municipal authority on |
|
1 | behalf of the slot machine licensee. |
2 | (c) Terms of license suspension.--The slot machine license |
3 | suspension shall remain in effect until the slot machine |
4 | licensee and the municipality or municipal authority execute a |
5 | written agreement governing the terms of the required annual |
6 | payments, including the date on which the payments shall be |
7 | made, the amount of each annual payment and the duration of the |
8 | annual payments. The trustee shall establish an account or |
9 | accounts to place all profits of the slot machine licensee from |
10 | gaming or other revenues of the slot machine licensee's licensed |
11 | facility until a written agreement is executed between the slot |
12 | machine licensee and the municipality or municipal authority. |
13 | (d) Violation of written agreement.--If any slot machine |
14 | licensee that is required as a condition of slot machine |
15 | licensure to make annual payments to a municipality or municipal |
16 | authority for an economic development project, including any |
17 | project enumerated in the Pennsylvania Gaming Economic |
18 | Development and Tourism Fund Capital Budget Itemization Act of |
19 | 2007, fails to make any required payment in accordance with the |
20 | terms of any written agreement between the slot machine licensee |
21 | and the municipality or municipal authority governing the |
22 | economic development project, the board shall immediately |
23 | suspend the slot machine license and appoint a trustee to |
24 | oversee the operations of the licensed gaming facility. The |
25 | trustee shall continue to make payments to the municipality or |
26 | municipal authority according to the terms of the written |
27 | agreement and establish an account or accounts to place the |
28 | profits of the slot machine licensee from gaming or other |
29 | revenues of the slot machine licensee's licensed facility |
30 | pending resolution of the payment issue between the slot machine |
|
1 | licensee and the municipality or municipal authority. |
2 | § 1215. Auditor General's reports. | <-- |
3 | (a) Annual audit.--In cooperation with the department and |
4 | the State Treasurer, the Auditor General shall annually audit |
5 | and report on the amounts and uses of the distributions made |
6 | under Chapter 14 (relating to revenues) from the State Gaming |
7 | Fund, the local share assessment to counties and municipalities, |
8 | the Pennsylvania Race Horse Development Fund and the |
9 | Pennsylvania Gaming Economic Development and Tourism Fund. |
10 | (b) Internal audit.--Every four years, the Auditor General |
11 | shall perform an internal audit of the expenses and revenues of |
12 | the board. In addition to examining the agency's financial |
13 | statements, the Auditor General shall be entitled to examine |
14 | original source documents at such times as is believed necessary |
15 | or may otherwise examine original documents on a random basis |
16 | designed to ensure the integrity of the audit. The audit shall |
17 | include the expenses incurred by individual members of the board |
18 | and reimbursed or otherwise paid for by the board. The Auditor |
19 | General shall prepare a written report of its audits under this |
20 | section and submit a copy of the report to the Community, |
21 | Economic and Recreational Development Committee of the Senate |
22 | and the Gaming Oversight Committee of the House of |
23 | Representatives no later than April 1 of each year. |
24 | Section 10.2. Section 1305(a)(1), (c), (d) and (e) of Title |
25 | 4 are amended to read: |
26 | § 1305. Category 3 slot machine license. |
27 | (a) Eligibility.-- |
28 | (1) A person may be eligible to apply for a Category 3 |
29 | license if the applicant, its affiliate, intermediary, |
30 | subsidiary or holding company has not applied for or been |
|
1 | approved or issued a Category 1 or 2 license and the person |
2 | is seeking to locate a Category 3 licensed facility in a |
3 | well-established resort hotel having no fewer than 275 guest |
4 | rooms under common ownership and having substantial year- |
5 | round recreational guest amenities. The applicant for a |
6 | Category 3 license shall be the owner or be a wholly owned |
7 | subsidiary of the owner of the established resort hotel. [A |
8 | Category 3 license may only be granted upon the express |
9 | condition that an individual may not enter a gaming area of |
10 | the licensee if the individual is not a registered overnight |
11 | guest of the established resort hotel or if the individual is |
12 | not a patron of one or more of the amenities provided by the |
13 | established resort hotel.] |
14 | * * * |
15 | (c) Number of slot machines.--Notwithstanding the number of |
16 | permissible slot machines as set forth in section 1210 (relating |
17 | to number of slot machines), a Category 3 license granted under |
18 | the provisions of this section shall entitle the licensed entity |
19 | to operate no more than 500 slot machines at the licensed |
20 | facility, provided, however, the board may increase the number |
21 | of slot machines by a number not to exceed 1,000 slot machines |
22 | in the aggregate upon good cause shown by the slot machine |
23 | licensee and payment of the additional fee pursuant to |
24 | subsection (d). |
25 | (d) Category 3 license fee.--Notwithstanding the one-time |
26 | slot machine license fee as set forth in section 1209 (relating |
27 | to slot machine license fee), the board shall impose a one-time |
28 | Category 3 license fee to be paid by each successful applicant |
29 | in the amount of $5,000,000 to be deposited in the State Gaming |
30 | Fund. If the board authorizes the operation of more than 500 |
|
1 | slot machines at a Category 3 facility pursuant to subsection |
2 | (c), the board shall impose a one-time fee in the amount of |
3 | $5,000,000 for each additional 250 slot machines. The fee for |
4 | the additional slot machines shall be in addition to the |
5 | $5,000,000 fee required to operate 500 slot machines pursuant to |
6 | subsection (c) and shall be deposited into the General Fund. The |
7 | provisions of section 1209 relating to term, credit against tax |
8 | for slot machine licensees, deposit of license fee and change of |
9 | ownership or control of a license shall be applicable to a |
10 | Category 3 license fee. |
11 | (e) Definitions.--For the purpose of subsection (a), the |
12 | following words and phrases shall have the meaning given to them |
13 | in this subsection: |
14 | "Amenities." Any ancillary activities, services or |
15 | facilities in which a registered guest or the transient public[, |
16 | in return for non-de minimis consideration as defined by board |
17 | regulation,] may participate at a resort hotel, including, but |
18 | not limited to, sports and recreational activities and |
19 | facilities such as a golf course or golf driving range, tennis |
20 | courts or swimming pool; health spa; convention, meeting and |
21 | banquet facilities; entertainment facilities; and restaurant |
22 | facilities. |
23 | ["Patron of the amenities." Any individual who is a |
24 | registered attendee of a convention, meeting or banquet event or |
25 | a participant in a sport or recreational event or any other |
26 | social, cultural or business event held at a resort hotel or who |
27 | participates in one or more of the amenities provided to |
28 | registered guests of the resort hotel.] |
29 | Section 10.3. Section 1308 of Title 4 is amended by adding a |
30 | subsection to read: |
|
1 | § 1308. Applications for license or permit. |
2 | * * * |
3 | (a.1) Submission of information.--Notwithstanding the |
4 | provisions of 18 Pa.C.S. § 9124(b) (relating to use of records |
5 | by licensing agencies), an application for a license or permit |
6 | under this part shall include all arrests and convictions of the |
7 | applicant. The information shall include: |
8 | (1) A brief description of the circumstances surrounding |
9 | the arrest. |
10 | (2) The specific offense charged. |
11 | (3) The ultimate disposition of the charges, including |
12 | the details of any dismissal, plea bargain, conviction or |
13 | sentence, including any pardon, expungement or order of |
14 | Accelerated Rehabilitative Disposition. |
15 | * * * |
16 | Section 10.4. Sections 1310 and 1313(c) of Title 4 are |
17 | amended to read: |
18 | § 1310. Slot machine license application character |
19 | requirements. |
20 | (a) Application.-- |
21 | (1) Every application for a slot machine license shall |
22 | include such information, documentation and assurances as may |
23 | be required to establish by clear and convincing evidence the |
24 | applicant's suitability, including good character, honesty |
25 | and integrity. Information shall include, without limitation, |
26 | information pertaining to family, habits, character, |
27 | reputation, criminal history background, business activities, |
28 | financial affairs and business, professional and personal |
29 | associates, covering at least the ten-year period immediately |
30 | preceding the filing date of the application. |
|
1 | (2) Notwithstanding 18 Pa.C.S. § 9124(b) (relating to |
2 | use of records by licensing agencies), a conviction that has |
3 | been expunged or overturned, or for which a person has been |
4 | pardoned or an order of Accelerated Rehabilitative |
5 | Disposition has been issued, shall be included with an |
6 | application and shall be considered by the board as part of |
7 | the review of the applicant's suitability under paragraph |
8 | (1). |
9 | (b) Civil judgments and law enforcement agency |
10 | information.--Each applicant shall notify the board of any civil |
11 | judgments obtained against the applicant pertaining to antitrust |
12 | or security regulation laws of the Federal Government, this |
13 | Commonwealth or any other state, jurisdiction, province or |
14 | country. In addition, each applicant shall produce a letter of |
15 | reference from law enforcement agencies having jurisdiction in |
16 | the applicant's place of residence and principal place of |
17 | business, which letter of reference shall indicate that the law |
18 | enforcement agencies do not have any pertinent information |
19 | concerning the applicant or, if the law enforcement agency does |
20 | have information pertaining to the applicant, shall specify the |
21 | nature and content of that information. If no letters are |
22 | received within 30 days of the request, the applicant may submit |
23 | a statement under oath which is subject to the penalty for false |
24 | swearing under 18 Pa.C.S. § 4903 (relating to false swearing) |
25 | that the applicant is or was during the period the activities |
26 | were conducted in good standing with the gaming or casino |
27 | enforcement or control agency. |
28 | (c) Gaming or casino enforcement agency information.--If the |
29 | applicant has held a gaming license in a jurisdiction where |
30 | gaming activities are permitted, the applicant shall produce a |
|
1 | letter of reference from the gaming or casino enforcement or |
2 | control agency which shall specify the experiences of that |
3 | agency with the applicant, the applicant's associates and the |
4 | applicant's gaming operation. If no letters are received within |
5 | 30 days of the request, the applicant may submit a statement |
6 | under oath which is subject to the penalty for false swearing |
7 | under 18 Pa.C.S. § 4903 that the applicant is or was during the |
8 | period the activities were conducted in good standing with the |
9 | gaming or casino enforcement or control agency. |
10 | (d) Agency records.--Each applicant for a slot machine |
11 | license, principal license or key employee license shall be |
12 | required to apply to the Federal agency deemed appropriate by |
13 | the board for agency records under the Freedom of Information |
14 | Act (Public Law 89-554, 5 U.S.C. § 522) pertaining to the |
15 | applicant and provide the board with the complete record |
16 | received from the Federal agency. The board may issue a license |
17 | to the applicant prior to the receipt of information under this |
18 | subsection. |
19 | § 1313. Slot machine license application financial fitness |
20 | requirements. |
21 | * * * |
22 | (c) Applicant's ability to pay license fee.--The board shall |
23 | require each applicant for a Category 1 or 2 slot machine |
24 | license at the time of application to post a letter of credit or |
25 | bond in the amount of $50,000,000 to demonstrate the financial |
26 | ability to pay the slot machine license fee as required in |
27 | section 1209 (relating to slot machine license fee) if issued a |
28 | slot machine license by the board. Each applicant for a Category |
29 | 3 slot machine license at the time of application shall be |
30 | required to post a letter of credit or bond in the amount of |
|
1 | $5,000,000 to demonstrate the financial ability to pay the |
2 | Category 3 slot machine license fee as required in section 1305 |
3 | (relating to Category 3 slot machine license) if issued a slot |
4 | machine license by the board. Each Category 3 slot machine |
5 | licensee that seeks to increase the number of slot machines in |
6 | operation at the licensed facility pursuant to section 1305(c) |
7 | (relating to Category 3 slot machine license) shall be required |
8 | to post a letter of credit or bond in the amount of $5,000,000 |
9 | to demonstrate the financial ability to pay the additional |
10 | Category 3 slot machine license fee as required in section |
11 | 1305(d). |
12 | * * * |
13 | Section 10.5. Sections 1317(a) and (c) and 1317.1(a), (b) |
14 | (5), (c), (d.1) and (e) of Title 4 are amended and the sections |
15 | are amended by adding subsections to read: |
16 | § 1317. Supplier licenses. |
17 | (a) Application.--A manufacturer that elects to contract |
18 | with a supplier under section 1317.1(d.1) (relating to |
19 | manufacturer licenses) shall ensure that the supplier is |
20 | licensed under this section. A person seeking to provide slot |
21 | machines, table game devices or associated equipment to a slot |
22 | machine licensee within this Commonwealth through a contract |
23 | with a licensed manufacturer shall apply to the board for a |
24 | supplier license. |
25 | * * * |
26 | (c) Review and approval.--Upon being satisfied that the |
27 | requirements of subsection (b) have been met or waived under |
28 | subsection (c.1), the board may approve the application and |
29 | issue the applicant a supplier license consistent with all of |
30 | the following: |
|
1 | (1) [The license shall be for a period of one year. Upon |
2 | expiration, the license may be renewed in accordance with |
3 | subsection (d)] The initial license shall be for a period of |
4 | one year and shall be subject to renewal annually under |
5 | subsection (d) for two consecutive one-year periods following |
6 | the initial issuance. Thereafter, a license shall be subject |
7 | to renewal every three years. Nothing in this paragraph shall |
8 | relieve the a licensee of the affirmative duty to notify the | <-- |
9 | board of any changes relating to the status of its license or |
10 | to any information contained in application materials on file |
11 | with the board. |
12 | * * * |
13 | (c.1) Waiver.--The board shall establish standards and a |
14 | procedure to allow the board to waive the requirements of this |
15 | section for any person who holds a supplier license under this |
16 | section and who seeks to supply table game devices or associated |
17 | equipment. The board may only waive the requirements of this |
18 | section if: |
19 | (1) The supplier license was issued by the board within |
20 | a 36-month period immediately preceding the date the supplier |
21 | licensee files an initial application to supply table game |
22 | devices or associated equipment. |
23 | (2) The person to whom the supplier license was issued |
24 | affirms there has been no material change in circumstances |
25 | relating to the license. |
26 | (3) The board determines there has been no material |
27 | change in circumstances relating to the license that |
28 | necessitates, at the discretion of the board, that the |
29 | requirements of this section not be waived. |
30 | * * * |
|
1 | § 1317.1. Manufacturer licenses. |
2 | (a) Application.--A person seeking to manufacture slot |
3 | machines, table game devices and associated equipment for use in |
4 | this Commonwealth shall apply to the board for a manufacturer |
5 | license. |
6 | (b) Requirements.--An application for a manufacturer license |
7 | shall be on the form required by the board, accompanied by the |
8 | application fee, and shall include all of the following: |
9 | * * * |
10 | (5) The type of slot machines, table game devices or |
11 | associated equipment to be manufactured or repaired. |
12 | (c) Review and approval.--Upon being satisfied that the |
13 | requirements of subsection (b) have been met or waived under |
14 | subsection (c.1), the board may approve the application and |
15 | grant the applicant a manufacturer license consistent with all |
16 | of the following: |
17 | (1) [The license shall be for a period of one year. Upon |
18 | expiration, a license may be renewed in accordance with |
19 | subsection (d)] The initial license shall be for a period of |
20 | one year and shall be subject to renewal annually under |
21 | subsection (d) for two consecutive one-year periods following |
22 | the initial issuance. Thereafter, a license shall be subject |
23 | to renewal every three years. Nothing in this paragraph shall |
24 | relieve the licensee of the affirmative duty to notify the |
25 | board of any changes relating to the status of its license or |
26 | to any other information contained in application materials |
27 | on file with the board. |
28 | (2) The license shall be nontransferable. |
29 | (3) Any other condition established by the board. |
30 | (c.1) Waiver.--The board shall establish standards and a |
|
1 | procedure to allow the board to waive the requirements of this |
2 | section for any person who holds a manufacturer license under |
3 | this section and who seeks to manufacture table game devices or |
4 | associated equipment. The board may only waive the application |
5 | requirement under this section if: |
6 | (1) The manufacturer license was issued by the board |
7 | within a 36-month period immediately preceding the date the |
8 | manufacturer licensee files an application to manufacture |
9 | table game devices or associated equipment. |
10 | (2) The person to whom the manufacturer license was |
11 | issued affirms there has been no material change in |
12 | circumstances relating to the license. |
13 | (3) The board determines there has been no material |
14 | change in circumstances of the licensee that necessitates, at |
15 | the discretion of the board, that the requirements of this |
16 | section not be waived. |
17 | * * * |
18 | (d.1) Authority.--The following shall apply to a licensed |
19 | manufacturer: |
20 | (1) A licensed manufacturer or its designee, as licensed |
21 | by the board, may supply or repair any slot machine, table |
22 | game device or associated equipment manufactured by the |
23 | licensed manufacturer. |
24 | (2) A manufacturer may contract with a supplier under |
25 | section 1317 (relating to supplier licenses) to provide slot |
26 | machines or associated equipment to a slot machine licensee |
27 | within this Commonwealth. |
28 | (3) A manufacturer may contract with a supplier under |
29 | section 1317 to provide table games game devices or | <-- |
30 | associated equipment to a certificate holder. |
|
1 | (e) Prohibitions.-- |
2 | (1) No person may manufacture slot machines, table game |
3 | devices or associated equipment for use within this |
4 | Commonwealth by a slot machine licensee unless the person has |
5 | been issued a manufacturer license as required under this |
6 | section. |
7 | (2) No slot machine licensee may use slot machines, |
8 | table game devices or associated equipment unless the slot |
9 | machines, table game devices or associated equipment were |
10 | manufactured by a person that has been issued a manufacturer |
11 | license under this section. |
12 | (3) No person issued a license under this section shall |
13 | apply for or be issued a license under section 1317. |
14 | (4) No limitation shall be placed on the number of |
15 | manufacturer licenses issued or the time period to submit |
16 | applications for licensure, except as required to comply with |
17 | section 1306 (relating to order of initial license issuance). |
18 | Section 10.6. Title 4 is amended by adding a section to |
19 | read: |
20 | § 1317.2. Gaming service provider. |
21 | (a) Development of classification system.--The board shall |
22 | develop uniform standards and procedures governing the |
23 | registration regulation of gaming service providers. Each | <-- |
24 | applicant and all individuals and entities associated with the | <-- |
25 | applicant for authorization to act as a gaming service provider | <-- |
26 | shall submit to a background investigation. The classification |
27 | system developed by the board shall be based upon the following: | <-- |
28 | (1) The monetary value or amount of business conducted |
29 | or expected to be conducted by the gaming service provider |
30 | with an applicant for a slot machine licensee or a slot |
|
1 | machine licensee in any consecutive 12-month period. |
2 | (2) Whether the employees of the gaming service provider |
3 | will have access to the gaming floor or the restricted area |
4 | of a licensed facility. |
5 | (3) The board's analysis of the goods, property or |
6 | service provided or to be provided by the gaming service |
7 | provider in order to ensure the integrity of gaming. |
8 | (b) Authority to exempt.--The board may exempt any person or |
9 | field of commerce from the requirements of this section if the |
10 | board determines the following: | <-- |
11 | (1) The the person or field of commerce is regulated by | <-- |
12 | an agency of the Federal Government or an agency of the |
13 | Commonwealth.; or | <-- |
14 | (2) Regulation the regulation of the person or field of | <-- |
15 | commerce is determined not to be necessary in order to |
16 | protect the public interest or the integrity of gaming. |
17 | (c) Duties of gaming service providers.--Each gaming service |
18 | provider shall have a continuing duty to: |
19 | (1) Provide all information, documentation and |
20 | assurances as the board may require. |
21 | (2) Cooperate with the board in investigations, hearings |
22 | and enforcement and disciplinary actions. |
23 | (3) Comply with all conditions, restrictions, |
24 | requirements, orders and rulings of the board in accordance |
25 | with this part. |
26 | (4) Report any change in circumstances that may render |
27 | the gaming service provider ineligible, unqualified or |
28 | unsuitable for continued licensure. |
29 | (d) Requirement for permit.--The board may require employees |
30 | of a gaming service provider to obtain a permit or other |
|
1 | authorization if, after an analysis of duties, responsibilities |
2 | and functions, the board determines that a permit or other |
3 | authorization is necessary to protect the integrity of gaming. |
4 | (e) Interim authorization.--The board or a designated |
5 | employee of the board may permit a gaming service provider |
6 | applicant to engage in business with an applicant for a slot |
7 | machine license or a slot machine licensee prior to approval of |
8 | the gaming service provider application if the following |
9 | criteria have been satisfied: |
10 | (1) A completed application has been filed with the |
11 | board by the gaming service provider. |
12 | (2) The slot machine applicant or slot machine licensee |
13 | contracting or doing business with the gaming service |
14 | provider certifies that it has performed due diligence on the |
15 | gaming service provider and believes that the applicant meets |
16 | the qualification to be a gaming service provider pursuant to |
17 | this section. |
18 | (3) The gaming service provider applicant agrees in |
19 | writing that the grant of interim authorization to conduct |
20 | business prior to board approval of its application does not |
21 | create a right to continue to engage in business if the board |
22 | determines that the applicant is not suitable and interim |
23 | authorization is not in the public interest. |
24 | (f) Construction.--Nothing in this section shall be |
25 | construed to prohibit the board from rescinding a grant of |
26 | interim authorization if, at any time, the suitability of the |
27 | person subject to interim authorization is at issue or if the |
28 | person fails to cooperate with the board, the bureau or an agent |
29 | of the board or bureau. |
30 | (g) Provider Gaming service provider lists.--The board | <-- |
|
1 | shall: |
2 | (1) Develop and maintain a list of approved gaming |
3 | service providers and a list of gaming service providers who | <-- |
4 | are authorized to provide goods, property or services under a |
5 | grant of interim authorization pursuant to subsection (e)(3). |
6 | (2) Develop and maintain a list of prohibited gaming |
7 | service providers. An applicant for a slot machine license or |
8 | a slot machine licensee may not enter into an agreement or |
9 | continue to engage in business with a gaming service provider | <-- |
10 | listed on the prohibited gaming service provider list. |
11 | (h) Emergency authorization.--A slot machine licensee may |
12 | utilize a gaming service provider that has not been approved by |
13 | the board when a threat to public health, welfare or safety |
14 | exists or circumstances outside the control of the slot machine |
15 | licensee require immediate action to protect the public |
16 | interest. The board shall promulgate regulations to govern the |
17 | use of gaming service providers under emergency circumstances. |
18 | (i) Criminal history record information.--If the |
19 | classification system developed by the board in accordance with |
20 | subsection (a) requires a gaming service provider or an employee |
21 | of a gaming service provider to submit to or provide the bureau |
22 | with a criminal history record check under 18 Pa.C.S. Ch. 91 |
23 | (relating to criminal history record information), the bureau |
24 | shall notify the slot machine licensee that submitted and |
25 | verified the application of a person if the person's application | <-- |
26 | has been denied or the person's approval or authorization to | <-- |
27 | provide goods, property or services has been revoked or |
28 | suspended, including the reason for the action taken. |
29 | Section 10.7. Sections 1318(c) and 1319 of Title 4 are |
30 | amended to read: |
|
1 | § 1318. Occupation permit application. |
2 | * * * |
3 | (c) Prohibition.--No slot machine licensee may employ or |
4 | permit any person under 18 years of age to render any service |
5 | whatsoever in any area of its licensed facility [at which] where |
6 | slot machines or table games are physically located. |
7 | § 1319. Alternative manufacturer licensing standards. |
8 | (a) General rule.--The board may determine whether the |
9 | licensing standards of another jurisdiction within the United |
10 | States in which an applicant for a manufacturer license is |
11 | similarly licensed are comprehensive and thorough and provide |
12 | similar adequate safeguards as those required by this part. If |
13 | the board makes that determination, it may issue a manufacturer |
14 | license to an applicant who holds a similar manufacturer license |
15 | in such other jurisdiction after conducting an evaluation of the |
16 | information relating to the applicant from such other |
17 | jurisdictions, as updated by the board, and evaluating other |
18 | information related to the applicant received from that |
19 | jurisdiction and other jurisdictions where the applicant may be |
20 | licensed, the board may incorporate such information in whole or |
21 | in part into its evaluation of the applicant. |
22 | (b) Abbreviated process.--In the event an applicant for a |
23 | [slot machine] manufacturer license is licensed in another |
24 | jurisdiction, the board may determine to use an alternate |
25 | process requiring only that information determined by the board |
26 | to be necessary to consider the issuance of a license, including |
27 | financial viability of the licensee, to such an applicant. |
28 | Nothing in this section shall be construed to waive any fees |
29 | associated with obtaining a license through the normal |
30 | application process. |
|
1 | Section 10.8. Title 4 is amended by adding a section to |
2 | read: |
3 | § 1319.1. Alternative supplier licensing standards. |
4 | (a) General rule.--The board may determine whether the |
5 | licensing standards of another jurisdiction within the United |
6 | States in which an applicant for a supplier's license is |
7 | similarly licensed are comprehensive and thorough and provide |
8 | similar adequate safeguards as required by this part. If the |
9 | board makes that determination, it may issue a supplier license |
10 | to an applicant who holds a similar supplier license in another |
11 | jurisdiction after conducting an evaluation of the information |
12 | relating to the applicant from the other jurisdictions, as |
13 | updated by the board and evaluating other information related to |
14 | the applicant received from that jurisdiction and other |
15 | jurisdictions where the applicant may be licensed, the board may |
16 | incorporate the information in whole or in part into its |
17 | evaluation of the applicant. |
18 | (b) Abbreviated process.--In the event an applicant for a |
19 | supplier license is licensed in another jurisdiction, the board |
20 | may determine to use an alternate process requiring only the |
21 | information determined by the board to be necessary to consider |
22 | the issuance of a license, including financial viability of the |
23 | licensee to the applicant. Nothing in this section shall be |
24 | construed to waive any fees associated with obtaining a license |
25 | through the normal application process. |
26 | Section 10.9. Sections 1321, 1326(a), 1328(a)(1) and (d) and | <-- |
27 | 1329 of Title 4 are amended to read: |
28 | § 1321. Additional licenses and permits and approval of |
29 | agreements. |
30 | (a) Requirements.--In addition to the requirements for a |
|
1 | license or permit specifically set forth in this part, the board |
2 | may require a license [or], permit or other authorization, and |
3 | set a fee for the same, for any key or gaming employee or any |
4 | person who satisfies any of the following criteria: |
5 | (1) The person transacts business within this |
6 | Commonwealth with a slot machine licensee as a ticket |
7 | purveyor, tour operator, operator of a bus trip program or |
8 | operator of any other type of travel program or promotional |
9 | business related to slot machines or table games. The board |
10 | may also review, deny, order modification or approve, at its |
11 | discretion, proposed tours, bus routes and travel programs. |
12 | (2) The person is presently not [otherwise] required to |
13 | be licensed or permitted under this part and provides any |
14 | goods, property or services, including, but not limited to, |
15 | management contracts for compensation to a slot machine |
16 | licensee at the licensed facility. |
17 | (b) Agreement.--Any agreement to conduct business within |
18 | this Commonwealth between a person and a slot machine licensee |
19 | relating to slot machines, table games, table game devices or | <-- |
20 | associated equipment is subject to the approval of the board in |
21 | accordance with rules and regulations promulgated by the board. |
22 | Every agreement shall be in writing and shall include a |
23 | provision for its termination without liability on the part of |
24 | the slot machine licensee upon a finding by the board that the |
25 | agreement is not approved or that it is terminated. Failure to |
26 | expressly include this condition in the agreement is not a |
27 | defense in any action brought under this section relating to the |
28 | termination of the agreement. |
29 | § 1326. License renewals. |
30 | (a) Renewal.--All permits and licenses issued under this |
|
1 | part unless otherwise provided shall be subject to renewal on an |
2 | annual basis [upon the application of the holder of the permit |
3 | or license submitted to the board at least 60 days prior to the |
4 | expiration of the permit or license] for the first two years |
5 | following the initial issuance. Thereafter, all permits and |
6 | licenses shall be subject to renewal every three years. Nothing |
7 | in this subsection shall relieve a licensee of the affirmative |
8 | duty to notify the board of any changes relating to the status |
9 | of its license or to any other information contained in |
10 | application materials on file with the board. The application |
11 | for renewal shall be submitted at least 60 days prior to the |
12 | expiration of the permit or license and shall include an update |
13 | of the information contained in the initial and any prior |
14 | renewal applications and the payment of any renewal fee required |
15 | by this part. The amount of any renewal fee shall be calculated |
16 | by the board to reflect the longer renewal period. A permit or |
17 | license for which a completed renewal application and fee, if |
18 | required, has been received by the board will continue in effect |
19 | unless and until the board sends written notification to the |
20 | holder of the permit or license that the board has denied the |
21 | renewal of such permit or license. |
22 | * * * |
23 | § 1328. Change in ownership or control of slot machine |
24 | licensee. |
25 | (a) Notification and approval.-- |
26 | (1) A slot machine licensee shall notify the board |
27 | [prior to or] immediately upon becoming aware of any proposed |
28 | or contemplated change of ownership of the slot machine |
29 | licensee by a person or group of persons acting in concert |
30 | which involves any of the following: |
|
1 | (i) More than 5% of a slot machine licensee's |
2 | securities or other ownership interests. |
3 | (ii) More than 5% of the securities or other |
4 | ownership interests of a corporation or other form of |
5 | business entity that owns directly or indirectly at least |
6 | 20% of the voting or other securities or other ownership |
7 | interests of the licensee. |
8 | (iii) The sale other than in the ordinary course of |
9 | business of a licensee's assets. |
10 | (iv) Any other transaction or occurrence deemed by |
11 | the board to be relevant to license qualifications. |
12 | * * * |
13 | (d) Fee reduction.--The board may in its discretion | <-- |
14 | eliminate the need for qualification and/or proportionately |
15 | reduce, but not eliminate, the new license fee otherwise |
16 | required pursuant to this section in connection with a change of |
17 | control of a licensee, depending upon the type of transaction, |
18 | the relevant ownership interests and changes thereto resulting |
19 | from the transaction and other considerations deemed relevant by |
20 | the board. In no case shall the fee be reduced below $10,000,000 |
21 | for a Category 1 or Category 2 license or $1,000,000 for a |
22 | Category 3 license. |
23 | * * * |
24 | § 1329. [Nonportability] Portability and relocation of slot |
25 | machine license. |
26 | (a) General rule.--Each slot machine license shall only be |
27 | valid for the specific physical location within the municipality |
28 | and county for which it was originally granted. [No] |
29 | (b) Petition.--An applicant for a slot machine license or a |
30 | slot machine licensee may petition the board to relocate the |
|
1 | approved physical location of a licensed facility. In evaluating |
2 | a petition to relocate, the board shall consider the following |
3 | factors: | <-- |
4 | (1) The address of the proposed new location and the |
5 | reason for the relocation. |
6 | (2) A comparative analysis, submitted by the petitioner, |
7 | detailing estimated gross terminal revenues at the new | <-- |
8 | proposed location with estimated gross terminal revenues at | <-- |
9 | the original approved physical location. | <-- |
10 | (3) A comparative analysis, submitted by the petitioner, |
11 | detailing the economic impact of the licensed facility at the |
12 | new proposed location with the estimated economic impact at | <-- |
13 | the original approved physical location. The comparative | <-- |
14 | analysis shall include the total cost of the project and |
15 | projected direct and indirect employment figures. |
16 | (4) A comprehensive traffic study commissioned by the |
17 | board. |
18 | (5) Community support or opposition. |
19 | (6) Any other information requested by the board. |
20 | (c) Relocation.--A slot machine licensee [shall] may be |
21 | permitted to move or relocate the physical location of the |
22 | licensed facility [without] with board approval [for] upon good |
23 | cause shown if the relocation of the licensed facility: | <-- |
24 | (1) the relocated licensed facility remains within the | <-- |
25 | same municipality as originally licensed; |
26 | (2) the relocation will facilitate the timely operation | <-- |
27 | of slot machines; |
28 | (3) the relocated licensed facility complies with all | <-- |
29 | other provisions of this part related to the siting and |
30 | location of a licensed facility; and |
|
1 | (4) relocation of the licensed facility is in the best | <-- |
2 | interests of the Commonwealth. |
3 | (d) Public input hearing.--The board shall hold at least one |
4 | public input hearing in the municipality where the licensed |
5 | facility will be located prior to approval of the relocation. |
6 | (e) Restriction.--No grant or loan from the Commonwealth may |
7 | be awarded for the purpose of relocating or developing the |
8 | relocated licensed facility to comply with any conditions of |
9 | approval of the relocation. |
10 | Section 11. Title 4 is amended by adding a section to read: |
11 | § 1332. Appointment of trustee. |
12 | (a) Appointment.--Upon petition of the Office of Enforcement |
13 | Counsel, the board may order the appointment of a trustee from |
14 | the list required under subsection (j) to act on behalf of the |
15 | interests of the Commonwealth and the board to assure compliance |
16 | with this part and any conditions imposed upon the slot machine |
17 | license in the following circumstances: |
18 | (1) Upon the revocation, suspension or nonrenewal of a |
19 | slot machine license or a principal license if the principal |
20 | licensee is the only principal who exercises operational |
21 | control of the licensed facility. |
22 | (2) Upon the failure to renew a slot machine license or |
23 | a principal license if the principal licensee is the only |
24 | principal who exercises operational control of the licensed |
25 | facility until the slot machine or principal license is |
26 | renewed or until the discontinuation of the trusteeship |
27 | pursuant to subsection (i). |
28 | (3) If necessary to protect the best interests of the |
29 | Commonwealth. |
30 | (b) Qualifications.--The following shall apply: |
|
1 | (1) A trustee shall be required to qualify as a |
2 | principal and obtain a principal license pursuant to this |
3 | part. The board may appoint a trustee and award the trustee a |
4 | temporary principal license as prescribed in board |
5 | regulations. |
6 | (2) Before assuming duties, a trustee shall execute and |
7 | file a bond for the faithful performance of the trustee's |
8 | duties. The bond shall be payable to the board with sureties |
9 | and in the amount and form as required by board order. The |
10 | cost of the bond shall be paid by the former or suspended |
11 | licensee. |
12 | (3) A trustee shall be a resident of this Commonwealth. |
13 | (c) Powers.--A trustee appointed under this section shall |
14 | exercise only those powers and perform those duties expressly |
15 | conferred upon the trustee by the board. The board's order |
16 | appointing the trustee shall set forth the powers, duties and |
17 | responsibilities of the trustees which may include: |
18 | (1) Maintaining and operating the licensed facility in a |
19 | manner that complies with this part and any conditions |
20 | imposed by the board. |
21 | (2) Maintaining and operating the licensed facility |
22 | consistent with the measures generally taken in the ordinary |
23 | course of business including: |
24 | (i) Entering into contracts. |
25 | (ii) Borrowing money. |
26 | (iii) Pledging, mortgaging or otherwise encumbering |
27 | the licensed facility or property thereof as security for |
28 | the repayment of loans subject to any provisions and |
29 | restrictions in any existing credit documents. |
30 | (iv) Hiring, firing and disciplining employees. |
|
1 | (3) Exercising the rights and obligations of the former |
2 | or suspended licensee. |
3 | (4) Taking possession of all of the property of the slot |
4 | machine licensee, including its books, records and papers. |
5 | (5) Establishing accounts with financial institutions. |
6 | An account may not be established with a financial |
7 | institution in which an affiliate of the former or suspended |
8 | licensee, or in which the trustee, or an immediate family |
9 | member of the trustee, has a controlling interest. |
10 | (6) Meeting with the former or suspended licensee. |
11 | (7) Meeting with principals and key employees at the |
12 | licensed facility. |
13 | (8) Meeting with the independent audit committee. |
14 | (9) Meeting with the board's executive director and |
15 | keeping the board's executive director apprised of actions |
16 | taken and the trustee's plans and goals for the future. |
17 | (10) Hiring legal counsel, accountants or other |
18 | consultants or assistants, with prior approval of the board, |
19 | as necessary to carry out the trustee's duties and |
20 | responsibilities. |
21 | (11) Settling or compromising with any debtor or |
22 | creditor of the former or suspended licensee, including any |
23 | taxing authority. |
24 | (12) Reviewing outstanding agreements to which the |
25 | former or suspended licensee is a party and advising the |
26 | board as to which, if any, of the agreements should be the |
27 | subject of scrutiny, examination or investigation by the |
28 | board. |
29 | (13) Obtaining board approval prior to any sale, change |
30 | of ownership, change of control, change of financial status, |
|
1 | restructuring, transfer of assets or execution of a contract |
2 | or any other action taken outside of the ordinary course of |
3 | business. |
4 | (14) Obtaining board approval for any payments outside |
5 | of those made in the ordinary course of business. |
6 | Notwithstanding any provision contained in this subsection to |
7 | the contrary, the trustee shall have the duty to conserve and |
8 | preserve the assets of the licensed gaming entity. |
9 | (d) Compensation.--The board shall establish the |
10 | compensation of a trustee and shall review and approve actual |
11 | and reasonable costs and expenses of the trustee, legal counsel, |
12 | accountants or other consultants or assistants hired by the |
13 | trustee and other persons the board may appoint in connection |
14 | with the trusteeship action. The compensation, costs and |
15 | expenses shall be paid by the former or suspended licensee. |
16 | Total compensation for the trustee and all individuals hired or |
17 | retained by the trustee under subsection (c)(10) shall not |
18 | exceed $600 per hour in the aggregate, except that the board, |
19 | upon a finding that unanticipated circumstances exist, may |
20 | adjust the aggregate hourly rate of compensation. |
21 | (e) Reports.--A trustee shall file reports with regard to |
22 | the administration of the trusteeship with the board in the form |
23 | and at intervals as the board orders. The board may direct that |
24 | copies or portions of the trustee's reports be mailed to |
25 | creditors or other parties in interest and make summaries of the |
26 | reports available to the public and shall post them on the |
27 | board's Internet website. |
28 | (f) Review of actions.--A creditor or party in interest |
29 | aggrieved by any alleged breach of a delegated power or duty of |
30 | a trustee in the discharge of the trustee's duties may request a |
|
1 | review of the trustee's action or inaction by filing a petition |
2 | in accordance with board regulations. The petition must set |
3 | forth in detail the pertinent facts and the reasons why the |
4 | facts constitute the alleged breach. The board will review any |
5 | petition filed under this section and take whatever action, if |
6 | any, it deems appropriate. |
7 | (g) Effect of the trusteeship.--After issuance of an order |
8 | to appoint a trustee, the former or suspended principal or slot |
9 | machine licensee may not exercise any of its privileges, collect |
10 | or receive any debts and pay out, sell, assign or transfer any |
11 | of its property to anyone without prior approval of the |
12 | appointed trustee and the board. |
13 | (h) Disposition of net income.--During the period of |
14 | trusteeship, net income shall be deposited in an escrow account |
15 | maintained for that purpose. Payment of net income during the |
16 | period of trusteeship may not be made by the trustee without the |
17 | prior approval of the board. A suspended or former principal or |
18 | slot machine licensee may request distribution of all or a |
19 | portion of the net income during the period of trusteeship by |
20 | filing a petition in accordance with board regulation. The |
21 | suspended or former principal or slot machine licensee shall |
22 | have the burden of demonstrating good cause for the distribution |
23 | of the net income requested. |
24 | (i) Discontinuation.--The board may issue an order to |
25 | discontinue a trusteeship when: |
26 | (1) The board determines that the cause for which the |
27 | trustee was appointed no longer exists. |
28 | (2) The trustee has, with the prior approval of the |
29 | board, consummated the sale, assignment, conveyance or other |
30 | disposition of all the property or interest of the former |
|
1 | principal or slot machine licensee relating to the slot |
2 | machine license. |
3 | (j) List of approved trustees.--The board shall promulgate |
4 | regulations to establish a list of persons approved by the board |
5 | and qualified to serve as a trustee. At a minimum, the |
6 | regulations shall provide for the following: |
7 | (1) The minimum qualifications a person must possess to |
8 | be approved as a trustee, which shall include qualification |
9 | as a principal pursuant to this part and possession of a |
10 | principal license. |
11 | (2) The procedure for placement on or removal from the |
12 | approved trustee list. |
13 | (3) Any other information the board deems necessary to |
14 | carry out the intent of this section. |
15 | Section 11.1. Title 4 is amended by adding a chapter to |
16 | read: |
17 | CHAPTER 13A |
18 | TABLE GAMES |
19 | Subchapter |
20 | A. General Provisions |
21 | B. Table Games Authorized |
22 | C. Table Game Operations |
23 | D. (Reserved) |
24 | E. Table Game Testing and Certification |
25 | F. (Reserved) |
26 | G. Table Game Taxes and Fees |
27 | SUBCHAPTER A |
28 | GENERAL PROVISIONS |
29 | Sec. |
30 | 1301A. (Reserved). |
|
1 | 1302A. Regulatory authority. |
2 | 1303A. Temporary table game regulations. |
3 | 1304A. Commonwealth resident employment goals. |
4 | § 1301A. (Reserved). |
5 | § 1302A. Regulatory authority. |
6 | The board shall promulgate regulations: |
7 | (1) Establishing standards and rules for table games, |
8 | table game devices or associated equipment, including |
9 | standards distinguishing electronic and nonelectronic table |
10 | games. The standards shall provide for any new table games | <-- |
11 | and variations or composites of approved table games, | <-- |
12 | provided the Pennsylvania Gaming Control Board determines the |
13 | new table game, or any variations or composites or other | <-- |
14 | approved table games are suitable for use after a test or | <-- |
15 | experimental period under the terms and conditions as the |
16 | Pennsylvania Gaming Control Board may deem appropriate. |
17 | (2) Establishing standards to govern the conduct of |
18 | table games and the system of wagering associated with table |
19 | games, including the maintenance of financial books, records |
20 | and audits. |
21 | (2.1) Establishing standards for the daily observation |
22 | of certificate holder counting and recordation processes for |
23 | cash, cash equivalents and other representations of value |
24 | received in the conduct of table games. |
25 | (3) Establishing patron notice requirements pertaining |
26 | to minimum and maximum wagers on table games. Minimum and |
27 | maximum wagers may be adjusted from time to time by the | <-- |
28 | certificate holder in the normal course of conducting table |
29 | games, except that changes in minimum wagers at any given |
30 | table shall not apply to persons already engaged in wagering |
|
1 | at that table game when the minimum wager is changed, unless | <-- |
2 | 30 minutes' notice is provided to each player at that table | <-- |
3 | game. | <-- |
4 | (4) Requiring each certificate holder to: |
5 | (i) Provide written information at each operational |
6 | gaming table about table game rules, payoffs or winning |
7 | wagers and other information to each player as the board |
8 | may require. |
9 | (ii) Provide specifications approved by the board |
10 | under section 1207(11) (relating to regulatory authority |
11 | of board) to integrate and update the licensed facility's |
12 | surveillance system to cover all areas where table games |
13 | are conducted. The specifications shall include |
14 | provisions providing the board and other persons |
15 | authorized by the board with onsite access to the system |
16 | or its signal. |
17 | (iii) Designate one or more locations within the |
18 | licensed facility to conduct table games. |
19 | (iv) Ensure that visibility in a licensed facility |
20 | is not obstructed in any way that could interfere with |
21 | the ability of the certificate holder, the board and |
22 | other persons authorized by the board to oversee the |
23 | conduct of table games. |
24 | (v) Integrate the licensed facility's count room for |
25 | slot machine and table game operations to ensure maximum |
26 | security of the counting and storage of cash, cash |
27 | equivalents and other representations of value used in | <-- |
28 | the conduct and operation of table games as approved by |
29 | the board. |
30 | (vi) Equip each gaming table with a sign indicating |
|
1 | the permissible minimum and maximum wagers at the gaming |
2 | table. |
3 | (vii) Adopt policies or procedures to prohibit any |
4 | table game device, equipment or supplies from being |
5 | possessed, maintained or exhibited by any person on the |
6 | premises of a licensed facility except in the areas of a |
7 | licensed facility where the conduct of table games is |
8 | authorized or in a restricted area designated to be used |
9 | for the inspection, service, repair or storage of the |
10 | table games, table game devices or associated equipment |
11 | or supplies by the certificate holder. |
12 | (viii) Equip all drop boxes in which cash, cash |
13 | equivalents, fill slips, credit slips, inventory slips or |
14 | other representations of value are deposited at the |
15 | gaming tables, and all areas where drop boxes are kept |
16 | while in use, with two locking devices or keys, of which |
17 | one locking device or key shall be under the exclusive |
18 | control of the board, and the second locking device or |
19 | key shall be under the exclusive control of the |
20 | certificate holder. The drop boxes shall be brought into |
21 | or removed from an area where table games are conducted |
22 | or locked or unlocked in accordance with procedures |
23 | established by the board. |
24 | (ix) Designate secure locations for the inspection |
25 | and storage of dice, cards, tiles, dominoes, chips and |
26 | other representations of value used in the conduct of |
27 | table games as may be approved by the board. |
28 | (5) Establishing the size and uniform color by |
29 | denomination of all chips used in the conduct of table games |
30 | and a policy for the use of promotional or commemorative |
|
1 | chips. All types of chips shall be approved by the board |
2 | prior to being used for play at a table game at a licensed |
3 | facility. |
4 | (5.1) Establishing the procedure to be used by a |
5 | certificate holder to determine and extract a rake for the |
6 | purposes of deriving gross table game revenue. The rake may |
7 | be calculated as a percentage or a flat fee from nonbanking |
8 | table games. |
9 | (6) Establishing minimum standards relating to the |
10 | acceptance of tips or gratuities by dealers and croupiers at |
11 | a table game, including the requirement that tips or |
12 | gratuities be placed in a common pool for complete |
13 | distribution pro rata among all dealers and croupiers. |
14 | Nothing in this paragraph shall prohibit a certificate holder |
15 | from adopting a formal policy relating to acceptance of tips |
16 | and gratuities, provided that the policy meets the minimum |
17 | standard established by the board under this paragraph. |
18 | (7) Establishing the minimal proficiency requirements |
19 | for individuals to successfully complete a course of training |
20 | at an approved school under Chapter 17 (relating to gaming |
21 | schools). The regulations shall not prohibit a certificate |
22 | holder from establishing a course of training for its table |
23 | game employees or prohibit a certificate holder from offering |
24 | employment to an individual who has not attended or completed |
25 | a course of instruction at a gaming school and shall require |
26 | a certificate holder that elects to train its employees to |
27 | submit a detailed summary of the training program to the |
28 | board and to demonstrate the adequacy of the training. |
29 | (8) Permitting certificate holders to request |
30 | authorization to conduct, and to conduct, temporary table |
|
1 | game tournaments or other temporary table game contests in |
2 | which players compete against one another for cash or prizes |
3 | and establishing the practices and procedures governing the |
4 | conduct of the tournaments or contests. The number of |
5 | approved temporary tournament or contest table games shall |
6 | not be counted toward the maximum number of table games |
7 | authorized by the certificate holder's table game operation |
8 | certificate. |
9 | (9) Designating an employee to approve or deny a |
10 | certificate holder's request to decrease the number of slot |
11 | machines in its licensed facility if the slot machine |
12 | licensee seeks to reduce the number of slot machines by less |
13 | than 2%. Designated approval for reduction of slot machines |
14 | shall not exceed 2% in total regardless of the number of |
15 | requests a slot machine licensee submits for approval. |
16 | § 1303A. Temporary table game regulations. |
17 | (a) Promulgation.--In order to facilitate the prompt |
18 | implementation of this chapter, regulations promulgated by the |
19 | board shall be deemed temporary regulations which shall expire |
20 | not later than two years following the publication of the |
21 | temporary regulation. The board may promulgate temporary |
22 | regulations not subject to: |
23 | (1) Sections 201, 202 and 203 of the act of July 31, |
24 | 1968 (P.L.769, No.240), referred to as the Commonwealth |
25 | Documents Law. |
26 | (2) The act of June 25, 1982 (P.L.633, No.181), known as |
27 | the Regulatory Review Act. |
28 | (3) Sections 204(b) and 301(10) of the act of October |
29 | 15, 1980 (P.L.950, No.164), known as the Commonwealth |
30 | Attorneys Act. |
|
1 | (b) Expiration.--The board's authority to adopt temporary |
2 | regulations in subsection (a) shall expire two years after the |
3 | effective date of this section. Regulations adopted after this |
4 | period shall be promulgated as provided by law. |
5 | (c) Temporary regulations.--The board shall begin publishing |
6 | temporary regulations governing table game rules, licensing of |
7 | manufacturers and suppliers and surveillance standards in the |
8 | Pennsylvania Bulletin no later than February 1, 2010. |
9 | § 1304A. Commonwealth resident employment goals. |
10 | (a) Employment opportunities.--It is the goal of the General |
11 | Assembly that the board promote and ensure the availability of |
12 | employment opportunities for Commonwealth residents in |
13 | operations related to or associated with table game operations |
14 | as authorized in this chapter. The board shall work with each |
15 | certificate holder to ensure the representation of Commonwealth |
16 | residents employed by a certificate holder's table games |
17 | operation. It is the goal of the Commonwealth that Commonwealth |
18 | residents comprise at least 85% of each certificate holder's |
19 | employees related to or associated with table games by the end |
20 | of the third year following commencement of the conduct of table |
21 | games at each certificate holder's licensed facility. |
22 | (b) Study.--The board shall conduct an annual study to |
23 | ascertain whether each certificate holder has taken effective |
24 | and meaningful action to enhance the number of Commonwealth |
25 | residents employed in positions related to or associated with |
26 | table games at licensed facilities. The first study shall be |
27 | completed one year following the issuance of the first table |
28 | game operation certificate. Each annual study shall contain |
29 | recommendations which the board determines appropriate. The |
30 | study shall be submitted to the chairman and minority chairman |
|
1 | of the standing committees of the Senate and of the House of |
2 | Representatives with jurisdiction over this part. |
3 | SUBCHAPTER B |
4 | TABLE GAMES AUTHORIZED |
5 | Sec. |
6 | 1311A. Authorization to conduct table games. |
7 | 1312A. Petition requirements. |
8 | 1313A. Prohibitions. |
9 | 1314A. Table game authorization hearing process; public input |
10 | hearings. |
11 | 1315A. Standard for review of petitions. |
12 | 1316A. Timing initial table game authorizations. |
13 | § 1311A. Authorization to conduct table games. |
14 | (a) Authorization to conduct.--Notwithstanding any other |
15 | provision of law to the contrary, the board may authorize a slot |
16 | machine licensee to conduct table games, the conduct of contests |
17 | or tournaments involving table games and the system of wagering |
18 | associated with the conduct of table games at the slot machine |
19 | licensee's licensed facility. Authorization to conduct table |
20 | games shall be contingent upon the slot machine licensee's |
21 | agreement to ensure the conduct of gaming in accordance with |
22 | this part and any other conditions established by the board. |
23 | Nothing in this part shall be construed to create a separate |
24 | license governing the conduct of table games by licensed |
25 | entities within this Commonwealth. |
26 | (b) Number of authorized table games.-- |
27 | (1) Each Category 1 and Category 2 slot machine licensee |
28 | awarded a table game operation certificate may be authorized |
29 | by the board to operate up to 200 table games at any one time |
30 | at the Category 1 or Category 2 licensed facility. |
|
1 | (2) Each Category 3 slot machine licensee awarded a |
2 | table game operation certificate may be authorized by the |
3 | board to operate up to 75 table games at any one time at the |
4 | Category 3 licensed facility. |
5 | (c) Additional authorization.--Notwithstanding subsection |
6 | (b), a slot machine licensee awarded a table game operation |
7 | certificate may, with board approval, exceed the total number of |
8 | table games authorized in the table game operation certificate |
9 | to conduct contests or tournaments at locations at the licensed |
10 | facility as determined pursuant to section 1321A (relating to |
11 | authorized locations for operation). |
12 | § 1312A. Petition requirements. |
13 | (a) General rule.--A slot machine licensee may seek approval |
14 | to conduct table games by filing a petition with the board. |
15 | (b) Petition contents.--A petition seeking authorization to |
16 | conduct table games shall include the following: |
17 | (1) The name, business address and contact information |
18 | of the petitioner. |
19 | (2) The name and business address, job title and a |
20 | photograph of each principal and key employee of the |
21 | petitioner who will be involved in the conduct of table games |
22 | and who is not currently licensed by the board. |
23 | (3) An itemized list of the number and types of table |
24 | games for which authorization is being sought. |
25 | (4) The estimated number of full-time and part-time |
26 | employment positions that will be created at the licensed |
27 | facility if table games are authorized and an updated hiring |
28 | plan pursuant to section 1510 (relating to labor hiring |
29 | preferences) which outlines the petitioner's plan to promote |
30 | the representation of diverse groups and Commonwealth |
|
1 | residents in the new employment positions. |
2 | (5) A brief description of the economic benefits |
3 | expected to be realized by the Commonwealth, its |
4 | municipalities and its residents if table games are |
5 | authorized. |
6 | (6) The details of any financing obtained or that will |
7 | be obtained to fund an expansion or modification of the |
8 | licensed facility to accommodate table games. |
9 | (7) Information and documentation concerning financial |
10 | background and resources, as the board may require, to |
11 | establish by clear and convincing evidence the financial |
12 | stability, integrity and responsibility of the petitioner. |
13 | (8) Information and documentation, as the board may |
14 | require, to establish by clear and convincing evidence that |
15 | the petitioner has sufficient business ability and experience |
16 | to create and maintain a successful table game operation. In |
17 | making this determination, the board may consider the results |
18 | of the petitioner's slot machine operation, including |
19 | financial information, employment figures and capital |
20 | investment. |
21 | (9) Information and documentation, as the board may |
22 | require, to establish by clear and convincing evidence that |
23 | the petitioner has the financial ability to pay the |
24 | authorization fee under section 1361A (relating to table game |
25 | authorization fee). |
26 | (10) Detailed site plans identifying the petitioner's |
27 | proposed table game area within the licensed facility or any |
28 | proposed temporary facility. |
29 | (11) Other information as the board may require. |
30 | (c) Confidentiality.--Information submitted to the board |
|
1 | under subsection (b)(6), (7), (9), (10) and (11) may be |
2 | considered confidential by the board if the information would be |
3 | confidential under section 1206(f) (relating to board minutes |
4 | and records). |
5 | § 1313A. Prohibitions. |
6 | (a) Slot machine licensee.--No slot machine licensee that is |
7 | required as a condition of slot machine licensure to make annual |
8 | payments to a municipality or municipal authority for an |
9 | economic development project, including any project enumerated |
10 | in the act of July 25, 2007 (P.L.342, No.53), known as |
11 | Pennsylvania Gaming Economic Development and Tourism Fund |
12 | Capital Budget Itemization Act of 2007, may submit a petition |
13 | under section 1312A (relating to petition requirements) until a |
14 | written agreement governing the terms of the payments, including |
15 | the date on which the payments shall be made, the amount of each |
16 | annual payment and the duration of the annual payments, is |
17 | executed between the slot machine licensee and the municipality |
18 | or municipal authority. |
19 | (b) Duties of board.--The board shall not accept or approve |
20 | a petition submitted by any slot machine licensee subject to |
21 | this section and prohibited by subsection (a) until such written |
22 | agreement is submitted by the slot machine licensee to the |
23 | board, which shall ensure the written agreement meets the |
24 | requirements of this section and all conditions relating to the |
25 | economic development project imposed by the board when awarding |
26 | the slot machine license to the licensee are satisfied and until |
27 | the municipality or municipal authority confirms to the board in |
28 | writing that the slot machine licensee has made the first |
29 | required payment under the written agreement. |
30 | (c) Construction.--Nothing in this section shall be |
|
1 | construed to relieve a slot machine licensee of its legal |
2 | obligation to make any required annual payments referenced under |
3 | this section if the slot machine licensee elects not to petition |
4 | the board for authorization to conduct table games. |
5 | § 1314A. Table game authorization hearing process; public input |
6 | hearings. |
7 | (a) General rule.--The board's consideration and resolution |
8 | of all petitions to conduct table games shall be conducted in |
9 | accordance with 2 Pa.C.S. (relating to administrative law and |
10 | procedure) or with procedures adopted by order of the board. |
11 | Notwithstanding the requirements of 2 Pa.C.S. §§ 504 (relating |
12 | to hearing and record) and 505 (relating to evidence and cross- |
13 | examination) as they relate to the conduct of oral hearings, the |
14 | board may adopt procedures to provide parties before it with a |
15 | documentary hearing, and the board may resolve disputed material |
16 | facts without conducting an oral hearing where constitutionally |
17 | permissible. |
18 | (b) Public input hearing requirement.-- |
19 | (1) Prior to granting a petition for a slot machine |
20 | licensee to conduct table games under this chapter, the board |
21 | shall hold at least one public input hearing on the matter, |
22 | in the municipality where the petitioner's licensed facility |
23 | is located. |
24 | (2) A list of all witnesses scheduled to testify at a |
25 | public input hearing shall be posted on the board's Internet |
26 | website at least seven days prior to the hearing. The list |
27 | shall be updated at least three days prior to the hearing. |
28 | Additional witnesses shall be posted on the board's Internet |
29 | website as they are added to the list. |
30 | § 1315A. Standard for review of petitions. |
|
1 | The board shall grant a petition and authorize the petitioner |
2 | to operate table games if the petitioner establishes, by clear |
3 | and convincing evidence, all of the following: |
4 | (1) The petitioner's slot machine license is in good |
5 | standing with the board. |
6 | (2) The petitioner conducting table games will have a |
7 | positive economic impact on the Commonwealth, its |
8 | municipalities and residents through increased revenues and |
9 | employment opportunities. |
10 | (3) The petitioner possesses or has secured adequate |
11 | financing, if necessary, to: |
12 | (i) Fund an expansion or modification of the |
13 | petitioner's licensed facility to accommodate table |
14 | games. |
15 | (ii) Pay the authorization fee under section 1361A |
16 | (relating to table game authorization fee). |
17 | (4) The petitioner has the financial stability, |
18 | integrity and responsibility to conduct table games. |
19 | (5) The petitioner has sufficient business ability and |
20 | experience to create and maintain a successful table game |
21 | operation. |
22 | (6) The petitioner's proposed internal and external |
23 | security and proposed surveillance measures within the area |
24 | of the licensed facility where the petitioner seeks to |
25 | conduct table games are adequate. |
26 | (7) The petitioner agrees to maintain the same number of |
27 | slot machines in operation authorized by the board on October | <-- |
28 | 1, 2009, and agrees not to decrease the number of slot |
29 | machines in its licensed facility by more than 2% without |
30 | formal board approval. |
|
1 | (8) If the petitioner is a Category 3 slot machine |
2 | licensee, the petitioner agrees to invest at least |
3 | $30,000,000 in capital improvements over a five-year period |
4 | at the licensed facility. |
5 | § 1316A. Timing initial table game authorizations. |
6 | The board shall approve or deny a petition filed under |
7 | section 1312A (relating to petition requirements) within 90 days |
8 | of the effective date of this chapter and no later than 60 days |
9 | after receipt of the filing. |
10 | SUBCHAPTER C |
11 | CONDUCT OF TABLE GAMES |
12 | Sec. |
13 | 1321A. Authorized locations for operation. |
14 | 1322A. Commencement of table game operations. |
15 | 1323A. Table game operation certificate. |
16 | 1324A. Condition of continued operation. |
17 | 1325A. Table game accounting controls and audits. |
18 | 1326A. Wagering policies. |
19 | 1327A. Key employees and occupation permits. |
20 | 1328A. Amendment of statement of conditions. |
21 | 1329A. Application of Clean Indoor Air Act. |
22 | 1329.1A. Application of Liquor Code. |
23 | § 1321A. Authorized locations for operation. |
24 | (a) Restriction.--Except as provided under subsection (b), a |
25 | certificate holder shall only be permitted to operate table |
26 | games at the licensed facility. |
27 | (a.1) Temporary facilities.--The board may permit a |
28 | certificate holder to conduct table games at a temporary |
29 | facility which is physically connected to, attached to or |
30 | adjacent to and on the same parcel of land as a permanent |
|
1 | facility for a period not to exceed 24 months. |
2 | (b) Powers and duties of board.--Upon petition made by a |
3 | table game operation certificate holder, the board may determine |
4 | the suitability of a hotel for the conduct of table games. The |
5 | board may authorize the executive director to designate specific |
6 | areas of the hotel, including conference rooms, ballrooms or |
7 | other rooms, in which the certificate holder may conduct table |
8 | games for the purposes of temporary contests or tournaments. No |
9 | certificate holder may be approved to conduct table games in a |
10 | hotel unless the areas to be designated are equipped with |
11 | adequate security and surveillance equipment to ensure the |
12 | integrity of the conduct of a table game, contest or tournament. |
13 | The petition shall include the number of table games the | <-- |
14 | certificate holder intends to operate during the temporary |
15 | contest or tournament. The certificate holder shall notify the | <-- |
16 | board of the number of table games that the certificate holder |
17 | intends to operate during a temporary contest or tournament, and |
18 | the board shall designate an employee to approve or deny the |
19 | request. In granting authorization under this section, the board |
20 | shall be prohibited from: |
21 | (1) Imposing any criteria or requirements regarding the |
22 | contents or structure of a hotel which are unrelated to the |
23 | conduct of table games. |
24 | (2) Authorizing the placement or operation of slot |
25 | machines in a hotel. |
26 | (3) Counting the number of temporary contest or |
27 | tournament table games toward the number of approved tables |
28 | in the table game operation certificate. |
29 | § 1322A. Commencement of table game operations. |
30 | A certificate holder may not operate or offer table games for |
|
1 | play at a licensed facility until: |
2 | (1) The certificate holder is in compliance in all |
3 | respects with the requirements of this part. |
4 | (2) The board has approved the certificate holder's |
5 | internal controls and audits protocols under section 1325A |
6 | (relating to table game accounting controls and audits). |
7 | (3) The certificate holder's table game employees, where |
8 | applicable, are licensed, permitted or otherwise authorized |
9 | by the board to perform their respective duties. |
10 | (4) The certificate holder is prepared in all respects |
11 | to offer table game play to the public at the licensed |
12 | facility. |
13 | (5) The certificate holder has implemented necessary |
14 | internal and management controls and security arrangements |
15 | and surveillance systems for the conduct of table games. |
16 | (6) The certificate holder has paid the authorization |
17 | fee in accordance with section 1361A (relating to table game |
18 | authorization fee). |
19 | (7) The certificate holder has obtained authorization | <-- |
20 | pursuant to an act of the General Assembly, following the |
21 | effective date of this section, and has compensated the |
22 | Commonwealth for no less than the $5,000,000 for the State |
23 | lands occupied by the licensed facility. |
24 | § 1323A. Table game operation certificate. |
25 | The following shall apply: |
26 | (1) A table game operation certificate shall be in |
27 | effect unless suspended or revoked by the board or not |
28 | renewed by the certificate holder or by the board upon good |
29 | cause by the board consistent with the requirements of this |
30 | part. |
|
1 | (2) The table game operation certificate shall include |
2 | an itemized list by type and number of the table games |
3 | approved by the board and permitted in the particular |
4 | licensed facility. The certificate holder may increase or |
5 | decrease the number of table games permitted at the licensed |
6 | facility, change the type of table games played at a |
7 | particular table or change the configuration of table games |
8 | upon notice to the board and approval by a designated |
9 | employee of the board. Unless approved by the board, the |
10 | total number of table games in operation at the licensed |
11 | facility may not exceed the number authorized in the table |
12 | games operation certificate. |
13 | (3) Certificate holders shall be required to update the |
14 | information in their initial table games petition at times |
15 | prescribed by the board. |
16 | (4) No additional authorization fee shall be imposed for |
17 | renewal of a table game operation certificate. |
18 | § 1324A. Condition of continued operation. |
19 | As a condition of continued operation, a certificate holder |
20 | shall agree to maintain all books, records and documents |
21 | pertaining to table games in a manner and location within this |
22 | Commonwealth as approved by the board. All books, records and |
23 | documents related to table games shall: |
24 | (1) be segregated by separate accounts within the slot |
25 | machine licensee's operations books, records and documents, |
26 | except for any books, records or documents that are common to |
27 | both operations; |
28 | (2) be immediately available for inspection upon request |
29 | of the board, the bureau, the Pennsylvania State Police, the |
30 | Attorney General or agents thereof during all hours of |
|
1 | operation of the licensed facility in accordance with |
2 | regulations promulgated by the board; and |
3 | (3) be maintained for a period as the board, by |
4 | regulation, may require. |
5 | § 1325A. Table game accounting controls and audits. |
6 | (a) Approval.--Prior to the commencement of table game |
7 | operations, a certificate holder shall submit to the board for |
8 | approval all proposed site plans, internal control systems and |
9 | audit protocols for the certificate holder's table game |
10 | operations. |
11 | (b) Minimum requirements.--A certificate holder's internal |
