PRINTER'S NO. 3779
No. 2535 Session of 2008
INTRODUCED BY JAMES, DeWEESE, McCALL, HARPER, MELIO, YOUNGBLOOD,
SIPTROTH, CALTAGIRONE, PALLONE, GOODMAN, McILHATTAN, CLYMER,
KIRKLAND, JOSEPHS, WILLIAMS AND WATERS, MAY 14, 2008
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, MAY 14, 2008
AN ACT
1 Amending the act of October 15, 1980 (P.L.950, No.164), entitled
2 "A supplement to the act of April 9, 1929 (P.L.177, No.175),
3 entitled 'An act providing for and reorganizing the conduct
4 of the executive and administrative work of the Commonwealth
5 by the Executive Department thereof and the administrative
6 departments, boards, commissions, and officers thereof,
7 including the boards of trustees of State Normal Schools, or
8 Teachers Colleges; abolishing, creating, reorganizing or
9 authorizing the reorganization of certain administrative
10 departments, boards, and commissions; defining the powers and
11 duties of the Governor and other executive and administrative
12 officers, and of the several administrative departments,
13 boards, commissions, and officers; fixing the salaries of the
14 Governor, Lieutenant Governor, and certain other executive
15 and administrative officers; providing for the appointment of
16 certain administrative officers, and of all deputies and
17 other assistants and employes in certain departments, boards,
18 and commissions; and prescribing the manner in which the
19 number and compensation of the deputies and all other
20 assistants and employes of certain departments, boards and
21 commissions shall be determined,' implementing the addition
22 of section 4.1 to Article IV of the Constitution of
23 Pennsylvania; establishing the Office of Attorney General
24 elected by the citizens and setting forth powers and duties
25 of the Attorney General; creating an Office of General
26 Counsel and providing for legal services for Commonwealth
27 agencies; transferring, reorganizing or reconstituting
28 certain boards, commissions and agencies; placing certain
29 duties upon the courts and district attorneys; repealing
30 certain acts and parts of acts and making appropriations,"
31 further providing for legal advice and civil matters.
32 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Section 204 of the act of October 15, 1980
3 (P.L.950, No.164), known as the Commonwealth Attorneys Act, is
4 amended by adding subsections to read:
5 Section 204. Legal advice and civil matters.
6 * * *
7 (g) Assistance and cooperation; Pennsylvania Gaming Control
8 Board.--
9 (1) The Attorney General is hereby authorized and
10 directed to assist the Pennsylvania Gaming Control Board in
11 determining the suitability of applicants for a license
12 approved and issued under the applicable provisions of 4
13 Pa.C.S. Part II (relating to gaming). The authority conveyed
14 to the Attorney General under this subsection shall be
15 limited to the certification of criminal history record
16 suitability of applicants for a license through the conduct
17 of criminal history record investigations.
18 (2) Upon receipt of a completed application for a
19 license, the Pennsylvania Gaming Control Board shall transmit
20 to the Office of Attorney General a copy of all application
21 materials, including fingerprint cards, current photograph
22 and such release information, signed waivers and other
23 completed and executed forms as may have been obtained by the
24 Pennsylvania Gaming Control Board. The Pennsylvania Gaming
25 Control Board shall provide the Office of Attorney General
26 with any additional information which may be needed to assist
27 in its criminal history record investigation. The Attorney
28 General and the Pennsylvania Gaming Control Board shall
29 cooperate in:
30 (i) Developing standard forms for the conduct of
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1 criminal history record investigations and the
2 certification of objection or nonobjection to the
3 issuance of a license.
4 (ii) Sharing of as much applicant information as
5 possible, both to maximize investigative efficiency and
6 thoroughness and to minimize investigative costs.
7 (iii) Facilitating the conduct of criminal history
8 record investigations of applicant for a license.
9 (iv) Developing procedures to govern the secure
10 transmittal of application materials and other applicant
11 information.
12 (3) Upon receipt of the completed license application
13 information from the Pennsylvania Gaming Control Board, the
14 Office of Attorney General shall conduct a criminal history
15 record investigation to determine whether the applicant is
16 suitable to be licensed in accordance with the standards set
17 forth in 4 Pa.C.S. Ch. 13 (relating to licensees).
