HOUSE AMENDED PRIOR PRINTER'S NOS. 1811, 1862, 1885 PRINTER'S NO. 1947
No. 1209 Session of 2004
INTRODUCED BY PIPPY, BRIGHTBILL, JUBELIRER, ARMSTRONG, TOMLINSON, EARLL, GORDNER, ERICKSON, O'PAKE, M. WHITE, ORIE, WAGNER, WENGER, SCHWARTZ, FERLO, ROBBINS, RAFFERTY, CORMAN, DENT, C. WILLIAMS, PICCOLA, WONDERLING, THOMPSON, WAUGH, D. WHITE, MADIGAN, CONTI, RHOADES, SCARNATI, LEMMOND, MOWERY, PUNT, KASUNIC, KUKOVICH, PILEGGI AND GREENLEAF, AUGUST 2, 2004
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, NOVEMBER 15, 2004
AN ACT 1 Amending Titles 4 (Amusements) and 18 (Crimes and Offenses) of <-- 2 the Pennsylvania Consolidated Statutes, further providing for 3 definitions and for the Pennsylvania Gaming Control Board 4 established; providing for applicability of other statutes 5 and for review of deeds, leases and contracts; further 6 providing for general and specific powers, for temporary 7 regulations, for board minutes and records and for supplier 8 and manufacturer licenses application; providing for 9 manufacturer licenses; further providing for occupation 10 permit application, for local land use preemption, for public 11 official financial interest, for enforcement, FOR PENALTIES <-- 12 and for corrupt organizations; and making related repeals. 13 AMENDING TITLES 4 (AMUSEMENTS) AND 18 (CRIMES AND OFFENSES) OF <-- 14 THE PENNSYLVANIA CONSOLIDATED STATUTES, FURTHER PROVIDING FOR 15 DEFINITIONS AND FOR THE PENNSYLVANIA GAMING CONTROL BOARD 16 ESTABLISHED; PROVIDING FOR APPLICABILITY OF OTHER STATUTES 17 AND FOR REVIEW OF DEEDS, LEASES AND CONTRACTS; FURTHER 18 PROVIDING FOR GENERAL AND SPECIFIC POWERS, FOR TEMPORARY 19 REGULATIONS, FOR BOARD MINUTES AND RECORDS, FOR SLOT MACHINE 20 LICENSEE FINANCIAL FITNESS AND FOR SUPPLIER AND MANUFACTURER 21 LICENSES APPLICATION; PROVIDING FOR MANUFACTURER LICENSES; 22 FURTHER PROVIDING FOR OCCUPATION PERMIT APPLICATION, FOR 23 ESTABLISHMENT OF STATE GAMING FUND AND NET SLOT MACHINE 24 REVENUE DISTRIBUTION, FOR TRANSFERS FROM STATE GAMING FUND, 25 FOR MULTIPLE SLOT MACHINE LICENSE PROHIBITION, FOR LOCAL LAND 26 USE PREEMPTION, FOR PUBLIC OFFICIAL FINANCIAL INTEREST, FOR 27 ENFORCEMENT, FOR PENALTIES, FOR BACKGROUND CHECKS, FOR
1 FINGERPRINTS AND FOR CORRUPT ORGANIZATIONS; AND MAKING 2 RELATED REPEALS. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. The definition of "supplier" in section 1103 of <-- 6 Title 4 of the Pennsylvania Consolidated Statutes, added July 5, 7 2004 (P.L.572, No.71), is amended and the section is amended by 8 adding a definition to read: 9 § 1103. Definitions. 10 The following words and phrases when used in this part shall 11 have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 * * * 14 "Member." An individual appointed to the Pennsylvania Gaming 15 Control Board pursuant to section 1201(b) (relating to 16 Pennsylvania Gaming Control Board). 17 * * * 18 "Supplier." A person that sells, leases, offers or otherwise 19 provides, distributes or services any slot machine in this 20 Commonwealth. The term does not include a person who sells slot 21 monitoring systems, casino management systems, player tracking 22 systems and wide-area progressive systems. 23 * * * 24 Section 2. Section 1201 heading and (f)(3), (h)(7) and (l) 25 of Title 4, added July 5, 2004 (P.L.572, No.71), is amended and 26 the section is amended by adding paragraphs to read: 27 § 1201. Pennsylvania Gaming Control Board [established]. 28 * * * 29 (f) Qualified majority vote.-- 30 * * * 20040S1209B1947 - 2 -
1 (3) Notwithstanding any other provision [to the 2 contrary] of this part or 65 Pa.C.S. § 1103(j) (relating to 3 restricted activities), a member shall disclose the nature of 4 his disqualifying interest, disqualify himself and abstain 5 from voting in a proceeding in which his or her impartiality 6 may be reasonably questioned, including, but not limited to, 7 instances where he or she knows that they possess a 8 substantial financial interest in the subject matter of the 9 proceeding or any other interest that could be substantially 10 affected by the outcome of the proceeding. In such 11 circumstances in which it is a legislative appointee member 12 that has disqualified himself or herself, the qualified 13 majority shall consist of the remaining three legislative 14 appointees and at least two gubernatorial appointees. 15 * * * 16 (h) [Qualifications and restrictions] Restrictions.-- 17 * * * 18 [(7) At the time of appointment and annually thereafter, 19 each member shall disclose the existence of all ownership 20 interests in licensed facilities and all securities in any 21 licensed entity or applicant, its affiliates or subsidiaries 22 held by the member, the member's spouse and any minor or 23 unemancipated children and must divest such ownership 24 interests in licensed facilities or securities prior to an 25 appointment becoming final. A member may not acquire any 26 security in any licensed entity, its affiliates or 27 subsidiaries during the member's tenure. The disclosure 28 statement shall be filed with the executive director of the 29 board and with the appointing authority for such member and 30 shall be open to inspection by the public at the office of 20040S1209B1947 - 3 -
1 the board during the normal business hours of the board 2 during the tenure of the member and for two years after the 3 member leaves office.] 4 (7) (i) At the time of appointment, and annually 5 thereafter, each member of the board shall disclose the 6 existence of all financial, property, leasehold or other 7 beneficial interest in any slot machine license 8 applicant, manufacturer license applicant, supplier 9 license applicant, licensed entity or licensed facility 10 and in any holding companies, affiliates, intermediaries 11 or subsidiary businesses thereof, which are held by the 12 member or the immediate family of the member. The 13 disclosure statement shall be filed with the executive 14 director of the board and with the appointing authority 15 of the member. The disclosure statement shall be open to 16 inspection by the public at the office of the board 17 during the normal business hours of the board during the 18 member's term on the board and continuing for two years 19 after the member leaves office. Prior to the member's 20 appointment becoming final, any financial, property, 21 leasehold, ownership or other beneficial interest in any 22 slot machine license applicant, manufacturer license 23 applicant, supplier license applicant, licensed entity or 24 licensed facility and in any holding companies, 25 affiliates, intermediaries or subsidiary businesses 26 thereof, owned or held by the member or the immediate 27 family of the member must be divested. During the 28 member's term and continuing for one year thereafter, the 29 member and the immediate family of the member may not 30 acquire by purchase, gift, exchange or otherwise, any 20040S1209B1947 - 4 -
1 financial, property, leasehold, ownership or other 2 beneficial interest in any slot machine license 3 applicant, manufacturer license applicant, supplier 4 license applicant, licensed entity or licensed facility 5 and OR in any holding companies, affiliates, <-- 6 intermediaries or subsidiary businesses thereof. 7 (ii) As used in this paragraph, the following words 8 and phrases shall have the meanings given to them in this 9 subparagraph: 10 "Financial interest." Owning or holding or being 11 deemed to hold debt or equity securities or other 12 ownership interest or profits interest. 13 "Immediate family." The term shall have the same 14 meaning given to it in section 1512 (relating to 15 public official financial interest). 16 (7.1) (i) At the time of employment, and annually 17 thereafter, each employee or contract employee of the 18 board shall disclose the existence of all financial, 19 property, leasehold or other beneficial interest in any 20 slot machine license applicant, manufacturer license 21 applicant, supplier license applicant, licensed entity or 22 licensed facility and in any holding companies, 23 affiliates, intermediaries or subsidiary businesses 24 thereof, which are held by the employee or contract 25 employee or the immediate family of the employee or 26 contract employee. The disclosure statement shall be 27 filed with the executive director of the board. The 28 disclosure statement shall be open to inspection by the 29 public at the office of the board during normal business 30 hours of the board during the employee's or contract 20040S1209B1947 - 5 -
1 employee's employment with the board and continuing for 2 two years after the employee or contract employee 3 terminates employment with the board. Prior to commencing 4 employment, any financial, property, leasehold, ownership 5 or other beneficial interest in any slot machine license 6 applicant, manufacturer license applicant, supplier 7 license applicant, licensed entity or licensed facility 8 and in any holding companies, affiliates, intermediaries 9 or subsidiary businesses thereof, owned or held by the 10 employee or contract employee or the immediate family of 11 the employee or contract employee must be divested. 12 During the employee's or contract employee's employment 13 and continuing for one year thereafter, the employee or 14 contract employee and the immediate family of the 15 employee or contract employee may not acquire by 16 purchase, gift, exchange or otherwise, any financial, 17 property, leasehold, ownership or other beneficial 18 interest in any slot machine license applicant, 19 manufacturer license applicant, supplier license 20 applicant, licensed entity or licensed facility and OR in <-- 21 any holding companies, affiliates, intermediaries or 22 subsidiary businesses thereof. 23 (ii) As used in this paragraph, the following words 24 and phrases shall have the meanings given to them in this 25 subparagraph: 26 "Financial interest." Owning or holding or being 27 deemed to hold debt or equity securities or other 28 ownership interest or profits interest. 29 "Immediate family." The term shall have the same 30 meaning given to it in section 1512 (relating to 20040S1209B1947 - 6 -
1 public official financial interest). 2 * * * 3 (13) No person may be employed, whether as an employee 4 or a contract employee, by the board until the board receives 5 a background investigation conducted on the person in 6 accordance with this part. 7 (14) No member shall hold or campaign for any other 8 public office, hold office in any political party or 9 political committee or actively participate in any political 10 campaign. 11 (15) No employee of the board shall hold or campaign for 12 any other public office, hold office in any political party <-- 13 or political committee or actively participate in or 14 contribute to any political campaign. 15 * * * 16 [(l) Disclosure statements.--Members and employees of the 17 board are subject to the provisions of 65 Pa.C.S. Ch. 11 18 (relating to ethics standards and financial disclosure) and the 19 act of July 19, 1957 (P.L.1017, No.451), known as the State 20 Adverse Interest Act.] 21 Section 3. Title 4 is amended by adding sections to read: 22 § 1201.1. Applicability of other statutes. 23 The following shall apply: 24 (1) The following acts shall apply to the board, its 25 members and employees: 26 (i) Act of June 21, 1957 (P.L.390, No.212), referred 27 to as the Right-to-Know Law. 28 (ii) Act of July 19, 1957 (P.L.1017, No.451), known 29 as the State Adverse Interest Act. 30 (iii) The provisions of 65 Pa.C.S. Chs. 7 (relating 20040S1209B1947 - 7 -
1 to open meetings) and 11 (relating to ethics standards 2 and financial disclosure). 3 (2) The board shall be considered an "independent 4 agency" for the purposes of all of the following: 5 (i) Act of October 15, 1980 (P.L.950, No.164), known 6 as the Commonwealth Attorneys Act. 7 (ii) The provisions of 62 Pa.C.S. Pt. I (relating to 8 Commonwealth Procurement Code). 9 (3) The board shall be considered an "agency" for the 10 purposes of all of the following: 11 (i) Act of July 31, 1968 (P.L.769, No.240), referred 12 to as the Commonwealth Documents Law. 13 (ii) Act of June 25, 1982 (P.L.633, No.181), known 14 as the Regulatory Review Act. 15 § 1201.2. Review of deeds, leases and contracts. 16 (a) Timing.--Review of a deed, lease or contract of the 17 board by the Attorney General under the act of October 15, 1980 18 (P.L.950, No.164), known as the Commonwealth Attorneys Act, must 19 be completed within 30 days of delivery of the deed, lease or 20 contract by the board to the Attorney General. 21 (b) Limitation.--An issue not raised by the Attorney General 22 during the review period required by subsection (a) is deemed 23 waived. 24 Section 4. Sections 1202 heading and (a), 1203, 1206(a), (d) 25 and (f) and 1317 of Title 4, added July 5, 2004 (P.L.572, 26 No.71), are amended to read: 27 § 1202. [General and specific powers] Powers and duties. 28 (a) General powers.--The board shall have general 29 jurisdiction over all gaming activities or related activities as 30 described in this part. The board shall be responsible to ensure 20040S1209B1947 - 8 -
1 the integrity of the acquisition and operation of slot machines 2 and associated equipment and shall have jurisdiction over every 3 aspect of the authorization and operation of slot machines. The 4 board shall employ an executive director, chief counsel, 5 deputies, secretaries, officers, hearing officers and agents as 6 it may deem necessary, who shall serve at the board's pleasure. 7 The board shall also employ other employees as it deems 8 appropriate whose duties shall be determined by the board. The 9 board shall establish and publish in the Pennsylvania Bulletin 10 and on its Internet website a classification of its employees. 11 The classification shall include the scope of the background 12 investigations required by section 1201(h)(13) (relating to 13 Pennsylvania Gaming Control Board) for each class of employees 14 and contract employees of the board. In order to ensure the 15 ability of the board to recruit and retain individuals necessary 16 to execute its responsibilities under this part, the board shall 17 set the classification and compensation of its employees and 18 shall not be subject to the provisions of the act of April 9, 19 1929 (P.L.177, No.175), known as The Administrative Code of 20 1929, as to classification and compensation for its employees 21 and conduct its activities consistent with the practices and 22 procedures of Commonwealth agencies. [For the purposes of the 23 act of October 15, 1980 (P.L.950, No.164), known as the 24 Commonwealth Attorneys Act, the board shall not be considered an 25 executive or independent agency.] The board shall have such 26 other powers and authority necessary to carry out its duties and 27 the objectives of this part. 28 * * * 29 § 1203. Temporary regulations. 30 (a) Promulgation.--[Notwithstanding any other provision of 20040S1209B1947 - 9 -
1 law to the contrary and in] In order to facilitate the prompt 2 implementation of this part, [regulations promulgated by the 3 board during the two years following the effective date of this 4 part shall be deemed temporary regulations which shall expire no 5 later than three years following the effective date of this part 6 or upon promulgation of regulations as generally provided by 7 law. The temporary regulations shall not be] the board may 8 promulgate regulations not subject to: 9 (1) Sections 201 [through 205], 202 and 203 of the act 10 of July 31, 1968 (P.L.769, No.240), referred to as the 11 Commonwealth Documents Law. 12 (2) The act of June 25, 1982 (P.L.633, No.181), known as 13 the Regulatory Review Act. 14 (b) Expiration.--[The authority provided to the board to 15 adopt temporary regulations in] Regulations promulgated in 16 accordance with subsection (a) shall expire [two] three years 17 from the effective date of this section. [Regulations adopted 18 after the two-year period shall be promulgated as provided by 19 law.] 20 § 1206. Board minutes and records. 21 [(a) Open proceedings and records.--The proceedings of the 22 board shall be conducted in accordance with the provisions of 65 23 Pa.C.S. Ch. 7 (relating to open meetings). The board shall be an 24 agency for purposes of the act of June 21, 1957 (P.L.390, 25 No.212), referred to as the Right-to-Know Law. Notwithstanding 26 any provision of law to the contrary, confidential documents 27 relative to personal background information provided to the 28 board pursuant to this part and any closed deliberations of the 29 board, including disciplinary proceedings, shall be confidential 30 and considered in closed executive session pursuant to 20040S1209B1947 - 10 -
1 subsection (f).] 2 * * * 3 (d) Applicant information.-- 4 (1) The board shall [keep and] maintain a list of [all] 5 applicants for licenses and [permits under this part together 6 with] permits. The list shall include a record of all actions 7 taken with respect to [the applicants, which file and record] 8 each applicant. The list shall be open to public inspection 9 during normal business hours of the board. 10 (2) Information under paragraph (1) regarding any 11 applicant whose license or permit has been denied, revoked or 12 not renewed shall be removed from such list after seven years 13 from the date of the action. 14 * * * 15 (f) Confidentiality of information.--[All information 16 contained in the application process pursuant to section 1310(a) 17 (relating to slot machine license application character 18 requirements) and the report of an applicant's] An applicant's 19 architecture and engineering plans, security and surveillance 20 systems and background investigation furnished to or obtained by 21 the board or the bureau from any source shall be considered 22 confidential. [and shall be withheld from public disclosure in 23 whole or in part, except that any information shall be released 24 upon the lawful order of a court of competent jurisdiction or, 25 with the approval of the Attorney General, to a duly authorized 26 law enforcement agency or shall be released to the public, in 27 whole or in part, to the extent that such release is requested 28 by an applicant and does not otherwise contain confidential 29 information about another person. The board may not require any 30 applicant to waive any confidentiality provided for in this 20040S1209B1947 - 11 -
1 subsection as a condition for the approval of a license or any 2 other action of the board. Any person who violates this 3 subsection shall be administratively disciplined by discharge, 4 suspension or other formal disciplinary action as the board 5 deems appropriate.] 6 * * * 7 § 1317. Supplier [and manufacturer] licenses [application]. 8 (a) Application.--[Any] A person seeking to provide slot 9 machines or associated equipment to a slot machine licensee 10 within this Commonwealth [or to manufacture slot machines for 11 use in this Commonwealth] shall apply to the board for [either] 12 a supplier [or manufacturer] license. [No person, its affiliate, 13 intermediary, subsidiary or holding company who has applied for 14 or is a holder of a manufacturer or slot machine license shall 15 be eligible to apply for or hold a supplier license. A supplier 16 licensee shall establish a principle place of business in this 17 Commonwealth within one year of issuance of its supplier license 18 and maintain such during the period in which the license is 19 held. No slot machine licensee shall enter into any sale, lease, 20 contract or any other type of agreement providing slot machines, 21 progressive slot machines, parts or associated equipment for use 22 or play with any person other than a supplier licensed pursuant 23 to this section. Slot monitoring systems, casino management 24 systems, player tracking systems and wide-area progressive 25 systems are excluded from any requirements that they be provided 26 through a licensed supplier as set forth in this part.] 27 (b) Requirements.--[The application for a supplier or 28 manufacturer license shall include, at a minimum:] The 29 application for a supplier license shall be on the form required 30 by the board, accompanied by the application fee and shall 20040S1209B1947 - 12 -