12 | controls and audit protocols shall: |
13 | (1) Safeguard its assets and revenues, including the |
14 | recording of cash and evidences of indebtedness related to |
15 | table games. |
16 | (2) Provide for reliable records, accounts and reports |
17 | of any financial event that occurs in the conduct of table |
18 | games, including reports to the board related to the table |
19 | games. |
20 | (3) Provide for accurate and reliable financial records |
21 | related to table games. |
22 | (4) Establish procedures for all the following: |
23 | (i) The receipt, storage and disbursal of chips, |
24 | cash and cash equivalents used in table games. |
25 | (ii) Check cashing. |
26 | (iii) The redemption of chips, cash equivalents and |
27 | other representations of value used in table games and |
28 | the payoff of jackpots. |
29 | (iv) The recording of transactions pertaining to |
30 | table games. |
|
1 | (5) Establish procedures for the collection and security |
2 | of moneys at the gaming tables. |
3 | (6) Establish procedures for the transfer and recording |
4 | of chips between the gaming tables and the cashier's cage. |
5 | (7) Establish procedures for the transfer of drop boxes |
6 | for table games from the gaming tables to the count room. |
7 | (8) Establish procedures and security for the counting |
8 | and recording of table game revenue. |
9 | (9) Establish procedures for the security, storage and |
10 | recording of cash, chips and cash equivalents utilized in |
11 | table games. |
12 | (10) Establish procedures and security standards for the |
13 | handling and storage of table game devices. |
14 | (11) Establish procedures and rules governing the |
15 | conduct of each table game and the responsibility of |
16 | employees related to table games. |
17 | (12) Establish procedures for the collection and |
18 | recording of revenue from poker when it is a nonbanking game, |
19 | including the types of rake utilized and the methodology for |
20 | calculating the amount of permissible rake. |
21 | (13) Ensure that any wagering permitted in a table game |
22 | is implemented only in accordance with the management's |
23 | general or specific authorization, as approved by the board. |
24 | (14) Ensure the proper and timely accounting of gross |
25 | table game revenue and the calculation of gross table game |
26 | revenue, fees and taxes based on the gross table game revenue |
27 | and maintain accountability for assets. |
28 | (15) Ensure that recorded accountability for assets is |
29 | compared with actual assets at reasonable intervals and that |
30 | appropriate action is taken with respect to any |
|
1 | discrepancies. |
2 | (16) Ensure that all functions, duties and |
3 | responsibilities are appropriately segregated and performed |
4 | in accordance with sound financial practices by competent, |
5 | qualified employees. |
6 | (17) Permit use of its licensed facility by the board, |
7 | the bureau and other persons authorized by the board to |
8 | facilitate their ability to perform regulatory and oversight |
9 | functions under this chapter. |
10 | (c) Submission to board.--The submission required under |
11 | subsection (a) shall include a detailed description of the |
12 | certificate holder's administrative and accounting procedures |
13 | related to table games, including its written system of internal |
14 | controls. Each written system of internal controls shall |
15 | include: |
16 | (1) An organizational chart depicting appropriate |
17 | functions and responsibilities of employees involved in both |
18 | the slot machine operations and table game operations. |
19 | (2) A description of the duties and responsibilities of |
20 | each position shown on the organizational chart. |
21 | (3) The record retention policy of the certificate |
22 | holder. |
23 | (4) The procedure to be utilized to ensure that assets |
24 | are safeguarded, including mandatory count procedures. |
25 | (5) A detailed narrative description of the |
26 | administrative and accounting procedures in place to ensure |
27 | compliance with the requirements of section 1326A (relating |
28 | to wagering policies). |
29 | (6) A statement signed by the certificate holder's chief |
30 | financial officer or other competent person attesting that |
|
1 | the officer believes, in good faith, that the system |
2 | satisfies the requirements of this section. |
3 | (d) Review.--Prior to authorizing a certificate holder to |
4 | conduct table games, the board shall review the system of |
5 | internal controls submitted under subsection (c) to determine |
6 | whether it conforms to the requirements of this part and whether |
7 | it provides adequate and effective controls for the conduct of |
8 | table games. |
9 | § 1326A. Wagering policies. |
10 | (a) Acceptance of checks.--A certificate holder may accept a |
11 | check from a patron in exchange for cash or chips. The |
12 | certificate holder shall present each check for payment to the |
13 | financial institution upon which the check is drawn within ten |
14 | days of receipt by the certificate holder. No third party checks |
15 | shall be permitted. |
16 | (b) Credit and other financial transactions permitted.-–A |
17 | certificate holder may make credit card advances and withdrawals |
18 | available to patrons at its licensed facility. All fees charged |
19 | for cash advances, check cashing, credit card withdrawals and |
20 | the conversion of cash equivalents shall be disclosed. |
21 | Notwithstanding section 1504 (relating to wagering on credit), a |
22 | certificate holder may extend credit to patrons for the purpose |
23 | of playing slot machines or table games in accordance with this |
24 | section. |
25 | (c) Credit applications.-–Each application for credit |
26 | submitted by a patron to a certificate holder shall be |
27 | maintained in a credit file. The application shall include the |
28 | patron's name, address, telephone number, comprehensive bank |
29 | account information, the requested credit limit, the patron's |
30 | approximate amount of current indebtedness, the amount and |
|
1 | source of income in support of the application, the patron's |
2 | signature on the application and a certification of truthfulness |
3 | which shall be subject to 18 Pa.C.S. § 4903 (relating to false |
4 | swearing). The certification holder shall notify each applicant |
5 | that, as a condition of receiving credit, the certificate holder |
6 | will verify identity and indebtedness information through a |
7 | credit bureau, casino credit bureau and, if appropriate, through |
8 | direct contact with other certificate holders. |
9 | (d) Credit application verification.-–Prior to approving an |
10 | application for credit, a certificate holder shall verify: |
11 | (1) The identity, creditworthiness and indebtedness |
12 | information on the application by conducting a comprehensive |
13 | review of the information submitted with the application and |
14 | any information regarding the patron's credit activity at |
15 | other licensed facilities which the certificate holder may |
16 | obtain through a casino credit bureau and, if appropriate, |
17 | through direct contact with other licensed facilities. |
18 | (2) That the applicant's name is not included on an |
19 | exclusion list under section 1514 (relating to regulation |
20 | requiring exclusion of certain persons) or 1516 (relating to |
21 | list of persons self excluded from gaming activities) or a |
22 | voluntary credit suspension list under subsection (h). |
23 | (3) The applicant's average bank balance through direct |
24 | contact with a casino credit bureau, credit agency or with |
25 | the applicant's bank. |
26 | (e) Establishment of credit.-–Each applicant's credit limit |
27 | shall be approved by any two or more employees of the |
28 | certificate holder holding the job positions of credit manager, |
29 | assistant credit manager, credit shift manager, credit executive |
30 | or a key employee in a direct reporting line above the manager |
|
1 | or credit manager. The approval shall be recorded in the |
2 | applicant's credit file and shall include the reasons and |
3 | information relied on for the approval of credit and |
4 | verification by the employees approving the applicant's credit |
5 | limit. Increases to an individual's credit limit may be approved |
6 | following a written request from the individual and |
7 | reverification of an individual's credit information. |
8 | (f) Recordkeeping.-–Detailed information pertaining to all |
9 | transactions affecting an individual's outstanding indebtedness |
10 | to a certificate holder shall be recorded in chronological order |
11 | in the individual's credit file. |
12 | (g) Suspension of credit.-–A certificate holder may reduce |
13 | an individual's credit limit or suspend credit to an individual |
14 | upon consideration of information affecting the individual's |
15 | creditworthiness or the individual's credit activities at the |
16 | licensed facility or another licensed facility. Any individual |
17 | may request a certificate holder to voluntarily suspend the |
18 | individual's credit. Each certificate holder shall inform the |
19 | board when an individual requests a voluntary suspension of |
20 | credit and shall provide the board with all information |
21 | necessary to maintain the voluntary credit suspension list under |
22 | subsection (h). |
23 | (h) Voluntary credit suspension list.--The board shall |
24 | maintain a voluntary credit suspension list of all persons who |
25 | have requested voluntary suspension of credit privileges and |
26 | shall provide the list on a continuous basis to the credit |
27 | department of each certificate holder. An individual may request |
28 | placement on the voluntary credit suspension list by submitting |
29 | to the board the individual's name, address and date of birth. |
30 | The individual does not need to provide a reason for the |
|
1 | request. Notwithstanding any other provision of law to the |
2 | contrary, the board's list of individuals who have had credit |
3 | privileges voluntarily suspended shall not be open to public |
4 | inspection, and neither the board nor the credit department of a |
5 | certificate holder shall divulge the names on this list to any |
6 | person or entity other than those provided for in this |
7 | subsection. To remove an individual's name from the list, the |
8 | individual shall submit a request to the board, which shall |
9 | remove the individual from the list and inform the credit |
10 | department of each certificate holder not later than three |
11 | business days after the submission board's receipt of the | <-- |
12 | request. |
13 | (i) Liability.--A certificate holder or employee thereof |
14 | shall not be liable to any individual on the voluntary credit |
15 | suspension list or to any other party in any judicial proceeding |
16 | for any harm, monetary or otherwise, which may arise as a result |
17 | of: |
18 | (1) the failure of a certificate holder to restore |
19 | credit privileges to an individual on the voluntary credit |
20 | suspension list; or |
21 | (2) otherwise permitting an individual on the voluntary |
22 | credit suspension list to engage in gaming activity in the |
23 | licensed facility while on the voluntary credit suspension |
24 | list. |
25 | (j) Checks.--Notwithstanding the provisions of any law to |
26 | the contrary, checks cashed in conformity with the requirements |
27 | of this section or 13 Pa.C.S. Div. 3 (relating to negotiable |
28 | instruments) shall be valid instruments, enforceable at law in |
29 | the courts of this Commonwealth. Any check cashed, transferred, |
30 | conveyed, given or accepted in violation of this section shall |
|
1 | be invalid and unenforceable for the purposes of collection by a |
2 | certificate holder but shall be included in the calculation of |
3 | gross table game revenue. |
4 | (k) Tax liability.--Credit extended pursuant to this section |
5 | may not be claimed as a deduction, credit or any other type of |
6 | reduction or offset against any tax imposed by this part or the |
7 | act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code |
8 | of 1971. |
9 | § 1327A. Key employees and occupation permits. |
10 | Nothing in this part shall be construed to require any |
11 | individual who holds a key employee or gaming employee license |
12 | under Chapter 13 (relating to licensees) to obtain a separate |
13 | license or permit to be employed in a certificate holder's table |
14 | game operation authorized under this chapter. |
15 | § 1328A. Amendment of statement of conditions. |
16 | (a) Amendment.--Upon granting a petition for a table game |
17 | operation certificate, the board shall amend the slot machine |
18 | licensee's statement of conditions governing the slot machine |
19 | license to include conditions pertaining to the requirements of |
20 | this part. |
21 | (b) Sanctions.--A certificate holder that fails to abide by |
22 | this part as well as any condition contained in the licensee's |
23 | statement of conditions in the conduct of table games shall be |
24 | subject to board-imposed administrative sanctions or other |
25 | penalties authorized under this part. |
26 | § 1329A. Application of Clean Indoor Air Act. |
27 | If the board authorizes the conduct of table games in a |
28 | designated area other than the gaming floor, as defined in |
29 | section 2 of the act of June 13, 2008 (P.L.182, No.27), known as |
30 | the Clean Indoor Air Act, the provisions of section 3(b)(11) of |
|
1 | the Clean Indoor Air Act shall apply to that area and may | <-- |
2 | include table games. |
3 | § 1329.1A. Application of Liquor Code. |
4 | The provisions of section 493(24)(ii) of the act of April 12, |
5 | 1951 (P.L.90, No.21), known as the Liquor Code, shall also apply |
6 | to table games. |
7 | SUBCHAPTER D |
8 | (RESERVED) |
9 | SUBCHAPTER E |
10 | TABLE GAME TESTING AND CERTIFICATION |
11 | Sec. |
12 | 1341A. Table game device testing and certification standards. |
13 | § 1341A. Table game device testing and certification standards. |
14 | (a) Use of other state standards.--Until such time as the |
15 | board expands the independent testing and certification facility |
16 | established under section 1320(b) (relating to slot machine |
17 | testing and certification standards), the board may determine |
18 | whether the table game device testing and certification |
19 | standards of another jurisdiction within the United States in |
20 | which an applicant for a manufacturer license is licensed are |
21 | comprehensive and thorough and provide similar adequate |
22 | safeguards as those required by this part. If the board makes |
23 | that determination, it may permit a manufacturer licensed |
24 | pursuant to section 1317.1 (relating to manufacturer licenses) |
25 | to deploy table game devices it manufactures which have met the |
26 | table game device testing and certification standards in another |
27 | jurisdiction without undergoing the full testing and |
28 | certification process by the board's independent testing and |
29 | certification facility. |
30 | (b) Expansion of independent testing and certification |
|
1 | facility.--Within one year of the effective date of this |
2 | chapter, the board shall expand the independent testing and |
3 | certification facility created under section 1320(b) to include |
4 | the testing and certification of table game devices. Costs |
5 | associated with the expansion of the facility shall be assessed |
6 | on the appropriate manufacturer licensed to manufacture table |
7 | game devices under this part in accordance with a schedule |
8 | adopted by the board. The expanded facility shall be made |
9 | available to each table game device manufacturer and supplier as |
10 | determined by the board. |
11 | SUBCHAPTER F |
12 | (Reserved) |
13 | SUBCHAPTER G |
14 | TABLE GAME TAXES AND FEES |
15 | Sec. |
16 | 1361A. Table game authorization fee. |
17 | 1362A. Table game taxes and assessment. |
18 | § 1363A. Additional table game assessment. | <-- |
19 | § 1361A. Table game authorization fee. |
20 | (a) Imposition.--The board shall impose on each certificate |
21 | holder that is a Category 1 or Category 2 slot machine licensee |
22 | a one-time nonrefundable authorization fee in the amount of |
23 | $20,000,000 and on each certificate holder that is a Category 3 |
24 | licensee a one-time nonrefundable authorization fee in the |
25 | amount of $7,500,000 for the privilege of conducting table |
26 | games. |
27 | (b) Petition deadlines.--All eligible slot machine |
28 | licensees, whether operational or not, must submit a petition |
29 | and pay the authorization fee in full by June 1, 2010. This |
30 | subsection shall not apply to a Category 1 or Category 3 license |
|
1 | issued under section 1307 (relating to number of slot machine |
2 | licenses) after June 1, 2010. |
3 | (c) Payment of fee.--The fee imposed under subsection (a) |
4 | may be paid through an installment period established by the |
5 | board if the authorization fee is paid in full on or before June |
6 | 1, 2010. |
7 | (d) Failure to pay by deadline.--If a petitioner or |
8 | certificate holder fails to pay the authorization fee in full by |
9 | June 1, 2010, the board shall impose a $5,000,000 penalty and |
10 | may grant the petitioner or certificate holder up to a six-month |
11 | extension to pay any remaining authorization fee and the |
12 | penalty. The board may require the certificate holder to remit a |
13 | certain amount from the daily gross table game revenue to the |
14 | department until the fee and penalty are fully paid. |
15 | (e) Revocation of certificate.--The board shall revoke the |
16 | table game operation certificate if the certificate holder fails |
17 | to pay the total authorization fee and the penalty prior to the |
18 | expiration of an extension period granted under subsection (d). |
19 | (f) Petitions filed after deadline.--A petitioner filing a |
20 | petition after June 1, 2010, shall be required to pay an |
21 | additional authorization fee of $7,500,000. This subsection |
22 | shall not apply to a Category 1 or Category 3 slot machine |
23 | license issued after June 1, 2010. |
24 | (g) Deposit of fees.–-Notwithstanding section 1208 (relating |
25 | to collection of fees and fines), all table game authorization |
26 | fees received by the board under subsection (a), (c) or (f) or |
27 | penalties received under subsection (d) and all table game |
28 | manufacturer and supplier license fees or manufacturer and |
29 | supplier renewal fees or fees for licensees issued under Chapter |
30 | 16 (relating to junkets) shall be deposited in the General Fund. |
|
1 | Upon receipt of the license fee by the General Fund, 10% of the | <-- |
2 | fee must be transferred within 30 days to the Department of |
3 | Military and Veteran Affairs. Such funds shall be used 50% for |
4 | operation of Scotland School for Veterans Children, and 50% for |
5 | operation of, maintenance of and improvements to veterans homes, |
6 | centers and schools. |
7 | § 1362A. Table game taxes and assessment. |
8 | (a) Imposition.--Each certificate holder shall pay from its |
9 | daily gross table game revenue from the table games in operation |
10 | at its licensed facility on a form prescribed by the department |
11 | a tax of 34% 37% to be deposited into the General Fund and | <-- |
12 | distributed as follows: |
13 | (1) Thirty-four percent shall remain in the General |
14 | Fund. |
15 | (2) One and one-half percent shall be distributed by the |
16 | department to the county hosting the licensed facility. |
17 | (3) One and one-half percent shall be distributed by the |
18 | department to the municipality hosting the licensed facility. |
19 | (b) Deposits and distributions.-– |
20 | (1) The tax imposed under subsection (a) and any |
21 | interest accrued thereon shall be payable to the department |
22 | on a weekly basis and shall be based upon gross table game |
23 | revenue derived during the previous week. The department | <-- |
24 | shall distribute moneys to the counties and municipalities |
25 | within a week of their receipt. |
26 | (2) All funds owed to the Commonwealth, county and | <-- |
27 | municipality under this section shall be held in trust for |
28 | the Commonwealth, county and municipality by the certificate | <-- |
29 | holder until the funds are paid or transferred and |
30 | distributed by the department. Unless otherwise agreed to by |
|
1 | the board, a certificate holder shall establish a separate |
2 | bank account to maintain table game revenue until such time |
3 | as the funds are paid or transferred under this section. |
4 | (b.1) Disposition in certain third class counties.-- | <-- |
5 | (1) The tax imposed by subsection (a)(2) in a county of |
6 | the third class with a thoroughbred racetrack shall be |
7 | deposited into a restricted account established in the |
8 | Pennsylvania Commission on Crime and Delinquency to be used |
9 | exclusively by the county commissioners of the third class |
10 | county where the facility is located for a Violent Crime Task |
11 | Force composed of members of county and municipal law |
12 | enforcement agencies to reduce gang violence, gun trafficking |
13 | and violence and drug-related crimes. The commissioners shall |
14 | appoint an advisory committee to be chaired by the district |
15 | attorney and composed of chiefs and directors of county and |
16 | municipal law enforcement agencies. The advisory committee |
17 | shall make recommendations to the county commissioners for |
18 | the priorities and expenditures of the task force. The |
19 | district attorney shall direct and coordinate the operations |
20 | and personnel of the task force. |
21 | (2) The tax imposed by subsection (a)(3) in a county of |
22 | the third class with a thoroughbred racetrack shall be |
23 | distributed to the host municipality, subject, however, to |
24 | the budgetary limitations in this paragraph. If the licensed |
25 | facility and associated land are located in more than one |
26 | second class township, $120,000 annually shall be paid to |
27 | each township by the licensed gaming entity operating a |
28 | licensed facility and associated land located in those |
29 | townships, subject, however, to the budgetary limitation in |
30 | this paragraph. The amount allocated to the designated |
|
1 | townships in this paragraph shall not exceed 50% of their |
2 | total budget for fiscal year 2009-2010, adjusted for |
3 | inflation in subsequent years by an amount not to exceed an |
4 | annual cost-of-living adjustment calculated by applying the |
5 | percentage change in the Consumer Price Index immediately |
6 | prior to the date the adjustment is due to take effect. Any |
7 | remaining funds shall be deposited in the restricted account |
8 | established by the Pennsylvania Commission on Crime and |
9 | Delinquency in this subsection and shall be used for the |
10 | purposes of implementing this subsection. |
11 | (3) This subsection shall only apply to those counties |
12 | in which a licensed facility and associated lands are located |
13 | in two counties. |
14 | (4) For the purposes of this subsection, the term |
15 | "associated land" shall mean land that is owned by and |
16 | adjacent to a licensed facility and other areas owned by the |
17 | licensed facility, including racetracks, grazing fields or |
18 | any other adjoining real property. |
19 | (c) Deposits for property tax relief.--If, on the last day |
20 | of a fiscal year the balance of the Budget Stabilization Reserve |
21 | Fund established pursuant to section 1701-A of the act of April |
22 | 9, 1929 (P.L.343, No.176), known as The Fiscal Code, exceeds |
23 | $750,000,000, the Secretary of the Budget shall certify the |
24 | amount in the fund and the deposits made into the General Fund |
25 | pursuant to subsection (a) (a)(1) shall cease and thereafter be | <-- |
26 | deposited into the Property Tax Relief Fund established pursuant |
27 | to 4 Pa.C.S. § 1409 (relating to Property Tax Relief Fund). |
28 | § 1363A. Additional table game assessment. | <-- |
29 | (a) Additional assessment.--An assessment in an amount equal |
30 | to 1% of the daily gross table game revenue from each |
|
1 | certificate holder shall be paid by each certificate holder, |
2 | deposited in the State Gaming Fund and quarterly distributed to |
3 | the county hosting the certificate holder in accordance with |
4 | section 1403(c)(2), except when the certificate holder is |
5 | located in a county of the first class in which case the amount |
6 | shall be deposited in an escrow account established by an |
7 | advisory committee organized and overseen by the board and |
8 | distributed pursuant to subsection (b). |
9 | (b) Distributions from first class county escrow account.-- |
10 | The advisory committee shall adopt and file with the board |
11 | procedures for distributions from an escrow account established |
12 | for a first class county under subsection (a). All funds in an |
13 | escrow account shall be distributed only to nonprofit |
14 | organizations, and no funds may be distributed out of the county |
15 | of the first class. No less than 70% of funds in the escrow |
16 | account shall be distributed to nonprofit organizations for the |
17 | benefit of the immediate vicinity of the licensed facility. The |
18 | advisory committee shall submit a biannual report to the board |
19 | on the distribution of funds from the escrow account. |
20 | (c) Advisory committee.--An advisory committee for an escrow |
21 | account established for a first class county under subsection |
22 | (a) shall be comprised of the following members: |
23 | (1) Two designees of the State Senator in whose district |
24 | the licensed facility is located. |
25 | (2) Two designees of the State Representative in whose |
26 | district the licensed facility is located. |
27 | (3) One designee of the municipal government. |
28 | (4) One designee of the municipal council. |
29 | (5) One designee of the licensed facility. |
30 | Section 11.2. Sections 1401(b), 1402(a), 1402.1, 1403(b), |
|
1 | (c)(2)(i)(D) and (E) and (ii)(D), (iv) and (3)(v), 1405 and | <-- |
2 | 1406(a) and (e) of Title 4 are amended to read: | <-- |
3 | § 1401. Slot machine licensee deposits. |
4 | * * * |
5 | (b) Initial deposit of funds.--Not later than two business |
6 | days prior to the commencement of slot machine operations by a |
7 | slot machine licensee, the slot machine licensee shall deposit |
8 | and maintain the [sum of $5,000,000] following sums in its |
9 | account to guarantee the payment of funds to the Commonwealth |
10 | under this part and as security for its obligations under |
11 | section 1405 (relating to Pennsylvania Race Horse Development |
12 | Fund)[.]: |
13 | (1) For a Category 1 or Category 2 slot machine |
14 | licensee, $5,000,000. |
15 | (2) For a Category 3 slot machine licensee, $1,000,000. |
16 | No additional deposit shall be required from a slot machine |
17 | licensee if a slot machine licensee is granted a certificate |
18 | under Chapter 13A (relating to table games). |
19 | * * * |
20 | § 1402. Gross terminal revenue deductions. |
21 | (a) Deductions.--After determining the appropriate |
22 | assessments for each slot machine licensee, the department shall |
23 | determine costs, expenses or payments from each account |
24 | established under section 1401 (relating to slot machine |
25 | licensee deposits). The following costs and expenses shall be |
26 | transferred to the appropriate agency upon appropriation by the |
27 | General Assembly: |
28 | (1) The costs and expenses to be incurred by the |
29 | department in administering this part at each slot machine |
30 | licensee's licensed facility based upon a budget submitted by |
|
1 | the department [to and approved by the board]. |
2 | (2) The other costs and expenses to be incurred by the |
3 | department in administering this part based upon a budget |
4 | submitted by the department [to and approved by the board]. |
5 | (3) Sums necessary to repay any loans made by the |
6 | General Fund to the department in connection with carrying |
7 | out its responsibilities under this part, including the costs |
8 | of the initial acquisition of the central control computer |
9 | and any accessories or associated equipment. |
10 | (4) The costs and expenses to be incurred by the |
11 | Pennsylvania State Police and the Office of Attorney General |
12 | and not otherwise reimbursed under this part in carrying out |
13 | their respective responsibilities under this part based upon |
14 | a budget submitted by the Pennsylvania State Police and the |
15 | Attorney General [to and approved by the board]. |
16 | (5) Sums necessary to repay any loans made by the |
17 | General Fund to the Pennsylvania State Police in connection |
18 | with carrying out its responsibilities under this part. |
19 | (6) The costs and expenses to be incurred by the board |
20 | in carrying out its responsibilities under this part based |
21 | upon a budget approved by the board. |
22 | (7) Sums necessary to repay any loans made by the |
23 | General Fund to the board in connection with carrying out its |
24 | responsibilities under this part. |
25 | (8) The salaries, wages and all necessary expenses |
26 | incurred by the Department of the Auditor General and not |
27 | otherwise reimbursed under this part in conducting audits as |
28 | provided by law of the board or any fund created by this part |
29 | based upon the budget submitted by the Department of the |
30 | Auditor General pursuant to section 1402.1 (relating to |
|
1 | itemized budget reporting). |
2 | * * * |
3 | § 1402.1. Itemized budget reporting. |
4 | The board, department, Pennsylvania State Police [and], the |
5 | Attorney General and the Department of the Auditor General shall |
6 | prepare and annually submit to the chairman of the |
7 | Appropriations Committee of the Senate and the chairman of the |
8 | Appropriations Committee of the House of Representatives an |
9 | itemized budget consisting of amounts to be appropriated out of |
10 | the accounts established under section 1401 (relating to slot |
11 | machine licensee deposits) necessary to administer this part or |
12 | required under section 1402(a)(8) (relating to gross terminal |
13 | revenue deductions). |
14 | § 1403. Establishment of State Gaming Fund and net slot machine |
15 | revenue distribution. |
16 | * * * |
17 | (b) Slot machine tax.--The department shall determine and |
18 | each slot machine licensee shall pay a daily tax of 34% from its |
19 | daily gross terminal revenue from the slot machines in operation |
20 | at its facility and a local share assessment as provided in |
21 | subsection (c) into the fund. All funds owed to the Commonwealth |
22 | or a municipality under this section shall be held in trust by |
23 | the licensed gaming entity for the Commonwealth and the |
24 | municipality until the funds are paid or transferred and |
25 | distributed. Unless otherwise agreed to by the [Gaming Board] |
26 | board, a licensed gaming entity shall establish a separate bank |
27 | account to maintain [gaming proceeds] slot machine revenue until |
28 | such time as [they] the funds are paid or transferred under this |
29 | section. |
30 | (c) Transfers and distributions.--The department shall: |
|
1 | * * * |
2 | (2) From the local share assessment established in |
3 | subsection (b), make quarterly distributions among the |
4 | counties hosting a licensed facility in accordance with the |
5 | following schedule: |
6 | (i) If the licensed facility is a Category 1 |
7 | licensed facility that is located at a harness racetrack |
8 | and the county, including a home rule county, in which |
9 | the licensed facility is located is: |
10 | * * * |
11 | (D) (I) A county of the third class: Except as |
12 | provided in subclause (II), 2% of the gross terminal |
13 | revenue from each such licensed facility shall be |
14 | deposited into a restricted account established in |
15 | the Department of Community and Economic Development |
16 | to be used exclusively for grants for health, safety |
17 | and economic development projects to municipalities |
18 | within the county where the licensed facility is |
19 | located. [Municipalities that are contiguous to the |
20 | municipality hosting such licensed facility shall be |
21 | given priority by the Department of Community and |
22 | Economic Development in the award of such grants.] If |
23 | the licensed facility is located in a first class |
24 | township located in a county where a third class city |
25 | is operating under an Optional Plan B form of |
26 | government pursuant to the former act of April 13, |
27 | 1972 (P.L.184, No.62), known as the Home Rule Charter |
28 | and Optional Plans Law, the department shall allocate |
29 | funds available for grants to municipalities as |
30 | follows: 40% shall be awarded to cities located in |
|
1 | the county on a pro rata basis utilizing the most |
2 | recent United States Census bureau population figures |
3 | available; 35% shall be awarded to municipalities |
4 | contiguous to the host municipality; and 25% shall be |
5 | available for awards to noncontiguous municipalities |
6 | in the county, on a competitive basis. Grants to |
7 | municipalities within the county where the licensed |
8 | facility is located may be awarded to groups of |
9 | municipalities within the county to fund regional |
10 | projects. |
11 | (II) If a licensed facility is located in |
12 | one of two counties of the third class where a |
13 | city of the third class is located in both |
14 | counties of the third class, the county in which |
15 | the licensed facility is located shall receive |
16 | 1.2% of the gross terminal revenue to be |
17 | distributed as follows: 20% to the host city, |
18 | 30% to the host county and 50% to the host county |
19 | for the purpose of making municipal grants within |
20 | the county, with priority given to municipalities |
21 | contiguous to the host city. The county of the |
22 | third class, which includes a city of the third |
23 | class that is located in two counties of the |
24 | third class and is not the host county for the |
25 | licensed facility, shall receive .8% of the gross |
26 | terminal revenue to be distributed as follows: |
27 | 60% to a nonhost city of the third class located |
28 | solely in the nonhost county in which the host |
29 | city of the third class is also located or 60% to |
30 | the nonhost city of the third class located both |
|
1 | in the host and nonhost counties of the third |
2 | class, 35% to the nonhost county and 5% to the |
3 | nonhost county for the purpose of making |
4 | municipal grants within the county. |
5 | (E) A county of the fourth class: 2% of the |
6 | gross terminal revenue from each such licensed |
7 | facility shall be distributed as follows: |
8 | (I) The department shall make quarterly |
9 | distributions directly to each municipality |
10 | within the county, except the host municipality, |
11 | by using a formula equaling the sum of $25,000 |
12 | plus $10 per resident of the municipality using |
13 | the most recent population figures provided by |
14 | the Department of Community and Economic |
15 | Development, provided, however, that the amount |
16 | so distributed to any municipality shall not |
17 | exceed 50% of its total budget for fiscal year |
18 | 2009, adjusted for inflation in subsequent fiscal |
19 | years by an amount not to exceed an annual cost- |
20 | of-living adjustment calculated by applying any |
21 | upward percentage change in the Consumer Price |
22 | Index immediately prior to the date the |
23 | adjustment is due to take effect. Distributions |
24 | to a municipality in accordance with this |
25 | subclause shall be deposited into a special fund |
26 | which shall be established by the municipality. |
27 | The governing body of the municipality shall have |
28 | the right to draw upon the special fund provided |
29 | that the municipality identifies the fund as the |
30 | source of the expenditure. Each municipality |
|
1 | shall annually submit a report to the Department |
2 | of Community and Economic Development detailing |
3 | the amount and purpose of each expenditure made |
4 | from the special account during the prior fiscal |
5 | year. |
6 | (II) Any funds not distributed under |
7 | subclause (I) shall be deposited into a |
8 | restricted account established in the Department |
9 | of Community and Economic Development to be used |
10 | exclusively for grants to the county, to economic |
11 | development authorities or redevelopment |
12 | authorities within the county for grants for |
13 | economic development projects, infrastructure |
14 | projects, job training, community improvement |
15 | projects, other projects in the public interest |
16 | and reasonable administrative costs. However, the |
17 | administrative costs shall not exceed 4% of the |
18 | gross terminal revenue received by the county of |
19 | the fourth class annually from the licensed |
20 | facility. Notwithstanding the provisions of the |
21 | act of February 9, 1999 (P.L.1, No.1), known as |
22 | the Capital Facilities Debt Enabling Act, grants |
23 | made under this clause may be utilized as local |
24 | matching funds for other grants or loans from the |
25 | Commonwealth. |
26 | * * * |
27 | (ii) If the licensed facility is a Category 1 |
28 | licensed facility and is located at a thoroughbred |
29 | racetrack and the county in which the licensed facility |
30 | is located is: |
|
1 | * * * |
2 | (D) A county of the third class: 1% of the |
3 | gross terminal revenue to the county hosting the |
4 | licensed facility from each such licensed facility. |
5 | An additional 1% of the gross terminal revenue to the |
6 | county hosting the licensed facility from each such |
7 | licensed facility for the purpose of municipal grants |
8 | within the county in which the licensee is located. |
9 | Where a licensed facility is located in a county of |
10 | the third class and owns land which is located in a |
11 | county of the fifth class that is owned by and |
12 | adjacent to the licensed facility and other areas |
13 | owned by the licensed facility, including racetracks, |
14 | grazing fields or any other adjoining real property, |
15 | the county of the fifth class shall receive a portion |
16 | of the gross terminal revenue distributed under this |
17 | clause in accordance with subparagraph (vi) as if |
18 | such land were part of the licensed facility. |
19 | * * * |
20 | (iv) If the facility is a Category 3 licensed | <-- |
21 | facility, 2% of the gross terminal revenue from each such |
22 | licensed facility shall be deposited into a restricted |
23 | account established in [the Department of Community and |
24 | Economic Development] the Commonwealth Financing |
25 | Authority to be used exclusively for grants [to the |
26 | county, to economic development authorities or |
27 | redevelopment authorities within the county for grants |
28 | for economic development projects and community |
29 | improvement projects] or guarantees for projects in the |
30 | host county that qualify under 64 Pa.C.S. §§ 1551 |
|
1 | (relating to Business And Our Sites Program), 1556 |
2 | (relating to Tax Increment Financing Guarantee Program) |
3 | and 1558 (relating to Water Supply and Waste Water |
4 | Infrastructure Program). |
5 | * * * |
6 | (3) From the local share assessment established in |
7 | subsection (b), make quarterly distributions among the |
8 | municipalities, including home rule municipalities, hosting a |
9 | licensed facility in accordance with the following schedule: |
10 | * * * |
11 | (v) To a township of the second class hosting a |
12 | licensed facility, other than a Category 3 licensed |
13 | facility, 2% of the gross terminal revenue or $10,000,000 |
14 | annually, whichever is greater, shall be paid by each |
15 | licensed gaming entity operating a licensed facility |
16 | located in the township, subject, however, to the |
17 | budgetary limitation in this subparagraph. The amount |
18 | allocated to the designated municipalities shall not |
19 | exceed 50% of their total budget for fiscal year |
20 | 2003-2004, adjusted for inflation in subsequent years by |
21 | an amount not to exceed an annual cost-of-living |
22 | adjustment calculated by applying the percentage change |
23 | in the Consumer Price Index immediately prior to the date |
24 | the adjustment is due to take effect. Any remaining money |
25 | shall be collected by the department from each licensed |
26 | gaming entity and distributed in accordance with |
27 | paragraph (2) based upon the classification of county |
28 | where the licensed facility is located. Where the |
29 | licensed facility is other than a Category 3 and is |
30 | located in more than one second class township, the |
|
1 | county commissioners of the county of the third class in |
2 | which the facility is located shall appoint an advisory |
3 | committee for the purpose of advising the county as to |
4 | the need for municipal grants for health, safety, |
5 | transportation and other projects in the public interest |
6 | to be comprised of two individuals from the host |
7 | municipality, two from contiguous municipalities within |
8 | the county of the third class and one from the host |
9 | county. Where the licensed facility is other than a |
10 | Category 3 and is located in a county of the third class |
11 | and owns land which is located in a township of the |
12 | second class that is located in a county of the fifth |
13 | class that is owned by and adjacent to the licensed |
14 | facility and other areas owned by the licensed facility, |
15 | including racetracks, grazing fields or any other |
16 | adjoining real property, the township of the second class |
17 | in the county of the fifth class shall receive a portion |
18 | of the gross terminal revenue distributed under this |
19 | subparagraph in accordance with subparagraph (x) as if |
20 | such land were part of the licensed facility. A county |
21 | other than a county of the third class in which the |
22 | licensed facility is located is not required to appoint |
23 | an advisory committee and may use funds received under |
24 | this subparagraph for purposes other than municipal |
25 | grants. In the event that the revenues generated by the |
26 | 2% do not meet the $10,000,000 minimum specified in this |
27 | subparagraph, the department shall collect the remainder |
28 | of the minimum amount of $10,000,000 from each licensed |
29 | gaming entity operating a licensed facility in the |
30 | township, pay any balance due to the township and |
|
1 | transfer any remainder in accordance with paragraph (2). |
2 | * * * |
3 | § 1405. Pennsylvania Race Horse Development Fund. |
4 | (a) Fund established.--There is hereby established a |
5 | Pennsylvania Race Horse Development Fund within the State |
6 | Treasury. |
7 | (b) Pennsylvania race horse improvement assessment.--[Each] | <-- |
8 | Except as provided in subsection (b.1), each active and | <-- |
9 | operating licensed gaming entity shall pay a daily assessment to |
10 | the Pennsylvania Race Horse Development Fund [as determined by |
11 | the department. Subject to the daily assessment cap established |
12 | under subsection (c), the licensed gaming entity's assessment |
13 | shall be a percentage of each licensed gaming entity's gross |
14 | terminal revenue, equal to an amount calculated as "A" |
15 | multiplied by "B", with "A" being] equal to 10% of each licensed |
16 | gaming entity's gross terminal revenue for that day [divided by |
17 | the total gross terminal revenue for that day from all licensed |
18 | gaming entities, and "B" being equal to 18% of that day's gross |
19 | terminal revenue for all active and operating Category 1 |
20 | licensees conducting live racing]. |
21 | (b.1) Daily assessment.--For fiscal years 2009-2010 through | <-- |
22 | 2012-2013, each active and operating licensed gaming entity |
23 | shall pay a daily assessment to the Pennsylvania Race Horse |
24 | Development Fund equal to 12% of each licensed gaming entity's |
25 | gross terminal revenue for that day. |
26 | [(c) Daily assessment cap.--If the resulting daily |
27 | assessment for a licensed gaming entity exceeds 12% of that |
28 | licensed gaming entity's gross terminal revenue for the day, the |
29 | licensed gaming entity shall pay a daily assessment of 12% of |
30 | its gross terminal revenue for that day.] |
|
1 | (d) Distributions.--In accordance with section 1406 |
2 | (relating to distributions from Pennsylvania Race Horse |
3 | Development Fund), the department shall make distributions from |
4 | the Pennsylvania Race Horse Development Fund to each of the |
5 | active and operating Category 1 licensees conducting live |
6 | racing. |
7 | (e) Report.--Category 1 licensees shall report annually to | <-- |
8 | the board and to the respective racing commission as to how the |
9 | introduction and expansion of enhanced gaming and distributions |
10 | from the fund have fulfilled the intent of this part to enhance |
11 | live racing and breeding in this Commonwealth. Additionally, the |
12 | licensees shall be required to document plans to promote live |
13 | handle and daily attendance at the racetrack in the subsequent |
14 | year. |
15 | § 1406. Distributions from Pennsylvania Race Horse Development |
16 | Fund. |
17 | (a) Distributions.--Funds from the Pennsylvania Race Horse |
18 | Development Fund shall be distributed to each active and |
19 | operating Category 1 licensee conducting live racing [in the |
20 | following manner] as follows: |
21 | (1) [An amount equal to 18% of the daily gross terminal |
22 | revenue of each Category 1 licensee shall be distributed to |
23 | each active and operating Category 1 licensee conducting live |
24 | racing unless the daily assessments are affected by the daily |
25 | assessment cap provided for in section 1405(c) (relating to |
26 | Pennsylvania Race Horse Development Fund). In cases in which |
27 | the daily assessment cap affects daily assessments, the] The | <-- |
28 | distribution to each active and operating Category 1 licensee |
29 | conducting live racing for that day shall be a percentage of |
30 | the total daily assessments paid into the Pennsylvania Race |
|
1 | Horse Development Fund for that day equal to the gross |
2 | terminal revenue of each active and operating Category 1 |
3 | licensee conducting live racing for that day divided by the |
4 | total gross terminal revenue of all active and operating |
5 | Category 1 licensees conducting live racing for that day. |
6 | [The] Except as provided in paragraph (2), the distributions | <-- |
7 | to licensed racing entities from the Pennsylvania Race Horse |
8 | Development Fund shall be allocated as follows: |
9 | [(i) Eighty percent] (i) (A) From licensees that | <-- |
10 | operate at thoroughbred tracks, 80% shall be deposited |
11 | weekly into a separate, interest-bearing purse account to |
12 | be established by and for the benefit of the horsemen. |
13 | The earned interest on the account shall be credited to |
14 | the purse account. Licensees shall combine these funds |
15 | with revenues from existing purse agreements to fund |
16 | purses for live races consistent with those agreements |
17 | with the advice and consent of the horsemen. |
18 | (B) From licensees that operate at standardbred | <-- |
19 | tracks, 64% shall be deposited weekly into a |
20 | separate, interest-bearing purse account to be |
21 | established by and for the benefit of the horsemen. |
22 | The earned interest on the account shall be credited |
23 | to the purse account. Licensees shall combine these |
24 | funds with revenues from existing purse agreements to |
25 | fund purses for live races consistent with those |
26 | agreements with the advice and consent of the |
27 | horsemen. A minimum of one-sixth of the amount of |
28 | those purses shall be used for live races limited to |
29 | harness horses that are regularly stabled in this |
30 | Commonwealth, are greater than three years of age and |
|
1 | were sired by a standardbred stallion regularly |
2 | standing in this Commonwealth. |
3 | (C) From licensees that operate at standardbred |
4 | tracks, 16% shall be deposited on a monthly basis |
5 | into the Pennsylvania Sire Stakes Fund as defined in |
6 | section 224 of the Race Horse Industry Reform Act. |
7 | (ii) For thoroughbred tracks, 16% shall be deposited |
8 | on a monthly basis into the Pennsylvania Breeding Fund as |
9 | defined in section 223 of the Race Horse Industry Reform |
10 | Act. For standardbred tracks, 8% shall be deposited on a |
11 | monthly basis in the Pennsylvania Sire Stakes Fund as |
12 | defined in section 224 of the Race Horse Industry Reform |
13 | Act, and 8% shall be deposited on a monthly basis into a |
14 | restricted account in the State Racing Fund to be known |
15 | as the Pennsylvania Standardbred Breeders Development |
16 | Fund. The State Harness Racing Commission shall, in |
17 | consultation with the Secretary of Agriculture by rule or |
18 | by regulation, adopt a standardbred breeders program that |
19 | will include the administration of Pennsylvania Stallion |
20 | Award, Pennsylvania Bred Award and a Pennsylvania Sired |
21 | and Bred Award. |
22 | (iii) Four percent shall be used to fund health and |
23 | pension benefits for the members of the horsemen's |
24 | organizations representing the owners and trainers at the |
25 | racetrack at which the licensed racing entity operates |
26 | for the benefit of the organization's members, their |
27 | families, employees and others in accordance with the |
28 | rules and eligibility requirements of the organization, |
29 | as approved by the State Horse Racing Commission or the |
30 | State Harness Racing Commission. This amount shall be |
|
1 | deposited within five business days of the end of each |
2 | month into a separate account to be established by each |
3 | respective horsemen's organization at a banking |
4 | institution of its choice. Of this amount, $250,000 shall |
5 | be paid annually by the horsemen's organization to the |
6 | thoroughbred jockeys or standardbred drivers organization |
7 | at the racetrack at which the licensed racing entity |
8 | operates for health insurance, life insurance or other |
9 | benefits to active and disabled thoroughbred jockeys or |
10 | standardbred drivers in accordance with the rules and |
11 | eligibility requirements of that organization. |
12 | (2) [(Reserved).] For fiscal years 2009-2010 through |
13 | 2012-2013, distributions to licensed racing entities from the | <-- |
14 | Pennsylvania Race Horse Development Fund shall be allocated |
15 | as follows: |
16 | (i) Seventeen percent of the annual revenue | <-- |
17 | deposited into the Pennsylvania Race Horse Development |
18 | Fund shall be transferred to the General Fund. The |
19 | remaining amount will be distributed as follows: |
20 | (A) Either 4%, or $11,000,000, whichever is |
21 | greater, shall be used to fund health and pension |
22 | benefits for the members of the horsemen's |
23 | organizations representing the owners and trainers at |
24 | the racetrack at which the licensed racing entity |
25 | operates for the benefit of the organization's |
26 | members, their families, employees and others in |
27 | accordance with the rules and eligibility |
28 | requirements of the organization, as approved by the |
29 | State Horse Racing Commission or the State Harness |
30 | Racing Commission. This amount shall be deposited |
|
1 | within five business days of the end of each month |
2 | into a separate account to be established by each |
3 | respective horsemen's organization at a banking |
4 | institution of its choice. Of this amount, a minimum |
5 | of $250,000 shall be paid annually by the horsemen's |
6 | organization to the thoroughbred jockeys or |
7 | standardbred drivers organization at the racetrack at |
8 | which the licensed racing entity operates for health |
9 | insurance, life insurance or other benefits to active |
10 | and disabled thoroughbred jockeys or standardbred |
11 | drivers in accordance with the rules and eligibility |
12 | requirements of that organization. |
13 | (B) The amount remaining after application of |
14 | clause (A) shall be distributed on a pro rata basis |
15 | as follows: |
16 | (I) Seventy-eight percent of the remaining |
17 | amount shall be deposited weekly into a separate, |
18 | interest-bearing purse account to be established |
19 | by and for the benefit of the horsemen. The |
20 | earned interest on the account shall be credited |
21 | to the purse account. Licensees shall combine |
22 | these funds with revenues from existing purse |
23 | agreements to fund purses for live races |
24 | consistent with those agreements with the advice |
25 | and consent of the horsemen. The State Horse |
26 | Racing Commission and the State Harness Racing |
27 | Commission, in consultation with the Secretary of |
28 | Agriculture, shall adopt rules and regulations |
29 | relating to the conditions of live races, to |
30 | include races restricting entry to the |
|
1 | Pennsylvania-sired or Pennsylvania-bred horse. |
2 | (II) For thoroughbred tracks, the remaining |
3 | 17% shall be deposited on a monthly basis into |
4 | the Pennsylvania Breeding Fund as defined in |
5 | section 223 of the act of December 17, 1981 |
6 | (P.L.435, No.135), known as the Race Horse |
7 | Industry Reform Act. For standardbred tracks, |
8 | one-half of that amount shall be deposited on a |
9 | monthly basis in the Pennsylvania Sire Stakes |
10 | Fund as defined in section 224 of the Race Horse |
11 | Industry Reform Act, and the other half shall be |
12 | deposited on a monthly basis into a restricted |
13 | account in the State Racing Fund to be known as |
14 | the Pennsylvania Standardbred Breeders |
15 | Development Fund. The State Harness Racing |
16 | Commission shall, in consultation with the |
17 | Secretary of Agriculture by rule or by |
18 | regulation, adopt a standardbred breeders program |
19 | that will include the administration of |
20 | Pennsylvania Stallion Award, Pennsylvania Bred |
21 | Award and a Pennsylvania Sired and Bred Award. |
22 | (III) Five percent shall be deposited weekly |
23 | into the State Racing Fund as defined in section |
24 | 222 of the Race Horse Industry Reform Act. |
25 | (ii) Category 1 licensees shall report annually to |
26 | the board and to the respective racing commission as to |
27 | how the introduction and expansion of enhanced gaming has |
28 | fulfilled the intent of this title to enhance live racing |
29 | and breeding in this Commonwealth. Additionally, the |
30 | licensees shall be required to document plans to promote |
|
1 | live handle and daily attendance at the racetrack in the |
2 | subsequent year. |
3 | (i) Each week, 17% of the money in the Pennsylvania | <-- |
4 | Race Horse Development Fund shall be transferred to the |
5 | General Fund. |
6 | (ii) Each week, 83% of the money in the Pennsylvania |
7 | Race Horse Development Fund shall be distributed to each |
8 | active and operating Category 1 licensee conducting live |
9 | racing in accordance with the following formula: |
10 | (A) Divide: |
11 | (I) the total daily assessments paid, by |
12 | each active and operating Category 1 licensee |
13 | conducting live racing, into the Pennsylvania |
14 | Race Horse Development Fund for that week; by |
15 | (II) the total daily assessments paid, by |
16 | all active and operating Category 1 licensees |
17 | conducting live racing, into the Pennsylvania |
18 | Race Horse Development Fund for that week. |
19 | (B) Multiply the quotient under clause (A) by |
20 | the amount to be distributed under this subparagraph. |
21 | (iii) The distribution under subparagraph (ii) shall |
22 | be allocated as follows: |
23 | (A) The greater of 4% of the amount to be |
24 | distributed under subparagraph (ii) or $220,000 shall |
25 | be used to fund health and pension benefits for the |
26 | members of the horsemen's organizations representing |
27 | the owners and trainers at the racetrack at which the |
28 | licensed racing entity operates for the benefit of |
29 | the organization's members, their families, employees |
30 | and others in accordance with the rules and |
|
1 | eligibility requirements of the organization, as |
2 | approved by the State Horse Racing Commission or the |
3 | State Harness Racing Commission. This amount shall be |
4 | deposited within five business days of the end of |
5 | each week into a separate account to be established |
6 | by each respective horsemen's organization at a |
7 | banking institution of its choice. Of this amount, a |
8 | minimum of $250,000 shall be paid annually by the |
9 | horsemen's organization to the thoroughbred jockeys |
10 | or standardbred drivers organization at the racetrack |
11 | at which the licensed racing entity operates for |
12 | health insurance, life insurance or other benefits to |
13 | active and disabled thoroughbred jockeys or |
14 | standardbred drivers in accordance with the rules and |
15 | eligibility requirements of that organization. |
16 | (B) Of the money remaining to be distributed |
17 | under subparagraph (ii) after application of clause |
18 | (A), the following disbursements shall be made: |
19 | (I) For licensees that operate at |
20 | thoroughbred tracks, eighty-three and one-third |
21 | percent of the money to be distributed under this |
22 | clause shall be deposited on a weekly basis into |
23 | a separate, interest-bearing purse account to be |
24 | established by and for the benefit of the |
25 | horsemen. The earned interest on the account |
26 | shall be credited to the purse account. Licensees |
27 | shall combine these funds with revenues from |
28 | existing purse agreements to fund purses for live |
29 | races consistent with those agreements with the |
30 | advice and consent of the horsemen. For licensees |
|
1 | that operate at standardbred tracks, 67 1/3% |
2 | shall be deposited weekly into a separate, |
3 | interest-bearing purse account to be established |
4 | by and for the benefit of the horsemen. The |
5 | earned interest on the account shall be credited |
6 | to the purse account. Licensees shall combine |
7 | these funds with revenues from existing purse |
8 | agreements to fund purses for live races |
9 | consistent with those agreements with the advice |
10 | and consent of the horsemen. A minimum of one- |
11 | sixth of the amount of those purses shall be used |
12 | for live races limited to harness horses that are |
13 | regularly stabled in this Commonwealth, are |
14 | greater than three years of age and were sired by |
15 | a standardbred stallion regularly standing in |
16 | this Commonwealth. From licensees that operate at |
17 | standardbred tracks, 16% shall be deposited on a |
18 | monthly basis into the Pennsylvania Sire Stakes |
19 | Fund as defined in section 224 of the Race Horse |
20 | Industry Reform Act. |
21 | (II) For thoroughbred tracks, 16 and 2/3% of |
22 | the money to be distributed under this clause |
23 | shall be deposited on a weekly basis into the |
24 | Pennsylvania Breeding Fund established in section |
25 | 223 of the act of December 17, 1981 (P.L.435, |
26 | No.135), known as the Race Horse Industry Reform |
27 | Act. For standardbred tracks, 8 and 1/3% of the |
28 | money to be distributed under this clause shall |
29 | be deposited on a weekly basis into the |
30 | Pennsylvania Sire Stakes Fund as defined in |
|
1 | section 224 of the Race Horse Industry Reform |
2 | Act; and 8 and 1/3% of the money to be |
3 | distributed under this clause shall be deposited |
4 | on a weekly basis into a restricted account in |
5 | the State Racing Fund to be known as the |
6 | Pennsylvania Standardbred Breeders Development |
7 | Fund. The State Harness Racing Commission shall, |
8 | in consultation with the Secretary of |
9 | Agriculture, promulgate regulations adopting a |
10 | standardbred breeders program that will include |
11 | the administration of the Pennsylvania Stallion |
12 | Award, the Pennsylvania Bred Award and the |
13 | Pennsylvania Sired and Bred Award. |
14 | * * * |
15 | (e) Filing of audit.--All horsemen's organizations that | <-- |
16 | receive funds under this section shall file annually with the |
17 | appropriate commission and the board an audit prepared by a | <-- |
18 | certified public accountant of all funds received. Such filings |
19 | shall be open to public review. The horsemen's organizations |
20 | shall maintain adequate records concerning receipt and |
21 | distribution of funds allocated to them. All distributions under |
22 | this section, except for those for health and pension benefits |
23 | for the members of horsemen's organizations, shall be suspended |
24 | for any horsemen's organization that has not filed an audit as |
25 | required under this subsection within six months of the end of |
26 | the horsemen's organization's fiscal year. Any such |
27 | distributions suspended are appropriated to the Department of |
28 | Agriculture. |
29 | * * * |
30 | Section 12. Section 1407 of Title 4 is amended by adding |
|
1 | subsections to read: |
2 | § 1407. Pennsylvania Gaming Economic Development and Tourism |
3 | Fund. |
4 | * * * |
5 | (e) Annual report.--The Office of the Budget in cooperation |
6 | with the Department of Community and Economic Development shall |
7 | submit an annual report of all distribution of funds under this |
8 | section to the chairman and minority chairman of the |
9 | Appropriations Committee of the Senate, the chairman and |
10 | minority chairman of the Community, Economic and Recreational |
11 | Development Committee of the Senate, the chairman and minority |
12 | chairman of the Appropriations Committee of the House of |
13 | Representatives and the chairman and minority chairman of the |
14 | Gaming Oversight Committee of the House of Representatives. The |
15 | report shall include detailed information relating to transfers |
16 | made from the Pennsylvania Gaming Economic Development and |
17 | Tourism Fund and all reimbursements, distributions and payments |
18 | made under subsection (b) or the act of July 25, 2007 (P.L.342, |
19 | No.53), known as Pennsylvania Gaming Economic Development and |
20 | Tourism Fund Capital Budget Itemization Act of 2007. The report |
21 | shall be submitted by January 31, 2010, and by January 31 of |
22 | each year thereafter. |
23 | (f) Local report.--A city of the first class, city of the |
24 | second class, county of the second class, convention center or |
25 | convention center authority, sports and exhibition authority of |
26 | a county of the second class, urban redevelopment authority, |
27 | airport authority or other entity that receives money from the |
28 | fund pursuant to an Economic Development Capital Budget under |
29 | subsection (b) or the act of July 25, 2007 (P.L.342, No.53), |
30 | known as Pennsylvania Gaming Economic Development and Tourism |
|
1 | Fund Capital Budget Itemization Act of 2007, shall submit an |
2 | annual report to the Office of the Budget, the chairman and |
3 | minority chairman of the Appropriations Committee of the Senate, |
4 | the chairman and minority chairman of the Community, Economic |
5 | and Recreational Development Committee of the Senate, the |
6 | chairman and minority chairman of the Appropriations Committee |
7 | of the House of Representatives and the chairman and the |
8 | minority chairman of the Gaming Oversight Committee of the House |
9 | of Representatives. The report shall include detailed |
10 | information, including records of expenditures, payments and |
11 | other distributions made from money received under subsection |
12 | (b). The initial report shall include information on all funds |
13 | received prior to January 31, 2010. The report shall be |
14 | submitted by January 31, 2010, and by January 31 of each year |
15 | thereafter until all funds under this section are distributed or |
16 | received. An entity that receives funds after the effective date |
17 | of this section shall submit an initial report by January 31 of |
18 | the year following receipt of the funds. |
19 | (g) Distribution to international airport.--Notwithstanding |
20 | the provisions of section 7(d) of the act of July 25, 2007 |
21 | (P.L.342, No.53), known as the Pennsylvania Gaming Economic |
22 | Development and Tourism Fund Capital Budget Itemization Act of |
23 | 2007, following the distribution of $42.5 million of funds |
24 | allocated to the county for debt service and economic |
25 | development projects for an international airport in a county of |
26 | the second class under section 3(2)(i)(E) of said act, all |
27 | remaining funds shall be distributed directly to an authority |
28 | that operates an international airport in a county of the second |
29 | class. |
30 | Section 13. Section 1408(a) and (c) of Title 4 are amended |
|
1 | and the section is amended by adding a subsection to read: |
2 | § 1408. Transfers from State Gaming Fund. |
3 | (a) Transfer for compulsive and problem gambling |
4 | treatment.--Each year, the sum of [$1,500,000] $2,000,000 | <-- |
5 | $4,000,000 or an amount equal to [.001] .002 .004 multiplied by | <-- |
6 | the total gross terminal revenue of all active and operating |
7 | licensed gaming entities, whichever is greater, shall be |
8 | transferred into the Compulsive and Problem Gambling Treatment |
9 | Fund established in section 1509 (relating to compulsive and |
10 | problem gambling program). |
11 | (a.1) Transfer from grant program.--No later than 60 days |
12 | after the effective date of this section and annually |
13 | thereafter, the board shall transfer or cause to be transferred |
14 | $3,000,000 from the grant program established in subsection (c) |
15 | to the Compulsive and Problem Gambling Treatment Fund |
16 | established under section 1509 (relating to compulsive and |
17 | problem gambling program) solely for the purposes of compulsive |
18 | and problem gambling and drug and alcohol assessment and |
19 | treatment. |
20 | * * * |
21 | (c) Local law enforcement grants.--Annually, the sum of |
22 | $5,000,000 shall be transferred to the board for the [purpose |
23 | of] purposes authorized in subsection (a.1) and for issuing |
24 | grants to local law enforcement agencies to enforce and prevent |
25 | [the unlawful operation of slot machines] all forms of unlawful |
26 | gambling in this Commonwealth. All sums transferred to the board | <-- |
27 | for the purpose of issuing grants for law enforcement purposes |
28 | which have not been distributed in grants to local law |
29 | enforcement agencies within 12 months of transfer to the board |
30 | and which have not been transferred under subsection (a.1) shall |
|
1 | be transferred to the Department of Agriculture for distribution |
2 | under section 5(1) of the act of July 8, 1986 (P.L.437, No.92), |
3 | known as the Pennsylvania Agricultural Fair Act, to eligible |
4 | county agricultural societies and other organizations which |
5 | conduct an annual agricultural fair. For purposes of this |
6 | subsection, the term "local law enforcement agency" shall |
7 | include Pennsylvania State Police activities in a municipality |
8 | which does not have a municipal police department for activities |
9 | in that municipality. |
10 | * * * |
11 | Section 13.1. Sections 1501(b) and (c), 1504 and 1505 of |
12 | Title 4 are amended to read: |
13 | § 1501. Responsibility and authority of department. |
14 | * * * |
15 | (b) Application of rules and regulations.--The department |
16 | may prescribe the extent, if any, to which any rules and |
17 | regulations shall be applied without retroactive effect. The |
18 | department shall have authority to prescribe the forms and the |
19 | system of accounting and recordkeeping to be employed and |
20 | through its representative shall at all times have power of |
21 | access to and examination and audit of any equipment and records |
22 | relating to all aspects of the operation of slot machines and |
23 | table games under this part. |
24 | (c) Procedure.--For purposes of implementing this part, the |
25 | department may promulgate regulations in the same manner in |
26 | which the board is authorized as provided in section 1203 |
27 | (relating to temporary regulations) and section 1303A (relating |
28 | to temporary table game regulations). |
29 | * * * |
30 | § 1504. Wagering on credit. |
|
1 | [Slot] Except as otherwise provided in section 1326A |
2 | (relating to wagering policies), slot machine licensees may not |
3 | extend credit. Slot machine licensees who do not hold a table |
4 | game operation certificate may not accept credit cards, charge |
5 | cards or debit cards from a player for the exchange or purchase |
6 | of slot machine credits or for an advance of coins or currency |
7 | to be utilized by a player to play slot machine games or extend |
8 | credit in any manner to a player so as to enable the player to |
9 | play slot machines. Slot machine licensees who hold a table game |
10 | operation certificate may extend credit for slot machine gaming |
11 | in accordance with section 1326A (relating to wagering |
12 | policies). |
13 | § 1505. No eminent domain authority. |
14 | Neither the Commonwealth nor any political subdivision |
15 | thereof shall have the right to acquire, with or without |
16 | compensation, through the power of eminent domain any property, |
17 | easement or land use right for the siting or construction of a |
18 | licensed facility [for the operation of slot machines by a slot |
19 | machine licensee]. |
20 | Section 13.2. Title 4 is amended by adding a section to | <-- |
21 | read: |
22 | 1507.1. Deteriorated property designations. |
23 | Real property wherein a licensed gaming facility is located |
24 | may not be designated as, included in or considered a |
25 | deteriorated property as defined in the act of December 1, 1977 |
26 | (P.L.237, No.76), known as the Local Economic Revitalization Tax |
27 | Assistance Act. |
28 | Section 13.2 13.3. Section 1509(b) and (c) of Title 4 are | <-- |
29 | amended and the section is amended by adding subsections to |
30 | read: |
|
1 | § 1509. Compulsive and problem gambling program. |
2 | * * * |
3 | (b) Compulsive and Problem Gambling Treatment Fund.--There |
4 | is hereby established in the State Treasury a special fund to be |
5 | known as the Compulsive and Problem Gambling Treatment Fund. All |
6 | moneys in the fund shall be expended for programs for the |
7 | prevention and treatment of gambling addiction and other |
8 | emotional and behavioral problems associated with or related to |
9 | gambling addiction and for the administration of the compulsive |
10 | and problem gambling program. Moneys in the fund shall be |
11 | expended for the programs set forth in subsection (d.1)(4)(i), |
12 | (ii), (iii) and (iv). The fund shall consist of money annually |
13 | allocated to it from the annual payment established under |
14 | section 1408 (relating to transfers from State Gaming Fund), |
15 | money which may be allocated by the board, interest earnings on |
16 | moneys in the fund and any other contributions, payments or |
17 | deposits which may be made to the fund. |
18 | (c) Notice of availability of assistance.-- | <-- |
19 | (1) Each slot machine licensee shall obtain a toll-free |
20 | telephone number to be used to provide persons with |
21 | information on assistance for compulsive or problem gambling. |
22 | Each licensee shall conspicuously post signs similar to the |
23 | following statement: |
24 | If you or someone you know has a gambling problem, help |
25 | is available. Call (Toll-free telephone number). |
26 | The signs must be posted within 50 feet of each entrance and |
27 | exit and within 50 feet of each automated teller machine |
28 | location within the licensed facility. |
29 | (2) Each racetrack where slot machines or table games |
30 | are operated shall print a statement on daily racing programs |
|
1 | provided to the general public that is similar to the |
2 | following: |
3 | If you or someone you know has a gambling problem, help |
4 | is available. Call (Toll-free telephone number). |
5 | (3) A licensed facility which fails to post or print the |
6 | warning sign in accordance with paragraph (1) or (2) shall be |
7 | assessed a fine of $1,000 a day for each day the sign is not |
8 | posted or printed as provided in this subsection. |
9 | (c) Notice of availability of assistance.-- | <-- |
10 | (1) Each slot machine licensee shall obtain a toll-free |
11 | telephone number to be used to provide persons with |
12 | information on assistance for compulsive or problem gambling. |
13 | Each licensee shall conspicuously post signs similar to the |
14 | following statement: |
15 | If you or someone you know has a gambling problem, help |
16 | is available. Call (Toll-free telephone number). |
17 | The signs must be posted within 50 feet of each entrance |
18 | and exit [and], within 50 feet of each automated teller |
19 | machine location and a minimum of 20 signs must be posted |
20 | within the licensed facility. |
21 | (2) Each racetrack where slot machines are operated |
22 | shall print a statement on daily racing programs provided to |
23 | the general public that is similar to the following: |
24 | If you or someone you know has a gambling problem, help |
25 | is available. Call (Toll-free telephone number). |
26 | (3) A licensed facility which fails to post or print the |
27 | warning sign in accordance with paragraph (1) or (2) shall be |
28 | assessed a fine of $1,000 a day for each day the sign is not |
29 | posted or printed as provided in this subsection. |
30 | * * * |
|
1 | (d.1) Addiction treatment and assessment.-- |
2 | (1) The General Assembly recognizes that the expansion |
3 | of casino-styling gaming in this Commonwealth requires an |
4 | enhanced awareness of compulsive and problem gambling and the |
5 | need to develop and implement effective strategies for |
6 | prevention, assessment and treatment of this behavioral |
7 | disorder. The General Assembly further recognizes that, |
8 | according to research, compulsive and problem gambling may |
9 | overlap with drug and/or alcohol addiction. Therefore, it is |
10 | the intent of the General Assembly to establish an approach |
11 | to compulsive and problem gambling prevention, assessment and |
12 | treatment that will ensure the provision of adequate |
13 | resources to identify, assess and treat compulsive and |
14 | problem gambling and drug and/or alcohol addiction. |
15 | (2) The sum of $3,000,000 shall be annually transferred |
16 | from the Compulsive and Problem Gambling Treatment Fund to |
17 | the Department of Health for allocation to the single county |
18 | authorities. The moneys so transferred and allocated shall be |
19 | used by the single county authorities for compulsive and |
20 | problem gambling and associated drug and/or alcohol addiction |
21 | assessments and for the related addiction treatment in |
22 | nonhospital residential detoxification facilities, |
23 | nonhospital residential rehabilitation facilities and halfway |
24 | houses licensed by the Department of Health to provide |
25 | addiction treatment services. Financial counseling may be a |
26 | required component of treatment, whether it is provided |
27 | directly by the treatment service provider or subcontracted |
28 | to a third party. No moneys authorized to be transferred |
29 | under this subsection shall be utilized to supplant other |
30 | funding for the treatment of drug and/or alcohol addiction. |
|
1 | After one year, the board shall commission a study of the | <-- |
2 | impact of the Compulsive and Problem Gambling Treatment Fund |
3 | in areas where gambling was expanded. The commission shall |