18 (4) Upon completion of the necessary criminal history
19 record investigation, the Office of Attorney General shall
20 issue a notice of nonobjection to the Pennsylvania Gaming
21 Control Board certifying that the Commonwealth has no
22 objection to the issuance of a license to the applicant or a
23 notice of objection certifying that the Commonwealth opposes
24 the issuance of a license to that applicant. The notice of
25 nonobjection or objection shall be issued by the Office of
26 Attorney General within 45 days of the initial receipt of the
27 application information from the Pennsylvania Gaming Control
28 Board.
29 (5) If a notice of objection is issued, a statement
30 setting forth the grounds for the objection shall be
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1 forwarded to the Pennsylvania Gaming Control Board together
2 with a summary of the information upon which the objection to
3 certification of suitability was based, unless dissemination
4 of the information would violate a confidentiality agreement,
5 compromise a pending criminal investigation or be prohibited
6 by law.
7 (6) Any objection to the issuance of a license by the
8 Office of Attorney General shall be made in good faith and
9 without prejudice, and the objection shall be given prompt
10 and thorough consideration in good faith by the Pennsylvania
11 Gaming Control Board. Nothing in this subsection shall be
12 construed to accomplish the following:
13 (i) To prevent the Pennsylvania Gaming Control Board
14 at any time from suspending or revoking a license.
15 (ii) To prevent an applicant or a representative of
16 an applicant from requesting a review of the applicant's
17 criminal history record information to determine
18 correctness.
19 (iii) To impinge the right of an applicant to
20 request a hearing in accordance with 2 Pa.C.S. (relating
21 to administrative law and procedure).
22 (7) To ensure the continuous integrity of gaming in this
23 Commonwealth, it shall be the power and duty of the
24 Pennsylvania Gaming Control Board and the Attorney General to
25 continue to observe the conduct of all licensees and other
26 persons having a material involvement, directly or
27 indirectly, with any licensee or other person or any
28 subsidiary, affiliate, intermediary or holding company of the
29 licensee or other person to ensure that a license is not
30 issued to or held by, nor is there any material involvement,
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1 directly or indirectly, with a licensee or other person or
2 any affiliate, subsidiary, intermediary or holding company of
3 the licensee or other person by unqualified, disqualified or
4 unsuitable persons. If, at any time, the Office of Attorney
5 General would become aware of information that would
6 constitute good cause to deny, suspend or revoke a license,
7 it shall convey that information to the Pennsylvania Gaming
8 Control Board promptly and may request that the Pennsylvania
9 Gaming Control Board take appropriate action as to that
10 person.
11 (h) Definitions.--As used in this section, the following
12 words and phrases shall have the meanings given to them in this
13 subsection:
14 "Criminal history record information." Information collected
15 by criminal justice agencies concerning a person and arising
16 from the initiation of a criminal proceeding, consisting of
17 identifiable descriptions, dates and notations of arrests,
18 indictments, information or other formal criminal charges and
19 dispositions arising therefrom. The term shall include
20 investigative information and intelligence information.
21 "Criminal history record investigation." An investigation of
22 criminal history record information collected by criminal
23 justice agencies concerning a person and stored in the central
24 repository of the Pennsylvania State Police, the National Crime
25 Information Center (NCIC) or other such Federal or other states'
26 computerized repositories.
27 "Intelligence information." Information concerning the
28 habits, practices, characteristics, possessions or associations
29 of any individual compiled in an effort to anticipate, prevent,
30 monitor, investigate or prosecute criminal activity. The term
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1 shall include information on the possession, selling, obtaining
2 or using a controlled substance as defined in the act of April
3 14, 1972 (P.L.233, No.64), known as "The Controlled Substance,
4 Drug, Device and Cosmetic Act."
5 "Investigative information." Information assembled as a
6 result of the performance of any inquiry, formal or informal,
7 into a criminal incident or an allegation of criminal wrongdoing
8 and may include modus operandi information.
9 "License." The whole or any part of any approval,
10 qualification or similar form of permission issued by the Gaming
11 Control Board pursuant to 4 Pa.C.S. §§ 1301 (relating to
12 authorized slot machine licenses), 1311.1 (relating to licensing
13 of principals), 1311.2 (relating to licensing of key employees),
14 1315 (relating to conditional Category 1 license), 1317
15 (relating to supplier licenses) and 1317.1 (relating to
16 manufacturer licenses) or any other similar form of permission,
17 approval or qualification issued pursuant to the applicable
18 provisions of 4 Pa.C.S. Pt. II (relating to gaming), as may be
19 determined at its discretion on a case-by-case basis by the
20 Pennsylvania Gaming Control Board.
21 Section 2. This act shall take effect immediately.
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