1 include all of the following: 2 (1) The name and business address of the applicant, <-- 3 the[,] AND THE APPLICANT'S AFFILIATES, INTERMEDIARIES, <-- 4 SUBSIDIARIES AND HOLDING COMPANIES; THE directors and owners 5 of [the applicant] EACH BUSINESS; and a list of employees and <-- 6 their positions within [the] EACH business, as well as any <-- 7 financial information required by the board. 8 (1.1) A statement that the applicant or an affiliate, 9 intermediary, subsidiary or holding company of the applicant 10 is not a slot machine licensee. 11 (2) The consent to a background investigation of the 12 applicant, its officers, directors, owners, key employees or 13 other persons required by the board and a release to obtain 14 any and all information necessary for the completion of the 15 background investigation. 16 (3) The details of any equivalent license granted or 17 denied by other jurisdictions where gaming activities as 18 authorized by this part are permitted and consent for the 19 board to acquire copies of applications submitted or licenses 20 issued in connection therewith. 21 (4) The type of goods and services to be supplied [or 22 manufactured] and whether those goods and services will be 23 provided through purchase, lease, contract or otherwise. 24 (5) Any other information determined by the board to be 25 appropriate. 26 (c) Review and approval.--Upon being satisfied that the 27 requirements of subsection (b) have been met, the board may 28 approve the application and grant the applicant a supplier 29 license consistent with all of the following: 30 (1) The license shall be for a period of one year. Upon 20040S1209B1947 - 13 -
1 expiration, a license may be renewed in accordance with 2 subsection (d). 3 (2) The license shall be nontransferable. 4 (3) Any other condition established by the board. 5 (d) Renewal.--Six months prior to expiration of a supplier 6 license, a supplier licensee seeking renewal of its license 7 shall submit a renewal application accompanied by the renewal 8 fee to the board. If the renewal application satisfies the 9 requirements of subsection (b), the board may renew the 10 licensee's supplier license. If the board receives a complete 11 renewal application but fails to act upon the renewal 12 application prior to the expiration of the supplier license, the 13 supplier license shall continue in effect for an additional six- 14 month period or until acted upon by the board, whichever occurs 15 first. 16 (e) Prohibitions.-- 17 (1) No person may provide slot machines or associated 18 equipment to a slot machine licensee within this Commonwealth 19 unless the person has been issued a supplier license under 20 this section or a manufacturer license under section 1317.1 21 (relating to manufacturer licenses). 22 (2) No slot machine licensee may acquire, purchase or 23 lease slot machines or associated equipment from a person 24 unless the person has been issued a supplier license under 25 this section or a manufacturer license under section 1317.1. 26 Section 5. Title 4 is amended by adding a section to read: 27 § 1317.1. Manufacturer licenses. 28 (a) Application.--A person seeking to manufacture slot 29 machines for use in this Commonwealth and to provide slot 30 machines or associated equipment to a slot machine licensee 20040S1209B1947 - 14 -
1 within this Commonwealth shall apply to the board for a 2 manufacturer license. 3 (b) Requirements.--The application for a manufacturer 4 license shall be on the form required by the board, accompanied 5 by the application fee and shall include all of the following: 6 (1) The name and business address of the applicant AND <-- 7 THE APPLICANT'S AFFILIATES, INTERMEDIARIES, SUBSIDIARIES AND 8 HOLDING COMPANIES; the directors and owners of the applicant <-- 9 EACH BUSINESS; and a list of employees and their positions <-- 10 within the EACH business, as well as any financial <-- 11 information required by the board. 12 (2) A statement that the applicant or an affiliate, 13 intermediary, subsidiary or holding company of the applicant 14 is not a slot machine licensee. 15 (3) The consent to a background investigation of the 16 applicant, its officers, directors, owners, key employees or 17 other persons required by the board and a release to obtain 18 any and all information necessary for the completion of the 19 background investigation. 20 (4) The details of any equivalent license granted or 21 denied by other jurisdictions where gaming activities as 22 authorized by this part are permitted and consent for the 23 board to acquire copies of applications submitted or licenses 24 issued in connection therewith. 25 (5) The type of slot machines or associated equipment to 26 be manufactured and supplied and whether those slot machines 27 or associated equipment will be provided through purchase, 28 lease, contract or otherwise. 29 (6) Any other information determined by the board to be 30 appropriate. 20040S1209B1947 - 15 -
1 (c) Review and approval.--Upon being satisfied that the 2 requirements of subsection (b) have been met, the board may 3 approve the application and grant the applicant a manufacturer 4 license consistent with all of the following: 5 (1) The license shall be for a period of one year. Upon 6 expiration, a license may be renewed in accordance with 7 subsection (d). 8 (2) The license shall be nontransferable. 9 (3) Any other condition established by the board. 10 (d) Renewal.--Six months prior to expiration of a 11 manufacturer license, a manufacturer licensee seeking renewal of 12 its license shall submit a renewal application accompanied by 13 the renewal fee to the board. If the renewal application 14 satisfies the requirements of subsection (b), the board may 15 renew the licensee's manufacturer license. If the board receives 16 a complete renewal application but fails to act upon the renewal 17 application prior to the expiration of the manufacturer license, 18 the manufacturer license shall continue in effect for an 19 additional six-month period or until acted upon by the board, 20 whichever occurs first. 21 (e) Prohibitions.-- 22 (1) No person may manufacture and provide slot machines 23 or associated equipment to a slot machine licensee within 24 this Commonwealth unless the person has been issued a 25 manufacturer license under this section. 26 (2) No slot machine licensee may acquire, purchase or 27 lease slot machines or associated equipment to a slot machine 28 licensee within this Commonwealth unless the person has been 29 issued a manufacturer license under this section or a 30 supplier license under section 1317 (relating to supplier 20040S1209B1947 - 16 -
1 licenses). 2 Section 6. Sections 1318, 1506 and 1512 of Title 4, added 3 July 5, 2004 (P.L.572, No.71), are amended to read: 4 § 1318. Occupation [permit application] permits. 5 (a) Application.--[Any] A person [ANY PERSON] AN INDIVIDUAL <-- 6 who desires to be a gaming employee and has a bona fide offer of 7 employment from a licensed gaming entity shall apply to the 8 board for an occupation permit. [A person may not be employed as 9 a gaming employee unless and until that person holds an 10 appropriate occupation permit issued under this section. The 11 board may promulgate regulations to reclassify a category of 12 nongaming employees or gaming employees upon a finding that the 13 reclassification is in the public interest and consistent with 14 the objectives of this part.] 15 (b) Requirements.--[The application for an occupation permit 16 shall include, at a minimum:] The application for an occupation 17 permit shall be on the form required by the board, accompanied 18 by the application fee and shall include all of the following: 19 (1) The name and home address of the [person] <-- 20 INDIVIDUAL. <-- 21 (2) The previous employment history of the [person] <-- 22 INDIVIDUAL. <-- 23 (3) The criminal history record of the [person] <-- 24 INDIVIDUAL, as well as the [person's] INDIVIDUAL'S consent <-- 25 for the Pennsylvania State Police to conduct a background 26 investigation. 27 (4) A photograph and handwriting exemplar of the 28 [person] INDIVIDUAL. <-- 29 (5) Evidence of the offer of employment and the nature 30 and scope of the proposed duties of the [person] INDIVIDUAL, <-- 20040S1209B1947 - 17 -
1 if known. 2 (6) The details of any occupation permit or similar 3 license granted or denied to the PERMIT applicant in other <-- 4 jurisdictions where gaming activities as authorized by this 5 part are permitted and consent for the board to obtain copies 6 of applications submitted or permits or licenses issued in 7 connection therewith. 8 (7) Any other information determined by the board to be 9 appropriate. 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 slot 13 machines are physically located.] 14 (c.1) Review and approval.--Upon being satisfied that the 15 requirements of subsection (b) have been met, the board may 16 approve the application and grant the PERMIT applicant an <-- 17 occupation permit consistent with all of the following: 18 (1) The occupation permit shall be for a period of one 19 year. Upon expiration, an occupation permit may be renewed in 20 accordance with subsection (d). 21 (2) The occupation permit shall be nontransferable. 22 (3) Any other condition established by the board. 23 (d) Renewal.--Six months prior to expiration of an 24 occupation permit, an individual holding an occupation permit 25 and seeking renewal of the occupation permit shall submit a 26 renewal application accompanied by the renewal fee to the board. 27 If the renewal application satisfies the requirements of 28 subsection (b), the board may renew the occupation permit. If 29 the board receives a complete renewal application but fails to 30 act upon the renewal application prior to the expiration of the 20040S1209B1947 - 18 -
1 occupation permit, the occupation permit shall continue in 2 effect for an additional six-month period or until acted upon by 3 the board, whichever occurs first. 4 (e) Prohibitions.-- 5 (1) No slot machine licensee may employ or permit any 6 person under 18 years of age to render any service in any 7 area of its licensed facility at which slot machines are 8 physically located. 9 (2) No slot machine licensee may employ an individual as 10 a gaming employee unless the individual has been issued an 11 occupation permit under this section. 12 § 1506. [Local land use preemption] Preemption. 13 [The conduct of gaming as permitted under this part, 14 including the physical location of any licensed facility,] (a) 15 Regulation.--Gaming authorized by this part shall not be 16 prohibited or, except as provided in subsection (b), otherwise 17 regulated by any ordinance, home rule charter provision, 18 resolution, rule or regulation of any [political subdivision or 19 any local or State instrumentality or authority that relates to 20 zoning or land use to the extent that the licensed facility has 21 been approved by the board.] municipality. 22 (b) Land use.-- 23 (1) Except as provided in paragraphs (2) and (3), any 24 zoning and land use ordinances, home rule charter provisions, 25 resolutions, rules or regulations of any municipality shall 26 not apply to property upon which a licensed facility or 27 licensed racetrack is or will be located. The board may [in 28 its discretion consider such] consider local zoning 29 ordinances when considering an application for a slot machine 30 license. The board shall provide the political subdivision, 20040S1209B1947 - 19 -
1 within which an applicant for a slot machine license has 2 proposed to locate a licensed [gaming] facility, a 60-day 3 comment period prior to the board's final approval, condition 4 or denial of approval of its application for a slot machine 5 license. The political subdivision may make recommendations 6 to the board for improvements to the applicant's proposed 7 site plans that take into account the impact on the local 8 community.[, including, but not limited to, land use and 9 transportation impact. This section shall also apply to any 10 proposed racetrack or licensed racetrack.] 11 (2) Plans and ordinances adopted by a municipality in 12 accordance with the act of July 31, 1968 (P.L.805, No.247), 13 known as the Pennsylvania Municipalities Planning Code, shall 14 apply to property upon which a licensed facility or licensed 15 racetrack is or will be located. 16 (3) An ordinance, home rule charter provision, 17 resolution, rule or regulation which relates to zoning or 18 land use adopted by a city of the second class shall apply to 19 property upon which a licensed facility or licensed racetrack 20 is or will be located. 21 § 1512. [Public official financial interest] Financial 22 interests and complimentary services and discounts. 23 [(a) General rule.--Except as may be provided by rule or 24 order of the Pennsylvania Supreme Court, no executive-level 25 State employee, public official, party officer or immediate 26 family member thereof shall have, at or following the effective 27 date of this part, a financial interest in or be employed, 28 directly or indirectly, by any licensed racing entity or 29 licensed gaming entity, or any holding, affiliate, intermediary 30 or subsidiary company, thereof, or any such applicant, nor 20040S1209B1947 - 20 -
1 solicit or accept, directly or indirectly, any complimentary 2 service or discount from any licensed racing entity or licensed 3 gaming entity which he or she knows or has reason to know is 4 other than a service or discount that is offered to members of 5 the general public in like circumstances during his or her 6 status as an executive-level State employee, public official or 7 party officer and for one year following termination of the 8 person's status as an executive-level State employee, public 9 official or party officer.] 10 (a) Financial interests.--An executive-level State employee, 11 public official or party officer, or an immediate family member 12 thereof, shall not do any of the following: 13 (1) Hold, whether directly or indirectly, a financial 14 interest in any slot machine licensee, manufacturer licensee, 15 supplier licensee, licensed racing entity or in any holding, 16 affiliate, intermediary or subsidiary company thereof while 17 the individual is an executive-level State employee, public 18 official or party officer and for one year following 19 termination of the individual's status as an executive-level 20 State employee, public official or party officer. 21 (2) Hold, whether directly or indirectly, a financial 22 interest in any applicant for a slot machine license, 23 manufacturer license, supplier license or racetrack or in any 24 holding, affiliate, intermediary or subsidiary company of the 25 applicant while the individual is an executive-level State 26 employee, public official or party officer and for one year 27 following termination of the individual's status as an 28 executive-level State employee, public official or party 29 officer. 30 (a.1) Employment.-- 20040S1209B1947 - 21 -
1 (1) An executive-level State employee, public official 2 or party officer shall not be employed, whether directly or 3 indirectly, by any slot machine licensee, manufacturer 4 licensee, supplier licensee, licensed racing entity or 5 racetrack, or an applicant therefor, or by any holding, 6 affiliate, intermediary or subsidiary company thereof, while 7 the individual is an executive-level State employee, public 8 official or party officer and for one year following 9 termination of the individual's status as an executive-level 10 State employee, public official or party officer. 11 (2) An immediate family member of an executive-level 12 State employee, public official or party officer shall not be 13 employed to provide services for any slot machine licensee, 14 manufacturer licensee, supplier licensee, licensed racing 15 entity or racetrack, or an applicant therefor, or by any 16 holding, affiliate, intermediary or subsidiary company 17 thereof, while the executive-level State employee, public 18 official or party officer of the immediate family member is 19 an executive-level State employee, public official or party 20 officer. 21 (a.2) Complimentary services and discounts.--No executive- 22 level State employee, public official or party officer, or an 23 immediate family member thereof, shall solicit or accept, 24 whether directly or indirectly, any complimentary service or 25 discount from any slot machine licensee, manufacturer licensee, 26 supplier licensee or, licensed racing entity OR FROM AN <-- 27 AFFILIATE, INTERMEDIARY, SUBSIDIARY OR HOLDING COMPANY THEREOF 28 which the executive-level State employee, public official or 29 party officer, or an immediate family member thereof, knows or 30 has reason to know is other than a service or discount that is 20040S1209B1947 - 22 -
1 offered to members of the general public in like circumstances 2 while the individual is an executive-level State employee, 3 public official or party officer. 4 (a.3) Grading.--An individual who violates this section 5 commits a misdemeanor and shall, upon conviction, be sentenced 6 to pay a fine of not more than $1,000 or to imprisonment for not 7 more than one year, or both. 8 (a.4) Divestiture.--An executive-level State employee, 9 public official or party officer, or an immediate family member 10 thereof, who holds a financial interest prohibited by this 11 section shall divest the financial interest within three months 12 of the effectuation of the restrictions set forth in subsection 13 (a), as applicable. 14 (a.5) List of applicants.--The board shall publish monthly 15 in the Pennsylvania Bulletin and on its Internet website a list 16 of applicants for slot machine licenses, supplier licenses and, <-- 17 manufacturer licenses AND OF THE AFFILIATES, INTERMEDIARIES, <-- 18 SUBSIDIARIES AND HOLDING COMPANIES OF THE APPLICANTS. 19 (b) Definitions.--As used in this section, the following 20 words and phrases shall have the meanings given to them in this 21 subsection: 22 "Executive-level State employee." The Governor, Lieutenant 23 Governor, cabinet members, deputy secretaries, the Governor's 24 office executive staff, any State employee with discretionary 25 powers which may affect the outcome of a State agency's decision 26 in relation to a private corporation or business, with respect 27 to any matter covered by this part or any executive employee who 28 by virtue of his job function could influence the outcome of 29 such a decision. 30 "Financial interest." Owning or holding OR BEING DEEMED TO <-- 20040S1209B1947 - 23 -