4 | produce a report that includes data on race, gender, |
5 | geography and income and a recommendation of whether the |
6 | fund's appropriation should be increased to a sum up to |
7 | $5,000,000. |
8 | (3) Eligibility to receive treatment services for |
9 | treatment of compulsive and problem gambling, and drug and/or |
10 | alcohol addiction associated or related to compulsive and |
11 | problem gambling under paragraph (1), shall be determined |
12 | using financial eligibility and other requirements of the |
13 | single county authorities as approved by the Department of |
14 | Health. |
15 | (4) Within 60 days of the effective date of this |
16 | subsection, the Department of Health's Bureau of Drug and |
17 | Alcohol Programs and the board's Office of Compulsive and |
18 | Problem Gambling shall collaborate with providers and other |
19 | persons or entities with expertise in the field of compulsive |
20 | and problem gambling to: |
21 | (i) Develop and implement a strategic plan for the |
22 | prevention and treatment of compulsive and problem |
23 | gambling and associated behavior disorders, including |
24 | drug and/or alcohol addictions. |
25 | (ii) Adopt compulsive and problem gambling treatment |
26 | standards to be integrated with the Bureau of Drug and |
27 | Alcohol Program's uniform Statewide guidelines that |
28 | govern the provision of addiction treatment services. The |
29 | standards may provide criteria for the certification of |
30 | compulsive and problem gambling counselors. |
|
1 | (iii) Develop, in collaboration with the appropriate |
2 | State agencies, a method to link compulsive and problem |
3 | gambling data collection and referral information to |
4 | crisis response hotlines and youth and domestic violence |
5 | programs or providers. |
6 | (iv) Collaborate with the Department of Health, the |
7 | Department of Aging and other appropriate offices and |
8 | agencies of State or local government and persons and |
9 | entities, public or private, with expertise in compulsive |
10 | and problem gambling treatment to educate youth and older |
11 | Pennsylvanians through prevention training and materials |
12 | regarding the prevention, recognition and treatment of |
13 | compulsive and problem gambling problems. The Bureau of |
14 | Drug and Alcohol Programs and the board's Office of |
15 | Compulsive and Problem Gambling shall work with the |
16 | identified agencies and other agencies and entities to |
17 | develop demographic-specific compulsive and problem |
18 | gambling prevention, intervention and treatment programs. |
19 | (d.2) Report.--Beginning October 1, 2010, and every October |
20 | 1 thereafter, the Bureau of Drug and Alcohol Programs and the |
21 | board's Office of Compulsive and Problem Gambling shall jointly |
22 | submit an annual report to the Governor and the General Assembly |
23 | reporting data and progress on and activities initiated to |
24 | facilitate the development and implementation of the strategic |
25 | plan for the prevention and treatment of compulsive and problem |
26 | gambling and associated behavior disorders and addictions and |
27 | the other requirements of this section. |
28 | * * * |
29 | Section 13.3 13.4. Sections 1510(a), 1511(b) and 1512(a.1), | <-- |
30 | (a.5) and (b) of Title 4 are amended to read: |
|
1 | § 1510. Labor hiring preferences. |
2 | (a) Category 1, 2, and 3 licensed facilities, generally.-- |
3 | Each licensed gaming entity shall prepare a hiring plan for |
4 | employees of its respective licensed facility which promotes a |
5 | diverse work force, minority participation and personnel from |
6 | within the surrounding geographical area. The hiring plan shall |
7 | be approved by the board and shall be consistent with the goals |
8 | outlined in sections 1212 (relating to diversity goals of board) |
9 | and 1304A (relating to Commonwealth resident employment goals). |
10 | * * * |
11 | § 1511. Declaration of exemption from Federal laws prohibiting |
12 | slot machines. |
13 | * * * |
14 | (b) Legal shipments.--All shipments of [slot machines] |
15 | gambling devices, as defined in section 1 of the Gambling |
16 | Devices Transportation Act (64 Stat. 1134, 15 U.S.C. § 1171), |
17 | into this Commonwealth, the registering, recording and labeling |
18 | of which has been effected by the manufacturer and supplier of |
19 | those devices, in accordance with sections [5 and 7] 3 and 4 of |
20 | the Gambling Devices Transportation Act (64 Stat. 1134, 15 |
21 | U.S.C. §§ [1175 and 1177] 1173 and 1174), shall be deemed legal |
22 | shipments of [slot machines] gambling devices into this |
23 | Commonwealth. |
24 | § 1512. Financial and employment interests. |
25 | * * * |
26 | (a.1) Employment.--Except as may be provided by rule or |
27 | order of the Pennsylvania Supreme Court and except as provided |
28 | in section 1512.1 (relating to additional restrictions), no |
29 | executive-level public employee, public official or party |
30 | officer, or an immediate family member thereof, shall be |
|
1 | employed by an applicant or a slot machine licensee, |
2 | manufacturer licensee, supplier licensee or licensed racing |
3 | entity, or by any holding company, affiliate, intermediary or |
4 | subsidiary thereof, while the individual is an executive-level |
5 | public employee, public official or party officer and for one |
6 | year following termination of the individual's status as an |
7 | executive-level public employee, public official or party |
8 | officer. |
9 | * * * |
10 | (a.5) State Ethics Commission.--The State Ethics Commission |
11 | shall publish a list of all State, county, municipal and other |
12 | government positions that meet the definitions of "public |
13 | official" as defined under subsection (b) or "executive-level |
14 | public employee" [under subsection (b)] and a list of |
15 | individuals subject to section 1512.1. The Office of |
16 | Administration shall assist the [Ethics Commission] commission |
17 | in the development of the list, which shall be published in the |
18 | Pennsylvania Bulletin biennially and on the board's website. |
19 | Upon request, each public official shall have a duty to provide |
20 | the [Ethics Commission] commission with adequate information to |
21 | accurately develop and maintain the list. The [Ethics |
22 | Commission] commission may impose a civil penalty under 65 |
23 | Pa.C.S. § 1109(f) (relating to penalties) upon any individual, |
24 | including any public official or executive-level public employee |
25 | who fails to cooperate with the [Ethics Commission] commission |
26 | under this subsection. An individual who relies in good faith on |
27 | the list published by the commission shall not be subject to any |
28 | penalty for a violation of this section. |
29 | (b) Definitions.--As used in this section, the following |
30 | words and phrases shall have the meanings given to them in this |
|
1 | subsection: |
2 | ["Executive-level public employee." The term shall include |
3 | the following: |
4 | (1) Deputy Secretaries of the Commonwealth and the |
5 | Governor's Office executive staff. |
6 | (2) An employee of the Executive Branch with |
7 | discretionary power which may affect or influence the outcome |
8 | of a State agency's action or decision and who is involved in |
9 | the development of regulations or policies relating to a |
10 | licensed entity or who is involved in other matters under |
11 | this part. The term shall include an employee with law |
12 | enforcement authority. |
13 | (3) An employee of a county or municipality with |
14 | discretionary powers which may affect or influence the |
15 | outcome of the county's or municipality's action or decision |
16 | and who is involved in the development of law, regulation or |
17 | policy relating to a licensed entity or who is involved in |
18 | other matters under this part. The term shall include an |
19 | employee with law enforcement authority. |
20 | (4) An employee of a department, agency, board, |
21 | commission, authority or other governmental body not included |
22 | in paragraph (1), (2) or (3) with discretionary power which |
23 | may affect or influence the outcome of the governmental |
24 | body's action or decision and who is involved in the |
25 | development of regulation or policy relating to a licensed |
26 | entity or who is involved in other matters under this part. |
27 | The term shall include an employee with law enforcement |
28 | authority.] |
29 | "Financial interest." Owning or holding, or being deemed to |
30 | hold, debt or equity securities or other ownership interest or |
|
1 | profits interest. A financial interest shall not include any |
2 | debt or equity security, or other ownership interest or profits |
3 | interest, which is held or deemed to be held in any of the |
4 | following: |
5 | (1) A blind trust over which the executive-level public |
6 | employee, public official, party officer or immediate family |
7 | member thereof may not exercise any managerial control or |
8 | receive income during the tenure of office and the period |
9 | under subsection (a). The provisions of this paragraph shall |
10 | apply only to blind trusts established prior to the effective |
11 | date of this paragraph. |
12 | (2) Securities that are held in a pension plan, profit- |
13 | sharing plan, individual retirement account, tax-sheltered |
14 | annuity, a plan established pursuant to section 457 of the |
15 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
16 | 1 et seq.) or any successor provision deferred compensation |
17 | plan whether qualified or not qualified under the Internal |
18 | Revenue Code of 1986 or any successor provision or other |
19 | retirement plan that: |
20 | (i) is not self-directed by the individual; and |
21 | (ii) is advised by an independent investment adviser |
22 | who has sole authority to make investment decisions with |
23 | respect to contributions made by the individual to these |
24 | plans. |
25 | (3) A tuition account plan organized and operated |
26 | pursuant to section 529 of the Internal Revenue Code of 1986 |
27 | (Public Law 99-514, 26 U.S.C. § 529) that is not self- |
28 | directed by the individual. |
29 | (4) A mutual fund where the interest owned by the mutual |
30 | fund in a licensed entity does not constitute a controlling |
|
1 | interest as defined in this part. |
2 | "Immediate family." A spouse, minor child or unemancipated |
3 | child. |
4 | "Law enforcement authority." The power to conduct |
5 | investigations of or to make arrests for criminal offenses. |
6 | "Party officer." A member of a national committee; a |
7 | chairman, vice chairman, secretary, treasurer or counsel of a |
8 | State committee or member of the executive committee of a State |
9 | committee; a county chairman, vice chairman, counsel, secretary |
10 | or treasurer of a county committee in which a licensed facility |
11 | is located; or a city chairman, vice chairman, counsel, |
12 | secretary or treasurer of a city committee of a city in which a |
13 | licensed facility is located. |
14 | "Public official." The term shall include the following: |
15 | (1) The Governor, Lieutenant Governor, a member of the |
16 | Governor's cabinet, Treasurer, Auditor General and Attorney |
17 | General of the Commonwealth. |
18 | (2) A member of the Senate or House of Representatives |
19 | of the Commonwealth. |
20 | (3) An individual elected or appointed to any office of |
21 | a county or municipality that directly receives a |
22 | distribution of revenue under this part. |
23 | (4) An individual elected or appointed to a department, |
24 | agency, board, commission, authority or other governmental |
25 | body not included in paragraph (1), (2) or (3) that directly |
26 | receives a distribution of revenue under this part. |
27 | (5) An individual elected or appointed to a department, |
28 | agency, board, commission, authority, county, municipality or |
29 | other governmental body not included in paragraph (1), (2) or |
30 | (3) with discretionary power which may influence or affect |
|
1 | the outcome of an action or decision and who is involved in |
2 | the development of regulation or policy relating to a |
3 | licensed entity or who is involved in other matters under |
4 | this part. |
5 | The term does not include a member of a school board or an |
6 | individual who held an uncompensated office with a governmental |
7 | body prior to January 1, 2006, and who no longer holds the |
8 | office as of January 1, 2006. The term includes a member of an |
9 | advisory board or commission which makes recommendations |
10 | relating to a licensed facility. |
11 | Section 14. Title 4 is amended by adding a section to read: |
12 | § 1512.1. Additional restrictions. |
13 | (a) Restrictions.--An individual member of the Pennsylvania |
14 | State Police or employee of the Office of Attorney General, |
15 | Office of the Auditor General or department whose duties |
16 | substantially involve licensing or enforcement, the development |
17 | of laws, regulations or policy or who has other discretionary |
18 | authority which may affect the gaming industry in this |
19 | Commonwealth under this part shall not do any of the following: |
20 | (1) Accept employment with an applicant or licensed |
21 | entity, or an affiliate, intermediary, subsidiary or holding |
22 | company thereof, for a period of two years after the |
23 | termination of the employment relating to the conduct of |
24 | gaming. |
25 | (2) Appear before the board in any hearing or proceeding |
26 | or participate in any other activity on behalf of any |
27 | applicant, licensee, permittee or licensed entity, or an |
28 | affiliate, intermediary, subsidiary or holding company |
29 | thereof, for a period of two years after termination of the |
30 | employment. Nothing shall prevent a current or former trooper |
|
1 | or employee subject to this section from appearing in any |
2 | proceeding as a witness where the employee is being called to |
3 | testify concerning any fact or information obtained during |
4 | the course of employment or related to the performance of |
5 | duties while so employed. |
6 | (3) As a condition of employment, an individual subject |
7 | to this paragraph shall sign an affidavit that the individual |
8 | will not accept employment with or be retained by any |
9 | applicant, licensed entity or an affiliate, intermediary, |
10 | subsidiary or holding company thereof for a period of two |
11 | years from the termination of employment. |
12 | (b) Employment or retention.--An applicant or licensed |
13 | entity or an affiliate, intermediary, subsidiary or holding |
14 | company thereof shall not employ or retain an individual who |
15 | signed an affidavit required by this subsection. An applicant or |
16 | licensed entity or an affiliate, intermediary, subsidiary or |
17 | holding company that knowingly employs or retains an individual |
18 | in violation of this subsection shall be subject to a penalty |
19 | under section 1518(c) (relating to prohibited acts; penalties). |
20 | (c) Violation.--If an employee or independent contractor of |
21 | the board violates any provision of this section, the employing |
22 | agency or department may, upon notice and hearing, terminate the |
23 | employment, and the person shall be ineligible for future |
24 | employment with the agency or department and shall be prohibited |
25 | from applying for a license or permit, becoming an independent |
26 | contractor or registering as a licensed entity representative |
27 | for a period of five years from the date of termination of the |
28 | employment or contract. |
29 | (d) Code of conduct.--The Pennsylvania State Police, |
30 | Attorney General, Auditor General and department shall adopt a |
|
1 | comprehensive code of conduct which shall supplement all other |
2 | requirements under this part and 65 Pa.C.S. Pt. II (relating to |
3 | accountability), as applicable, and shall provide guidelines |
4 | applicable to members, employees and any independent contractors |
5 | of the agency, department or office whose duties involve the |
6 | enforcement or regulation of gaming under this part and the |
7 | immediate families of these members, as defined in section |
8 | 1202.1(e) (relating to code of conduct), employees and |
9 | independent contractors to enable them to avoid any perceived or |
10 | actual conflict of interest and to promote public confidence in |
11 | the integrity and impartiality of gaming enforcement and |
12 | regulation. At a minimum, the code of conduct adopted under this |
13 | section shall include the restrictions applicable to the board |
14 | under section 1202.1(c), except that the restrictions under |
15 | section 1202.1(c)(5) shall not apply to an elected Attorney |
16 | General or Auditor General. |
17 | Section 14.1. Sections 1513(c) and 1514(b), (f), (g) and (h) | <-- |
18 | of Title 4 are amended to read: |
19 | § 1513. Political influence. |
20 | * * * |
21 | (c) Penalties.--The first violation of this section by a |
22 | licensed gaming entity or any person that holds a controlling |
23 | interest in such gaming entity, or a subsidiary company thereof, |
24 | and any officer, director or management-level employee of such |
25 | licensee shall be punishable by a fine of not less than an |
26 | average single day's gross terminal revenue of the licensed |
27 | gaming entity derived from the operation of slot machines and |
28 | gross table game revenue from the operation of table games in |
29 | this Commonwealth; a second violation of this section, within |
30 | five years of the first violation, shall be punishable by at |
|
1 | least a one-day suspension of the license held by the licensed |
2 | gaming entity and a fine not less than an average two days' |
3 | gross revenue of the licensed gaming entity; a third violation |
4 | of this section within five years of the second violation shall |
5 | be punishable by the immediate revocation of the license held by |
6 | the licensed gaming entity. The first violation of this section |
7 | by a manufacturer or supplier licensed pursuant to this part or |
8 | by any person that holds a controlling interest in such |
9 | manufacturer or supplier, or a subsidiary company thereof, and |
10 | any officer, director or management-level employee of such a |
11 | licensee shall be punishable by a fine of not less than one |
12 | day's average of the gross profit from sales made by the |
13 | manufacturer or supplier in Pennsylvania during the preceding |
14 | 12-month period or portion thereof in the event the manufacturer |
15 | or supplier has not operated in Pennsylvania for 12 months; a |
16 | second violation of this section within five years of the first |
17 | violation shall be punishable by a one-month suspension of the |
18 | license held by the manufacturer or supplier and a fine of not |
19 | less than two times one day's average of the gross profit from |
20 | sales made by the manufacturer or supplier in Pennsylvania |
21 | during the preceding 12-month period or portion thereof in the |
22 | event the manufacturer or supplier has not operated in |
23 | Pennsylvania for 12 months. In no event shall the fine imposed |
24 | under this section be in an amount less than $50,000 for each |
25 | violation. In addition to any fine or sanction that may be |
26 | imposed by the board, any person who makes a contribution in |
27 | violation of this section commits a misdemeanor of the third |
28 | degree. |
29 | * * * |
30 | Section 14.1. Section 1513 of Title 4 is reenacted and | <-- |
|
1 | amended to read: |
2 | § 1513. Political influence. |
3 | (a) Contribution restriction.--The following persons shall |
4 | be prohibited from contributing any money or in-kind |
5 | contribution to a candidate for nomination or election to any |
6 | public office in this Commonwealth, or to any political party |
7 | committee or other political committee in this Commonwealth or |
8 | to any group, committee or association organized in support of a |
9 | candidate, political party committee or other political |
10 | committee in this Commonwealth: |
11 | (1) An applicant for a slot machine license, |
12 | manufacturer license, supplier license, principal license, |
13 | key employee license or horse or harness racing license. |
14 | (2) A slot machine licensee, licensed manufacturer, |
15 | licensed supplier or licensed racing entity. |
16 | (3) A licensed principal or licensed key employee of a |
17 | slot machine licensee, licensed manufacturer, licensed |
18 | supplier or licensed racing entity. |
19 | (4) An affiliate, intermediary, subsidiary or holding |
20 | company of a slot machine licensee, licensed manufacturer, |
21 | licensed supplier or licensed racing entity. |
22 | (5) A licensed principal or licensed key employee of an |
23 | affiliate, intermediary, subsidiary or holding company of a |
24 | slot machine licensee, licensed manufacturer, licensed |
25 | supplier or licensed racing entity. |
26 | (6) A person who holds a similar gaming license in |
27 | another jurisdiction and the affiliates, intermediaries, |
28 | subsidiaries, holding companies, principals or key employees |
29 | thereof. |
30 | (a.1) Contributions to certain associations and |
|
1 | organizations barred.--The individuals prohibited from making |
2 | political contributions under subsection (a) shall not make a |
3 | political contribution of money or an in-kind contribution to |
4 | any association or organization, including a nonprofit |
5 | organization, that has been solicited by, or knowing that the |
6 | contribution or a portion thereof will be contributed to, the |
7 | elected official, executive-level public employee or candidate |
8 | for nomination or election to a public office in this |
9 | Commonwealth. |
10 | (a.2) Internet website.-- |
11 | (1) The board shall establish an Internet website that |
12 | includes a list of all applicants for and holders of a slot |
13 | machine license, manufacturer license, supplier license or |
14 | racing entity license, and the affiliates, intermediaries, |
15 | subsidiaries, holding companies, principals and key employees |
16 | thereof, all persons holding a similar gaming license in |
17 | another jurisdiction, and the affiliates, intermediaries, |
18 | subsidiaries, holding companies, principals and key employees |
19 | thereof, and any other entity in which the applicant or |
20 | licensee has any debt or equity security or other ownership |
21 | or profits interest. An applicant or licensee shall notify |
22 | the board within seven days of the discovery of any change in |
23 | or addition to the information. The list shall be published |
24 | semiannually in the Pennsylvania Bulletin. |
25 | (2) An individual who acts in good faith and in reliance |
26 | on the information on the Internet website shall not be |
27 | subject to any penalties or liability imposed for a violation |
28 | of this section. |
29 | (3) The board shall request the information required |
30 | under paragraph (1) from persons licensed in another |
|
1 | jurisdiction who do not hold a license in this Commonwealth |
2 | and from regulatory agencies in the other jurisdiction. If a |
3 | licensee in another jurisdiction refuses to provide the |
4 | information required under paragraph (1), the person and its |
5 | officers, directors or persons with a controlling interest |
6 | shall be ineligible to receive any license under this part. |
7 | (b) Annual certification.--The chief executive officer, or |
8 | other appropriate individual, of each applicant for a slot |
9 | machine license, manufacturer license or supplier license, |
10 | licensed racing entity, licensed supplier, licensed manufacturer |
11 | or licensed gaming entity shall annually certify under oath to |
12 | the board and the Department of State that such applicant or |
13 | licensed racing entity, licensed supplier, licensed manufacturer |
14 | or licensed gaming entity has developed and implemented internal |
15 | safeguards and policies intended to prevent a violation of this |
16 | provision and that such applicant or licensed racing entity or |
17 | licensed gaming entity has conducted a good faith investigation |
18 | that has not revealed any violation of this provision during the |
19 | past year. |
20 | (c) Penalties.--The first violation of this section by a |
21 | licensed gaming entity or any person that holds a controlling |
22 | interest in such gaming entity, or a subsidiary company thereof, |
23 | and any officer, director or management-level employee of such |
24 | licensee shall be punishable by a fine of not less than an |
25 | average single day's gross terminal revenue of the licensed |
26 | gaming entity derived from the operation of slot machines and |
27 | gross table game revenue from the operation of table games in |
28 | this Commonwealth; a second violation of this section, within |
29 | five years of the first violation, shall be punishable by at |
30 | least a one-day suspension of the license held by the licensed |
|
1 | gaming entity and a fine not less than an average two days' |
2 | gross revenue of the licensed gaming entity; a third violation |
3 | of this section within five years of the second violation shall |
4 | be punishable by the immediate revocation of the license held by |
5 | the licensed gaming entity. The first violation of this section |
6 | by a manufacturer or supplier licensed pursuant to this part or |
7 | by any person that holds a controlling interest in such |
8 | manufacturer or supplier, or a subsidiary company thereof, and |
9 | any officer, director or management-level employee of such a |
10 | licensee shall be punishable by a fine of not less than one |
11 | day's average of the gross profit from sales made by the |
12 | manufacturer or supplier in Pennsylvania during the preceding |
13 | 12-month period or portion thereof in the event the manufacturer |
14 | or supplier has not operated in Pennsylvania for 12 months; a |
15 | second violation of this section within five years of the first |
16 | violation shall be punishable by a one-month suspension of the |
17 | license held by the manufacturer or supplier and a fine of not |
18 | less than two times one day's average of the gross profit from |
19 | sales made by the manufacturer or supplier in Pennsylvania |
20 | during the preceding 12-month period or portion thereof in the |
21 | event the manufacturer or supplier has not operated in |
22 | Pennsylvania for 12 months. In no event shall the fine imposed |
23 | under this section be in an amount less than $50,000 for each |
24 | violation. In addition to any fine or sanction that may be |
25 | imposed by the board, any person who makes a contribution in |
26 | violation of this section commits a misdemeanor of the third |
27 | degree. |
28 | (d) Definitions.--As used in this section, the following |
29 | words and phrases shall have the meanings given to them in this |
30 | subsection: |
|
1 | "Contribution." Any payment, gift, subscription, assessment, |
2 | contract, payment for services, dues, loan, forbearance, advance |
3 | or deposit of money or any valuable thing made to a candidate or |
4 | political committee for the purpose of influencing any election |
5 | in this Commonwealth or for paying debts incurred by or for a |
6 | candidate or committee before or after any election. The term |
7 | shall include the purchase of tickets for events including |
8 | dinners, luncheons, rallies and other fundraising events; the |
9 | granting of discounts or rebates not available to the general |
10 | public; or the granting of discounts or rebates by television |
11 | and radio stations and newspapers not extended on an equal basis |
12 | to all candidates for the same office; and any payments provided |
13 | for the benefit of any candidate, including payments for the |
14 | services of a person serving as an agent of a candidate or |
15 | committee by a person other than the candidate or committee or |
16 | person whose expenditures the candidate or committee must |
17 | report. The term also includes any receipt or use of anything of |
18 | value received by a political committee from another political |
19 | committee and also includes any return on investments by a |
20 | political committee. |
21 | "Political committee." Any committee, club, association or |
22 | other group of persons which receives contributions or makes |
23 | expenditures. |
24 | Section 14.2. Section 1514(b), (f), (g) and (h) of Title 4 |
25 | are amended to read: |
26 | § 1514. Regulation requiring exclusion of certain persons. |
27 | * * * |
28 | (b) Categories to be defined.--The board shall promulgate |
29 | definitions establishing those categories of persons who shall |
30 | be excluded pursuant to this section, including cheats and |
|
1 | persons whose privileges for licensure, certification, permit or |
2 | registration have been revoked. |
3 | * * * |
4 | (f) Notice.--Whenever the [board places] bureau seeks to |
5 | place the name of any person on a list pursuant to this section, |
6 | the [board] bureau shall serve notice of this fact to such |
7 | person by personal service or certified mail at the last known |
8 | address of the person. The notice shall inform the individual of |
9 | the right to request a hearing under subsection (g). |
10 | (g) Hearing.--Within 30 days after receipt of notice in |
11 | accordance with subsection (f), the person named for exclusion |
12 | or ejection may demand a hearing before the board, at which |
13 | hearing the [board] bureau shall have the affirmative obligation |
14 | to demonstrate that the person named for exclusion or ejection |
15 | satisfies the criteria for exclusion established by this section |
16 | and the board's regulations. Failure of the person to demand a |
17 | hearing within 30 days after service shall be deemed an |
18 | admission of all matters and facts alleged in the [board's] |
19 | bureau's notice and shall preclude [a] the person from having an |
20 | administrative hearing, but shall in no way affect the right to |
21 | judicial review as provided in this section. |
22 | (h) Review.--If, upon completion of a hearing on the notice |
23 | of exclusion or ejection, the board determines that placement of |
24 | the name of the person on the exclusion list is appropriate, the |
25 | board shall make and enter an order to that effect, which order |
26 | shall be served on all [slot machine licensees] licensed gaming |
27 | entities. The order shall be subject to review by the |
28 | Commonwealth Court in accordance with the rules of court. |
29 | Section 14.2. Title 4 is amended by adding a section to |
30 | read: |
|
1 | § 1516.1. Prosecutorial and adjudicatory functions. |
2 | The board shall adopt regulations and procedures necessary to |
3 | ensure that the Bureau of Investigations and Enforcement is a |
4 | distinct entity and to prevent commingling of the investigatory |
5 | and prosecutorial functions of the Bureau of Investigations and |
6 | Enforcement under section 1517 (relating to investigations and |
7 | enforcement) and the adjudicatory functions of the board. |
8 | Regulations and procedures under this section shall do all of | <-- |
9 | the following: |
10 | (1) Provide that the executive director and the chief |
11 | counsel of the board shall not direct or limit the scope of a |
12 | background investigation conducted by the bureau. |
13 | (2) Incorporate subsection (c.1), on prohibitions, of |
14 | section 1202.1(c.1) (relating to code of conduct) and any |
15 | other applicable provisions of section 1202.1. |
16 | Section 15. Section 1517(a.1)(6), (b)(1), (c)(12) and (e)(1) |
17 | of Title 4 are amended, subsection (a.2)(1) is amended by adding |
18 | a subparagraph and subsection (c) is amended by adding a | <-- |
19 | paragraph paragraphs to read: | <-- |
20 | § 1517. Investigations and enforcement. |
21 | * * * |
22 | (a.1) Powers and duties of bureau.--The Bureau of |
23 | Investigations and Enforcement shall have the following powers |
24 | and duties: |
25 | * * * |
26 | (6) Conduct [audits] reviews of a licensed entity as |
27 | necessary to ensure compliance with this part. [An audit] A |
28 | review may include the review of accounting, administrative |
29 | and financial records, management control systems, procedures |
30 | and other records utilized by a licensed entity. |
|
1 | * * * |
2 | (a.2) Office of Enforcement Counsel.-- |
3 | (1) There is established within the bureau an Office of |
4 | Enforcement Counsel which shall act as the prosecutor in all |
5 | noncriminal enforcement actions initiated by the bureau under |
6 | this part and shall have the following powers and duties: |
7 | * * * |
8 | (iv) Petition the board for the appointment of a |
9 | trustee under section 1332 (relating to appointment of |
10 | trustee). |
11 | * * * |
12 | (b) Powers and duties of department.-- |
13 | (1) The department shall at all times have the power of |
14 | access to examination and audit of any equipment and records |
15 | relating to all aspects of the operation of slot machines or |
16 | table games under this part. |
17 | * * * |
18 | (c) Powers and duties of the Pennsylvania State Police.--The |
19 | Pennsylvania State Police shall have the following powers and |
20 | duties: |
21 | * * * |
22 | (1.1) Promptly conduct a background investigation on an | <-- |
23 | individual selected by the board to fill the position of |
24 | executive director of the board, director of the bureau, |
25 | chief counsel of the board or the director of the Office of |
26 | Enforcement Counsel and submit the results to the board. |
27 | * * * |
28 | (12) Conduct audits or verification of information of |
29 | slot machine or table game operations at such times, under |
30 | such circumstances and to such extent as the bureau |
|
1 | determines. This paragraph includes reviews of accounting, |
2 | administrative and financial records and management control |
3 | systems, procedures and records utilized by a slot machine |
4 | licensee. |
5 | * * * |
6 | (14) By March 1 of each year, the Commissioner of the |
7 | Pennsylvania State Police shall submit a report to the |
8 | Appropriations Committee of the Senate, the Community, |
9 | Economic and Recreational Development Committee of the |
10 | Senate, the Appropriations Committee of the House of |
11 | Representatives and the Gaming Oversight Committee of the |
12 | House of Representatives. The report shall summarize law |
13 | enforcement activities at each licensed facility during the |
14 | previous calendar year and shall include all of the |
15 | following: |
16 | (i) The number of arrests at each licensed facility. |
17 | (ii) A list of specific offenses charged for each |
18 | offense. |
19 | (iii) The number of criminal prosecutions resulting |
20 | from arrests. |
21 | (iv) The number of convictions resulting from |
22 | prosecutions. |
23 | (v) The number of Pennsylvania State Police troopers |
24 | assigned to each licensed facility and to the gaming unit |
25 | at the Pennsylvania State Police headquarters. |
26 | (vi) The number and nature of disciplinary actions | <-- |
27 | taken and complaints made against Pennsylvania State |
28 | Police troopers in a licensed facility. |
29 | (vii) The closest local police station, Pennsylvania |
30 | State Police station and regional Pennsylvania State |
|
1 | Police headquarters to each licensed facility. |
2 | * * * |
3 | (e) Inspection, seizure and warrants.-- |
4 | (1) The bureau, the department and the Pennsylvania |
5 | State Police shall have the authority without notice and |
6 | without warrant to do all of the following in the performance |
7 | of their duties: |
8 | (i) Inspect and examine all premises where slot |
9 | machine or table game operations are conducted, gaming |
10 | devices or equipment are manufactured, sold, distributed |
11 | or serviced or where records of these activities are |
12 | prepared or maintained. |
13 | (ii) Inspect all equipment and supplies in, about, |
14 | upon or around premises referred to in subparagraph (i). |
15 | (iii) Seize, summarily remove and impound equipment |
16 | and supplies from premises referred to in subparagraph |
17 | (i) for the purposes of examination and inspection. |
18 | (iv) Inspect, examine and audit all books, records |
19 | and documents pertaining to a slot machine licensee's |
20 | operation. |
21 | (v) Seize, impound or assume physical control of any |
22 | book, record, ledger, game, device, cash box and its |
23 | contents, counting room or its equipment or slot machine |
24 | or table game operations. |
25 | * * * |
26 | Section 16. Section 1517.2 of Title 4 is amended to read: |
27 | § 1517.2. Conduct of [public officials and] board employees. |
28 | (a) [Ex parte discussion prohibited.--An attorney |
29 | representing the bureau or the Office of Enforcement Counsel, or |
30 | an employee of the bureau or office involved in the hearing |
|
1 | process, shall not discuss the case ex parte with a hearing |
2 | officer, chief counsel or member] (Reserved). |
3 | (b) [Other prohibitions.--A hearing officer, the chief |
4 | counsel or a member shall not discuss or exercise any |
5 | supervisory responsibility over any employee with respect to an |
6 | enforcement hearing with which the employee is involved] |
7 | (Reserved). |
8 | (c) Disqualification.--If it becomes necessary for the chief |
9 | counsel or member to become involved on behalf of the board in |
10 | any enforcement proceeding, the chief counsel or member shall be |
11 | prohibited from participating in the adjudication of that matter |
12 | and shall designate appropriate individuals to exercise |
13 | adjudicatory functions. |
14 | Section 16.1. Section 1518(a)(2), (3), (4), (5), (7), (8), |
15 | (11) and (13) and (c)(1)(v) and (3) of Title 4 are amended, |
16 | subsections (a) and (b) are amended by adding paragraphs and the |
17 | section is amended by adding subsections to read: |
18 | § 1518. Prohibited acts; penalties. |
19 | (a) Criminal offenses.-- |
20 | * * * |
21 | (2) It shall be unlawful for a person to willfully: |
22 | (i) fail to report, pay or truthfully account for |
23 | and pay over any license fee, authorization fee, tax or |
24 | assessment imposed under this part; or |
25 | (ii) attempt in any manner to evade or defeat any |
26 | license fee, authorization fee, tax or assessment imposed |
27 | under this part. |
28 | (3) It shall be unlawful for any licensed entity, gaming |
29 | employee, key employee or any other person to permit a slot |
30 | machine, table game or table game device to be operated, |
|
1 | transported, repaired or opened on the premises of a licensed |
2 | facility by a person other than a person licensed or |
3 | permitted by the board pursuant to this part. |
4 | (4) It shall be unlawful for any licensed entity or |
5 | other person to manufacture, supply or place slot machines, |
6 | table games or table game devices into play or display slot |
7 | machines, table games or table game devices on the premise of |
8 | a licensed facility without the authority of the board. |
9 | (5) Except as provided for in section 1326 (relating to |
10 | license renewals), it shall be unlawful for a licensed entity |
11 | or other person to manufacture, supply, operate, carry on or |
12 | expose for play any slot machine, table game or table game |
13 | device after the person's license has expired and prior to |
14 | the actual renewal of the license. |
15 | * * * |
16 | (7) (i) Except as set forth in subparagraph (ii), it |
17 | shall be unlawful for an individual to use or possess a |
18 | cheating or thieving device, counterfeit or altered |
19 | billet, ticket, token or similar objects accepted by a |
20 | slot machine or counterfeit or altered slot machine- |
21 | issued tickets or vouchers at a licensed facility. |
22 | (ii) An authorized employee of a licensee or an |
23 | employee of the board may possess and use a cheating or |
24 | thieving device, counterfeit or altered billet, ticket, |
25 | token or similar objects accepted by a slot machine or |
26 | counterfeit or altered slot machine-issued tickets or |
27 | vouchers in performance of the duties of employment. |
28 | [(iii) As used in this paragraph, the term "cheating |
29 | or thieving device" includes, but is not limited to, a |
30 | device to facilitate the alignment of any winning |
|
1 | combination or to remove from any slot machine money or |
2 | other contents. The term includes, but is not limited to, |
3 | a tool, drill, wire, coin or token attached to a string |
4 | or wire and any electronic or magnetic device.] |
5 | (7.1) It shall be unlawful for an individual to do any |
6 | of the following: |
7 | (i) Use or possess counterfeit, marked, loaded, |
8 | tampered with or altered chips or other cheating devices |
9 | in the conduct of gaming under this part, except that an |
10 | authorized employee of a licensee or an authorized |
11 | employee of the board may possess and use counterfeit |
12 | chips, cards or dice that have been marked, loaded or |
13 | tampered with, or other cheating devices in performance |
14 | of the duties of employment for training or testing |
15 | purposes only. |
16 | (ii) Knowingly, by a trick or sleight of hand |
17 | performance or by fraud or fraudulent scheme, cards, dice |
18 | or device, for themselves or for another, win or attempt |
19 | to win money or property at a licensed facility or a |
20 | representation of either or reduce or attempt to reduce a |
21 | losing wager. |
22 | (8) (i) Except as set forth in subparagraph (ii), it |
23 | shall be unlawful for an individual to knowingly possess |
24 | or use while on the premises of a licensed facility a key |
25 | or device designed for the purpose of and suitable for |
26 | opening or entering any slot machine, drop box or coin |
27 | box which is located on the premises of the licensed |
28 | facility. |
29 | (ii) An authorized employee of a licensee or a |
30 | member of the board may possess and use a device referred |
|
1 | to in subparagraph (i) in the performance of the duties |
2 | of employment. |
3 | * * * |
4 | (11) It shall be unlawful for a licensed gaming entity |
5 | that is a licensed racing entity and that has lost the |
6 | license issued to it by either the State Horse Racing |
7 | Commission or the State Harness Racing Commission under the |
8 | Race Horse Industry Reform Act or that has had that license |
9 | suspended to operate slot machines or table games at the |
10 | racetrack for which its slot machine license was issued |
11 | unless the license issued to it by either the State Horse |
12 | Racing Commission or the State Harness Racing Commission will |
13 | be subsequently reissued or reinstated within 30 days after |
14 | the loss or suspension. |
15 | * * * |
16 | (13) It shall be unlawful for any person under 18 years |
17 | of age to be permitted in the area of a licensed facility |
18 | where slot machines or table games are operated. |
19 | (14) It shall be unlawful for any key employee, boxman, |
20 | floorman or any other casino employee who serves in a |
21 | supervisory position to solicit or accept and for any other |
22 | gaming employee to solicit any tip or gratuity from any |
23 | player or patron at the licensed facility where the person is |
24 | employed. |
25 | (15) It shall be unlawful for a licensed gaming entity |
26 | to require a wager to be greater than the stated minimum or |
27 | less than the stated maximum. However, a wager made by a |
28 | patron and not rejected by a licensed gaming entity prior to |
29 | commencement of play shall be treated as a valid wager. A |
30 | wager accepted by a dealer shall be paid or lost in its |
|
1 | entirety in accordance with the rules of the game, |
2 | notwithstanding that the wager exceeded the current table |
3 | maximum wager or was lower than the current table minimum |
4 | wager. |
5 | (16) A person that engages in conduct prohibited by 18 |
6 | Pa.C.S. § 6308 in a licensed facility commits an offense. |
7 | (17) It shall be unlawful for any person to claim, |
8 | collect or take, or attempt to claim, collect or take, money |
9 | or anything of value in or from a slot machine, table game or |
10 | table game device, with intent to defraud, or to claim, |
11 | collect or take an amount greater than the amount won, or to |
12 | manipulate with the intent to cheat, any component of any |
13 | slot machine, table game or table game device in a manner |
14 | contrary to the designed and normal operational purpose. |
15 | (b) Criminal penalties and fines.-- |
16 | * * * |
17 | (3) A person that violates subsection (a)(2), (3), (4), |
18 | (5), (6), (7), (7.1), (8), (9), (10), (11), (12), (14), (15) |
19 | or (17) commits a misdemeanor of the first degree. A person |
20 | that is convicted of a second or subsequent violation of |
21 | subsection (a)(2), (3), (4), (5), (6), (7), (7.1), (8), (9), |
22 | (10), (11), (12) or (17) commits a felony of the second |
23 | degree. |
24 | (4) A person that commits an offense in violation of |
25 | subsection (a)(13) commits a summary offense and upon |
26 | conviction of a first offense shall be sentenced to pay a |
27 | fine of not less than $200 nor more than $1,000. A person |
28 | that is convicted of a second or subsequent offense shall be |
29 | sentenced to pay a fine of not less than $500 nor more than |
30 | $1,500. In addition to the fine imposed, any person convicted |
|
1 | of an offense under subsection (a)(13) may be sentenced to |
2 | perform a period of community service not to exceed 40 hours. |
3 | (5) A person that commits an offense in violation of |
4 | subsection (a)(16) commits an offense to be graded in |
5 | accordance with 18 Pa.C.S. § 6308 (relating to purchase, |
6 | consumption, possession or transportation of liquor or malt |
7 | or brewed beverages) and shall be subject to the same |
8 | penalties imposed pursuant to 18 Pa.C.S. §§ 6308 and 6310.4 |
9 | (relating to restriction of operating privileges) except that |
10 | the fine imposed for a violation of subsection (a)(16) shall |
11 | be not less than $350 nor more than $1,000. The police |
12 | department making an arrest for a suspected violation of |
13 | subsection (a)(16) shall notify the parents or guardian of |
14 | the minor charged. |
15 | (c) Board-imposed administrative sanctions.-- |
16 | (1) In addition to any other penalty authorized by law, |
17 | the board may impose without limitation the following |
18 | sanctions upon any licensee or permittee: |
19 | * * * |
20 | (v) Suspend the license of any licensed gaming |
21 | entity for violation of or attempting to violate any |
22 | provisions of this part or regulations promulgated under |
23 | this part relating to its slot machine or table game |
24 | operations. |
25 | * * * |
26 | (3) In addition to any other fines or penalties that the |
27 | board may impose under this part or regulation, if a person |
28 | violates subsection (a)(2), the board shall impose an |
29 | administrative penalty of three times the amount of the |
30 | license fee, authorization fee, tax or other assessment |
|
1 | evaded and not paid, collected or paid over. This subsection |
2 | is subject to 2 Pa.C.S. Chs. 5 Subch. A and 7 Subch. A. |
3 | (d) Aiding and abetting.--A person who aids, abets, |
4 | counsels, commands, induces, procures or causes another person |
5 | to violate a provision of this part shall be subject to all |
6 | sanctions and penalties, both civil and criminal, provided under |
7 | this part. |
8 | (e) Continuing offenses.--A violation of this part that is |
9 | determined to be an offense of a continuing nature shall be |
10 | deemed to be a separate offense on each event or day during |
11 | which the violation occurs. Nothing in this section shall be |
12 | construed to preclude the commission of multiple violations of |
13 | the provisions of this part in any one day that establish |
14 | offenses consisting of separate and distinct acts or violations |
15 | of the provisions of this part or regulations promulgated under |
16 | this part. |
17 | (f) Property subject to seizure, confiscation, destruction |
18 | or forfeiture.--Any equipment, device or apparatus, money, |
19 | material, gaming proceeds or substituted proceeds or real or |
20 | personal property used, obtained or received or any attempt to |
21 | use, obtain or receive the device, apparatus, money, material, |
22 | proceeds or real or personal property in violation of this part |
23 | shall be subject to seizure, confiscation, destruction or |
24 | forfeiture. |
25 | Section 17. Title 4 is amended by adding sections to read: |
26 | § 1518.1. Additional authority. |
27 | (a) General rule.--The chief enforcement counsel may |
28 | petition the Commonwealth Court for authorization to review or |
29 | obtain information in the possession of an agency in this |
30 | Commonwealth by averring that the bureau believes specific and | <-- |
|
1 | articulable facts demonstrating that the agency has in its |
2 | possession information material to an a pending investigation or | <-- |
3 | inquiry being conducted by the bureau pursuant to this part and |
4 | that disclosure or release is in the best interest of the |
5 | Commonwealth. The petition shall request that the court enter a |
6 | rule upon the agency to show cause why the agency should not be |
7 | directed to disclose to the bureau or identified agents thereof, |
8 | information in its possession about any pending matter under the | <-- |
9 | jurisdiction of the bureau or the board pursuant to this part. | <-- |
10 | If a respondent is a local agency, a copy of any rule issued |
11 | pursuant to this section shall be provided to the district |
12 | attorney of the county in which the local agency is located and | <-- |
13 | to the Office of Attorney General. Upon request of a local |
14 | agency, the district attorney or the Attorney General may elect | <-- |
15 | to enter an appearance to represent the local agency in the |
16 | proceedings. |
17 | (b) Procedure.--The filing of a petition pursuant to this |
18 | section and related proceedings shall be in accordance with |
19 | court rule, including issuance as of course. A party shall not |
20 | disclose the filing of a petition or answer or receipt, content | <-- |
21 | or disposition of a rule or order issued pursuant to this |
22 | section without leave of court. Any party to the proceedings may |
23 | request that the record be sealed and proceedings be closed. The |
24 | court shall grant the request if it is in the best interest of |
25 | any person or the Commonwealth to do so. |
26 | (c) Court determination.--Following review of the record, |
27 | the court shall grant the relief sought by the chief enforcement |
28 | counsel, if the court determines that the agency has in its |
29 | possession information material to the investigation or inquiry |
30 | and that disclosure or release of the information is in the best |
|
1 | interest of the Commonwealth, that the disclosure or release of | <-- |
2 | the information is not otherwise prohibited by statute or |
3 | regulation and that the disclosure or release of the information |
4 | would not inhibit an agency in the performance of the agency's |
5 | duties. If the court so determines, the court shall enter an |
6 | order authorizing and directing the information be made |
7 | available for review in camera. |
8 | (d) Release of materials or information.--If, after an in |
9 | camera review, the chief enforcement counsel seeks to obtain |
10 | copies of materials in the agency's possession, the court may, |
11 | notwithstanding any other provision of law if not otherwise | <-- |
12 | prohibited by statute or regulation, enter an order that the |
13 | requested materials be provided. Any order authorizing the |
14 | release of materials or other information shall contain |
15 | direction regarding the safekeeping and use of the materials or |
16 | other information sufficient to satisfy the court that the |
17 | materials or information will be sufficiently safeguarded. In |
18 | making this determination the court shall consider the input of |
19 | the agency concerning any pending investigation or ongoing | <-- |
20 | matter and the safety of persons and property. |
21 | (e) Modification of order.--If subsequent investigation or |
22 | inquiry by the board bureau warrants modification of any order | <-- |
23 | entered pursuant to this section, the chief enforcement counsel |
24 | may petition to request the modification. Upon such request, the |
25 | court may modify its orders at any time and in any manner it |
26 | deems necessary and appropriate. The agency named in the |
27 | original petition shall be given notice and an opportunity to be |
28 | heard. |
29 | (f) Use of information or materials.--Any person who, by any |
30 | means authorized by this section, has obtained knowledge of |
|
1 | information or materials solely pursuant to this section may use |
2 | such information or materials in a manner consistent with any |
3 | directions imposed by the court and appropriate to the proper |
4 | performance of the person's official duties under this part. |
5 | (g) Violation.--In addition to any remedies and penalties |
6 | provided in this part, any violation of the provisions of this |
7 | section may be punished as contempt of the court. |
8 | (h) Definition.--As used in this section the term "agency" |
9 | shall mean a "Commonwealth agency" or a "local agency" as those |
10 | terms are defined in section 102 of the act of February 14, |
11 | 2008, (P.L.6, No.3) known as the Right-to-Know Law. |
12 | § 1518.2. Report of suspicious transactions. |
13 | (a) Duty.--The holder of any slot machine license or a |
14 | person acting on behalf of the licensee shall file a report of |
15 | any suspicious transaction with the bureau. The filing of a |
16 | report under 31 CFR 103.21 (relating to reports by casinos of |
17 | suspicious transactions) shall satisfy this requirement. |
18 | (b) Failure to report.--A person required under this section |
19 | to file a report of a suspicious transaction who knowingly fails |
20 | to file a report of a suspicious transaction or who knowingly |
21 | causes another person having that responsibility to fail to file |
22 | a report commits a misdemeanor of the third degree and shall be |
23 | subject to the sanctions under section 1518(c) (relating to |
24 | prohibited acts; penalties). |
25 | (c) Bureau.--The bureau shall maintain a record of all |
26 | reports made under this section for a period of five years. The |
27 | bureau shall make the reports available to any Federal or State |
28 | law enforcement agency upon written request and without |
29 | necessity of subpoena. |
30 | (d) Notice prohibited.--A person who is required to file a |
|
1 | report of a suspicious transaction under this section may not |
2 | notify any person involved in the transaction that the |
3 | transaction has been reported. Any person that violates this |
4 | subsection commits a misdemeanor of the third degree. |
5 | (e) Immunity.--A person who is required to file a report of |
6 | a suspicious transaction under this section who in good faith |
7 | makes the report shall not be liable in any civil action brought |
8 | by any person for making the report, regardless of whether the |
9 | transaction is later determined to be suspicious. |
10 | (f) Sanctions.-- |
11 | (1) In considering appropriate administrative sanctions |
12 | against any person under section 1518(c) for a violation of |
13 | this section, the board shall consider all of the following: |
14 | (i) The risk to the public and to the integrity of |
15 | gaming operations created by the conduct of the person. |
16 | (ii) The seriousness of the conduct of the person |
17 | and whether the conduct was purposeful and with knowledge |
18 | that it was in contravention of the provisions of this |
19 | part or regulations promulgated under this part. |
20 | (iii) Any justification or excuse for the conduct by |
21 | the person. |
22 | (iv) The prior history of the particular licensee or |
23 | person involved with respect to gaming activity. |
24 | (v) The corrective action taken by the slot machine |
25 | licensee to prevent future misconduct of a like nature |
26 | from occurring. |
27 | (vi) In the case of a monetary penalty, the amount |
28 | of the penalty in relation to the severity of the |
29 | misconduct and the financial means of the licensee or |
30 | person. The board may impose any schedule or terms of |
|
1 | payment of such penalty as it may deem appropriate. |
2 | (2) It shall be no defense to disciplinary action before |
3 | the board that a person inadvertently, unintentionally or |
4 | unknowingly violated a provision of this section. The factors |
5 | under paragraph (1) shall only go to the degree of the |
6 | penalty to be imposed by the board and not to a finding of a |
7 | violation itself. |
8 | (g) Regulations.--The board shall promulgate regulations to |
9 | effectuate the purposes of this section. |
10 | § 1518.3. Inapplicability of Liquor Code. |
11 | The provision of section 471(c) of the act of April 12, 1951 |
12 | (P.L.90, No.21), known as the Liquor Code, shall not apply to a |
13 | person who holds a slot machine license and who holds a license |
14 | issued under section 404 or 432 of the Liquor Code. |
15 | Section 18. Section 1522 of Title 4 is amended to read: |
16 | § 1522. Interception of oral communications. |
17 | The interception and recording of oral communications made in |
18 | a [counting] count room of a licensed facility by a licensee |
19 | shall not be subject to the provisions of 18 Pa.C.S. Ch. 57 |
20 | (relating to wiretapping and electronic surveillance). Notice |
21 | that oral communications are being intercepted and recorded |
22 | shall be posted conspicuously in the [counting] count room. |
23 | Section 18.1. Title 4 is amended by adding a section to |
24 | read: |
25 | § 1523. Electronic funds transfer terminals. |
26 | (a) Prohibition.--A slot machine licensee may not install, |
27 | own or operate or allow another person to install, own or |
28 | operate on the premises of the licensed facility a slot machine |
29 | or table game that is played with a device that allows a player |
30 | to operate the slot machine or table game by transferring funds |
|
1 | electronically from a debit card, credit card or by means of an | <-- |
2 | electronic funds transfer terminal. |
3 | (b) Definitions.--As used in this section, the following |
4 | words and phrases shall have the meanings given to them in this |
5 | subsection unless the context clearly indicates otherwise: |
6 | "Electronic funds transfer terminal." An information- |
7 | processing device or an automatic teller machine used for |
8 | executing deposit account transactions between financial |
9 | institutions and their account holders by either the direct |
10 | transmission of electronic impulses or the recording of |
11 | electronic impulses for delayed processing. The fact that a |
12 | device is used for other purposes shall not prevent it from |
13 | being considered an electronic funds transfer terminal under |
14 | this definition. |
15 | Section 18.2. Title 4 is amended by adding chapters to read: |
16 | Chapter 16 |
17 | JUNKETS |
18 | Sec. |
19 | 1601. Gaming junkets authorized. |
20 | 1602. Gaming junket enterprise license. |
21 | 1603. Other licenses Classification system. | <-- |
22 | 1604. Gaming junket representatives. |
23 | 1605. Junket agreements. |
24 | 1606. Conduct of junket. |
25 | 1607. Violation of terms. |
26 | 1608. Records. |
27 | 1609. Report. |
28 | 1610. Gaming junket arrangement. |
29 | 1611. Prohibitions. |
30 | § 1601. Gaming junkets authorized. |
|
1 | The board may authorize the organization and conduct of |
2 | gaming junkets subject to the provisions of this chapter. No |
3 | gaming junket shall be organized or permitted to operate in this |
4 | Commonwealth and no person shall act as a junket representative |
5 | or junket enterprise except in accordance with this chapter. |
6 | § 1602. Gaming junket enterprise license. |
7 | (a) Gaming junket enterprise license required.--All gaming |
8 | junket enterprises shall obtain a license from the board prior |
9 | to acting as a gaming junket enterprise in this Commonwealth. |
10 | (b) Application.-–A gaming junket enterprise license |
11 | application shall be in a form prescribed by the board and shall |
12 | include the following: |
13 | (1) The name, address and photograph of the applicant |
14 | all owners, directors, managers and supervisory employees of |
15 | a gaming junket enterprise. |
16 | (2) The details of a gaming junket enterprise license or |
17 | similar license applied for or granted or denied to the |
18 | applicant by another jurisdiction. |
19 | (3) Consent for the board to conduct a background |
20 | investigation, the scope of which shall be determined by the |
21 | board. |
22 | (4) All releases necessary for the board to acquire |
23 | licensing documents and other information necessary to |
24 | conduct a background investigation or otherwise evaluate the |
25 | application. |
26 | (5) A list of all civil judgments obtained against the |
27 | applicant pertaining to a gaming junket enterprise with which |
28 | the applicant has been associated. |
29 | (6) A description of the operation and organization of |
30 | the gaming junket enterprise. |
|
1 | (7) Any additional information required by the board. |
2 | (c) Enforcement information.-–If the applicant has held a |
3 | gaming junket license or gaming junket license or other gaming |
4 | license in another jurisdiction, the applicant may submit a |
5 | letter of reference from the gaming enforcement agency in the |
6 | other jurisdiction. The letter shall specify the experiences of |
7 | the agency with the applicant, the applicant's associates and |
8 | the applicant's gaming junket enterprise or gaming activity. If |
9 | no letter is received within 30 days of the applicant's request, |
10 | the applicant may submit a statement under oath, subject to the |
11 | penalty for false swearing under 18 Pa.C.S. § 4903 (relating to |
12 | false swearing), that the applicant is in good standing with the |
13 | gaming enforcement agency in the other jurisdiction. |
14 | (d) Issuance.-–Following review of the application and |
15 | completion of the background investigation, the board may issue |
16 | a gaming junket enterprise license to the applicant if the |
17 | applicant has proven by clear and convincing evidence that the |
18 | applicant is a person of good character, honesty and integrity |
19 | and that the applicant’s activities, criminal record, |
20 | reputation, habits and associations do not pose a threat to the |
21 | public interest or suitable or legitimate operation of gaming. |
22 | (e) Failure to cooperate.-–Failure to provide required |
23 | information or releases under this section shall result in the |
24 | immediate denial of a license or permit. |
25 | (f) Nontransferability.-–A license issued under this section |
26 | shall be nontransferable. |
27 | § 1603. Other licenses. | <-- |
28 | An owner, director, manager or supervisory employee of a |
29 | gaming junket enterprise shall qualify for and obtain a key |
30 | employee license in accordance with section 1311.2 (relating to |
|
1 | licensing of key employees) or a principal employee license |
2 | under section 1311.1 (relating to licensing of principals) as |
3 | deemed appropriate by the board. |
4 | § 1603. Classification system. | <-- |
5 | The board shall develop a classification system for the |
6 | regulation of gaming junket enterprises and the individuals and |
7 | entities associated with gaming junket enterprises. |
8 | § 1604. Gaming junket representatives. |
9 | (a) Occupation permit.-–Except as otherwise provided in |
10 | subsection (e), a gaming junket representative shall obtain an |
11 | occupation permit from the board in accordance with section 1318 |
12 | (relating to occupation permit application). |
13 | (b) Application.-–In addition to the requirements of section |
14 | 1308 (relating to applications for license or permit), the |
15 | application for a gaming junket representative occupation permit |
16 | shall be in a form prescribed by the board and shall include the |
17 | following: |
18 | (1) Verification of employment status as a gaming junket |
19 | representative with a licensed gaming junket enterprise. |
20 | (2) A description of employment responsibilities. |
21 | (3) A consent form to allow the board to conduct a |
22 | background investigation, the scope of which shall be |
23 | determined by the board. |
24 | (4) A release for the board to acquire copies of |
25 | information from government agencies, employers and others as |
26 | necessary to complete the investigation. |
27 | (5) Fingerprints which shall be submitted to the |
28 | Pennsylvania State Police. |
29 | (6) A photograph that meets the standards of the |
30 | Commonwealth Photo Imaging Network. |
|
1 | (7) Details relating to a similar license, permit or |
2 | other authorization obtained in another jurisdiction, if any. |
3 | (8) Any additional information required by the board. |
4 | (c) Issuance.-–Following review of the application and |
5 | background investigation, the board may issue an occupation |
6 | permit if the applicant has proven by clear and convincing |
7 | evidence that the applicant is a person of good character, |
8 | honesty and integrity and is eligible and suitable to receive an |
9 | occupation permit. |
10 | (d) Nontransferability.-–An occupation permit issued under |
11 | this section shall be nontransferable. |
12 | (e) Holder of occupation permit.–-Nothing in this section |
13 | shall be construed to prohibit a gaming junket representative an | <-- |
14 | individual who holds a valid occupation permit and who is |
15 | employed by a slot machine licensee or an applicant for a slot | <-- |
16 | machine license from acting as a gaming junket representative. A | <-- |
17 | gaming junket representative need not be a resident of this |
18 | Commonwealth. |
19 | § 1605. Junket agreements. |
20 | Agreements entered into between a slot machine licensee and a |
21 | gaming junket enterprise or a gaming junket representative shall |
22 | include a provision for the termination of the agreement without |
23 | liability on the part of the slot machine licensee if: |
24 | (1) The board orders the suspension, limitation, |
25 | conditioning, denial or revocation of the license of a gaming |
26 | junket representative license or occupation permit of a |
27 | gaming junket representative. |
28 | (2) The board finds that the agreement is not approved |
29 | or that it is terminated. Failure to expressly include the |
30 | termination requirement under this section in the agreement |
|
1 | shall not constitute a defense in an action brought relating |
2 | to the termination of the agreement. |
3 | § 1606. Conduct of junket. |
4 | A slot machine licensee shall be responsible for the conduct |
5 | of a gaming junket representative or gaming junket enterprise |
6 | with which the slot machine licensee has an agreement and for |
7 | the terms and conditions of a gaming junket on its premises. |
8 | § 1607. Violation of terms. |
9 | Notwithstanding any other provision of this part, if the |
10 | board determines that the terms of an agreement to conduct a |
11 | gaming junket were violated by a slot machine licensee, gaming |
12 | junket enterprise or gaming junket representative, the board may |
13 | do the following: |
14 | (1) Order restitution to gaming junket patrons. |
15 | (2) Assess civil penalties for a violation or deviation |
16 | from the terms of the junket agreement. |
17 | § 1608. Records. |
18 | The board shall prescribe procedures and forms to retain |
19 | records relating to the conduct of a gaming junket by a slot |
20 | machine licensee. A slot machine licensee shall: |
21 | (1) Maintain a report describing the operation of a |
22 | gaming junket conducted at its licensed facility. |
23 | (2) Submit to the board and the bureau a list of all its |
24 | employees who act as conduct business on behalf of the slot | <-- |
25 | machine licensee with gaming junket representatives on a |
26 | full-time, part-time or temporary basis. |
27 | (3) Maintain records of all agreements entered into with |
28 | a gaming junket enterprise or gaming junket representative |
29 | for a minimum of five years. |
30 | (4) Provide any other information relating to a gaming |
|
1 | junket required by the board or bureau. |
2 | § 1609. Report. |
3 | A slot machine licensee, gaming junket representative or |
4 | gaming junket enterprise shall file a report with the bureau to |
5 | include a list of gaming junket patrons or potential gaming |
6 | junket patrons purchased by the slot machine licensee, gaming |
7 | junket representative or gaming junket enterprise. The report |
8 | shall include the source of the list and zip codes of patrons or |
9 | potential patrons on a list purchased directly or indirectly by |
10 | a slot machine licensee, gaming junket representative or gaming |
11 | junket enterprise. Nothing in this section shall require the |
12 | reporting or maintenance of personal identifying information |
13 | pertaining to patron or potential patrons. |
14 | § 1610. Gaming junket arrangement. |
15 | Upon petition by a slot machine licensee, the board may grant |
16 | an exemption from the requirements of this part to a gaming |
17 | junket representative. The board shall consult with the bureau |
18 | prior to granting an exemption under this section and shall |
19 | consider the following: |
20 | (1) The terms of the gaming junket arrangement. |
21 | (2) The number and scope of gaming junkets. |
22 | (3) Whether the exemption is consistent with the |
23 | policies and purposes of this part. |
24 | (4) Any other factor deemed necessary by the bureau or |
25 | board. |
26 | The board may condition, limit or restrict the exemption. |
27 | § 1611. Prohibitions. |
28 | A gaming junket enterprise or gaming junket representative |
29 | shall not do any of the following: |
30 | (1) Engage in efforts to collect on checks that have |
|
1 | been returned by a bank or other financial institution |
2 | without payment. |
3 | (2) Exercise approval authority over the authorization |
4 | or issuance of credit under section 1326A (relating to |
5 | wagering policies). |
6 | (3) Receive or retain a fee from a patron for the |
7 | privilege of participating in a gaming junket. |
8 | (4) Pay for any service, including transportation, or |
9 | other thing of value provided to a patron participating in a |
10 | gaming junket except as authorized by this part. |
11 | CHAPTER 17 |
12 | GAMING SCHOOLS |
13 | Sec. |
14 | 1701. Curriculum. |
15 | 1702. Gaming school gaming equipment. |
16 | § 1701. Curriculum. |
17 | The Department of Education, in consultation with the board, |
18 | shall develop curriculum guidelines, including minimum |
19 | proficiency requirements established by the board, for gaming |
20 | school instruction. The guidelines shall, at a minimum, |
21 | establish courses of instruction that will provide individuals |
22 | with adequate training necessary to obtain employment as a |
23 | gaming employee with a licensed gaming entity. |
24 | § 1702. Gaming school gaming equipment. |
25 | (a) Use of gaming equipment.--All gaming equipment utilized |
26 | by a gaming school, including table game devices and all |
27 | representations of value, shall be used for training, |
28 | instructional and practice purposes only. The use of any such |
29 | gaming equipment for actual gaming by any person is prohibited. |
30 | (b) Chips.--Unless the board otherwise determines, all |
|
1 | gaming chips and other representations of value utilized by a |
2 | gaming school shall be distinctly dissimilar to any gaming chips |
3 | and representations of value utilized by a slot machine |
4 | licensee. |
5 | (c) Possession, removal and transport of equipment.--No |
6 | gaming school shall possess, remove or transport, or cause to be |
7 | removed or transported, any slot machine, table game device or |
8 | associated equipment except in accordance with this part. |
9 | (d) Serial numbers.--Each slot machine, table game device |
10 | and associated equipment on the premises of a gaming school |
11 | shall have permanently affixed on it a serial number which, |
12 | together with the location of the machine or table game device, |
13 | shall be filed with the board. |
14 | (e) Security.--Each gaming school shall provide adequate |
15 | security for the slot machines, table games, table game devices |
16 | and associated equipment on the gaming school premises. |
17 | (f) Notice to board and bureau.--No gaming school shall sell |
18 | or transfer any slot machine, table game, table game device or |
19 | associated equipment except upon prior written notice to the |
20 | board and the bureau and the removal of all serial numbers |
21 | required by this section. |
22 | (g) Additional training.--Each gaming employee attending | <-- |
23 | gaming school shall be trained in cardiopulmonary resuscitation. |
24 | Section 19. No later than 90 days after the effective date |
25 | of this act, the Pennsylvania Gaming Control Board shall |
26 | transfer the sum of $12,500,000 from the amounts previously |
27 | appropriated to the Pennsylvania Gaming Control Board pursuant |
28 | to 4 Pa.C.S. § 1408 to the General Fund. |
29 | Section 20. The amendment of 4 Pa.C.S. § 1213 shall not |
30 | apply to any of the following: |
|
1 | (1) An application submitted before the effective date |
2 | of this section. |
3 | (2) Any license or permit issued prior to the effective |
4 | date of this section. |
5 | (3) The renewal of any license or permit issued prior to |
6 | the effective date of this section. |
7 | Section 20.1. The amendment of 4 Pa.C.S. § 1202(a)(2) and | <-- |
8 | the addition of 4 Pa.C.S. § 1517(c)(1.1) shall not apply to an |
9 | individual: |
10 | (1) who, on July 1, 2009, was serving officially or |
11 | acting as Executive Director of the Pennsylvania Gaming |
12 | Control Board, Chief Counsel of the board, or the Director of |
13 | the Office Of Enforcement Counsel within the Bureau of |
14 | Investigations and Enforcement and; |
15 | (2) on whom the bureau or the Pennsylvania State Police |
16 | completed a background investigation as a condition of |
17 | employment with the board. |
18 | Section 21. This act shall take effect immediately. |
19 | Section 1. Section 1102(11) of Title 4 of the Pennsylvania | <-- |
20 | Consolidated Statutes is amended and the section is amended by |
21 | adding paragraphs to read: |
22 | § 1102. Legislative intent. |
23 | The General Assembly recognizes the following public policy |
24 | purposes and declares that the following objectives of the |
25 | Commonwealth are to be served by this part: |
26 | * * * |
27 | (2.1) The authorization of table games in this part is |
28 | intended to supplement slot machine gaming by increasing |
29 | revenues to the Commonwealth and providing new employment |
30 | opportunities by creating skilled jobs for individuals |
|
1 | related to the conduct of table games at licensed facilities |
2 | in this Commonwealth. |
3 | * * * |
4 | (10.1) The General Assembly has a compelling interest in |
5 | protecting the integrity of both the electoral process and |
6 | the legislative process by preventing corruption and the |
7 | appearance of corruption which may arise through permitting |
8 | any type of political campaign contributions by certain |
9 | persons involved in the gaming industry and regulated under |
10 | this part. |
11 | (10.2) Banning all types of political campaign |
12 | contributions by certain persons subject to this part is |
13 | necessary to prevent corruption and the appearance of |