1 HOLD DEBT OR EQUITY securities [exceeding 1% of the equity or 2 fair market value of the] of, OR OTHER OWNERSHIP INTEREST OR <-- 3 PROFITS INTEREST IN, a licensed racing entity, manufacturer 4 licensee, supplier licensee or licensed gaming entity, its 5 holding company, affiliate, intermediary or subsidiary business 6 or an applicant for such a license. A financial interest shall 7 not include any [such stock that is held in a blind trust over 8 which the executive-level State employee, public official, party 9 officer or immediate family member thereof may not exercise any 10 managerial control or receive income during the tenure of office 11 and the period under subsection (a).] of the following: 12 (1) A stock that is held in a blind trust over which the 13 executive-level State employee, public official or party 14 officer, or an immediate family member thereof, may not 15 exercise managerial control or receive income during the 16 tenure of office and the period under subsection (a). 17 (2) An interest held through a defined benefit pension 18 plan OR A DEFINED CONTRIBUTION BENEFIT PENSION PLAN. <-- 19 (3) An interest held through a tuition account plan 20 organized and operated pursuant to section 529 of the 21 Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § 22 1 et seq.). 23 (4) An interest held in a mutual fund where the interest 24 owned by the individual fund in the licensed gaming entity <-- 25 does not amount to control of the licensed gaming entity as <-- 26 defined by the Investment Company Act of 1940 54 Stat. 789, 27 15 U.S.C. § 80a-1 et seq.). 28 "Immediate family." A parent, spouse, minor or unemancipated 29 child, brother or sister. 30 "Party officer." A member of a national committee; a 20040S1209B1947 - 24 -
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; or a city chairman, vice 5 chairman, counsel, secretary or treasurer of a city committee. 6 "Public official." Any person elected by the public or 7 elected or appointed by a governmental body or an appointed 8 official in the executive, legislative or judicial branch of 9 this Commonwealth or any political subdivision thereof, provided 10 that it shall not include members of advisory boards that have 11 no authority to expend public funds other than reimbursement for 12 personal expense or to otherwise exercise the power of the 13 Commonwealth or any political subdivision [or commissioner of 14 any authority or joint-state commission]. 15 Section 7. Section 1517(d) of Title 4, added July 5, 2004 16 (P.L.572, No.71), is amended and the section is amended by 17 adding subsections to read: 18 § 1517. Enforcement. 19 * * * 20 (c.1) Powers and duties of Attorney General.--Within the 21 Office of Attorney General, the Attorney General shall establish 22 a gaming division. The division shall investigate and institute 23 criminal proceedings as authorized by subsection (d). 24 (d) Criminal action.-- 25 (1) The district attorneys of the several counties shall 26 have authority to investigate and to institute criminal 27 proceedings for [any] a violation of this part. 28 (2) In addition to the authority conferred upon the 29 Attorney General [by] under the act of October 15, 1980 30 (P.L.950, No.164), known as the Commonwealth Attorneys Act, 20040S1209B1947 - 25 -
1 the Attorney General shall have the authority to investigate 2 and, following consultation with the appropriate district 3 attorney, to institute criminal proceedings for [any] a 4 violation of this part. [or any series of such violations 5 involving any county of this Commonwealth and another state. 6 No] A person charged with a violation of this part by the 7 Attorney General shall not have standing to challenge the 8 authority of the Attorney General to investigate or prosecute 9 the case, and, if any such challenge is made, the challenge 10 shall be dismissed and no relief shall be available in the 11 courts of this Commonwealth to the person making the 12 challenge. 13 (d.1) Regulatory action.--Nothing contained in subsection 14 (d) shall be construed to limit the existing regulatory or 15 investigative authority of a department or agency of the 16 Commonwealth whose functions relate to persons or matters 17 falling within the scope of this part. 18 * * * 19 SECTION 7.1. SECTION 1518(A)(2)(II) OF TITLE 4, ADDED JULY <-- 20 5, 2004 (P.L.572, NO.71), IS AMENDED TO READ: 21 § 1518. PROHIBITED ACTS; PENALTIES. 22 (A) CRIMINAL OFFENSES.-- 23 * * * 24 (2) IT IS UNLAWFUL FOR A PERSON TO WILLFULLY: 25 * * * 26 (II) ATTEMPT IN ANY MANNER TO EVADE OR DEFEAT ANY 27 LICENSE FEE, TAX OR ASSESSMENT IMPOSED UNDER THIS [PARTY] 28 PART. 29 * * * 30 Section 8. Section 911(h)(1) of Title 18 is amended to read: 20040S1209B1947 - 26 -
1 § 911. Corrupt organizations. 2 * * * 3 (h) Definitions.--As used in this section: 4 (1) "Racketeering activity" means all of the following: 5 (i) [any] An act which is indictable under any of 6 the following provisions of this title: 7 Chapter 25 (relating to criminal homicide) 8 Section 2706 (relating to terroristic threats) 9 Chapter 29 (relating to kidnapping) 10 Chapter 33 (relating to arson, etc.) 11 Chapter 37 (relating to robbery) 12 Chapter 39 (relating to theft and related 13 offenses) 14 Section 4108 (relating to commercial bribery and 15 breach of duty to act disinterestedly) 16 Section 4109 (relating to rigging publicly 17 exhibited contest) 18 Section 4117 (relating to insurance fraud) 19 Chapter 47 (relating to bribery and corrupt 20 influence) 21 Chapter 49 (relating to falsification and 22 intimidation) 23 Section 5111 (relating to dealing in proceeds of 24 unlawful activities) 25 Section 5512 through 5514 (relating to gambling) 26 Chapter 59 (relating to public indecency). 27 (ii) [any] An offense indictable under section 13 of 28 the act of April 14, 1972 (P.L.233, No.64), known as The 29 Controlled Substance, Drug, Device and Cosmetic Act 30 (relating to the sale and dispensing of narcotic 20040S1209B1947 - 27 -
1 drugs)[;]. 2 (iii) [any] A conspiracy to commit any of the 3 offenses set forth in subparagraphs (i) [and (ii) of this 4 paragraph; or], (ii) or (v). 5 (iv) [the] The collection of any money or other 6 property in full or partial satisfaction of a debt which 7 arose as the result of the lending of money or other 8 property at a rate of interest exceeding 25% per annum or 9 the equivalent rate for a longer or shorter period, where 10 not otherwise authorized by law. 11 (v) An offense indictable under 4 Pa.C.S. Pt. II 12 (relating to gaming). 13 [Any] An act which otherwise would be considered racketeering 14 activity by reason of the application of this paragraph, 15 shall not be excluded from its application solely because the 16 operative acts took place outside the jurisdiction of this 17 Commonwealth, if such acts would have been in violation of 18 the law of the jurisdiction in which they occurred. 19 * * * 20 SECTION 1. THE DEFINITIONS OF "CONTROLLING INTEREST," <-- 21 "INSTITUTIONAL INVESTOR," "LICENSED FACILITY" AND "SUPPLIER" IN 22 SECTION 1103 OF TITLE 4 OF THE PENNSYLVANIA CONSOLIDATED 23 STATUTES, ADDED JULY 5, 2004 (P.L.572, NO.71), ARE AMENDED AND 24 THE SECTION IS AMENDED BY ADDING A DEFINITION TO READ: 25 § 1103. DEFINITIONS. 26 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS PART SHALL 27 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 28 CONTEXT CLEARLY INDICATES OTHERWISE: 29 * * * 30 "CONTROLLING INTEREST." A PERSON SHALL BE DEEMED TO HAVE 20040S1209B1947 - 28 -
1 [THE ABILITY TO CONTROL A PUBLICLY TRADED CORPORATION, OR TO 2 ELECT] A CONTROLLING INTEREST IN AN ENTITY IF THE PERSON'S SOLE 3 VOTING RIGHTS, AS PROVIDED BY APPLICABLE STATE LAW OR CORPORATE 4 ARTICLES OR BYLAWS, ENTITLE THE PERSON TO ELECT OR APPOINT ONE 5 OR MORE OF THE MEMBERS OF ITS BOARD OF DIRECTORS [, IF SUCH 6 HOLDER] OR OTHER GOVERNING BODY OR IF THE PERSON OWNS OR 7 BENEFICIALLY HOLDS 5% OR MORE OF THE SECURITIES OF [SUCH] A 8 PUBLICLY TRADED DOMESTIC OR FOREIGN CORPORATION[,] OR HOLDS 5% 9 OR MORE OWNERSHIP OR VOTING INTEREST IN A PARTNERSHIP, LIMITED 10 LIABILITY COMPANY OR ANY OTHER FORM OF LEGAL ENTITY, UNLESS SUCH 11 PRESUMPTION OF CONTROL OR ABILITY TO ELECT IS REBUTTED BY CLEAR 12 AND CONVINCING EVIDENCE. [A PERSON WHO IS A HOLDER OF SECURITIES 13 OF A PRIVATELY HELD DOMESTIC OR FOREIGN CORPORATION, 14 PARTNERSHIP, LIMITED LIABILITY COMPANY OR ANY OTHER FORM OF 15 LEGAL ENTITY SHALL BE DEEMED TO POSSESS A CONTROLLING INTEREST 16 UNLESS SUCH PRESUMPTION OF CONTROL IS REBUTTED BY CLEAR AND 17 CONVINCING EVIDENCE.] 18 * * * 19 "INSTITUTIONAL INVESTOR." ANY RETIREMENT FUND ADMINISTERED 20 BY A PUBLIC AGENCY FOR THE EXCLUSIVE BENEFIT OF FEDERAL, STATE 21 OR LOCAL PUBLIC EMPLOYEES, INVESTMENT COMPANY REGISTERED UNDER 22 THE INVESTMENT COMPANY ACT OF 1940 (54 STAT. 789, 15 U.S.C. § 23 80A-1 ET SEQ.), COLLECTIVE INVESTMENT TRUST ORGANIZED BY BANKS 24 UNDER PART NINE OF THE RULES OF THE COMPTROLLER OF THE CURRENCY, 25 CLOSED-END INVESTMENT TRUST, CHARTERED OR LICENSED LIFE 26 INSURANCE COMPANY OR PROPERTY AND CASUALTY INSURANCE COMPANY, 27 BANKING AND OTHER CHARTERED OR LICENSED LENDING INSTITUTION[, 28 INVESTMENT ADVISOR REGISTERED UNDER THE INVESTMENT ADVISORS ACT 29 OF 1940 (54 STAT. 847, 15 U.S.C. § 80B-1 ET SEQ.)] AND SUCH 30 OTHER COMPARABLE PERSONS AS THE PENNSYLVANIA GAMING CONTROL 20040S1209B1947 - 29 -
1 BOARD MAY [DETERMINE] ESTABLISH BY REGULATION CONSISTENT WITH 2 THIS PART. 3 * * * 4 "LICENSED FACILITY." THE PHYSICAL LAND-BASED LOCATION AND 5 ASSOCIATED AREAS AT WHICH A LICENSED GAMING ENTITY IS AUTHORIZED 6 TO PLACE AND OPERATE SLOT MACHINES. THE TERM DOES NOT INCLUDE A 7 NONPRIMARY LOCATION. 8 * * * 9 "MEMBER." AN INDIVIDUAL APPOINTED TO THE PENNSYLVANIA GAMING 10 CONTROL BOARD PURSUANT TO SECTION 1201(B) (RELATING TO 11 PENNSYLVANIA GAMING CONTROL BOARD). 12 * * * 13 "SUPPLIER." A PERSON THAT SELLS, LEASES, OFFERS OR OTHERWISE 14 PROVIDES, DISTRIBUTES OR SERVICES ANY SLOT MACHINE IN THIS 15 COMMONWEALTH. THE TERM DOES NOT INCLUDE A PERSON WHO SELLS SLOT 16 MONITORING SYSTEMS, CASINO MANAGEMENT SYSTEMS, PLAYER TRACKING 17 SYSTEMS AND WIDE-AREA PROGRESSIVE SYSTEMS. 18 * * * 19 SECTION 2. SECTION 1201 HEADING AND (F)(3), (H)(7) AND (L) 20 OF TITLE 4, ADDED JULY 5, 2004 (P.L.572, NO.71), ARE AMENDED AND 21 THE SECTION IS AMENDED BY ADDING PARAGRAPHS TO READ: 22 § 1201. PENNSYLVANIA GAMING CONTROL BOARD [ESTABLISHED]. 23 * * * 24 (F) QUALIFIED MAJORITY VOTE.-- 25 * * * 26 (3) NOTWITHSTANDING ANY OTHER PROVISION [TO THE 27 CONTRARY] OF THIS PART OR 65 PA.C.S. § 1103(J) (RELATING TO 28 RESTRICTED ACTIVITIES), A MEMBER SHALL DISCLOSE THE NATURE OF 29 HIS DISQUALIFYING INTEREST, DISQUALIFY HIMSELF AND ABSTAIN 30 FROM VOTING IN A PROCEEDING IN WHICH HIS OR HER IMPARTIALITY 20040S1209B1947 - 30 -
1 MAY BE REASONABLY QUESTIONED, INCLUDING, BUT NOT LIMITED TO, 2 INSTANCES WHERE HE OR SHE KNOWS THAT THEY POSSESS A 3 SUBSTANTIAL FINANCIAL INTEREST IN THE SUBJECT MATTER OF THE 4 PROCEEDING OR ANY OTHER INTEREST THAT COULD BE SUBSTANTIALLY 5 AFFECTED BY THE OUTCOME OF THE PROCEEDING. IN SUCH 6 CIRCUMSTANCES IN WHICH IT IS A LEGISLATIVE APPOINTEE MEMBER 7 THAT HAS DISQUALIFIED HIMSELF OR HERSELF, THE QUALIFIED 8 MAJORITY SHALL CONSIST OF THE REMAINING THREE LEGISLATIVE 9 APPOINTEES AND AT LEAST TWO GUBERNATORIAL APPOINTEES. 10 * * * 11 (H) [QUALIFICATIONS AND RESTRICTIONS] RESTRICTIONS.-- 12 * * * 13 [(7) AT THE TIME OF APPOINTMENT AND ANNUALLY THEREAFTER, 14 EACH MEMBER SHALL DISCLOSE THE EXISTENCE OF ALL OWNERSHIP 15 INTERESTS IN LICENSED FACILITIES AND ALL SECURITIES IN ANY 16 LICENSED ENTITY OR APPLICANT, ITS AFFILIATES OR SUBSIDIARIES 17 HELD BY THE MEMBER, THE MEMBER'S SPOUSE AND ANY MINOR OR 18 UNEMANCIPATED CHILDREN AND MUST DIVEST SUCH OWNERSHIP 19 INTERESTS IN LICENSED FACILITIES OR SECURITIES PRIOR TO AN 20 APPOINTMENT BECOMING FINAL. A MEMBER MAY NOT ACQUIRE ANY 21 SECURITY IN ANY LICENSED ENTITY, ITS AFFILIATES OR 22 SUBSIDIARIES DURING THE MEMBER'S TENURE. THE DISCLOSURE 23 STATEMENT SHALL BE FILED WITH THE EXECUTIVE DIRECTOR OF THE 24 BOARD AND WITH THE APPOINTING AUTHORITY FOR SUCH MEMBER AND 25 SHALL BE OPEN TO INSPECTION BY THE PUBLIC AT THE OFFICE OF 26 THE BOARD DURING THE NORMAL BUSINESS HOURS OF THE BOARD 27 DURING THE TENURE OF THE MEMBER AND FOR TWO YEARS AFTER THE 28 MEMBER LEAVES OFFICE.] 29 (7) (I) AT THE TIME OF APPOINTMENT, AND ANNUALLY 30 THEREAFTER, EACH MEMBER OF THE BOARD SHALL DISCLOSE THE 20040S1209B1947 - 31 -
1 EXISTENCE OF ANY FINANCIAL INTERESTS AND ANY PROPERTY, 2 LEASEHOLD OR OTHER BENEFICIAL INTEREST IN ANY SLOT 3 MACHINE LICENSE APPLICANT, MANUFACTURER LICENSE 4 APPLICANT, SUPPLIER LICENSE APPLICANT, LICENSED ENTITY OR 5 LICENSED FACILITY AND IN ANY HOLDING COMPANIES, 6 AFFILIATES, INTERMEDIARIES OR SUBSIDIARY BUSINESSES 7 THEREOF, WHICH ARE HELD BY THE MEMBER OR THE IMMEDIATE 8 FAMILY OF THE MEMBER. THE DISCLOSURE STATEMENT SHALL BE 9 FILED WITH THE EXECUTIVE DIRECTOR OF THE BOARD AND WITH 10 THE APPOINTING AUTHORITY OF THE MEMBER. THE DISCLOSURE 11 STATEMENT SHALL BE OPEN TO INSPECTION BY THE PUBLIC AT 12 THE OFFICE OF THE BOARD DURING THE NORMAL BUSINESS HOURS 13 OF THE BOARD DURING THE MEMBER'S TERM ON THE BOARD AND 14 CONTINUING FOR TWO YEARS AFTER THE MEMBER LEAVES OFFICE. 15 PRIOR TO THE MEMBER'S APPOINTMENT BECOMING FINAL, ANY 16 FINANCIAL INTEREST AND ANY PROPERTY, LEASEHOLD, OWNERSHIP 17 OR OTHER BENEFICIAL INTEREST IN ANY SLOT MACHINE LICENSE 18 APPLICANT, MANUFACTURER LICENSE APPLICANT, SUPPLIER 19 LICENSE APPLICANT, LICENSED ENTITY OR LICENSED FACILITY 20 AND IN ANY HOLDING COMPANIES, AFFILIATES, INTERMEDIARIES 21 OR SUBSIDIARY BUSINESSES THEREOF, OWNED OR HELD BY THE 22 MEMBER OR THE IMMEDIATE FAMILY OF THE MEMBER MUST BE 23 DIVESTED. DURING THE MEMBER'S TERM AND CONTINUING FOR ONE 24 YEAR THEREAFTER, THE MEMBER AND THE IMMEDIATE FAMILY OF 25 THE MEMBER MAY NOT ACQUIRE BY PURCHASE, GIFT, EXCHANGE OR 26 OTHERWISE, ANY FINANCIAL INTEREST NOR ANY PROPERTY, 27 LEASEHOLD, OWNERSHIP OR OTHER BENEFICIAL INTEREST IN ANY 28 SLOT MACHINE LICENSE APPLICANT, MANUFACTURER LICENSE 29 APPLICANT, SUPPLIER LICENSE APPLICANT, LICENSED ENTITY OR 30 LICENSED FACILITY OR IN ANY HOLDING COMPANIES, 20040S1209B1947 - 32 -
1 AFFILIATES, INTERMEDIARIES OR SUBSIDIARY BUSINESSES 2 THEREOF. 3 (II) AS USED IN THIS PARAGRAPH, THE FOLLOWING WORDS 4 AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 5 SUBPARAGRAPH: 6 "FINANCIAL INTEREST." OWNING OR HOLDING OR BEING 7 DEEMED TO HOLD DEBT OR EQUITY SECURITIES OR OTHER 8 OWNERSHIP INTEREST OR PROFITS INTEREST. 9 "IMMEDIATE FAMILY." THE TERM SHALL HAVE THE SAME 10 MEANING GIVEN TO IT IN SECTION 1512 (RELATING TO 11 PUBLIC OFFICIAL FINANCIAL INTEREST). 12 (7.1) (I) AT THE TIME OF EMPLOYMENT, AND ANNUALLY 13 THEREAFTER, EACH EMPLOYEE OR CONTRACT EMPLOYEE OF THE 14 BOARD SHALL DISCLOSE THE EXISTENCE OF ANY FINANCIAL 15 INTEREST AND ANY PROPERTY, LEASEHOLD OR OTHER BENEFICIAL 16 INTEREST IN ANY SLOT MACHINE LICENSE APPLICANT, 17 MANUFACTURER LICENSE APPLICANT, SUPPLIER LICENSE 18 APPLICANT, LICENSED ENTITY OR LICENSED FACILITY AND IN 19 ANY HOLDING COMPANIES, AFFILIATES, INTERMEDIARIES OR 20 SUBSIDIARY BUSINESSES THEREOF, WHICH ARE HELD BY THE 21 EMPLOYEE OR CONTRACT EMPLOYEE OR THE IMMEDIATE FAMILY OF 22 THE EMPLOYEE OR CONTRACT EMPLOYEE. THE DISCLOSURE 23 STATEMENT SHALL BE FILED WITH THE EXECUTIVE DIRECTOR OF 24 THE BOARD. THE DISCLOSURE STATEMENT SHALL BE OPEN TO 25 INSPECTION BY THE PUBLIC AT THE OFFICE OF THE BOARD 26 DURING NORMAL BUSINESS HOURS OF THE BOARD DURING THE 27 EMPLOYEE'S OR CONTRACT EMPLOYEE'S EMPLOYMENT WITH THE 28 BOARD AND CONTINUING FOR TWO YEARS AFTER THE EMPLOYEE OR 29 CONTRACT EMPLOYEE TERMINATES EMPLOYMENT WITH THE BOARD. 30 PRIOR TO COMMENCING EMPLOYMENT, ANY FINANCIAL INTEREST 20040S1209B1947 - 33 -
1 AND ANY PROPERTY, LEASEHOLD, OWNERSHIP OR OTHER 2 BENEFICIAL INTEREST IN ANY SLOT MACHINE LICENSE 3 APPLICANT, MANUFACTURER LICENSE APPLICANT, SUPPLIER 4 LICENSE APPLICANT, LICENSED ENTITY OR LICENSED FACILITY 5 AND IN ANY HOLDING COMPANIES, AFFILIATES, INTERMEDIARIES 6 OR SUBSIDIARY BUSINESSES THEREOF, OWNED OR HELD BY THE 7 EMPLOYEE OR CONTRACT EMPLOYEE OR THE IMMEDIATE FAMILY OF 8 THE EMPLOYEE OR CONTRACT EMPLOYEE MUST BE DIVESTED. 9 DURING THE EMPLOYEE'S OR CONTRACT EMPLOYEE'S EMPLOYMENT 10 AND CONTINUING FOR ONE YEAR THEREAFTER, THE EMPLOYEE OR 11 CONTRACT EMPLOYEE AND THE IMMEDIATE FAMILY OF THE 12 EMPLOYEE OR CONTRACT EMPLOYEE MAY NOT ACQUIRE BY 13 PURCHASE, GIFT, EXCHANGE OR OTHERWISE, ANY FINANCIAL 14 INTEREST NOR ANY PROPERTY, LEASEHOLD, OWNERSHIP OR OTHER 15 BENEFICIAL INTEREST IN ANY SLOT MACHINE LICENSE 16 APPLICANT, MANUFACTURER LICENSE APPLICANT, SUPPLIER 17 LICENSE APPLICANT, LICENSED ENTITY OR LICENSED FACILITY 18 OR IN ANY HOLDING COMPANIES, AFFILIATES, INTERMEDIARIES 19 OR SUBSIDIARY BUSINESSES THEREOF. 20 (II) AS USED IN THIS PARAGRAPH, THE FOLLOWING WORDS 21 AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 22 SUBPARAGRAPH: 23 "FINANCIAL INTEREST." OWNING OR HOLDING OR BEING 24 DEEMED TO HOLD DEBT OR EQUITY SECURITIES OR OTHER 25 OWNERSHIP INTEREST OR PROFITS INTEREST. 26 "IMMEDIATE FAMILY." THE TERM SHALL HAVE THE SAME 27 MEANING GIVEN TO IT IN SECTION 1512 (RELATING TO 28 PUBLIC OFFICIAL FINANCIAL INTEREST). 29 * * * 30 (13) NO PERSON MAY BE EMPLOYED, WHETHER AS AN EMPLOYEE 20040S1209B1947 - 34 -
1 OR A CONTRACT EMPLOYEE, BY THE BOARD UNTIL THE BOARD RECEIVES 2 A BACKGROUND INVESTIGATION CONDUCTED ON THE PERSON IN 3 ACCORDANCE WITH THIS PART. 4 (14) NO MEMBER SHALL HOLD OR CAMPAIGN FOR ANY OTHER 5 PUBLIC OFFICE, HOLD OFFICE IN ANY POLITICAL PARTY OR 6 POLITICAL COMMITTEE OR ACTIVELY PARTICIPATE IN ANY POLITICAL 7 CAMPAIGN. 8 (15) NO EMPLOYEE OF THE BOARD SHALL HOLD OR CAMPAIGN FOR 9 PUBLIC OFFICE, HOLD OFFICE IN ANY POLITICAL PARTY OR 10 POLITICAL COMMITTEE OR ACTIVELY PARTICIPATE IN OR CONTRIBUTE 11 TO ANY POLITICAL CAMPAIGN. 12 * * * 13 [(L) DISCLOSURE STATEMENTS.--MEMBERS AND EMPLOYEES OF THE 14 BOARD ARE SUBJECT TO THE PROVISIONS OF 65 PA.C.S. CH. 11 15 (RELATING TO ETHICS STANDARDS AND FINANCIAL DISCLOSURE) AND THE 16 ACT OF JULY 19, 1957 (P.L.1017, NO.451), KNOWN AS THE STATE 17 ADVERSE INTEREST ACT.] 18 SECTION 3. TITLE 4 IS AMENDED BY ADDING SECTIONS TO READ: 19 § 1201.1. APPLICABILITY OF OTHER STATUTES. 20 THE FOLLOWING SHALL APPLY: 21 (1) THE FOLLOWING ACTS SHALL APPLY TO THE BOARD, ITS 22 MEMBERS AND EMPLOYEES: 23 (I) ACT OF JUNE 21, 1957 (P.L.390, NO.212), REFERRED 24 TO AS THE RIGHT-TO-KNOW LAW. 25 (II) ACT OF JULY 19, 1957 (P.L.1017, NO.451), KNOWN 26 AS THE STATE ADVERSE INTEREST ACT. 27 (III) THE PROVISIONS OF 65 PA.C.S. CHS. 7 (RELATING 28 TO OPEN MEETINGS) AND 11 (RELATING TO ETHICS STANDARDS 29 AND FINANCIAL DISCLOSURE). 30 (2) THE BOARD SHALL BE CONSIDERED AN "INDEPENDENT 20040S1209B1947 - 35 -
1 AGENCY" FOR THE PURPOSES OF ALL OF THE FOLLOWING: 2 (I) ACT OF OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN 3 AS THE COMMONWEALTH ATTORNEYS ACT. 4 (II) THE PROVISIONS OF 62 PA.C.S. PT. I (RELATING TO 5 COMMONWEALTH PROCUREMENT CODE). 6 (3) THE BOARD SHALL BE CONSIDERED AN "AGENCY" FOR THE 7 PURPOSES OF ALL OF THE FOLLOWING: 8 (I) ACT OF JULY 31, 1968 (P.L.769, NO.240), REFERRED 9 TO AS THE COMMONWEALTH DOCUMENTS LAW. 10 (II) ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN 11 AS THE REGULATORY REVIEW ACT. 12 § 1201.2. REVIEW OF DEEDS, LEASES AND CONTRACTS. 13 (A) TIMING.--REVIEW OF A DEED, LEASE OR CONTRACT OF THE 14 BOARD BY THE ATTORNEY GENERAL UNDER THE ACT OF OCTOBER 15, 1980 15 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT, MUST 16 BE COMPLETED WITHIN 30 DAYS OF DELIVERY OF THE DEED, LEASE OR 17 CONTRACT BY THE BOARD TO THE ATTORNEY GENERAL. 18 (B) LIMITATION.--AN ISSUE NOT RAISED BY THE ATTORNEY GENERAL 19 DURING THE REVIEW PERIOD REQUIRED BY SUBSECTION (A) IS DEEMED 20 WAIVED. 21 SECTION 4. SECTIONS 1202 HEADING AND (A), 1203 AND 1206(A), 22 (D) AND (F) OF TITLE 4, ADDED JULY 5, 2004 (P.L.572, NO.71), ARE 23 AMENDED TO READ: 24 § 1202. [GENERAL AND SPECIFIC POWERS] POWERS AND DUTIES. 25 (A) GENERAL POWERS.--THE BOARD SHALL HAVE GENERAL 26 JURISDICTION OVER ALL GAMING ACTIVITIES OR RELATED ACTIVITIES AS 27 DESCRIBED IN THIS PART. THE BOARD SHALL BE RESPONSIBLE TO ENSURE 28 THE INTEGRITY OF THE ACQUISITION AND OPERATION OF SLOT MACHINES 29 AND ASSOCIATED EQUIPMENT AND SHALL HAVE JURISDICTION OVER EVERY 30 ASPECT OF THE AUTHORIZATION AND OPERATION OF SLOT MACHINES. THE 20040S1209B1947 - 36 -
1 BOARD SHALL EMPLOY AN EXECUTIVE DIRECTOR, CHIEF COUNSEL, 2 DEPUTIES, SECRETARIES, OFFICERS, HEARING OFFICERS AND AGENTS AS 3 IT MAY DEEM NECESSARY, WHO SHALL SERVE AT THE BOARD'S PLEASURE. 4 THE BOARD SHALL ALSO EMPLOY OTHER EMPLOYEES AS IT DEEMS 5 APPROPRIATE WHOSE DUTIES SHALL BE DETERMINED BY THE BOARD. THE 6 BOARD SHALL ESTABLISH AND PUBLISH IN THE PENNSYLVANIA BULLETIN 7 AND ON ITS INTERNET WEBSITE A CLASSIFICATION OF ITS EMPLOYEES. 8 THE CLASSIFICATION SHALL INCLUDE THE SCOPE OF THE BACKGROUND 9 INVESTIGATIONS REQUIRED BY SECTION 1201(H)(13) (RELATING TO 10 PENNSYLVANIA GAMING CONTROL BOARD) FOR EACH CLASS OF EMPLOYEES 11 AND CONTRACT EMPLOYEES OF THE BOARD. IN ORDER TO ENSURE THE 12 ABILITY OF THE BOARD TO RECRUIT AND RETAIN INDIVIDUALS NECESSARY 13 TO EXECUTE ITS RESPONSIBILITIES UNDER THIS PART, THE BOARD SHALL 14 SET THE CLASSIFICATION AND COMPENSATION OF ITS EMPLOYEES AND 15 SHALL NOT BE SUBJECT TO THE PROVISIONS OF THE ACT OF APRIL 9, 16 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF 17 1929, AS TO CLASSIFICATION AND COMPENSATION FOR ITS EMPLOYEES 18 AND CONDUCT ITS ACTIVITIES CONSISTENT WITH THE PRACTICES AND 19 PROCEDURES OF COMMONWEALTH AGENCIES. [FOR THE PURPOSES OF THE 20 ACT OF OCTOBER 15, 1980 (P.L.950, NO.164), KNOWN AS THE 21 COMMONWEALTH ATTORNEYS ACT, THE BOARD SHALL NOT BE CONSIDERED AN 22 EXECUTIVE OR INDEPENDENT AGENCY.] THE BOARD SHALL HAVE SUCH 23 OTHER POWERS AND AUTHORITY NECESSARY TO CARRY OUT ITS DUTIES AND 24 THE OBJECTIVES OF THIS PART. 25 * * * 26 § 1203. TEMPORARY REGULATIONS. 27 (A) PROMULGATION.--[NOTWITHSTANDING ANY OTHER PROVISION OF 28 LAW TO THE CONTRARY AND IN] IN ORDER TO FACILITATE THE PROMPT 29 IMPLEMENTATION OF THIS PART, [REGULATIONS PROMULGATED BY THE 30 BOARD DURING THE TWO YEARS FOLLOWING THE EFFECTIVE DATE OF THIS 20040S1209B1947 - 37 -
1 PART SHALL BE DEEMED TEMPORARY REGULATIONS WHICH SHALL EXPIRE NO 2 LATER THAN THREE YEARS FOLLOWING THE EFFECTIVE DATE OF THIS PART 3 OR UPON PROMULGATION OF REGULATIONS AS GENERALLY PROVIDED BY 4 LAW. THE TEMPORARY REGULATIONS SHALL NOT BE] THE BOARD MAY 5 PROMULGATE REGULATIONS NOT SUBJECT TO: 6 (1) SECTIONS 201 [THROUGH 205], 202 AND 203 OF THE ACT 7 OF JULY 31, 1968 (P.L.769, NO.240), REFERRED TO AS THE 8 COMMONWEALTH DOCUMENTS LAW. 9 (2) THE ACT OF JUNE 25, 1982 (P.L.633, NO.181), KNOWN AS 10 THE REGULATORY REVIEW ACT. 11 (B) EXPIRATION.--[THE AUTHORITY PROVIDED TO THE BOARD TO 12 ADOPT TEMPORARY REGULATIONS IN] REGULATIONS PROMULGATED IN 13 ACCORDANCE WITH SUBSECTION (A) SHALL EXPIRE [TWO] THREE YEARS 14 FROM THE EFFECTIVE DATE OF THIS SECTION. [REGULATIONS ADOPTED 15 AFTER THE TWO-YEAR PERIOD SHALL BE PROMULGATED AS PROVIDED BY 16 LAW.] 17 § 1206. BOARD MINUTES AND RECORDS. 18 [(A) OPEN PROCEEDINGS AND RECORDS.--THE PROCEEDINGS OF THE 19 BOARD SHALL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF 65 20 PA.C.S. CH. 7 (RELATING TO OPEN MEETINGS). THE BOARD SHALL BE AN 21 AGENCY FOR PURPOSES OF THE ACT OF JUNE 21, 1957 (P.L.390, 22 NO.212), REFERRED TO AS THE RIGHT-TO-KNOW LAW. NOTWITHSTANDING 23 ANY PROVISION OF LAW TO THE CONTRARY, CONFIDENTIAL DOCUMENTS 24 RELATIVE TO PERSONAL BACKGROUND INFORMATION PROVIDED TO THE 25 BOARD PURSUANT TO THIS PART AND ANY CLOSED DELIBERATIONS OF THE 26 BOARD, INCLUDING DISCIPLINARY PROCEEDINGS, SHALL BE CONFIDENTIAL 27 AND CONSIDERED IN CLOSED EXECUTIVE SESSION PURSUANT TO 28 SUBSECTION (F).] 29 * * * 30 (D) APPLICANT INFORMATION.-- 20040S1209B1947 - 38 -
1 (1) THE BOARD SHALL [KEEP AND] MAINTAIN A LIST OF [ALL] 2 APPLICANTS FOR LICENSES AND [PERMITS UNDER THIS PART TOGETHER 3 WITH] PERMITS. THE LIST SHALL INCLUDE A RECORD OF ALL ACTIONS 4 TAKEN WITH RESPECT TO [THE APPLICANTS, WHICH FILE AND RECORD] 5 EACH APPLICANT. THE LIST SHALL BE OPEN TO PUBLIC INSPECTION 6 DURING NORMAL BUSINESS HOURS OF THE BOARD. 7 (2) INFORMATION UNDER PARAGRAPH (1) REGARDING ANY 8 APPLICANT WHOSE LICENSE OR PERMIT HAS BEEN DENIED, REVOKED OR 9 NOT RENEWED SHALL BE REMOVED FROM SUCH LIST AFTER SEVEN YEARS 10 FROM THE DATE OF THE ACTION. 11 * * * 12 (F) CONFIDENTIALITY OF INFORMATION.--[ALL INFORMATION 13 CONTAINED IN THE APPLICATION PROCESS PURSUANT TO SECTION 1310(A) 14 (RELATING TO SLOT MACHINE LICENSE APPLICATION CHARACTER 15 REQUIREMENTS) AND THE REPORT OF AN APPLICANT'S] AN APPLICANT'S 16 PROPRIETARY INFORMATION, TRADE SECRETS, ARCHITECTURE AND 17 ENGINEERING PLANS, SECURITY AND SURVEILLANCE SYSTEMS AND 18 BACKGROUND INVESTIGATION, FURNISHED TO OR OBTAINED BY THE BOARD 19 OR THE BUREAU FROM ANY SOURCE SHALL BE CONSIDERED CONFIDENTIAL. 20 [AND SHALL BE WITHHELD FROM PUBLIC DISCLOSURE IN WHOLE OR IN 21 PART, EXCEPT THAT ANY INFORMATION SHALL BE RELEASED UPON THE 22 LAWFUL ORDER OF A COURT OF COMPETENT JURISDICTION OR, WITH THE 23 APPROVAL OF THE ATTORNEY GENERAL, TO A DULY AUTHORIZED LAW 24 ENFORCEMENT AGENCY OR SHALL BE RELEASED TO THE PUBLIC, IN WHOLE 25 OR IN PART, TO THE EXTENT THAT SUCH RELEASE IS REQUESTED BY AN 26 APPLICANT AND DOES NOT OTHERWISE CONTAIN CONFIDENTIAL 27 INFORMATION ABOUT ANOTHER PERSON. THE BOARD MAY NOT REQUIRE ANY 28 APPLICANT TO WAIVE ANY CONFIDENTIALITY PROVIDED FOR IN THIS 29 SUBSECTION AS A CONDITION FOR THE APPROVAL OF A LICENSE OR ANY 30 OTHER ACTION OF THE BOARD. ANY PERSON WHO VIOLATES THIS 20040S1209B1947 - 39 -
1 SUBSECTION SHALL BE ADMINISTRATIVELY DISCIPLINED BY DISCHARGE, 2 SUSPENSION OR OTHER FORMAL DISCIPLINARY ACTION AS THE BOARD 3 DEEMS APPROPRIATE.] 4 * * * 5 SECTION 4.1. SECTION 1313 OF TITLE 4 IS AMENDED BY ADDING A 6 SUBSECTION TO READ: 7 § 1313. SLOT MACHINE LICENSE APPLICATION FINANCIAL FITNESS 8 REQUIREMENTS. 9 * * * 10 (B.1) FINANCIAL BACKER EXCLUSION.-- 11 (1) EXCEPT AS SET FORTH IN PARAGRAPH (2), THE FINANCIAL 12 BACKERS OF AN APPLICANT OR LICENSEE MAY NOT INCLUDE A 13 RETIREMENT FUND ESTABLISHED FOR THE BENEFIT OF EMPLOYEES AND 14 RETIREES OF: 15 (I) THE COMMONWEALTH; 16 (II) ANY PUBLIC AUTHORITY, COMMISSION, BOARD OR 17 AGENCY, ESTABLISHED BY THE COMMONWEALTH; OR 18 (III) A POLITICAL SUBDIVISION OF THE COMMONWEALTH OR 19 A PUBLIC AUTHORITY ESTABLISHED BY A POLITICAL SUBDIVISION 20 OF THE COMMONWEALTH. 21 (2) PARAGRAPH (1) DOES NOT APPLY TO THE EXTENT THAT THE 22 FINANCIAL BACKING FROM THE RETIREMENT FUND ARISES FROM 23 SECURITIES WHICH ARE: 24 (I) REGISTERED WITH THE SECURITIES AND EXCHANGE 25 COMMISSION; AND 26 (II) PURCHASED BY THE RETIREMENT FUND IN THE 27 SECONDARY MARKET. 28 * * * 29 SECTION 4.2. SECTION 1317 OF TITLE 4, ADDED JULY 5, 2004 30 (P.L.572, NO.71), IS AMENDED TO READ: 20040S1209B1947 - 40 -
1 § 1317. SUPPLIER [AND MANUFACTURER] LICENSES [APPLICATION]. 2 (A) APPLICATION.--[ANY] A PERSON SEEKING TO PROVIDE SLOT 3 MACHINES OR ASSOCIATED EQUIPMENT TO A SLOT MACHINE LICENSEE 4 WITHIN THIS COMMONWEALTH [OR TO MANUFACTURE SLOT MACHINES FOR 5 USE IN THIS COMMONWEALTH] SHALL APPLY TO THE BOARD FOR [EITHER] 6 A SUPPLIER [OR MANUFACTURER] LICENSE. NO PERSON, ITS AFFILIATE, 7 INTERMEDIARY, SUBSIDIARY OR HOLDING COMPANY WHO HAS APPLIED FOR 8 OR IS A HOLDER OF A MANUFACTURER OR SLOT MACHINE LICENSE SHALL 9 BE ELIGIBLE TO APPLY FOR OR HOLD A SUPPLIER LICENSE. A SUPPLIER 10 LICENSEE SHALL ESTABLISH A PRINCIPLE PLACE OF BUSINESS IN THIS 11 COMMONWEALTH WITHIN ONE YEAR OF ISSUANCE OF ITS SUPPLIER LICENSE 12 AND MAINTAIN SUCH DURING THE PERIOD IN WHICH THE LICENSE IS 13 HELD. [NO SLOT MACHINE LICENSEE SHALL ENTER INTO ANY SALE, 14 LEASE, CONTRACT OR ANY OTHER TYPE OF AGREEMENT PROVIDING SLOT 15 MACHINES, PROGRESSIVE SLOT MACHINES, PARTS OR ASSOCIATED 16 EQUIPMENT FOR USE OR PLAY WITH ANY PERSON OTHER THAN A SUPPLIER 17 LICENSED PURSUANT TO THIS SECTION. SLOT MONITORING SYSTEMS, 18 CASINO MANAGEMENT SYSTEMS, PLAYER TRACKING SYSTEMS AND WIDE-AREA 19 PROGRESSIVE SYSTEMS ARE EXCLUDED FROM ANY REQUIREMENTS THAT THEY 20 BE PROVIDED THROUGH A LICENSED SUPPLIER AS SET FORTH IN THIS 21 PART.] 22 (B) REQUIREMENTS.--[THE APPLICATION FOR A SUPPLIER OR 23 MANUFACTURER LICENSE SHALL INCLUDE, AT A MINIMUM:] THE 24 APPLICATION FOR A SUPPLIER LICENSE SHALL BE ON THE FORM REQUIRED 25 BY THE BOARD, ACCOMPANIED BY THE APPLICATION FEE AND SHALL 26 INCLUDE ALL OF THE FOLLOWING: 27 (1) THE NAME AND BUSINESS ADDRESS OF THE APPLICANT[,] 28 AND THE APPLICANT'S AFFILIATES, INTERMEDIARIES, SUBSIDIARIES 29 AND HOLDING COMPANIES; THE DIRECTORS AND OWNERS OF [THE 30 APPLICANT] EACH BUSINESS; AND A LIST OF EMPLOYEES AND THEIR 20040S1209B1947 - 41 -
1 POSITIONS WITHIN [THE] EACH BUSINESS, AS WELL AS ANY 2 FINANCIAL INFORMATION REQUIRED BY THE BOARD. 3 (1.1) A STATEMENT THAT THE APPLICANT OR AN AFFILIATE, 4 INTERMEDIARY, SUBSIDIARY OR HOLDING COMPANY OF THE APPLICANT 5 IS NOT A SLOT MACHINE LICENSEE. 6 (2) THE CONSENT TO A BACKGROUND INVESTIGATION OF THE 7 APPLICANT, ITS OFFICERS, DIRECTORS, OWNERS, KEY EMPLOYEES OR 8 OTHER PERSONS REQUIRED BY THE BOARD AND A RELEASE TO OBTAIN 9 ANY AND ALL INFORMATION NECESSARY FOR THE COMPLETION OF THE 10 BACKGROUND INVESTIGATION. 11 (3) THE DETAILS OF ANY EQUIVALENT LICENSE GRANTED OR 12 DENIED BY OTHER JURISDICTIONS WHERE GAMING ACTIVITIES AS 13 AUTHORIZED BY THIS PART ARE PERMITTED AND CONSENT FOR THE 14 BOARD TO ACQUIRE COPIES OF APPLICATIONS SUBMITTED OR LICENSES 15 ISSUED IN CONNECTION THEREWITH. 16 (4) THE TYPE OF GOODS AND SERVICES TO BE SUPPLIED [OR 17 MANUFACTURED] AND WHETHER THOSE GOODS AND SERVICES WILL BE 18 PROVIDED THROUGH PURCHASE, LEASE, CONTRACT OR OTHERWISE. 19 (5) ANY OTHER INFORMATION DETERMINED BY THE BOARD TO BE 20 APPROPRIATE. 21 (C) REVIEW AND APPROVAL.--UPON BEING SATISFIED THAT THE 22 REQUIREMENTS OF SUBSECTION (B) HAVE BEEN MET, THE BOARD MAY 23 APPROVE THE APPLICATION AND GRANT THE APPLICANT A SUPPLIER 24 LICENSE CONSISTENT WITH ALL OF THE FOLLOWING: 25 (1) THE LICENSE SHALL BE FOR A PERIOD OF ONE YEAR. UPON 26 EXPIRATION, A LICENSE MAY BE RENEWED IN ACCORDANCE WITH 27 SUBSECTION (D). 28 (2) THE LICENSE SHALL BE NONTRANSFERABLE. 29 (3) ANY OTHER CONDITION ESTABLISHED BY THE BOARD. 30 (D) RENEWAL.--SIX MONTHS PRIOR TO EXPIRATION OF A SUPPLIER 20040S1209B1947 - 42 -
1 LICENSE, A SUPPLIER LICENSEE SEEKING RENEWAL OF ITS LICENSE 2 SHALL SUBMIT A RENEWAL APPLICATION ACCOMPANIED BY THE RENEWAL 3 FEE TO THE BOARD. IF THE RENEWAL APPLICATION SATISFIES THE 4 REQUIREMENTS OF SUBSECTION (B), THE BOARD MAY RENEW THE 5 LICENSEE'S SUPPLIER LICENSE. IF THE BOARD RECEIVES A COMPLETE 6 RENEWAL APPLICATION BUT FAILS TO ACT UPON THE RENEWAL 7 APPLICATION PRIOR TO THE EXPIRATION OF THE SUPPLIER LICENSE, THE 8 SUPPLIER LICENSE SHALL CONTINUE IN EFFECT FOR AN ADDITIONAL SIX- 9 MONTH PERIOD OR UNTIL ACTED UPON BY THE BOARD, WHICHEVER OCCURS 10 FIRST. 11 (E) PROHIBITIONS.-- 12 (1) NO PERSON MAY PROVIDE SLOT MACHINES OR ASSOCIATED 13 EQUIPMENT TO A SLOT MACHINE LICENSEE WITHIN THIS COMMONWEALTH 14 UNLESS THE PERSON HAS BEEN ISSUED A SUPPLIER LICENSE UNDER 15 THIS SECTION. 16 (2) NO SLOT MACHINE LICENSEE MAY ACQUIRE, PURCHASE OR 17 LEASE SLOT MACHINES OR ASSOCIATED EQUIPMENT FROM A PERSON 18 UNLESS THE PERSON HAS BEEN ISSUED A SUPPLIER LICENSE UNDER 19 THIS SECTION. 20 SECTION 5. TITLE 4 IS AMENDED BY ADDING A SECTION TO READ: 21 § 1317.1. MANUFACTURER LICENSES. 22 (A) APPLICATION.--A PERSON SEEKING TO MANUFACTURE SLOT 23 MACHINES FOR USE IN THIS COMMONWEALTH SHALL APPLY TO THE BOARD 24 FOR A MANUFACTURER LICENSE. 25 (B) REQUIREMENTS.--THE APPLICATION FOR A MANUFACTURER 26 LICENSE SHALL BE ON THE FORM REQUIRED BY THE BOARD, ACCOMPANIED 27 BY THE APPLICATION FEE AND SHALL INCLUDE ALL OF THE FOLLOWING: 28 (1) THE NAME AND BUSINESS ADDRESS OF THE APPLICANT AND 29 THE APPLICANT'S AFFILIATES, INTERMEDIARIES, SUBSIDIARIES AND 30 HOLDING COMPANIES; THE DIRECTORS AND OWNERS OF EACH BUSINESS; 20040S1209B1947 - 43 -
1 AND A LIST OF EMPLOYEES AND THEIR POSITIONS WITHIN EACH 2 BUSINESS, AS WELL AS ANY FINANCIAL INFORMATION REQUIRED BY 3 THE BOARD. 4 (2) A STATEMENT THAT THE APPLICANT OR AN AFFILIATE, 5 INTERMEDIARY, SUBSIDIARY OR HOLDING COMPANY OF THE APPLICANT 6 IS NOT A SLOT MACHINE LICENSEE. 7 (3) THE CONSENT TO A BACKGROUND INVESTIGATION OF THE 8 APPLICANT, ITS OFFICERS, DIRECTORS, OWNERS, KEY EMPLOYEES OR 9 OTHER PERSONS REQUIRED BY THE BOARD AND A RELEASE TO OBTAIN 10 ANY AND ALL INFORMATION NECESSARY FOR THE COMPLETION OF THE 11 BACKGROUND INVESTIGATION. 12 (4) THE DETAILS OF ANY EQUIVALENT LICENSE GRANTED OR 13 DENIED BY OTHER JURISDICTIONS WHERE GAMING ACTIVITIES AS 14 AUTHORIZED BY THIS PART ARE PERMITTED AND CONSENT FOR THE 15 BOARD TO ACQUIRE COPIES OF APPLICATIONS SUBMITTED OR LICENSES 16 ISSUED IN CONNECTION THEREWITH. 17 (5) THE TYPE OF SLOT MACHINES OR ASSOCIATED EQUIPMENT TO 18 BE MANUFACTURED AND SUPPLIED AND WHETHER THOSE SLOT MACHINES 19 OR ASSOCIATED EQUIPMENT WILL BE PROVIDED THROUGH PURCHASE, 20 LEASE, CONTRACT OR OTHERWISE. 21 (6) ANY OTHER INFORMATION DETERMINED BY THE BOARD TO BE 22 APPROPRIATE. 23 (C) REVIEW AND APPROVAL.--UPON BEING SATISFIED THAT THE 24 REQUIREMENTS OF SUBSECTION (B) HAVE BEEN MET, THE BOARD MAY 25 APPROVE THE APPLICATION AND GRANT THE APPLICANT A MANUFACTURER 26 LICENSE CONSISTENT WITH ALL OF THE FOLLOWING: 27 (1) THE LICENSE SHALL BE FOR A PERIOD OF ONE YEAR. UPON 28 EXPIRATION, A LICENSE MAY BE RENEWED IN ACCORDANCE WITH 29 SUBSECTION (D). 30 (2) THE LICENSE SHALL BE NONTRANSFERABLE. 20040S1209B1947 - 44 -
1 (3) ANY OTHER CONDITION ESTABLISHED BY THE BOARD. 2 (D) RENEWAL.--SIX MONTHS PRIOR TO EXPIRATION OF A 3 MANUFACTURER LICENSE, A MANUFACTURER LICENSEE SEEKING RENEWAL OF 4 ITS LICENSE SHALL SUBMIT A RENEWAL APPLICATION ACCOMPANIED BY 5 THE RENEWAL FEE TO THE BOARD. IF THE RENEWAL APPLICATION 6 SATISFIES THE REQUIREMENTS OF SUBSECTION (B), THE BOARD MAY 7 RENEW THE LICENSEE'S MANUFACTURER LICENSE. IF THE BOARD RECEIVES 8 A COMPLETE RENEWAL APPLICATION BUT FAILS TO ACT UPON THE RENEWAL 9 APPLICATION PRIOR TO THE EXPIRATION OF THE MANUFACTURER LICENSE, 10 THE MANUFACTURER LICENSE SHALL CONTINUE IN EFFECT FOR AN 11 ADDITIONAL SIX-MONTH PERIOD OR UNTIL ACTED UPON BY THE BOARD, 12 WHICHEVER OCCURS FIRST. 13 (E) PROHIBITIONS.--NO PERSON MAY MANUFACTURE SLOT MACHINES 14 OR ASSOCIATED EQUIPMENT FOR USE WITHIN THIS COMMONWEALTH BY A 15 SLOT MACHINE LICENSEE UNLESS THE PERSON HAS BEEN ISSUED A 16 MANUFACTURER LICENSE UNDER THIS SECTION. SLOT MONITORING 17 SYSTEMS, CASINO MANAGEMENT SYSTEMS, PLAYER TRACKING SYSTEMS AND 18 WIDE-AREA PROGRESSIVE SYSTEMS ARE EXCLUDED FROM ANY REQUIREMENTS 19 THAT THEY BE MANUFACTURED BY A LICENSED MANUFACTURER PURSUANT TO 20 THIS SECTION. 21 SECTION 6. SECTIONS 1318, 1330, 1403, 1408(E), 1506 AND 1512 22 OF TITLE 4, ADDED JULY 5, 2004 (P.L.572, NO.71), ARE AMENDED TO 23 READ: 24 § 1318. OCCUPATION [PERMIT APPLICATION] PERMITS. 25 (A) APPLICATION.-- [ANY PERSON] AN INDIVIDUAL WHO DESIRES TO 26 BE A GAMING EMPLOYEE AND HAS A BONA FIDE OFFER OF EMPLOYMENT 27 FROM A LICENSED GAMING ENTITY SHALL APPLY TO THE BOARD FOR AN 28 OCCUPATION PERMIT. [A PERSON MAY NOT BE EMPLOYED AS A GAMING 29 EMPLOYEE UNLESS AND UNTIL THAT PERSON HOLDS AN APPROPRIATE 30 OCCUPATION PERMIT ISSUED UNDER THIS SECTION. THE BOARD MAY 20040S1209B1947 - 45 -
1 PROMULGATE REGULATIONS TO RECLASSIFY A CATEGORY OF NONGAMING 2 EMPLOYEES OR GAMING EMPLOYEES UPON A FINDING THAT THE 3 RECLASSIFICATION IS IN THE PUBLIC INTEREST AND CONSISTENT WITH 4 THE OBJECTIVES OF THIS PART.] 5 (B) REQUIREMENTS.--[THE APPLICATION FOR AN OCCUPATION PERMIT 6 SHALL INCLUDE, AT A MINIMUM:] THE APPLICATION FOR AN OCCUPATION 7 PERMIT SHALL BE ON THE FORM REQUIRED BY THE BOARD, ACCOMPANIED 8 BY THE APPLICATION FEE AND SHALL INCLUDE ALL OF THE FOLLOWING: 9 (1) THE NAME AND HOME ADDRESS OF THE [PERSON] 10 INDIVIDUAL. 11 (2) THE PREVIOUS EMPLOYMENT HISTORY OF THE [PERSON] 12 INDIVIDUAL. 13 (3) THE CRIMINAL HISTORY RECORD OF THE [PERSON] 14 INDIVIDUAL, AS WELL AS THE [PERSON'S] INDIVIDUAL'S CONSENT 15 FOR THE PENNSYLVANIA STATE POLICE TO CONDUCT A BACKGROUND 16 INVESTIGATION. 17 (4) A PHOTOGRAPH AND HANDWRITING EXEMPLAR OF THE 18 [PERSON] INDIVIDUAL. 19 (5) EVIDENCE OF THE OFFER OF EMPLOYMENT AND THE NATURE 20 AND SCOPE OF THE PROPOSED DUTIES OF THE [PERSON] INDIVIDUAL, 21 IF KNOWN. 22 (6) THE DETAILS OF ANY OCCUPATION PERMIT OR SIMILAR 23 LICENSE GRANTED OR DENIED TO THE PERMIT APPLICANT IN OTHER 24 JURISDICTIONS WHERE GAMING ACTIVITIES AS AUTHORIZED BY THIS 25 PART ARE PERMITTED AND CONSENT FOR THE BOARD TO OBTAIN COPIES 26 OF APPLICATIONS SUBMITTED OR PERMITS OR LICENSES ISSUED IN 27 CONNECTION THEREWITH. 28 (7) ANY OTHER INFORMATION DETERMINED BY THE BOARD TO BE 29 APPROPRIATE. 30 [(C) PROHIBITION.--NO SLOT MACHINE LICENSEE MAY EMPLOY OR 20040S1209B1947 - 46 -
1 PERMIT ANY PERSON UNDER 18 YEARS OF AGE TO RENDER ANY SERVICE 2 WHATSOEVER IN ANY AREA OF ITS LICENSED FACILITY AT WHICH SLOT 3 MACHINES ARE PHYSICALLY LOCATED.] 4 (C.1) REVIEW AND APPROVAL.--UPON BEING SATISFIED THAT THE 5 REQUIREMENTS OF SUBSECTION (B) HAVE BEEN MET, THE BOARD MAY 6 APPROVE THE APPLICATION AND GRANT THE PERMIT APPLICANT AN 7 OCCUPATION PERMIT CONSISTENT WITH ALL OF THE FOLLOWING: 8 (1) THE OCCUPATION PERMIT SHALL BE FOR A PERIOD OF ONE 9 YEAR. UPON EXPIRATION, AN OCCUPATION PERMIT MAY BE RENEWED IN 10 ACCORDANCE WITH SUBSECTION (D). 11 (2) THE OCCUPATION PERMIT SHALL BE NONTRANSFERABLE. 12 (3) ANY OTHER CONDITION ESTABLISHED BY THE BOARD. 13 (D) RENEWAL.--SIX MONTHS PRIOR TO EXPIRATION OF AN 14 OCCUPATION PERMIT, AN INDIVIDUAL HOLDING AN OCCUPATION PERMIT 15 AND SEEKING RENEWAL OF THE OCCUPATION PERMIT SHALL SUBMIT A 16 RENEWAL APPLICATION ACCOMPANIED BY THE RENEWAL FEE TO THE BOARD. 17 IF THE RENEWAL APPLICATION SATISFIES THE REQUIREMENTS OF 18 SUBSECTION (B), THE BOARD MAY RENEW THE OCCUPATION PERMIT. IF 19 THE BOARD RECEIVES A COMPLETE RENEWAL APPLICATION BUT FAILS TO 20 ACT UPON THE RENEWAL APPLICATION PRIOR TO THE EXPIRATION OF THE 21 OCCUPATION PERMIT, THE OCCUPATION PERMIT SHALL CONTINUE IN 22 EFFECT FOR AN ADDITIONAL SIX-MONTH PERIOD OR UNTIL ACTED UPON BY 23 THE BOARD, WHICHEVER OCCURS FIRST. 24 (E) PROHIBITIONS.-- 25 (1) NO SLOT MACHINE LICENSEE MAY EMPLOY OR PERMIT ANY 26 PERSON UNDER 18 YEARS OF AGE TO RENDER ANY SERVICE IN ANY 27 AREA OF ITS LICENSED FACILITY AT WHICH SLOT MACHINES ARE 28 PHYSICALLY LOCATED. 29 (2) NO SLOT MACHINE LICENSEE MAY EMPLOY AN INDIVIDUAL AS 30 A GAMING EMPLOYEE UNLESS THE INDIVIDUAL HAS BEEN ISSUED AN 20040S1209B1947 - 47 -
1 OCCUPATION PERMIT UNDER THIS SECTION.
2 [§ 1330. MULTIPLE SLOT MACHINE LICENSE PROHIBITION.