14 | corruption, that may arise when political campaign |
15 | contributions and gaming regulated under this part are |
16 | intermingled. |
17 | (11) It is necessary to maintain the integrity of the |
18 | regulatory control and legislative oversight over the |
19 | operation and play of slot machines and table games in this |
20 | Commonwealth; to [prevent the actual or appearance of |
21 | corruption that may result from large campaign |
22 | contributions;] ensure the bipartisan administration of this |
23 | part; and avoid actions that may erode public confidence in |
24 | the system of representative government. |
25 | (12) It is the intent of the General Assembly to |
26 | authorize the operation and play of slot machines and table |
27 | games under a single slot machine license issued to a slot |
28 | machine licensee under this part. |
29 | (13) The authorization of limited gaming in this |
30 | Commonwealth requires the Commonwealth to take steps to |
|
1 | increase awareness of compulsive and problem gambling and to |
2 | develop and implement effective strategies for prevention, |
3 | assessment and treatment of this behavioral disorder. |
4 | (14) Research indicates that for some individuals |
5 | compulsive and problem gambling and drug and alcohol |
6 | addiction are related. Therefore, the General Assembly |
7 | intends to establish an approach to compulsive and problem |
8 | gambling prevention, assessment and treatment that will |
9 | ensure the provision of adequate resources to identify, |
10 | assess and treat both compulsive and problem gambling and |
11 | drug and alcohol addiction. |
12 | Section 2. The definitions of "associated equipment," |
13 | "cheat," "conduct of gaming," "conviction," "gaming employee," |
14 | "gross terminal revenue," "key employee," "licensed facility," |
15 | "manufacturer," "manufacturer license," "slot machine," |
16 | "supplier" and "supplier license" in section 1103 of Title 4 are |
17 | amended and the section is amended by adding definitions to |
18 | read: |
19 | § 1103. Definitions. |
20 | The following words and phrases when used in this part shall |
21 | have the meanings given to them in this section unless the |
22 | context clearly indicates otherwise: |
23 | * * * |
24 | "Associated equipment." Any equipment or mechanical, |
25 | electromechanical or electronic contrivance, component or |
26 | machine used in connection with [gaming] slot machines or table |
27 | games, including linking devices which connect to progressive |
28 | slot machines or slot machines, replacement parts, equipment |
29 | which affects the proper reporting and counting of gross |
30 | terminal revenue and gross table game revenue, computerized |
|
1 | systems for controlling and monitoring slot machines or table |
2 | games, including, but not limited to, the central control |
3 | computer to which all slot machines communicate and devices for |
4 | weighing or counting money. |
5 | * * * |
6 | "Banking game." Any table game in which a player competes |
7 | against a certificate holder rather than against another player. |
8 | * * * |
9 | "Cash." United States currency and coin. |
10 | "Cash equivalent." An asset that is readily convertible to |
11 | cash, including, but not limited to, any of the following: |
12 | (1) Chips or tokens. |
13 | (2) Travelers checks. |
14 | (3) Foreign currency and coin. |
15 | (4) Certified checks, cashier's checks and money orders. |
16 | (5) Personal checks or drafts. |
17 | (6) A negotiable instrument applied against credit |
18 | extended by a certificate holder or a financial institution. |
19 | (7) Any other instrument or representation of value that |
20 | the Pennsylvania Gaming Control Board deems a cash |
21 | equivalent. |
22 | * * * |
23 | "Certificate holder." A slot machine licensee that holds a |
24 | table game operation certificate awarded by the Pennsylvania |
25 | Gaming Control Board in accordance with Chapter 13A (relating to |
26 | table games). |
27 | "Cheat." To [alter without authorization] defraud or steal |
28 | from any player, slot machine licensee or the Commonwealth while |
29 | operating or playing a slot machine or table game, including |
30 | causing, aiding, abetting or conspiring with another person to |
|
1 | do so. The term shall also mean to alter or causing, aiding, |
2 | abetting or conspiring with another person to alter the elements |
3 | of chance, method of selection or criteria which determine: |
4 | (1) The result of a slot machine game or table game. |
5 | (2) The amount or frequency of payment in a slot machine |
6 | game or table game. |
7 | (3) The value of a wagering instrument. |
8 | (4) The value of a wagering credit. |
9 | The term does not include altering a slot machine, table game |
10 | device or associated equipment for [required] maintenance [and] |
11 | or repair with the approval of a slot machine licensee. |
12 | "Cheating or thieving device." A device used or possessed |
13 | with the intent to be used to cheat during the operation or play |
14 | of any slot machine or table game. The term shall also include |
15 | any device used to alter a slot machine or a table game device |
16 | without the slot machine licensee's approval. |
17 | "Chip." A representation of value, including a plaque, |
18 | issued by a certificate holder for use in playing a table game |
19 | at the certificate holder's licensed facility and redeemable |
20 | with the issuing certificate holder for cash or cash equivalent. |
21 | * * * |
22 | "Conduct of gaming." The licensed placement [and], operation |
23 | and play of [games of chance] slot machines and table games |
24 | under this part, as authorized and approved by the Pennsylvania |
25 | Gaming Control Board [at a licensed facility]. |
26 | "Contest." A table game competition among players for cash, |
27 | cash equivalents or prizes. |
28 | * * * |
29 | "Conviction." A finding of guilt or a plea of guilty or nolo |
30 | contendere, whether or not a judgment of sentence has been |
|
1 | imposed as determined by the law of the jurisdiction in which |
2 | the prosecution was held. The term does not include a conviction |
3 | that has been expunged or overturned or for which an individual |
4 | has been pardoned or had an order of Accelerated Rehabilitative |
5 | Disposition entered. |
6 | * * * |
7 | "Count room." A secured room at a licensed facility |
8 | designated for the counting, wrapping and recording of slot |
9 | machine and table game receipts. |
10 | "Counterfeit chip." Any object that is: |
11 | (1) used or intended to be used to play a table game at |
12 | a certificate holder's licensed facility and which was not |
13 | issued by that certificate holder for such use; or |
14 | (2) presented to a certificate holder for redemption if |
15 | the object was not issued by the certificate holder. |
16 | * * * |
17 | "Electronic gaming table." A gaming table approved by the |
18 | Pennsylvania Gaming Control Board that is a mechanical, |
19 | electrical or computerized contrivance, terminal, machine or |
20 | other device which, upon insertion or placement of cash or cash |
21 | equivalents therein or thereon, or upon a wager or payment of |
22 | any consideration whatsoever, is available for play or operation |
23 | by one or more players as a table game. The term shall include |
24 | any gaming table where a wager or payment is made using an |
25 | electronic or computerized wagering or payment system. The term |
26 | shall not include a slot machine. |
27 | "Executive-level public employee." The term shall include |
28 | the following: |
29 | (1) Deputy Secretaries of the Commonwealth and the |
30 | Governor's Office executive staff. |
|
1 | (2) An employee of the executive branch whose duties |
2 | substantially involve licensing or enforcement under this |
3 | part, who has discretionary power which may affect or |
4 | influence the outcome of a Commonwealth agency's action or |
5 | decision or who is involved in the development of regulations |
6 | or policies relating to a licensed entity. The term shall |
7 | include an employee with law enforcement authority. |
8 | (3) An employee of a county or municipality with |
9 | discretionary powers which may affect or influence the |
10 | outcome of the county's or municipality's action or decision |
11 | related to this part or who is involved in the development of |
12 | law, regulation or policy relating to matters regulated under |
13 | this part. The term shall include an employee with law |
14 | enforcement authority. |
15 | (4) An employee of a department, agency, board, |
16 | commission, authority or other governmental body not included |
17 | in paragraph (1), (2) or (3) with discretionary power which |
18 | may affect or influence the outcome of the governmental |
19 | body's action or decision related to this part or who is |
20 | involved in the development of regulation or policy relating |
21 | to matters regulated under this part. The term shall include |
22 | an employee with law enforcement authority. |
23 | * * * |
24 | "Fully automated electronic gaming table." An electronic |
25 | gaming table determined by the Pennsylvania Gaming Control Board |
26 | to be playable or operable as a table game without the |
27 | assistance or participation of a person acting on behalf of a |
28 | certificate holder. |
29 | * * * |
30 | "Gaming employee." Any employee of a slot machine licensee, |
|
1 | including, but not limited to: |
2 | (1) Cashiers. |
3 | (2) Change personnel. |
4 | (3) [Counting] Count room personnel. |
5 | (4) Slot attendants. |
6 | (5) Hosts or other [persons] individuals authorized to |
7 | extend complimentary services, including employees performing |
8 | functions similar to those performed by a gaming junket |
9 | representative. |
10 | (6) Machine mechanics [or], computer machine technicians |
11 | or table game device technicians. |
12 | (7) Security personnel. |
13 | (8) Surveillance personnel. |
14 | (9) [Supervisors] Promotional play supervisors, credit |
15 | supervisors, pit supervisors, cashier supervisors, shift |
16 | supervisors, table game managers and assistant managers and |
17 | other supervisors and managers, except for those specifically |
18 | identified in this part as key employees. |
19 | (10) Boxmen. |
20 | (11) Dealers or croupiers. |
21 | (12) Floormen. |
22 | (13) Personnel authorized to issue promotional play. |
23 | (14) Personnel authorized to issue credit. |
24 | The term [includes] shall include employees of a person holding |
25 | a supplier's license whose duties are directly involved with the |
26 | repair or distribution of slot machines [and], table game |
27 | devices or associated equipment sold or provided to [the] a |
28 | licensed facility within this Commonwealth as determined by the |
29 | Pennsylvania Gaming Control Board. The term does not include |
30 | bartenders, cocktail servers or other persons engaged solely in |
|
1 | preparing or serving food or beverages, clerical or secretarial |
2 | personnel, parking attendants, janitorial, stage, sound and |
3 | light technicians and other nongaming personnel as determined by |
4 | the board. |
5 | "Gaming junket." A gaming arrangement made by a gaming |
6 | junket enterprise or a gaming junket representative for an |
7 | individual who: |
8 | (1) Is selected or approved for participation in the |
9 | arrangement based on the individual's ability to satisfy |
10 | specific financial qualifications and the likelihood that the |
11 | individual will participate in playing slot machines or table |
12 | games and patronize a licensed facility for the purpose of |
13 | gaming. |
14 | (2) Receives complimentary services or gifts from a slot |
15 | machine licensee for participation in the arrangement |
16 | including the costs of transportation, food, lodging or |
17 | entertainment. |
18 | "Gaming junket enterprise." A person, other than a slot |
19 | machine licensee, who employs or otherwise engages the services |
20 | of a gaming junket representative to arrange gaming junkets to a |
21 | licensed facility, regardless of whether the activities of the |
22 | person or the gaming junket representative occur within this |
23 | Commonwealth. |
24 | "Gaming junket representative." An individual, other than an |
25 | employee of a slot machine licensee, who arranges and negotiates |
26 | the terms of a gaming junket or selects individuals to |
27 | participate in a gaming junket to a licensed facility, |
28 | regardless of whether the activities of the individual occur |
29 | within this Commonwealth. |
30 | "Gaming school." Any educational institution approved by the |
|
1 | Department of Education as an accredited college or university, |
2 | community college, Pennsylvania private licensed school or its |
3 | equivalent and whose curriculum guidelines are approved by the |
4 | Department of Labor and Industry to provide education and job |
5 | training related to employment opportunities associated with |
6 | slot machines or table games, including slot machine, table game |
7 | device and associated equipment maintenance and repair. |
8 | "Gaming service provider." A person that is not required to |
9 | be licensed as a manufacturer, supplier, management company or |
10 | gaming junket enterprise and: |
11 | (1) provides goods or services to a slot machine |
12 | licensee or an applicant for a slot machine license for use |
13 | in the operation of a licensed facility; or |
14 | (2) provides goods or services at a licensed facility. |
15 | "Gross table game revenue." The total of: |
16 | (1) Cash or cash equivalents received in the playing of |
17 | a table game minus the total of: |
18 | (i) Cash or cash equivalents paid to players as a |
19 | result of playing a table game. |
20 | (ii) Cash or cash equivalents paid to purchase |
21 | annuities to fund prizes payable to players over a period |
22 | of time as a result of playing a table game. |
23 | (iii) The actual cost paid by the certificate holder |
24 | for any personal property distributed to a player as a |
25 | result of playing a table game. This does not include |
26 | travel expenses, food, refreshments, lodging or services. |
27 | (2) Contest or tournament fees or payments, including |
28 | entry fees, buy-ins, re-buys and administrative fees, imposed |
29 | by a certificate holder to participate in a table game |
30 | contest or tournament, less cash paid or actual cost paid by |
|
1 | a certificate holder for prizes awarded to the contest or |
2 | tournament winners. |
3 | (3) The total amount of the rake collected by a |
4 | certificate holder. |
5 | The term does not include counterfeit cash or chips; coins or |
6 | currency of other countries received in the playing of a table |
7 | game, except to the extent that the coins or currency are |
8 | readily convertible to cash; or cash taken in a fraudulent act |
9 | perpetrated against a certificate holder for which the |
10 | certificate holder is not reimbursed. |
11 | "Gross terminal revenue." The total of cash or cash |
12 | equivalent wagers received by a slot machine minus the total of: |
13 | (1) Cash or cash equivalents paid out to [patrons] |
14 | players as a result of playing a slot machine [which are paid |
15 | to patrons either manually], whether paid manually or or paid |
16 | out by the slot machine. |
17 | (2) Cash or cash equivalents paid to purchase annuities |
18 | to fund prizes payable to [patrons] players over a period of |
19 | time as a result of playing a slot machine. |
20 | (3) Any personal property distributed to a [patron as |
21 | the] player as a result of playing a slot machine. This does |
22 | not include travel expenses, food, refreshments, lodging or |
23 | services. |
24 | (4) Cash received as entry fees for slot machine |
25 | contests or tournaments in which players compete for prizes. |
26 | The term does not include counterfeit [money] cash or tokens[,]; |
27 | coins or currency of other countries [which are] received in |
28 | slot machines, except to the extent that [they] the coins or |
29 | currency are readily convertible to [United States currency,] |
30 | cash; or cash taken in a fraudulent [acts] act perpetrated |
|
1 | against a slot machine licensee for which the licensee is not |
2 | reimbursed [or cash received as entry fees for contests or |
3 | tournaments in which the patrons compete for prizes]. |
4 | * * * |
5 | "Hotel." As follows: |
6 | (1) Except as provided under paragraph (2), one or more |
7 | buildings owned or operated by a certificate holder which is |
8 | attached to, physically connected to or adjacent to the |
9 | certificate holder's licensed facility in which members of |
10 | the public may, for a consideration, obtain sleeping |
11 | accommodations. |
12 | (2) When the term is used in section 1305 (relating to |
13 | Category 3 slot machine license), a building or buildings in |
14 | which members of the public may, for a consideration, obtain |
15 | sleeping accommodations. |
16 | * * * |
17 | "Key employee." Any individual who is employed in a director |
18 | or department head capacity and who is empowered to make |
19 | discretionary decisions that regulate slot machine or table game |
20 | operations, including the general manager and assistant manager |
21 | of the licensed facility, director of slot operations, director |
22 | of table game operations, director of cage and/or credit |
23 | operations, director of surveillance, director of marketing, |
24 | director of management information systems, director of |
25 | security, comptroller and any employee who is not otherwise |
26 | designated as a gaming employee and who supervises the |
27 | operations of these departments or to whom these department |
28 | directors or department heads report and such other positions |
29 | not otherwise designated or defined under this part which the |
30 | Pennsylvania Gaming Control Board shall determine based on |
|
1 | detailed analyses of job descriptions as provided in the |
2 | internal controls of the licensee as approved by the |
3 | Pennsylvania Gaming Control Board. All other gaming employees |
4 | unless otherwise designated by the Pennsylvania Gaming Control |
5 | Board shall be classified as non-key employees. |
6 | "Law enforcement authority." The power to conduct |
7 | investigations of or to make arrests for criminal offenses. |
8 | * * * |
9 | "Licensed entity representative." A person, including an |
10 | attorney, agent or lobbyist, acting on behalf of or authorized |
11 | to represent the interest of any applicant, licensee, permittee |
12 | or other person authorized by the Pennsylvania Gaming Control |
13 | Board to engage in any act or activity which is regulated under |
14 | the provisions of this part regarding any matter before, or |
15 | which may reasonably be expected to come before, the |
16 | Pennsylvania Gaming Control Board. |
17 | "Licensed facility." The physical land-based location at |
18 | which a licensed gaming entity is authorized to place and |
19 | operate slot machines and, if authorized by the Pennsylvania |
20 | Gaming Control Board under Chapter 13A (relating to table |
21 | games), to conduct table games. The term includes any: |
22 | (1) area of a licensed racetrack authorized pursuant to |
23 | section 1207(17) (relating to regulatory authority of board) |
24 | to operate slot machines; |
25 | (2) board-approved interim facility or temporary |
26 | facility; and |
27 | (3) area of a hotel which the Pennsylvania Gaming |
28 | Control Board determines is suitable to conduct table games. |
29 | * * * |
30 | "Manufacturer." A person who manufactures, builds, rebuilds, |
|
1 | fabricates, assembles, produces, programs, designs or otherwise |
2 | makes modifications to any slot machine, table game device or |
3 | associated equipment for use or play of slot machines or table |
4 | games in this Commonwealth for gaming purposes. |
5 | "Manufacturer license." A license issued by the Pennsylvania |
6 | Gaming Control Board authorizing a manufacturer to manufacture |
7 | or produce slot machines, table game devices or associated |
8 | equipment for use in this Commonwealth for gaming purposes. |
9 | * * * |
10 | "Municipal authority." A body politic and corporate created |
11 | under the former act of June 28, 1935 (P.L.463, No.191), known |
12 | as the Municipality Authorities Act of one thousand nine hundred |
13 | and thirty-five, the former act of May 2, 1945 (P.L.382, |
14 | No.164), known as the Municipality Authorities Act of 1945, the |
15 | act of July 29, 1953 (P.L.1034, No.270), known as the Public |
16 | Auditorium Authorities Law or 53 Pa.C.S. Ch. 56 (relating to |
17 | municipal authorities). |
18 | * * * |
19 | "Nonbanking game." Any table game in which a player competes |
20 | against another player and in which the certificate holder |
21 | collects a rake. |
22 | * * * |
23 | "Party." The Bureau of Investigations and Enforcement of the |
24 | Pennsylvania Gaming Control Board or any applicant, licensee, |
25 | permittee, registrant or other person appearing of record in any |
26 | proceeding before the Pennsylvania Gaming Control Board. |
27 | * * * |
28 | "Player." An individual wagering cash, cash equivalent or |
29 | other thing of value in the play or operation of a slot machine |
30 | or table game, including during a contest or tournament, the |
|
1 | play or operation of which may deliver or entitle the individual |
2 | playing or operating the slot machine or table game to receive |
3 | cash, cash equivalent or other thing of value from another |
4 | player or a slot machine licensee. |
5 | * * * |
6 | "Rake." A set fee or percentage assessed by a certificate |
7 | holder for providing the services of a dealer, gaming table or |
8 | location, for playing any nonbanking game. |
9 | * * * |
10 | "Slot machine." Any mechanical [or], electrical or |
11 | computerized contrivance, terminal, machine or other device |
12 | approved by the Pennsylvania Gaming Control Board which, upon |
13 | insertion of a coin, bill, ticket, token or similar object |
14 | therein or upon payment of any consideration whatsoever, |
15 | including the use of any electronic payment system except a |
16 | credit card or debit card, is available to play or operate, the |
17 | play or operation of which, whether by reason of skill or |
18 | application of the element of chance or both, may deliver or |
19 | entitle the person or persons playing or operating the |
20 | contrivance, terminal, machine or other device to receive cash, |
21 | billets, tickets, tokens or electronic credits to be exchanged |
22 | for cash or to receive merchandise or anything of value |
23 | whatsoever, whether the payoff is made automatically from the |
24 | machine or manually. A slot machine: |
25 | (1) May utilize spinning reels or video displays or |
26 | both. |
27 | (2) May or may not dispense coins, tickets or tokens to |
28 | winning patrons. |
29 | (3) May use an electronic credit system for receiving |
30 | wagers and making payouts. |
|
1 | The term shall include associated equipment necessary to conduct |
2 | the operation of the contrivance, terminal, machine or other |
3 | device. |
4 | * * * |
5 | "Supplier." A person that sells, leases, offers or otherwise |
6 | provides, distributes or services any slot machine, table game |
7 | device or associated equipment for use or play of slot machines |
8 | or table games in this Commonwealth. |
9 | "Supplier license." A license issued by the Pennsylvania |
10 | Gaming Control Board authorizing a supplier to provide products |
11 | or services related to slot machines, table game devices or |
12 | associated equipment to slot machine licensees for use in this |
13 | Commonwealth for gaming purposes. |
14 | * * * |
15 | "Suspicious transaction." The acceptance or redemption by a |
16 | person of cash or a cash equivalent involving or aggregating |
17 | $5,000 or more which a slot machine licensee or employee of a |
18 | slot machine licensee knows, suspects or has reason to believe: |
19 | (1) involves funds derived from illegal activities or is |
20 | intended or conducted in order to conceal or disguise funds |
21 | or assets derived from illegal activities; |
22 | (2) is part of a plan to violate or evade any law or |
23 | regulation or to avoid any transaction reporting requirement |
24 | under the laws or regulations of this Commonwealth or the |
25 | United States, including a plan to structure a series of |
26 | transactions to avoid any transaction reporting requirement |
27 | under the laws or regulations of this Commonwealth or the |
28 | United States; or |
29 | (3) has no lawful business or other apparent lawful |
30 | purpose or is not the type of transaction in which a person |
|
1 | would normally be expected to engage and the slot machine |
2 | licensee or employee knows of no reasonable explanation for |
3 | the transaction after examining the available facts, |
4 | including the background and possible purpose of the |
5 | transaction. |
6 | "Table game." Any banking or nonbanking game approved by the |
7 | Pennsylvania Gaming Control Board. The term includes roulette, |
8 | baccarat, blackjack, poker, craps, big six wheel, mini-baccarat, |
9 | red dog, pai gow, twenty-one, casino war, acey-ducey, sic bo, |
10 | chuck-a-luck, fan-tail, panguingui, chemin de fer, Asia poker, |
11 | Boston 5 stud poker, Caribbean stud poker, Colorado hold 'em |
12 | poker, double attack blackjack, double cross poker, double down |
13 | stud poker, fast action hold 'em, flop poker, four card poker, |
14 | let it ride poker, mini-craps, mini-dice, pai gow poker, |
15 | pokette, Spanish 21, Texas hold 'em bonus poker, three card |
16 | poker, two card joker poker, ultimate Texas hold 'em, winner's |
17 | pot poker and any other banking or nonbanking game. The term |
18 | shall not include: |
19 | (1) Lottery games of the Pennsylvania State Lottery as |
20 | authorized under the act of August 26, 1971 (P.L.351, No.91), |
21 | known as the State Lottery Law. |
22 | (2) Bingo as authorized under the act of July 10, 1981 |
23 | (P.L.214, No.67), known as the Bingo Law. |
24 | (3) Pari-mutuel betting on the outcome of thoroughbred |
25 | or harness horse racing as authorized under the act of |
26 | December 17, 1981 (P.L.435, No.135), known as the Race Horse |
27 | Industry Reform Act. |
28 | (4) Small games of chance as authorized under the act of |
29 | December 19, 1988 (P.L.1262, No.156), known as the Local |
30 | Option Small Games of Chance Act. |
|
1 | (5) Slot machine gaming and progressive slot machine |
2 | gaming as defined and authorized under this part. |
3 | (6) Keno. |
4 | "Table game device." Includes gaming tables, cards, dice, |
5 | chips, shufflers, tiles, dominoes, wheels, drop boxes or any |
6 | mechanical, electrical or computerized contrivance, terminal, |
7 | machine or other device, apparatus, equipment or supplies |
8 | approved by the Pennsylvania Gaming Control Board and used to |
9 | conduct a table game. |
10 | "Table game operation certificate." A certificate awarded by |
11 | the Pennsylvania Gaming Control Board under Chapter 13A |
12 | (relating to table games) that authorizes a slot machine |
13 | licensee to conduct table games in accordance with this part. |
14 | "Tournament." An organized series of contests approved by |
15 | the Pennsylvania Gaming Control Board in which an overall winner |
16 | is ultimately determined. |
17 | "Trustee." A person appointed by the Pennsylvania Gaming |
18 | Control Board under section 1332 (relating to appointment of |
19 | trustee) to manage and control the operations of a licensed |
20 | facility and who has the fiduciary responsibility to make |
21 | decisions to preserve the viability of a licensed facility and |
22 | the integrity of gaming in this Commonwealth. |
23 | * * * |
24 | Section 3. Section 1201(f)(3), (h)(5), (7.1), (10), (11), |
25 | (13), (14) and (15) and (k) of Title 4 are amended, subsection |
26 | (h) is amended by adding paragraphs and the section is amended |
27 | by adding a subsection to read: |
28 | § 1201. Pennsylvania Gaming Control Board established. |
29 | * * * |
30 | (f) Qualified majority vote.-- |
|
1 | * * * |
2 | (3) Notwithstanding any other provision of this part or |
3 | 65 Pa.C.S. § 1103(j) (relating to restricted activities), a |
4 | member shall disclose the nature of his disqualifying |
5 | interest, disqualify himself and abstain from voting in a |
6 | hearing or proceeding under this part in which his |
7 | objectivity, impartiality, integrity or independence of |
8 | judgment may be reasonably questioned, as provided in |
9 | subsection (h)(6) or section 1202.1(c)(3) (relating to code |
10 | of conduct). If a legislative appointee has disqualified |
11 | himself, the qualified majority shall consist of all of the |
12 | remaining legislative appointees and at least two |
13 | gubernatorial appointees. |
14 | * * * |
15 | (h) Qualifications and restrictions.-- |
16 | * * * |
17 | (4.1) No member shall engage in any business, employment |
18 | or vocation for which the member receives a salary, |
19 | compensation or fee for services rendered which is in excess |
20 | of 15% of the member's gross annual salary as a member of the |
21 | board. For purposes of this paragraph, the terms "salary," |
22 | "compensation" and "fee" do not include any of the following: |
23 | (i) Passive or unearned income, including interest, |
24 | dividends or capital gains from the sale of assets or |
25 | securities held for investment purposes. |
26 | (ii) Health care benefits or retirement, pension or |
27 | annuity payments. |
28 | (iii) Amounts received from a family-controlled |
29 | trade or business in which both personal services and |
30 | capital are income-producing factors, provided that the |
|
1 | personal services actually rendered by the member do not |
2 | generate a significant amount of income. |
3 | (iv) Director's fees attributable to board |
4 | membership of a corporate or nonprofit body or board or |
5 | reimbursement for expenses incurred in connection with |
6 | board membership. |
7 | (5) No member shall be paid or receive any fee or other |
8 | compensation for any activity related to the duties or |
9 | authority of the board other than salary and expenses |
10 | provided by law [for any activity related to the duties or |
11 | authority of the board. Nothing in this part shall prohibit a |
12 | member from engaging in any employment or receiving any |
13 | compensation for such employment that is not connected to or |
14 | incompatible with his service as a member of the board]. |
15 | * * * |
16 | (7.1) Prior to being sworn as a member, an appointee and |
17 | his immediate family shall divest any financial interest in |
18 | any applicant, licensed facility or licensed entity and in an |
19 | affiliate, intermediary, subsidiary or holding company |
20 | thereof owned or held by the appointee or known to be held by |
21 | the appointee's immediate family. For the duration of the |
22 | member's term and for [one year] two years thereafter, the |
23 | member and the member's immediate family may not acquire a |
24 | financial interest in any applicant, licensed facility or |
25 | licensed entity or in an affiliate, intermediary, subsidiary |
26 | or holding company [thereof] of an applicant, licensed |
27 | facility or licensed entity. For purposes of this paragraph, |
28 | the term "immediate family" shall mean spouse and any minor |
29 | or unemancipated child. |
30 | * * * |
|
1 | (10) No former member may appear before the board in any |
2 | hearing or proceeding or participate in any other activity on |
3 | behalf of any applicant, licensed entity, or an affiliate, |
4 | intermediary, subsidiary or holding company [thereof] of an |
5 | applicant or licensed entity, or any other licensee or |
6 | permittee, for a period of two years from the termination of |
7 | term of office. |
8 | (11) No member, employee of the board or independent |
9 | contractor [of the board] shall accept a complimentary |
10 | service, wager or be paid any prize from any wager at any |
11 | licensed facility within this Commonwealth or at any other |
12 | facility outside this Commonwealth which is owned or operated |
13 | by a licensed gaming entity or any of its affiliates, |
14 | intermediaries, subsidiaries or holding companies [thereof] |
15 | for the duration of their term of office, employment or |
16 | contract with the board and for a period of one year from the |
17 | termination of term of office, employment or contract with |
18 | the board. The provisions of this paragraph prohibiting |
19 | wagering during the term of employment shall not apply to |
20 | employees [who utilize] or independent contractors while |
21 | utilizing slot machines or table game devices for testing |
22 | purposes or [to verify] while verifying the performance of a |
23 | slot machine or table game as part of an enforcement |
24 | investigation. |
25 | * * * |
26 | (13) No employee of the board [or individual employed by |
27 | an independent contractor of the board] whose duties |
28 | substantially involve licensing[,] or enforcement [or], the |
29 | development [or adoption] of laws, or the development or |
30 | adoption of regulations or policy related to gaming under |
|
1 | this part or who has other discretionary authority which may |
2 | affect the outcome of an action, proceeding or decision under |
3 | this part, including the executive director, bureau directors |
4 | and attorneys, shall do any of the following: |
5 | (i) [accept] Accept employment with or be retained |
6 | by an applicant or licensed entity, or an affiliate, |
7 | intermediary, subsidiary or holding company [thereof] of |
8 | an applicant or licensed entity, for a period of [one |
9 | year after] two years following the termination of [the] |
10 | employment [relating to the conduct of gaming or contract |
11 | with the board; or]. |
12 | (ii) [appear] Appear before the board in any hearing |
13 | or proceeding or participate in any other activity on |
14 | behalf of any applicant, licensee, permittee or licensed |
15 | entity, or an affiliate, intermediary, subsidiary or |
16 | holding company [thereof] of an applicant, licensee or |
17 | licensed entity, for a period of two years after |
18 | termination of [the] employment [or contract with the |
19 | board]. |
20 | As a condition of employment, an individual subject to this |
21 | paragraph shall sign an affidavit that the individual will |
22 | not accept employment with or be retained by any applicant or |
23 | licensed entity, or an affiliate, intermediary, subsidiary or |
24 | holding company of an applicant or licensed entity, for a |
25 | period of two years following the termination of employment. |
26 | If an employee of the board refuses or otherwise fails to |
27 | sign the affidavit, the board shall terminate the employment. |
28 | An applicant or licensed entity, or an affiliate, |
29 | intermediary, subsidiary or holding company of an applicant |
30 | or licensed entity, shall not employ or retain an individual |
|
1 | who signed an affidavit required by this paragraph until the |
2 | expiration of the two-year period required by this paragraph |
3 | for the acceptance of employment. An applicant or licensed |
4 | entity, or an affiliate, intermediary, subsidiary or holding |
5 | company of an applicant or licensed entity, that knowingly |
6 | employs or retains an individual in violation of this |
7 | paragraph shall terminate the employment of the individual |
8 | and be subject to a penalty under section 1518(c) (relating |
9 | to prohibited acts; penalties). |
10 | (13.1) No independent contractor or employee of an |
11 | independent contractor whose duties substantially involve |
12 | consultation relating to licensing, enforcement or the |
13 | development or adoption of regulations or policy related to |
14 | gaming under this part shall: |
15 | (i) Accept employment with or be retained by an |
16 | applicant or licensed entity, or an affiliate, |
17 | intermediary, subsidiary or holding company of an |
18 | applicant or licensed entity, for a period of one year |
19 | after the termination of the contract with the board. |
20 | (ii) Appear before the board in any hearing or |
21 | proceeding or participate in any other activity on behalf |
22 | of an applicant, licensee, permittee or licensed entity, |
23 | or an affiliate, intermediary, subsidiary or holding |
24 | company of an applicant, licensee or licensed entity, for |
25 | a period of two years after termination of employment |
26 | with the independent contractor or termination of the |
27 | contract with the board. |
28 | Each contract between the board and an independent contractor |
29 | shall contain a provision requiring the independent |
30 | contractor and each employee of the independent contractor |
|
1 | subject to this paragraph to sign an affidavit to not accept |
2 | employment with or be retained by any applicant or licensed |
3 | entity, or an affiliate, intermediary, subsidiary or holding |
4 | company of an applicant or licensed entity, for a period of |
5 | one year following the termination of the contract with the |
6 | board or one year following termination of employment with |
7 | the independent contractor, as the case may be. If an |
8 | independent contractor or an employee of an independent |
9 | contractor refuses or otherwise fails to sign the affidavit, |
10 | the board shall terminate the contract. An applicant or |
11 | licensed entity, or an affiliate, intermediary, subsidiary or |
12 | holding company of an applicant or licensed entity, shall not |
13 | employ or retain an individual who signed an affidavit |
14 | required by this paragraph until the expiration of the one- |
15 | year period required by this paragraph for the acceptance of |
16 | employment. An applicant or licensed entity, or an affiliate, |
17 | intermediary, subsidiary or holding company of an applicant |
18 | or licensed entity, that knowingly employs or retains an |
19 | individual in violation of this paragraph shall terminate the |
20 | employment of the individual and be subject to a penalty |
21 | under section 1518(c). |
22 | (13.2) Nothing under paragraph (13) or (13.1) shall |
23 | prevent a current or former employee of the board, a current |
24 | or former independent contractor or a current or former |
25 | employee of an independent contractor from appearing before |
26 | the board in any hearing or proceeding as a witness or |
27 | testifying as to any fact or information. |
28 | (14) [Upon the written request of an employee of the |
29 | board, the executive branch of the Commonwealth or a |
30 | political subdivision or of the agency or political |
|
1 | subdivision employing an employee, the State Ethics |
2 | Commission shall determine whether the individual's duties |
3 | substantially involve the development or adoption of |
4 | regulations or policy, licensing or enforcement under this |
5 | part and shall provide a written determination to the |
6 | employee to include any prohibition under this paragraph. An |
7 | individual who] The State Ethics Commission shall issue a |
8 | written determination of whether a person is subject to |
9 | paragraph (13) or (13.1) upon the written request of the |
10 | person or the person's employer or potential employer. A |
11 | person that relies in good faith on a determination issued |
12 | under this paragraph shall not be subject to any penalty for |
13 | an action taken, provided that all material facts set forth |
14 | in the request for [a] the determination are correct. |
15 | (14.1) The State Ethics Commission shall publish a list |
16 | of all employment positions within the board and employment |
17 | positions within independent contractors whose duties would |
18 | subject the individuals in those positions to the provisions |
19 | of paragraphs (13) and (13.1). The board and each independent |
20 | contractor shall assist the State Ethics Commission in the |
21 | development of the list, which shall be published by the |
22 | State Ethics Commission in the Pennsylvania Bulletin |
23 | biennially and posted by the board on the board's Internet |
24 | website. Upon request, employees of the board and each |
25 | independent contractor shall have a duty to provide the State |
26 | Ethics Commission with adequate information to accurately |
27 | develop and maintain the list. The State Ethics Commission |
28 | may impose a civil penalty under 65 Pa.C.S. § 1109(f) |
29 | (relating to penalties) upon an individual who fails to |
30 | cooperate with the State Ethics Commission under this |
|
1 | paragraph. An individual who relies in good faith on the list |
2 | published by the State Ethics Commission shall not be subject |
3 | to any penalty for a violation of paragraph (13) or (13.1). |
4 | (15) If a member[, employee or independent contractor] |
5 | of the board violates any provision of this section, the |
6 | appointing authority [or the board may, upon notice and |
7 | hearing,] may remove the person from the board[, withdraw the |
8 | appointment or terminate the employment or contract, and the |
9 | person shall be ineligible for future appointment, employment |
10 | or contract with the board and for approval of a license or |
11 | permit under this part for a period of two years thereafter]. |
12 | A member removed under this paragraph shall, for a period of |
13 | five years following removal, be prohibited from future |
14 | appointment to the board and shall be prohibited from |
15 | applying for a license, permit or other authorization under |
16 | this part and from becoming an independent contractor or |
17 | registering as a licensed entity representative. |
18 | * * * |
19 | (k) Appointments.--The appointing authorities shall make |
20 | their initial appointments within 60 days of the effective date |
21 | of this part. Appointments to fill a vacancy shall be made |
22 | within 60 days of the creation of the vacancy. No appointment |
23 | shall be final until receipt by the appointing authority of the |
24 | required background investigation of the appointee by the |
25 | Pennsylvania State Police which shall be completed within 30 |
26 | days. No person who has been convicted in any domestic or |
27 | foreign jurisdiction of a felony, infamous crime or gaming |
28 | offense shall be appointed to the board. |
29 | * * * |
30 | (m.1) Budgetary impasse.--If, in the event of a budgetary or |
|
1 | other fiscal crisis, the Governor orders the furlough of |
2 | Commonwealth employees, the board and its employees and all |
3 | employees of the department and the Pennsylvania State Police |
4 | whose duties involve the regulation and oversight of gaming |
5 | under this part shall not be subject to furlough and shall |
6 | continue to perform their duties of employment. |
7 | * * * |
8 | Section 3.1. Section 1201.1(a)(1) of Title 4 is amended to |
9 | read: |
10 | § 1201.1. Applicability of other statutes. |
11 | (a) General rule.--The following acts shall apply to the |
12 | board: |
13 | (1) The act of [June 21, 1957 (P.L.390, No.212), |
14 | referred to] February 14, 2008 (P.L.6, No.3), known as the |
15 | Right-to-Know Law. |
16 | * * * |
17 | Section 4. Section 1202(a)(1) and (2) and (b)(7), (20) and |
18 | (23) of Title 4 are amended and subsection (b) is amended by |
19 | adding paragraphs to read: |
20 | § 1202. General and specific powers. |
21 | (a) General powers.-- |
22 | (1) The board shall have general and sole regulatory |
23 | authority over the conduct of gaming or related activities as |
24 | described in this part. The board shall ensure the integrity |
25 | of the acquisition and operation of slot machines, table |
26 | games, table game devices and associated equipment and shall |
27 | have sole regulatory authority over every aspect of the |
28 | authorization [and], operation and play of slot machines and |
29 | table games. |
30 | (2) The board shall employ individuals as necessary to |
|
1 | carry out the powers and duties of the board, who shall serve |
2 | at the board's pleasure. An employee of the board shall be |
3 | considered a State employee for purposes of 71 Pa.C.S. Pt. |
4 | XXV (relating to retirement for State employees and |
5 | officers). For the purposes of this paragraph, the board |
6 | shall not be considered an executive or independent agency |
7 | under the act of October 15, 1980 (P.L.950, No.164), known as |
8 | the Commonwealth Attorneys Act. The board shall not take |
9 | final action to fill any vacancy in the position of executive |
10 | director of the board, director of the bureau, chief counsel |
11 | of the board or director of the Office of Enforcement Counsel |
12 | until receipt and review of the results of the individual's |
13 | background investigation under section 1517(c)(1.1) (relating |
14 | to investigations and enforcement). |
15 | * * * |
16 | (b) Specific powers.--The board shall have the specific |
17 | power and duty: |
18 | * * * |
19 | (7) To administer oaths, examine witnesses and issue |
20 | subpoenas compelling the attendance of witnesses or the |
21 | production of documents and records or other evidence[. The |
22 | provisions of this paragraph shall apply to designated |
23 | officers and employees.], or to designate officers or |
24 | employees to perform these duties. |
25 | * * * |
26 | (12.1) At its discretion, to award, revoke, suspend, |
27 | condition or deny a table game operation certificate to a |
28 | slot machine licensee in accordance with Chapter 13A |
29 | (relating to table games). |
30 | * * * |
|
1 | (20) In addition to the power of the board regarding |
2 | license and permit applicants, to determine at its discretion |
3 | the suitability of any person who furnishes or seeks to |
4 | furnish to a slot machine licensee directly or indirectly any |
5 | goods, services or property related to slot machines, table |
6 | games, table game devices or associated equipment or through |
7 | any arrangements under which that person receives payment |
8 | based directly or indirectly on earnings, profits or receipts |
9 | from the slot machines, table games, table game devices and |
10 | associated equipment. The board may require any such person |
11 | to comply with the requirements of this part and the |
12 | regulations of the board and may prohibit the person from |
13 | furnishing the services or property. |
14 | * * * |
15 | (23) The board shall not approve an application for or |
16 | issue or renew a license, certificate, registration or permit |
17 | unless it is satisfied that the applicant has demonstrated by |
18 | clear and convincing evidence that the applicant is a person |
19 | of good character, honesty and integrity and is a person |
20 | whose prior activities, criminal record, if any, reputation, |
21 | habits and associations do not pose a threat to the public |
22 | interest or the effective regulation and control of slot |
23 | machine or table game operations or create or enhance the |
24 | danger of unsuitable, unfair or illegal practices, methods |
25 | and activities in the conduct of slot machine or table game |
26 | operations or the carrying on of the business and financial |
27 | arrangements incidental thereto. |
28 | * * * |
29 | (27.1) To publish each January in the Pennsylvania |
30 | Bulletin and on the Pennsylvania Gaming Control Board's |
|
1 | Internet website a complete list of all slot machine |
2 | licensees who filed a petition seeking authorization to |
3 | conduct table games and the status of each petition or table |
4 | game operation certificate. |
5 | * * * |
6 | (31) To collect and post information on its Internet |
7 | website with sufficient detail to inform the public of each |
8 | person with a controlling interest or ownership interest in |
9 | an applicant for a slot machine license or a licensed gaming |
10 | entity, or affiliate, intermediary, subsidiary or holding |
11 | company of an applicant or licensed gaming entity. The |
12 | posting shall include: |
13 | (i) If the applicant or licensed gaming entity, or |
14 | any affiliate, intermediary, subsidiary or holding |
15 | company of the applicant or licensed gaming entity, is a |
16 | publicly traded domestic or foreign corporation, |
17 | partnership, limited liability company or other legal |
18 | entity, the names of all persons with a controlling |
19 | interest. |
20 | (ii) If the applicant or licensed gaming entity, or |
21 | any affiliate, intermediary, subsidiary or holding |
22 | company of the applicant or licensed gaming entity, is a |
23 | privately held domestic or foreign corporation, |
24 | partnership, limited liability company or other legal |
25 | entity, the names of all persons with an ownership |
26 | interest equal to or greater than 1%. |
27 | (iii) The name of any person entitled to cast the |
28 | vote of a person named under subparagraph (i) or (ii). |
29 | (iv) The names of all officers, directors and |
30 | principals of the applicant or licensed gaming entity. |
|
1 | (32) To appoint a trustee as prescribed in section 1332 |
2 | (relating to appointment of trustee). |
3 | (33) To adopt regulations governing the postemployment |
4 | limitations and restrictions applicable to members and to |
5 | employees of the board subject to section 1201(h)(13) |
6 | (relating to Pennsylvania Gaming Control Board established). |
7 | In developing these regulations, the board may consult with |
8 | the State Ethics Commission, other governmental agencies and |
9 | the disciplinary board of the Supreme Court of Pennsylvania |
10 | regarding postemployment limitations and restrictions on |
11 | members and employees of the board who are members of the |
12 | Pennsylvania Bar. |
13 | (34) To review detailed site plans identifying a |
14 | petitioner's proposed table game area within a licensed |
15 | facility to determine the adequacy of the proposed internal |
16 | and external security and proposed surveillance measures. |
17 | Section 5. Section 1202.1 of Title 4 is amended to read: |
18 | § 1202.1. Code of conduct. |
19 | (a) Scope.--The board shall adopt a comprehensive code of |
20 | conduct prior to the consideration of any license, permit or |
21 | registration application. The code of conduct shall supplement |
22 | all other requirements under this part and 65 Pa.C.S. Pt. II |
23 | (relating to accountability) and shall provide guidelines |
24 | applicable to members, employees of the board, independent |
25 | contractors [of the board] and the immediate [families] family |
26 | of the members, employees and independent contractors to enable |
27 | them to avoid any perceived or actual conflict of interest and |
28 | to promote public confidence in the integrity and impartiality |
29 | of the board. At a minimum, the code of conduct adopted under |
30 | this section shall include registration of licensed entity |
|
1 | representatives under subsection (b) and the restrictions under |
2 | [subsection (c)] subsections (c) and (c.1). |
3 | (b) Registration.-- |
4 | (1) A licensed entity representative shall register with |
5 | the board in a manner prescribed by the board, which shall |
6 | include the name, employer or firm, business address[,] and |
7 | business telephone number of both the licensed entity |
8 | representative and [the] any licensed entity, applicant for |
9 | licensure or other person being represented. |
10 | (2) A licensed entity representative shall have an |
11 | [ongoing] affirmative duty to update its registration |
12 | information on an ongoing basis and failure to do so shall be |
13 | punishable by the board. |
14 | (3) The [registration list] board shall maintain a |
15 | registration list which shall contain the information |
16 | required under paragraph (1) and which shall be available for |
17 | public inspection at the offices of the board and on the |
18 | board's Internet website. |
19 | (c) Restrictions.--[A] In addition to the other prohibitions |
20 | contained in this part, a member [of the board] shall: |
21 | (1) [Not engage in any ex parte communication with any |
22 | person.] (Reserved). |
23 | (2) Not accept any discount, gift, gratuity, |
24 | compensation, travel, lodging or other thing of value, |
25 | directly or indirectly, from any applicant[, licensee,]; |
26 | licensed entity; affiliate, subsidiary, or intermediary of an |
27 | applicant or a licensed entity; permittee[,]; registrant; or |
28 | licensed entity representative [thereof]. |
29 | (3) Disclose and [disqualify] recuse himself from any |
30 | hearing or other proceeding in which the member's |
|
1 | objectivity, impartiality, integrity or independence of |
2 | judgment may be reasonably questioned due to the member's |
3 | relationship or association with a party connected to any |
4 | hearing or proceeding or a person appearing before the board. |
5 | (4) Refrain from any financial or business dealing which |
6 | would tend to reflect adversely on the member's objectivity, |
7 | impartiality or independence of judgment. |
8 | (5) Not hold or campaign for public office, hold an |
9 | office in any political party or political committee as |
10 | defined in section 1513(d) (relating to political influence), |
11 | contribute to or solicit contributions to a political |
12 | campaign, [party,] political party, political committee or |
13 | candidate, publicly endorse a candidate or actively |
14 | participate in a political campaign. |
15 | (6) Not solicit funds for any charitable, educational, |
16 | religious, health, fraternal, civic or other nonprofit entity |
17 | from [an] any applicant, licensed entity, party, permittee, |
18 | registrant or licensed entity representative, or from any |
19 | affiliate, subsidiary, intermediary or holding company of [a] |
20 | any applicant, licensed entity, [interested] party or |
21 | licensed entity representative. [A board] Subject to the |
22 | provisions of section 1201(h)(4.1), a member may serve as an |
23 | officer, employee or member of the governing body of a |
24 | nonprofit entity and may attend, make personal contributions |
25 | to and plan or preside over the entity's fundraising events. |
26 | A [board] member may permit his name to appear on the |
27 | letterhead used for fundraising events if the letterhead |
28 | contains only the [board] member's name and position with the |
29 | nonprofit entity. |
30 | (7) Not meet or engage in discussions with any |
|
1 | applicant, [person licensed under this part or a] licensed |
2 | entity, permittee, registrant, licensed entity |
3 | representative, person who provides goods, property or |
4 | services to a slot machine licensee or any other person or |
5 | entity under the jurisdiction of the board unless the meeting |
6 | or discussion occurs on the business premises of the board |
7 | and is recorded in a log [maintained for this purpose]. The |
8 | log shall be available for public inspection during the |
9 | regular business hours of the board and shall be posted on |
10 | the board's Internet website. The log shall include the date |
11 | and time of the meeting or discussion, the names of the |
12 | participants and the subject discussed. The provisions of |
13 | this paragraph shall not apply to meetings [of the board] to |
14 | consider matters requiring the physical inspection of the |
15 | equipment or premises of an applicant or a licensed entity |
16 | [at their location] provided the meeting is entered in the |
17 | log. |
18 | (8) Avoid impropriety and the appearance of impropriety |
19 | at all times and observe standards and conduct that promote |
20 | public confidence in the oversight of gaming. |
21 | (9) Comply with any other laws, rules or regulations |
22 | relating to the conduct of a member. |
23 | (c.1) Ex parte communications.-- |
24 | (1) No member or hearing officer of the board shall |
25 | engage in any ex parte communication with any person. No |
26 | attorney of the Office of Chief Counsel advising the board on |
27 | a particular licensing issue or proceeding shall engage in |
28 | any ex parte communication with any person. |
29 | (2) No attorney representing the bureau or the Office of |
30 | Enforcement Counsel or an applicant, licensee or permittee in |
|
1 | any proceeding, shall engage in an ex parte communication |
2 | with a member, an attorney of the Office of Chief Counsel who |
3 | is advising the board on a proceeding or a hearing officer of |
4 | the board. |
5 | (3) No employee of the bureau or the Office of |
6 | Enforcement Counsel shall engage in an ex parte communication |
7 | with a member, an attorney of the Office of Chief Counsel who |
8 | is advising the board on a proceeding or a hearing officer of |
9 | the board. |
10 | (c.2) Procedures relating to ex parte communications.-- |
11 | (1) An ex parte communication received or engaged in by |
12 | a member or hearing officer shall be recorded in a log. The |
13 | log shall be available for public inspection during the |
14 | regular business hours of the board and shall be posted on |
15 | the board's Internet website. The log shall include: |
16 | (i) The name of the individual documenting the ex |
17 | parte communication. |
18 | (ii) The date and time of the ex parte |
19 | communication. |
20 | (iii) The names of all individuals involved in the |
21 | ex parte communication. |
22 | (iv) The subject discussed. |
23 | (2) In addition to documenting an ex parte communication |
24 | under paragraph (1), notification of the substance of the |
25 | communication and an opportunity to respond shall be provided |
26 | to all parties to a hearing or other proceeding directly |
27 | affected by the anticipated vote or action of the hearing |
28 | officer or board related to the ex parte communication. |
29 | (3) (i) A member or hearing officer who engaged in or |
30 | received an ex parte communication shall recuse himself |
|
1 | from any hearing or other proceeding related to the ex |
2 | parte communication if the context and substance of the |
3 | ex parte communication creates substantial reasonable |
4 | doubt as to the individual's ability to act objectively, |
5 | independently or impartially. |
6 | (ii) A member or hearing officer who engaged in or |
7 | received an ex parte communication who elects not to |
8 | recuse himself from a hearing or other proceeding shall |
9 | state his reasons for not recusing himself on the record |
10 | prior to the commencement of the hearing or proceeding. |
11 | (iii) If a legislative appointee recuses himself |
12 | from any hearing or other proceeding under this section, |
13 | any qualified majority vote required under this part |
14 | shall consist of all of the remaining legislative |
15 | appointees and at least two gubernatorial appointees. |
16 | (iv) Failure of a hearing officer who engaged in or |
17 | received an ex parte communication to recuse himself from |
18 | a hearing or other proceeding when required under |
19 | subparagraph (i) shall be grounds for appeal to the |
20 | board. |
21 | (v) Failure of a member who engaged in or received |
22 | an ex parte communication to recuse himself from a |
23 | hearing or other proceeding when required under |
24 | subparagraph (i) shall be grounds for appeal to a court |
25 | of competent jurisdiction if the board action being |
26 | appealed could not have occurred without the |
27 | participation of the member. |
28 | (4) This subsection shall not preclude a member from |
29 | consulting with other members individually if the |
30 | consultation complies with 65 Pa.C.S. Ch. 7 (relating to |
|
1 | open meetings) or with employees or independent |
2 | contractors whose functions are to assist the board in |
3 | carrying out its adjudicative functions. |
4 | (d) Ex officio members.--The restrictions under subsection |
5 | (c)(5) shall not apply to ex officio members. |
6 | (e) Definitions.--As used in this section, the following |
7 | words and phrases shall have the meanings given to them in this |
8 | subsection: |
9 | "Ex parte communication." An off-the-record communication |
10 | engaged in or received by a member or [employee] hearing officer |
11 | of the board regarding the merits of or any fact in issue |
12 | relating to a pending matter before the board or hearing officer |
13 | or which may reasonably be expected to come before the board or |
14 | hearing officer in a contested on-the-record proceeding. The |
15 | term shall not include off-the-record communications by or |
16 | between a member or [employee] hearing officer of the board, |
17 | [Department of Revenue] department, Pennsylvania State Police, |
18 | Attorney General or other law enforcement official prior to the |
19 | beginning of the proceeding solely for the purpose of seeking |
20 | clarification or correction to evidentiary materials intended |
21 | for use in the proceedings. The term shall also not include |
22 | communications between the board or a member and the office of |
23 | chief counsel. |
24 | ["Licensed entity representative." A person acting on behalf |
25 | of or representing the interest of any applicant, licensee, |
26 | permittee or registrant, including an attorney, agent or |
27 | lobbyist, regarding any matter which may reasonably be expected |
28 | to come before the board.] |
29 | Section 6. Title 4 is amended by adding a section to read: |
30 | § 1202.2. Expenses of regulatory agencies. |
|
1 | (a) Reimbursement.--Members and employees of the board, |
2 | employees of the department and the Office of Attorney General, |
3 | and troopers and employees of the Pennsylvania State Police, |
4 | whose duties involve the regulation or enforcement of gaming |
5 | under this part who are seeking reimbursement from funds which |
6 | are or will be paid by an applicant for a slot machine license |
7 | or a slot machine licensee or from the assessments made by the |
8 | department under section 1402(a)(relating to gross terminal |
9 | revenue deductions) may be reimbursed only for actual and |
10 | reasonable expenses incurred during the performance of their |
11 | duties under this part. |
12 | (b) Receipts.--In order to receive reimbursement for an |
13 | expense under subsection (a), the individual seeking |
14 | reimbursement must submit a receipt to the appropriate agency |
15 | documenting the expense incurred. Receipts and requests for |
16 | reimbursement shall be financial records for purposes of, and |
17 | subject to redaction under, the act of February 14, 2008 (P.L.6, |
18 | No.3), known as the Right-to-Know Law. |
19 | Section 7. Section 1204 of Title 4 is amended to read: |
20 | § 1204. Licensed gaming entity application appeals from board. |
21 | The Supreme Court of Pennsylvania shall be vested with |
22 | exclusive appellate jurisdiction to consider appeals of any |
23 | final order, determination or decision of the board involving |
24 | the approval, issuance, denial or conditioning of a slot machine |
25 | license or the award, denial or conditioning of a table game |
26 | operation certificate. Notwithstanding the provisions of 2 |
27 | Pa.C.S. Ch. 7 Subch. A (relating to judicial review of |
28 | Commonwealth agency action) and 42 Pa.C.S. § 763 (relating to |
29 | direct appeals from government agencies), the Supreme Court |
30 | shall affirm all final orders, determinations or decisions of |
|
1 | the board involving the approval, issuance, denial or |
2 | conditioning of a slot machine license or the award, denial or |
3 | conditioning of a table game operation certificate unless it |
4 | shall find that the board committed an error of law or that the |
5 | order, determination or decision of the board was arbitrary and |
6 | there was a capricious disregard of the evidence. |
7 | Section 7.1. Section 1205(b)(1) and (2) of Title 4 are |
8 | amended and the subsection is amended by adding a paragraph to |
9 | read: |
10 | § 1205. License or permit application hearing process; public |
11 | input hearings. |
12 | * * * |
13 | (b) Public input hearing requirement.-- |
14 | (1) [Prior to licensing a facility under this part, the |
15 | board shall hold at least one public input hearing on the |
16 | matter.] The board shall hold at least one public input |
17 | hearing prior to: |
18 | (i) Approving a slot machine license application or |
19 | renewing a slot machine license. |
20 | (ii) Approving the structural redesign of a licensed |
21 | facility located in a city of the first class. |
22 | (2) All public input hearings [relating to an |
23 | application for a slot machine license] under paragraph (1) |
24 | shall be held in the municipality where the licensed facility |
25 | will be, or is, located and shall be organized in cooperation |
26 | with the municipality. |
27 | * * * |
28 | (4) In addition to any witnesses scheduled to testify |
29 | under paragraph (3), the board shall establish a public |
30 | comment period during which time members of the public may |
|
1 | address the board regarding the application, license or |
2 | proposed structural redesign. The board, in its discretion, |
3 | may place reasonable time limits on an individual's comments. |
4 | Section 8. Section 1206(f) of Title 4 is amended to read: |
5 | § 1206. Board minutes and records. |
6 | * * * |
7 | (f) Confidentiality of information.--[All] |
8 | (1) The following information submitted by an applicant, |
9 | permittee or licensee pursuant to section 1310(a) (relating |
10 | to slot machine license application character requirements) |
11 | or 1308(a.1) (relating to applications for license or permit) |
12 | or obtained by the board or the bureau as part of a |
13 | background or other investigation from any source shall be |
14 | [considered] confidential[.] and withheld from public |
15 | disclosure: |
16 | (i) All information relating to character, honesty |
17 | and integrity, including family, habits, reputation, |
18 | history of criminal activity, business activities, |
19 | financial affairs and business, professional and personal |
20 | associations submitted under section 1310(a) or 1308(a.1) |
21 | or otherwise obtained by the board or the bureau. |
22 | (ii) Nonpublic personal information, including home |
23 | addresses, telephone numbers and other personal contact |
24 | information, Social Security numbers, educational |
25 | records, memberships, medical records, tax returns and |
26 | declarations, actual or proposed compensation, financial |
27 | account records, creditworthiness or financial condition |
28 | relating to an applicant, licensee or permittee or the |
29 | immediate family thereof. |
30 | (iii) Information relating to proprietary |
|
1 | information, trade secrets, patents or exclusive |
2 | licenses, architectural and engineering plans and |
3 | information relating to competitive marketing materials |
4 | and strategies, which may include customer-identifying |
5 | information or customer prospects for services subject to |
6 | competition. |
7 | (iv) Security information, including risk prevention |
8 | plans, detection and countermeasures, location of count |
9 | rooms, emergency management plans, security and |
10 | surveillance plans, equipment and usage protocols and |
11 | theft and fraud prevention plans and countermeasures. |
12 | (v) Information with respect to which there is a |
13 | reasonable possibility that public release or inspection |
14 | of the information would constitute an unwarranted |
15 | invasion into personal privacy of any individual as |
16 | determined by the board. |
17 | (vi) Records of an applicant or licensee not |
18 | required to be filed with the Securities and Exchange |
19 | Commission by issuers that either have securities |
20 | registered under section 12 of the Securities Exchange |
21 | Act of 1934 (48 Stat. 881, 15 U.S.C. § 78a et seq.) or |
22 | are required to file reports under section 15(d) of the |
23 | Securities Exchange Act of 1934. |
24 | (vii) Records considered nonpublic matters or |
25 | information by the Securities and Exchange Commission as |
26 | provided by 17 CFR 200.80 (relating to commission records |
27 | and information). |
28 | (viii) Any financial information deemed confidential |
29 | by the board upon a showing of good cause by the |
30 | applicant or licensee. |
|
1 | (2) No claim of confidentiality shall be made regarding |
2 | any criminal history record information that is available to |
3 | the public under 18 Pa.C.S. § 9121(b) (relating to general |
4 | regulations). |
5 | (3) No claim of confidentiality shall be made regarding |
6 | any record in possession of the board that is otherwise |
7 | publicly available from a Commonwealth agency, local agency |
8 | or another jurisdiction. |
9 | (3.1) Notwithstanding paragraph (1)(iii), for purposes |
10 | of a public input hearing under this part, the board may |
11 | release architectural renderings or models depicting a |
12 | proposed structural design or redesign of the licensed |
13 | facility that is the subject of the hearing. |
14 | (4) Except as provided in section 1517(f) (relating to |
15 | [investigation] investigations and enforcement), the |
16 | information made confidential pursuant to this section shall |
17 | be withheld from public disclosure in whole or in part, |
18 | except that any confidential information shall be released |
19 | upon the [lawful] order of a court of competent jurisdiction |
20 | or, with the approval of the Attorney General, to a duly |
21 | authorized law enforcement agency or shall be released to the |
22 | public, in whole or in part, to the extent that such release |
23 | is requested by an applicant or licensee and does not |
24 | otherwise contain confidential information about another |
25 | person. |
26 | (5) The board may seek a voluntary waiver of |
27 | confidentiality from an applicant or licensee but may not |
28 | require any applicant or licensee to waive any |
29 | confidentiality provided for in this subsection as a |
30 | condition for the approval of an application, renewal of a |
|
1 | license or any other action of the board. [Any person who |
2 | violates this subsection shall] |
3 | (6) No current or former member and no current or former |
4 | employee, agent or independent contractor of the board, the |
5 | department, the Pennsylvania State Police, the Office of |
6 | Attorney General or any other Executive-branch office who has |
7 | obtained confidential information in the performance of |
8 | duties under this part, shall intentionally and publicly |
9 | disclose the information to any person, knowing that the |
10 | information being disclosed is confidential under this |
11 | subsection, unless the person is authorized by law to receive |
12 | it. A violation of this subsection constitutes a misdemeanor |
13 | of the third degree. In addition, an employee, agent or |
14 | independent contractor who violates this subsection shall be |
15 | administratively disciplined by discharge, suspension, |
16 | termination of contract or other formal disciplinary action |
17 | as [the board deems] appropriate. If a current member |
18 | violates this paragraph, the other members shall refer the |
19 | matter to the current member's appointing authority. |
20 | * * * |
21 | Section 8.1. Section 1207(4), (5), (8), (9), (14) and (17) |
22 | of Title 4 are amended and the section is amended by adding |
23 | paragraphs to read: |
24 | § 1207. Regulatory authority of board. |
25 | The board shall have the power and its duties shall be to: |
26 | * * * |
27 | (4) Require that each licensed entity provide to the |
28 | board its audited annual financial statements, with such |
29 | additional detail as the board from time to time shall |
30 | require, which information shall be submitted not later than |
|
1 | [60] 90 days after the end of the licensee's fiscal year. |
2 | (5) Prescribe the procedures to be followed by slot |
3 | machine licensees for any financial event that occurs in the |
4 | operation and play of slot machines or table games. |
5 | * * * |
6 | (7.1) Enforce prescribed hours for the operation of |
7 | table games so that a certificate holder may conduct table |
8 | games on any day during the year in order to meet the needs |
9 | of patrons or to meet competition. |
10 | (8) Require that each licensed gaming entity prohibit |
11 | persons under 21 years of age from operating or using slot |
12 | machines or playing table games. |
13 | (9) Establish procedures for the inspection and |
14 | certification of compliance of each slot machine, table game, |
15 | table game device and associated equipment prior to being |
16 | placed into use by a slot machine licensee. |
17 | * * * |
18 | (14) Consult with members of the Pennsylvania State |
19 | Police, the Office of Attorney General, the department and |
20 | such other persons it deems necessary for advice regarding |
21 | the various aspects of the powers and duties imposed on it |
22 | under this part and its jurisdiction over the authorization, |
23 | [and] operation and play of slot machines, table games and |
24 | licensed facilities. |
25 | * * * |
26 | (17) Permit, in its discretion and upon application or |
27 | petition, the use of a temporary facility within which slot |
28 | machines and table games may be available for play or |
29 | operation at a licensed [gaming] facility, for a period not |
30 | to exceed 24 months, provided that, upon good cause shown, |
|
1 | the board may extend permission to operate a temporary |
2 | facility for an additional [12-month] 24-month period. |
3 | (18) In consultation with the department, establish a |
4 | procedure and method for determining the daily gross table |
5 | game revenue from play at gaming tables, including electronic |
6 | gaming tables and fully automated electronic gaming tables. |
7 | (19) Authorize an employee of the board to approve, deny |
8 | or condition a certificate holder's request to decrease the |
9 | number of slot machines in operation at its licensed |
10 | facility. An employee may not approve a requested decrease in |
11 | the number of slot machines under this paragraph if the |
12 | requested decrease exceeds 2% of the total number of slot |
13 | machines in operation at the certificate holder's licensed |
14 | facility. At no time shall the number of slot machines in |
15 | operation at a Category 1 or Category 2 licensed facility be |
16 | less than 1,500. |
17 | (20) Approve, in its discretion, a reduction in the |
18 | number of slot machines in operation at a licensed facility |
19 | under the following circumstances: |
20 | (i) For the duration of any renovation, remodeling |
21 | or modification of an area of a licensed facility where |
22 | slot machines are located. |
23 | (ii) To enable the licensed facility to respond to |
24 | an emergency. |
25 | (iii) In response to market conditions. |
26 | At no time shall the number of slot machines in operation at |
27 | a Category 1 or Category 2 licensed facility be less than |
28 | 1,500. |
29 | Section 8.2. Sections 1208(1), 1209(b) and (f) and 1210 of |
30 | Title 4 are amended to read: |
|
1 | § 1208. Collection of fees and fines. |
2 | The board has the following powers and duties: |
3 | (1) To levy and collect fees from the various |
4 | applicants, licensees and permittees to fund the operations |
5 | of the board. [The] Unless otherwise provided in this part, |
6 | the fees shall be deposited into the State Gaming Fund as |
7 | established in section 1403 (relating to establishment of |
8 | State Gaming Fund and net slot machine revenue distribution) |
9 | and distributed to the board upon appropriation by the |
10 | General Assembly. In addition to the fees set forth in |
11 | sections 1209 (relating to slot machine license fee) and 1305 |
12 | (relating to Category 3 slot machine license), the board |
13 | shall assess and collect fees as follows: |
14 | (i) [Supplier] Subject to subparagraph (i.1), |
15 | supplier licensees shall pay [a]: |
16 | (A) A fee of $25,000 upon the issuance of a |
17 | license [and $10,000 for the annual renewal of a |