3 NO SLOT MACHINE LICENSEE, ITS AFFILIATE, INTERMEDIARY,
4 SUBSIDIARY OR HOLDING COMPANY MAY POSSESS AN OWNERSHIP OR
5 FINANCIAL INTEREST THAT IS GREATER THAN 33.3% OF ANOTHER SLOT
6 MACHINE LICENSEE OR PERSON ELIGIBLE TO APPLY FOR A CATEGORY 1
7 LICENSE, ITS AFFILIATE, INTERMEDIARY, SUBSIDIARY OR HOLDING
8 COMPANY. THE BOARD SHALL APPROVE THE TERMS AND CONDITIONS OF ANY
9 DIVESTITURE UNDER THIS SECTION. UNDER NO CIRCUMSTANCES SHALL ANY
10 SUCH DIVESTITURE BE APPROVED BY THE BOARD IF THE COMPENSATION
11 FOR THE DIVESTED INTEREST IN A PERSON ELIGIBLE TO APPLY FOR A
12 CATEGORY 1 LICENSE EXCEEDS THE GREATER OF THE ORIGINAL COST OF
13 THE INTEREST, THE BOOK VALUE OF THE INTEREST OR AN INDEPENDENTLY
14 ASSESSED VALUE OF THE INTEREST ONE MONTH PRIOR TO THE EFFECTIVE
15 DATE OF THIS PART AND, IN THE CASE OF A PERSON ELIGIBLE TO APPLY
16 FOR A CATEGORY 1 LICENSE, UNLESS THE PERSON ACQUIRING THE
17 DIVESTED INTEREST IS REQUIRED TO CONTINUE CONDUCTING LIVE RACING
18 AT THE LOCATION WHERE LIVE RACING IS CURRENTLY BEING CONDUCTED
19 IN ACCORDANCE WITH SECTION 1303 (RELATING TO ADDITIONAL CATEGORY
20 1 SLOT MACHINE LICENSE REQUIREMENTS) AND BE APPROVED FOR A
21 CATEGORY 1 SLOT MACHINE LICENSE. NO SUCH SLOT MACHINE LICENSE
22 APPLICANT SHALL BE ISSUED A SLOT MACHINE LICENSE UNTIL THE
23 APPLICANT HAS COMPLETELY DIVESTED ITS OWNERSHIP OR FINANCIAL
24 INTEREST THAT IS IN EXCESS OF 33.3% IN ANOTHER SLOT MACHINE
25 LICENSEE OR PERSON ELIGIBLE TO APPLY FOR A CATEGORY 1 LICENSE,
26 ITS AFFILIATE, INTERMEDIARY, SUBSIDIARY OR HOLDING COMPANY.]
27 § 1403. ESTABLISHMENT OF STATE GAMING FUND AND NET SLOT MACHINE
28 REVENUE DISTRIBUTION.
29 (A) FUND ESTABLISHED.--THERE IS HEREBY ESTABLISHED THE STATE
30 GAMING FUND WITHIN THE STATE TREASURY.
20040S1209B1947 - 48 -
1 (B) SLOT MACHINE TAX.--THE DEPARTMENT SHALL DETERMINE AND 2 EACH SLOT MACHINE LICENSEE SHALL PAY A DAILY TAX OF 34% AND A 3 LOCAL SHARE ASSESSMENT OF 4% OF ITS DAILY GROSS TERMINAL REVENUE 4 FROM THE SLOT MACHINES IN OPERATION AT ITS FACILITY INTO THE 5 FUND. 6 (C) TRANSFERS AND DISTRIBUTIONS.--[THE] SUBJECT TO THE 7 PROVISIONS OF SUBSECTION (D), THE DEPARTMENT SHALL: 8 (1) TRANSFER THE SLOT MACHINE TAX AND ASSESSMENT IMPOSED 9 IN SUBSECTION (B) TO THE FUND. 10 (2) FROM THE LOCAL SHARE ASSESSMENT ESTABLISHED IN 11 SUBSECTION (B) MAKE QUARTERLY DISTRIBUTIONS AMONG THE 12 COUNTIES HOSTING A LICENSED FACILITY IN ACCORDANCE WITH THE 13 FOLLOWING SCHEDULE: 14 (I) IF THE LICENSED FACILITY IS A CATEGORY 1 15 LICENSED FACILITY THAT IS LOCATED AT A HARNESS RACETRACK 16 AND THE COUNTY, INCLUDING A HOME RULE COUNTY, IN WHICH 17 THE LICENSED FACILITY IS LOCATED IS: 18 (A) A COUNTY OF THE FIRST CLASS: 4% OF THE 19 GROSS TERMINAL REVENUE TO THE COUNTY HOSTING THE 20 LICENSED FACILITY FROM EACH SUCH LICENSED FACILITY. 21 NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, 22 FUNDS FROM LICENSED GAMING ENTITIES LOCATED WITHIN A 23 COUNTY OF THE FIRST CLASS SHALL NOT BE DISTRIBUTED 24 OUTSIDE OF A COUNTY OF THE FIRST CLASS. 25 (B) A COUNTY OF THE SECOND CLASS: 2% OF THE 26 GROSS TERMINAL REVENUE TO THE COUNTY HOSTING THE 27 LICENSED FACILITY FROM EACH SUCH LICENSED FACILITY. 28 (C) A COUNTY OF THE SECOND CLASS A: 1% OF THE 29 GROSS TERMINAL REVENUE TO THE COUNTY HOSTING THE 30 LICENSED FACILITY FROM EACH SUCH LICENSED FACILITY. 20040S1209B1947 - 49 -
1 AN ADDITIONAL 1% OF THE GROSS TERMINAL REVENUE TO THE 2 COUNTY HOSTING THE LICENSED FACILITY FROM EACH SUCH 3 LICENSED FACILITY FOR THE PURPOSE OF MUNICIPAL GRANTS 4 WITHIN THE COUNTY IN WHICH THE LICENSEE IS LOCATED. 5 (D) A COUNTY OF THE THIRD CLASS: 2% OF THE 6 GROSS TERMINAL REVENUE FROM EACH SUCH LICENSED 7 FACILITY SHALL BE DEPOSITED INTO A RESTRICTED ACCOUNT 8 ESTABLISHED IN THE DEPARTMENT OF COMMUNITY AND 9 ECONOMIC DEVELOPMENT TO BE USED EXCLUSIVELY FOR 10 GRANTS FOR HEALTH, SAFETY AND ECONOMIC DEVELOPMENT 11 PROJECTS TO MUNICIPALITIES WITHIN THE COUNTY WHERE 12 THE LICENSED FACILITY IS LOCATED. MUNICIPALITIES THAT 13 ARE CONTIGUOUS TO THE MUNICIPALITY HOSTING SUCH 14 LICENSED FACILITY SHALL BE GIVEN PRIORITY BY THE 15 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT IN 16 THE AWARD OF SUCH GRANTS. 17 (E) A COUNTY OF THE FOURTH CLASS: 2% OF THE 18 GROSS TERMINAL REVENUE FROM EACH SUCH LICENSED 19 FACILITY SHALL BE DEPOSITED INTO A RESTRICTED ACCOUNT 20 ESTABLISHED IN THE DEPARTMENT OF COMMUNITY AND 21 ECONOMIC DEVELOPMENT TO BE USED EXCLUSIVELY FOR 22 GRANTS TO THE COUNTY, TO ECONOMIC DEVELOPMENT 23 AUTHORITIES OR ORGANIZATIONS WITHIN THE COUNTY OR 24 REDEVELOPMENT AUTHORITIES WITHIN THE COUNTY FOR 25 GRANTS FOR ECONOMIC DEVELOPMENT PROJECTS, JOB 26 TRAINING, COMMUNITY IMPROVEMENT PROJECTS, OTHER 27 PROJECTS IN THE PUBLIC INTEREST AND REASONABLE 28 ADMINISTRATIVE COSTS. NOTWITHSTANDING THE PROVISIONS 29 OF THE ACT OF FEBRUARY 9, 1999 (P.L.1, NO.1), KNOWN 30 AS THE CAPITAL FACILITIES DEBT ENABLING ACT, GRANTS 20040S1209B1947 - 50 -
1 MADE UNDER THIS CLAUSE MAY BE UTILIZED AS LOCAL 2 MATCHING FUNDS FOR OTHER GRANTS OR LOANS FROM THE 3 COMMONWEALTH. 4 (F) COUNTIES OF THE FIFTH THROUGH EIGHTH 5 CLASSES: 2% OF THE GROSS TERMINAL REVENUE FROM EACH 6 SUCH LICENSED FACILITY SHALL BE DEPOSITED INTO A 7 RESTRICTED ACCOUNT ESTABLISHED IN THE DEPARTMENT OF 8 COMMUNITY AND ECONOMIC DEVELOPMENT TO BE USED 9 EXCLUSIVELY FOR GRANTS TO THE COUNTY. 10 (G) ANY COUNTY NOT SPECIFICALLY ENUMERATED IN 11 CLAUSES (A) THROUGH (F), 2% OF THE GROSS TERMINAL 12 REVENUE TO THE COUNTY HOSTING THE LICENSED FACILITY 13 FROM EACH SUCH LICENSED FACILITY. 14 (II) IF THE LICENSED FACILITY IS A CATEGORY 1 15 LICENSED FACILITY AND IS LOCATED AT A THOROUGHBRED 16 RACETRACK AND THE COUNTY IN WHICH THE LICENSED FACILITY 17 IS LOCATED IS: 18 (A) A COUNTY OF THE FIRST CLASS: 4% OF THE 19 GROSS TERMINAL REVENUE TO THE COUNTY HOSTING THE 20 LICENSED FACILITY FROM EACH SUCH LICENSED FACILITY. 21 NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, 22 FUNDS FROM LICENSED GAMING ENTITIES LOCATED WITHIN 23 THE COUNTY OF THE FIRST CLASS SHALL NOT BE 24 DISTRIBUTED OUTSIDE OF A COUNTY OF THE FIRST CLASS. 25 (B) A COUNTY OF THE SECOND CLASS: 2% OF THE 26 GROSS TERMINAL REVENUE TO THE COUNTY HOSTING THE 27 LICENSED FACILITY FROM EACH SUCH LICENSED FACILITY. 28 (C) A COUNTY OF THE SECOND CLASS A: 1% OF THE 29 GROSS TERMINAL REVENUE TO THE COUNTY HOSTING THE 30 LICENSED FACILITY FROM EACH SUCH LICENSED FACILITY. 20040S1209B1947 - 51 -
1 AN ADDITIONAL 1% OF THE GROSS TERMINAL REVENUE TO THE 2 COUNTY HOSTING THE LICENSED FACILITY FROM EACH SUCH 3 LICENSED FACILITY FOR THE PURPOSE OF MUNICIPAL GRANTS 4 WITHIN THE COUNTY IN WHICH THE LICENSEE IS LOCATED. 5 (D) A COUNTY OF THE THIRD CLASS: 1% OF THE 6 GROSS TERMINAL REVENUE TO THE COUNTY HOSTING THE 7 LICENSED FACILITY FROM EACH SUCH LICENSED FACILITY. 8 AN ADDITIONAL 1% OF THE GROSS TERMINAL REVENUE TO THE 9 COUNTY HOSTING THE LICENSED FACILITY FROM EACH SUCH 10 LICENSED FACILITY FOR THE PURPOSE OF MUNICIPAL GRANTS 11 WITHIN THE COUNTY IN WHICH THE LICENSEE IS LOCATED. 12 (E) A COUNTY OF THE FOURTH CLASS: 2% OF THE 13 GROSS TERMINAL REVENUE FROM EACH SUCH LICENSED 14 FACILITY SHALL BE DEPOSITED INTO A RESTRICTED ACCOUNT 15 ESTABLISHED IN THE DEPARTMENT OF COMMUNITY AND 16 ECONOMIC DEVELOPMENT TO BE USED EXCLUSIVELY FOR 17 GRANTS TO THE COUNTY, TO ECONOMIC DEVELOPMENT 18 AUTHORITIES OR ORGANIZATIONS WITHIN THE COUNTY OR 19 REDEVELOPMENT AUTHORITIES WITHIN THE COUNTY FOR 20 GRANTS FOR ECONOMIC DEVELOPMENT PROJECTS, COMMUNITY 21 IMPROVEMENT PROJECTS, JOB TRAINING, OTHER PROJECTS IN 22 THE PUBLIC INTEREST AND REASONABLE ADMINISTRATIVE 23 COSTS. NOTWITHSTANDING THE CAPITAL FACILITIES DEBT 24 ENABLING ACT, GRANTS MADE UNDER THIS CLAUSE MAY BE 25 UTILIZED AS LOCAL MATCHING FUNDS FOR OTHER GRANTS OR 26 LOANS FROM THE COMMONWEALTH. 27 (F) COUNTIES OF THE FIFTH THROUGH EIGHTH 28 CLASSES: 2% OF THE GROSS TERMINAL REVENUE FROM EACH 29 SUCH LICENSED FACILITY SHALL BE DEPOSITED INTO A 30 RESTRICTED ACCOUNT ESTABLISHED IN THE DEPARTMENT OF 20040S1209B1947 - 52 -
1 COMMUNITY AND ECONOMIC DEVELOPMENT TO BE USED 2 EXCLUSIVELY FOR GRANTS TO THE COUNTY. 3 (G) ANY COUNTY NOT SPECIFICALLY ENUMERATED IN 4 CLAUSES (A) THROUGH (F), 2% OF THE GROSS TERMINAL 5 REVENUE TO THE COUNTY HOSTING THE LICENSED FACILITY 6 FROM EACH SUCH LICENSED FACILITY. 7 (III) IF THE FACILITY IS A CATEGORY 2 LICENSED 8 FACILITY AND IF THE COUNTY IN WHICH THE LICENSED FACILITY 9 IS LOCATED IS: 10 (A) A COUNTY OF THE FIRST CLASS: 4% OF THE 11 GROSS TERMINAL REVENUE TO THE COUNTY HOSTING THE 12 LICENSED FACILITY FROM EACH SUCH LICENSED FACILITY. 13 NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, 14 FUNDS FROM LICENSED GAMING ENTITIES LOCATED WITHIN 15 THE COUNTY OF THE FIRST CLASS SHALL NOT BE 16 DISTRIBUTED OUTSIDE OF A COUNTY OF THE FIRST CLASS. 17 (B) A COUNTY OF THE SECOND CLASS: 2% OF THE 18 GROSS TERMINAL REVENUE TO THE COUNTY HOSTING THE 19 LICENSED FACILITY FROM EACH SUCH LICENSED FACILITY. 20 (C) A COUNTY OF THE SECOND CLASS A: 1% OF THE 21 GROSS TERMINAL REVENUE TO THE COUNTY HOSTING THE 22 LICENSED FACILITY FROM EACH SUCH LICENSED FACILITY. 23 AN ADDITIONAL 1% OF THE GROSS TERMINAL REVENUE TO THE 24 COUNTY HOSTING THE LICENSED FACILITY FROM EACH SUCH 25 LICENSED FACILITY FOR THE PURPOSE OF MUNICIPAL GRANTS 26 WITHIN THE COUNTY IN WHICH THE LICENSEE IS LOCATED. 27 (D) A COUNTY OF THE THIRD CLASS: 1% OF THE 28 GROSS TERMINAL REVENUE TO THE COUNTY HOSTING THE 29 LICENSED FACILITY FROM EACH SUCH LICENSED FACILITY. 30 AN ADDITIONAL 1% OF THE GROSS TERMINAL REVENUE TO THE 20040S1209B1947 - 53 -
1 COUNTY HOSTING THE LICENSED FACILITY FROM EACH SUCH 2 LICENSED FACILITY FOR THE PURPOSE OF MUNICIPAL GRANTS 3 WITHIN THE COUNTY IN WHICH THE LICENSEE IS LOCATED. 4 (E) A COUNTY OF THE FOURTH CLASS: 2% OF THE 5 GROSS TERMINAL REVENUE FROM EACH SUCH LICENSED 6 FACILITY SHALL BE DEPOSITED INTO A RESTRICTED ACCOUNT 7 ESTABLISHED IN THE DEPARTMENT OF COMMUNITY AND 8 ECONOMIC DEVELOPMENT TO BE USED EXCLUSIVELY FOR 9 GRANTS TO THE COUNTY, TO ECONOMIC DEVELOPMENT 10 AUTHORITIES OR ORGANIZATIONS WITHIN THE COUNTY OR 11 REDEVELOPMENT AUTHORITIES WITHIN THE COUNTY FOR 12 GRANTS FOR ECONOMIC DEVELOPMENT PROJECTS, COMMUNITY 13 IMPROVEMENT PROJECTS, JOB TRAINING, OTHER PROJECTS IN 14 THE PUBLIC INTEREST AND REASONABLE ADMINISTRATIVE 15 COSTS. NOTWITHSTANDING THE CAPITAL FACILITIES DEBT 16 ENABLING ACT, GRANTS MADE UNDER THIS CLAUSE MAY BE 17 UTILIZED AS LOCAL MATCHING FUNDS FOR OTHER GRANTS OR 18 LOANS FROM THE COMMONWEALTH. 19 (F) COUNTIES OF THE FIFTH THROUGH EIGHTH 20 CLASSES: 2% OF THE GROSS TERMINAL REVENUE FROM EACH 21 SUCH LICENSED FACILITY SHALL BE DEPOSITED INTO A 22 RESTRICTED ACCOUNT ESTABLISHED IN THE DEPARTMENT OF 23 COMMUNITY AND ECONOMIC DEVELOPMENT TO BE USED 24 EXCLUSIVELY FOR GRANTS TO THE COUNTY, TO CONTIGUOUS 25 COUNTIES, TO ECONOMIC DEVELOPMENT AUTHORITIES OR 26 ORGANIZATIONS WITHIN THE COUNTY OR CONTIGUOUS 27 COUNTIES OR REDEVELOPMENT AUTHORITIES WITHIN THE 28 COUNTY OR CONTIGUOUS COUNTIES FOR GRANTS FOR ECONOMIC 29 DEVELOPMENT PROJECTS, COMMUNITY IMPROVEMENT PROJECTS, 30 OTHER PROJECTS IN THE PUBLIC INTEREST AND REASONABLE 20040S1209B1947 - 54 -
1 ADMINISTRATIVE COSTS. NOTWITHSTANDING THE CAPITAL 2 FACILITIES DEBT ENABLING ACT, GRANTS MADE UNDER THIS 3 CLAUSE MAY BE UTILIZED AS LOCAL MATCHING FUNDS FOR 4 OTHER GRANTS OR LOANS FROM THE COMMONWEALTH. 5 (G) ANY COUNTY NOT SPECIFICALLY ENUMERATED IN 6 CLAUSES (A) THROUGH (F), 2% OF THE GROSS TERMINAL 7 REVENUE TO THE COUNTY HOSTING THE LICENSED FACILITY 8 FROM EACH SUCH LICENSED FACILITY. 9 (IV) IF THE FACILITY IS A CATEGORY 3 LICENSED 10 FACILITY, 2% OF THE GROSS TERMINAL REVENUE FROM EACH SUCH 11 LICENSED FACILITY SHALL BE DEPOSITED INTO A RESTRICTED 12 ACCOUNT ESTABLISHED IN THE DEPARTMENT OF COMMUNITY AND 13 ECONOMIC DEVELOPMENT TO BE USED EXCLUSIVELY FOR GRANTS TO 14 THE COUNTY, TO ECONOMIC DEVELOPMENT AUTHORITIES OR 15 ORGANIZATIONS WITHIN THE COUNTY OR REDEVELOPMENT 16 AUTHORITIES WITHIN THE COUNTY FOR GRANTS FOR ECONOMIC 17 DEVELOPMENT PROJECTS AND COMMUNITY IMPROVEMENT PROJECTS. 18 (V) UNLESS OTHERWISE SPECIFIED, FOR THE PURPOSES OF 19 THIS PARAGRAPH MONEY DESIGNATED FOR MUNICIPAL GRANTS 20 WITHIN A COUNTY, OTHER THAN A COUNTY OF THE FIRST CLASS, 21 IN WHICH A LICENSED FACILITY IS LOCATED SHALL BE USED TO 22 FUND GRANTS TO THE MUNICIPALITY IN WHICH THE LICENSED 23 FACILITY IS LOCATED, TO THE COUNTY IN WHICH THE LICENSED 24 FACILITY IS LOCATED AND TO THE MUNICIPALITIES WHICH ARE 25 CONTIGUOUS TO THE MUNICIPALITY IN WHICH THE LICENSED 26 FACILITY IS LOCATED AND WHICH ARE LOCATED WITHIN THE 27 COUNTY IN WHICH THE LICENSED FACILITY IS LOCATED. GRANTS 28 SHALL BE ADMINISTERED BY THE COUNTY THROUGH ITS ECONOMIC 29 DEVELOPMENT OR REDEVELOPMENT AUTHORITY IN WHICH THE 30 LICENSED FACILITY IS LOCATED. GRANTS SHALL BE USED TO 20040S1209B1947 - 55 -
1 FUND THE COSTS OF HUMAN SERVICES, INFRASTRUCTURE 2 IMPROVEMENTS, FACILITIES, EMERGENCY SERVICES, HEALTH AND 3 PUBLIC SAFETY EXPENSES ASSOCIATED WITH LICENSED FACILITY 4 OPERATIONS. IF AT THE END OF A FISCAL YEAR UNCOMMITTED 5 FUNDS EXIST, THE COUNTY SHALL PAY TO THE ECONOMIC 6 DEVELOPMENT OR REDEVELOPMENT AUTHORITY OF THE COUNTY IN 7 WHICH THE LICENSED FACILITY IS LOCATED THE UNCOMMITTED 8 FUNDS. 9 (VI) IF THE LICENSED FACILITY IS LOCATED IN MORE 10 THAN ONE COUNTY, THE AMOUNT AVAILABLE SHALL BE 11 DISTRIBUTED ON A PRO RATA BASIS DETERMINED BY THE 12 PERCENTAGE OF ACREAGE LOCATED IN EACH COUNTY TO THE TOTAL 13 ACREAGE OF ALL COUNTIES OCCUPIED BY THE LICENSED 14 FACILITY. 15 (VII) THE DISTRIBUTIONS PROVIDED IN THIS PARAGRAPH 16 SHALL BE BASED UPON COUNTY CLASSIFICATIONS IN EFFECT ON 17 THE EFFECTIVE DATE OF THIS SECTION. ANY RECLASSIFICATION 18 OF COUNTIES AS A RESULT OF A FEDERAL DECENNIAL CENSUS 19 WHICH SHOWS AN INCREASE IN POPULATION OR OF A STATE 20 STATUTE SHALL [NOT] APPLY TO THIS SUBPARAGRAPH[.] FOR 21 EVERY SUCCEEDING STATE FISCAL YEAR. ANY RECLASSIFICATION 22 OF COUNTIES AS A RESULT OF A FEDERAL DECENNIAL CENSUS 23 WHICH SHOWS A DECREASE IN POPULATION OR OF A STATE 24 STATUTE SHALL NOT APPLY TO THIS SUBPARAGRAPH. 25 (VIII) IF ANY PROVISION OF THIS PARAGRAPH IS FOUND 26 TO BE UNENFORCEABLE FOR ANY REASON, THE DISTRIBUTION 27 PROVIDED FOR IN THE UNENFORCEABLE PROVISION SHALL BE MADE 28 TO THE COUNTY IN WHICH THE LICENSED FACILITY IS LOCATED 29 FOR THE PURPOSES OF GRANTS TO MUNICIPALITIES IN THAT 30 COUNTY, INCLUDING MUNICIPAL GRANTS AS SPECIFIED IN 20040S1209B1947 - 56 -
1 SUBPARAGRAPH (V).
2 (IX) NOTHING IN THIS PARAGRAPH SHALL PREVENT ANY OF
3 THE ABOVE COUNTIES FROM ENTERING INTO INTERGOVERNMENTAL
4 COOPERATIVE AGREEMENTS WITH OTHER JURISDICTIONS FOR
5 SHARING THESE MONEY.
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 (I) TO A CITY OF THE SECOND CLASS HOSTING A LICENSED
11 FACILITY OR FACILITIES, OTHER THAN A CATEGORY 3 LICENSED
12 FACILITY, 2% OF THE GROSS TERMINAL REVENUE OR $10,000,000
13 ANNUALLY, WHICHEVER IS GREATER, OF ALL LICENSED
14 FACILITIES LOCATED IN THAT CITY. IN THE EVENT THAT THE
15 REVENUES GENERATED BY THE 2% DO NOT MEET THE $10,000,000
16 MINIMUM SPECIFIED IN THIS PARAGRAPH, THE LICENSED GAMING
17 ENTITY OPERATING THE LICENSED FACILITY OR FACILITIES IN
18 THE CITY SHALL REMIT THE DIFFERENCE TO THE MUNICIPALITY.
19 (II) TO A CITY OF THE SECOND CLASS A HOSTING A
20 LICENSED FACILITY OR FACILITIES, OTHER THAN A CATEGORY 3
21 LICENSED FACILITY, 2% OF THE GROSS TERMINAL REVENUE OR
22 $10,000,000 ANNUALLY, WHICHEVER IS GREATER, OF ALL
23 LICENSED FACILITIES LOCATED IN THAT CITY. [SUBJECT,
24 HOWEVER, TO THE BUDGETARY LIMITATION IN THIS
25 SUBPARAGRAPH. THE AMOUNT ALLOCATED TO THE DESIGNATED
26 MUNICIPALITIES SHALL NOT EXCEED 50% OF THEIR TOTAL BUDGET
27 FOR FISCAL YEAR 2003-2004, ADJUSTED FOR INFLATION IN
28 SUBSEQUENT YEARS BY AN AMOUNT NOT TO EXCEED AN ANNUAL
29 COST-OF-LIVING ADJUSTMENT CALCULATED BY APPLYING THE
30 PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX FOR ALL
20040S1209B1947 - 57 -
1 URBAN CONSUMERS FOR THE PENNSYLVANIA, NEW JERSEY, 2 DELAWARE AND MARYLAND AREA, FOR THE MOST RECENT 12-MONTH 3 PERIOD FOR WHICH FIGURES HAVE BEEN OFFICIALLY REPORTED BY 4 THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR 5 STATISTICS, IMMEDIATELY PRIOR TO THE DATE THE ADJUSTMENT 6 IS DUE TO TAKE EFFECT. ANY REMAINING MONEYS SHALL BE 7 DISTRIBUTED IN ACCORDANCE WITH PARAGRAPH (2) BASED UPON 8 THE COUNTY WHERE THE LICENSED FACILITY OR FACILITIES IS 9 LOCATED.] IN THE EVENT THAT THE REVENUES GENERATED BY THE 10 2% DO NOT MEET THE $10,000,000 MINIMUM SPECIFIED IN THIS 11 SUBPARAGRAPH, THE LICENSED GAMING ENTITY OPERATING THE 12 LICENSED FACILITY OR FACILITIES IN THE CITY SHALL REMIT 13 THE DIFFERENCE TO THE MUNICIPALITY. 14 (III) TO A CITY OF THE THIRD CLASS HOSTING A 15 LICENSED FACILITY OR FACILITIES, OTHER THAN A CATEGORY 3 16 LICENSED FACILITY, 2% OF THE GROSS TERMINAL REVENUE OR 17 $10,000,000 ANNUALLY, WHICHEVER IS GREATER, OF ALL 18 LICENSED FACILITIES LOCATED IN THAT CITY SUBJECT, 19 HOWEVER, TO THE BUDGETARY LIMITATION IN THIS 20 SUBPARAGRAPH. HOWEVER, THE FOREGOING LIMITATIONS SHALL 21 NOT APPLY, NOTWITHSTANDING ANY PROVISION TO THE CONTRARY, 22 IF THE LICENSED FACILITY OR FACILITIES HAVE EXECUTED A 23 WRITTEN AGREEMENT WITH THE CITY PRIOR TO THE EFFECTIVE 24 DATE OF THIS PART TO PROVIDE ADDITIONAL COMPENSATION TO 25 THE CITY IN EXCESS OF THE DIFFERENCE BETWEEN 2% OF THE 26 GROSS TERMINAL REVENUE AND $10,000,000. [THE AMOUNT 27 ALLOCATED TO THE DESIGNATED MUNICIPALITIES SHALL NOT 28 EXCEED 50% OF THEIR TOTAL BUDGET FOR FISCAL YEAR 2003- 29 2004, ADJUSTED FOR INFLATION IN SUBSEQUENT YEARS BY AN 30 AMOUNT NOT TO EXCEED AN ANNUAL COST-OF-LIVING ADJUSTMENT 20040S1209B1947 - 58 -
1 CALCULATED BY APPLYING THE PERCENTAGE CHANGE IN THE
2 CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE
3 PENNSYLVANIA, NEW JERSEY, DELAWARE AND MARYLAND AREA, FOR
4 THE MOST RECENT 12-MONTH PERIOD FOR WHICH FIGURES HAVE
5 BEEN OFFICIALLY REPORTED BY THE UNITED STATES DEPARTMENT
6 OF LABOR, BUREAU OF LABOR STATISTICS, IMMEDIATELY PRIOR
7 TO THE DATE THE ADJUSTMENT IS DUE TO TAKE EFFECT. ANY
8 REMAINING MONEYS SHALL BE DISTRIBUTED IN ACCORDANCE WITH
9 PARAGRAPH (2) BASED UPON THE COUNTY WHERE THE LICENSED
10 FACILITY OR FACILITIES IS LOCATED.] IN THE EVENT THAT THE
11 REVENUES GENERATED BY THE 2% DO NOT MEET THE $10,000,000
12 MINIMUM SPECIFIED IN THIS SUBPARAGRAPH, THE LICENSED
13 GAMING ENTITY OPERATING THE LICENSED FACILITY OR
14 FACILITIES IN THE CITY SHALL REMIT THE DIFFERENCE TO THE
15 MUNICIPALITY.
16 (IV) TO A TOWNSHIP OF THE FIRST CLASS HOSTING A
17 LICENSED FACILITY OR FACILITIES, OTHER THAN A CATEGORY 3
18 LICENSED FACILITY, 2% OF THE GROSS TERMINAL REVENUE OR
19 $10,000,000 ANNUALLY, WHICHEVER IS GREATER, OF ALL
20 LICENSED FACILITIES LOCATED IN THE TOWNSHIP. [SUBJECT,
21 HOWEVER, TO THE BUDGETARY LIMITATION IN THIS
22 SUBPARAGRAPH. THE AMOUNT ALLOCATED TO THE DESIGNATED
23 MUNICIPALITIES SHALL NOT EXCEED 50% OF THEIR TOTAL BUDGET
24 FOR FISCAL YEAR 2003-2004, ADJUSTED FOR INFLATION IN
25 SUBSEQUENT YEARS BY AN AMOUNT NOT TO EXCEED AN ANNUAL
26 COST-OF-LIVING ADJUSTMENT CALCULATED BY APPLYING THE
27 PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX FOR ALL
28 URBAN CONSUMERS FOR THE PENNSYLVANIA, NEW JERSEY,
29 DELAWARE AND MARYLAND AREA, FOR THE MOST RECENT 12-MONTH
30 PERIOD FOR WHICH FIGURES HAVE BEEN OFFICIALLY REPORTED BY
20040S1209B1947 - 59 -
1 THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR
2 STATISTICS, IMMEDIATELY PRIOR TO THE DATE THE ADJUSTMENT
3 IS DUE TO TAKE EFFECT. ANY REMAINING MONEY SHALL BE
4 DISTRIBUTED IN ACCORDANCE WITH PARAGRAPH (2) BASED UPON
5 THE COUNTY WHERE THE LICENSED FACILITY OR FACILITIES IS
6 LOCATED.] IN THE EVENT THAT THE REVENUES GENERATED BY THE
7 2% DO NOT MEET THE $10,000,000 MINIMUM SPECIFIED IN THIS
8 SUBPARAGRAPH, THE LICENSED GAMING ENTITY OPERATING THE
9 LICENSED FACILITY OR FACILITIES IN THE TOWNSHIP SHALL
10 REMIT THE DIFFERENCE TO THE MUNICIPALITY.
11 (V) TO A TOWNSHIP OF THE SECOND CLASS HOSTING A
12 LICENSED FACILITY OR FACILITIES, OTHER THAN A CATEGORY 3
13 LICENSED FACILITY, 2% OF THE GROSS TERMINAL REVENUE OR
14 $10,000,000 ANNUALLY, WHICHEVER IS GREATER, OF ALL
15 LICENSED FACILITIES LOCATED IN THE TOWNSHIP. [SUBJECT,
16 HOWEVER, TO THE BUDGETARY LIMITATION IN THIS
17 SUBPARAGRAPH. THE AMOUNT ALLOCATED TO THE DESIGNATED
18 MUNICIPALITIES SHALL NOT EXCEED 50% OF THEIR TOTAL BUDGET
19 FOR FISCAL YEAR 2003-2004, ADJUSTED FOR INFLATION IN
20 SUBSEQUENT YEARS BY AN AMOUNT NOT TO EXCEED AN ANNUAL
21 COST-OF-LIVING ADJUSTMENT CALCULATED BY APPLYING THE
22 PERCENTAGE CHANGE IN THE CONSUMER PRICE INDEX FOR ALL
23 URBAN CONSUMERS FOR THE PENNSYLVANIA, NEW JERSEY,
24 DELAWARE AND MARYLAND AREA, FOR THE MOST RECENT 12-MONTH
25 PERIOD FOR WHICH FIGURES HAVE BEEN OFFICIALLY REPORTED BY
26 THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR
27 STATISTICS, IMMEDIATELY PRIOR TO THE DATE THE ADJUSTMENT
28 IS DUE TO TAKE EFFECT. ANY REMAINING MONEY SHALL BE
29 DISTRIBUTED IN ACCORDANCE WITH PARAGRAPH (2) BASED UPON
30 THE COUNTY WHERE THE LICENSED FACILITY OR FACILITIES IS
20040S1209B1947 - 60 -
1 LOCATED.] IN THE EVENT THAT THE REVENUES GENERATED BY THE
2 2% DO NOT MEET THE $10,000,000 MINIMUM SPECIFIED IN THIS
3 SUBPARAGRAPH, THE LICENSED GAMING ENTITY OPERATING THE
4 LICENSED FACILITY OR FACILITIES IN THE TOWNSHIP SHALL
5 REMIT THE DIFFERENCE TO THE MUNICIPALITY.
6 (VI) TO A BOROUGH HOSTING A LICENSED FACILITY OR
7 FACILITIES, OTHER THAN A CATEGORY 3 LICENSED FACILITY, 2%
8 OF THE GROSS TERMINAL REVENUE OR $10,000,000 ANNUALLY,
9 WHICHEVER IS GREATER, OF ALL LICENSED FACILITIES LOCATED
10 IN THAT BOROUGH. [SUBJECT, HOWEVER, TO THE BUDGETARY
11 LIMITATION IN THIS SUBPARAGRAPH. THE AMOUNT ALLOCATED TO
12 THE DESIGNATED MUNICIPALITIES SHALL NOT EXCEED 50% OF
13 THEIR TOTAL BUDGET FOR FISCAL YEAR 2003-2004, ADJUSTED
14 FOR INFLATION IN SUBSEQUENT YEARS BY AN AMOUNT NOT TO
15 EXCEED AN ANNUAL COST-OF-LIVING ADJUSTMENT CALCULATED BY
16 APPLYING THE PERCENTAGE CHANGE IN THE CONSUMER PRICE
17 INDEX FOR ALL URBAN CONSUMERS FOR THE PENNSYLVANIA, NEW
18 JERSEY, DELAWARE AND MARYLAND AREA, FOR THE MOST RECENT
19 12-MONTH PERIOD FOR WHICH FIGURES HAVE BEEN OFFICIALLY
20 REPORTED BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU
21 OF LABOR STATISTICS, IMMEDIATELY PRIOR TO THE DATE THE
22 ADJUSTMENT IS DUE TO TAKE EFFECT. ANY REMAINING MONEY
23 SHALL BE DISTRIBUTED IN ACCORDANCE WITH PARAGRAPH (2)
24 BASED UPON THE COUNTY WHERE THE LICENSED FACILITY OR
25 FACILITIES IS LOCATED.] IN THE EVENT THAT THE REVENUES
26 GENERATED BY THE 2% DO NOT MEET THE $10,000,000 MINIMUM
27 SPECIFIED IN THIS SUBPARAGRAPH, THE LICENSED GAMING
28 ENTITY OPERATING THE LICENSED FACILITY OR FACILITIES IN
29 THE BOROUGH SHALL REMIT THE DIFFERENCE TO THE
30 MUNICIPALITY.
20040S1209B1947 - 61 -
1 (VII) TO AN INCORPORATED TOWN HOSTING A LICENSED 2 FACILITY OR FACILITIES, OTHER THAN A CATEGORY 3 LICENSED 3 FACILITY, 2% OF THE GROSS TERMINAL REVENUE OR $10,000,000 4 ANNUALLY, WHICHEVER IS GREATER, OF ALL LICENSED 5 FACILITIES LOCATED IN THE TOWN. [SUBJECT, HOWEVER, TO THE 6 BUDGETARY LIMITATION IN THIS SUBPARAGRAPH. THE AMOUNT 7 ALLOCATED TO THE DESIGNATED MUNICIPALITIES SHALL NOT 8 EXCEED 50% OF THEIR TOTAL BUDGET FOR FISCAL YEAR 2003- 9 2004, ADJUSTED FOR INFLATION IN SUBSEQUENT YEARS BY AN 10 AMOUNT NOT TO EXCEED AN ANNUAL COST-OF-LIVING ADJUSTMENT 11 CALCULATED BY APPLYING THE PERCENTAGE CHANGE IN THE 12 CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS FOR THE 13 PENNSYLVANIA, NEW JERSEY, DELAWARE AND MARYLAND AREA, FOR 14 THE MOST RECENT 12-MONTH PERIOD FOR WHICH FIGURES HAVE 15 BEEN OFFICIALLY REPORTED BY THE UNITED STATES DEPARTMENT 16 OF LABOR, BUREAU OF LABOR STATISTICS, IMMEDIATELY PRIOR 17 TO THE DATE THE ADJUSTMENT IS DUE TO TAKE EFFECT. ANY 18 REMAINING MONEY SHALL BE DISTRIBUTED IN ACCORDANCE WITH 19 PARAGRAPH (2) BASED UPON THE COUNTY WHERE THE LICENSED 20 FACILITY OR FACILITIES IS LOCATED.] IN THE EVENT THAT THE 21 REVENUES GENERATED BY THE 2% DO NOT MEET THE $10,000,000 22 MINIMUM SPECIFIED IN THIS SUBPARAGRAPH, THE LICENSED 23 GAMING ENTITY OPERATING THE LICENSED FACILITY OR 24 FACILITIES IN THE TOWN SHALL REMIT THE DIFFERENCE TO THE 25 MUNICIPALITY. 26 (VIII) TO A MUNICIPALITY OF ANY CLASS HOSTING A 27 CATEGORY 3 FACILITY, 2% OF THE GROSS TERMINAL REVENUE 28 FROM THE CATEGORY 3 LICENSED FACILITY LOCATED IN THE 29 MUNICIPALITY. [SUBJECT, HOWEVER, TO THE BUDGETARY 30 LIMITATION IN THIS SUBPARAGRAPH. THE AMOUNT ALLOCATED TO 20040S1209B1947 - 62 -
1 THE DESIGNATED MUNICIPALITIES SHALL NOT EXCEED 50% OF 2 THEIR TOTAL BUDGET FOR FISCAL YEAR 2003-2004, ADJUSTED 3 FOR INFLATION IN SUBSEQUENT YEARS BY AN AMOUNT NOT TO 4 EXCEED AN ANNUAL COST-OF-LIVING ADJUSTMENT CALCULATED BY 5 APPLYING THE PERCENTAGE CHANGE IN THE CONSUMER PRICE 6 INDEX FOR ALL URBAN CONSUMERS FOR THE PENNSYLVANIA, NEW 7 JERSEY, DELAWARE AND MARYLAND AREA, FOR THE MOST RECENT 8 12-MONTH PERIOD FOR WHICH FIGURES HAVE BEEN OFFICIALLY 9 REPORTED BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU 10 OF LABOR STATISTICS, IMMEDIATELY PRIOR TO THE DATE THE 11 ADJUSTMENT IS DUE TO TAKE EFFECT. ANY REMAINING MONEY 12 SHALL BE DISTRIBUTED IN ACCORDANCE WITH PARAGRAPH (2) 13 BASED UPON THE COUNTY WHERE THE LICENSED FACILITY OR 14 FACILITIES IS LOCATED.] 15 (IX) ANY MUNICIPALITY NOT SPECIFICALLY ENUMERATED IN 16 SUBPARAGRAPHS (I) THROUGH (VIII), 2% OF THE GROSS 17 TERMINAL REVENUE TO THE MUNICIPALITY HOSTING THE LICENSED 18 FACILITY FROM EACH SUCH LICENSED FACILITY. 19 (X) IF THE LICENSED FACILITY IS LOCATED IN MORE THAN 20 ONE MUNICIPALITY, THE AMOUNT AVAILABLE SHALL BE 21 DISTRIBUTED ON A PRO RATA BASIS DETERMINED BY THE 22 PERCENTAGE OF ACREAGE LOCATED IN EACH MUNICIPALITY TO THE 23 TOTAL ACREAGE OF ALL MUNICIPALITIES OCCUPIED BY THE 24 LICENSED FACILITY. 25 (XI) IF THE LICENSED FACILITY IS LOCATED AT A RESORT 26 WHICH IS ALSO AN INCORPORATED MUNICIPALITY, SUCH 27 MUNICIPALITY SHALL NOT BE ELIGIBLE TO RECEIVE ANY 28 DISTRIBUTION UNDER THIS PARAGRAPH. THE DISTRIBUTION IT 29 WOULD HAVE OTHERWISE BEEN ENTITLED TO UNDER THIS 30 PARAGRAPH SHALL INSTEAD BE DISTRIBUTED IN ACCORDANCE WITH 20040S1209B1947 - 63 -
1 PARAGRAPH (2) BASED UPON THE COUNTY WHERE THE LICENSED 2 FACILITY IS LOCATED. 3 (XII) THE DISTRIBUTIONS PROVIDED IN THIS PARAGRAPH 4 SHALL BE BASED UPON MUNICIPAL CLASSIFICATIONS IN EFFECT 5 ON THE EFFECTIVE DATE OF THIS SECTION. FOR THE PURPOSES 6 OF THIS PARAGRAPH, ANY RECLASSIFICATION OF MUNICIPALITIES 7 AS A RESULT OF A FEDERAL DECENNIAL CENSUS OR OF A STATE 8 STATUTE SHALL NOT APPLY TO THIS PARAGRAPH. 9 (XIII) IF ANY PROVISION OF THIS PARAGRAPH IS FOUND 10 TO BE UNENFORCEABLE FOR ANY REASON, THE DISTRIBUTION 11 PROVIDED FOR IN SUCH UNENFORCEABLE PROVISION SHALL BE 12 MADE TO THE MUNICIPALITY IN WHICH THE LICENSED FACILITY 13 IS LOCATED. 14 (XIV) NOTHING IN THIS PARAGRAPH SHALL PREVENT ANY OF 15 THE ABOVE MUNICIPALITIES FROM ENTERING INTO 16 INTERGOVERNMENTAL COOPERATIVE AGREEMENTS WITH OTHER 17 JURISDICTIONS FOR SHARING THIS MONEY. 18 (XV) NOTWITHSTANDING ANY OTHER LAW, AGREEMENT OR 19 PROVISION IN THIS PART TO THE CONTRARY, ALL REVENUES 20 PROVIDED, DIRECTED OR EARMARKED UNDER THIS SECTION TO OR 21 FOR THE BENEFIT OF A CITY OF THE SECOND CLASS IN WHICH AN 22 INTERGOVERNMENTAL COOPERATION AUTHORITY HAS BEEN 23 ESTABLISHED AND IS IN EXISTENCE PURSUANT TO THE ACT OF 24 FEBRUARY 12, 2004 (P.L.73, NO.11), KNOWN AS THE 25 INTERGOVERNMENTAL COOPERATION AUTHORITY ACT FOR CITIES OF 26 THE SECOND CLASS, SHALL BE DIRECTED TO AND UNDER THE 27 EXCLUSIVE CONTROL OF SUCH INTERGOVERNMENTAL COOPERATION 28 AUTHORITY TO BE USED: 29 (A) TO REDUCE THE DEBT OF THE SECOND CLASS CITY; 30 (B) TO INCREASE THE LEVEL OF FUNDING OF THE 20040S1209B1947 - 64 -
1 MUNICIPAL PENSION FUNDS OF THE SECOND CLASS CITY; OR 2 (C) FOR ANY OTHER PURPOSES AS DETERMINED TO BE 3 IN THE BEST INTEREST OF THE SECOND CLASS CITY BY SUCH 4 INTERGOVERNMENTAL COOPERATION AUTHORITY. SUCH 5 REVENUES SHALL NOT BE DIRECTED TO OR UNDER THE 6 CONTROL OF SUCH CITY OF THE SECOND CLASS OR ANY 7 COORDINATOR APPOINTED PURSUANT TO THE ACT OF JULY 10, 8 1987 (P.L.246, NO.47), KNOWN AS THE MUNICIPALITIES 9 FINANCIAL RECOVERY ACT, FOR SUCH CITY OF THE SECOND 10 CLASS. 11 (D) PRIORITY TRANSFER FOR PRESERVATION OF FUNDING LEVEL FOR 12 STATE LOTTERY FUND.-- 13 (1) PRIOR TO MAKING ANY TRANSFER OR DISTRIBUTION UNDER 14 THIS SECTION OR SECTION 1408 (RELATING TO TRANSFERS FROM 15 STATE GAMING FUND), THE DEPARTMENT SHALL ANNUALLY DETERMINE 16 THE BALANCE IN THE STATE LOTTERY FUND AFTER PAYMENT, UNDER 17 SECTION 311 OF THE ACT OF AUGUST 26, 1971 (P.L.351, NO.91), 18 KNOWN AS THE STATE LOTTERY LAW, OF LOTTERY PRIZES AND 19 OPERATING EXPENSES OF THE DEPARTMENT RELATING THERETO FOR THE 20 PRIOR FISCAL YEAR AND SHALL MAKE THE TRANSFER UNDER PARAGRAPH 21 (2), IF APPLICABLE. 22 (2) IF SUCH BALANCE IS LESS THAN THE BALANCE FROM THE 23 PRIOR FISCAL YEAR DETERMINED IN THE SAME MANNER, THE 24 DEPARTMENT SHALL TRANSFER AN AMOUNT EQUAL TO THE DIFFERENCE 25 BETWEEN THE BALANCES FROM THE STATE GAMING FUND TO THE STATE 26 LOTTERY FUND. 27 § 1408. TRANSFERS FROM STATE GAMING FUND. 28 * * * 29 (E) TRANSFER TO PROPERTY TAX RELIEF FUND.--[MONTHLY] 30 ANNUALLY, THE STATE TREASURER SHALL TRANSFER THE REMAINING 20040S1209B1947 - 65 -
1 BALANCE IN THE STATE GAMING FUND WHICH IS NOT OTHERWISE 2 TRANSFERRED UNDER SECTION 1403(D) (RELATING TO ESTABLISHMENT OF 3 STATE GAMING FUND AND NET SLOT MACHINE REVENUE DISTRIBUTION) AND 4 ALLOCATED IN SUBSECTIONS (A), (B), (C) AND (D) TO THE PROPERTY 5 TAX RELIEF FUND ESTABLISHED IN SECTION 1409 (RELATING TO 6 PROPERTY TAX RELIEF FUND). 7 § 1506. [LOCAL LAND USE PREEMPTION] PREEMPTION. 8 [THE CONDUCT OF GAMING AS PERMITTED UNDER THIS PART, 9 INCLUDING THE PHYSICAL LOCATION OF ANY LICENSED FACILITY,] (A) 10 REGULATION.--GAMING AUTHORIZED BY THIS PART SHALL NOT BE 11 PROHIBITED OR OTHERWISE REGULATED BY ANY ORDINANCE, HOME RULE 12 CHARTER PROVISION, RESOLUTION, RULE OR REGULATION OF ANY 13 [POLITICAL SUBDIVISION OR ANY LOCAL OR STATE INSTRUMENTALITY OR 14 AUTHORITY THAT RELATES TO ZONING OR LAND USE TO THE EXTENT THAT 15 THE LICENSED FACILITY HAS BEEN APPROVED BY THE BOARD.] 16 MUNICIPALITY. 17 (B) LAND USE.--ANY ZONING AND LAND USE ORDINANCES, HOME RULE 18 CHARTER PROVISIONS, RESOLUTIONS, RULES OR REGULATIONS OF ANY 19 MUNICIPALITY SHALL NOT APPLY TO PROPERTY UPON WHICH A LICENSED 20 FACILITY OR LICENSED RACETRACK IS OR WILL BE LOCATED. THE BOARD 21 MAY [IN ITS DISCRETION CONSIDER SUCH] CONSIDER LOCAL ZONING 22 ORDINANCES WHEN CONSIDERING AN APPLICATION FOR A SLOT MACHINE 23 LICENSE. 24 (C) LOCAL IMPACT.-- 25 (1) THE BOARD SHALL PROVIDE THE [POLITICAL SUBDIVISION] 26 MUNICIPALITY, WITHIN WHICH AN APPLICANT FOR A SLOT MACHINE 27 LICENSE HAS PROPOSED TO LOCATE A LICENSED [GAMING] FACILITY, 28 A 60-DAY COMMENT PERIOD PRIOR TO THE BOARD'S FINAL APPROVAL, 29 CONDITION OR DENIAL OF APPROVAL OF [ITS] THE APPLICATION FOR 30 A SLOT MACHINE LICENSE. THE [POLITICAL SUBDIVISION] 20040S1209B1947 - 66 -
1 MUNICIPALITY MAY MAKE WRITTEN RECOMMENDATIONS TO THE BOARD 2 FOR IMPROVEMENTS TO THE APPLICANT'S PROPOSED SITE PLANS THAT 3 TAKE INTO ACCOUNT THE IMPACT ON THE LOCAL COMMUNITY.[, 4 INCLUDING, BUT NOT LIMITED TO, LAND USE AND TRANSPORTATION 5 IMPACT. THIS SECTION SHALL ALSO APPLY TO ANY PROPOSED 6 RACETRACK OR LICENSED RACETRACK.] 7 (2) WITHIN 30 DAYS FOLLOWING THE EXPIRATION OF THE 60- 8 DAY COMMENT PERIOD PROVIDED IN PARAGRAPH (1), THE BOARD SHALL 9 PROVIDE THE MUNICIPALITY WITH A WRITTEN RESPONSE TO EACH 10 WRITTEN RECOMMENDATION RECEIVED FROM THE MUNICIPALITY DURING 11 THE COMMENT PERIOD. 12 (3) A MUNICIPALITY SHALL HAVE THE RIGHT TO APPEAL ANY 13 RESPONSE OF THE BOARD THAT A MAJORITY VOTE OF THE GOVERNING 14 BODY OF THE MUNICIPALITY DETERMINES FAILS TO ADEQUATELY 15 ADDRESS THE IMPACT THAT THE GRANTING OF THE PROPOSED SLOT 16 MACHINE LICENSE WILL HAVE ON THE LOCAL COMMUNITY AND THAT THE 17 BOARD'S FAILURE TO DO SO WILL RESULT IN SERIOUS NEGATIVE 18 IMPACT TO THE LOCAL COMMUNITY. THE APPEAL OF THE MUNICIPALITY 19 SHALL BE MADE IN ACCORDANCE WITH THIS SECTION. THE PROCEDURES 20 SET FORTH IN THIS SECTION SHALL CONSTITUTE THE EXCLUSIVE MODE 21 FOR SECURING REVIEW OF ANY DECISION OF THE BOARD RELATING TO 22 THE IMPACT FINAL APPROVAL MAY HAVE ON THE LOCAL COMMUNITY. 23 (4) WITHIN TEN DAYS FOLLOWING RECEIPT OF THE WRITTEN 24 RESPONSE OF THE BOARD REQUIRED BY PARAGRAPH (2), THE 25 MUNICIPALITY SHALL NOTIFY THE BOARD WHETHER THE MUNICIPALITY 26 INTENDS TO FILE AN APPEAL SHOULD THE BOARD GRANT FINAL 27 APPROVAL TO THE SLOT MACHINE LICENSE APPLICANT. FAILURE TO 28 PROVIDE NOTICE AS REQUIRED BY THIS SUBSECTION SHALL BE DEEMED 29 A WAIVER OF ANY RIGHT TO SEEK JUDICIAL REVIEW OF THE IMPACT 30 THAT THE FINAL APPROVAL OF THE BOARD WILL HAVE ON THE LOCAL 20040S1209B1947 - 67 -