18 | supplier license.] to supply slot machines or |
19 | associated equipment used in connection with slot |
20 | machines. |
21 | (B) A fee of $25,000 upon the issuance of a |
22 | license to supply table game devices or associated |
23 | equipment used in connection with table games or |
24 | table game devices. |
25 | (C) A fee of $15,000 for the annual renewal of |
26 | the appropriate supplier license. Upon the extension |
27 | of the renewal period under section 1317(c)(1) |
28 | (relating to supplier licenses), the fee shall be |
29 | $45,000 for the renewal. |
30 | (ii) [Manufacturer] Subject to subparagraph (ii.1), |
|
1 | manufacturer licensees shall pay [a]: |
2 | (A) A fee of $50,000 upon the issuance of a |
3 | license [and $25,000 for the annual renewal of a |
4 | manufacturer license.] to manufacture slot machines |
5 | and associated equipment used in connection with slot |
6 | machines. |
7 | (B) A fee of $50,000 upon the issuance of a |
8 | license to manufacture table game devices or |
9 | associated equipment used in connection with table |
10 | games or table game devices. |
11 | (C) A fee of $30,000 for the annual renewal of |
12 | the appropriate manufacturer license. Upon the |
13 | extension of the renewal period under section |
14 | 1317.1(c)(1) (relating to manufacturer licenses), the |
15 | fee shall be $90,000 for the renewal. |
16 | (iii) Each application for a slot machine license, |
17 | supplier license or manufacturer license must be |
18 | accompanied by a nonrefundable fee set by the board for |
19 | the cost of each individual requiring a background |
20 | investigation. The reasonable and necessary costs and |
21 | expenses incurred in any background investigation or |
22 | other investigation or proceeding concerning any |
23 | applicant, licensee, permittee or registrant shall be |
24 | reimbursed to the board by those persons. |
25 | * * * |
26 | § 1209. Slot machine license fee. |
27 | * * * |
28 | (b) Term.--A slot machine license, after payment of the fee, |
29 | shall be in effect unless suspended, revoked or not renewed by |
30 | the board upon good cause consistent with the license |
|
1 | requirements as provided for in this part. Slot machine |
2 | licensees shall be required to update the information in their |
3 | initial applications annually, and the license of a licensee in |
4 | good standing shall be [updated and] renewed [annually] every |
5 | three years. Nothing in this subsection shall relieve a licensee |
6 | of the affirmative duty to notify the board of any changes |
7 | relating to the status of its license or to any other |
8 | information contained in the application materials on file with |
9 | the board. As to the renewal of a license, except as required in |
10 | subsection (f)(1), no additional license fee pursuant to |
11 | subsection (a) shall be required. |
12 | * * * |
13 | (f) Return of slot machine license fee.-- |
14 | (1) The entire one-time slot machine license fee of |
15 | $50,000,000 for each Category 1 and Category 2 slot machine |
16 | license shall be returned to each licensee in the event |
17 | section 1201 (relating to Pennsylvania Gaming Control Board |
18 | established), 1202 (relating to general and specific powers) |
19 | or 1307 (relating to number of slot machine licenses) is |
20 | amended or otherwise altered by an act of the General |
21 | Assembly, within five years following the [initial issuance |
22 | of any slot machine licenses pursuant to section 1301 |
23 | (relating to authorized slot machine licenses)] date |
24 | established by the board as the deadline for the initial |
25 | submission of Category 1 and Category 2 slot machine license |
26 | applications, to change: |
27 | (i) the composition of the board; |
28 | (ii) the number or voting powers of members of the |
29 | board; |
30 | (iii) the manner in which members are nominated or |
|
1 | appointed to the board; |
2 | (iv) the length of term for which each member |
3 | serves; |
4 | (v) the general jurisdiction of the board in a |
5 | manner that impairs or otherwise reduces the board's |
6 | licensing authority; or |
7 | (vi) section [1307] 1307(a) to increase the |
8 | statutory maximum number of permissible Category 1 or |
9 | Category 2 licensed facilities. |
10 | (2) In the event that [this part is amended or otherwise |
11 | altered by an act of] the General Assembly [as] acts in the |
12 | manner described [pursuant to] in paragraph (1): |
13 | (i) In the sixth year following the [initial |
14 | issuance of any slot machine licenses pursuant to section |
15 | 1301] date established by the board as the deadline for |
16 | the initial submission of Category 1 and Category 2 slot |
17 | machine license applications, a Category 1 and Category 2 |
18 | slot machine licensee shall be entitled to a partial |
19 | return of the one-time slot machine license fee in the |
20 | amount of $41,666,667. |
21 | (ii) In the seventh year, [the] each Category 1 and |
22 | Category 2 slot machine licensee shall be entitled to a |
23 | partial return of the one-time slot machine license fee |
24 | in the amount of $33,333,334. |
25 | (iii) In the eighth year, [the] each Category 1 and |
26 | Category 2 slot machine licensee shall be entitled to a |
27 | partial return of the one-time slot machine license fee |
28 | in the amount of $25,000,000. |
29 | (iv) In the ninth year, [the] each Category 1 and |
30 | Category 2 slot machine licensee shall be entitled to a |
|
1 | partial return of the one-time slot machine license fee |
2 | in the amount of $16,666,668. |
3 | (v) In the tenth year, [the] each Category 1 and |
4 | Category 2 slot machine licensee shall be entitled to a |
5 | partial return of the one-time machine license fee in the |
6 | amount of $8,333,334. |
7 | (2.1) In the event that the [action] General Assembly |
8 | acts in the manner described in paragraph (1) [occurs] after |
9 | the expiration of ten years, [the licensee] Category 1 and |
10 | Category 2 slot machine licensees shall not be entitled to a |
11 | return of any portion of the one-time slot machine license |
12 | fee. Notwithstanding the foregoing, no slot machine licensee |
13 | shall be entitled to the return of any portion of the fee as |
14 | a result of any act of the General Assembly insofar as it |
15 | implements a recommendation made by the board pursuant to a |
16 | qualified majority vote. In the event a full or partial |
17 | return of the slot machine license fee imposed pursuant to |
18 | subsection (a) becomes due pursuant to this subsection, the |
19 | amount to be returned to any slot machine licensee shall be |
20 | reduced on a dollar-for-dollar basis by the total accumulated |
21 | tax credits granted to such licensee pursuant to subsection |
22 | (c). In no event shall the total amount of the slot machine |
23 | license fee returned to a Category 1 or Category 2 licensee, |
24 | combined with the total tax credits granted, exceed the |
25 | amounts set forth in this subsection for any licensee. The |
26 | total or partial return of the slot machine license fee shall |
27 | extinguish a licensee's right to claim any further tax |
28 | credits pursuant to subsection (c) and to make any future |
29 | claim for the return of the slot machine license fee. |
30 | (3) Within ten days following a determination that a |
|
1 | slot machine licensee is entitled to the return of any |
2 | portion of the slot machine license fee paid by the slot |
3 | machine licensee based on the provisions of this section or |
4 | based on a contract executed by a slot machine licensee and |
5 | the department under subsection (c), the board shall |
6 | immediately assess a one-time slot machine license renewal |
7 | fee on each slot machine licensee in an amount equal to the |
8 | amount of the fee returned to the slot machine licensee. The |
9 | renewal fee shall be paid by each slot machine licensee |
10 | within two business days following the return of the initial |
11 | fee. |
12 | § 1210. Number of slot machines. |
13 | (a) Initial complement.--Except as provided for Category 3 |
14 | slot machine licensees under section 1305 (relating to Category |
15 | 3 slot machine license), [all] the following apply: |
16 | (1) All slot machine licensees shall be permitted to |
17 | operate up to 3,000 slot machines at any one licensed |
18 | facility [and]. |
19 | (2) Each slot machine licensee shall be required to |
20 | operate and make available to play a minimum of 1,500 slot |
21 | machines at [any one] its licensed facility within one year |
22 | of the issuance by the board of a slot machine license |
23 | [unless otherwise extended by the] to the slot machine |
24 | licensee. The board, upon application and for good cause |
25 | shown, may grant an extension for an additional period [not |
26 | to exceed 24 months] ending on the later of 36 months from |
27 | the end of the initial one-year period or December 31, 2012. |
28 | (3) Upon expiration of the applicable time period under |
29 | paragraph (2) and at all times thereafter, a slot machine |
30 | licensee shall be required to operate and make available to |
|
1 | play a minimum of 1,500 slot machines at its licensed |
2 | facility. |
3 | (b) Additional slot machines.--Except as provided for |
4 | Category 3 slot machine licensees under section 1305, six months |
5 | following the date of commencement of slot machine operations, |
6 | the board may permit a slot machine licensee to install and |
7 | operate up to 2,000 additional slot machines at its licensed |
8 | facility, beyond those machines [authorized] permitted under |
9 | subsection (a), upon application by the slot machine licensee. |
10 | The board, in considering such an application, shall take into |
11 | account the appropriateness of the physical space where the |
12 | additional slot machines will be located and the convenience of |
13 | the public attending the facility. The board may also take into |
14 | account the potential benefit to economic development, |
15 | employment and tourism, enhanced revenues to the Commonwealth |
16 | and other economic indicators it deems applicable in making its |
17 | decision. |
18 | [(c) Limitation.--For the two and one-half years following |
19 | the beginning of slot machine operations at the licensed |
20 | facility, no licensed gaming entity may make available for play |
21 | by its patrons at its licensed facility more than 50% of slot |
22 | machines from the same manufacturer or its affiliate, |
23 | intermediary, subsidiary or holding company. The provisions of |
24 | this subsection shall not apply to machines purchased pursuant |
25 | to a contract or order executed by a conditional Category 1 or |
26 | Category 1 slot machine licensee prior to October 20, 2006.] |
27 | Section 9. Section 1211(a) of Title 4 is amended and the |
28 | section is amended by adding subsections to read: |
29 | § 1211. Reports of board. |
30 | (a) Report of board.--Eighteen months after the effective |
|
1 | date of this part and every year on that date thereafter, the |
2 | board shall issue a report to the Governor and each member of |
3 | the General Assembly on the general operation of the board and |
4 | each slot machine licensee's performance, including, but not |
5 | limited to, number and win per slot machine and total gross |
6 | terminal revenue at each licensed [facilities] facility during |
7 | the previous year, all taxes, fees, fines and other revenues |
8 | collected and, where appropriate, disbursed, the costs of |
9 | operation of the board, all hearings conducted and the results |
10 | of the hearings and other information that the board deems |
11 | necessary and appropriate. |
12 | (a.1) Additional reporting requirements.--No later than 12 |
13 | months after the effective date of Chapter 13A (relating to |
14 | table games) and every year thereafter, the annual report |
15 | submitted by the board shall include information on the conduct |
16 | of table games as follows: |
17 | (1) Total gross table game revenue. |
18 | (2) The number and win by type of table game at each |
19 | licensed facility during the previous year. |
20 | (3) All taxes, fees, fines and other revenue collected |
21 | and where appropriate revenue disbursed during the previous |
22 | year. The department shall collaborate with the board to |
23 | carry out the requirements of this paragraph. |
24 | (4) Other information related to the conduct of table |
25 | games. |
26 | The board may require certificate holders to provide information |
27 | to the board to assist in the preparation of the report. |
28 | (a.2) Facility responsibility.--Each Category 1 licensed |
29 | facility shall provide: |
30 | (1) An annual report to the board and to the respective |
|
1 | racing commission summarizing how the introduction and |
2 | expansion of gaming has fulfilled the intent of this part to |
3 | enhance live racing at the licensed racetrack. |
4 | (2) Plans to promote live racing and increase live |
5 | handle and daily attendance at the licensed racetrack in the |
6 | upcoming year. |
7 | (a.3) Expenses.--Beginning 30 days after the effective date |
8 | of this subsection, the board shall post within 45 days after |
9 | the end of each month on its Internet website a list of all the |
10 | itemized expenses of employees and members for that month that |
11 | were or are to be reimbursed from the assessments made by the |
12 | department under section 1402(a) (relating to gross terminal |
13 | revenue deductions) and all itemized expenses of employees of |
14 | the department and the Office of Attorney General and troopers |
15 | and employees of the Pennsylvania State Police for the preceding |
16 | month that were or are to be reimbursed from such assessments. |
17 | The list shall identify the nature of the expense, the employee, |
18 | member or the agency and employee of the agency to which an |
19 | expense is attributable. If the expense is directly attributable |
20 | to or paid by a licensed gaming entity, the list shall identify |
21 | the licensed gaming entity and if the expense was charged to the |
22 | licensed gaming entity. By October 1 of each year, a final |
23 | report of all expenses described in this subsection for the |
24 | preceding fiscal year shall be posted on the board's Internet |
25 | website and shall be submitted to the Appropriations Committee |
26 | of the Senate, the Community, Economic and Recreational |
27 | Development Committee of the Senate, the Appropriations |
28 | Committee of the House of Representatives and the Gaming |
29 | Oversight Committee of the House of Representatives. Information |
30 | posted on the Internet website pursuant to this subsection shall |
|
1 | be financial records for the purposes of and subject to |
2 | redaction under the act of February 14, 2008 (P.L.6, No.3), |
3 | known as the Right-to-Know Law. The board, the department, the |
4 | Office of Attorney General and the Pennsylvania State Police |
5 | shall collaborate to develop a uniform system that will enable |
6 | the board to carry out the requirements of this subsection. |
7 | * * * |
8 | (e) Submission of reports.--Notwithstanding any other |
9 | provision of this part, all annual reports or studies of the |
10 | board required to be submitted to the General Assembly under |
11 | this part after the effective date of this subsection shall be |
12 | submitted by October 1, 2010, and by October 1 of each year |
13 | thereafter. |
14 | Section 10. Sections 1212 and 1213 of Title 4 are amended to |
15 | read: |
16 | § 1212. Diversity goals of board. |
17 | (a) Intent.--It is the intent and goal of the General |
18 | Assembly that the board promote and ensure diversity in all |
19 | aspects of the gaming activities authorized under this part. The |
20 | board shall work to enhance the representation of diverse groups |
21 | in [the]: |
22 | (1) The ownership[, participation and operation] of |
23 | licensed entities [and licensed facilities] in this |
24 | Commonwealth [and through the]. |
25 | (2) The ownership[, participation and operation] of |
26 | business enterprises associated with or utilized by licensed |
27 | entities [and licensed facilities] and through the provision |
28 | of goods and services utilized by slot machine licensees |
29 | under this part. |
30 | (3) The operation of licensed entities and the conduct |
|
1 | of gaming in this Commonwealth by ensuring licensed entities |
2 | promote the participation of diverse groups by affording |
3 | equal access to employment opportunities, including key |
4 | employee, gaming employee, and nongaming employee positions. |
5 | (4) The operation of business enterprises associated |
6 | with or utilized by licensed entities, including business |
7 | enterprises that provide goods, property and services |
8 | utilized by slot machine licensees in this Commonwealth by |
9 | ensuring these business enterprises promote the participation |
10 | of diverse groups by affording equal access to employment |
11 | opportunities. |
12 | (5) The construction, renovation or reconstruction of a |
13 | licensed facility by ensuring that all contracts and |
14 | subcontracts to be awarded relating to the construction, |
15 | renovation or reconstruction of a licensed facility contain |
16 | adequate provisions ensuring all contractors or |
17 | subcontractors and assignees, will promote the participation |
18 | of diverse groups in any proposed construction, renovation or |
19 | reconstruction project by affording equal access to |
20 | employment opportunities. |
21 | (6) The rendering of professional services to licensed |
22 | entities by ensuring licensed entities promote the |
23 | participation of diverse groups by affording equal access to |
24 | professional service contractual opportunities. |
25 | (a.1) Reports by licensees.--Each slot machine licensee |
26 | shall submit a quarterly report to the board describing |
27 | activities undertaken at its licensed facility related to the |
28 | development and implementation of its diversity plan in |
29 | accordance with section 1325 (relating to license or permit |
30 | issuance) during the prior quarter. At a minimum, the quarterly |
|
1 | reports shall contain a summary of: |
2 | (1) All employee recruitment and retention efforts |
3 | undertaken to ensure the participation of diverse groups in |
4 | employment with the slot machine licensee. |
5 | (2) The total number of hires and employment offers |
6 | made, including data relating to the race, gender and |
7 | residence of those hired or offered employment. |
8 | (3) All contracting and subcontracting data involving |
9 | the slot machine licensee and minority-owned business |
10 | enterprises and women-owned business enterprises. |
11 | (4) Any other information deemed relevant or necessary |
12 | by the board to assess the slot machine licensee's diversity |
13 | plan. |
14 | (b) [Investigations] Annual review.--The board [is |
15 | authorized to investigate and] shall conduct an annual [study to |
16 | ascertain] review of each slot machine licensee's activities |
17 | related to the implementation of its diversity plan in order to |
18 | evaluate whether the slot machine licensee has taken effective |
19 | and meaningful action [has been taken or will be taken to |
20 | enhance the] to implement a diversity plan and whether the |
21 | licensee's plan and any other actions taken have achieved or |
22 | will achieve the Commonwealth's goal of enhanced representation |
23 | of diverse groups in the [ownership, participation and operation |
24 | of licensed facilities in this Commonwealth, through the |
25 | ownership and operation of business enterprises associated with |
26 | or utilized by slot machine licensees, through the provision of |
27 | goods and services utilized by slot machine licensees and |
28 | through employment opportunities] gaming industry as set forth |
29 | in subsection (a). |
30 | (c) Completion of investigation.--The [first study] review |
|
1 | required under subsection (b) shall be completed six months |
2 | following the effective date of this [part] section, if |
3 | practically possible, and annually thereafter and shall contain |
4 | recommendations which the board determines appropriate. Each |
5 | review shall contain, at a minimum, a descriptive summary of the |
6 | following relating to each slot machine licensee's licensed |
7 | facility: |
8 | (1) Employee recruitment and retention programs designed |
9 | to ensure the participation of diverse groups. |
10 | (2) The total number of hires and employment offers |
11 | made, including data relating to the race, gender and |
12 | residence of individuals hired or offered employment. |
13 | (3) Minority-owned business enterprise and women-owned |
14 | business enterprise contracting and subcontracting data. |
15 | (d) Facility responsibility.--Each slot machine licensee |
16 | shall provide information as required by the board to enable the |
17 | board to complete the reviews required under subsection (b). |
18 | (e) Definition.--As used in this section, the term |
19 | "professional services" means those services rendered to a slot |
20 | machine licensee which relate to a licensed facility in this |
21 | Commonwealth, including, but not limited to: |
22 | (1) Legal services. |
23 | (2) Advertising or public relations services. |
24 | (3) Engineering services. |
25 | (4) Architectural, landscaping or surveying services. |
26 | (5) Accounting, auditing or actuarial services. |
27 | (6) Security consultant services. |
28 | (7) Computer and information technology services, except |
29 | telephone service. |
30 | § 1213. License or permit prohibition. |
|
1 | [No applicant for a license or permit under this part, |
2 | including principals and key employees,] The following apply: |
3 | (1) The board shall be prohibited from granting a |
4 | principal license or a key employee license to an individual |
5 | who has been convicted of a felony [or gambling] offense in |
6 | any jurisdiction [shall be issued a license or permit unless |
7 | 15 years has elapsed from the date of expiration of the |
8 | sentence for the offense]. |
9 | (2) [When determining whether to issue a license or |
10 | permit to an applicant who has been convicted in any |
11 | jurisdiction of a felony or gambling offense,] In addition to |
12 | the prohibition under paragraph (1), the board shall be |
13 | prohibited from granting the following: |
14 | (i) A principal license or key employee license to |
15 | an individual who has been convicted in any jurisdiction |
16 | of a misdemeanor gambling offense, unless 15 years have |
17 | elapsed from the date of conviction for the offense. |
18 | (ii) A gaming employee permit or a license other |
19 | than a principal license or key employee license to an |
20 | individual who has been convicted in any jurisdiction of |
21 | a felony offense or of a misdemeanor gambling offense, |
22 | unless 15 years have elapsed from the date of conviction |
23 | for the offense. |
24 | (3) Following the expiration of any prohibition period |
25 | applicable to an applicant under paragraph (2), in |
26 | determining whether to issue a license or permit, the board |
27 | shall consider the following factors: |
28 | [(1)] (i) The nature and duties of the applicant's |
29 | position with the licensed entity. |
30 | [(2)] (ii) The nature and seriousness of the offense |
|
1 | or conduct. |
2 | [(3)] (iii) The circumstances under which the |
3 | offense or conduct occurred. |
4 | [(4)] (iv) The age of the applicant when the offense |
5 | or conduct was committed. |
6 | [(5)] (v) Whether the offense or conduct was an |
7 | isolated or a repeated incident. |
8 | [(6)] (vi) Any evidence of rehabilitation, including |
9 | good conduct in the community, counseling or psychiatric |
10 | treatment received and the recommendation of persons who |
11 | have substantial contact with the applicant. |
12 | (4) For purposes of this section, a felony offense is |
13 | any of the following: |
14 | (i) An offense punishable under the laws of this |
15 | Commonwealth by imprisonment for more than five years. |
16 | (ii) An offense which, under the laws of another |
17 | jurisdiction, is: |
18 | (A) classified as a felony; or |
19 | (B) punishable by imprisonment for more than |
20 | five years. |
21 | (iii) An offense under the laws of another |
22 | jurisdiction which, if committed in this Commonwealth, |
23 | would be subject to imprisonment for more than five |
24 | years. |
25 | Section 10.1. Title 4 is amended by adding a section to |
26 | read: |
27 | § 1214. Specific authority to suspend slot machine license. |
28 | (a) Conditions.--Any slot machine licensee that is required |
29 | as a condition of licensure to make payments to a municipality, |
30 | municipal authority or other entity for an economic development |
|
1 | project, including any project enumerated in the act of July 25, |
2 | 2007 (P.L.342, No.53), known as Pennsylvania Gaming Economic |
3 | Development and Tourism Fund Capital Budget Itemization Act of |
4 | 2007, shall, within 30 days of the effective date of this |
5 | section or within 30 days following licensure, whichever is |
6 | later, enter into a written agreement with the municipality, |
7 | municipal authority or other entity. The written agreement shall |
8 | establish and govern the terms of the required payments, |
9 | including the amounts of each payment, the date on which each |
10 | payment shall be made and the duration of the payments. |
11 | (b) Failure to meet conditions.--If a slot machine licensee |
12 | fails to enter into a written agreement as required by |
13 | subsection (a), the board may take any action it deems |
14 | necessary. An action taken by the board shall remain in effect |
15 | until the slot machine licensee satisfies the board that it has |
16 | entered into the written agreement required by subsection (a). |
17 | (c) Failure to comply with written agreement.--If a slot |
18 | machine licensee is in default with respect to a payment |
19 | obligation contained in a written agreement required by |
20 | subsection (a), the board may take any action it deems |
21 | necessary. An action taken by the board shall remain in effect |
22 | until the slot machine licensee satisfies the board that it is |
23 | in compliance with the terms of the written agreement. |
24 | (d) Other remedies applicable.--Nothing in this section |
25 | shall prohibit the board from taking any additional action, |
26 | including suspension or revocation of the slot machine |
27 | licensee's license, appointing a trustee under section 1332, or |
28 | imposing any other sanction permitted by this part against a |
29 | slot machine licensee who violates the provisions of this |
30 | section. |
|
1 | Section 10.2. Sections 1304(b), 1305(a)(1), (b)(1), (c), (d) |
2 | and (e) and 1307 of Title 4 are amended to read: |
3 | § 1304. Category 2 slot machine license. |
4 | * * * |
5 | (b) Location.-- |
6 | (1) Two Category 2 licensed facilities and no more shall |
7 | be located by the board within a city of the first class, and |
8 | one Category 2 licensed facility and no more shall be located |
9 | by the board within a city of the second class. No Category 2 |
10 | licensed facility located by the board within a city of the |
11 | first class shall be within ten linear miles of a Category 1 |
12 | licensed facility regardless of the municipality where the |
13 | Category 1 licensed facility is located. Except for any |
14 | Category 2 licensed facility located by the board within a |
15 | city of the first class or a city of the second class, no |
16 | Category 2 licensed facility shall be located within 30 |
17 | linear miles of any Category 1 licensed facility that has |
18 | conducted over 200 racing days per year for the two calendar |
19 | years immediately preceding the effective date of this part |
20 | and not within 20 linear miles of any other Category 1 |
21 | licensed facility. Except for any Category 2 licensed |
22 | facility located by the board within a city of the first |
23 | class, no Category 2 licensed facility shall be located |
24 | within 20 linear miles of another Category 2 licensed |
25 | facility. |
26 | (2) Within five days of approving a license for an |
27 | applicant with a proposed licensed facility consisting of |
28 | land designated a subzone, an expansion subzone or an |
29 | improvement subzone under the Keystone Opportunity Zone, |
30 | Keystone Opportunity Expansion Zone and Keystone Opportunity |
|
1 | Improvement Zone Act for a slot machine license under this |
2 | section, the board shall notify the Department of Community |
3 | and Economic Development. The notice shall include a |
4 | description of the land of the proposed licensed facility |
5 | which is designated a subzone, an expansion subzone or an |
6 | improvement subzone. Within five days of receiving the notice |
7 | required by this paragraph, the Secretary of Community and |
8 | Economic Development shall decertify the land of the proposed |
9 | licensed facility as being a subzone, an expansion subzone or |
10 | an improvement subzone. Upon decertification in accordance |
11 | with this paragraph and notwithstanding Chapter 3 of the |
12 | Keystone Opportunity Zone, Keystone Opportunity Expansion |
13 | Zone and Keystone Opportunity Improvement Zone Act, a |
14 | political subdivision may amend the ordinance, resolution or |
15 | other required action which granted the exemptions, |
16 | deductions, abatements or credits required by the Keystone |
17 | Opportunity Zone, Keystone Opportunity Expansion Zone and |
18 | Keystone Opportunity Improvement Zone Act to repeal the |
19 | exemptions, deductions, abatements or credits for the land |
20 | decertified. |
21 | (3) Notwithstanding any other provision of law, the |
22 | governing body of a city of the first class shall not exempt |
23 | from real property taxation or provide any real property tax |
24 | abatement under the act of December 1, 1977 (P.L.237, No.76), |
25 | known as the Local Economic Revitalization Tax Assistance |
26 | Act, to a Category 2 licensed facility located within the |
27 | city, or any improvements to such facility, unless the owner |
28 | of the licensed facility enters into or has entered into a |
29 | tax settlement agreement or payment in lieu of taxes |
30 | agreement with the city, including any amendments, |
|
1 | supplements or modifications of such agreements. |
2 | § 1305. Category 3 slot machine license. |
3 | (a) Eligibility.-- |
4 | (1) (i) A person may be eligible to apply for a |
5 | Category 3 slot machine license if the applicant, its |
6 | affiliate, intermediary, subsidiary or holding company |
7 | has not applied for or been approved or issued a Category |
8 | 1 or 2 slot machine license and the person is seeking to |
9 | locate a Category 3 licensed facility in a well- |
10 | established resort hotel having no fewer than 275 guest |
11 | rooms under common ownership and having substantial year- |
12 | round [recreational guest] amenities. The applicant for a |
13 | Category 3 license shall be the owner or be a wholly |
14 | owned subsidiary of the owner of the established resort |
15 | hotel. [A Category 3 license may only be granted upon the |
16 | express condition that an individual may not enter a |
17 | gaming area of the licensee if the individual is not a |
18 | registered overnight guest of the established resort |
19 | hotel or if the individual is not a patron of one or more |
20 | of the amenities provided by the established resort |
21 | hotel.] In addition to any other individual prohibited |
22 | under this part from entering the gaming area of a |
23 | licensed facility, an individual who does not meet at |
24 | least one of the following criteria shall also be |
25 | prohibited from entering the gaming area of an |
26 | established resort hotel for which a Category 3 license |
27 | has been issued: |
28 | (A) The individual is a registered overnight |
29 | guest of the established resort hotel. |
30 | (B) The individual is a patron of the amenities |
|
1 | provided by the established resort hotel. |
2 | (C) The individual possesses a membership to the |
3 | established resort hotel or is a guest of an |
4 | individual who possesses such a membership. The guest |
5 | must be accompanied by the individual who possesses |
6 | the membership when entering or remaining in the |
7 | gaming area of the hotel. The owner of the |
8 | established resort hotel may issue memberships that |
9 | allow for up to four guests of the membership owner |
10 | to enter the gaming area. |
11 | (ii) Nothing in this paragraph shall be deemed to |
12 | prohibit an individual 18 years of age or older from |
13 | entering and remaining in the gaming area of an |
14 | established resort hotel while in the performance of |
15 | employment duties performed on behalf of the resort |
16 | hotel. |
17 | * * * |
18 | (b) Location.-- |
19 | (1) Mileage requirements are as follows: |
20 | (i) No Category 3 license which was authorized by |
21 | this part prior to December 1, 2009, regardless of when |
22 | issued, shall be located by the board within 15 linear |
23 | miles of another licensed facility. |
24 | (ii) No Category 3 license which was authorized by |
25 | this part after November 30, 2009, shall be located by |
26 | the board within 30 linear miles of another licensed |
27 | facility. |
28 | * * * |
29 | (c) Number of slot machines.--Notwithstanding the number of |
30 | permissible slot machines as set forth in section 1210 (relating |
|
1 | to number of slot machines), a Category 3 license granted under |
2 | the provisions of this section shall entitle the licensed entity |
3 | to operate no more than 500 slot machines at the licensed |
4 | facility, provided, however, a Category 3 slot machine licensee |
5 | holding a table game operation certificate shall be entitled to |
6 | operate no more than 600 slot machines at its licensed facility. |
7 | (d) Category 3 license fee.--[Notwithstanding the one-time |
8 | slot machine license fee as set forth in section 1209 (relating |
9 | to slot machine license fee), the] The board shall impose a one- |
10 | time Category 3 license fee to be paid by each successful |
11 | applicant in the amount of $5,000,000 to be deposited in the |
12 | State Gaming Fund. The provisions of section [1209 relating to |
13 | term, credit against tax for slot machine licensees, deposit of |
14 | license fee and change of ownership or control of a license |
15 | shall be applicable] 1209(b), (c), (d) and (e) shall apply to a |
16 | Category 3 [license fee] licensee. |
17 | (e) Definitions.--For the purpose of subsection (a), the |
18 | following words and phrases shall have the meaning given to them |
19 | in this subsection: |
20 | "Amenities." Any ancillary activities, services or |
21 | facilities in which a registered guest or the transient public, |
22 | in return for non-de minimis consideration as defined by board |
23 | regulation, may participate at a resort hotel, including, but |
24 | not limited to, sports and recreational activities and |
25 | facilities such as a golf course or golf driving range, tennis |
26 | courts or swimming pool; health spa; convention, meeting and |
27 | banquet facilities; entertainment facilities; and restaurant |
28 | facilities. |
29 | "Patron of the amenities." Any individual who is a |
30 | registered attendee of a convention, meeting or banquet event or |
|
1 | a participant in a sport or recreational event or any other |
2 | social, cultural or business event held at a resort hotel or who |
3 | participates in one or more of the amenities provided to |
4 | registered guests of the resort hotel. |
5 | § 1307. Number of slot machine licenses. |
6 | (a) Category 1 and Category 2 slot machine licenses.--The |
7 | board may license no more than seven Category 1 licensed |
8 | facilities and no more than five Category 2 licensed facilities, |
9 | as it may deem appropriate, as long as two, and not more, |
10 | Category 2 [licenses] licensed facilities are located by the |
11 | board within the city of the first class and that one, and not |
12 | more, Category 2 licensed facility is located by the board |
13 | within the city of the second class. The board may at its |
14 | discretion increase the total number of Category 2 licensed |
15 | facilities permitted to be licensed by the board by an amount |
16 | not to exceed the total number of Category 1 licenses not |
17 | applied for within five years following the effective date of |
18 | this part. Except as permitted by section 1328 (relating to |
19 | change in ownership or control of slot machine licensee), any |
20 | Category 1 license may be reissued by the board at its |
21 | discretion as a Category 2 license if an application for |
22 | issuance of such license has not been made to the board. |
23 | (b) Category 3 slot machine licenses.-- |
24 | (1) The board may license no more than two Category 3 |
25 | licensed facilities that shall be subject to the mileage |
26 | restriction under section 1305(b)(1)(i)(relating to Category |
27 | 3 slot machine license). |
28 | (2) The board may license no more than one Category 3 |
29 | licensed facility that shall be subject to the mileage |
30 | restriction under section 1305(b)(1)(ii). Within ten days |
|
1 | following the effective date of this paragraph, the board |
2 | shall establish an application period not to exceed 90 days |
3 | for the acceptance of applications for this Category 3 |
4 | license. |
5 | Section 10.3. Sections 1308 and 1309 of Title 4 are amended |
6 | by adding subsections to read: |
7 | § 1308. Applications for license or permit. |
8 | * * * |
9 | (a.1) Submission of information.--An applicant for a license |
10 | or permit under this part shall disclose in the application all |
11 | arrests of the applicant and all citations issued to the |
12 | applicant for summary gambling offenses. The information shall |
13 | include: |
14 | (1) A brief description of the circumstances surrounding |
15 | the arrest or issuance of the citation. |
16 | (2) The specific offense charged. |
17 | (3) The ultimate disposition of the charge, including |
18 | the details of any dismissal, plea bargain, conviction, |
19 | sentence, pardon, expungement or order of Accelerated |
20 | Rehabilitative Disposition. |
21 | No applicant shall be required to provide documentation relating |
22 | to any summary offense. Failure of the bureau to recover records |
23 | of a summary offense shall not be grounds for denying an |
24 | application. |
25 | * * * |
26 | § 1309. Slot machine license application. |
27 | * * * |
28 | (a.1) Table games information.-- |
29 | (1) An applicant for a slot machine license may submit |
30 | with its application all information required under Chapter |
|
1 | 13A (relating to table games) and request that the board |
2 | consider its application for a slot machine license and a |
3 | table game operation certificate concurrently. All fees for a |
4 | table game operation certificate shall be paid by the |
5 | applicant in accordance with section 1361A (relating to table |
6 | game authorization fee). |
7 | (2) The board shall permit any applicant for a slot |
8 | machine license that has an application pending before the |
9 | board on the effective date of this subsection to supplement |
10 | its application with all information required under Chapter |
11 | 13A and to request that the board consider its application |
12 | for a slot machine license and a table game operation |
13 | certificate concurrently. All fees for a table game operation |
14 | certificate shall be paid by the applicant in accordance with |
15 | section 1361A. |
16 | * * * |
17 | Section 10.4. Section 1310 of Title 4 is amended to read: |
18 | § 1310. Slot machine license application character |
19 | requirements. |
20 | (a) Application.-- |
21 | (1) Every application for a slot machine license shall |
22 | include such information, documentation and assurances as may |
23 | be required to establish by clear and convincing evidence the |
24 | applicant's suitability, including good character, honesty |
25 | and integrity. Information shall include, without limitation, |
26 | information pertaining to family, habits, character, |
27 | reputation, criminal history background, business activities, |
28 | financial affairs and business, professional and personal |
29 | associates, covering at least the ten-year period immediately |
30 | preceding the filing date of the application. |
|
1 | (2) Notwithstanding 18 Pa.C.S. § 9124(b) (relating to |
2 | use of records by licensing agencies), in addition to the |
3 | information submitted under section 1308(a.1) (relating to |
4 | applications for license or permit), a conviction for a |
5 | felony offense or a misdemeanor gambling offense that has |
6 | been expunged or overturned, or for which a person has been |
7 | pardoned or an order of Accelerated Rehabilitative |
8 | Disposition has been issued, shall be included with an |
9 | application and considered by the board as part of the review |
10 | of the applicant's suitability under paragraph (1). |
11 | (b) Civil judgments and law enforcement agency |
12 | information.--Each applicant shall notify the board of any civil |
13 | judgments obtained against the applicant pertaining to antitrust |
14 | or security regulation laws of the Federal Government, this |
15 | Commonwealth or any other state, jurisdiction, province or |
16 | country. In addition, each applicant shall produce a letter of |
17 | reference from law enforcement agencies having jurisdiction in |
18 | the applicant's place of residence and principal place of |
19 | business, which letter of reference shall indicate that the law |
20 | enforcement agencies do not have any pertinent information |
21 | concerning the applicant or, if the law enforcement agency does |
22 | have information pertaining to the applicant, shall specify the |
23 | nature and content of that information. If no letters are |
24 | received within 30 days of the request, the applicant may submit |
25 | a statement under oath which is subject to the penalty for false |
26 | swearing under 18 Pa.C.S. § 4903 (relating to false swearing) |
27 | that the applicant is or was during the period the activities |
28 | were conducted in good standing with the gaming or casino |
29 | enforcement or control agency. |
30 | (c) Gaming or casino enforcement agency information.--If the |
|
1 | applicant has held a gaming license in a jurisdiction where |
2 | gaming activities are permitted, the applicant shall produce a |
3 | letter of reference from the gaming or casino enforcement or |
4 | control agency which shall specify the experiences of that |
5 | agency with the applicant, the applicant's associates and the |
6 | applicant's gaming operation. If no letters are received within |
7 | 30 days of the request, the applicant may submit a statement |
8 | under oath which is subject to the penalty for false swearing |
9 | under 18 Pa.C.S. § 4903 that the applicant is or was during the |
10 | period the activities were conducted in good standing with the |
11 | gaming or casino enforcement or control agency. |
12 | (d) Agency records.--Each applicant for a slot machine |
13 | license, principal license or key employee license shall be |
14 | required to apply to each Federal agency deemed appropriate by |
15 | the board or bureau for agency records under the Freedom of |
16 | Information Act (Public Law 89-554, 5 U.S.C. § 552) pertaining |
17 | to the applicant and provide the bureau with the complete record |
18 | received from the Federal agency. The board may issue a license |
19 | to the applicant prior to the receipt of information under this |
20 | subsection. |
21 | Section 10.5. Sections 1317(a) and (c)(1) and 1317.1(a), (b) |
22 | (5), (c), (d), (d.1) and (e) of Title 4 are amended and the |
23 | sections are amended by adding subsections to read: |
24 | § 1317. Supplier licenses. |
25 | (a) Application.--A manufacturer that elects to contract |
26 | with a supplier under section 1317.1(d.1) (relating to |
27 | manufacturer licenses) shall ensure that the supplier is |
28 | appropriately licensed under this section. A person seeking to |
29 | provide slot machines, table game devices or associated |
30 | equipment to a slot machine licensee within this Commonwealth |
|
1 | through a contract with a licensed manufacturer shall apply to |
2 | the board for [a] the appropriate supplier license. |
3 | * * * |
4 | (c) Review and approval.--Upon being satisfied that the |
5 | requirements of subsection (b) have been met, the board may |
6 | approve the application and issue the applicant a supplier |
7 | license consistent with all of the following: |
8 | (1) [The license shall be for a period of one year. Upon |
9 | expiration, the license may be renewed in accordance with |
10 | subsection (d)] The initial license shall be for a period of |
11 | one year and if renewed under subsection (d), the license |
12 | shall be for a period of three years. Nothing in this |
13 | paragraph shall relieve a licensee of the affirmative duty to |
14 | notify the board of any changes relating to the status of its |
15 | license or to any information contained in the application |
16 | materials on file with the board. |
17 | * * * |
18 | (c.1) Abbreviated process.--In the event an applicant for a |
19 | supplier license to supply table game devices or associated |
20 | equipment used in connection with table games is licensed by the |
21 | board under this section to supply slot machines or associated |
22 | equipment used in connection with slot machines, the board may |
23 | determine to use an abbreviated process requiring only that |
24 | information determined by the board to be necessary to consider |
25 | the issuance of a license to supply table game devices or |
26 | associated equipment used in connection with table games, |
27 | including financial viability of the applicant. Nothing in this |
28 | section shall be construed to waive any fees associated with |
29 | obtaining a license through the normal application process. The |
30 | board may only use the abbreviated process if all of the |
|
1 | following apply: |
2 | (1) The supplier license was issued by the board within |
3 | a 36-month period immediately preceding the date the supplier |
4 | licensee files an initial application to supply table game |
5 | devices or associated equipment. |
6 | (2) The person to whom the supplier license was issued |
7 | affirms there has been no material change in circumstances |
8 | relating to the license. |
9 | (3) The board determines, in its sole discretion, that |
10 | there has been no material change in circumstances relating |
11 | to the licensee that necessitates that the abbreviated |
12 | process not be used. |
13 | * * * |
14 | § 1317.1. Manufacturer licenses. |
15 | (a) Application.--A person seeking to manufacture slot |
16 | machines, table game devices and associated equipment for use in |
17 | this Commonwealth shall apply to the board for a manufacturer |
18 | license. |
19 | (b) Requirements.--An application for a manufacturer license |
20 | shall be on the form required by the board, accompanied by the |
21 | application fee, and shall include all of the following: |
22 | * * * |
23 | (5) The type of slot machines, table game devices or |
24 | associated equipment to be manufactured or repaired. |
25 | (c) Review and approval.--Upon being satisfied that the |
26 | requirements of subsection (b) have been met, the board may |
27 | approve the application and grant the applicant a manufacturer |
28 | license consistent with all of the following: |
29 | (1) [The license shall be for a period of one year. Upon |
30 | expiration, a license may be renewed in accordance with |
|
1 | subsection (d)] The initial license shall be for a period of |
2 | one year and if renewed under subsection (d), the license |
3 | shall be for a period of three years. Nothing in this |
4 | paragraph shall relieve the licensee of the affirmative duty |
5 | to notify the board of any changes relating to the status of |
6 | its license or to any other information contained in |
7 | application materials on file with the board. |
8 | (2) The license shall be nontransferable. |
9 | (3) Any other condition established by the board. |
10 | (c.1) Abbreviated process.--In the event an applicant for a |
11 | manufacturer license to manufacture table game devices or |
12 | associated equipment used in connection with table games is |
13 | licensed by the board under this section to manufacture slot |
14 | machines or associated equipment used in connection with slot |
15 | machines, the board may determine to use an abbreviated process |
16 | requiring only that information determined by the board to be |
17 | necessary to consider the issuance of a license to manufacture |
18 | table game devices or associated equipment used in connection |
19 | with table games, including financial viability of the |
20 | applicant. Nothing in this section shall be construed to waive |
21 | any fees associated with obtaining a license through the normal |
22 | application process. The board may only use the abbreviated |
23 | process if all of the following apply: |
24 | (1) The manufacturer license was issued by the board |
25 | within a 36-month period immediately preceding the date the |
26 | manufacturer licensee files an application to manufacture |
27 | table game devices or associated equipment. |
28 | (2) The person to whom the manufacturer license was |
29 | issued affirms there has been no material change in |
30 | circumstances relating to the license. |
|
1 | (3) The board determines, in its sole discretion, that |
2 | there has been no material change in circumstances relating |
3 | to the licensee that necessitates that the abbreviated |
4 | process not be used. |
5 | (d) Renewal.-- |
6 | (1) [Six] Two months prior to expiration of a |
7 | manufacturer license, the manufacturer licensee seeking |
8 | renewal of its license shall submit a renewal application |
9 | accompanied by the renewal fee to the board. |
10 | (2) If the renewal application satisfies the |
11 | requirements of subsection (b), the board may renew the |
12 | licensee's manufacturer license. |
13 | (3) If the board receives a complete renewal application |
14 | but fails to act upon the renewal application prior to the |
15 | expiration of the manufacturer license, the manufacturer |
16 | license shall continue in effect for an additional six-month |
17 | period or until acted upon by the board, whichever occurs |
18 | first. |
19 | (d.1) Authority.--The following shall apply to a licensed |
20 | manufacturer: |
21 | (1) A [licensed] manufacturer or its designee, as |
22 | licensed by the board, may supply or repair any slot machine, |
23 | table game device or associated equipment manufactured by the |
24 | [licensed] manufacturer, provided the manufacturer holds the |
25 | appropriate manufacturer license. |
26 | (2) A manufacturer of slot machines may contract with a |
27 | supplier under section 1317 (relating to supplier licenses) |
28 | to provide slot machines or associated equipment to a slot |
29 | machine licensee within this Commonwealth, provided the |
30 | supplier is licensed to supply slot machines or associated |
|
1 | equipment used in connection with slot machines. |
2 | (3) A manufacturer may contract with a supplier under |
3 | section 1317 to provide table game devices or associated |
4 | equipment to a certificate holder, provided the supplier is |
5 | licensed to supply table game devices or associated equipment |
6 | used in connection with table games. |
7 | (e) Prohibitions.-- |
8 | (1) No person may manufacture slot machines, table game |
9 | devices or associated equipment for use within this |
10 | Commonwealth by a slot machine licensee unless the person has |
11 | been issued [a] the appropriate manufacturer license under |
12 | this section. |
13 | (2) [No] Except as permitted in section 1323.1A |
14 | (relating to training equipment), no slot machine licensee |
15 | may use slot machines, table game devices or associated |
16 | equipment unless the slot machines, table game devices or |
17 | associated equipment were manufactured by a person that has |
18 | been issued [a] the appropriate manufacturer license under |
19 | this section. |
20 | (3) No person issued a license under this section shall |
21 | apply for or be issued a license under section 1317. |
22 | (4) No limitation shall be placed on the number of |
23 | manufacturer licenses issued or the time period to submit |
24 | applications for licensure, except as required to comply with |
25 | section 1306 (relating to order of initial license issuance). |
26 | Section 10.6. Title 4 is amended by adding a section to |
27 | read: |
28 | § 1317.2. Gaming service provider. |
29 | (a) Development of classification system.--The board shall |
30 | develop a classification system governing the certification, |
|
1 | registration and regulation of gaming service providers and |
2 | individuals and entities associated with them. The |
3 | classification system shall be based upon the following: |
4 | (1) The monetary value or amount of business conducted |
5 | or expected to be conducted by the gaming service provider |
6 | with an applicant for a slot machine licensee or a slot |
7 | machine licensee in any consecutive 12-month period. |
8 | (2) Whether the employees of the gaming service provider |
9 | will have access to the gaming floor or any gaming-related |
10 | restricted area of a licensed facility. |
11 | (3) The board's analysis of the goods or services |
12 | provided or to be provided by the gaming service provider. |
13 | (b) Authority to exempt.--The board may exempt any person or |
14 | type of business from the requirements of this section if the |
15 | board determines: |
16 | (1) the person or type of business is regulated by an |
17 | agency of the Federal Government, an agency of the |
18 | Commonwealth or the Pennsylvania Supreme Court; or |
19 | (2) the regulation of the person or type of business is |
20 | determined not to be necessary in order to protect the public |
21 | interest or the integrity of gaming. |
22 | (c) Duties of gaming service providers.--Each gaming service |
23 | provider shall have a continuing duty to: |
24 | (1) Provide all information, documentation and |
25 | assurances as the board may require. |
26 | (2) Cooperate with the board in investigations, hearings |
27 | and enforcement and disciplinary actions. |
28 | (3) Comply with all conditions, restrictions, |
29 | requirements, orders and rulings of the board in accordance |
30 | with this part. |
|
1 | (4) Report any change in circumstances that may render |
2 | the gaming service provider ineligible, unqualified or |
3 | unsuitable for continued registration or certification. |
4 | (d) Requirement for permit.--The board may require employees |
5 | of a gaming service provider to obtain a permit or other |
6 | authorization if, after an analysis of duties, responsibilities |
7 | and functions, the board determines that a permit or other |
8 | authorization is necessary to protect the integrity of gaming. |
9 | (e) Interim authorization.--The board or a designated |
10 | employee of the board may permit a gaming service provider |
11 | applicant to engage in business with an applicant for a slot |
12 | machine license or a slot machine licensee prior to approval of |
13 | the gaming service provider application if the following |
14 | criteria have been satisfied: |
15 | (1) A completed application has been filed with the |
16 | board by the gaming service provider. |
17 | (2) The slot machine applicant or slot machine licensee |
18 | contracting or doing business with the gaming service |
19 | provider certifies that it has performed due diligence on the |
20 | gaming service provider and believes that the applicant meets |
21 | the qualification to be a gaming service provider pursuant to |
22 | this section. |
23 | (3) The gaming service provider applicant agrees in |
24 | writing that the grant of interim authorization to conduct |
25 | business prior to board approval of its application does not |
26 | create a right to continue to engage in business if the board |
27 | determines that the applicant is not suitable or continued |
28 | authorization is not in the public interest. |
29 | (f) Construction.--Nothing in this section shall be |
30 | construed to prohibit the board from rescinding a grant of |
|
1 | interim authorization if, at any time, the suitability of the |
2 | person subject to interim authorization is at issue or if the |
3 | person fails to cooperate with the board, the bureau or an agent |
4 | of the board or bureau. |
5 | (g) Gaming service provider lists.--The board shall: |
6 | (1) Develop and maintain a list of approved gaming |
7 | service providers who are authorized to provide goods or |
8 | services whether under a grant of interim or continued |
9 | authorization. |
10 | (2) Develop and maintain a list of prohibited gaming |
11 | service providers. An applicant for a slot machine license or |
12 | a slot machine licensee may not enter into an agreement or |
13 | engage in business with a gaming service provider listed on |
14 | the prohibited gaming service provider list. |
15 | (h) Emergency authorization.--A slot machine licensee may |
16 | utilize a gaming service provider that has not been approved by |
17 | the board when a threat to public health, welfare or safety |
18 | exists or circumstances outside the control of the slot machine |
19 | licensee require immediate action to mitigate damage or loss to |
20 | the licensee's licensed facility or to the Commonwealth. The |
21 | board shall promulgate regulations to govern the use of gaming |
22 | service providers under emergency circumstances. The regulations |
23 | shall include a requirement that the slot machine licensee |
24 | contact the board immediately upon utilizing a gaming service |
25 | provider that has not been approved by the board. |
26 | (i) Criminal history record information.--If the |
27 | classification system developed by the board in accordance with |
28 | subsection (a) requires a gaming service provider or an |
29 | individual or entity associated with the gaming service provider |
30 | to submit to or provide the bureau with criminal history record |
|
1 | information under 18 Pa.C.S. Ch. 91 (relating to criminal |
2 | history record information), the bureau shall notify a slot |
3 | machine licensee that submitted a certification under subsection |
4 | (e)(2) whether the applicant has been convicted of a felony or |
5 | misdemeanor gambling offense. |
6 | Section 10.7. Sections 1318(c) and 1319 of Title 4 are |
7 | amended to read: |
8 | § 1318. Occupation permit application. |
9 | * * * |
10 | (c) Prohibition.--No slot machine licensee may employ or |
11 | permit any person under 18 years of age to render any service |
12 | whatsoever in any area of its licensed facility [at which] where |
13 | slot machines or table games are physically located. |
14 | § 1319. Alternative manufacturer licensing standards. |
15 | (a) General rule.--The board may determine whether the |
16 | licensing standards of another jurisdiction within the United |
17 | States in which an applicant for a manufacturer license is |
18 | similarly licensed are comprehensive and thorough and provide |
19 | similar adequate safeguards as those required by this part. If |
20 | the board makes that determination, it may issue a manufacturer |
21 | license to an applicant who holds a similar manufacturer license |
22 | in such other jurisdiction after conducting an evaluation of the |
23 | information relating to the applicant from such other |
24 | jurisdictions, as updated by the board, and evaluating other |
25 | information related to the applicant received from that |
26 | jurisdiction and other jurisdictions where the applicant may be |
27 | licensed, the board may incorporate such information in whole or |
28 | in part into its evaluation of the applicant. |
29 | (b) Abbreviated process.--In the event an applicant for a |
30 | [slot machine] manufacturer license is licensed in another |
|
1 | jurisdiction, the board may determine to use an [alternate] |
2 | abbreviated process requiring only that information determined |
3 | by the board to be necessary to consider the issuance of a |
4 | license, including financial viability of the [licensee, to such |
5 | an] applicant. Nothing in this section shall be construed to |
6 | waive any fees associated with obtaining a license through the |
7 | normal application process. |
8 | Section 10.8. Title 4 is amended by adding a section to |
9 | read: |
10 | § 1319.1. Alternative supplier licensing standards. |
11 | (a) General rule.--The board may determine whether the |
12 | licensing standards of another jurisdiction within the United |
13 | States in which an applicant for a supplier's license is |
14 | similarly licensed are comprehensive and thorough and provide |
15 | similar adequate safeguards as required by this part. If the |
16 | board makes that determination, it may issue a supplier license |
17 | to an applicant who holds a similar supplier license in another |
18 | jurisdiction after conducting an evaluation of the information |
19 | relating to the applicant from the other jurisdictions, as |
20 | updated by the board, and evaluating other information related |
21 | to the applicant received from that jurisdiction and other |
22 | jurisdictions where the applicant may be licensed, the board may |
23 | incorporate the information in whole or in part into its |
24 | evaluation of the applicant. |
25 | (b) Abbreviated process.--In the event an applicant for a |
26 | supplier license is licensed in another jurisdiction, the board |
27 | may determine to use an abbreviated process requiring only that |
28 | information determined by the board to be necessary to consider |
29 | the issuance of a license, including financial viability of the |
30 | applicant. Nothing in this section shall be construed to waive |
|
1 | any fees associated with obtaining a license through the normal |
2 | application process. |
3 | Section 10.9. Sections 1321, 1326(a), 1328(a)(1) and (b) and |
4 | 1329 of Title 4 are amended to read: |
5 | § 1321. Additional licenses and permits and approval of |
6 | agreements. |
7 | (a) Requirements.--In addition to the requirements for a |
8 | license or permit specifically set forth in this part, the board |
9 | may require a license [or], permit or other authorization, and |
10 | set a fee for the same, for any key employee or gaming employee |
11 | or any person who satisfies any of the following criteria: |
12 | (1) The person transacts business within this |
13 | Commonwealth with a slot machine licensee as a ticket |
14 | purveyor, tour operator, operator of a bus trip program or |
15 | operator of any other type of travel program or promotional |
16 | business related to slot machines or table games. The board |
17 | may also review, deny, order modification or approve, at its |
18 | discretion, proposed tours, bus routes and travel programs. |
19 | (2) The person is presently not [otherwise] required to |
20 | be licensed or permitted under this part and provides any |
21 | goods, property or services, including, but not limited to, |
22 | management [contracts] services for compensation to a slot |
23 | machine licensee at the licensed facility. |
24 | (b) Agreement.--Any agreement to conduct business within |
25 | this Commonwealth between a person and a slot machine licensee |
26 | relating to slot machines, table games, table game devices or |
27 | associated equipment is subject to the approval of the board in |
28 | accordance with rules and regulations promulgated by the board. |
29 | Every agreement shall be in writing and shall include a |
30 | provision for its termination without liability on the part of |
|
1 | the slot machine licensee upon a finding by the board that the |
2 | agreement is not approved or that it is terminated. Failure to |
3 | expressly include this condition in the agreement is not a |
4 | defense in any action brought under this section relating to the |
5 | termination of the agreement. |
6 | § 1326. License renewals. |
7 | (a) Renewal.--All permits and licenses issued under this |
8 | part unless otherwise provided shall be subject to renewal [on |
9 | an annual basis upon the application of the holder of the permit |
10 | or license submitted to the board at least 60 days prior to the |
11 | expiration of the permit or license] every three years. Nothing |
12 | in this subsection shall relieve a licensee of the affirmative |
13 | duty to notify the board of any changes relating to the status |
14 | of its license or to any other information contained in the |
15 | application materials on file with the board. The application |
16 | for renewal shall be submitted at least 60 days prior to the |
17 | expiration of the permit or license and shall include an update |
18 | of the information contained in the initial and any prior |
19 | renewal applications and the payment of any renewal fee required |
20 | by this part. Unless otherwise specifically provided in this |
21 | part, the amount of any renewal fee shall be calculated by the |
22 | board to reflect the longer renewal period. A permit or license |
23 | for which a completed renewal application and fee, if required, |
24 | has been received by the board will continue in effect unless |
25 | and until the board sends written notification to the holder of |
26 | the permit or license that the board has denied the renewal of |
27 | such permit or license. |
28 | * * * |
29 | § 1328. Change in ownership or control of slot machine |
30 | licensee. |
|
1 | (a) Notification and approval.-- |
2 | (1) A slot machine licensee shall notify the board |
3 | [prior to or] immediately upon becoming aware of any proposed |
4 | or contemplated change of ownership of the slot machine |
5 | licensee by a person or group of persons acting in concert |
6 | which involves any of the following: |
7 | (i) More than 5% of a slot machine licensee's |
8 | securities or other ownership interests. |
9 | (ii) More than 5% of the securities or other |
10 | ownership interests of a corporation or other form of |
11 | business entity that owns directly or indirectly at least |
12 | 20% of the voting or other securities or other ownership |
13 | interests of the licensee. |
14 | (iii) The sale other than in the ordinary course of |
15 | business of a licensee's assets. |
16 | (iv) Any other transaction or occurrence deemed by |
17 | the board to be relevant to license qualifications. |
18 | (b) Qualification of purchaser of slot machine licensee; |
19 | change of control.--The purchaser of the assets, other than in |
20 | the ordinary course of business, of any slot machine licensee |
21 | shall independently qualify for a license in accordance with |
22 | this part and shall pay the license fee as required by section |
23 | 1209 (relating to slot machine license fee). A change in control |
24 | of any slot machine licensee shall require that the slot machine |
25 | licensee independently qualify for a license in accordance with |
26 | this part, and the slot machine licensee shall pay a new license |
27 | fee as required by section 1209, except as otherwise required by |
28 | the board pursuant to this section. The new license fee shall be |
29 | paid upon the assignment and actual change of control or |
30 | ownership of the slot machine license. |
|
1 | * * * |
2 | § 1329. [Nonportability] Portability and relocation of slot |
3 | machine license. |
4 | (a) General rule.--[Each] Except as otherwise provided in |
5 | this section, each slot machine license shall only be valid for |
6 | the specific physical location within the municipality and |
7 | county for which it was originally granted. [No] |
8 | (b) Petition.--An applicant for a slot machine license or a |
9 | slot machine licensee may petition the board to relocate its |
10 | facility. In determining whether to grant a petition to |
11 | relocate, the board shall: |
12 | (1) Evaluate the proposed new location and the reason |
13 | for the relocation. |
14 | (2) Conduct an analysis comparing estimated gross |
15 | terminal revenues and estimated gross table game revenues at |
16 | the proposed new location with estimated or actual gross |
17 | terminal revenues and estimated or actual gross table game |
18 | revenues at the approved current location. |
19 | (3) Conduct an analysis comparing the economic impact of |
20 | the licensed facility at the proposed new location with the |
21 | estimated or actual economic impact at the approved current |
22 | location. The comparative analysis shall include the total |
23 | cost of the project and projected direct and indirect |
24 | employment figures. |
25 | (4) Commission a comprehensive traffic study for the |
26 | proposed new location. |
27 | (5) Evaluate community support or opposition. |
28 | (6) Consider any other information submitted by the |
29 | petitioner or requested by the board. |
30 | (c) Relocation.--A slot machine licensee [shall be permitted |
|
1 | to] may move or relocate [the physical location of] the licensed |
2 | facility [without] with board approval [for] upon good cause |
3 | shown if the relocation of the licensed facility: |
4 | (1) remains within the same county as when it was |
5 | originally licensed; |
6 | (2) will facilitate the timely commencement or the |
7 | continued conduct of gaming operations; |
8 | (3) complies with all other provisions of this part |
9 | related to the siting and location of a licensed facility; |
10 | and |
11 | (4) is in the best interests of the Commonwealth. |
12 | (d) Public input hearing.--The board shall hold at least one |
13 | public input hearing in the municipality where the licensed |
14 | facility will be located prior to ruling on the petition. |
15 | (e) Restriction.--No grant or loan from the Commonwealth may |
16 | be awarded for the purpose of relocating or developing the |
17 | relocated licensed facility to comply with any conditions of |
18 | approval of the relocation. |
19 | Section 11. Title 4 is amended by adding a section to read: |
20 | § 1332. Appointment of trustee. |
21 | (a) Appointment.--Upon petition of the Office of Enforcement |
22 | Counsel, the board may appoint a trustee from the list required |
23 | under subsection (j) to act on behalf of the interests of the |
24 | Commonwealth and the board to ensure compliance with this part |
25 | and any conditions imposed upon the slot machine license. A |
26 | trustee may be appointed only in the following circumstances: |
27 | (1) Upon the revocation, suspension or nonrenewal of a |
28 | slot machine license or a principal license if the principal |
29 | licensee is the only principal who exercises operational |
30 | control of the licensed facility. |
|
1 | (2) Upon the failure to renew a slot machine license or |
2 | a principal license if the principal licensee is the only |
3 | principal who exercises operational control of the licensed |
4 | facility. |
5 | (3) If necessary to protect the best interests of the |
6 | Commonwealth. |
7 | (b) Qualifications.--The following shall apply: |
8 | (1) A trustee shall be required to qualify as a |
9 | principal and obtain a principal license. The board may |
10 | appoint a trustee and award the trustee a temporary principal |
11 | license as prescribed in board regulations. |
12 | (2) Before assuming duties, a trustee shall execute and |
13 | file a bond for the faithful performance of the trustee's |
14 | duties. The bond shall be payable to the board with sureties |
15 | and in the amount and form as required by board order. The |
16 | cost of the bond shall be paid by the former or suspended |
17 | licensee. |
18 | (3) A trustee shall be a resident of this Commonwealth. |
19 | (c) Powers.--A trustee appointed under this section shall |
20 | exercise only those powers, duties and responsibilities |
21 | expressly conferred upon the trustee by the board. The board's |
22 | order appointing the trustee shall set forth the powers, duties |
23 | and responsibilities of the trustee which may include: |
24 | (1) Maintaining and operating the licensed facility in a |
25 | manner that complies with this part and any conditions |
26 | imposed by the board. |
27 | (2) Maintaining and operating the licensed facility |
28 | consistent with the measures generally taken in the ordinary |
29 | course of business including: |
30 | (i) Entering into contracts. |
|
1 | (ii) Borrowing money. |
2 | (iii) Pledging, mortgaging or otherwise encumbering |
3 | the licensed facility or property thereof as security for |
4 | the repayment of loans subject to any provisions and |
5 | restrictions in any existing credit documents. |
6 | (iv) Hiring, firing and disciplining employees. |
7 | (3) Exercising the rights and obligations of the former |
8 | or suspended licensee. |
9 | (4) Taking possession of all of the assets of the slot |
10 | machine licensee, including its books, records and papers. |
11 | (5) Establishing accounts with financial institutions. |
12 | An account may not be established with a financial |
13 | institution in which the licensee, an affiliate of the former |
14 | or suspended licensee, the trustee, or an immediate family |
15 | member of the trustee, has a controlling interest. |
16 | (6) Meeting with the former or suspended licensee. |
17 | (7) Meeting with principals and key employees at the |
18 | licensed facility. |
19 | (8) Meeting with the independent audit committee. |
20 | (9) Meeting with the board's executive director and |
21 | keeping the board's executive director apprised of actions |
22 | taken and the trustee's plans and goals for the future. |
23 | (10) Hiring legal counsel, accountants or other |
24 | consultants or assistants, with prior approval of the board, |
25 | as necessary to carry out the trustee's duties and |
26 | responsibilities. |
27 | (11) Settling or compromising with any debtor or |
28 | creditor of the former or suspended licensee, including any |
29 | taxing authority. |
30 | (12) Reviewing outstanding agreements to which the |
|
1 | former or suspended licensee is a party and advising the |
2 | board as to which, if any, of the agreements should be the |
3 | subject of scrutiny, examination or investigation by the |
4 | board. |
5 | (13) Obtaining board approval prior to any sale, change |
6 | of ownership, change of control, change of financial status, |
7 | restructuring, transfer of assets or execution of a contract |
8 | or any other action taken outside of the ordinary course of |
9 | business. |
10 | (14) Obtaining board approval for any payments outside |
11 | of those made in the ordinary course of business. |
12 | Notwithstanding any provision contained in this subsection to |
13 | the contrary, the trustee shall have the duty to conserve and |
14 | preserve the assets of the licensed gaming entity. |
15 | (d) Compensation.--The board shall establish the |
16 | compensation of a trustee and shall review and approve actual |
17 | and reasonable costs and expenses of the trustee, legal counsel, |
18 | accountants or other consultants or assistants hired by the |
19 | trustee. The compensation, costs and expenses shall be paid by |
20 | the former or suspended licensee. Total compensation for the |
21 | trustee and all persons hired or retained by the trustee under |
22 | subsection (c)(10) shall not exceed $600 per hour in the |
23 | aggregate unless otherwise increased by the board pursuant to |
24 | subsection (d.2). |
25 | (d.1) Calculation of compensation.--In determining the |
26 | aggregate hourly rate of compensation to be paid to the trustee |
27 | and all other persons hired or retained by the trustee, the |
28 | board shall consider: |
29 | (1) The time and labor required, the difficulty of the |
30 | questions involved and the skill required to properly perform |
|
1 | the required services. |
2 | (2) Whether the acceptance of the position by the |
3 | trustee or other person will preclude the trustee or other |
4 | person from other employment. |
5 | (3) The fee customarily charged for similar services. |
6 | (4) The nature and potential length of the duties. |
7 | (5) The experience, reputation and ability of the |
8 | trustee or other person selected to perform the services. |
9 | (d.2) Compensation exceptions.-- |
10 | (1) On January 1 of each year, the board may adjust the |
11 | aggregate hourly rate of compensation authorized under |
12 | subsection (d) for inflation. The adjustment shall not exceed |
13 | the percentage change in the Consumer Price Index for All |
14 | Urban Consumers for the Pennsylvania, New Jersey, Delaware |
15 | and Maryland area for the most recent 12-month period for |
16 | which figures have been officially reported by the United |
17 | States Department of Labor, Bureau of Labor Statistics. When |
18 | adjusted, the board shall publish the adjusted aggregate |
19 | hourly rate of compensation in the Pennsylvania Bulletin. |
20 | (2) Upon petition by the Director of the Office of |
21 | Enforcement Counsel, the board may increase the total hourly |
22 | rate of compensation above the limitation contained in |
23 | subsection (d) for good cause shown. The board shall consider |
24 | the factors under subsection (d.1) when calculating any |
25 | increase requested by the office. |
26 | (e) Reports.--A trustee shall file reports relating to the |
27 | administration of the trusteeship with the board in the form and |
28 | at intervals as the board orders. The board may direct that |
29 | copies or portions of the trustee's reports be mailed to |
30 | creditors or other parties in interest and make summaries of the |
|
1 | reports available to the public and shall post them on the |
2 | board's Internet website. |
3 | (f) Review of actions.--A creditor or other party in |
4 | interest aggrieved by any alleged breach of a delegated power or |
5 | duty or responsibility of a trustee in the discharge of the |
6 | trustee's duties may request a review of the trustee's action or |
7 | inaction by filing a petition in accordance with board |
8 | regulations. The petition must set forth in detail the pertinent |
9 | facts and the reasons why the facts constitute the alleged |
10 | breach. The board shall review any petition filed under this |
11 | section and take whatever action, if any, it deems appropriate. |
12 | (g) Effect of the trusteeship.--After issuance of an order |
13 | to appoint a trustee, the former or suspended principal or slot |
14 | machine licensee may not exercise any of its privileges, collect |
15 | or receive any debts or pay out, sell, assign or transfer any of |
16 | its assets to anyone without prior approval of the appointed |
17 | trustee and the board. |
18 | (h) Disposition of net income.--During the period of |
19 | trusteeship, net income from the licensed facility shall be |
20 | deposited in an escrow account maintained for that purpose. |
21 | Payments from the escrow account during the period of |
22 | trusteeship may not be made without the prior approval of the |
23 | board. A suspended or former principal or slot machine licensee |
24 | may request distribution of all or a portion of the funds in the |
25 | escrow account during the period of trusteeship by filing a |
26 | petition in accordance with board regulation. The suspended or |
27 | former principal or slot machine licensee shall have the burden |
28 | of demonstrating good cause for the distribution of the funds |
29 | requested. |
30 | (i) Discontinuation.--The board may issue an order to |
|
1 | discontinue a trusteeship when: |
2 | (1) the board determines that circumstances requiring |
3 | the appointment of the trustee no longer exist; or |
4 | (2) the trustee has, with the prior approval of the |
5 | board, consummated the sale, assignment, conveyance or other |
6 | disposition of all the assets or interest of the former |
7 | principal or slot machine licensee relating to the slot |
8 | machine license. |
9 | (j) List of approved trustees.--The board shall promulgate |
10 | regulations governing establishment of a list of persons |
11 | approved by the board and qualified to serve as a trustee. At a |
12 | minimum, the regulations shall provide for the following: |
13 | (1) The minimum qualifications a person must possess to |
14 | be approved as a trustee, which shall include the |
15 | qualifications set forth in subsection (b). |
16 | (2) The procedure for placement on or removal from the |
17 | approved trustee list. |
18 | (3) Any other information the board deems necessary to |
19 | carry out the intent of this section. |
20 | Section 11.1. Title 4 is amended by adding a chapter to |
21 | read: |
22 | CHAPTER 13A |
23 | TABLE GAMES |
24 | Subchapter |
25 | A. General Provisions |
26 | B. Table Games Authorized |
27 | C. Conduct of Table Games |
28 | D. (Reserved) |
29 | E. Table Game Testing and Certification |
30 | F. (Reserved) |
|
1 | G. Table Game Taxes and Fees |
2 | SUBCHAPTER A |
3 | GENERAL PROVISIONS |
4 | Sec. |
5 | 1301A. (Reserved). |
6 | 1302A. Regulatory authority. |
7 | 1303A. Temporary table game regulations. |
8 | 1304A. Commonwealth resident employment goals. |
9 | § 1301A. (Reserved). |
10 | § 1302A. Regulatory authority. |
11 | The board shall promulgate regulations: |
12 | (1) Establishing standards and procedures for table |
13 | games and table game devices or associated equipment, |
14 | including standards distinguishing electronic gaming tables, |
15 | fully automated electronic gaming tables and traditional |
16 | gaming tables. The standards and procedures shall provide for |
17 | any new table games or gaming tables and variations or |
18 | composites of approved table games or gaming tables, provided |
19 | the board determines that the new table game, gaming table or |
20 | any variations or composites or other approved table games or |
21 | gaming tables are suitable for use after a test or |
22 | experimental period under the terms and conditions as the |
23 | board may deem appropriate. |
24 | (2) Establishing standards and rules to govern the |
25 | conduct of table games and the system of wagering associated |
26 | with table games, including the conduct of table games and |
27 | the system of wagering on electronic gaming tables and fully |
28 | automated electronic gaming tables. |
29 | (2.1) Establishing the method for calculating gross |
30 | table game revenue and standards for the daily counting and |
|
1 | recording of cash and cash equivalents received in the |
2 | conduct of table games, including the conduct of table games |
3 | on electronic gaming tables and fully automated electronic |
4 | gaming tables, and ensuring that internal controls are |
5 | followed, including observation by employees of the board of |
6 | that process, the maintenance of financial books and records |
7 | and the conduct of audits. |
8 | (3) Establishing notice requirements pertaining to |
9 | minimum and maximum wagers on table games. Minimum and |
10 | maximum wagers may be adjusted by the certificate holder in |
11 | the normal course of conducting table games, except that |
12 | changes in minimum wagers at any given gaming table shall not |
13 | apply to players already engaged in wagering at that gaming |
14 | table when the minimum wager is changed, unless 30 minutes |
15 | notice is provided at that gaming table. |
16 | (4) Requiring each certificate holder to: |
17 | (i) Provide written information at each operational |
18 | gaming table about table game rules, payoffs or winning |
19 | wagers and other information as the board may require. |
20 | (ii) Provide specifications approved by the board |
21 | under section 1207(11) (relating to regulatory authority |
22 | of board) to integrate and update the licensed facility's |
23 | surveillance system to cover all areas where table games |
24 | are conducted. The specifications shall include |
25 | provisions providing the board and other persons |
26 | authorized by the board with onsite access to the system |
27 | or its signal. |
28 | (iii) Designate one or more locations within the |
29 | licensed facility to conduct table games. |
30 | (iv) Ensure that visibility in a licensed facility |
|
1 | is not obstructed in any way that could interfere with |
2 | the ability of the certificate holder, the board and |
3 | other persons authorized under this part or by the board |
4 | to oversee the surveillance of the conduct of table |
5 | games. |
6 | (v) Integrate the licensed facility's count room for |
7 | slot machine and table game operations to ensure maximum |
8 | security of the counting and storage of cash and cash |
9 | equivalents. |
10 | (vi) Equip each operational gaming table with a sign |
11 | indicating the permissible minimum and maximum wagers at |
12 | the gaming table. |
13 | (vii) Adopt policies or procedures to prohibit any |
14 | table game device or associated equipment from being |
15 | possessed, maintained or exhibited by any person on the |
16 | premises of a licensed facility except in the areas of a |
17 | licensed facility where the conduct of table games is |
18 | authorized or in a restricted area designated to be used |
19 | for the inspection, service, repair or storage of table |
20 | game devices or associated equipment by the certificate |
21 | holder or in an area used for employee training and |
22 | instruction by the certificate holder. |
23 | (viii) Equip all drop boxes in which cash, cash |
24 | equivalents, fill slips, credit slips or inventory slips |
25 | are deposited at the gaming tables, and all areas where |
26 | drop boxes are kept while in use, with two locking |
27 | devices or keys, of which one locking device or key shall |
28 | be under the exclusive control of the board, and the |
29 | second locking device or key shall be under the exclusive |
30 | control of the certificate holder's designated employees. |
|
1 | The drop boxes shall be brought into or removed from an |
2 | area where table games are conducted or locked or |
3 | unlocked in accordance with procedures established by the |
4 | board. |
5 | (ix) Designate secure locations for the inspection |
6 | and storage of table game devices and associated |
7 | equipment as may be approved by the board. |
8 | (5) Establishing the size and uniform color by |
9 | denomination of all chips used in the conduct of table games, |
10 | including contests and tournaments, and a policy for the use |
11 | of promotional or commemorative chips used in the conduct of |
12 | table games. All types of chips shall be approved by the |
13 | board prior to being used for play at a table game at a |
14 | licensed facility. |
15 | (5.1) Establishing the procedure to be used by a |
16 | certificate holder to determine and extract a rake for the |
17 | purposes of generating gross table game revenue from |
18 | nonbanking games. The rake may be calculated as a percentage |
19 | or a flat fee. |
20 | (6) Establishing minimum standards relating to the |
21 | acceptance of tips or gratuities by dealers and croupiers at |
22 | a table game, which shall include: |
23 | (i) The requirement that tips or gratuities accepted |
24 | by dealers and croupiers at banking games be placed in a |
25 | common pool for complete distribution pro rata among all |
26 | dealers and croupiers. |
27 | (ii) The right of the certificate holder to |
28 | establish policies under which tips or gratuities |
29 | accepted by dealers and croupiers at nonbanking games are |
30 | not required to be pooled and may be retained by the |
|
1 | dealers and croupiers. |
2 | Nothing in this paragraph shall prohibit a certificate holder |
3 | from adopting a formal policy relating to acceptance of tips |
4 | and gratuities, provided that the policy meets the minimum |
5 | standards established by the board under this paragraph. |
6 | (7) Establishing the minimal proficiency requirements |
7 | for individuals to successfully complete a course of training |
8 | at a gaming school. The regulations shall not prohibit a slot |
9 | machine licensee from establishing a course of training for |
10 | its employees or potential employees or prohibit a |
11 | certificate holder from offering employment to an individual |
12 | who has not attended or completed a course of instruction at |
13 | a gaming school and shall require a slot machine licensee |
14 | that elects to train its gaming employees or potential table |
15 | game employees to submit a detailed summary of the training |
16 | program to the board and to demonstrate the adequacy of the |
17 | training. The regulations shall prohibit a slot machine |
18 | licensee from charging its employees or potential employees a |
19 | fee to complete a course of training. |
20 | (8) Permitting certificate holders to request |
21 | authorization to conduct, and to conduct, tournaments and |
22 | establishing the practices and procedures governing the |
23 | conduct of the tournaments. The number of gaming tables used |
24 | during a contest or tournament shall not be counted toward |
25 | the maximum number of gaming tables authorized by the |
26 | certificate holder's table game operation certificate. |
27 | § 1303A. Temporary table game regulations. |
28 | (a) Promulgation.--In order to facilitate the prompt |
29 | implementation of this chapter, regulations promulgated by the |
30 | board shall be deemed temporary regulations which shall expire |
|
1 | not later than two years following the publication of the |
2 | temporary regulation. The board may promulgate temporary |
3 | regulations not subject to: |
4 | (1) Sections 201, 202, 203, 204 and 205 of the act of |
5 | July 31, 1968 (P.L.769, No.240), referred to as the |
6 | Commonwealth Documents Law. |
7 | (2) The act of June 25, 1982 (P.L.633, No.181), known as |
8 | the Regulatory Review Act. |
9 | (3) Sections 204(b) and 301(10) of the act of October |
10 | 15, 1980 (P.L.950, No.164), known as the Commonwealth |
11 | Attorneys Act. |
12 | (b) Expiration.--Except for temporary regulations governing |
13 | the rules of new table games approved by the board, the board's |
14 | authority to adopt temporary regulations under subsection (a) |
15 | shall expire two years after the effective date of this section. |
16 | Regulations adopted after this period shall be promulgated as |
17 | provided by law. |
18 | (c) Temporary regulations.--The board shall begin publishing |
19 | temporary regulations governing table game rules, licensing of |
20 | manufacturers and suppliers and surveillance standards in the |
21 | Pennsylvania Bulletin no later than February 1, 2010. |
22 | § 1304A. Commonwealth resident employment goals. |
23 | (a) Employment opportunities.--It is the goal of the General |
24 | Assembly that the board promote and ensure the availability of |
25 | employment opportunities for Commonwealth residents in table |
26 | games and table game-related operations as authorized in this |
27 | chapter. The board shall work with each certificate holder to |
28 | ensure that a significant number of Commonwealth residents are |
29 | employed by a certificate holder relating to table games. It is |
30 | also the goal of the General Assembly that Commonwealth |
|
1 | residents comprise at least 85% of each certificate holder's |
2 | table game-related employees by the end of the third year |
3 | following commencement of the conduct of table games at each |
4 | certificate holder's licensed facility. |
5 | (b) Review.--The board shall conduct an annual review to |
6 | ascertain each certificate holder's progress in achieving the |
7 | goals of this section and whether each certificate holder has |
8 | taken effective and meaningful action to employ Commonwealth |
9 | residents in table game-related positions at licensed |
10 | facilities. The first review shall be completed one year |
11 | following the award of the first table game operation |
12 | certificate. Each annual review shall contain recommendations |
13 | which the board determines appropriate and may be combined with |
14 | any other review or study required by the board under this part. |
15 | The review shall be submitted to the chairman and minority |
16 | chairman of the standing committees of the Senate and of the |
17 | House of Representatives with jurisdiction over this part. |
18 | SUBCHAPTER B |
19 | TABLE GAMES AUTHORIZED |
20 | Sec. |
21 | 1311A. Authorization to conduct table games. |
22 | 1312A. Petition requirements. |
23 | 1313A. Prohibitions. |
24 | 1314A. Table game authorization hearing process; public input |
25 | hearings. |
26 | 1315A. Standard for review of petitions. |
27 | 1316A. Award of certificate. |
28 | 1316.1A. Amendment of statement of conditions. |
29 | 1317A. Table game operation certificate. |
30 | 1318A. Timing of initial table game authorizations. |
|
1 | § 1311A. Authorization to conduct table games. |
2 | (a) Authorization.--The board may authorize a slot machine |
3 | licensee to conduct table games, including table game contests |
4 | and tournaments, and to operate a system of wagering associated |
5 | with the conduct of table games at the slot machine licensee's |
6 | licensed facility. Authorization shall be contingent upon the |
7 | slot machine licensee's agreement to ensure that slot machine |
8 | and table game operations will be conducted in accordance with |
9 | this part and any other conditions established by the board. |
10 | Nothing in this part shall be construed to create a separate |
11 | license governing the conduct of table games by licensed |
12 | entities within this Commonwealth. |
13 | (b) Number of authorized gaming tables.-- |
14 | (1) A Category 1 and Category 2 slot machine licensee |
15 | awarded a table game operation certificate may operate up to |
16 | 250 gaming tables at any one time at its licensed facility. |
17 | No more than 75 of these gaming tables may be used to play |
18 | nonbanking games at any one time. |
19 | (2) A Category 3 slot machine licensee awarded a table |
20 | game operation certificate may operate up to 50 gaming tables |
21 | at any one time at its licensed facility. No more than 15 of |
22 | these gaming tables may be used to play nonbanking games at |
23 | any one time. |
24 | (c) Additional authorization.--Notwithstanding subsection |
25 | (b), the board and, if authorized by the board under section |
26 | 1321A (relating to authorized locations for operation), the |
27 | executive director may authorize the certificate holder to |
28 | exceed the total number of gaming tables authorized in |
29 | subsection (b) and its table game operation certificate for the |
30 | purpose of conducting contests or tournaments in accordance with |
|
1 | section 1321A. |
2 | § 1312A. Petition requirements. |
3 | (a) General rule.--Unless otherwise prohibited under section |
4 | 1313A (relating to prohibitions), a slot machine licensee may |
5 | seek approval to conduct table games by filing a petition with |
6 | the board. |
7 | (b) Petition contents.--A petition seeking authorization to |
8 | conduct table games shall include the following: |
9 | (1) The name, business address and contact information |
10 | of the petitioner. |
11 | (2) The name and business address, job title and a |
12 | photograph of each principal and key employee of the |
13 | petitioner who will be involved in the conduct of table games |
14 | and who is not currently licensed by the board, if known. |
15 | (3) An itemized list of the number of gaming tables and |
16 | types of table games for which authorization is being sought. |
17 | (4) The estimated number of full-time and part-time |
18 | employment positions that will be created at the licensed |
19 | facility if table games are authorized and an updated hiring |
20 | plan pursuant to section 1510(a) (relating to labor hiring |
21 | preferences) which outlines the petitioner's plan to promote |
22 | the representation of diverse groups and Commonwealth |
23 | residents in the employment positions. |
24 | (5) A brief description of the economic benefits |
25 | expected to be realized by the Commonwealth, its |
26 | municipalities and its residents if table games are |
27 | authorized at the petitioner's licensed facility. |
28 | (6) The details of any financing obtained or that will |
29 | be obtained to fund an expansion or modification of the |
30 | licensed facility to accommodate table games and to otherwise |
|
1 | fund the cost of commencing table game operations. |
2 | (7) Information and documentation concerning financial |
3 | background and resources, as the board may require, to |
4 | establish by clear and convincing evidence the financial |
5 | stability, integrity and responsibility of the petitioner. |
6 | (8) Information and documentation, as the board may |
7 | require, to establish by clear and convincing evidence that |
8 | the petitioner has sufficient business ability and experience |
9 | to create and maintain a successful table game operation. In |
10 | making this determination, the board may consider the results |
11 | of the petitioner's slot machine operation, including |
12 | financial information, employment data and capital |
13 | investment. |
14 | (9) Information and documentation, as the board may |
15 | require, to establish by clear and convincing evidence that |
16 | the petitioner has or will have the financial ability to pay |
17 | the authorization fee under section 1361A (relating to table |
18 | game authorization fee). |
19 | (10) Detailed site plans identifying the petitioner's |
20 | proposed table game area within the licensed facility. |
21 | (11) If the petitioner is a Category 1 or Category 2 |
22 | slot machine licensee, a waiver, on a form prescribed by the |
23 | board which is signed by the petitioner and acknowledged by |
24 | each of the petitioner's principals, of the following rights |
25 | arising as a result of an amendment or addition to this part |
26 | that took effect at the same time as the effective date of |
27 | this section: |
28 | (i) the petitioner's right under section 1209(f) |
29 | (relating to slot machine license fee) or under any |
30 | contract executed by the applicant and the department |
|
1 | under section 1209(c) to receive the return of any |
2 | portion of the slot machine license fee paid by the |
3 | petitioner for its slot machine license; and |
4 | (ii) the petitioner's right, if any, to sue for the |
5 | return of any portion of the slot machine license fee |
6 | paid by the petitioner for its slot machine license. |
7 | (12) Other information as the board may require. |
8 | (c) Confidentiality.--Information submitted to the board |
9 | under subsection (b)(6), (7), (9), (10) and (12) may be |
10 | considered confidential by the board if the information would be |
11 | confidential under section 1206(f) (relating to board minutes |
12 | and records). |
13 | § 1313A. Prohibitions. |
14 | (a) Slot machine licensee.--No slot machine licensee that is |
15 | required as a condition of slot machine licensure to make |
16 | payments to a municipality, municipal authority or other entity |
17 | for an economic development project, including any project |
18 | enumerated in the act of July 25, 2007 (P.L.342, No.53), known |
19 | as Pennsylvania Gaming Economic Development and Tourism Fund |
20 | Capital Budget Itemization Act of 2007, may submit a petition |
21 | under section 1312A (relating to petition requirements) until |
22 | the requirements of section 1214(a) (relating to specific |
23 | authority to suspend slot machine license) are met. |
24 | (b) Duties of board.--The board shall not accept or approve |
25 | a petition submitted by any slot machine licensee subject to |
26 | subsection (a) until the written agreement required by section |
27 | 1214(a) is submitted by the slot machine licensee to the board, |
28 | which shall ensure the written agreement meets the requirements |
29 | of section 1214(a) and all conditions relating to the economic |
30 | development project imposed by the board when awarding the slot |
|
1 | machine license to the licensee are satisfied. |
2 | (c) Construction.--Nothing in this section shall be |
3 | construed to relieve a slot machine licensee of its legal |
4 | obligation to make any required payments referenced under this |
5 | section if the slot machine licensee elects not to petition the |
6 | board for authorization to conduct table games. |
7 | § 1314A. Table game authorization hearing process; public input |
8 | hearings. |
9 | (a) General rule.--The board's consideration and resolution |
10 | of all petitions to conduct table games shall be conducted in |
11 | accordance with 2 Pa.C.S. (relating to administrative law and |
12 | procedure) or with procedures adopted by order of the board. |
13 | Notwithstanding the requirements of 2 Pa.C.S. §§ 504 (relating |
14 | to hearing and record) and 505 (relating to evidence and cross- |
15 | examination) as they relate to the conduct of oral hearings, the |
16 | board may adopt procedures to provide parties before it with a |
17 | documentary hearing, and the board may resolve disputed material |
18 | facts without conducting an oral hearing where constitutionally |
19 | permissible. |
20 | (b) Public input hearing requirement.-- |
21 | (1) Prior to granting a petition for a slot machine |
22 | licensee to conduct table games under this chapter, the board |
23 | shall hold at least one public input hearing on the matter in |
24 | the municipality where the petitioner's licensed facility is |
25 | located. |
26 | (2) A list of all witnesses scheduled to testify at a |
27 | public input hearing shall be posted on the board's Internet |
28 | website at least seven days prior to the hearing. The list |
29 | shall be updated at least three days prior to the hearing. |
30 | Additional witnesses shall be posted on the board's Internet |
|
1 | website as they are added to the list. |
2 | § 1315A. Standard for review of petitions. |
3 | The board shall approve a petition if the petitioner |
4 | establishes, by clear and convincing evidence, all of the |
5 | following: |
6 | (1) The petitioner's slot machine license is in good |
7 | standing with the board. |
8 | (2) The conduct of table games at the petitioner's |
9 | licensed facility will have a positive economic impact on the |
10 | Commonwealth, its municipalities and residents through |
11 | increased revenues and employment opportunities. |
12 | (3) The petitioner possesses adequate funds or has |
13 | secured adequate financing to: |
14 | (i) Fund any necessary expansion or modification of |
15 | the petitioner's licensed facility to accommodate the |
16 | conduct of table games. |
17 | (ii) Pay the authorization fee in accordance with |
18 | section 1361A (relating to table game authorization fee). |
19 | (iii) Commence table game operations at its licensed |
20 | facility. |
21 | (4) The petitioner has the financial stability, |
22 | integrity and responsibility to conduct table games. |
23 | (5) The petitioner has sufficient business ability and |
24 | experience to create and maintain a successful table game |
25 | operation. |
26 | (6) The petitioner's proposed internal and external |
27 | security and proposed surveillance measures within the area |
28 | of the licensed facility where the petitioner seeks to |
29 | conduct table games are adequate. |
30 | (7) The petitioner agrees that the number of slot |
|
1 | machines in operation at its licensed facility on October 1, |
2 | 2009, will not be permanently reduced in order to install |
3 | gaming tables. |
4 | (8) The petitioner has executed the waiver required |
5 | under section 1312A(b)(11) (relating to petition |
6 | requirements) and provided any other information required by |
7 | section 1312A(b). |
8 | § 1316A. Award of certificate. |
9 | Upon approval of a petition, the board shall award a table |
10 | games operation certificate to the petitioner. Awarding of a |
11 | table game operation certificate prior to the payment in full of |
12 | the authorization fee required by section 1361A (relating to |
13 | table game authorization fee) shall not relieve the petitioner |
14 | from complying with the provisions of section 1361A. |
15 | § 1316.1A. Amendment of statement of conditions. |
16 | (a) Amendment.--Upon awarding a table game operation |
17 | certificate, the board shall amend the slot machine licensee's |
18 | statement of conditions governing the slot machine license to |
19 | include conditions pertaining to the requirements of this part. |
20 | If the slot machine licensee is a Category 1 or Category 2 slot |
21 | machine licensee, amendments to the statement of conditions |
22 | shall include a requirement that the slot machine licensee |
23 | acknowledge and honor the waiver of rights required to be filed |
24 | under section 1312A(b)(11) (relating to petition requirements). |
25 | (b) Sanctions.--A certificate holder that fails to abide by |
26 | this part or any condition contained in the licensee's statement |
27 | of conditions in the conduct of table games shall be subject to |
28 | board-imposed administrative sanctions or other penalties |
29 | authorized under this part. |
30 | § 1317A. Table game operation certificate. |
|
1 | The following shall apply: |
2 | (1) A table game operation certificate shall be in |
3 | effect unless: |
4 | (i) Suspended or revoked by the board consistent |
5 | with the requirements of this part. |
6 | (ii) The slot machine license held by the |
7 | certificate holder is suspended, revoked or not renewed |
8 | by the board consistent with the requirements of this |
9 | part. |
10 | (iii) The certificate holder relinquishes or does |
11 | not seek renewal of its slot machine license. |
12 | (2) The table game operation certificate shall include |
13 | an itemized list by type of table game and the number of |
14 | gaming tables approved by the board and permitted in the |
15 | certificate holder's licensed facility. The certificate |
16 | holder may increase or decrease the number of gaming tables |
17 | permitted at the licensed facility, change the type of table |
18 | games played at a particular gaming table or change the |
19 | configuration of gaming tables upon notice to the board and |
20 | approval by a designated employee of the board. Unless |
21 | approved by the board, the total number of gaming tables in |
22 | operation at the licensed facility may not exceed the number |
23 | authorized in the table games operation certificate. |
24 | (3) A certificate holder shall be required to update the |
25 | information in its initial table games petition at times |
26 | prescribed by the board. |
27 | § 1318A. Timing of initial table game authorizations. |
28 | The board shall approve or deny a petition within 60 days |
29 | following receipt of the petition. |
30 | SUBCHAPTER C |
|
1 | CONDUCT OF TABLE GAMES |
2 | Sec. |
3 | 1321A. Authorized locations for operation. |
4 | 1322A. Commencement of table game operations. |
5 | 1323A. Training of employees and potential employees. |
6 | 1323.1A. Training equipment. |
7 | 1324A. Condition of continued operation. |
8 | 1325A. Table game accounting controls and audit protocols. |
9 | 1326A. Cash equivalents. |
10 | 1327A. Other financial transactions. |
11 | 1328A. Key employees and occupation permits. |
12 | 1329A. Application of Clean Indoor Air Act. |
13 | 1329.1A. Application of Liquor Code. |
14 | § 1321A. Authorized locations for operation. |
15 | (a) Restriction.--A certificate holder shall only be |
16 | permitted to operate table games at the licensed facility, a |
17 | temporary facility authorized under subsection (a.1) or an area |
18 | authorized under subsection (b). |
19 | (a.1) Temporary facilities.--The board may permit a |
20 | certificate holder to conduct table games at a temporary |
21 | facility which is physically connected to, attached to or |
22 | adjacent to a licensed facility for a period not to exceed 24 |
23 | months. |
24 | (b) Powers and duties of board.--Upon request made by a |
25 | certificate holder, the board may determine the suitability of a |
26 | hotel for the conduct of table games. The board may authorize |
27 | the executive director to designate specific areas of a licensed |
28 | facility, other than the gaming floor, or specific areas of a |
29 | hotel, including conference rooms, ballrooms or other rooms, in |
30 | which the certificate holder may conduct table game contests or |
|
1 | tournaments. No certificate holder may be approved to conduct |
2 | table games in a licensed facility or a hotel unless the areas |
3 | to be designated are equipped with adequate security and |
4 | surveillance equipment to ensure the integrity of the conduct of |
5 | a table game contest or tournament. The certificate holder shall |
6 | notify the board of the number of gaming tables that the |
7 | certificate holder intends to operate during a contest or |
8 | tournament, and the board shall designate an employee of the |
9 | board to approve or deny the request. An authorization granted |
10 | under this section may not: |
11 | (1) Impose any criteria or requirements regarding the |
12 | contents or structure of a hotel which are unrelated to the |
13 | conduct of table games. |
14 | (2) Authorize the placement or operation of slot |
15 | machines in a hotel. |
16 | (3) Count the number of gaming tables to be utilized in |
17 | a contest or tournament toward the number of approved gaming |
18 | tables in the table game operation certificate. |
19 | § 1322A. Commencement of table game operations. |
20 | A certificate holder may not operate or offer table games for |
21 | play at a licensed facility until the board determines that: |
22 | (1) The certificate holder is in compliance with the |
23 | requirements of this part. |
24 | (2) The certificate holder's internal controls and audit |
25 | protocols are sufficient to meet the requirements of section |
26 | 1325A (relating to table game accounting controls and audit |
27 | protocols). |
28 | (3) The certificate holder's table game employees, where |
29 | applicable, are licensed, permitted or otherwise authorized |
30 | by the board to perform their respective duties. |
|
1 | (4) The certificate holder is prepared in all respects |
2 | to offer table game play to the public at the licensed |
3 | facility. |
4 | (5) The certificate holder has implemented necessary |
5 | internal and management controls and security arrangements |
6 | and surveillance systems for the conduct of table games. |
7 | (6) The certificate holder is in compliance with or has |
8 | complied with section 1361A (relating to table game |
9 | authorization fee). |
10 | § 1323A. Training of employees and potential employees. |
11 | (a) Adequacy.--A slot machine licensee that elects to offer |
12 | table game training to its employees or potential employees |
13 | shall submit to the board a detailed summary of the training |
14 | program demonstrating the adequacy of the training. |
15 | (b) Authorization.--Notwithstanding any provision of this |
16 | part to the contrary, the executive director of the board may |
17 | authorize a slot machine licensee to conduct table game training |
18 | and instruction for the slot machine licensee's employees and |
19 | potential employees. |
20 | (c) Effect.--Authorization granted under subsection (b) |
21 | shall do all of the following: |
22 | (1) Permit a slot machine licensee to conduct training |
23 | at a location within the licensed facility or at another |
24 | location. |
25 | (2) Require any training authorized on the gaming floor |
26 | to be conducted in a specified area of the gaming floor that |
27 | is clearly identified as a training area and not accessible |
28 | to the public |
29 | (3) Designate a secure area at the location where the |
30 | training will take place for the storage of table game |
|
1 | devices and associated equipment used for training. |
2 | (4) Limit the number of table game devices and |
3 | associated equipment to that necessary to conduct training. |
4 | (5) Prohibit the payment of any cash, cash equivalent or |
5 | other prize to an individual as a result of play conducted |
6 | during training or play conducted utilizing table game |
7 | devices or associated equipment obtained under section |
8 | 1323.1A (relating to training equipment). |
9 | (6) Prohibit a slot machine licensee from charging its |
10 | employees or potential employees a fee to participate in the |
11 | training. |
12 | (c) Rescission or revocation.—-An authorization granted by |
13 | the executive director under subsection (b) may be rescinded or |
14 | revoked by the executive director or the board without cause. |
15 | The slot machine licensee shall be given notice that the |
16 | authorization has been rescinded or revoked and afforded a |
17 | reasonable time to take all necessary actions required by the |
18 | executive director or the board. |
19 | (d) Prohibition.--The board shall be prohibited from |
20 | charging a fee as a condition of receiving authorization under |
21 | subsection (b). |
22 | § 1323.1 A. Training equipment. |
23 | (a) Acquisition—-Notwithstanding section 1317 (relating to |
24 | supplier licenses) or section 1317.1 (relating to manufacturer |
25 | licenses), for a one-year period following the effective date of |
26 | this section, a slot machine licensee may purchase, lease or |
27 | otherwise obtain table game devices or associated equipment |
28 | that will be used for the sole purpose of conducting table game |
29 | training authorized under section 1323A (relating to initial |
30 | training of employees and potential employees) from a |
|
1 | manufacturer or supplier, whether or not licensed or otherwise |
2 | approved by the board under this part, or from an affiliate of |
3 | the slot machine licensee or a gaming facility in another |
4 | jurisdiction. |
5 | (b) Identification.--Table game devices or associated |
6 | equipment obtained by a slot machine licensee pursuant to |
7 | subsection (a) shall have an identification number which shall |
8 | be kept on file with the board and the table game devices or |
9 | associated equipment shall be clearly identified as being used |
10 | for training purposes only. |
11 | (c) Prohibition.—- |
12 | (1) Table game devices and associated equipment obtained |
13 | pursuant to this section shall be prohibited from being used |
14 | on the gaming floor unless being used for training purposes |
15 | pursuant to section 1323A(c)(2). |
16 | (2) The payment of any cash, cash equivalent or other |
17 | prize to an individual from the play of a table game on table |
18 | game devices or associated equipment obtained pursuant to |
19 | this section is prohibited. |
20 | § 1324A. Condition of continued operation. |
21 | As a condition of continued operation, a certificate holder |
22 | shall agree to maintain all books, records and documents |
23 | pertaining to table games in a manner and location within this |
24 | Commonwealth as approved by the board. All books, records and |
25 | documents related to table games shall: |
26 | (1) be segregated by separate accounts within the slot |
27 | machine licensee's books, records and documents, except for |
28 | any books, records or documents that are common to both slot |
29 | machine and table game operations; |
30 | (2) be immediately available for inspection upon request |
|
1 | of the board, the bureau, the department, the Pennsylvania |
2 | State Police or the Attorney General, or agents thereof, |
3 | during all hours of operation of the licensed facility in |
4 | accordance with regulations promulgated by the board; and |
5 | (3) be maintained for a period as the board, by |
6 | regulation, may require. |
7 | § 1325A. Table game accounting controls and audit protocols. |
8 | (a) Approval.--Prior to the commencement of table game |
9 | operations, a certificate holder shall submit to the board for |
10 | approval all proposed site plans, internal control systems and |
11 | audit protocols for the certificate holder's table game |
12 | operations. |
13 | (b) Minimum requirements.--A certificate holder's internal |
14 | controls and audit protocols shall: |
15 | (1) Safeguard its assets and revenues, including the |
16 | recording of cash, cash equivalents and evidences of |
17 | indebtedness related to table games. |
18 | (2) Provide for reliable records, accounts and reports |
19 | of any financial event that occurs in the conduct of table |
20 | games, including reports to the board related to table games. |
21 | (3) Provide for accurate and reliable financial records |
22 | related to table games. |
23 | (4) Establish procedures for all the following: |
24 | (i) The receipt, storage and disbursal of chips, |
25 | cash and cash equivalents used in table games. |
26 | (ii) Conversion of cash equivalents to cash. |
27 | (iii) The redemption of chips and other |
28 | representations of value used in table games and the |
29 | payment of winnings and prizes. |
30 | (iv) The recording of financial transactions |
|
1 | pertaining to table games. |
2 | (5) Establish procedures for the collection and security |
3 | of cash and cash equivalents at the gaming tables. |
4 | (6) Establish procedures for the recording of and |
5 | transfer of chips and cash equivalents between the gaming |
6 | tables and the cashier's cage. |
7 | (7) Establish procedures for the transfer of drop boxes |
8 | from the gaming tables to the count room. |
9 | (8) Establish procedures and security for the counting |
10 | and recording of gross table game revenue. |
11 | (9) Establish procedures for the security, storage and |
12 | recording of cash and cash equivalents utilized in table |
13 | games. |
14 | (10) Establish procedures and security standards for the |
15 | handling and storage of table game devices and associated |
16 | equipment used in connection with table games. |
17 | (11) Establish procedures and rules governing the |
18 | conduct of each table game and the responsibility of |
19 | employees related to table games. |
20 | (12) Establish procedures for the collection and |
21 | recording of revenue from poker and other table games when |
22 | played as nonbanking games, including the type of rake |
23 | utilized and the methodology for calculating the amount of |
24 | permissible rake. |
25 | (13) Ensure that any wagering permitted in the play of a |
26 | table game is implemented only in accordance with the |
27 | certificate holder's general or specific authorization, as |
28 | approved by the board. |
29 | (14) Ensure the proper and timely accounting of gross |
30 | table game revenue and the calculation of gross table game |
|
1 | revenue, fees, taxes and assessments based on the gross table |
2 | game revenue. |
3 | (15) Maintain accountability for assets, ensure that |
4 | recorded accountability for assets is compared with actual |
5 | assets at reasonable intervals and ensure that appropriate |
6 | action is taken with respect to any discrepancies. |
7 | (16) Ensure that all functions, duties and |
8 | responsibilities related to table game operations are |
9 | appropriately segregated and performed in accordance with |
10 | sound financial practices by qualified employees. |
11 | (17) Permit use of its licensed facility by the board, |
12 | the bureau and other persons authorized under this part or by |
13 | the board to facilitate their ability to perform regulatory |
14 | and oversight functions under this chapter. |
15 | (c) Submission to board.--The submission required under |
16 | subsection (a) shall include a detailed description of the |
17 | certificate holder's administrative and accounting procedures |
18 | related to table games, including its written system of internal |
19 | controls. Each written system of internal controls shall |
20 | include: |
21 | (1) An organizational chart depicting appropriate |
22 | functions and responsibilities of employees involved in both |
23 | slot machine operations and table game operations. |
24 | (2) A description of the duties and responsibilities of |
25 | each position shown on the organizational chart. |
26 | (3) The record retention policy of the certificate |
27 | holder. |
28 | (4) The procedure to be utilized to ensure that assets |
29 | are safeguarded, including mandatory count procedures. |
30 | (5) A detailed narrative description of the |
|
1 | administrative and accounting procedures in place to ensure |
2 | compliance with the requirements of section 1326A (relating |
3 | to cash equivalents). |
4 | (6) A statement signed by the certificate holder's chief |
5 | financial officer or other competent person attesting that |
6 | the signatory believes, in good faith, that the system |
7 | satisfies the requirements of this section. |
8 | (d) Review.--Prior to authorizing a certificate holder to |
9 | conduct table games, the board shall review the system of |
10 | internal controls submitted under subsection (c) to determine |
11 | whether it conforms to the requirements of this part and whether |
12 | it provides adequate and effective controls for the conduct of |
13 | table games. |
14 | § 1326A. Cash equivalents. |
15 | (a) Checks.-- |
16 | (1) A certificate holder may accept a check from a |
17 | patron in exchange for cash or chips. The certificate holder |
18 | shall present each check for payment to the financial |
19 | institution upon which the check is drawn within ten days of |
20 | receipt by the certificate holder. No third party checks |
21 | shall be permitted. |
22 | (2) Notwithstanding any law to the contrary, checks |
23 | cashed in conformity with the requirements of this section or |
24 | 13 Pa.C.S. Div. 3 (relating to negotiable instruments) shall |
25 | be valid instruments, enforceable at law in the courts of |
26 | this Commonwealth. Any check cashed, transferred, conveyed, |
27 | given or accepted in violation of this section shall be |
28 | invalid and unenforceable for the purposes of collection by a |
29 | certificate holder but shall be included in the calculation |
30 | of gross table game revenue. |
|
1 | (b) Notice of fees.--All fees charged for the conversion of |
2 | cash equivalents shall be disclosed. |
3 | (c) Payment of cash equivalents.--Other than credit extended |
4 | by a certificate holder, an instrument that constitutes a cash |
5 | equivalent shall be made payable to the slot machine licensee, |
6 | to the bearer or to cash. An instrument made payable to a third |
7 | party shall not be considered a cash equivalent and shall be |
8 | prohibited. |
9 | § 1327A. Other financial transactions. |
10 | (a) Credit.--Notwithstanding section 1504 (relating to |
11 | wagering on credit), a certificate holder may extend credit to |
12 | patrons for the purpose of playing slot machines or table games |
13 | in accordance with this section; however, a certificate holder |
14 | shall not accept credit cards, charge cards or debit cards from |
15 | a patron or player for the exchange or purchase or chips, slot |
16 | machine or table game credits or for an advance of coins or |
17 | currency to be utilized by a player to play slot machine or |
18 | table games. |
19 | (b) Credit applications.-–Each application for credit |
20 | submitted by a patron to a certificate holder shall be |
21 | maintained in a confidential credit file. The application shall |
22 | include the patron's name, address, telephone number and |
23 | comprehensive bank account information; the requested credit |
24 | limit; the patron's approximate amount of current indebtedness; |
25 | the amount and source of income in support of the application; |
26 | the patron's signature on the application; a certification of |
27 | truthfulness; and any other information deemed relevant by the |
28 | certificate holder. The certificate holder shall notify each |
29 | applicant that, as a condition of receiving credit, the |
30 | certificate holder will verify identity and indebtedness |
|
1 | information through a credit bureau or casino credit bureau and, |
2 | if appropriate, through direct contact with other slot machine |
3 | licensees. |
4 | (c) Credit application verification.-–Prior to approving an |
5 | application for credit, a certificate holder shall verify: |
6 | (1) The identity, creditworthiness and indebtedness |
7 | information of the applicant by conducting a comprehensive |
8 | review of the information submitted with the application and |
9 | any information regarding the applicant's credit activity at |
10 | other licensed facilities which the certificate holder may |
11 | obtain through a casino credit bureau and, if appropriate, |
12 | through direct contact with other slot machine licensees. |
13 | (2) That the applicant's name is not included on an |
14 | exclusion list under section 1514 (relating to regulation |
15 | requiring exclusion of certain persons) or 1516 (relating to |
16 | list of persons self excluded from gaming activities) or the |
17 | voluntary credit suspension list under subsection (h). |
18 | (d) Establishment of credit.-–Upon completion of the |
19 | verification required under subsection (c), a certificate holder |
20 | may grant a patron credit. The certificate holder shall |
21 | establish a credit limit for each patron to whom the certificate |
22 | holder grants credit. Each applicant's credit limit shall be |
23 | approved by two or more employees of the certificate holder |
24 | holding the job positions of credit manager, assistant credit |
25 | manager, credit shift manager, credit executive or a key |
26 | employee in a direct reporting line above the manager or credit |
27 | manager. The approval shall be recorded in the applicant's |
28 | credit file and shall include the reasons and information relied |
29 | on for the approval of credit and verification by the employees |
30 | approving the applicant's credit limit. Increases to an |
|
1 | individual's credit limit may be approved following a written |
2 | request from the individual and reverification of an |
3 | individual's credit information. |
4 | (e) Recordkeeping.-–Detailed information pertaining to all |
5 | transactions affecting an individual's outstanding indebtedness |
6 | to a certificate holder shall be recorded in chronological order |
7 | in the individual's credit file. |
8 | (f) Reduction or suspension of credit.-–A certificate holder |
9 | may reduce an individual's credit limit or suspend credit to an |
10 | individual for any reason. |
11 | (g) Voluntary credit suspension.--An individual may request |
12 | a certificate holder to suspend the individual's credit. Each |
13 | certificate holder shall inform the board when an individual |
14 | requests a suspension of credit and shall provide the board with |
15 | all information necessary to maintain the voluntary credit |
16 | suspension list under subsection (h). |
17 | (h) Voluntary credit suspension list.--The board shall |
18 | maintain a voluntary credit suspension list of all individuals |
19 | who have requested suspension of credit privileges and shall |
20 | provide the list on a continuous basis to the credit department |
21 | of each certificate holder. An individual may request placement |
22 | on the voluntary credit suspension list by submitting to the |
23 | board the individual's name, address and date of birth. The |
24 | individual does not need to provide a reason for the request. |
25 | Notwithstanding any other provision of law to the contrary, the |
26 | board's list of individuals who have had credit privileges |
27 | voluntarily suspended shall be confidential, and neither the |
28 | board nor the credit department of a certificate holder shall |
29 | divulge the name of any individual on this list to any person or |
30 | entity other than those provided for in this subsection. To be |
|
1 | removed from the list, the individual shall submit a request to |
2 | the board. The board shall remove the individual from the list |
3 | and inform the credit department of each certificate holder not |
4 | later than three business days after the board's receipt of the |
5 | request. |
6 | (i) Liability.--A certificate holder or employee thereof |
7 | shall not be liable to any individual on the voluntary credit |
8 | suspension list or to any other party in any judicial proceeding |
9 | for any harm, monetary or otherwise, which may arise as a result |
10 | of: |
11 | (1) the failure of a certificate holder to restore |
12 | credit privileges to an individual on the voluntary credit |
13 | suspension list; or |
14 | (2) otherwise permitting an individual on the voluntary |
15 | credit suspension list to engage in gaming activity in the |
16 | licensed facility while on the voluntary credit suspension |
17 | list. |
18 | (j) Tax liability.--Draws against unsecured credit extended |
19 | to patrons pursuant to this section which become uncollectible |
20 | may not be claimed by a certificate holder as a deduction, |
21 | credit or any other type of reduction or offset against any tax |
22 | imposed by this part or the act of March 4, 1971 (P.L.6, No.2), |
23 | known as the Tax Reform Code of 1971. |
24 | § 1328A. Key employees and occupation permits. |
25 | Nothing in this part shall be construed to require any |
26 | individual who holds a principal license, a key employee license |
27 | or gaming employee license under Chapter 13 (relating to |
28 | licensees) to obtain a separate license or permit to be employed |
29 | in a certificate holder's table game operation authorized under |
30 | this chapter. |
|
1 | § 1329A. Application of Clean Indoor Air Act. |
2 | For the purpose of section 3(b)(11) of the act of June 13, |
3 | 2008 (P.L.182, No.27), known as the Clean Indoor Air Act, the |
4 | term "gaming floor" shall include the areas of any licensed |
5 | facility where the slot machine licensee is authorized to place |
6 | and operate slot machines or conduct table games, except such |
7 | areas off the gaming floor where contests or tournaments are |
8 | conducted unless smoking is otherwise permitted in such areas. |
9 | § 1329.1A. Application of Liquor Code. |
10 | The provisions of section 493(24)(ii) of the act of April 12, |
11 | 1951 (P.L.90, No.21), known as the Liquor Code, shall also apply |
12 | to table games. |
13 | SUBCHAPTER D |
14 | (RESERVED) |
15 | SUBCHAPTER E |
16 | TABLE GAME TESTING AND CERTIFICATION |
17 | Sec. |
18 | 1341A. Table game device and associated equipment testing and |
19 | certification standards. |
20 | § 1341A. Table game device and associated equipment testing and |
21 | certification standards. |
22 | (a) Expansion of independent testing and certification |
23 | facility.--Within one year of the effective date of this |
24 | section, the board shall expand the independent testing and |
25 | certification facility created under section 1320(b) to include |
26 | the testing and certification of table game devices and |
27 | associated equipment. Costs associated with the expansion of the |
28 | facility shall be assessed on manufacturers licensed to |
29 | manufacture table game devices or associated equipment under |
30 | this part in accordance with a schedule adopted by the board. |
|
1 | The expanded facility shall be made available to each table game |
2 | device manufacturer and supplier as determined by the board. |
3 | (b) Use of other state standards.--The board may determine |
4 | whether the table game device testing and certification |
5 | standards of another jurisdiction within the United States in |
6 | which a manufacturer licensed pursuant to section 1317.1 |
7 | (relating to manufacturer licenses) to manufacture table game |
8 | devices or associated equipment used in connection with table |
9 | games is licensed are comprehensive and thorough and provide |
10 | similar adequate safeguards as those required by this part. If |
11 | the board makes that determination, it may permit the |
12 | manufacturer appropriately licensed pursuant to section 1317.1 |
13 | to deploy table game devices or associated equipment it |
14 | manufactures which have met the table game device testing and |
15 | certification standards in another jurisdiction without |
16 | undergoing the full testing and certification process by the |
17 | board's independent testing and certification facility. |
18 | SUBCHAPTER F |
19 | (RESERVED) |
20 | SUBCHAPTER G |
21 | TABLE GAME TAXES AND FEES |
22 | Sec. |
23 | 1361A. Table game authorization fee. |
24 | 1362A. Table game taxes. |
25 | 1363A. Local share assessment. |
26 | § 1361A. Table game authorization fee. |
27 | (a) Amount of authorization fee.-- |
28 | (1) A Category 1 or a Category 2 slot machine licensee |
29 | that submits a petition for a table game operation |
30 | certificate under section 1312A (relating to petition |
|
1 | requirements) on or before June 1, 2010, shall pay a one-time |
2 | nonrefundable authorization fee in the amount of $16,500,000. |
3 | A Category 1 or a Category 2 slot machine licensee that |
4 | submits a petition for a table game operation certificate |
5 | under section 1312A after June 1, 2010, shall pay a one-time |
6 | nonrefundable authorization fee in the amount of $24,750,000. |
7 | (2) A Category 3 slot machine licensee that submits a |
8 | petition for a table game operation certificate under section |
9 | 1312A on or before June 1, 2010, shall pay a one-time |
10 | nonrefundable authorization fee in the amount of $7,500,000. |
11 | A Category 3 slot machine licensee that submits a petition |
12 | for a table game operation certificate under section 1312A |
13 | after June 1, 2010, shall pay a one-time nonrefundable |
14 | authorization fee in the amount of $11,250,000. |
15 | (3) Notwithstanding paragraphs (1) and (2), the holder |
16 | of a Category 1 or Category 3 slot machine license issued |
17 | after June 1, 2010, that submits a petition for a table game |
18 | operation certificate shall pay a one-time nonrefundable |
19 | authorization fee in the amount of $16,500,000 or $7,500,000, |
20 | respectively. |
21 | (4) A table game operation certificate shall not be |
22 | subject to renewal or payment of an additional authorization |
23 | fee. |
24 | (b) Payment of fee.--A slot machine licensee that submits a |
25 | petition on or before June 1, 2010, shall pay the required |
26 | authorization fee on or before June 1, 2010. The board may allow |
27 | the fee to be paid in installments, provided all installments |
28 | are paid on or before June 1, 2010. In that event, the board and |
29 | the slot machine licensee shall enter into a written agreement |
30 | setting forth the terms of payment. |
|
1 | (c) Failure to pay by deadline.--If a petitioner or |
2 | certificate holder fails to pay the required authorization fee |
3 | in full by June 1, 2010, the board shall impose a penalty and |
4 | may grant the petitioner or certificate holder up to a six-month |
5 | extension to pay the authorization fee or any remaining portion |
6 | of the authorization fee and the penalty. The board shall |
7 | require the petitioner or certificate holder to make weekly |
8 | payments until the fee and penalty are paid in full. |
9 | (d) Suspension of certificate.--The board shall suspend the |
10 | table game operation certificate if the certificate holder fails |
11 | to pay the total authorization fee and the penalty prior to the |
12 | expiration of an extension period granted under subsection (c). |
13 | The suspension shall remain in effect until final payment is |
14 | made. |
15 | (e) (Reserved). |
16 | (f) Deposit of fees.–-Notwithstanding section 1208 (relating |
17 | to collection of fees and fines), all table game authorization |
18 | fees or penalties received by the board under this subchapter; |
19 | all table game device and associated equipment manufacturer and |
20 | supplier license fees; all table game device or associated |
21 | equipment manufacturer and supplier renewal fees; and fees for |
22 | licenses issued under Chapter 16 (relating to junkets) shall be |
23 | deposited in the General Fund. |
24 | § 1362A. Table game taxes. |
25 | (a) Imposition.-- |
26 | (1) Except as provided in paragraphs (2) and (3), each |
27 | certificate holder shall report to the department and pay |
28 | from its daily gross table game revenue, on a form and in the |
29 | manner prescribed by the department, a tax of 12% of its |
30 | daily gross table game revenue. |
|
1 | (2) In addition to the tax payable under paragraph (1), |
2 | each certificate holder shall report to the department and |
3 | pay from its daily gross table game revenue, on a form and in |
4 | the manner prescribed by the department, a tax of 34% of its |
5 | daily gross table game revenue from each table game played on |
6 | a fully automatic electronic gaming table. |
7 | (3) Until July 1, 2011, the tax reported and payable |
8 | under paragraph (1) shall be 14% of daily gross table game |
9 | revenue. |
10 | (b) Deposits and distributions.-– |
11 | (1) The tax imposed under subsection (a) shall be |
12 | payable to the department on a weekly basis and shall be |
13 | based upon gross table game revenue derived during the |
14 | previous week. |
15 | (2) All funds owed to the Commonwealth under this |
16 | section shall be held in trust for the Commonwealth by the |
17 | certificate holder until the funds are paid to the |
18 | department. Unless otherwise agreed to by the board, a |
19 | certificate holder shall establish a separate bank account |
20 | into which gross table game revenue shall be deposited and |
21 | maintained until such time as the funds are paid to the |
22 | department under this section or paid into the fund under |
23 | section 1363A(a) (relating to local share assessment). |
24 | (3) The tax imposed under subsection (a) shall be |
25 | deposited into the General Fund. |
26 | (c) Deposits for property tax relief.--If, on the last day |
27 | of a fiscal year the balance of the Budget Stabilization Reserve |
28 | Fund established pursuant to section 1701-A of the act of April |
29 | 9, 1929 (P.L.343, No.176), known as The Fiscal Code, exceeds |
30 | $750,000,000, as certified by the Secretary of the Budget, the |
|
1 | deposits made into the General Fund pursuant to subsection (a) |
2 | shall cease and thereafter be deposited into the Property Tax |
3 | Relief Fund established pursuant to 4 Pa.C.S. § 1409 (relating |
4 | to Property Tax Relief Fund). |
5 | § 1363A. Local share assessment. |
6 | (a) Required payment.--In addition to the tax imposed under |
7 | section 1362A (relating to table game taxes), each certificate |
8 | holder shall pay on a weekly basis and on a form and in a manner |
9 | prescribed by the department a local share assessment into a |
10 | restricted receipts account established within the fund. All |
11 | funds owed to a county or municipality under this section shall |
12 | be held in trust by the certificate holder until the funds are |
13 | paid into the account. Funds in the account are hereby |
14 | appropriated to the department on a continuing basis for the |
15 | purposes set forth in this section. |
16 | (b) Distributions to counties.--The department shall make |
17 | quarterly distributions from the local share assessments |
18 | deposited into the fund under subsection (a) to counties, |
19 | including home rule counties, hosting a licensed facility |
20 | authorized to conduct table games under this chapter in |
21 | accordance with the following: |
22 | (1) If the licensed facility is a Category 1 licensed |
23 | facility located at a harness racetrack and the county, |
24 | including a home rule county, in which the licensed facility |
25 | is located is: |
26 | (i) A county of the third class: 50% of the |
27 | licensed facility's local share assessment shall be added |
28 | to and distributed with the funds distributed under |
29 | section 1403(c)(2)(i)(D) (relating to establishment of |
30 | State Gaming Fund and net slot machine revenue |
|
1 | distribution). |
2 | (ii) A county of the second class A: 50% of the |
3 | licensed facility's local share assessment shall be |
4 | distributed to the county. |
5 | (iii) A county of the fourth class: 50% of the |
6 | licensed facility's local share assessment shall be added |
7 | to the funds in the restricted receipts account |
8 | established pursuant to section 1403(c)(2)(i)(E) for |
9 | distribution with those funds. |
10 | (iv) A county of the fifth class: 50% of the |
11 | licensed facility's local share assessment shall be added |
12 | to the funds in the restricted receipts account |
13 | established pursuant to section 1403(c)(2)(i)(F) for |
14 | distribution with those funds. |
15 | (2) If the facility is a Category 1 licensed facility |
16 | that is located at a thoroughbred racetrack and the county in |
17 | which the licensed facility is located is: |
18 | (i) A county of the second class A: 50% of the |
19 | licensed facility's local share assessment shall be |
20 | distributed to the county to be further distributed as |
21 | grants to a nonprofit hospital in a first class township |
22 | that is contiguous to the municipality in which the |
23 | licensed facility is located. If the nonprofit hospital |
24 | ceases to exist, 50% of the licensed facility's local |
25 | share assessment shall be distributed to the county in |
26 | which the licensed facility is located. |
27 | (ii) Except as set forth in subparagraph (iii), a |
28 | county of the third class: 50% of the licensed |
29 | facility's local share assessment shall be distributed to |
30 | the county to be used solely to fund the establishment of |
|
1 | a county violent crime task force to reduce gang |
2 | violence, gun trafficking and violence and drug-related |
3 | crimes in the county. The district attorney shall |
4 | appoint, direct and coordinate the operations and |
5 | personnel of the task force. |
6 | (iii) A county of the third class which is also a |
7 | home rule county: 100% of the licensed facility's local |
8 | share assessment shall be distributed to a community |
9 | college that is established in the county after the |
10 | effective date of this subparagraph and prior to January |
11 | 1, 2014, to be used by the community college for |
12 | organizational, administrative, operating and capital |
13 | expenditures and the payment of principal, interest and |
14 | expenses related to indebtedness, subject to the |
15 | following: |
16 | (A) Until January 1, 2014, or until a community |
17 | college is established after the effective date of |
18 | this subparagraph prior to January 1, 2014, whichever |
19 | occurs first, 100% of the licensed facility's local |
20 | share assessment shall be distributed to the county |
21 | redevelopment authority to be deposited and |
22 | maintained by the county redevelopment authority in a |
23 | restricted receipts account. The funds may be |
24 | invested by the county redevelopment authority as |
25 | permitted by law, and any interest earned on the |
26 | funds and investment income derived from the funds |
27 | shall be deposited into the restricted receipts |
28 | account. The funds in the restricted receipts account |
29 | shall be distributed as provided in clause (B) or |
30 | used as provided in clause (C), as applicable. |
|
1 | (B) If a community college is established in the |
2 | county following the effective date of this |
3 | subparagraph and prior to January 1, 2014, the funds |
4 | in the restricted receipts account established under |
5 | clause (A) shall be distributed in their entirety by |
6 | the county redevelopment authority to the community |
7 | college no later than 60 days following the date of |
8 | the establishment of the community college. |
9 | (C) If a community college is not established in |
10 | the county following the effective date of this |
11 | subparagraph and prior to January 1, 2014, beginning |
12 | January 1, 2014, 100% of the licensed facility's |
13 | local share assessment shall be distributed to the |
14 | county redevelopment authority to be deposited into |
15 | the restricted receipts account established under |
16 | clause (A) and all funds in the restricted receipts |
17 | account shall be used by the county redevelopment |
18 | authority for a revolving loan program available to |
19 | municipalities within the county for infrastructure |
20 | projects, including, but not limited to, water, |
21 | sewer, storm water management, flood control, roads, |
22 | broadband Internet access, site remediation and |
23 | public utility infrastructure in areas other than a |
24 | public utility's own facilities. The county |
25 | redevelopment authority may use funds from the |
26 | revolving loan program for expenses related to the |
27 | cost to administer the revolving loan program in an |
28 | amount not in excess of 0.5% of the revolving loan |
29 | program portfolio in a given calendar year. A |
30 | municipality may not use funds received under the |
|
1 | revolving loan program for general budget or |
2 | operating expenses. The county redevelopment |
3 | authority shall develop loan program criteria and |
4 | guidelines consistent with the provisions of this |
5 | clause. |
6 | (D) For purposes of this subparagraph, a |
7 | community college shall be considered to be |
8 | established on the date on which the proposed |
9 | community college plan is approved by the State Board |
10 | of Education within the meaning of section 1903-A(c) |
11 | of the act of March 10, 1949 (P.L.30, No.14), known |
12 | as the Public School Code of 1949, notwithstanding |
13 | the fact that a board of trustees of the community |
14 | college may not have yet been appointed by the |
15 | governing bodies of the local sponsor of the |
16 | community college. |
17 | (3) If the facility is a Category 2 licensed facility |
18 | and if the county in which the licensed facility is located |
19 | is: |
20 | (i) A county of the first class: 100% of the |
21 | licensed facility's local share assessment shall be added |
22 | to and distributed with the funds distributed under |
23 | section 1403(c)(2)(iii)(A). |
24 | (ii) A county of the second class: 50% of the |
25 | licensed facility's local share assessment shall be |
26 | distributed as follows: |
27 | (A) Eighty-five percent shall be deposited into |
28 | a restricted receipts account to be established in |
29 | the Department of Education for distribution pursuant |
30 | to the act of June 14, 1961 (P.L.324, No.188), known |
|
1 | as The Library Code, for grants to an established |
2 | library system in the county but outside a city of |
3 | the second class. Funds made available under this |
4 | clause shall be in addition to any funding provided |
5 | to such libraries pursuant to the act of April 9, |
6 | 1929 (P.L.343, No.176), known as The Fiscal Code; the |
7 | Public School Code of 1949; and The Library Code. |
8 | Notwithstanding The Library Code, in making |
9 | distributions from funds made available under this |
10 | clause, the library system shall distribute the funds |
11 | as follows: |
12 | (I) At least 80% shall be distributed to |
13 | libraries in the library system in the county but |
14 | outside a city of the second class on a per |
15 | capita basis of the population of the county |
16 | based on the most recent decennial census |
17 | excluding a city of the second class. |
18 | (II) At least 15% but not more than 20% |
19 | shall be distributed to libraries in the library |
20 | system in each city, borough, town or township in |
21 | the county outside a city of the second class, |
22 | which has a market value per capita below the |
23 | fifth percentile of all cities, boroughs, towns |
24 | or townships, with comparable classifications. |
25 | The market value per capita and percentiles under |
26 | this subclause shall be as determined annually by |
27 | the State Tax Equalization Board. |
28 | (III) Not more than 5% may be used to defray |
29 | the reasonable and necessary administrative costs |
30 | of the library system in administering the funds, |
|
1 | as determined by the Department of Education. |
2 | (IV) If, after the distribution and use |
3 | under subclauses (I), (II) and (III), funds are |
4 | still available for distribution under this |
5 | clause, those funds shall be shall be distributed |
6 | to libraries in the library system in the county |
7 | but outside a city of the second class on a per |
8 | capita basis of the population of the county |
9 | based on the most recent decennial census |
10 | excluding a city of the second class. |
11 | (B) Fifteen percent to a recognized tourist |
12 | promotion agency that is established by a home rule |
13 | municipality that was formerly a township or borough |
14 | located in the county pursuant to the act of July 4, |
15 | 2008 (P.L.621, No.50), known as the Tourist Promotion |
16 | Act, and recognized by the Department of Community |
17 | and Economic Development and the home rule |
18 | municipality. |
19 | (iii) A county of the third class where a city of |
20 | the third class hosting the licensed facility is located |
21 | in two counties of the third class: 50% of the licensed |
22 | facility's local share assessment shall be distributed as |
23 | follows: |
24 | (A) Sixty percent to the county in which the |
25 | licensed facility is located for economic development |
26 | projects, community improvement projects and other |
27 | projects in the public interest within the county. |
28 | (B) Twenty percent to the nonhost city of the |
29 | third class in the county in which the licensed |
30 | facility is located. |
|
1 | (C) Twenty percent to the nonhost county in |
2 | which the host city is located, of which 50% shall be |
3 | used solely for grants to municipalities that are |
4 | contiguous to the host city for economic development |
5 | projects, community improvement projects and other |
6 | projects in the public interest. |
7 | (iv) A county of the fifth class: 50% of the |
8 | licensed facility's local share assessment shall be |
9 | distributed as follows: |
10 | (A) Fifty percent shall be added to the funds in |
11 | the restricted receipts account established pursuant |
12 | to section 1403(c)(2)(iii)(F)(I) for distribution |
13 | with those funds. |
14 | (B) Fifty percent shall be transferred to the |
15 | Pennsylvania Higher Education Assistance Agency for |
16 | deposit into a restricted receipts account to be used |
17 | exclusively for grants to a school of medicine |
18 | located in a city of the second class A within a |
19 | county of the third class for operating costs |
20 | associated with the school of medicine. |
21 | (4) The following apply: |
22 | (i) If the facility is a Category 3 licensed |
23 | facility located in a county of the second class A: 50% |
24 | of the licensed facility's local share assessment shall |
25 | be deposited into a restricted receipts account to be |
26 | established in the Commonwealth Financing Authority to be |
27 | used exclusively for grants or guarantees for projects in |
28 | the county that qualify under 64 Pa.C.S. §§ 1551 |
29 | (relating to Business in Our Sites Program), 1556 |
30 | (relating to Tax Increment Financing Guarantee Program) |
|
1 | and 1558 (relating to Water Supply and Waste Water |
2 | Infrastructure Program). |
3 | (ii) Except as provided in subparagraph (i), if the |
4 | facility is a Category 3 licensed facility in a county of |
5 | any class: 50% of the licensed facility's local share |
6 | assessment shall be added to the funds in the restricted |
7 | receipts account established under section 1403(c)(2)(iv) |
8 | for distribution with those funds. |
9 | (5) Except as otherwise provided in this subsection, if |
10 | the facility is a Category 1 or a Category 2 licensed |
11 | facility in a county of any class: 50% of the licensed |