1 COMMUNITY. THE NOTICE REQUIRED BY THIS SUBSECTION SHALL 2 INCLUDE SPECIFIC OBJECTIONS TO THE RESPONSE OF THE BOARD AND 3 SHALL LIST THE GROUNDS ON WHICH THE MUNICIPALITY INTENDS TO 4 APPEAL AND SPECIFIC RECOMMENDATIONS TO MINIMIZE ANY NEGATIVE 5 IMPACT ON THE LOCAL COMMUNITY. THE NOTICE SHALL BE 6 ACCOMPANIED BY THE OFFICIAL VOTE OF THE GOVERNING AUTHORITY 7 OF THE MUNICIPALITY AUTHORIZING THE APPEAL SHOULD FINAL 8 APPROVAL BE GRANTED. 9 (5) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN 10 APPEAL FILED BY A MUNICIPALITY RELATING TO THE IMPACT THAT 11 THE FINAL APPROVAL OF THE BOARD WILL HAVE ON THE LOCAL 12 COMMUNITY SHALL BE TAKEN TO THE COMMONWEALTH COURT. AN APPEAL 13 TO COMMONWEALTH COURT BY A MUNICIPALITY PURSUANT TO THIS 14 SECTION SHALL BE FILED WITHIN TEN DAYS OF THE BOARD'S FINAL 15 APPROVAL AND SHALL BE ACCOMPANIED BY A REQUEST FOR AN 16 EXPEDITED HEARING BEFORE THE COURT. THE FILING IN 17 COMMONWEALTH COURT SHALL STATE SPECIFIC OBJECTIONS TO THE 18 RESPONSE OF THE BOARD AND SHALL LIST THE GROUNDS ON WHICH THE 19 GOVERNING AUTHORITY OF THE MUNICIPALITY BELIEVES THE FINAL 20 APPROVAL OF THE BOARD WILL RESULT IN SERIOUS NEGATIVE IMPACT 21 TO THE LOCAL COMMUNITY AND SHALL INCLUDE SPECIFIC 22 RECOMMENDATIONS TO MINIMIZE ANY NEGATIVE IMPACT FINAL 23 APPROVAL WILL HAVE ON THE LOCAL COMMUNITY. THE FILING SHALL 24 BE ACCOMPANIED BY A CERTIFIED COPY OF THE OFFICIAL VOTE OF 25 THE GOVERNING AUTHORITY OF THE MUNICIPALITY AUTHORIZING THAT 26 THE APPEAL BE TAKEN. 27 (6) UPON FILING OF AN APPEAL BY A MUNICIPALITY PURSUANT 28 TO THIS SECTION, THE COMMONWEALTH COURT SHALL FORTHWITH SEND 29 TO THE BOARD, BY REGISTERED OR CERTIFIED MAIL, A COPY OF THE 30 APPEAL, TOGETHER WITH A WRIT OF CERTIORARI COMMANDING THE 20040S1209B1947 - 68 -
1 BOARD, WITHIN 20 DAYS AFTER RECEIPT THEREOF, TO CERTIFY TO 2 THE COURT ITEMS AND INFORMATION IN THE POSSESSION OF THE 3 BOARD AND SUBJECT TO DISCLOSURE, WHICH RELATE TO THE GROUNDS 4 ON WHICH THE GOVERNING AUTHORITY OF THE MUNICIPALITY BELIEVES 5 THE FINAL APPROVAL OF THE BOARD WILL RESULT IN SERIOUS 6 NEGATIVE IMPACT TO THE LOCAL COMMUNITY AND TO THE GOVERNING 7 AUTHORITY'S SPECIFIC RECOMMENDATIONS TO MINIMIZE ANY NEGATIVE 8 IMPACT FINAL APPROVAL WILL HAVE ON THE LOCAL COMMUNITY. 9 (7) THE FILING OF AN APPEAL BY A MUNICIPALITY PURSUANT 10 TO THIS SECTION SHALL NOT STAY THE BOARD'S FINAL APPROVAL, 11 BUT THE MUNICIPALITY MAY PETITION THE COURT FOR A STAY. 12 WHETHER OR NOT A STAY IS SOUGHT BY THE MUNICIPALITY, THE 13 BOARD MAY PETITION THE COURT TO ORDER THE MUNICIPALITY TO 14 POST A BOND AS A CONDITION TO PROCEEDING WITH THE APPEAL. 15 AFTER THE PETITION FOR POSTING A BOND IS PRESENTED, THE COURT 16 SHALL HOLD A HEARING TO DETERMINE IF THE FILING OF THE APPEAL 17 IS FRIVOLOUS. AT THE HEARING, EVIDENCE MAY BE PRESENTED ON 18 THE MERITS OF THE CASE. IT SHALL BE THE BURDEN OF THE BOARD 19 TO PROVE THE APPEAL IS FRIVOLOUS. AFTER CONSIDERATION OF ALL 20 EVIDENCE PRESENTED, IF THE COURT DETERMINES THAT THE APPEAL 21 IS FRIVOLOUS, IT SHALL GRANT THE PETITION FOR POSTING A BOND. 22 THE RIGHT TO PETITION THE COURT TO ORDER THE MUNICIPALITY TO 23 POST A BOND MAY BE WAIVED BY THE BOARD, BUT SUCH WAIVER MAY 24 BE REVOKED BY THE BOARD IF AN APPEAL IS TAKEN FROM A FINAL 25 DETERMINATION OF THE COURT. THE QUESTION OF THE AMOUNT OF THE 26 BOND SHALL BE WITHIN THE SOUND DISCRETION OF THE COURT. AN 27 ORDER DENYING A PETITION FOR A BOND SHALL BE INTERLOCUTORY. 28 AN ORDER DIRECTING THE MUNICIPALITY TO POST A BOND SHALL BE 29 INTERLOCUTORY. 30 (8) IF AN APPEAL IS TAKEN BY THE MUNICIPALITY TO THE 20040S1209B1947 - 69 -
1 PETITION FOR A BOND FROM AN ORDER OF THE COURT DISMISSING AN 2 APPEAL FOR REFUSAL TO POST A BOND, AND THE SUPREME COURT 3 SUSTAINS THE PETITION FOR A BOND, UPON MOTION OF THE BOARD 4 AND AFTER HEARING IN THE COMMONWEALTH COURT, THE MUNICIPALITY 5 SHALL BE LIABLE FOR ALL REASONABLE COSTS, EXPENSES AND 6 ATTORNEY FEES INCURRED BY THE BOARD. 7 (9) WITHIN 30 DAYS FIRST FOLLOWING THE FILING OF AN 8 APPEAL BY A MUNICIPALITY PURSUANT TO THIS SECTION, THE 9 LICENSEE THAT WAS GRANTED FINAL APPROVAL BY THE BOARD MAY 10 INTERVENE BY FILING A NOTICE OF INTERVENTION, ACCOMPANIED BY 11 PROOF OF SERVICE OF THE SAME, UPON THE BOARD AND THE 12 MUNICIPALITY. 13 (10) IF, UPON MOTION, IT IS SHOWN THAT PROPER 14 CONSIDERATION OF THE APPEAL REQUIRES THE PRESENTATION OF 15 ADDITIONAL EVIDENCE, THE COMMONWEALTH COURT MAY HOLD A 16 HEARING TO RECEIVE ADDITIONAL EVIDENCE. IF THE INFORMATION 17 PROVIDED TO THE COURT PURSUANT TO PARAGRAPH (6) INCLUDES 18 FINDINGS OF FACT MADE BY THE BOARD, OR THE APPEAL IS REVIEWED 19 BY THE COURT WITHOUT TAKING ADDITIONAL EVIDENCE, THE FINDINGS 20 OF THE BOARD SHALL NOT BE DISTURBED BY THE COURT IF SUPPORTED 21 BY THE EVIDENCE. IF THE INFORMATION PROVIDED TO THE COURT 22 PURSUANT TO PARAGRAPH (6) DOES NOT INCLUDE FINDINGS OF FACT 23 MADE BY THE BOARD OR IF ADDITIONAL EVIDENCE IS TAKEN, THE 24 COURT MAY MAKE ITS OWN FINDINGS OF FACT BASED ON THE 25 INFORMATION PROVIDED AND THE ADDITIONAL EVIDENCE PRESENTED. 26 (11) IN AN APPEAL FILED BY A MUNICIPALITY PURSUANT TO 27 THIS SECTION, THE COMMONWEALTH COURT SHALL HAVE POWER TO 28 RECOMMEND THAT THE BOARD ALTER ITS FINAL APPROVAL TO MINIMIZE 29 SERIOUS NEGATIVE IMPACT ON THE LOCAL COMMUNITY, BUT THE COURT 30 SHALL NOT HAVE POWER TO PREVENT THE BOARD FROM GRANTING FINAL 20040S1209B1947 - 70 -
1 APPROVAL. SERIOUS NEGATIVE IMPACT SHALL BE PROVEN BY CLEAR 2 AND CONVINCING EVIDENCE. 3 (12) UPON AN ORDER OF THE COMMONWEALTH COURT 4 RECOMMENDING THAT THE BOARD ALTER ITS FINAL APPROVAL TO 5 MINIMIZE SERIOUS NEGATIVE IMPACT ON THE LOCAL COMMUNITY, THE 6 BOARD SHALL CONSIDER THE RECOMMENDATIONS OF THE COURT AND 7 WITHIN 30 DAYS ALTER THE FINAL APPROVAL AS THE BOARD DEEMS 8 APPROPRIATE. FINAL APPROVAL BY THE BOARD FOLLOWING AN APPEAL 9 SHALL NOT BE SUBJECT TO APPEAL. 10 § 1512. [PUBLIC OFFICIAL FINANCIAL INTEREST] FINANCIAL 11 INTERESTS AND COMPLIMENTARY SERVICES AND DISCOUNTS. 12 [(A) GENERAL RULE.--EXCEPT AS MAY BE PROVIDED BY RULE OR 13 ORDER OF THE PENNSYLVANIA SUPREME COURT, NO EXECUTIVE-LEVEL 14 STATE EMPLOYEE, PUBLIC OFFICIAL, PARTY OFFICER OR IMMEDIATE 15 FAMILY MEMBER THEREOF SHALL HAVE, AT OR FOLLOWING THE EFFECTIVE 16 DATE OF THIS PART, A FINANCIAL INTEREST IN OR BE EMPLOYED, 17 DIRECTLY OR INDIRECTLY, BY ANY LICENSED RACING ENTITY OR 18 LICENSED GAMING ENTITY, OR ANY HOLDING, AFFILIATE, INTERMEDIARY 19 OR SUBSIDIARY COMPANY, THEREOF, OR ANY SUCH APPLICANT, NOR 20 SOLICIT OR ACCEPT, DIRECTLY OR INDIRECTLY, ANY COMPLIMENTARY 21 SERVICE OR DISCOUNT FROM ANY LICENSED RACING ENTITY OR LICENSED 22 GAMING ENTITY WHICH HE OR SHE KNOWS OR HAS REASON TO KNOW IS 23 OTHER THAN A SERVICE OR DISCOUNT THAT IS OFFERED TO MEMBERS OF 24 THE GENERAL PUBLIC IN LIKE CIRCUMSTANCES DURING HIS OR HER 25 STATUS AS AN EXECUTIVE-LEVEL STATE EMPLOYEE, PUBLIC OFFICIAL OR 26 PARTY OFFICER AND FOR ONE YEAR FOLLOWING TERMINATION OF THE 27 PERSON'S STATUS AS AN EXECUTIVE-LEVEL STATE EMPLOYEE, PUBLIC 28 OFFICIAL OR PARTY OFFICER.] 29 (A) FINANCIAL INTERESTS.--AN EXECUTIVE-LEVEL STATE EMPLOYEE, 30 PUBLIC OFFICIAL OR PARTY OFFICER, OR AN IMMEDIATE FAMILY MEMBER 20040S1209B1947 - 71 -
1 THEREOF, SHALL NOT DO ANY OF THE FOLLOWING: 2 (1) INTENTIONALLY OR KNOWINGLY HOLD, WHETHER DIRECTLY OR 3 INDIRECTLY, A FINANCIAL INTEREST IN ANY SLOT MACHINE 4 LICENSEE, MANUFACTURER LICENSEE, SUPPLIER LICENSEE, LICENSED 5 RACING ENTITY OR IN ANY HOLDING, AFFILIATE, INTERMEDIARY OR 6 SUBSIDIARY COMPANY THEREOF WHILE THE INDIVIDUAL IS AN 7 EXECUTIVE-LEVEL STATE EMPLOYEE, PUBLIC OFFICIAL OR PARTY 8 OFFICER AND FOR ONE YEAR FOLLOWING TERMINATION OF THE 9 INDIVIDUAL'S STATUS AS AN EXECUTIVE-LEVEL STATE EMPLOYEE, 10 PUBLIC OFFICIAL OR PARTY OFFICER. 11 (2) INTENTIONALLY OR KNOWINGLY HOLD, WHETHER DIRECTLY OR 12 INDIRECTLY, A FINANCIAL INTEREST IN ANY APPLICANT FOR A SLOT 13 MACHINE LICENSE, MANUFACTURER LICENSE, SUPPLIER LICENSE OR 14 RACETRACK OR IN ANY HOLDING, AFFILIATE, INTERMEDIARY OR 15 SUBSIDIARY COMPANY OF THE APPLICANT WHILE THE INDIVIDUAL IS 16 AN EXECUTIVE-LEVEL STATE EMPLOYEE, PUBLIC OFFICIAL OR PARTY 17 OFFICER AND FOR ONE YEAR FOLLOWING TERMINATION OF THE 18 INDIVIDUAL'S STATUS AS AN EXECUTIVE-LEVEL STATE EMPLOYEE, 19 PUBLIC OFFICIAL OR PARTY OFFICER. 20 (A.1) EMPLOYMENT.-- 21 (1) AN EXECUTIVE-LEVEL STATE EMPLOYEE, PUBLIC OFFICIAL 22 OR PARTY OFFICER SHALL NOT BE EMPLOYED, WHETHER DIRECTLY OR 23 INDIRECTLY, BY ANY SLOT MACHINE LICENSEE, MANUFACTURER 24 LICENSEE, SUPPLIER LICENSEE, LICENSED RACING ENTITY OR 25 RACETRACK, OR AN APPLICANT THEREFOR, OR BY ANY HOLDING, 26 AFFILIATE, INTERMEDIARY OR SUBSIDIARY COMPANY THEREOF, WHILE 27 THE INDIVIDUAL IS AN EXECUTIVE-LEVEL STATE EMPLOYEE, PUBLIC 28 OFFICIAL OR PARTY OFFICER AND FOR ONE YEAR FOLLOWING 29 TERMINATION OF THE INDIVIDUAL'S STATUS AS AN EXECUTIVE-LEVEL 30 STATE EMPLOYEE, PUBLIC OFFICIAL OR PARTY OFFICER. 20040S1209B1947 - 72 -
1 (2) AN IMMEDIATE FAMILY MEMBER OF AN EXECUTIVE-LEVEL 2 STATE EMPLOYEE, PUBLIC OFFICIAL OR PARTY OFFICER SHALL NOT BE 3 EMPLOYED TO PROVIDE SERVICES FOR ANY SLOT MACHINE LICENSEE, 4 MANUFACTURER LICENSEE, SUPPLIER LICENSEE, LICENSED RACING 5 ENTITY OR RACETRACK, OR AN APPLICANT THEREFOR, OR BY ANY 6 HOLDING, AFFILIATE, INTERMEDIARY OR SUBSIDIARY COMPANY 7 THEREOF, WHILE THE EXECUTIVE-LEVEL STATE EMPLOYEE, PUBLIC 8 OFFICIAL OR PARTY OFFICER OF THE IMMEDIATE FAMILY MEMBER IS 9 AN EXECUTIVE-LEVEL STATE EMPLOYEE, PUBLIC OFFICIAL OR PARTY 10 OFFICER. 11 (A.2) COMPLIMENTARY SERVICES AND DISCOUNTS.--NO EXECUTIVE- 12 LEVEL STATE EMPLOYEE, PUBLIC OFFICIAL OR PARTY OFFICER, OR AN 13 IMMEDIATE FAMILY MEMBER THEREOF, SHALL SOLICIT OR ACCEPT, 14 WHETHER DIRECTLY OR INDIRECTLY, ANY COMPLIMENTARY SERVICE OR 15 DISCOUNT FROM ANY SLOT MACHINE LICENSEE, MANUFACTURER LICENSEE, 16 SUPPLIER LICENSEE, LICENSED RACING ENTITY OR FROM AN AFFILIATE, 17 INTERMEDIARY, SUBSIDIARY OR HOLDING COMPANY THEREOF WHICH THE 18 EXECUTIVE-LEVEL STATE EMPLOYEE, PUBLIC OFFICIAL OR PARTY 19 OFFICER, OR AN IMMEDIATE FAMILY MEMBER THEREOF, KNOWS OR HAS 20 REASON TO KNOW IS OTHER THAN A SERVICE OR DISCOUNT THAT IS 21 OFFERED TO MEMBERS OF THE GENERAL PUBLIC IN LIKE CIRCUMSTANCES 22 WHILE THE INDIVIDUAL IS AN EXECUTIVE-LEVEL STATE EMPLOYEE, 23 PUBLIC OFFICIAL OR PARTY OFFICER. 24 (A.3) GRADING.--AN INDIVIDUAL WHO VIOLATES THIS SECTION 25 COMMITS A MISDEMEANOR AND SHALL, UPON CONVICTION, BE SENTENCED 26 TO PAY A FINE OF NOT MORE THAN $1,000 OR TO IMPRISONMENT FOR NOT 27 MORE THAN ONE YEAR, OR BOTH. 28 (A.4) DIVESTITURE.--AN EXECUTIVE-LEVEL STATE EMPLOYEE, 29 PUBLIC OFFICIAL OR PARTY OFFICER, OR AN IMMEDIATE FAMILY MEMBER 30 THEREOF, WHO HOLDS A FINANCIAL INTEREST PROHIBITED BY THIS 20040S1209B1947 - 73 -
1 SECTION SHALL DIVEST THE FINANCIAL INTEREST WITHIN THREE MONTHS 2 OF THE EFFECTUATION OF THE RESTRICTIONS SET FORTH IN SUBSECTION 3 (A), AS APPLICABLE. 4 (A.5) LIST OF APPLICANTS.--THE BOARD SHALL PUBLISH MONTHLY 5 IN THE PENNSYLVANIA BULLETIN AND ON ITS INTERNET WEBSITE A LIST 6 OF APPLICANTS FOR SLOT MACHINE LICENSES, SUPPLIER LICENSES, 7 MANUFACTURER LICENSES AND OF THE AFFILIATES, INTERMEDIARIES, 8 SUBSIDIARIES AND HOLDING COMPANIES OF THE APPLICANTS. 9 (B) DEFINITIONS.--AS USED IN THIS SECTION, THE FOLLOWING 10 WORDS AND PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS 11 SUBSECTION: 12 "EXECUTIVE-LEVEL STATE EMPLOYEE." THE GOVERNOR, LIEUTENANT 13 GOVERNOR, CABINET MEMBERS, DEPUTY SECRETARIES, THE GOVERNOR'S 14 OFFICE EXECUTIVE STAFF, ANY STATE EMPLOYEE WITH DISCRETIONARY 15 POWERS WHICH MAY AFFECT THE OUTCOME OF A STATE AGENCY'S DECISION 16 IN RELATION TO A PRIVATE CORPORATION OR BUSINESS, WITH RESPECT 17 TO ANY MATTER COVERED BY THIS PART OR ANY EXECUTIVE EMPLOYEE WHO 18 BY VIRTUE OF HIS JOB FUNCTION COULD INFLUENCE THE OUTCOME OF 19 SUCH A DECISION. 20 "FINANCIAL INTEREST." OWNING OR HOLDING, OR BEING DEEMED TO 21 HOLD, DEBT OR EQUITY SECURITIES [EXCEEDING 1% OF THE EQUITY OR 22 FAIR MARKET VALUE OF THE LICENSED RACING ENTITY OR LICENSED 23 GAMING ENTITY, ITS HOLDING COMPANY, AFFILIATE, INTERMEDIARY OR 24 SUBSIDIARY BUSINESS] OR OTHER OWNERSHIP INTEREST OR PROFITS 25 INTEREST. A FINANCIAL INTEREST SHALL NOT INCLUDE ANY [SUCH STOCK 26 THAT IS HELD IN A BLIND TRUST OVER WHICH THE EXECUTIVE-LEVEL 27 STATE EMPLOYEE, PUBLIC OFFICIAL, PARTY OFFICER OR IMMEDIATE 28 FAMILY MEMBER THEREOF MAY NOT EXERCISE ANY MANAGERIAL CONTROL OR 29 RECEIVE INCOME DURING THE TENURE OF OFFICE AND THE PERIOD UNDER 30 SUBSECTION (A).] DEBT OR EQUITY SECURITY, OR OTHER OWNERSHIP 20040S1209B1947 - 74 -
1 INTEREST OR PROFITS INTEREST, WHICH IS HELD OR DEEMED TO BE HELD 2 IN ANY OF THE FOLLOWING MANNERS: 3 (1) A BLIND TRUST OVER WHICH THE EXECUTIVE-LEVEL STATE 4 EMPLOYEE, PUBLIC OFFICIAL OR PARTY OFFICER, OR AN IMMEDIATE 5 FAMILY MEMBER THEREOF, DOES NOT EXERCISE MANAGERIAL OR 6 INVESTMENT CONTROL DURING THE TENURE OF OFFICE AND THE PERIOD 7 UNDER SUBSECTION (A). 8 (2) A DEFINED BENEFIT PENSION PLAN, A DEFINED 9 CONTRIBUTION BENEFIT PENSION PLAN OR ANOTHER RETIREMENT PLAN, 10 OVER WHICH THE EXECUTIVE-LEVEL STATE EMPLOYEE, PUBLIC 11 OFFICIAL OR PARTY OFFICER, OR AN IMMEDIATE FAMILY MEMBER 12 THEREOF, DOES NOT EXERCISE MANAGERIAL OR INVESTMENT CONTROL 13 DURING THE TENURE OF OFFICE AND THE PERIOD UNDER SUBSECTION 14 (A). 15 (3) A TUITION ACCOUNT PLAN ORGANIZED AND OPERATED 16 PURSUANT TO SECTION 529 OF THE INTERNAL REVENUE CODE OF 1986 17 (PUBLIC LAW 99-514, 26 U.S.C. § 1 ET SEQ.). 18 (4) A MUTUAL FUND WHERE THE INTEREST OWNED BY THE MUTUAL 19 FUND IN A LICENSED ENTITY DOES NOT AMOUNT TO CONTROL OF THE 20 LICENSED ENTITY AS DEFINED BY THE INVESTMENT COMPANY ACT OF 21 1940 54 STAT. 789, 15 U.S.C. § 80A-1 ET SEQ.). 22 (5) ANY OTHER MANNER OVER WHICH THE EXECUTIVE-LEVEL 23 STATE EMPLOYEE, PUBLIC OFFICIAL OR PARTY OFFICER, OR AN 24 IMMEDIATE FAMILY MEMBER THEREOF, DOES NOT EXERCISE MANAGERIAL 25 OR INVESTMENT CONTROL DURING THE TENURE OF OFFICE AND THE 26 PERIOD UNDER SUBSECTION (A). 27 "IMMEDIATE FAMILY." A [PARENT,] SPOUSE, MINOR CHILD OR 28 UNEMANCIPATED CHILD[, BROTHER OR SISTER]. 29 "PARTY OFFICER." A MEMBER OF A NATIONAL COMMITTEE; A 30 CHAIRMAN, VICE CHAIRMAN, SECRETARY, TREASURER OR COUNSEL OF A 20040S1209B1947 - 75 -