12 | facility's local share assessment shall be distributed in |
13 | accordance with section 1403(c) based upon the category and |
14 | type of licensed facility and the classification of the |
15 | county where the licensed facility is located. |
16 | (c) Distributions to municipalities.--The department shall |
17 | make quarterly distributions from the local share assessments |
18 | deposited into the fund under subsection (a) to municipalities, |
19 | including home rule municipalities, hosting a licensed facility |
20 | authorized to conduct table games under this chapter in |
21 | accordance with the following: |
22 | (1) If the licensed facility is a Category 2 licensed |
23 | facility and is located in a city of the second class, 50% of |
24 | the licensed facility's local share assessment shall be |
25 | deposited into a restricted receipts account to be |
26 | established in the Department of Education for distribution |
27 | pursuant to The Library Code for grants to an established |
28 | local library in the city for the purpose of maintaining the |
29 | library branch system in existence on January 1, 2011. Funds |
30 | made available under this clause shall be in addition to any |
|
1 | funding provided to such libraries pursuant to The Fiscal |
2 | Code, the Public School Code of 1949 and The Library Code. If |
3 | the established local library in the city fails to maintain |
4 | the library branch system as provided in this paragraph, 50% |
5 | of the licensed facility's local share assessment shall be |
6 | distributed to the city to be used solely to fund the accrued |
7 | liability of all pension plans maintained by the city. |
8 | (2) If the licensed facility is a Category 1 licensed |
9 | facility located at a harness racetrack in a city of the |
10 | third class, 50% of the licensed facility's local share |
11 | assessment shall be distributed to the city solely for the |
12 | purpose of becoming and remaining a member or local sponsor |
13 | of a community college on behalf of all students in the |
14 | school district. If in any year the amount distributable or |
15 | received under this paragraph exceeds the amount necessary |
16 | for the city to become or remain a member or local sponsor, |
17 | the excess shall be distributed to, or retained by, the city |
18 | and may be used for any lawful purpose. |
19 | (3) If a licensed facility is a Category 2 facility and |
20 | is located in a city of the third class and the city is |
21 | located in more than one county of the third class, 50% of |
22 | the licensed facility's local share assessment shall be |
23 | distributed as follows: |
24 | (i) 50% to the host city; |
25 | (ii) 20% to a city of the third class located solely |
26 | in the nonhost county in which the host city of the third |
27 | class is also located; and |
28 | (iii) 30% to a nonhost city of the third class |
29 | located solely in the host county. |
30 | (4) If the licensed facility is a Category 1 licensed |
|
1 | facility located at a harness racetrack in a township of the |
2 | first class, 50% of the licensed facility's local share |
3 | assessment shall be distributed to the township, subject, |
4 | however, to the budgetary limitation in this paragraph. The |
5 | amount distributed to the township shall not exceed 50% of |
6 | the township's total budget for fiscal year 2009, adjusted |
7 | for inflation in subsequent years by an amount not to exceed |
8 | an annual cost-of-living adjustment calculated by applying |
9 | the percentage change in the Consumer Price Index immediately |
10 | prior to the date the adjustment is due to take effect. Any |
11 | funds not distributed to the township because of the |
12 | budgetary limitation shall be distributed in accordance with |
13 | subsection (b) based upon the classification of the county |
14 | where the licensed facility is located. |
15 | (5) The following apply: |
16 | (i) Except as provided in subparagraphs (ii) and |
17 | (iii), if the licensed facility is a Category 1 or |
18 | Category 2 licensed facility and is located in a township |
19 | of the second class, 50% of the licensed facility's local |
20 | share assessment shall be distributed to the township, |
21 | subject, however, to the budgetary limitation in this |
22 | subparagraph. The amount distributed to the township |
23 | shall not exceed 50% of the township's total budget for |
24 | fiscal year 2009, adjusted for inflation in subsequent |
25 | years by an amount not to exceed an annual cost-of-living |
26 | adjustment calculated by applying the percentage change |
27 | in the Consumer Price Index immediately prior to the date |
28 | the adjustment is due to take effect. Any funds not |
29 | distributed to the township because of the budgetary |
30 | limitation shall be distributed in accordance with |
|
1 | subsection (b) based upon the classification of county |
2 | where the licensed facility is located. No funds shall be |
3 | distributed under this subparagraph to a township of the |
4 | second class located in a county of the third class |
5 | receiving any funds under subsection (b)(2)(iii). |
6 | (ii) If the licensed facility is a Category 1 |
7 | licensed facility located at a thoroughbred racetrack in |
8 | a township of the second class in a county of the second |
9 | class A, 50% of the licensed facility's local share |
10 | assessment shall be distributed to the recreation |
11 | department of the township of the second class to support |
12 | youth athletics, subject, however, to the budgetary |
13 | limitation in this subparagraph. The amount distributed |
14 | shall not exceed 50% of the department's total budget for |
15 | fiscal year 2009, adjusted for inflation in subsequent |
16 | years by an amount not to exceed an annual cost-of-living |
17 | adjustment calculated by applying the percentage change |
18 | in the Consumer Price Index immediately prior to the date |
19 | the adjustment is due to take effect. Any funds not |
20 | distributed to the recreation department because of the |
21 | budgetary limitation shall be distributed in accordance |
22 | with subsection (b) based upon the classification of |
23 | county where the licensed facility is located. |
24 | (iii) If the licensed facility is a Category 1 |
25 | licensed facility located at a thoroughbred racetrack in |
26 | a township of the second class in a county of the third |
27 | class with a population of not less than 200,000 but not |
28 | more than 260,000 where the licensed facility and all |
29 | attached or contiguous acreage owned by the licensed |
30 | facility is located in more than one township of the |
|
1 | second class, 50% of the licensed facility's local share |
2 | assessment shall be distributed as follows: |
3 | (A) $120,000 of the licensed facility's local |
4 | share assessment shall be distributed annually to |
5 | each such township of the second class; and |
6 | (B) remaining funds shall be added to and |
7 | distributed with the funds distributed to the county |
8 | under subsection (b)(2)(ii). |
9 | (6) The following apply: |
10 | (i) If the licensed facility is a Category 3 |
11 | licensed facility and is located in a borough in a county |
12 | of the third class and the borough is contiguous to a |
13 | city of the third class: |
14 | (A) Fifty percent of the licensed facility's |
15 | local share assessment shall be distributed to the |
16 | host borough, subject to clause (C). |
17 | (B) Fifty percent of the licensed facility's |
18 | local share assessment shall be distributed to the |
19 | city of the third class that is contiguous to the |
20 | host borough, subject to clause (C). |
21 | (C) The amount distributed to the borough or the |
22 | city shall not exceed 50% of the borough's or the |
23 | city's total budget for fiscal year 2009, adjusted |
24 | for inflation in subsequent years by an amount not to |
25 | exceed an annual cost-of-living adjustment calculated |
26 | by applying the percentage change in the Consumer |
27 | Price Index immediately prior to the date the |
28 | adjustment is due to take effect. Any funds not |
29 | distributed to the borough or the city because of the |
30 | budgetary limitation shall be distributed in |
|
1 | accordance with subsection (b) based upon the |
2 | classification of the county where the licensed |
3 | facility is located. |
4 | (ii) Except as provided in subparagraph (i), if the |
5 | licensed facility is a Category 3 licensed facility and |
6 | is located in a municipality of any class, 50% of the |
7 | licensed facility's local share assessment shall be |
8 | distributed to the municipality, subject, however, to the |
9 | budgetary limitation in this subparagraph. The amount |
10 | distributed to the municipality shall not exceed 50% of |
11 | the municipality's total budget for fiscal year 2009, |
12 | adjusted for inflation in subsequent years by an amount |
13 | not to exceed an annual cost-of-living adjustment |
14 | calculated by applying the percentage change in the |
15 | Consumer Price Index immediately prior to the date the |
16 | adjustment is due to take effect. Any funds not |
17 | distributed to the municipality because of the budgetary |
18 | limitation shall be distributed in accordance with |
19 | subsection (b) based upon the classification of county |
20 | where the licensed facility is located. |
21 | (7) Except as otherwise provided in this subsection, if |
22 | the facility is a Category 1 or a Category 2 licensed |
23 | facility in a municipality of any class, 50% of the licensed |
24 | facility's local share assessment shall be distributed to the |
25 | municipality, subject, however, to the budgetary limitation |
26 | in this paragraph. The amount distributed to the municipality |
27 | shall not exceed 50% of the municipality's total budget for |
28 | fiscal year 2009 adjusted for inflation in subsequent years |
29 | by an amount not to exceed the annual cost-of-living |
30 | adjustment calculated by applying the percentage change in |
|
1 | the Consumer Price Index immediately prior to the date the |
2 | adjustment is due to take effect. Any funds not distributed |
3 | to the municipality because of the budgetary limitation shall |
4 | be distributed in accordance with subsection (b) based upon |
5 | the classification of county where the licensed facility is |
6 | located. |
7 | (d) Construction.--The following shall apply to |
8 | distributions provided for in this section: |
9 | (1) Distributions to counties shall be based upon county |
10 | classifications in effect on the effective date of this |
11 | section and any reclassification of a county as a result of a |
12 | Federal decennial census or pursuant to an act of the General |
13 | Assembly shall not apply to this section unless the act of |
14 | the General Assembly specifically provides otherwise. |
15 | (2) Distributions to municipalities shall be based upon |
16 | municipal classifications in effect on the effective date of |
17 | this section and any reclassification of a municipality as a |
18 | result of a Federal decennial census or pursuant to an act of |
19 | the General Assembly shall not apply to this section unless |
20 | the act of the General Assembly specifically provides |
21 | otherwise. |
22 | (e) Miscellaneous provisions.-- |
23 | (1) If any provision of this section is found to be |
24 | unenforceable for any reason, the distribution provided for |
25 | in such unenforceable provision shall be made to the |
26 | municipality in which the licensed facility is located. |
27 | (2) References to the Consumer Price Index shall mean |
28 | the Consumer Price Index for All Urban Consumers for the |
29 | Pennsylvania, New Jersey, Delaware and Maryland area for the |
30 | most recent 12-month period for which figures have been |
|
1 | officially reported by the United States Department of Labor, |
2 | Bureau of Labor Statistics. |
3 | (3) A person or its affiliated entity or a political |
4 | subdivision may not compensate or incur an obligation to |
5 | compensate a person to engage in lobbying for compensation |
6 | contingent in whole or in part upon the approval, award, |
7 | receipt or denial of funds under this section. A person or |
8 | its affiliated entity may not engage in or agree to engage in |
9 | lobbying for compensation contingent in whole or in part upon |
10 | the approval, award, receipt or denial of funds under this |
11 | section. A violation of this paragraph shall be considered an |
12 | intentional violation of 65 Pa.C.S. § 13A09(e) (relating to |
13 | penalties). This paragraph shall not apply to a county or |
14 | municipality that compensates a person to prepare a grant |
15 | application for funds under this section if all of the |
16 | following requirements are met: |
17 | (i) The person is not identified in the application. |
18 | (ii) The person has no direct contact with the |
19 | agency, county or municipality providing the funding. |
20 | (iii) The person is paid a fixed fee or percentage |
21 | of the amount of any funds approved, awarded or received |
22 | of up to 0.5%. |
23 | (4) In cooperation with the department, the Department |
24 | of Community and Economic Development, and the Commonwealth |
25 | Financing Authority, the Office of the Budget shall submit an |
26 | annual report on all distributions of local share assessments |
27 | to counties and municipalities under this section to the |
28 | chairman and minority chairman of the Appropriations |
29 | Committee of the Senate, the chairman and the minority |
30 | chairman of the Community, Economic and Recreational |
|
1 | Development Committee of the Senate, the chairman and the |
2 | minority chairman of the Appropriations Committee of the |
3 | House of Representatives and the chairman and minority |
4 | chairman of the Gaming Oversight Committee of the House of |
5 | Representatives. |
6 | (5) All counties and municipalities receiving |
7 | distributions of local share assessments under this section |
8 | shall submit an annual report to the Department of Community |
9 | and Economic Development on a form prepared by the Department |
10 | of Community and Economic Development that sets forth the |
11 | amount and use of the funds received for the prior calendar |
12 | year. The report shall set forth whether the funds received |
13 | were deposited into the county's or municipality's general |
14 | fund or committed to a specific project or use. The report |
15 | shall be submitted by August 31, 2010, and by August 31 of |
16 | each year thereafter. |
17 | (f) Definitions.--As used in this section, the following |
18 | words and phrases shall have the meanings given to them in this |
19 | subsection: |
20 | "Community college." The term shall have the meaning |
21 | ascribed to it in section 1901-A(4) of the act of March 10, 1949 |
22 | (P.L.30, No.14), known as the Public School Code of 1949. |
23 | "Local share assessment." Two percent of a certificate |
24 | holder's daily gross table game revenue. |
25 | Section 11.2. Sections 1401(b), 1402(a) and 1402.1 of Title |
26 | 4 are amended to read: |
27 | § 1401. Slot machine licensee deposits. |
28 | * * * |
29 | (b) Initial deposit of funds.--Not later than two business |
30 | days prior to the commencement of slot machine operations by a |
|
1 | slot machine licensee, [the] a slot machine licensee shall |
2 | deposit and maintain the [sum of $5,000,000] following sums in |
3 | its account to guarantee the payment of funds to the |
4 | Commonwealth under this part and as security for its obligations |
5 | under section 1405 (relating to Pennsylvania Race Horse |
6 | Development Fund)[.]: |
7 | (1) For a Category 1 or Category 2 slot machine |
8 | licensee, $1,500,000. |
9 | (2) For a Category 3 slot machine licensee, $1,000,000. |
10 | No additional minimum deposit shall be required from a slot |
11 | machine licensee if a slot machine licensee is granted a table |
12 | game operation certificate under Chapter 13A (relating to table |
13 | games). |
14 | * * * |
15 | § 1402. Gross terminal revenue deductions. |
16 | (a) Deductions.--After determining the appropriate |
17 | assessments for each slot machine licensee, the department shall |
18 | determine costs, expenses or payments from each account |
19 | established under section 1401 (relating to slot machine |
20 | licensee deposits). The following costs and expenses shall be |
21 | transferred to the appropriate agency upon appropriation by the |
22 | General Assembly: |
23 | (1) The costs and expenses to be incurred by the |
24 | department in administering this part at each slot machine |
25 | licensee's licensed facility based upon a budget submitted by |
26 | the department [to and approved by the board] under section |
27 | 1402.1 (relating to itemized budget reporting). |
28 | (2) The other costs and expenses to be incurred by the |
29 | department in administering this part based upon a budget |
30 | submitted by the department [to and approved by the board] |
|
1 | under section 1402.1. |
2 | (3) Sums necessary to repay any loans made by the |
3 | General Fund to the department in connection with carrying |
4 | out its responsibilities under this part, including the costs |
5 | of the initial acquisition of the central control computer |
6 | and any accessories or associated equipment. |
7 | (4) The costs and expenses to be incurred by the |
8 | Pennsylvania State Police and the Office of Attorney General |
9 | and not otherwise reimbursed under this part in carrying out |
10 | their respective responsibilities under this part based upon |
11 | [a budget] budgets submitted by the Pennsylvania State Police |
12 | and the Attorney General [to and approved by the board] under |
13 | section 1402.1. |
14 | (5) Sums necessary to repay any loans made by the |
15 | General Fund to the Pennsylvania State Police in connection |
16 | with carrying out its responsibilities under this part. |
17 | (6) The costs and expenses to be incurred by the board |
18 | in carrying out its responsibilities under this part based |
19 | upon a budget [approved] submitted by the board under section |
20 | 1402.1. |
21 | (7) Sums necessary to repay any loans made by the |
22 | General Fund to the board in connection with carrying out its |
23 | responsibilities under this part. |
24 | * * * |
25 | § 1402.1. Itemized budget reporting. |
26 | (a) Submission.--The board, department, Pennsylvania State |
27 | Police and [the] Office of Attorney General shall prepare and |
28 | annually submit to the chairman of the Appropriations Committee |
29 | of the Senate and the chairman of the Appropriations Committee |
30 | of the House of Representatives an itemized budget consisting of |
|
1 | amounts to be appropriated out of the accounts established under |
2 | section 1401 (relating to slot machine licensee deposits) |
3 | necessary to administer this part. The department, Pennsylvania |
4 | State Police and Office of Attorney General shall provide copies |
5 | of their itemized budgets to the board at the same time they are |
6 | submitted to the chairmen of the committees. |
7 | (b) Analyses and recommendations.--As soon as practicable |
8 | after receiving copies of the itemized budgets submitted under |
9 | subsection (a), the board shall prepare and submit to the |
10 | chairmen of the committees analyses of, and make recommendations |
11 | regarding, the itemized budgets. |
12 | Section 11.3. Section 1403(b), (c)(2)(i)(D), (E) and (F), |
13 | (iii)(F) and (iv) and (3)(v) and (viii) of Title 4 are amended |
14 | and the section is amended by adding subsections to read: |
15 | § 1403. Establishment of State Gaming Fund and net slot machine |
16 | revenue distribution. |
17 | * * * |
18 | (b) Slot machine tax.--[The department shall determine and |
19 | each] Each slot machine licensee shall report to the department |
20 | and pay on a form and in a manner prescribed by the department a |
21 | daily tax of 34% from its daily gross terminal revenue from the |
22 | slot machines in operation at its facility and a local share |
23 | assessment as provided in subsection (c) [into the fund]. All |
24 | funds owed to the Commonwealth, a county or a municipality under |
25 | this section shall be held in trust by the licensed gaming |
26 | entity for the Commonwealth, the county and the municipality |
27 | until the funds are paid or transferred [and distributed] to the |
28 | fund. Unless otherwise agreed to by the [Gaming Board] board, a |
29 | licensed gaming entity shall establish a separate bank account |
30 | to maintain [gaming proceeds] gross terminal revenue until such |
|
1 | time as [they] the funds are paid or transferred under this |
2 | section. Moneys in the fund are hereby appropriated to the |
3 | department on a continuing basis for the purposes set forth in |
4 | subsection (c). |
5 | (c) Transfers and distributions.--The department shall: |
6 | * * * |
7 | (2) From the local share assessment established in |
8 | subsection (b), make quarterly distributions among the |
9 | counties hosting a licensed facility in accordance with the |
10 | following schedule: |
11 | (i) If the licensed facility is a Category 1 |
12 | licensed facility that is located at a harness racetrack |
13 | and the county, including a home rule county, in which |
14 | the licensed facility is located is: |
15 | * * * |
16 | (D) (I) A county of the third class: Except as |
17 | provided in subclause (II), 2% of the gross |
18 | terminal revenue from each such licensed facility |
19 | shall be deposited into a restricted receipts |
20 | account to be established in the [Department of |
21 | Community and Economic Development] Commonwealth |
22 | Financing Authority to be used exclusively for |
23 | grants for [health, safety and economic |
24 | development projects] projects in the public |
25 | interest to municipalities within the county |
26 | where the licensed facility is located. |
27 | [Municipalities that are contiguous to the |
28 | municipality hosting such licensed facility shall |
29 | be given priority by the Department of Community |
30 | and Economic Development in the award of such |
|
1 | grants.] |
2 | (I.1) Priority shall be given to multiyear |
3 | projects approved or awarded by the Department of |
4 | Community and Economic Development under |
5 | subclause (I) on or before the effective date of |
6 | this subclause. |
7 | (II) If a licensed facility is located in |
8 | one of two counties of the third class where a |
9 | city of the third class is located in both |
10 | counties of the third class, the county in which |
11 | the licensed facility is located shall receive |
12 | 1.2% of the gross terminal revenue to be |
13 | distributed as follows: 20% to the host city, |
14 | 30% to the host county and 50% to the host county |
15 | for the purpose of making municipal grants within |
16 | the county, with priority given to municipalities |
17 | contiguous to the host city. The county of the |
18 | third class, which includes a city of the third |
19 | class that is located in two counties of the |
20 | third class and is not the host county for the |
21 | licensed facility, shall receive .8% of the gross |
22 | terminal revenue to be distributed as follows: |
23 | 60% to a nonhost city of the third class located |
24 | solely in the nonhost county in which the host |
25 | city of the third class is also located or 60% to |
26 | the nonhost city of the third class located both |
27 | in the host and nonhost counties of the third |
28 | class, 35% to the nonhost county and 5% to the |
29 | nonhost county for the purpose of making |
30 | municipal grants within the county. |
|
1 | (E) A county of the fourth class: 2% of the |
2 | gross terminal revenue from each such licensed |
3 | facility shall be distributed as follows: |
4 | (I) The department shall make distributions |
5 | directly to each municipality within the county, |
6 | except the host municipality, by using a formula |
7 | equal to the sum of $25,000 plus $10 per resident |
8 | of the municipality using the most recent |
9 | population figures provided by the Department of |
10 | Community and Economic Development, provided, |
11 | however, that the amount so distributed to any |
12 | municipality shall not exceed 50% of its total |
13 | budget for fiscal year 2009, adjusted for |
14 | inflation in subsequent fiscal years by an amount |
15 | not to exceed an annual cost-of-living adjustment |
16 | calculated by applying any upward percentage |
17 | change in the Consumer Price Index immediately |
18 | prior to the date the adjustment is due to take |
19 | effect. Distributions to a municipality in |
20 | accordance with this subclause shall be deposited |
21 | into a special fund which shall be established by |
22 | the municipality. The governing body of the |
23 | municipality shall have the right to draw upon |
24 | the special fund for any lawful purpose provided |
25 | that the municipality identifies the fund as the |
26 | source of the expenditure. Each municipality |
27 | shall annually submit a report to the Department |
28 | of Community and Economic Development detailing |
29 | the amount and purpose of each expenditure made |
30 | from the special fund during the prior fiscal |
|
1 | year. |
2 | (II) Any funds not distributed under |
3 | subclause (I) shall be deposited into a |
4 | restricted receipts account established in the |
5 | Department of Community and Economic Development |
6 | to be used exclusively for grants to the county, |
7 | to economic development authorities or |
8 | redevelopment authorities within the county for |
9 | grants for economic development projects, |
10 | infrastructure projects, job training, community |
11 | improvement projects, other projects in the |
12 | public interest, and necessary and reasonable |
13 | administrative costs. Notwithstanding the |
14 | provisions of the act of February 9, 1999 (P.L.1, |
15 | No.1), known as the Capital Facilities Debt |
16 | Enabling Act, grants made under this clause may |
17 | be utilized as local matching funds for other |
18 | grants or loans from the Commonwealth. |
19 | (F) Counties of the fifth through eighth |
20 | classes: |
21 | (I) Except as set forth in subclause (II), |
22 | 2% of the gross terminal revenue from each such |
23 | licensed facility shall be deposited into a |
24 | restricted account established in the Department |
25 | of Community and Economic Development to be used |
26 | exclusively for grants to the county. |
27 | (II) If the licensed facility is located in |
28 | a second class township in a county of the fifth |
29 | class, 2% of the gross terminal revenue from the |
30 | licensed facility shall be distributed as |
|
1 | follows: |
2 | (a) 1% shall be deposited into a |
3 | restricted receipts account to be established |
4 | in the Commonwealth Financing Authority to be |
5 | used exclusively for grants for projects in |
6 | the public interest to municipalities within |
7 | the county where the licensed facility is |
8 | located. |
9 | (b) 1% shall be distributed to the county |
10 | for projects in the public interest in the |
11 | county. |
12 | * * * |
13 | (iii) If the facility is a Category 2 licensed |
14 | facility and if the county in which the licensed facility |
15 | is located is: |
16 | * * * |
17 | (F) Counties of the fifth class: 2% of the |
18 | gross terminal revenue from each such licensed |
19 | facility shall be deposited and distributed as |
20 | follows: |
21 | (I) One percent to be distributed as |
22 | follows: |
23 | (a) Beginning in 2010, the sum of |
24 | $2,400,000 annually for a period of 20 years |
25 | to the county for purposes of funding debt |
26 | service related to the construction of a |
27 | community college campus located within the |
28 | county. |
29 | (b) Any funds not distributed under |
30 | subclause (a) shall be deposited into a |
|
1 | restricted receipts account to be established |
2 | in the [Department of Community and Economic |
3 | Development] Commonwealth Financing Authority |
4 | to be used exclusively for grants within the |
5 | county for economic development projects, |
6 | road projects located within a 20-mile radius |
7 | of the licensed facility and located within |
8 | the county, community improvement projects |
9 | and other projects in the public interest |
10 | within the county. The amount under this |
11 | subclause includes reasonable administrative |
12 | costs. |
13 | (II) One percent shall be deposited into a |
14 | restricted receipts account to be established in |
15 | the [Department of Community and Economic |
16 | Development] Commonwealth Financing Authority to |
17 | be used exclusively for grants within contiguous |
18 | counties for economic development projects, |
19 | community improvement projects and other projects |
20 | in the public interest within contiguous |
21 | counties. The amount under this subclause |
22 | includes reasonable administrative costs. A |
23 | contiguous county that hosts a Category 1 |
24 | licensed facility shall be ineligible to receive |
25 | grants under this subclause. |
26 | (II.1) Priority shall be given to multiyear |
27 | projects approved or awarded by the Department of |
28 | Community and Economic Development under |
29 | subclause (II) on or before the effective date of |
30 | this subclause. |
|
1 | (III) Fifty percent of any revenue required |
2 | to be transferred under paragraph (3)(v) shall be |
3 | deposited into the restricted receipts account |
4 | established under subclause (I)(b), and 50% shall |
5 | be deposited into the restricted [receipt] |
6 | receipts account established under subclause |
7 | (II). Notwithstanding the Capital Facilities Debt |
8 | Enabling Act, grants made under this clause may |
9 | be utilized as local matching funds for other |
10 | grants or loans from the Commonwealth. |
11 | * * * |
12 | (iv) [If] (A) Except as provided in clause (B) or |
13 | (C), if the facility is a Category 3 licensed |
14 | facility, 2% of the gross terminal revenue from [each |
15 | such] the licensed facility shall be deposited into a |
16 | restricted receipts account established in the |
17 | Department of Community and Economic Development to |
18 | be used exclusively for grants to the county, to |
19 | economic development authorities or redevelopment |
20 | authorities within the county for grants for economic |
21 | development projects [and], community improvement |
22 | projects and other projects in the public interest. |
23 | (B) If the facility is a Category 3 licensed |
24 | facility located in a county of the second class A, |
25 | 2% of the gross terminal revenue from the licensed |
26 | facility shall be deposited into a restricted |
27 | receipts account to be established in the |
28 | Commonwealth Financing Authority to be used |
29 | exclusively for grants or guarantees for projects in |
30 | the host county that qualify under 64 Pa.C.S. §§ 1551 |
|
1 | (relating to Business in Our Sites Program), 1556 |
2 | (relating to Tax Increment Financing Guarantee |
3 | Program) and 1558 (relating to Water Supply and |
4 | Wastewater Infrastructure Program). |
5 | (C) If the facility is a Category 3 licensed |
6 | facility located in a county of the fifth class that |
7 | is contiguous to a county of the seventh class, 2% of |
8 | the gross terminal revenue from the licensed facility |
9 | shall be deposited into a restricted receipts account |
10 | to be established in the Commonwealth Financing |
11 | Authority to be used exclusively for grants within |
12 | the county for economic development projects, |
13 | infrastructure projects, community improvement |
14 | projects and other projects in the public interest |
15 | within the county and for infrastructure projects |
16 | within a 20-mile radius of the licensed facility in a |
17 | contiguous county of the seventh class. |
18 | * * * |
19 | (3) From the local share assessment established in |
20 | subsection (b), make quarterly distributions among the |
21 | municipalities, including home rule municipalities, hosting a |
22 | licensed facility in accordance with the following schedule: |
23 | * * * |
24 | (v) To a township of the second class hosting a |
25 | licensed facility[, other than a Category 3 licensed |
26 | facility,] |
27 | (A) 2% of the gross terminal revenue or |
28 | $10,000,000 annually, whichever is greater, shall be |
29 | paid by each licensed gaming entity operating a |
30 | licensed facility [located in the township], other |
|
1 | than a Category 3 licensed facility or a licensed |
2 | facility owning land adjacent to the licensed |
3 | facility located in more than one township of the |
4 | second class, to the township of the second class |
5 | hosting the licensed facility, subject, however, to |
6 | the budgetary limitation in this subparagraph. The |
7 | amount allocated to the designated municipalities |
8 | shall not exceed 50% of their total budget for fiscal |
9 | year 2003-2004, adjusted for inflation in subsequent |
10 | years by an amount not to exceed an annual cost-of- |
11 | living adjustment calculated by applying the |
12 | percentage change in the Consumer Price Index |
13 | immediately prior to the date the adjustment is due |
14 | to take effect. Any remaining money shall be |
15 | collected by the department from each licensed gaming |
16 | entity and distributed in accordance with paragraph |
17 | (2) based upon the classification of county where the |
18 | licensed facility is located. [Where the licensed |
19 | facility is other than a Category 3 and is located in |
20 | more than one second class township, the] If revenues |
21 | generated by the 2% do not meet the $10,000,000 |
22 | minimum specified in this subparagraph, the |
23 | department shall collect the remainder of the minimum |
24 | amount of $10,000,000 from each licensed gaming |
25 | entity operating a licensed facility in the township, |
26 | pay any balance due to the township and transfer any |
27 | remainder in accordance with paragraph (2). |
28 | (B) 2% of the gross terminal revenue or |
29 | $10,000,000 annually, whichever is greater, less the |
30 | amount paid under clause (C), shall be paid by each |
|
1 | licensed gaming entity operating a licensed facility |
2 | and owning land adjacent to the licensed facility |
3 | located in more than one township of the second |
4 | class, other than a Category 3 licensed facility, to |
5 | the township of the second class hosting the licensed |
6 | facility, subject, however, to the budgetary |
7 | limitation in this subparagraph. The amount allocated |
8 | to the designated municipalities may not exceed 50% |
9 | of their total budget for the fiscal year 2003-2004, |
10 | adjusted for inflation in subsequent years by an |
11 | amount not to exceed an annual cost-of-living |
12 | adjustment calculated by applying the percentage |
13 | change in the Consumer Price Index immediately prior |
14 | to the date the adjustment is due to take effect. Any |
15 | remaining money shall be collected by the department |
16 | from each licensed gaming entity and distributed in |
17 | accordance with paragraph (2) based upon the |
18 | classification of the county where the licensed |
19 | facility is located. The county commissioners of |
20 | [the] a county of the third class in which the |
21 | licensed facility is located shall appoint an |
22 | advisory committee for the purpose of advising the |
23 | county as to the need for municipal grants for |
24 | health, safety, transportation and other projects in |
25 | the public interest to be comprised of two |
26 | individuals from the host municipality, two from |
27 | contiguous municipalities within the county of the |
28 | third class and one from the host county. [A county |
29 | other than a county of the third class in which the |
30 | licensed facility is located is not required to |
|
1 | appoint an advisory committee and may use funds |
2 | received under this subparagraph for purposes other |
3 | than municipal grants.] In the event that the |
4 | revenues generated by the 2% do not meet the |
5 | $10,000,000 minimum specified in this subparagraph, |
6 | the department shall collect the remainder of the |
7 | minimum amount of $10,000,000 from each licensed |
8 | gaming entity operating a licensed facility in the |
9 | township, pay any balance due to the township and |
10 | transfer any remainder in accordance with paragraph |
11 | (2). |
12 | (C) $160,000 annually shall be paid by each |
13 | licensed gaming entity operating a licensed facility |
14 | and owning land adjacent to the licensed facility |
15 | located in more than one township of the second |
16 | class, other than a Category 3 licensed facility, to |
17 | the township of the second class that is located in a |
18 | county of the fifth class in which the adjacent land |
19 | is located, including racetracks, grazing fields or |
20 | any other adjoining real property. |
21 | * * * |
22 | (viii) [To] (A) Except as provided in clause (B) or |
23 | (C), to a municipality of any class hosting a |
24 | Category 3 facility, 2% of the gross terminal revenue |
25 | from the Category 3 licensed facility located in the |
26 | municipality, subject, however, to the budgetary |
27 | limitation in this [subparagraph] clause. The amount |
28 | allocated to the designated municipalities shall not |
29 | exceed 50% of their total budget for fiscal year |
30 | [2003-2004] 2009, adjusted for inflation in |
|
1 | subsequent years by an amount not to exceed an annual |
2 | cost-of-living adjustment calculated by applying the |
3 | percentage change in the Consumer Price Index |
4 | immediately prior to the date the adjustment is due |
5 | to take effect. Any remaining money shall be |
6 | collected by the department from each licensed gaming |
7 | entity and distributed in accordance with paragraph |
8 | (2) based upon the classification of county where the |
9 | licensed facility is located. |
10 | (B) If the municipality hosting a Category 3 |
11 | licensed facility is a borough located in a county of |
12 | the third class and the borough is contiguous to a |
13 | city of the third class, 1% of gross terminal revenue |
14 | shall be distributed to the host borough and 1% of |
15 | gross terminal revenue shall be distributed to the |
16 | city of the third class that is contiguous to the |
17 | host borough, subject, however, to the budgetary |
18 | limitation in this clause. The amount allocated to |
19 | each designated municipality shall not exceed 50% of |
20 | its total budget for fiscal year 2009, adjusted for |
21 | inflation in subsequent years by an amount not to |
22 | exceed an annual cost-of-living adjustment calculated |
23 | by applying the percentage increase, if any, in the |
24 | Consumer Price Index immediately prior to the date |
25 | the adjustment is due to take effect. Any remaining |
26 | money shall be collected by the department from each |
27 | licensed gaming entity and distributed in accordance |
28 | with paragraph (2) based upon the classification of |
29 | county where the licensed facility is located. |
30 | (C) If the municipality hosting a Category 3 |
|
1 | licensed facility is a township of the second class |
2 | in a county of the fifth class, 2% of the gross |
3 | terminal revenue from the Category 3 licensed |
4 | facility located in the municipality, subject, |
5 | however, to the budgetary limitation in this clause. |
6 | The amount allocated to the designated municipalities |
7 | shall not exceed 50% of their total budget for fiscal |
8 | year 2009, adjusted for inflation in subsequent years |
9 | by an amount not to exceed an annual cost-of-living |
10 | adjustment calculated by applying the percentage |
11 | change in the consumer Price Index immediately prior |
12 | to the date the adjustment is due to take effect. Any |
13 | remaining money shall be collected by the department |
14 | from each licensed gaming entity and distributed in |
15 | equal amounts to each municipality contiguous to the |
16 | host municipality. However, if the amount to be |
17 | allocated to any contiguous municipality exceeds 50% |
18 | of the municipality's total budget for fiscal year |
19 | 2009, adjusted for inflation in subsequent years by |
20 | an amount not to exceed an annual cost-of-living |
21 | adjustment calculated by applying the percentage |
22 | change in the Consumer Price Index immediately prior |
23 | to the date the adjustment is due to take effect. Any |
24 | money remaining following distribution to contiguous |
25 | municipalities shall be collected by the department |
26 | and distributed in accordance with paragraph (2) |
27 | based upon the classification of county where the |
28 | licensed facility is located. |
29 | * * * |
30 | (e) Reporting.-- |
|
1 | (1) In cooperation with the department, the Department |
2 | of Community and Economic Development shall submit an annual |
3 | report on all distributions of local share assessments to |
4 | counties and municipalities under this section to the |
5 | chairman and minority chairman of the Appropriations |
6 | Committee of the Senate, the chairman and minority chairman |
7 | of the Community, Economic and Recreational Development |
8 | Committee of the Senate, the chairman and minority chairman |
9 | of the Appropriations Committee of the House of |
10 | Representatives and the chairman and minority chairman of the |
11 | Gaming Oversight Committee of the House of Representatives. |
12 | The report shall be submitted by August 31, 2010, and by |
13 | August 31 of each year thereafter. |
14 | (2) All counties and municipalities receiving |
15 | distributions of local share assessments under this section |
16 | shall submit information to the Department of Community and |
17 | Economic Development on a form prepared by the Department of |
18 | Community and Economic Development that sets forth the amount |
19 | and use of the funds received in the prior calendar year. The |
20 | form shall set forth whether the funds received were |
21 | deposited in the county's or municipality's General Fund or |
22 | committed to a specific project or use. |
23 | (f) Prohibited activities.-- |
24 | (1) A person or its affiliated entity or a political |
25 | subdivision shall not compensate or incur an obligation to |
26 | compensate a person to engage in lobbying for compensation |
27 | contingent in whole or in part upon the approval, award, |
28 | receipt or denial of funds under this section. A person or |
29 | its affiliated entity shall not engage in or agree to engage |
30 | in lobbying for compensation contingent in whole or in part |
|
1 | upon the approval, award, receipt or denial of funds under |
2 | this section. This subsection shall not apply to a county or |
3 | municipality that compensates a person to prepare a grant |
4 | application for funds under this section if the following |
5 | requirements are met: |
6 | (i) The person is not identified in the application. |
7 | (ii) The person has no direct contact with the |
8 | agency, county or municipality providing the funding. |
9 | (iii) The person is paid a fixed fee or percentage |
10 | of the amount of any funds approved, awarded or received |
11 | up to .5%. |
12 | (2) A violation of this section shall be considered an |
13 | intentional violation of 65 Pa.C.S. § 13A09(e) (relating to |
14 | penalties). |
15 | Section 11.4. Section 1406(a) of Title 4 is amended to read: |
16 | § 1406. Distributions from Pennsylvania Race Horse Development |
17 | Fund. |
18 | (a) Distributions.--Funds [from] in the Pennsylvania Race |
19 | Horse Development Fund are hereby appropriated to the department |
20 | on a continuing basis for the purposes set forth in this |
21 | subsection and shall be distributed to each active and operating |
22 | Category 1 licensee conducting live racing [in the following |
23 | manner] as follows: |
24 | (1) An amount equal to 18% of the daily gross terminal |
25 | revenue of each Category 1 licensee shall be distributed to |
26 | each active and operating Category 1 licensee conducting live |
27 | racing unless the daily assessments are affected by the daily |
28 | assessment cap provided for in section 1405(c) (relating to |
29 | Pennsylvania Race Horse Development Fund). In cases in which |
30 | the daily assessment cap affects daily assessments, the |
|
1 | distribution to each active and operating Category 1 licensee |
2 | conducting live racing for that day shall be a percentage of |
3 | the total daily assessments paid into the Pennsylvania Race |
4 | Horse Development Fund for that day equal to the gross |
5 | terminal revenue of each active and operating Category 1 |
6 | licensee conducting live racing for that day divided by the |
7 | total gross terminal revenue of all active and operating |
8 | Category 1 licensees conducting live racing for that day. |
9 | [The] Except as provided in paragraphs (2) and (2.1), the |
10 | distributions to licensed racing entities from the |
11 | Pennsylvania Race Horse Development Fund shall be allocated |
12 | as follows: |
13 | (i) Eighty percent shall be deposited weekly into a |
14 | separate, interest-bearing purse account to be |
15 | established by and for the benefit of the horsemen. The |
16 | earned interest on the account shall be credited to the |
17 | purse account. Licensees shall combine these funds with |
18 | revenues from existing purse agreements to fund purses |
19 | for live races consistent with those agreements with the |
20 | advice and consent of the horsemen. |
21 | (ii) For thoroughbred tracks, 16% shall be deposited |
22 | on a monthly basis into the Pennsylvania Breeding Fund as |
23 | defined in section 223 of the Race Horse Industry Reform |
24 | Act. For standardbred tracks, 8% shall be deposited on a |
25 | monthly basis in the Pennsylvania Sire Stakes Fund as |
26 | defined in section 224 of the Race Horse Industry Reform |
27 | Act, and 8% shall be deposited on a monthly basis into a |
28 | restricted account in the State Racing Fund to be known |
29 | as the Pennsylvania Standardbred Breeders Development |
30 | Fund. The State Harness Racing Commission shall, in |
|
1 | consultation with the Secretary of Agriculture by rule or |
2 | by regulation, adopt a standardbred breeders program that |
3 | will include the administration of Pennsylvania Stallion |
4 | Award, Pennsylvania Bred Award and a Pennsylvania Sired |
5 | and Bred Award. |
6 | (iii) Four percent shall be used to fund health and |
7 | pension benefits for the members of the horsemen's |
8 | organizations representing the owners and trainers at the |
9 | racetrack at which the licensed racing entity operates |
10 | for the benefit of the organization's members, their |
11 | families, employees and others in accordance with the |
12 | rules and eligibility requirements of the organization, |
13 | as approved by the State Horse Racing Commission or the |
14 | State Harness Racing Commission. This amount shall be |
15 | deposited within five business days of the end of each |
16 | month into a separate account to be established by each |
17 | respective horsemen's organization at a banking |
18 | institution of its choice. Of this amount, $250,000 shall |
19 | be paid annually by the horsemen's organization to the |
20 | thoroughbred jockeys or standardbred drivers organization |
21 | at the racetrack at which the licensed racing entity |
22 | operates for health insurance, life insurance or other |
23 | benefits to active and disabled thoroughbred jockeys or |
24 | standardbred drivers in accordance with the rules and |
25 | eligibility requirements of that organization. |
26 | (2) [(Reserved).] Beginning January 1, 2010, and for the |
27 | remainder of fiscal year 2009-2010, distributions from the |
28 | Pennsylvania Race Horse Development Fund shall be allocated |
29 | as follows: |
30 | (i) Each week, 34% of the money in the Pennsylvania |
|
1 | Race Horse Development Fund shall be transferred to the |
2 | General Fund. |
3 | (ii) Each week, 66% of the money in the Pennsylvania |
4 | Race Horse Development Fund shall be distributed to each |
5 | active and operating Category 1 licensee conducting live |
6 | racing in accordance with the following formula: |
7 | (A) Divide: |
8 | (I) the total daily assessments paid by each |
9 | active and operating Category 1 licensee |
10 | conducting live racing into the Pennsylvania Race |
11 | Horse Development Fund for that week; by |
12 | (II) the total daily assessments paid by all |
13 | active and operating Category 1 licensees |
14 | conducting live racing into the Pennsylvania Race |
15 | Horse Development Fund for that week. |
16 | (B) Multiply the quotient under clause (A) by |
17 | the amount to be distributed under this subparagraph. |
18 | (iii) The distribution under subparagraph (ii) shall |
19 | be allocated as follows: |
20 | (A) The greater of 4% of the amount to be |
21 | distributed under subparagraph (ii) or $275,000 shall |
22 | be used to fund health and pension benefits for the |
23 | members of the horsemen's organizations representing |
24 | the owners and trainers at the racetrack at which the |
25 | licensed racing entity operates for the benefit of |
26 | the organization's members, their families, employees |
27 | and others in accordance with the rules and |
28 | eligibility requirements of the organization, as |
29 | approved by the State Horse Racing Commission or the |
30 | State Harness Racing Commission. This amount shall be |
|
1 | deposited within five business days of the end of |
2 | each week into a separate account to be established |
3 | by each respective horsemen's organization at a |
4 | banking institution of its choice. Of this amount, a |
5 | minimum of $250,000 shall be paid annually by the |
6 | horsemen's organization to the thoroughbred jockeys |
7 | or standardbred drivers organization at the racetrack |
8 | at which the licensed racing entity operates for |
9 | health insurance, life insurance or other benefits to |
10 | active and disabled thoroughbred jockeys or |
11 | standardbred drivers in accordance with the rules and |
12 | eligibility requirements of that organization. The |
13 | total distributions for health and pension benefits |
14 | for fiscal year 2009-2010 shall not exceed |
15 | $11,400,000. |
16 | (B) Of the money remaining to be distributed |
17 | under subparagraph (ii) after application of clause |
18 | (A), the following disbursements shall be made: |
19 | (I) Eighty-three and one-third percent of |
20 | the money to be distributed under this clause |
21 | shall be deposited on a weekly basis into a |
22 | separate, interest-bearing purse account to be |
23 | established by and for the benefit of the |
24 | horsemen. The earned interest on the account |
25 | shall be credited to the purse account. Licensees |
26 | shall combine these funds with revenues from |
27 | existing purse agreements to fund purses for live |
28 | races consistent with those agreements with the |
29 | advice and consent of the horsemen. |
30 | (II) For thoroughbred tracks, 16 and 2/3% of |
|
1 | the money to be distributed under this clause |
2 | shall be deposited on a weekly basis into the |
3 | Pennsylvania Breeding Fund established in section |
4 | 223 of the act of December 17, 1981 (P.L.435, |
5 | No.135), known as the Race Horse Industry Reform |
6 | Act. For standardbred tracks, 8 and 1/3% of the |
7 | money to be distributed under this clause shall |
8 | be deposited on a weekly basis into the |
9 | Pennsylvania Sire Stakes Fund as defined in |
10 | section 224 of the Race Horse Industry Reform |
11 | Act; and 8 and 1/3% of the money to be |
12 | distributed under this clause shall be deposited |
13 | on a weekly basis into a restricted account in |
14 | the State Racing Fund to be known as the |
15 | Pennsylvania Standardbred Breeders Development |
16 | Fund. The State Harness Racing Commission shall, |
17 | in consultation with the Secretary of |
18 | Agriculture, promulgate regulations adopting a |
19 | standardbred breeders program that will include |
20 | the administration of the Pennsylvania Stallion |
21 | Award, the Pennsylvania Bred Award and the |
22 | Pennsylvania Sired and Bred Award. |
23 | (2.1) For fiscal years 2010-2011 through 2012-2013, |
24 | distributions from the Pennsylvania Race Horse Development |
25 | Fund shall be allocated as follows: |
26 | (i) Each week, 17% of the money in the Pennsylvania |
27 | Race Horse Development Fund shall be transferred to the |
28 | General Fund. |
29 | (ii) Each week, 83% of the money in the Pennsylvania |
30 | Race Horse Development Fund shall be distributed to each |
|
1 | active and operating Category 1 licensee conducting live |
2 | racing in accordance with the following formula: |
3 | (A) Divide: |
4 | (I) the total daily assessments paid, by |
5 | each active and operating Category 1 licensee |
6 | conducting live racing, into the Pennsylvania |
7 | Race Horse Development Fund for that week; by |
8 | (II) the total daily assessments paid, by |
9 | all active and operating Category 1 licensees |
10 | conducting live racing, into the Pennsylvania |
11 | Race Horse Development Fund for that week. |
12 | (B) Multiply the quotient under clause (A) by |
13 | the amount to be distributed under this subparagraph. |
14 | (iii) The distribution under subparagraph (ii) shall |
15 | be allocated as follows: |
16 | (A) The greater of 4% of the amount to be |
17 | distributed under subparagraph (ii) or $220,000 shall |
18 | be used to fund health and pension benefits for the |
19 | members of the horsemen's organizations representing |
20 | the owners and trainers at the racetrack at which the |
21 | licensed racing entity operates for the benefit of |
22 | the organization's members, their families, employees |
23 | and others in accordance with the rules and |
24 | eligibility requirements of the organization, as |
25 | approved by the State Horse Racing Commission or the |
26 | State Harness Racing Commission. This amount shall be |
27 | deposited within five business days of the end of |
28 | each week into a separate account to be established |
29 | by each respective horsemen's organization at a |
30 | banking institution of its choice. Of this amount, a |
|
1 | minimum of $250,000 shall be paid annually by the |
2 | horsemen's organization to the thoroughbred jockeys |
3 | or standardbred drivers organization at the racetrack |
4 | at which the licensed racing entity operates for |
5 | health insurance, life insurance or other benefits to |
6 | active and disabled thoroughbred jockeys or |
7 | standardbred drivers in accordance with the rules and |
8 | eligibility requirements of that organization. The |
9 | total distribution under this clause in any fiscal |
10 | year shall not exceed $11,400,000. |
11 | (B) Of the money remaining to be distributed |
12 | under subparagraph (ii) after application of clause |
13 | (A), the following disbursements shall be made: |
14 | (I) Eighty-three and one-third percent of |
15 | the money to be distributed under this clause |
16 | shall be deposited on a weekly basis into a |
17 | separate, interest-bearing purse account to be |
18 | established by and for the benefit of the |
19 | horsemen. The earned interest on the account |
20 | shall be credited to the purse account. Licensees |
21 | shall combine these funds with revenues from |
22 | existing purse agreements to fund purses for live |
23 | races consistent with those agreements with the |
24 | advice and consent of the horsemen. |
25 | (II) For thoroughbred tracks, 16 and 2/3% of |
26 | the money to be distributed under this clause |
27 | shall be deposited on a weekly basis into the |
28 | Pennsylvania Breeding Fund established in section |
29 | 223 of the Race Horse Industry Reform Act. For |
30 | standardbred tracks, 8 and 1/3% of the money to |
|
1 | be distributed under this clause shall be |
2 | deposited on a weekly basis into the Pennsylvania |
3 | Sire Stakes Fund as defined in section 224 of the |
4 | Race Horse Industry Reform Act; and 8 and 1/3% of |
5 | the money to be distributed under this clause |
6 | shall be deposited on a weekly basis into a |
7 | restricted account in the State Racing Fund to be |
8 | known as the Pennsylvania Standardbred Breeders |
9 | Development Fund. The State Harness Racing |
10 | Commission shall, in consultation with the |
11 | Secretary of Agriculture, promulgate regulations |
12 | adopting a standardbred breeders program that |
13 | will include the administration of the |
14 | Pennsylvania Stallion Award, the Pennsylvania |
15 | Bred Award and the Pennsylvania Sired and Bred |
16 | Award. |
17 | * * * |
18 | Section 12. Section 1407(d) introductory paragraph and (7) |
19 | of Title 4 are amended and the section is amended by adding |
20 | subsections to read: |
21 | § 1407. Pennsylvania Gaming Economic Development and Tourism |
22 | Fund. |
23 | * * * |
24 | (d) Restrictions on projects for certain counties and |
25 | cities.--[For] Except as set forth in subsection (d.1), for a |
26 | ten-year period beginning with the first fiscal year during |
27 | which deposits are made into this fund, no moneys from the |
28 | Pennsylvania Gaming Economic Development and Tourism Fund shall |
29 | be distributed for any project located in a city or county of |
30 | the first or second class except as authorized by this |
|
1 | subsection. Moneys not used for the authorized projects in |
2 | cities and counties of the first and second classes may be used |
3 | throughout this Commonwealth. Moneys from the fund for projects |
4 | within cities and counties of the first and second classes may |
5 | only be used for the following projects during this ten-year |
6 | period: |
7 | * * * |
8 | [(7) for retirement of indebtedness and for financing of |
9 | a hotel or convention center in a city of the second class |
10 | established pursuant to the authority of the act of July 29, |
11 | 1953 (P.L.1034, No.270), known as the Public Auditorium |
12 | Authorities Law;] |
13 | * * * |
14 | (d.1) Community and economic development.-- |
15 | (1) Notwithstanding subsection (b) or any other |
16 | provision of law to the contrary, the money authorized but |
17 | not expended under former subsection (d)(7) as of the |
18 | effective date of this subsection shall be deposited into a |
19 | restricted receipts account to be established in the |
20 | Commonwealth Financing Authority exclusively for eligible |
21 | applications submitted by the redevelopment authority of a |
22 | county of the second class created pursuant to the act of May |
23 | 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment |
24 | Law, for economic development, infrastructure development, |
25 | job training, community improvement, public safety or other |
26 | projects in the public interest located in a county of the |
27 | second class. Community development corporations, political |
28 | subdivisions, urban redevelopment authorities, municipal |
29 | authorities, for-profit entities and nonprofit entities |
30 | located in a county of the second class shall be eligible to |
|
1 | receive funds made available under this paragraph. |
2 | (2) Notwithstanding the Capital Facilities Debt Enabling |
3 | Act, funding under the paragraph (1) may be utilized as local |
4 | matching funds for grants or loans from the Commonwealth. |
5 | (e) Annual report.--The Office of the Budget, in cooperation |
6 | with the Department of Community and Economic Development and |
7 | the Commonwealth Financing Authority, shall submit an annual |
8 | report of all distribution of funds under this section to the |
9 | chairman and minority chairman of the Appropriations Committee |
10 | of the Senate, the chairman and minority chairman of the |
11 | Community, Economic and Recreational Development Committee of |
12 | the Senate, the chairman and minority chairman of the |
13 | Appropriations Committee of the House of Representatives and the |
14 | chairman and minority chairman of the Gaming Oversight Committee |
15 | of the House of Representatives. The report shall include |
16 | detailed information relating to transfers made from the |
17 | Pennsylvania Gaming Economic Development and Tourism Fund and |
18 | all reimbursements, distributions and payments made under |
19 | subsection (b) or the act of July 25, 2007 (P.L.342, No.53), |
20 | known as Pennsylvania Gaming Economic Development and Tourism |
21 | Fund Capital Budget Itemization Act of 2007. The report shall be |
22 | submitted by August 31, 2010, and by August 31 of each year |
23 | thereafter. |
24 | (f) Local report.--A city of the first class, city of the |
25 | second class, county of the second class, convention center or |
26 | convention center authority, sports and exhibition authority of |
27 | a county of the second class, urban redevelopment authority, |
28 | airport authority or other entity that receives money from the |
29 | fund pursuant to an Economic Development Capital Budget under |
30 | subsection (b) or the Pennsylvania Gaming Economic Development |
|
1 | and Tourism Fund Capital Budget Itemization Act of 2007 shall |
2 | submit an annual report to the Office of the Budget. The report |
3 | shall include detailed information, including records of |
4 | expenditures, payments and other distributions made from funds |
5 | received under subsection (b). The initial report shall include |
6 | information on all funds received prior to August 31, 2010. The |
7 | report shall be submitted by August 31, 2010, and by August 31 |
8 | of each year thereafter until all funds under this section are |
9 | distributed or received. An entity that receives funds for the |
10 | first time after the effective date of this section shall submit |
11 | its initial report by August 31 of the year following receipt of |
12 | the funds. |
13 | (g) Distribution to international airport.--Notwithstanding |
14 | the provisions of section 7(d) of the act of July 25, 2007 |
15 | (P.L.342, No.53), known as the Pennsylvania Gaming Economic |
16 | Development and Tourism Fund Capital Budget Itemization Act of |
17 | 2007, following the distribution of $42.5 million of funds |
18 | allocated to a county of the second class for debt service and |
19 | economic development projects for an international airport in |
20 | the county under section 3(2)(i)(E) of said act, all remaining |
21 | funds shall be distributed directly to an authority that |
22 | operates an international airport in the county. |
23 | Section 13. Section 1408(a), (c) and (e) of Title 4 are |
24 | amended and the section is amended by adding a subsection to |
25 | read: |
26 | § 1408. Transfers from State Gaming Fund. |
27 | (a) Transfer for compulsive and problem gambling |
28 | treatment.--Each year, the sum of [$1,500,000] $2,000,000 or an |
29 | amount equal to [.001] .002 multiplied by the total gross |
30 | terminal revenue of all active and operating licensed gaming |
|
1 | entities, whichever is greater, shall be transferred into the |
2 | Compulsive and Problem Gambling Treatment Fund established in |
3 | section 1509 (relating to compulsive and problem gambling |
4 | program). |
5 | (a.1) Transfer.--Beginning on the first business day of |
6 | January 2010 and annually thereafter, the sum of $3,000,000 |
7 | shall be transfered to the Department of Health to be used to |
8 | provide drug and alcohol addiction treatment services, including |
9 | treatment for drug and alcohol addiction related to compulsive |
10 | and problem gambling, as set forth in section 1509.1 (relating |
11 | to drug and alcohol treatment). |
12 | * * * |
13 | (c) Local law enforcement grants.--Annually, the sum of |
14 | [$5,000,000] $2,000,000 shall be transferred to the board for |
15 | the purpose of issuing grants to local law enforcement agencies |
16 | to [enforce and prevent the unlawful operation of slot machines] |
17 | investigate violations of and enforce laws relating to unlawful |
18 | gambling in this Commonwealth. For purposes of this subsection, |
19 | the term "local law enforcement agency" shall include the |
20 | Pennsylvania State Police when conducting unlawful gambling |
21 | enforcement and prevention activities in a municipality which |
22 | does not have a municipal police department and in which the |
23 | Pennsylvania State Police provide the municipality with primary |
24 | police coverage. |
25 | * * * |
26 | (e) Transfer to Property Tax Relief Fund.--Monthly, the |
27 | State Treasurer shall transfer the remaining balance in the |
28 | State Gaming Fund which is not allocated in subsections (a), |
29 | (a.1), (b), (c) and (d) to the Property Tax Relief Fund |
30 | established in section 1409 (relating to Property Tax Relief |
|
1 | Fund). |
2 | Section 13.1. Sections 1501(b) and (c), 1504 and 1505 of |
3 | Title 4 are amended to read: |
4 | § 1501. Responsibility and authority of department. |
5 | * * * |
6 | (b) Application of rules and regulations.--The department |
7 | may prescribe the extent, if any, to which any rules and |
8 | regulations shall be applied without retroactive effect. The |
9 | department shall have authority to prescribe the forms and the |
10 | system of accounting and recordkeeping to be employed and |
11 | through its representative shall at all times have power of |
12 | access to and examination and audit of any equipment and records |
13 | relating to all aspects of the operation of slot machines and |
14 | table games under this part. |
15 | (c) Procedure.--For purposes of implementing this part, the |
16 | department may promulgate regulations in the same manner in |
17 | which the board is authorized as provided in section 1203 |
18 | (relating to temporary regulations) and section 1303A (relating |
19 | to temporary table game regulations). |
20 | * * * |
21 | § 1504. Wagering on credit. |
22 | [Slot] Except as otherwise provided in this section, slot |
23 | machine licensees [may] shall not extend credit. Slot machine |
24 | licensees [may] shall not accept credit cards, charge cards or |
25 | debit cards from a patron or player for the exchange or purchase |
26 | of slot machine credits or for an advance of coins or currency |
27 | to be utilized by a player to play slot machine games or extend |
28 | credit in any manner to a player so as to enable the player to |
29 | play slot machines. Slot machine licensees who hold a table game |
30 | operation certificate may extend credit for slot machine gaming |
|
1 | in accordance with section 1326A (relating to cash equivalents). |
2 | § 1505. No eminent domain authority. |
3 | Neither the Commonwealth nor any political subdivision |
4 | thereof shall have the right to acquire, with or without |
5 | compensation, through the power of eminent domain any property, |
6 | easement or land use right for the siting or construction of a |
7 | licensed facility [for the operation of slot machines by a slot |
8 | machine licensee]. |
9 | Section 13.2. Section 1509(a), (b), (c) and (d) of Title 4 |
10 | are amended and the section is amended by adding subsections to |
11 | read: |
12 | § 1509. Compulsive and problem gambling program. |
13 | (a) Establishment of program.--The Department of Health, in |
14 | consultation with organizations similar to the Mid-Atlantic |
15 | Addiction Training Institute, shall develop program guidelines |
16 | for public education, awareness and training regarding |
17 | compulsive and problem gambling and the treatment and prevention |
18 | of compulsive and problem gambling. The guidelines shall include |
19 | strategies for the prevention of compulsive and problem |
20 | gambling. The Department of Health may consult with the board |
21 | and licensed gaming entities to develop such strategies. [The |
22 | program shall include: |
23 | (1) Maintenance of a compulsive gamblers assistance |
24 | organization's toll-free problem gambling telephone number to |
25 | provide crisis counseling and referral services to families |
26 | experiencing difficulty as a result of problem or compulsive |
27 | gambling. |
28 | (2) The promotion of public awareness regarding the |
29 | recognition and prevention of problem or compulsive gambling. |
30 | (3) Facilitation, through in-service training and other |
|
1 | means, of the availability of effective assistance programs |
2 | for problem and compulsive gamblers and family members |
3 | affected by problem and compulsive gambling. |
4 | (4) Conducting studies to identify adults and juveniles |
5 | in this Commonwealth who are or are at risk of becoming |
6 | problem or compulsive gamblers. |
7 | (5) Providing grants to and contracting with |
8 | organizations which provide services as set forth in this |
9 | section. |
10 | (6) Providing reimbursement for organizations for |
11 | reasonable expenses in assisting the Department of Health in |
12 | carrying out the purposes of this section.] |
13 | (a.1) Duties of Department of Health.--From funds available |
14 | in the Compulsive and Problem Gambling Treatment Fund, the |
15 | Department of Health shall: |
16 | (1) Maintain a compulsive gamblers assistance |
17 | organization's toll-free problem gambling telephone number to |
18 | provide crisis counseling and referral services to |
19 | individuals and families experiencing difficulty as a result |
20 | of problem or compulsive gambling. |
21 | (2) Facilitate, through in-service training and other |
22 | means, the availability of effective assistance programs for |
23 | problem and compulsive gamblers and family members affected |
24 | by problem and compulsive gambling. |
25 | (3) At its discretion, conduct studies to identify |
26 | individuals in this Commonwealth who are or are at risk of |
27 | becoming problem or compulsive gamblers. |
28 | (4) Provide grants to and contract with single county |
29 | authorities and other organizations which provide services as |
30 | set forth in this section. |
|
1 | (5) Reimburse organizations for reasonable expenses |
2 | incurred assisting the Department of Health with implementing |
3 | this section. |
4 | (a.2) Duties of Department of Health and board.--Within 60 |
5 | days following the effective date of this subsection, the |
6 | Department of Health's Bureau of Drug and Alcohol Programs and |
7 | the board's Office of Compulsive and Problem Gambling shall |
8 | jointly collaborate with other appropriate offices and agencies |
9 | of State or local government, including single county |
10 | authorities, and providers and other persons, public or private, |
11 | with expertise in compulsive and problem gambling treatment to |
12 | do the following: |
13 | (1) Implement a strategic plan for the prevention and |
14 | treatment of compulsive and problem gambling. |
15 | (2) Adopt compulsive and problem gambling treatment |
16 | standards to be integrated with the Bureau of Drug and |
17 | Alcohol Program's uniform Statewide guidelines that govern |
18 | the provision of addiction treatment services. |
19 | (3) Develop a method to coordinate compulsive and |
20 | problem gambling data collection and referral information to |
21 | crisis response hotlines, child welfare and domestic violence |
22 | programs and providers and other appropriate programs and |
23 | providers. |
24 | (4) Develop and disseminate educational materials to |
25 | provide public awareness related to the prevention, |
26 | recognition and treatment of compulsive and problem gambling. |
27 | (5) Develop demographic-specific compulsive and problem |
28 | gambling prevention, intervention and treatment programs. |
29 | (6) Prepare an itemized budget outlining how funds will |
30 | be allocated to fulfill the responsibilities under this |
|
1 | section. |
2 | (b) Compulsive and Problem Gambling Treatment Fund.--There |
3 | is hereby established in the State Treasury a special fund to be |
4 | known as the Compulsive and Problem Gambling Treatment Fund. All |
5 | moneys in the fund shall be [expended] administered by the |
6 | Department of Health and expended solely for programs for the |
7 | prevention and treatment of gambling addiction and other |
8 | emotional and behavioral problems associated with or related to |
9 | gambling addiction and for the administration of the compulsive |
10 | and problem gambling program[.]; provided that the Department of |
11 | Health shall annually distribute at least 50% of the money in |
12 | the fund to single county authorities under subsection (d). The |
13 | fund shall consist of money annually allocated to it from the |
14 | annual payment established under section [1408] 1408(a) |
15 | (relating to transfers from State Gaming Fund), money which may |
16 | be allocated by the board, interest earnings on moneys in the |
17 | fund and any other contributions, payments or deposits which may |
18 | be made to the fund. |
19 | (c) Notice of availability of assistance.-- |
20 | (1) Each slot machine licensee shall obtain a toll-free |
21 | telephone number to be used to provide persons with |
22 | information on assistance for compulsive or problem gambling. |
23 | Each licensee shall conspicuously post at least 20 signs |
24 | similar to the following statement: |
25 | If you or someone you know has a gambling problem, help |
26 | is available. Call (Toll-free telephone number). |
27 | The signs must be posted within 50 feet of each entrance and |
28 | exit [and], within 50 feet of each automated teller machine |
29 | location within the licensed facility and in other |
30 | appropriate public areas of the licensed facility as |
|
1 | determined by the slot machine licensee. |
2 | (2) Each racetrack where slot machines or table games |
3 | are operated shall print a statement on daily racing programs |
4 | provided to the general public that is similar to the |
5 | following: |
6 | If you or someone you know has a gambling problem, help |
7 | is available. Call (Toll-free telephone number). |
8 | (3) A licensed facility which fails to post or print the |
9 | warning sign in accordance with paragraph (1) or (2) shall be |
10 | assessed a fine of $1,000 a day for each day the [sign is] |
11 | minimum number of signs are not posted or the required |
12 | statement is not printed as provided in this subsection. |
13 | (d) Single county authorities.--The Department of Health |
14 | [may] shall make grants from the fund established under |
15 | subsection (b) to [a single county authority] single county |
16 | authorities created pursuant to the act of April 14, 1972 |
17 | (P.L.221, No.63), known as the Pennsylvania Drug and Alcohol |
18 | Abuse Control Act, for the purpose of providing compulsive |
19 | gambling and gambling addiction prevention, treatment and |
20 | education programs. Treatment may include financial counseling, |
21 | irrespective of whether the financial counseling is provided by |
22 | the single county authority, the treatment service provider or |
23 | subcontracted to a third party. It is the intention of the |
24 | General Assembly that any grants [that] made by the Department |
25 | of Health [may make] to any single county authority in |
26 | accordance with the provisions of this subsection be used |
27 | exclusively for the development and implementation of compulsive |
28 | and problem gambling programs authorized under [subsection (a)] |
29 | this section. |
30 | (d.1) Eligibility.--Eligibility to receive treatment |
|
1 | services for treatment of compulsive and problem gambling under |
2 | this section shall be determined using financial eligibility and |
3 | other requirements of the single county authorities as approved |
4 | by the Department of Health. |
5 | (d.2) Report.--No later than October 1, 2010, and each |
6 | October 1 thereafter, the Department of Health, in consultation |
7 | with the board, shall prepare and submit a report on the impact |
8 | of the programs funded by the Compulsive and Problem Gambling |
9 | Treatment Fund to the Governor and to the members of the General |
10 | Assembly. The report shall include aggregate demographic- |
11 | specific data, including race, gender, geography and income of |
12 | those individuals treated. |
13 | * * * |
14 | Section 13.3. Title 4 is amended by adding a section to |
15 | read: |
16 | § 1509.1. Drug and alcohol treatment. |
17 | (a) Duties of Department of Health.--Annually, the |
18 | Department of Health shall allocate and transfer all funds |
19 | received by it under section 1408(a.1) (relating to transfers |
20 | from State Gaming Fund) to the single county authorities. |
21 | (b) Duties of single county authorities.--The funds |
22 | allocated and transferred to the single county authorities under |
23 | subsection (a) shall be used by the single county authorities |
24 | solely for drug and alcohol addiction assessments, including |
25 | drug and alcohol addiction assessment associated or related to |
26 | compulsive and problem gambling, and for the related addiction |
27 | treatment, in nonhospital residential detoxification facilities, |
28 | nonhospital residential rehabilitation facilities and halfway |
29 | houses licensed by the Department of Health to provide addiction |
30 | treatment services. |
|
1 | (c) Eligibility.--Eligibility to receive treatment services |
2 | for treatment of drug and alcohol addiction or drug and alcohol |
3 | addiction associated with or related to compulsive and problem |
4 | gambling shall be determined using financial eligibility and |
5 | other requirements of the single county authorities as approved |
6 | by the Department of Health. |
7 | (d) Report.--No later than October 1, 2010, and each October |
8 | 1 thereafter, the Bureau of Drug and Alcohol Programs shall |
9 | prepare and submit a report to the Governor and to the members |
10 | of the General Assembly on the data and progress on activities |
11 | initiated under this section. |
12 | Section 13.4. Sections 1510(a), 1511(b) and 1512(a.1), (a.5) |
13 | and (b) of Title 4 are amended to read: |
14 | § 1510. Labor hiring preferences. |
15 | (a) Category 1, 2, and 3 licensed facilities, generally.-- |
16 | Each licensed gaming entity shall prepare a hiring plan for |
17 | employees of its respective licensed facility which promotes a |
18 | diverse work force, minority participation and personnel from |
19 | within the surrounding geographical area. The hiring plan shall |
20 | be approved by the board and shall be consistent with the goals |
21 | outlined in sections 1212 (relating to diversity goals of board) |
22 | and 1304A (relating to Commonwealth resident employment goals) |
23 | and shall be updated annually. |
24 | * * * |
25 | § 1511. Declaration of exemption from Federal laws prohibiting |
26 | slot machines. |
27 | * * * |
28 | (b) Legal shipments.--All shipments of [slot machines] |
29 | gambling devices, as defined in section 1 of the Gambling |
30 | Devices Transportation Act (64 Stat. 1134, 15 U.S.C. § 1171), |
|
1 | into this Commonwealth, the registering, recording and labeling |
2 | of which has been effected by the manufacturer and supplier of |
3 | those devices, in accordance with sections [5 and 7] 3 and 4 of |
4 | the Gambling Devices Transportation Act (64 Stat. 1134, 15 |
5 | U.S.C. §§ [1175 and 1177] 1173 and 1174), shall be deemed legal |
6 | shipments of [slot machines] gambling devices into this |
7 | Commonwealth. |
8 | § 1512. Financial and employment interests. |
9 | * * * |
10 | (a.1) Employment.--Except as may be provided by rule or |
11 | order of the Pennsylvania Supreme Court and except as provided |
12 | in section 1202.1 (relating to code of conduct) or 1512.1 |
13 | (relating to additional restrictions), no executive-level public |
14 | employee, public official or party officer, or an immediate |
15 | family member thereof, shall be employed by an applicant or a |
16 | slot machine licensee, manufacturer licensee, supplier licensee |
17 | or licensed racing entity, or by any holding company, affiliate, |
18 | intermediary or subsidiary thereof, while the individual is an |
19 | executive-level public employee, public official or party |
20 | officer and for one year following termination of the |
21 | individual's status as an executive-level public employee, |
22 | public official or party officer. |
23 | * * * |
24 | (a.5) State Ethics Commission.--The State Ethics Commission |
25 | shall [publish] do all of the following: |
26 | (1) Issue a written determination of whether a person is |
27 | subject to subsections (a), (a.1) or (a.2) upon the written |
28 | request of the person or any other person that may have |
29 | liability for an action taken with respect to such person. A |
30 | person that relies in good faith on a determination made |
|
1 | under this paragraph shall not be subject to any penalty for |
2 | an action taken, provided that all material facts set forth |
3 | in the request for the determination are correct. |
4 | (2) Publish a list of all State, county, municipal and |
5 | other government positions that meet the definitions of |
6 | "public official" as defined under subsection (b) or |
7 | "executive-level public employee" [under subsection (b)]. The |
8 | Office of Administration shall assist the State Ethics |
9 | Commission in the development of the list, which shall be |
10 | published by the State Ethics Commission in the Pennsylvania |
11 | Bulletin biennially and posted by the board on the board's |
12 | Internet website. Upon request, each public official shall |
13 | have a duty to provide the State Ethics Commission with |
14 | adequate information to accurately develop and maintain the |
15 | list. The State Ethics Commission may impose a civil penalty |
16 | under 65 Pa.C.S. § 1109(f) (relating to penalties) upon any |
17 | individual, including any public official or executive-level |
18 | public employee, who fails to cooperate with the State Ethics |
19 | Commission under this subsection. A person that relies in |
20 | good faith on the list published by the State Ethics |
21 | Commission shall not be subject to any penalty for a |
22 | violation of this section. |
23 | (b) Definitions.--As used in this section, the following |
24 | words and phrases shall have the meanings given to them in this |
25 | subsection: |
26 | ["Executive-level public employee." The term shall include |
27 | the following: |
28 | (1) Deputy Secretaries of the Commonwealth and the |
29 | Governor's Office executive staff. |
30 | (2) An employee of the Executive Branch with |
|
1 | discretionary power which may affect or influence the outcome |
2 | of a State agency's action or decision and who is involved in |
3 | the development of regulations or policies relating to a |
4 | licensed entity or who is involved in other matters under |
5 | this part. The term shall include an employee with law |
6 | enforcement authority. |
7 | (3) An employee of a county or municipality with |
8 | discretionary powers which may affect or influence the |
9 | outcome of the county's or municipality's action or decision |
10 | and who is involved in the development of law, regulation or |
11 | policy relating to a licensed entity or who is involved in |
12 | other matters under this part. The term shall include an |
13 | employee with law enforcement authority. |
14 | (4) An employee of a department, agency, board, |
15 | commission, authority or other governmental body not included |
16 | in paragraph (1), (2) or (3) with discretionary power which |
17 | may affect or influence the outcome of the governmental |
18 | body's action or decision and who is involved in the |
19 | development of regulation or policy relating to a licensed |
20 | entity or who is involved in other matters under this part. |
21 | The term shall include an employee with law enforcement |
22 | authority.] |
23 | "Financial interest." Owning or holding, or being deemed to |
24 | hold, debt or equity securities or other ownership interest or |
25 | profits interest. A financial interest shall not include any |
26 | debt or equity security, or other ownership interest or profits |
27 | interest, which is held or deemed to be held in any of the |
28 | following: |
29 | (1) A blind trust over which the executive-level public |
30 | employee, public official, party officer or immediate family |
|
1 | member thereof may not exercise any managerial control or |
2 | receive income during the tenure of office and the period |
3 | under subsection (a). The provisions of this paragraph shall |
4 | apply only to blind trusts established prior to the effective |
5 | date of this paragraph. |
6 | (2) Securities that are held in a pension plan, profit- |
7 | sharing plan, individual retirement account, tax-sheltered |
8 | annuity, a plan established pursuant to section 457 of the |
9 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
10 | 1 et seq.) or any successor provision deferred compensation |
11 | plan whether qualified or not qualified under the Internal |
12 | Revenue Code of 1986 or any successor provision or other |
13 | retirement plan that: |
14 | (i) is not self-directed by the individual; and |
15 | (ii) is advised by an independent investment adviser |
16 | who has sole authority to make investment decisions with |
17 | respect to contributions made by the individual to these |
18 | plans. |
19 | (3) A tuition account plan organized and operated |
20 | pursuant to section 529 of the Internal Revenue Code of 1986 |
21 | (Public Law 99-514, 26 U.S.C. § 529) that is not self- |
22 | directed by the individual. |
23 | (4) A mutual fund where the interest owned by the mutual |
24 | fund in a licensed entity does not constitute a controlling |
25 | interest as defined in this part. |
26 | "Immediate family." A spouse, minor child or unemancipated |
27 | child. |
28 | ["Law enforcement authority." The power to conduct |
29 | investigations of or to make arrests for criminal offenses.] |
30 | "Party officer." A member of a national committee; a |
|
1 | chairman, vice chairman, secretary, treasurer or counsel of a |
2 | State committee or member of the executive committee of a State |
3 | committee; a county chairman, vice chairman, counsel, secretary |
4 | or treasurer of a county committee in which a licensed facility |
5 | is located; or a city chairman, vice chairman, counsel, |
6 | secretary or treasurer of a city committee of a city in which a |
7 | licensed facility is located. |
8 | "Public official." The term shall include the following: |
9 | (1) The Governor, Lieutenant Governor, a member of the |
10 | Governor's cabinet, Treasurer, Auditor General and Attorney |
11 | General of the Commonwealth. |
12 | (2) A member of the Senate or House of Representatives |
13 | of the Commonwealth. |
14 | (3) An individual elected or appointed to any office of |
15 | a county or municipality that directly receives a |
16 | distribution of revenue under this part. |
17 | (4) An individual elected or appointed to a department, |
18 | agency, board, commission, authority or other governmental |
19 | body not included in paragraph (1), (2) or (3) that directly |
20 | receives a distribution of revenue under this part. |
21 | (5) An individual elected or appointed to a department, |
22 | agency, board, commission, authority, county, municipality or |
23 | other governmental body not included in paragraph (1), (2) or |
24 | (3) with discretionary power which may influence or affect |
25 | the outcome of an action or decision and who is involved in |
26 | the development of regulation or policy relating to a |
27 | licensed entity or who is involved in other matters under |
28 | this part. |
29 | The term does not include a member of a school board or an |
30 | individual who held an uncompensated office with a governmental |
|
1 | body prior to January 1, 2006, and who no longer holds the |
2 | office as of January 1, 2006. The term includes a member of an |
3 | advisory board or commission which makes recommendations |
4 | relating to a licensed facility. |
5 | Section 14. Title 4 is amended by adding a section to read: |
6 | § 1512.1. Additional restrictions. |
7 | (a) Restrictions.--No individual trooper or employee of the |
8 | Pennsylvania State Police or employee of the Office of Attorney |
9 | General or the department whose duties substantially involve |
10 | licensing or enforcement, the development of laws, or the |
11 | development or adoption of regulations or policy related to |
12 | gaming under this part or who has other discretionary authority |
13 | which may affect the outcome of an action, proceeding or |
14 | decision under this part shall do any of the following: |
15 | (1) Accept employment with or be retained by an |
16 | applicant or licensed entity, or an affiliate, intermediary, |
17 | subsidiary or holding company of an applicant or licensed |
18 | entity, for a period of two years after the termination of |
19 | employment. |
20 | (2) Appear before the board in any hearing or proceeding |
21 | or participate in any other activity on behalf of any |
22 | applicant, licensee, permittee or licensed entity, or an |
23 | affiliate, intermediary, subsidiary or holding company of an |
24 | applicant, licensee or licensed entity, for a period of two |
25 | years after termination of employment. Nothing in this |
26 | paragraph shall prevent a current or former trooper or |
27 | employee of the Pennsylvania State Police, the Office of |
28 | Attorney General or the department from appearing before the |
29 | board in any proceeding or hearing as a witness or testifying |
30 | as to any fact or information. |
|
1 | (3) As a condition of employment, an individual subject |
2 | to this subsection shall sign an affidavit that the |
3 | individual will not accept employment with or be retained by |
4 | any applicant or licensed entity, or an affiliate, |
5 | intermediary, subsidiary or holding company of an applicant |
6 | or licensed entity, for a period of two years after the |
7 | termination of employment. |
8 | (b) Employment or retention.--An applicant or licensed |
9 | entity or an affiliate, intermediary, subsidiary or holding |
10 | company of an applicant or licensed entity shall not employ or |
11 | retain an individual who signed an affidavit required by |
12 | subsection (a)(3) until the expiration of the period required in |
13 | subsection (a)(1). An applicant or licensed entity, or an |
14 | affiliate, intermediary, subsidiary or holding company of an |
15 | applicant or licensed entity, that knowingly employs or retains |
16 | an individual in violation of this subsection shall terminate |
17 | the employment of the individual and be subject to a penalty |
18 | under section 1518(c) (relating to prohibited acts; penalties). |
19 | (c) Violation.--If an individual subject to subsection (a) |
20 | refuses or otherwise fails to sign an affidavit, the |
21 | individual's employer shall terminate the employment. |
22 | (d) Code of conduct.--The Pennsylvania State Police, Office |
23 | of Attorney General and department each shall adopt a |
24 | comprehensive code of conduct which shall supplement all other |
25 | requirements under this part and 65 Pa.C.S. Pt. II (relating to |
26 | accountability), as applicable, and shall provide guidelines |
27 | applicable to troopers, employees, independent contractors of |
28 | the agency whose duties substantially involve licensing or |
29 | enforcement, the development of laws, or the development or |
30 | adoption of regulations or policy related to gaming under this |
|
1 | part or who has other discretionary authority which may affect |
2 | the outcome of an action, proceeding or decision under this |
3 | part, and the immediate families of these individuals to enable |
4 | them to avoid any perceived or actual conflict of interest and |
5 | to promote public confidence in the integrity and impartiality |
6 | of gaming enforcement and regulation. At a minimum, the code of |
7 | conduct adopted under this section shall apply the types of |
8 | restrictions applicable to members under section 1202.1(c), |
9 | except that the restrictions under section 1202.1(c)(5) shall |
10 | not apply to an elected Attorney General. |
11 | (e) State Ethics Commission.--The State Ethics Commission |
12 | shall do all of the following: |
13 | (1) Issue a written determination of whether an |
14 | individual is subject to subsection (a) upon the written |
15 | request of the individual or the individual's employer or |
16 | potential employer. A person that relies in good faith on a |
17 | determination made under this paragraph shall not be subject |
18 | to any penalty for an action taken, provided that all |
19 | material facts set forth in the request for the determination |
20 | are correct. |
21 | (2) Publish a list of all positions within the |
22 | Pennsylvania State Police, the Office of Attorney General and |
23 | the department whose duties would subject the individuals in |
24 | those positions to the provisions of subsection (a). Each |
25 | agency subject to this subsection shall assist the State |
26 | Ethics Commission in the development of the list, which shall |
27 | be published by the State Ethics Commission in the |
28 | Pennsylvania Bulletin biennially, shall be posted by the |
29 | board on the board's Internet website and shall be posted by |
30 | each agency on the agency's Internet website. Upon request by |
|
1 | the State Ethics Commission, members and employees of each |
2 | agency subject to this subsection shall have a duty to |
3 | provide the State Ethics Commission with adequate information |
4 | to accurately develop and maintain the list. The State Ethics |
5 | Commission may impose a civil penalty under 65 Pa.C.S. § |
6 | 1109(f) (relating to penalties) upon any individual who fails |
7 | to cooperate with the State Ethics Commission under this |
8 | subsection. A person who relies in good faith on the list |
9 | published by the State Ethics Commission shall not be subject |
10 | to any penalty for a violation of subsection (a). |
11 | Section 14.1. Sections 1513(c) and 1514 heading, (b), (f), |
12 | (g) and (h) of Title 4 are amended to read: |
13 | § 1513. Political influence. |
14 | * * * |
15 | (c) Penalties.-- |
16 | (1) The first violation of this section by a licensed |
17 | gaming entity or any person that holds a controlling interest |
18 | in such gaming entity, or a subsidiary company thereof, [and] |
19 | or any officer, director or management-level employee of such |
20 | licensee shall be punishable by a fine [of] equal to an |
21 | amount not less than [an] the average single day's gross |
22 | terminal revenue and gross table game revenue of the licensed |
23 | gaming entity [derived from the operation of slot machines in |
24 | this Commonwealth]; a second violation of this section, |
25 | within five years of the first violation, shall be punishable |
26 | by at least a one-day suspension of the license held by the |
27 | licensed gaming entity and a fine equal to an amount not less |
28 | than [an] two times the average [two days'] single day's |
29 | gross terminal revenue and gross table game revenue of the |
30 | licensed gaming entity; a third violation of this section |
|
1 | within five years of the second violation shall be punishable |
2 | by the immediate revocation of the license held by the |
3 | licensed gaming entity. Following revocation, the board shall |
4 | consider appointing a trustee in accordance with section 1332 |
5 | (relating to appointment of trustee). |
6 | (2) The first violation of this section by a |
7 | manufacturer or supplier licensed pursuant to this part or by |
8 | any person that holds a controlling interest in such |
9 | manufacturer or supplier, or a subsidiary company thereof, |
10 | [and] or any officer, director or management-level employee |
11 | of such a licensee shall be punishable by a fine [of] equal |
12 | to an amount not less than [one] a single day's average of |
13 | the gross profit from sales made by the manufacturer or |
14 | supplier in Pennsylvania during the preceding 12-month period |
15 | or portion thereof in the event the manufacturer or supplier |
16 | has not operated in Pennsylvania for 12 months; a [second] |
17 | subsequent violation of this section within five years of |
18 | [the first] a prior violation shall be punishable by a one- |
19 | month suspension of the license held by the manufacturer or |
20 | supplier and a fine [of] equal to an amount not less than two |
21 | times [one] a single day's average of the gross profit from |
22 | sales made by the manufacturer or supplier in Pennsylvania |
23 | during the preceding 12-month period or portion thereof in |
24 | the event the manufacturer or supplier has not operated in |
25 | Pennsylvania for 12 months. |
26 | (3) In no event shall the fine imposed under this |
27 | section be [in] an amount less than [$50,000] $100,000 for |
28 | each violation. In addition to any fine or sanction that may |
29 | be imposed by the board under this subsection, any [person] |
30 | individual who makes a contribution in violation of this |
|
1 | section commits a misdemeanor of the third degree. |
2 | * * * |
3 | § 1514. Regulation requiring exclusion or ejection of certain |
4 | persons. |
5 | * * * |
6 | (b) Categories to be defined.--The board shall promulgate |
7 | definitions establishing those categories of persons who shall |
8 | be excluded or ejected pursuant to this section, including |
9 | cheats and persons whose privileges for licensure, |
10 | certification, permit or registration have been revoked. |
11 | * * * |
12 | (f) Notice.--Whenever the [board places] bureau seeks to |
13 | place the name of any person on a list pursuant to this section, |
14 | the [board] bureau shall serve notice of this fact to such |
15 | person by personal service or certified mail at the last known |
16 | address of the person. The notice shall inform the individual of |
17 | the right to request a hearing under subsection (g). |
18 | (g) Hearing.--Within 30 days after receipt of notice in |
19 | accordance with subsection (f), the person named for exclusion |
20 | or ejection may demand a hearing before the board, at which |
21 | hearing the [board] bureau shall have the affirmative obligation |
22 | to demonstrate that the person named for exclusion or ejection |
23 | satisfies the criteria for exclusion or ejection established by |
24 | this section and the board's regulations. Failure of the person |
25 | to demand a hearing within 30 days after service shall be deemed |
26 | an admission of all matters and facts alleged in the [board's] |
27 | bureau's notice and shall preclude [a] the person from having an |
28 | administrative hearing, but shall in no way affect the right to |
29 | judicial review as provided in this section. |
30 | (h) Review.--If, upon completion of a hearing on the notice |
|
1 | of exclusion or ejection, the board determines that placement of |
2 | the name of the person on the exclusion or ejection list is |
3 | appropriate, the board shall make and enter an order to that |
4 | effect, which order shall be served on all [slot machine |
5 | licensees] licensed gaming entities. The order shall be subject |
6 | to review by the Commonwealth Court in accordance with the rules |
7 | of court. |
8 | Section 14.2. Title 4 is amended by adding a section to |
9 | read: |
10 | § 1516.1. Prosecutorial and adjudicatory functions. |
11 | The board shall promulgate regulations and adopt procedures |
12 | necessary to ensure that the bureau is a distinct entity and to |
13 | prevent commingling of the investigatory and prosecutorial |
14 | functions of the bureau under section 1517 (relating to |
15 | investigations and enforcement) and the adjudicatory functions |
16 | of the board. Regulations and procedures promulgated or adopted |
17 | under this section shall do all of the following: |
18 | (1) Provide that neither the executive director nor the |
19 | chief counsel of the board shall direct or limit the scope of |
20 | a background investigation conducted by the bureau. |
21 | (2) Incorporate section 1202.1(c.1) (relating to code of |
22 | conduct) and any other applicable provisions of section |
23 | 1202.1. |
24 | Section 15. Section 1517(a.1)(2) and (6), (b)(1), (c)(12) |
25 | and (e)(1) of Title 4 are amended, subsection (a.2)(1) is |
26 | amended by adding a subparagraph and subsection (c) is amended |
27 | by adding paragraphs to read: |
28 | § 1517. Investigations and enforcement. |
29 | * * * |
30 | (a.1) Powers and duties of bureau.--The Bureau of |
|
1 | Investigations and Enforcement shall have the following powers |
2 | and duties: |
3 | * * * |
4 | (2) Investigate and review all applicants for a license, |
5 | permit or registration. The bureau shall be prohibited from |
6 | disclosing any portion of a background investigation report |
7 | to any board member prior to the submission of the bureau's |
8 | final background investigation report relating to the |
9 | applicant's suitability for licensure to the board. The |
10 | Office of Enforcement Counsel, on behalf of the bureau, shall |
11 | prepare the final background investigation report for |
12 | inclusion in a final report relating to the applicant's |
13 | suitability for licensure. |
14 | * * * |
15 | (6) Conduct [audits] reviews of a licensed entity as |
16 | necessary to ensure compliance with this part. [An audit] A |
17 | review may include the review of accounting, administrative |
18 | and financial records, management control systems, procedures |
19 | and other records utilized by a licensed entity. |
20 | * * * |
21 | (a.2) Office of Enforcement Counsel.-- |
22 | (1) There is established within the bureau an Office of |
23 | Enforcement Counsel which shall act as the prosecutor in all |
24 | noncriminal enforcement actions initiated by the bureau under |
25 | this part and shall have the following powers and duties: |
26 | * * * |
27 | (iv) Petition the board for the appointment of a |
28 | trustee under section 1332 (relating to appointment of |
29 | trustee). |
30 | * * * |
|
1 | (b) Powers and duties of department.-- |
2 | (1) The department shall at all times have the power of |
3 | access to [examination] examine and audit [of any] equipment |
4 | and records relating to all aspects of the operation of slot |
5 | machines or table games under this part. |
6 | * * * |
7 | (c) Powers and duties of the Pennsylvania State Police.--The |
8 | Pennsylvania State Police shall have the following powers and |
9 | duties: |
10 | * * * |
11 | (1.1) Promptly conduct a background investigation on an |
12 | individual selected by the board to fill the position of |
13 | executive director of the board, director of the bureau, |
14 | chief counsel of the board or the director of the Office of |
15 | Enforcement Counsel and submit the results to the board. |
16 | * * * |
17 | (12) Conduct audits or verification of information of |
18 | slot machine or table game operations at such times, under |
19 | such circumstances and to such extent as the bureau |
20 | determines. This paragraph includes reviews of accounting, |
21 | administrative and financial records and management control |
22 | systems, procedures and records utilized by a slot machine |
23 | licensee. |
24 | * * * |
25 | (14) By March 1 of each year, the Commissioner of the |
26 | Pennsylvania State Police shall submit a report to the |
27 | Appropriations Committee of the Senate, the Community, |
28 | Economic and Recreational Development Committee of the |
29 | Senate, the Appropriations Committee of the House of |
30 | Representatives and the Gaming Oversight Committee of the |
|
1 | House of Representatives. The report shall summarize all law |
2 | enforcement activities at each licensed facility during the |
3 | previous calendar year and shall include all of the |
4 | following: |
5 | (i) The number of arrests made and citations issued |
6 | at each licensed facility and the name of the law |
7 | enforcement agency making the arrest or issuing the |
8 | citation. |
9 | (ii) A list of specific offenses charged for each |
10 | arrest made or citation issued. |
11 | (iii) The number of criminal prosecutions resulting |
12 | from arrests made or citations issued. |
13 | (iv) The number of convictions resulting from |
14 | prosecutions reported under subparagraph (iii). |
15 | (v) The number of Pennsylvania State Police troopers |
16 | assigned to each licensed facility and to the gaming unit |
17 | at the Pennsylvania State Police headquarters. |
18 | (vi) The number and the subject matter of complaints |
19 | made against Pennsylvania State Police troopers in |
20 | licensed facilities and the type of disciplinary actions |
21 | taken by the Pennsylvania State Police, if any, against |
22 | the Pennsylvania State Police troopers. |
23 | (vii) The closest local police station, Pennsylvania |
24 | State Police station and regional Pennsylvania State |
25 | Police headquarters to each licensed facility. |
26 | * * * |
27 | (e) Inspection, seizure and warrants.-- |
28 | (1) The bureau, the department and the Pennsylvania |
29 | State Police shall have the authority without notice and |
30 | without warrant to do all of the following in the performance |
|
1 | of their duties: |
2 | (i) Inspect and examine all premises where slot |
3 | machine or table game operations are conducted, [gaming |
4 | devices or] slot machines, table game devices and |
5 | associated equipment are manufactured, sold, distributed |
6 | or serviced or where records of these activities are |
7 | prepared or maintained. |
8 | (ii) Inspect all equipment and supplies in, about, |
9 | upon or around premises referred to in subparagraph (i). |
10 | (iii) Seize, summarily remove and impound equipment |
11 | and supplies from premises referred to in subparagraph |
12 | (i) for the purposes of examination and inspection. |
13 | (iv) Inspect, examine and audit all books, records |
14 | and documents pertaining to a slot machine licensee's |
15 | operation. |
16 | (v) Seize, impound or assume physical control of any |
17 | book, record, ledger, game, device, cash box and its |
18 | contents, [counting] count room or its equipment or slot |
19 | machine or table game operations. |
20 | * * * |
21 | Section 16. Section 1517.2 of Title 4 is amended to read: |
22 | § 1517.2. Conduct of [public officials and] board employees. |
23 | (a) [Ex parte discussion prohibited.--An attorney |
24 | representing the bureau or the Office of Enforcement Counsel, or |
25 | an employee of the bureau or office involved in the hearing |
26 | process, shall not discuss the case ex parte with a hearing |
27 | officer, chief counsel or member] (Reserved). |
28 | (b) [Other prohibitions.--A hearing officer, the chief |
29 | counsel or a member shall not discuss or exercise any |
30 | supervisory responsibility over any employee with respect to an |
|
1 | enforcement hearing with which the employee is involved] |
2 | (Reserved). |
3 | (c) Disqualification.--If it becomes necessary for the chief |
4 | counsel or a member to become involved on behalf of the board in |
5 | any enforcement proceeding, the chief counsel or the member |
6 | shall be prohibited from participating in the adjudication of |
7 | that matter and shall designate appropriate individuals to |
8 | exercise adjudicatory functions. |
9 | Section 16.1. Section 1518(a)(2), (3), (4), (5), (7), (8), |
10 | (11) and (13), (b)(1) and (2) and (c)(1)(v) and (3) of Title 4 |
11 | are amended, subsections (a) and (b) are amended by adding |
12 | paragraphs and the section is amended by adding subsections to |
13 | read: |
14 | § 1518. Prohibited acts; penalties. |
15 | (a) Criminal offenses.-- |
16 | * * * |
17 | (2) It shall be unlawful for a person to willfully: |
18 | (i) fail to report, pay or truthfully account for |
19 | and pay over any license fee, authorization fee, tax or |
20 | assessment imposed under this part; or |
21 | (ii) attempt in any manner to evade or defeat any |
22 | license fee, authorization fee, tax or assessment imposed |
23 | under this part. |
24 | (3) It shall be unlawful for any licensed entity, gaming |
25 | employee, key employee or any other person to permit a slot |
26 | machine, table game or table game device to be operated, |
27 | transported, repaired or opened on the premises of a licensed |
28 | facility by a person other than a person licensed or |
29 | permitted by the board pursuant to this part. |
30 | (4) It shall be unlawful for any licensed entity or |
|
1 | other person to manufacture, supply or place slot machines, |
2 | table games, table game devices or associated equipment into |
3 | play or display slot machines, table games, table game |
4 | devices or associated equipment on the [premise] premises of |
5 | a licensed facility without the authority of the board. |
6 | (5) Except as provided for in section 1326 (relating to |
7 | license renewals), it shall be unlawful for a licensed entity |
8 | or other person to manufacture, supply, operate, carry on or |
9 | expose for play any slot machine, table game, table game |
10 | device or associated equipment after the person's license has |
11 | expired and prior to the actual renewal of the license. |
12 | * * * |
13 | (7) (i) Except as set forth in subparagraph (ii), it |
14 | shall be unlawful for an individual to use or possess a |
15 | cheating or thieving device, counterfeit or altered |
16 | billet, ticket, token or similar objects accepted by a |
17 | slot machine or counterfeit or altered slot machine- |
18 | issued tickets or vouchers at a licensed facility. |
19 | (ii) An authorized employee of a licensee or an |
20 | employee of the board may possess and use a cheating or |
21 | thieving device, counterfeit or altered billet, ticket, |
22 | token or similar objects accepted by a slot machine or |
23 | counterfeit or altered slot machine-issued tickets or |
24 | vouchers in performance of the duties of employment. |
25 | [(iii) As used in this paragraph, the term "cheating |
26 | or thieving device" includes, but is not limited to, a |
27 | device to facilitate the alignment of any winning |
28 | combination or to remove from any slot machine money or |
29 | other contents. The term includes, but is not limited to, |
30 | a tool, drill, wire, coin or token attached to a string |
|
1 | or wire and any electronic or magnetic device.] |
2 | (7.1) It shall be unlawful for an individual to do any |
3 | of the following: |
4 | (i) Use or possess counterfeit, marked, loaded or |
5 | tampered with table game devices or associated equipment, |
6 | chips or other cheating devices in the conduct of gaming |
7 | under this part, except that an authorized employee of a |
8 | licensee or an authorized employee of the board may |
9 | possess and use counterfeit chips or table game devices |
10 | or associated equipment that have been marked, loaded or |
11 | tampered with, or other cheating devices in performance |
12 | of the duties of employment for training, investigative |
13 | or testing purposes only. |
14 | (ii) Knowingly, by a trick or sleight of hand |
15 | performance or by fraud or fraudulent scheme, table game |
16 | device or other device, for himself or for another, win |
17 | or attempt to win any cash, property or prize at a |
18 | licensed facility or to reduce or attempt to reduce a |
19 | losing wager. |
20 | (8) (i) Except as set forth in subparagraph (ii), it |
21 | shall be unlawful for an individual to knowingly possess |
22 | or use while on the premises of a licensed facility a key |
23 | or device designed for the purpose of and suitable for |
24 | opening or entering any slot machine, drop box or coin |
25 | box which is located on the premises of the licensed |
26 | facility. |
27 | (ii) An authorized employee of a licensee or a |
28 | member of the board may possess and use a device referred |
29 | to in subparagraph (i) in the performance of the duties |
30 | of employment. |
|
1 | * * * |
2 | (11) It shall be unlawful for a licensed gaming entity |
3 | that is a licensed racing entity and that has lost the |
4 | license issued to it by either the State Horse Racing |
5 | Commission or the State Harness Racing Commission under the |
6 | Race Horse Industry Reform Act or that has had that license |
7 | suspended to operate slot machines or table games at the |
8 | racetrack for which its slot machine license was issued |
9 | unless the license issued to it by either the State Horse |
10 | Racing Commission or the State Harness Racing Commission will |
11 | be subsequently reissued or reinstated within 30 days after |
12 | the loss or suspension. |
13 | * * * |
14 | (13) It shall be unlawful for [any person] an individual |
15 | under [18] 21 years of age to [be permitted in the] enter and |
16 | remain in any area of a licensed facility where slot machines |
17 | are operated or the play of table games is conducted, except |
18 | that an individual 18 years of age or older employed by a |
19 | slot machine licensee may enter and remain in any such area |
20 | while in the performance of the individual's employment |
21 | duties being performed on behalf of the slot machine |
22 | licensee. |
23 | (13.1) It shall be unlawful for an individual under 21 |
24 | years of age to wager, play or attempt to play a slot machine |
25 | or table game at a licensed facility. |
26 | (14) (Reserved). |
27 | (15) It shall be unlawful for a licensed gaming entity |
28 | to require a wager to be greater than the stated minimum |
29 | wager or less than the stated maximum wager. However, a wager |
30 | made by a player and not rejected by a licensed gaming entity |
|
1 | prior to commencement of play shall be treated as a valid |
2 | wager. A wager accepted by a dealer shall be paid or lost in |
3 | its entirety in accordance with the rules of the game, |
4 | notwithstanding that the wager exceeded the current table |
5 | maximum wager or was lower than the current table minimum |
6 | wager. |
7 | (16) An individual that engages in conduct prohibited by |
8 | 18 Pa.C.S. § 6308 (relating to purchase, consumption, |
9 | possession or transfer of liquor or malt or brewed beverages) |
10 | in a licensed facility commits a nongambling offense. |
11 | (17) It shall be unlawful for an individual to claim, |
12 | collect or take, or attempt to claim, collect or take, money |
13 | or anything of value in or from a slot machine, gaming table |
14 | or other table game device, with the intent to defraud, or to |
15 | claim, collect or take an amount greater than the amount won, |
16 | or to manipulate with the intent to cheat, any component of |
17 | any slot machine, table game or table game device in a manner |
18 | contrary to the designed and normal operational purpose. |
19 | (b) Criminal penalties and fines.-- |
20 | (1) (i) A person that commits a first offense in |
21 | violation of 18 Pa.C.S. § 4902, 4903 or 4904 in |
22 | connection with providing information or making any |
23 | statement, whether written or oral, to the board, the |
24 | bureau, the department, the Pennsylvania State Police, |
25 | the Office of Attorney General or a district attorney as |
26 | required by this part commits an offense to be graded in |
27 | accordance with the applicable section violated. A person |
28 | that is convicted of a second or subsequent violation of |
29 | 18 Pa.C.S. § 4902, 4903 or 4904 in connection with |
30 | providing information or making any statement, whether |
|
1 | written or oral, to the board, the bureau, the |
2 | department, the Pennsylvania State Police, the Office of |
3 | Attorney General or a district attorney as required by |
4 | this part commits a felony of the second degree. |
5 | (ii) A person that violates subsection (a)(2) |
6 | through (12) or (17) commits a misdemeanor of the first |
7 | degree. A person that is convicted of a second or |
8 | subsequent violation of subsection (a)(2) through (12) or |
9 | (17) commits a felony of the second degree. |
10 | (2) (i) For a first violation of subsection (a)(1) |
11 | through (12) or (17), a person shall be sentenced to pay |
12 | a fine of: |
13 | (A) not less than $75,000 nor more than $150,000 |
14 | if the person is an individual; |
15 | (B) not less than $300,000 nor more than |
16 | $600,000 if the person is a licensed gaming entity; |
17 | or |
18 | (C) not less than $150,000 nor more than |
19 | $300,000 if the person is a licensed manufacturer or |
20 | supplier. |
21 | (ii) For a second or subsequent violation of |
22 | subsection (a)(1) through (12) or (17), a person shall be |
23 | sentenced to pay a fine of: |
24 | (A) not less than $150,000 nor more than |
25 | $300,000 if the person is an individual; |
26 | (B) not less than $600,000 nor more than |
27 | $1,200,000 if the person is a licensed gaming entity; |
28 | or |
29 | (C) not less than $300,000 nor more than |
30 | $600,000 if the person is a licensed manufacturer or |
|
1 | supplier. |
2 | (3) An individual who commits an offense in violation of |
3 | subsection (a)(13) or (13.1) commits a nongambling summary |
4 | offense and upon conviction of a first offense shall be |
5 | sentenced to pay a fine of not less than $200 nor more than |
6 | $1,000. An individual that is convicted of a second or |
7 | subsequent offense under subsection (a)(13) or (13.1) shall |
8 | be sentenced to pay a fine of not less than $500 nor more |
9 | than $1,500. In addition to the fine imposed, an individual |
10 | convicted of an offense under subsection (a)(13) or (13.1) |
11 | may be sentenced to perform a period of community service not |
12 | to exceed 40 hours. |
13 | (4) An individual that commits an offense in violation |
14 | of subsection (a)(16) commits a nongambling offense to be |
15 | graded in accordance with 18 Pa.C.S. § 6308 and shall be |
16 | subject to the same penalties imposed pursuant to 18 Pa.C.S. |
17 | § 6308 and 6310.4 (relating to restriction of operating |
18 | privileges) except that the fine imposed for a violation of |
19 | subsection (a)(16) shall be not less than $350 nor more than |
20 | $1,000. |
21 | (c) Board-imposed administrative sanctions.-- |
22 | (1) In addition to any other penalty authorized by law, |
23 | the board may impose without limitation the following |
24 | sanctions upon any licensee or permittee: |
25 | * * * |
26 | (v) Suspend the license of any licensed gaming |
27 | entity for violation of or attempting to violate any |
28 | provisions of this part or regulations promulgated under |
29 | this part relating to its slot machine or table game |
30 | operations. |
|
1 | * * * |
2 | (3) In addition to any other fines or penalties that the |
3 | board may impose under this part or regulation, if a person |
4 | violates subsection (a)(2), the board shall impose an |
5 | administrative penalty of three times the amount of the |
6 | license fee, authorization fee, tax or other assessment |
7 | evaded and not paid, collected or paid over. This subsection |
8 | is subject to 2 Pa.C.S. Chs. 5 Subch. A and 7 Subch. A. |
9 | (d) Aiding and abetting.--A person who aids, abets, |
10 | counsels, commands, induces, procures or causes another person |
11 | to violate a provision of this part shall be subject to all |
12 | sanctions and penalties, both civil and criminal, provided under |
13 | this part. |
14 | (e) Continuing offenses.--A violation of this part that is |
15 | determined to be an offense of a continuing nature shall be |
16 | deemed to be a separate offense on each event or day during |
17 | which the violation occurs. Nothing in this section shall be |
18 | construed to preclude the commission of multiple violations of |
19 | the provisions of this part in any one day that establish |
20 | offenses consisting of separate and distinct acts or violations |
21 | of the provisions of this part or regulations promulgated under |
22 | this part. |
23 | (f) Property subject to seizure, confiscation, destruction |
24 | or forfeiture.--Any equipment, device or apparatus, money, |
25 | material, gaming proceeds or substituted proceeds or real or |
26 | personal property used, obtained or received or any attempt to |
27 | use, obtain or receive the device, apparatus, money, material, |
28 | proceeds or real or personal property in violation of this part, |
29 | shall be subject to seizure, confiscation, destruction or |
30 | forfeiture. |
|
1 | Section 17. Title 4 is amended by adding sections to read: |
2 | § 1518.1. Report of suspicious transactions. |
3 | (a) Duty.--A slot machine licensee or a person acting on |
4 | behalf of a slot machine licensee shall file a report of any |
5 | suspicious transaction with the bureau. The filing with the |
6 | bureau of a copy of a report made under 31 CFR 103.21 (relating |
7 | to reports by casinos of suspicious transactions) shall satisfy |
8 | this requirement. |
9 | (b) Failure to report.-- |
10 | (1) A person required under this section to file a |
11 | report of a suspicious transaction who knowingly fails to |
12 | file a report of a suspicious transaction or who knowingly |
13 | causes another person having that responsibility to fail to |
14 | file a report commits a misdemeanor of the third degree. |
15 | (2) A person required under this section to file a |
16 | report of a suspicious transaction who fails to file a report |
17 | or a person who causes another person required under this |
18 | section to file a report of a suspicious transaction to fail |
19 | to file a report shall be strictly liable for his actions and |
20 | may be subject to sanction under section 1518(c) (relating to |
21 | prohibited acts; penalties). |
22 | (c) Bureau.--The bureau shall maintain a record of all |
23 | reports made under this section for a period of five years. The |
24 | bureau shall make the reports available to any Federal or State |
25 | law enforcement agency upon written request and without |
26 | necessity of subpoena. |
27 | (d) Notice prohibited.--A person who is required to file a |
28 | report of a suspicious transaction under this section shall not |
29 | notify any individual suspected of committing the suspicious |
30 | transaction that the transaction has been reported. Any person |
|
1 | that violates this subsection commits a misdemeanor of the third |
2 | degree and may be subject to sanction under section 1518(c). |
3 | (e) Immunity.--A person who is required to file a report of |
4 | a suspicious transaction under this section who in good faith |
5 | makes the report shall not be liable in any civil action brought |
6 | by any person for making the report, regardless of whether the |
7 | transaction is later determined to be suspicious. |
8 | (f) Sanctions.-- |
9 | (1) In considering appropriate administrative sanctions |
10 | against any person for a violation of this section, the board |
11 | shall consider all of the following: |
12 | (i) The risk to the public and to the integrity of |
13 | gaming operations created by the conduct of the person. |
14 | (ii) The seriousness of the conduct of the person |
15 | and whether the conduct was purposeful and with knowledge |
16 | that it was in contravention of the provisions of this |
17 | part or regulations promulgated under this part. |
18 | (iii) Any justification or excuse for the conduct by |
19 | the person. |
20 | (iv) The prior history of the particular licensee or |
21 | person involved with respect to gaming activity. |
22 | (v) The corrective action taken by the slot machine |
23 | licensee to prevent future misconduct of a like nature |
24 | from occurring. |
25 | (vi) In the case of a monetary penalty, the amount |
26 | of the penalty in relation to the severity of the |
27 | misconduct and the financial means of the licensee or |
28 | person. The board may impose any schedule or terms of |
29 | payment of such penalty as it may deem appropriate. |
30 | (2) It shall be no defense to disciplinary action before |
|
1 | the board that a person inadvertently, unintentionally or |
2 | unknowingly violated a provision of this section. The factors |
3 | under paragraph (1) shall only go to the degree of the |
4 | penalty to be imposed by the board and not to a finding of a |
5 | violation itself. |
6 | (g) Regulations.--The board shall promulgate regulations to |
7 | effectuate the purposes of this section. |
8 | § 1518.2. Additional authority. |
9 | (a) General rule.--The director of the Office of Enforcement |
10 | Counsel within the bureau may petition a court of record having |
11 | jurisdiction over information in the possession of an agency in |
12 | this Commonwealth, or if there is no such court, then the |
13 | Commonwealth Court for authorization to review or obtain |
14 | information in the possession of an agency in this Commonwealth |
15 | by averring specific facts demonstrating that the agency has in |
16 | its possession information material to a pending investigation |
17 | or inquiry being conducted by the bureau pursuant to this part |
18 | and that disclosure or release is in the best interest of the |
19 | Commonwealth. The petition shall request that the court enter a |
20 | rule upon the agency to show cause why the agency should not be |
21 | directed to disclose to the bureau, or identified agents |
22 | thereof, information in its possession about any pending matter |
23 | under the jurisdiction of the bureau pursuant to this part. If a |
24 | respondent is a local agency, a copy of any rule issued pursuant |
25 | to this section shall be provided to the district attorney of |
26 | the county in which the local agency is located and the Office |
27 | of Attorney General. Upon request of a local agency, the |
28 | district attorney or the Attorney General may elect to enter an |
29 | appearance to represent the local agency in the proceedings. |
30 | (b) Procedure.--The filing of a petition pursuant to this |
|
1 | section and related proceedings shall be in accordance with |
2 | court rule, including issuance as of course. A party shall not |
3 | disclose the filing of a petition or answer or the receipt, |
4 | content or disposition of a rule or order issued pursuant to |
5 | this section without leave of court. Any party to the |
6 | proceedings may request that the record be sealed and |
7 | proceedings be closed. The court shall grant the request if it |
8 | is in the best interest of any person or the Commonwealth to do |
9 | so. |
10 | (c) Court determination.--Following review of the record, |
11 | the court shall grant the relief sought by the director of the |
12 | Office of Enforcement Counsel if the court determines that the |
13 | agency has in its possession information material to the |
14 | investigation or inquiry and that disclosure or release of the |
15 | information is in the best interest of the Commonwealth, that |
16 | the disclosure or release of the information is not otherwise |
17 | prohibited by statute or regulation and that the disclosure or |
18 | release of the information would not inhibit an agency in the |
19 | performance of the agency's duties. If the court so determines, |
20 | the court shall enter an order authorizing and directing the |
21 | information be made available for review in camera. |
22 | (d) Release of materials or information.--If, after an in |
23 | camera review by the court, the director of the Office of |
24 | Enforcement Counsel seeks to obtain copies of materials in the |
25 | agency's possession, the court may, if not otherwise prohibited |
26 | by statute or regulation, enter an order that the requested |
27 | materials be provided. Any order authorizing the release of |
28 | materials or other information shall contain direction regarding |
29 | the safekeeping and use of the materials or other information |
30 | sufficient to satisfy the court that the materials or |
|
1 | information will be sufficiently safeguarded. In making this |
2 | determination the court shall consider the input of the agency |
3 | in possession of the information and any input from any agency |
4 | with which the information originated concerning any pending |
5 | investigation or ongoing matter and the safety of person and |
6 | property. |
7 | (e) Modification of order.--If subsequent investigation or |
8 | inquiry by the bureau warrants modification of any order entered |
9 | pursuant to this section, the director of the Office of |
10 | Enforcement Counsel may petition to request the modification. |
11 | Upon such request, the court may modify its orders at any time |
12 | and in any manner it deems necessary and appropriate. The agency |
13 | named in the original petition shall be given notice and an |
14 | opportunity to be heard. |
15 | (f) Use of information or materials.--Any person who, by any |
16 | means authorized by this section, has obtained knowledge of |
17 | information or materials solely pursuant to this section may use |
18 | such information or materials in a manner consistent with any |
19 | directions imposed by the court and appropriate to the proper |
20 | performance of the person's official duties under this part. |
21 | (g) Violation.--In addition to any remedies and penalties |
22 | provided in this part, any violation of the provisions of this |
23 | section may be punished as contempt of the court. |
24 | (h) Definition.--As used in this section the term "agency" |
25 | shall mean a "Commonwealth agency" or a "local agency" as those |
26 | terms are defined in section 102 of the act of February 14, 2008 |
27 | (P.L.6, No.3), known as the Right-to-Know Law. |
28 | § 1518.3. Applicability of Clean Indoor Air Act. |
29 | Notwithstanding section 11(b) of the act of June 13, 2008 |
30 | (P.L.182, No.27), known as the Clean Indoor Air Act, the |
|
1 | provisions of section 3(b)(11) of the Clean Indoor Air Act shall |
2 | apply to all licensed facilities. |
3 | Section 17.1. Section 1521 of Title 4 is amended by adding a |
4 | subsection to read: |
5 | § 1521. Liquor licenses at licensed facilities. |
6 | * * * |
7 | (b.1) Liquor Code sanctions.--Notwithstanding any other |
8 | provision of law, a person holding a slot machine license that |
9 | also holds a license issued by the Pennsylvania Liquor Control |
10 | Board shall not be subject to the provisions of section 471(c) |
11 | of the Liquor Code. In addition, if a fine is imposed under |
12 | section 471(b) of the Liquor Code, it shall be for not less than |
13 | $250 nor more than $25,000. The prior citation history of the |
14 | slot machine licensee shall be considered in determining the |
15 | amount of the fine. |
16 | * * * |
17 | Section 18. Section 1522 of Title 4 is amended to read: |
18 | § 1522. Interception of oral communications. |
19 | The interception and recording of oral communications made in |
20 | a [counting] count room of a licensed facility by a licensee |
21 | shall not be subject to the provisions of 18 Pa.C.S. Ch. 57 |
22 | (relating to wiretapping and electronic surveillance). Notice |
23 | that oral communications are being intercepted and recorded |
24 | shall be posted conspicuously in the [counting] count room. |
25 | Section 18.1. Title 4 is amended by adding a section to |
26 | read: |
27 | § 1523. Electronic funds transfer terminals. |
28 | (a) Prohibition.--A slot machine licensee may not install, |
29 | own or operate or allow another person to install, own or |
30 | operate on the premises of the licensed facility a slot machine |
|
1 | or table game that is played with a device that allows a player |
2 | to operate the slot machine or table game by transferring funds |
3 | electronically from a debit card, credit card or by means of an |
4 | electronic funds transfer terminal. |
5 | (b) Definitions.--As used in this section, the following |
6 | words and phrases shall have the meanings given to them in this |
7 | subsection unless the context clearly indicates otherwise: |
8 | "Electronic funds transfer terminal." An information- |
9 | processing device or an automatic teller machine used for |
10 | executing deposit account transactions between financial |
11 | institutions and their account holders by either the direct |
12 | transmission of electronic impulses or the recording of |
13 | electronic impulses for delayed processing. The fact that a |
14 | device is used for other purposes shall not prevent it from |
15 | being considered an electronic funds transfer terminal under |
16 | this definition. |
17 | Section 18.2. Title 4 is amended by adding chapters to read: |
18 | Chapter 16 |
19 | JUNKETS |
20 | Sec. |
21 | 1601. Gaming junkets authorized. |
22 | 1602. Gaming junket enterprise license. |
23 | 1603. Classification system. |
24 | 1604. Gaming junket representatives. |
25 | 1605. Junket agreements. |
26 | 1606. Conduct of junket. |
27 | 1607. Violation of terms. |
28 | 1608. Records. |
29 | 1609. Report. |
30 | 1610. Gaming junket arrangement. |
|
1 | 1611. Prohibitions. |
2 | § 1601. Gaming junkets authorized. |
3 | The board may authorize the organization and conduct of |
4 | gaming junkets subject to the provisions of this chapter. No |
5 | gaming junket shall be organized or permitted to operate in this |
6 | Commonwealth and no person shall act as a gaming junket |
7 | representative or gaming junket enterprise except in accordance |
8 | with this chapter. The board shall establish a reasonable |
9 | application and authorization fee for any license, permit or |
10 | other authorization issued under this chapter. |
11 | § 1602. Gaming junket enterprise license. |
12 | (a) Gaming junket enterprise license required.--All gaming |
13 | junket enterprises shall obtain a license from the board prior |
14 | to acting as a gaming junket enterprise in this Commonwealth. |
15 | (b) Application.-–A gaming junket enterprise license |
16 | application shall be in a form prescribed by the board and shall |
17 | include the following: |
18 | (1) The name, address and photograph of the applicant |
19 | and all owners, directors, managers and supervisory employees |
20 | of a gaming junket enterprise. |
21 | (2) The details of a gaming junket enterprise license or |
22 | similar license applied for or granted or denied to the |
23 | applicant by another jurisdiction. |
24 | (3) Consent for the bureau to conduct a background |
25 | investigation, the scope of which shall be determined by the |
26 | board. |
27 | (4) All releases necessary for the bureau and the board |
28 | to acquire licensing documents and other information |
29 | necessary to conduct a background investigation or otherwise |
30 | evaluate the application. |
|
1 | (5) A list of all civil judgments obtained against the |
2 | applicant pertaining to any gaming junket enterprise with |
3 | which the applicant has been associated. |
4 | (6) A description of the operation and organization of |
5 | the gaming junket enterprise. |
6 | (7) Any additional information required by the board. |
7 | (c) Enforcement information.-–If the applicant has held a |
8 | gaming junket license or other gaming license in another |
9 | jurisdiction, the applicant may submit a letter of reference |
10 | from the gaming enforcement agency in the other jurisdiction. |
11 | The letter shall specify the experiences of the agency with the |
12 | applicant, the applicant's associates and the applicant's gaming |
13 | junket enterprise or gaming activity. If no letter is received |
14 | within 30 days following the applicant's request, the applicant |
15 | may submit a statement under oath, subject to the penalty for |
16 | false swearing under 18 Pa.C.S. § 4903 (relating to false |
17 | swearing), that the applicant is in good standing with the |
18 | gaming enforcement agency in the other jurisdiction. |
19 | (d) Issuance.-–Following review of the application, |
20 | completion of the background investigation and payment of the |
21 | license fee established by the board under section 1601(a) |
22 | (relating to gaming junkets authorized), the board may issue a |
23 | gaming junket enterprise license to the applicant if the |
24 | applicant has proven by clear and convincing evidence that the |
25 | applicant is a person of good character, honesty and integrity |
26 | and that the applicant's activities, criminal record, |
27 | reputation, habits and associations do not pose a threat to the |
28 | public interest or suitable or legitimate operation of gaming. |
29 | (e) Failure to cooperate.-–Failure to provide required |
30 | information or releases under this section shall result in the |
|
1 | immediate denial of an application for a license. |
2 | (f) Nontransferability.-–A license issued under this section |
3 | shall be nontransferable. |
4 | § 1603. Classification system. |
5 | The board shall develop a classification system for the |
6 | regulation of gaming junket enterprises and the individuals and |
7 | entities associated with gaming junket enterprises. |
8 | § 1604. Gaming junket representatives. |
9 | (a) Occupation permit.-–Except as otherwise provided in |
10 | subsection (e), a gaming junket representative shall obtain an |
11 | occupation permit from the board in accordance with section 1318 |
12 | (relating to occupation permit application). |
13 | (b) Application.-–In addition to the requirements of section |
14 | 1308 (relating to applications for license or permit), the |
15 | application for a gaming junket representative occupation permit |
16 | shall be in a form prescribed by the board and shall include the |
17 | following: |
18 | (1) Verification of employment status as a gaming junket |
19 | representative with a licensed gaming junket enterprise or an |
20 | applicant for a gaming junket enterprise license. |
21 | (2) A description of employment responsibilities. |
22 | (3) A consent form to allow the bureau to conduct a |
23 | background investigation, the scope of which shall be |
24 | determined by the board. |
25 | (4) A release for the bureau and the board to acquire |
26 | copies of information from government agencies, employers and |
27 | others as necessary to complete the investigation. |
28 | (5) Fingerprints which shall be submitted to the |
29 | Pennsylvania State Police. |
30 | (6) A photograph that meets the standards of the |
|
1 | Commonwealth Photo Imaging Network. |
2 | (7) Details relating to a similar license, permit or |
3 | other authorization obtained in another jurisdiction, if any. |
4 | (8) Any additional information required by the board. |
5 | (c) Issuance.-–Following review of the application, |
6 | background investigation and payment of the permit fee |
7 | established by the board under section 1601(a) (relating to |
8 | gaming junkets authorized), the board may issue an occupation |
9 | permit if the applicant has proven by clear and convincing |
10 | evidence that the applicant is a person of good character, |
11 | honesty and integrity and is eligible and suitable to receive an |
12 | occupation permit. |
13 | (d) Nontransferability.-–An occupation permit issued under |
14 | this section shall be nontransferable. |
15 | (e) Holder of occupation permit.–-Nothing in this section |
16 | shall be construed to prohibit an individual who holds a valid |
17 | occupation permit and who is employed by a slot machine licensee |
18 | from acting as a junket representative. A gaming junket |
19 | representative need not be a resident of this Commonwealth. |
20 | § 1605. Junket agreements. |
21 | Agreements entered into between a slot machine licensee and a |
22 | gaming junket enterprise or a gaming junket representative shall |
23 | include a provision for the termination of the agreement without |
24 | liability on the part of the slot machine licensee if: |
25 | (1) The board orders the suspension, limitation, |
26 | conditioning, denial or revocation of the license of a gaming |
27 | junket representative license or occupation permit of a |
28 | gaming junket representative. |
29 | (2) The board disapproves the agreement and requires its |
30 | termination. |
|
1 | Failure to expressly include the termination requirement under |
2 | this section in the agreement shall not constitute a defense in |
3 | an action brought relating to the termination of the agreement. |
4 | § 1606. Conduct of junket. |
5 | A slot machine licensee shall be responsible for the conduct |
6 | of a gaming junket representative or gaming junket enterprise |
7 | with which the slot machine licensee has an agreement and for |
8 | the terms and conditions of a gaming junket on its premises. |
9 | § 1607. Violation of terms. |
10 | Notwithstanding any other provision of this part, if the |
11 | board determines that the terms of an agreement to conduct a |
12 | gaming junket were violated by a slot machine licensee, gaming |
13 | junket enterprise or gaming junket representative, the board may |
14 | do any or all of the following: |
15 | (1) Order restitution to the gaming junket participant. |
16 | (2) Assess civil penalties or sanctions under section |
17 | 1518 (relating to prohibited acts; penalties) for a violation |
18 | or deviation from the terms of the junket agreement. |
19 | § 1608. Records. |
20 | The board shall prescribe procedures and forms to retain |
21 | records relating to the conduct of a gaming junket by a slot |
22 | machine licensee. A slot machine licensee shall: |
23 | (1) Maintain a current report of the operations of |
24 | gaming junkets conducted at its licensed facility. |
25 | (2) Submit to the board and the bureau a list of all its |
26 | employees who conduct business on behalf of the slot machine |
27 | licensee with gaming junket representatives on a full-time, |
28 | part-time or temporary basis. |
29 | (3) Maintain records of all agreements entered into with |
30 | a gaming junket enterprise or gaming junket representative |
|
1 | for a minimum of five years. |
2 | (4) Provide any other information relating to a gaming |
3 | junket required by the board or bureau. |
4 | § 1609. Report. |
5 | A slot machine licensee, gaming junket representative or |
6 | gaming junket enterprise shall file a report with the bureau on |
7 | each list of gaming junket participants or potential gaming |
8 | junket participants purchased by the slot machine licensee, |
9 | gaming junket representative or gaming junket enterprise. The |
10 | report shall include the source of the list and zip codes of |
11 | participants or potential participants on a list purchased |
12 | directly or indirectly by a slot machine licensee, gaming junket |
13 | representative or gaming junket enterprise. Nothing in this |
14 | section shall require the reporting or maintenance of personal |
15 | identifying information pertaining to participants or potential |
16 | participants. |
17 | § 1610. Gaming junket arrangement. |
18 | Upon petition by a slot machine licensee, the board may grant |
19 | an exemption from the permit requirements of this chapter to a |
20 | gaming junket representative. The board shall consult with the |
21 | bureau prior to granting an exemption under this section and |
22 | shall consider the following: |
23 | (1) The terms of the gaming junket arrangement. |
24 | (2) The number and scope of gaming junkets. |
25 | (3) Whether the exemption is consistent with the |
26 | policies and purposes of this part. |
27 | (4) Any other factor deemed necessary by the bureau or |
28 | board. |
29 | The board may condition, limit or restrict the exemption. |
30 | § 1611. Prohibitions. |
|
1 | A gaming junket enterprise or gaming junket representative |
2 | shall not do any of the following: |
3 | (1) Engage in efforts to collect on any check provided |
4 | by a gaming junket participant that has been returned by a |
5 | financial institution without payment. |
6 | (2) Exercise approval authority over the authorization |
7 | or issuance of credit under section 1326A (relating to cash |
8 | equivalents). |
9 | (3) Receive or retain a fee from an individual for the |
10 | privilege of participating in a gaming junket. |
11 | (4) Pay for any service, including transportation, or |
12 | other thing of value provided to a participant participating |
13 | in a gaming junket except as authorized by this part. |
14 | CHAPTER 17 |
15 | GAMING SCHOOLS |
16 | Sec. |
17 | 1701. Curriculum. |
18 | 1701.1. (Reserved). |
19 | 1702. Gaming school gaming equipment. |
20 | § 1701. Curriculum. |
21 | The Department of Labor and Industry, in consultation with |
22 | the Department of Education and the board, shall, within 60 days |
23 | following the effective date of this section, develop curriculum |
24 | guidelines, including minimum proficiency requirements |
25 | established by the board, for gaming school instruction. The |
26 | guidelines shall, at a minimum, establish courses of instruction |
27 | that will provide individuals with adequate job training |
28 | necessary to obtain employment as a gaming employee with a |
29 | licensed gaming entity. |
30 | § 1701.1. (Reserved). |
|
1 | § 1702. Gaming school gaming equipment. |
2 | (a) Use of gaming equipment.--All gaming equipment utilized |
3 | by a gaming school, including slot machines, table game devices, |
4 | associated equipment and all representations of value, shall be |
5 | used for training, instructional and practice purposes only. The |
6 | use of any such gaming equipment for actual gaming by any person |
7 | is prohibited. |
8 | (b) Chips.--Unless the board otherwise determines, all |
9 | gaming chips and other representations of value utilized by a |
10 | gaming school shall be distinctly dissimilar to any chips |
11 | utilized by a slot machine licensee. |
12 | (c) Possession, removal and transport of equipment.--No |
13 | gaming school shall possess, remove or transport, or cause to be |
14 | removed or transported, any slot machine, table game device or |
15 | associated equipment except in accordance with this part. |
16 | (d) Serial numbers.--Each slot machine, table game device |
17 | and associated equipment on the premises of a gaming school |
18 | shall have permanently affixed on it a serial number which, |
19 | together with the location of the machine or table game device, |
20 | shall be filed with the board. |
21 | (e) Security.--Each gaming school shall provide adequate |
22 | security for the slot machines, table games, table game devices |
23 | and associated equipment on the gaming school premises. |
24 | (f) Notice to board and bureau.--No gaming school shall sell |
25 | or transfer any slot machine, table game, table game device or |
26 | associated equipment except upon prior written notice to the |
27 | board and the bureau. |
28 | (g) Additional training.--Each individual attending gaming |
29 | school shall be trained in cardiopulmonary resuscitation. |
30 | Section 18.3. Section 1901(a) of Title 4 is amended to read: |
|
1 | § 1901. Appropriations. |
2 | (a) Appropriation to board.-- |
3 | (1) The sum of $7,500,000 is hereby appropriated to the |
4 | Pennsylvania Gaming Control Board for the fiscal period July |
5 | 1, 2004, to June 30, 2006, to implement and administer the |
6 | provisions of this part. The money appropriated in this |
7 | subsection shall be considered a loan from the General Fund |
8 | and shall be repaid to the General Fund quarterly commencing |
9 | with the date slot machine licensees begin operating slot |
10 | machines under this part. This appropriation shall be a two- |
11 | year appropriation and shall not lapse until June 30, 2006. |
12 | (2) The sum of $2,100,000 is hereby appropriated from |
13 | the State Gaming Fund to the Pennsylvania Gaming Control |
14 | Board for salaries, wages and all necessary expenses for the |
15 | proper operation and administration of the Pennsylvania |
16 | Gaming Control Board for the expansion of gaming associated |
17 | with table games. This appropriation shall be a supplemental |
18 | appropriation for fiscal year 2009-2010 and shall be in |
19 | addition to the appropriation contained in the act of August |
20 | 19, 2009 (P.L. , No.9A), known as the Gaming Control |
21 | Appropriation Act of 2009. |
22 | * * * |
23 | Section 18.4. Section 1513(b) of Title 64 is amended to |
24 | read: |
25 | § 1513. Powers. |
26 | * * * |
27 | (b) Duties.--The authority shall do all of the following: |
28 | (1) Administer the programs established in Subchapter E |
29 | in accordance with this chapter. |
30 | (2) Fund the programs established in Subchapter E and 12 |
|
1 | Pa.C.S. Ch. 29 (relating to machinery and equipment loans) |
2 | subject to Subchapter D (relating to funds, accounts, |
3 | indebtedness and use). |
4 | (3) Establish accounts, administer and distribute the |
5 | funds deposited into such accounts and perform all other |
6 | duties required of the authority under 4 Pa.C.S. Part II |
7 | (relating to gaming). |
8 | Section 19. No later than 90 days after the effective date |
9 | of this section, the Pennsylvania Gaming Control Board shall |
10 | transfer the sum of $12,500,000 from the amounts previously |
11 | appropriated to the Pennsylvania Gaming Control Board pursuant |
12 | to 4 Pa.C.S. § 1408 to the General Fund. |
13 | Section 19.1. No later than ten business days after the |
14 | effective date of this section, the Department of Revenue shall |
15 | pay to each Category 1 and Category 2 slot machine licensee from |
16 | its existing account established under 4 Pa.C.S. § 1401(a) an |
17 | amount sufficient to bring the balance in the account to |
18 | $1,500,000. |
19 | Section 19.2. (Reserved). |
20 | Section 19.3. The provisions of this act are severable. If |
21 | any provision of this act or its application to any person or |
22 | circumstance is held invalid, the invalidity shall not affect |
23 | other provisions or applications of this act which can be given |
24 | effect without the invalid provision or application. |
25 | Section 19.4. The amendment of 4 Pa.C.S. § 1201(h)(13) shall |
26 | not apply to individuals employed on the effective date of this |
27 | section by the Pennsylvania Gaming Control Board until July 1, |
28 | 2010. |
29 | Section 19.5. Repeals are as follows: |
30 | (1) The General Assembly declares that the repeal under |
|
1 | paragraph (2) is necessary to effectuate the amendment or |
2 | addition of 4 Pa.C.S. § 1407(d)(7) and (d.1) and 64 Pa.C.S. § |
3 | 1513(b)(3). |
4 | (2) The following provisions of the act of July 25, 2007 |
5 | (P.L.342, No.53), known as the Pennsylvania Gaming Economic |
6 | Development and Tourism Fund Capital Budget Itemization Act |
7 | of 2007, are repealed to the extent specified: |
8 | (i) Section 3(2)(i)(G), absolutely. |
9 | (ii) Section 4(7), absolutely. |
10 | (iii) Section 5, insofar as inconsistent with this |
11 | act. |
12 | Section 20. The following shall apply: |
13 | (1) The amendment of 4 Pa.C.S. § 1213 shall not apply to |
14 | any of the following: |
15 | (i) An application submitted before the effective |
16 | date of this section. |
17 | (ii) Any license or permit issued prior to the |
18 | effective date of this section. |
19 | (iii) The renewal of any license or permit issued or |
20 | applied for prior to the effective date of this section. |
21 | (2) The amendment of 4 Pa.C.S. § 1202(a)(2) and the |
22 | addition of 4 Pa.C.S. § 1517(c)(1.1) shall not apply to an |
23 | individual: |
24 | (i) who, on July 1, 2009, was serving officially or |
25 | acting as Executive Director of the Pennsylvania Gaming |
26 | Control Board, Chief Counsel of the board, or the |
27 | Director of the Office of Enforcement Counsel within the |
28 | Bureau of Investigations and Enforcement; and |
29 | (ii) on whom the bureau or the Pennsylvania State |
30 | Police completed a background investigation as a |
|
1 | condition of employment with the board. |
2 | (3) The amendment or addition of 4 Pa.C.S. § 1201(h) |
3 | (4.1) and (5) shall not apply to: |
4 | (i) an individual appointed to the Pennsylvania |
5 | Gaming Control Board before July 1, 2010; or |
6 | (ii) an individual under subparagraph (i) who is |
7 | reappointed to the Pennsylvania Gaming Control Board. |
8 | Section 21. This act shall take effect as follows: |
9 | (1) The following provisions shall take effect July 1, |
10 | 2010: |
11 | (i) The amendment of 4 Pa.C.S. § 1407. |
12 | (ii) Section 19.5 of this act. |
13 | (2) The remainder of this act shall take effect |
14 | immediately. |
|