1 STATE COMMITTEE OR MEMBER OF THE EXECUTIVE COMMITTEE OF A STATE 2 COMMITTEE; A COUNTY CHAIRMAN, VICE CHAIRMAN, COUNSEL, SECRETARY 3 OR TREASURER OF A COUNTY COMMITTEE; OR A CITY CHAIRMAN, VICE 4 CHAIRMAN, COUNSEL, SECRETARY OR TREASURER OF A CITY COMMITTEE. 5 "PUBLIC OFFICIAL." ANY PERSON ELECTED BY THE PUBLIC OR 6 ELECTED OR APPOINTED BY A GOVERNMENTAL BODY DIRECTLY RECEIVING 7 REVENUE UNDER THIS PART OR AN APPOINTED OFFICIAL IN THE 8 EXECUTIVE, LEGISLATIVE OR JUDICIAL BRANCH OF THIS COMMONWEALTH 9 OR ANY POLITICAL SUBDIVISION THEREOF DIRECTLY RECEIVING REVENUE 10 UNDER THIS PART, PROVIDED THAT IT SHALL NOT INCLUDE MEMBERS OF 11 SCHOOL BOARDS OR MEMBERS OF ADVISORY BOARDS THAT HAVE NO 12 AUTHORITY TO EXPEND PUBLIC FUNDS OTHER THAN REIMBURSEMENT FOR 13 PERSONAL EXPENSE OR TO OTHERWISE EXERCISE THE POWER OF THE 14 COMMONWEALTH OR ANY POLITICAL SUBDIVISION [OR COMMISSIONER OF 15 ANY AUTHORITY OR JOINT-STATE COMMISSION]. 16 SECTION 7. SECTION 1517(D) OF TITLE 4, ADDED JULY 5, 2004 17 (P.L.572, NO.71), IS AMENDED AND THE SECTION IS AMENDED BY 18 ADDING SUBSECTIONS TO READ: 19 § 1517. ENFORCEMENT. 20 * * * 21 (C.1) POWERS AND DUTIES OF ATTORNEY GENERAL.--WITHIN THE 22 OFFICE OF ATTORNEY GENERAL, THE ATTORNEY GENERAL SHALL ESTABLISH 23 A GAMING DIVISION. THE DIVISION SHALL INVESTIGATE AND INSTITUTE 24 CRIMINAL PROCEEDINGS AS AUTHORIZED BY SUBSECTION (D). 25 (D) CRIMINAL ACTION.-- 26 (1) THE DISTRICT ATTORNEYS OF THE SEVERAL COUNTIES SHALL 27 HAVE AUTHORITY TO INVESTIGATE AND TO INSTITUTE CRIMINAL 28 PROCEEDINGS FOR [ANY] A VIOLATION OF THIS PART. 29 (2) IN ADDITION TO THE AUTHORITY CONFERRED UPON THE 30 ATTORNEY GENERAL [BY] UNDER THE ACT OF OCTOBER 15, 1980 20040S1209B1947 - 76 -
1 (P.L.950, NO.164), KNOWN AS THE COMMONWEALTH ATTORNEYS ACT, 2 THE ATTORNEY GENERAL SHALL HAVE THE AUTHORITY TO INVESTIGATE 3 AND, FOLLOWING CONSULTATION WITH THE APPROPRIATE DISTRICT 4 ATTORNEY, TO INSTITUTE CRIMINAL PROCEEDINGS FOR [ANY] A 5 VIOLATION OF THIS PART. [OR ANY SERIES OF SUCH VIOLATIONS 6 INVOLVING ANY COUNTY OF THIS COMMONWEALTH AND ANOTHER STATE. 7 NO] A PERSON CHARGED WITH A VIOLATION OF THIS PART BY THE 8 ATTORNEY GENERAL SHALL NOT HAVE STANDING TO CHALLENGE THE 9 AUTHORITY OF THE ATTORNEY GENERAL TO INVESTIGATE OR PROSECUTE 10 THE CASE, AND, IF ANY SUCH CHALLENGE IS MADE, THE CHALLENGE 11 SHALL BE DISMISSED AND NO RELIEF SHALL BE AVAILABLE IN THE 12 COURTS OF THIS COMMONWEALTH TO THE PERSON MAKING THE 13 CHALLENGE. 14 (D.1) REGULATORY ACTION.--NOTHING CONTAINED IN SUBSECTION 15 (D) SHALL BE CONSTRUED TO LIMIT THE EXISTING REGULATORY OR 16 INVESTIGATIVE AUTHORITY OF A DEPARTMENT OR AGENCY OF THE 17 COMMONWEALTH WHOSE FUNCTIONS RELATE TO PERSONS OR MATTERS 18 FALLING WITHIN THE SCOPE OF THIS PART. 19 * * * 20 SECTION 7.1. SECTIONS 1518(A) AND (B), 1801 AND 1802 OF 21 TITLE 4, ADDED JULY 5, 2004 (P.L.572, NO.71), ARE AMENDED TO 22 READ: 23 § 1518. PROHIBITED ACTS; PENALTIES. 24 (A) CRIMINAL OFFENSES.-- 25 (1) THE PROVISIONS OF 18 PA.C.S. § 4902 (RELATING TO 26 PERJURY), 4903 (RELATING TO FALSE SWEARING) OR 4904 (RELATING 27 TO UNSWORN FALSIFICATION TO AUTHORITIES) SHALL APPLY TO ANY 28 PERSON PROVIDING INFORMATION OR MAKING ANY STATEMENT, WHETHER 29 WRITTEN OR ORAL, TO THE BOARD, THE BUREAU, THE DEPARTMENT, 30 THE PENNSYLVANIA STATE POLICE OR THE OFFICE OF ATTORNEY 20040S1209B1947 - 77 -
1 GENERAL, AS REQUIRED BY THIS PART. 2 (2) IT [IS] SHALL BE UNLAWFUL FOR A PERSON TO WILLFULLY: 3 (I) FAIL TO REPORT, PAY OR TRUTHFULLY ACCOUNT FOR 4 AND PAY OVER ANY LICENSE FEE, TAX OR ASSESSMENT IMPOSED 5 UNDER THIS PART; OR 6 (II) ATTEMPT IN ANY MANNER TO EVADE OR DEFEAT ANY 7 LICENSE FEE, TAX OR ASSESSMENT IMPOSED UNDER THIS [PARTY] 8 PART. 9 (3) IT [IS] SHALL BE UNLAWFUL FOR ANY LICENSED ENTITY, 10 GAMING EMPLOYEE, KEY EMPLOYEE OR ANY OTHER PERSON TO PERMIT A 11 SLOT MACHINE TO BE OPERATED, TRANSPORTED, REPAIRED OR OPENED 12 ON THE PREMISES OF A LICENSED FACILITY BY A PERSON OTHER THAN 13 A PERSON LICENSED OR PERMITTED BY THE BOARD PURSUANT TO THIS 14 PART. 15 (4) IT [IS] SHALL BE UNLAWFUL FOR ANY LICENSED ENTITY OR 16 OTHER PERSON TO MANUFACTURE, SUPPLY OR PLACE SLOT MACHINES 17 INTO PLAY OR DISPLAY SLOT MACHINES ON THE PREMISE OF A 18 LICENSED FACILITY WITHOUT THE AUTHORITY OF THE BOARD. 19 (5) EXCEPT AS PROVIDED FOR IN SECTION 1326 (RELATING TO 20 LICENSE RENEWALS), IT [IS] SHALL BE UNLAWFUL FOR A LICENSED 21 ENTITY OR OTHER PERSON TO MANUFACTURE, SUPPLY, OPERATE, CARRY 22 ON OR EXPOSE FOR PLAY ANY SLOT MACHINE AFTER THE PERSON'S 23 LICENSE HAS EXPIRED AND PRIOR TO THE ACTUAL RENEWAL OF THE 24 LICENSE. 25 (6) (I) EXCEPT AS SET FORTH IN SUBPARAGRAPH (II), IT 26 [IS] SHALL BE UNLAWFUL FOR AN INDIVIDUAL WHILE ON THE 27 PREMISES OF A LICENSED FACILITY TO KNOWINGLY USE CURRENCY 28 OTHER THAN LAWFUL COIN OR LEGAL TENDER OF THE UNITED 29 STATES OR A COIN NOT OF THE SAME DENOMINATION AS THE COIN 30 INTENDED TO BE USED IN THE SLOT MACHINE[.] WITH THE 20040S1209B1947 - 78 -
1 INTENT TO CHEAT OR DEFRAUD A LICENSED GAMING ENTITY OR 2 THE COMMONWEALTH OR DAMAGE THE SLOT MACHINE. 3 (II) IN THE PLAYING OF A SLOT MACHINE, IT [IS] SHALL 4 BE LAWFUL FOR AN INDIVIDUAL TO USE GAMING BILLETS, TOKENS 5 OR SIMILAR OBJECTS ISSUED BY THE LICENSED GAMING ENTITY 6 WHICH ARE APPROVED BY THE BOARD. 7 (7) (I) EXCEPT AS SET FORTH IN SUBPARAGRAPH (II), IT 8 [IS] SHALL BE UNLAWFUL FOR AN INDIVIDUAL [ON THE PREMISES 9 OF A LICENSED FACILITY] TO USE OR POSSESS A CHEATING OR 10 THIEVING DEVICE, COUNTERFEIT OR ALTERED BILLET, TICKET, 11 TOKEN OR SIMILAR OBJECTS ACCEPTED BY A SLOT MACHINE OR 12 COUNTERFEIT OR ALTERED SLOT MACHINE-ISSUED TICKETS OR 13 VOUCHERS AT A LICENSED FACILITY. 14 (II) AN AUTHORIZED EMPLOYEE OF A LICENSEE OR AN 15 EMPLOYEE OF THE BOARD MAY POSSESS AND USE A CHEATING OR 16 THIEVING DEVICE, COUNTERFEIT OR ALTERED BILLET, TICKET, 17 TOKEN OR SIMILAR OBJECTS ACCEPTED BY A SLOT MACHINE OR 18 COUNTERFEIT OR ALTERED SLOT MACHINE-ISSUED TICKETS OR 19 VOUCHERS [ONLY] IN PERFORMANCE OF THE DUTIES OF 20 EMPLOYMENT. 21 (III) AS USED IN THIS PARAGRAPH, THE TERM "CHEATING 22 OR THIEVING DEVICE" INCLUDES, BUT IS NOT LIMITED TO, A 23 DEVICE TO FACILITATE THE ALIGNMENT OF ANY WINNING 24 COMBINATION OR TO REMOVE FROM ANY SLOT MACHINE MONEY OR 25 OTHER CONTENTS. THE TERM INCLUDES, BUT IS NOT LIMITED TO, 26 A TOOL, DRILL, WIRE, COIN OR TOKEN ATTACHED TO A STRING 27 OR WIRE AND ANY ELECTRONIC OR MAGNETIC DEVICE. 28 (8) (I) EXCEPT AS SET FORTH IN SUBPARAGRAPH (II), IT 29 [IS] SHALL BE UNLAWFUL FOR AN INDIVIDUAL TO KNOWINGLY 30 POSSESS OR USE WHILE ON THE PREMISES OF A LICENSED 20040S1209B1947 - 79 -
1 FACILITY A KEY OR DEVICE DESIGNED FOR THE PURPOSE OF AND 2 SUITABLE FOR OPENING OR ENTERING ANY SLOT MACHINE OR COIN 3 BOX WHICH IS LOCATED ON THE PREMISES OF THE LICENSED 4 FACILITY. 5 (II) AN AUTHORIZED EMPLOYEE OF A LICENSEE OR A 6 MEMBER OF THE BOARD MAY POSSESS AND USE A DEVICE REFERRED 7 TO IN SUBPARAGRAPH (I) [ONLY] IN THE PERFORMANCE OF THE 8 DUTIES OF EMPLOYMENT. 9 (9) IT [IS] SHALL BE UNLAWFUL FOR A PERSON OR LICENSED 10 ENTITY TO POSSESS ANY DEVICE, EQUIPMENT OR MATERIAL WHICH THE 11 PERSON OR LICENSED ENTITY KNOWS HAS BEEN MANUFACTURED, 12 DISTRIBUTED, SOLD, TAMPERED WITH OR SERVICED IN VIOLATION OF 13 THE PROVISIONS OF THIS PART[.] WITH THE INTENT TO USE THE 14 DEVICE, EQUIPMENT OR MATERIAL AS THOUGH IT HAD BEEN 15 MANUFACTURED, DISTRIBUTED, SOLD, TAMPERED WITH OR SERVICED 16 PURSUANT TO THIS PART. 17 (9.1) IT SHALL BE UNLAWFUL FOR A PERSON TO SELL, OFFER 18 FOR SALE, REPRESENT OR PASS OFF AS LAWFUL ANY DEVICE, 19 EQUIPMENT OR MATERIAL WHICH THE PERSON OR LICENSED ENTITY 20 KNOWS HAS BEEN MANUFACTURED, DISTRIBUTED, SOLD, TAMPERED WITH 21 OR SERVICED IN VIOLATION OF THIS PART. 22 (10) IT [IS] SHALL BE UNLAWFUL FOR AN INDIVIDUAL TO WORK 23 OR BE EMPLOYED IN A POSITION THE DUTIES OF WHICH WOULD 24 REQUIRE LICENSING OR PERMITTING UNDER THE PROVISIONS OF THIS 25 PART WITHOUT FIRST OBTAINING THE REQUISITE LICENSE OR PERMIT 26 [AS PROVIDED FOR IN] ISSUED UNDER THE PROVISIONS OF THIS 27 PART. 28 (11) IT [IS] SHALL BE UNLAWFUL FOR A LICENSED GAMING 29 ENTITY THAT IS A LICENSED RACING ENTITY AND THAT HAS LOST THE 30 LICENSE ISSUED TO IT BY EITHER THE STATE HORSE RACING 20040S1209B1947 - 80 -
1 COMMISSION OR THE STATE HARNESS RACING COMMISSION UNDER THE 2 RACE HORSE INDUSTRY REFORM ACT OR THAT HAS HAD THAT LICENSE 3 SUSPENDED TO OPERATE SLOT MACHINES AT THE RACETRACK FOR WHICH 4 ITS SLOT MACHINE LICENSE WAS ISSUED UNLESS THE LICENSE ISSUED 5 TO IT BY EITHER THE STATE HORSE RACING COMMISSION OR THE 6 STATE HARNESS RACING COMMISSION WILL BE SUBSEQUENTLY REISSUED 7 OR REINSTATED WITHIN 30 DAYS AFTER THE LOSS OR SUSPENSION. 8 (12) IT [IS] SHALL BE UNLAWFUL FOR A LICENSED ENTITY TO 9 EMPLOY OR CONTINUE TO EMPLOY AN INDIVIDUAL IN A POSITION THE 10 DUTIES OF WHICH REQUIRE A LICENSE OR PERMIT UNDER THE 11 PROVISIONS OF THIS PART IF THE INDIVIDUAL: 12 (I) [AN INDIVIDUAL] IS NOT LICENSED OR PERMITTED 13 UNDER THE PROVISIONS OF THIS PART. 14 (II) [AN INDIVIDUAL WHO IS] IS PROHIBITED FROM 15 ACCEPTING EMPLOYMENT FROM A LICENSEE. 16 (13) IT [IS] SHALL BE UNLAWFUL FOR ANY PERSON UNDER 18 17 YEARS OF AGE TO BE PERMITTED IN THE AREA OF A LICENSED 18 FACILITY WHERE SLOT MACHINES ARE OPERATED. 19 (B) CRIMINAL PENALTIES AND FINES.-- 20 (1) (I) A PERSON [THAT VIOLATES SUBSECTION (A)(1) 21 COMMITS AN OFFENSE TO BE GRADED IN ACCORDANCE WITH 18 22 PA.C.S. § 4902, 4903 OR 4904, AS APPLICABLE, FOR A FIRST 23 CONVICTION.] WHO COMMITS A FIRST OFFENSE IN VIOLATION OF 24 18 PA.C.S § 4902, 4903 OR 4904 IN CONNECTION WITH 25 PROVIDING INFORMATION OR MAKING ANY STATEMENT, WHETHER 26 WRITTEN OR ORAL, TO THE BOARD, THE BUREAU, THE 27 DEPARTMENT, THE PENNSYLVANIA STATE POLICE OR THE OFFICE 28 OF ATTORNEY GENERAL AS REQUIRED BY THIS PART COMMITS AN 29 OFFENSE TO BE GRADED IN ACCORDANCE WITH THE APPLICABLE 30 SECTION VIOLATED. A PERSON THAT IS CONVICTED OF A SECOND 20040S1209B1947 - 81 -
1 OR SUBSEQUENT VIOLATION OF [SUBSECTION (A)(1)] 18 PA.C.S. 2 § 4902, 4903 OR 4904 IN CONNECTION WITH PROVIDING 3 INFORMATION OR MAKING ANY STATEMENT, WHETHER WRITTEN OR 4 ORAL, TO THE BOARD, THE BUREAU, THE DEPARTMENT, THE 5 PENNSYLVANIA STATE POLICE OR THE OFFICE OF ATTORNEY 6 GENERAL AS REQUIRED BY THIS PART COMMITS A FELONY OF THE 7 SECOND DEGREE. 8 (II) A PERSON THAT VIOLATES SUBSECTION (A)(2) 9 THROUGH (12) COMMITS A MISDEMEANOR OF THE FIRST DEGREE. A 10 PERSON THAT IS CONVICTED OF A SECOND OR SUBSEQUENT 11 VIOLATION OF SUBSECTION (A)(2) THROUGH (12) COMMITS A 12 FELONY OF THE SECOND DEGREE. 13 (2) (I) FOR A FIRST VIOLATION OF SUBSECTION (A)(1) 14 THROUGH (12), A PERSON SHALL BE SENTENCED TO PAY A FINE 15 OF: 16 (A) NOT LESS THAN $75,000 NOR MORE THAN $150,000 17 IF THE PERSON IS AN INDIVIDUAL; 18 (B) NOT LESS THAN $300,000 NOR MORE THAN 19 $600,000 IF THE PERSON IS A LICENSED GAMING ENTITY; 20 OR 21 (C) NOT LESS THAN $150,000 NOR MORE THAN 22 $300,000 IF THE PERSON IS A LICENSED MANUFACTURER OR 23 SUPPLIER. 24 (II) FOR A SECOND OR SUBSEQUENT VIOLATION OF 25 SUBSECTION (A)(1) THROUGH (12), A PERSON SHALL BE 26 SENTENCED TO PAY A FINE OF: 27 (A) NOT LESS THAN $150,000 NOR MORE THAN 28 $300,000 IF THE PERSON IS AN INDIVIDUAL; 29 (B) NOT LESS THAN $600,000 NOR MORE THAN 30 $1,200,000 IF THE PERSON IS A LICENSED GAMING ENTITY; 20040S1209B1947 - 82 -
1 OR 2 (C) NOT LESS THAN $300,000 NOR MORE THAN 3 $600,000 IF THE PERSON IS A LICENSED MANUFACTURER OR 4 SUPPLIER. 5 * * * 6 § 1801. DUTY TO PROVIDE. 7 NOTWITHSTANDING THE PROVISIONS OF THE RACE HORSE INDUSTRY 8 REFORM ACT OR THIS PART, THE PENNSYLVANIA STATE POLICE SHALL, AT 9 THE REQUEST OF THE COMMISSIONS OR THE BOARD, PROVIDE CRIMINAL 10 HISTORY BACKGROUND INVESTIGATIONS, WHICH SHALL INCLUDE RECORDS 11 OF CRIMINAL ARRESTS [OR] AND CONVICTIONS, NO MATTER WHERE 12 OCCURRING, INCLUDING FEDERAL CRIMINAL HISTORY RECORD 13 INFORMATION, ON APPLICANTS FOR LICENSURE AND PERMIT APPLICANTS 14 BY THE RESPECTIVE AGENCIES PURSUANT TO THE RACE HORSE INDUSTRY 15 REFORM ACT OR THIS PART. REQUESTS FOR CRIMINAL HISTORY 16 BACKGROUND INVESTIGATIONS MAY, AT THE DIRECTION OF THE 17 COMMISSIONS OR THE BOARD, INCLUDE, BUT NOT BE LIMITED TO, 18 OFFICERS, DIRECTORS AND STOCKHOLDERS OF LICENSED CORPORATIONS, 19 KEY EMPLOYEES, FINANCIAL BACKERS, GAMING EMPLOYEES, HORSE 20 OWNERS, TRAINERS, JOCKEYS, DRIVERS AND OTHER PERSONS 21 PARTICIPATING IN THOROUGHBRED OR HARNESS HORSE MEETINGS AND 22 OTHER PERSONS AND VENDORS WHO EXERCISE THEIR OCCUPATION OR 23 EMPLOYMENT AT SUCH MEETINGS, LICENSED FACILITIES OR LICENSED 24 [RACETRACK] RACETRACKS. FOR THE PURPOSES OF THIS [CHAPTER] PART, 25 THE BOARD AND COMMISSIONS MAY RECEIVE AND RETAIN INFORMATION 26 OTHERWISE PROTECTED BY 18 PA.C.S. CH. 91 (RELATING TO CRIMINAL 27 HISTORY RECORD INFORMATION). 28 § 1802. SUBMISSION OF FINGERPRINTS AND PHOTOGRAPHS. 29 [APPLICANTS] APPOINTEES, EMPLOYEES AND PROSPECTIVE EMPLOYEES 30 ENGAGED IN THE SERVICE OF THE COMMISSIONS OR THE BOARD, AND 20040S1209B1947 - 83 -
1 APPLICANTS UNDER THIS PART SHALL SUBMIT TO FINGERPRINTING AND 2 PHOTOGRAPHING BY THE PENNSYLVANIA STATE POLICE[.] OR BY A LOCAL 3 LAW ENFORCEMENT AGENCY CAPABLE OF SUBMITTING FINGERPRINTS AND 4 PHOTOGRAPHS ELECTRONICALLY TO THE PENNSYLVANIA STATE POLICE 5 UTILIZING THE INTEGRATED AUTOMATED FINGERPRINT IDENTIFICATION 6 SYSTEM AND THE COMMONWEALTH PHOTO IMAGING NETWORK OR IN A MANNER 7 AND IN SUCH FORM AS MAY BE PROVIDED BY THE PENNSYLVANIA STATE 8 POLICE. FINGERPRINTING PURSUANT TO THIS PART SHALL REQUIRE, AT A 9 MINIMUM, THE SUBMISSION OF A FULL SET OF FINGERPRINTS. 10 PHOTOGRAPHING PURSUANT TO THIS PART SHALL REQUIRE SUBMISSION TO 11 PHOTOGRAPHS OF THE FACE AND ANY SCARS, MARKS OR TATTOOS FOR 12 PURPOSES OF COMPARISON UTILIZING AN AUTOMATED BIOMETRIC IMAGING 13 SYSTEM. THE PENNSYLVANIA STATE POLICE SHALL SUBMIT [THE] 14 FINGERPRINTS [IF NECESSARY] AS REQUIRED BY THIS PART OR WHEN 15 REQUESTED BY THE COMMISSIONS OR THE BOARD TO THE FEDERAL BUREAU 16 OF INVESTIGATION FOR PURPOSES OF VERIFYING THE IDENTITY OF THE 17 APPLICANTS AND OBTAINING RECORDS OF CRIMINAL ARRESTS AND 18 CONVICTIONS IN ORDER TO PREPARE CRIMINAL HISTORY BACKGROUND 19 INVESTIGATIONS UNDER SECTION 1801 (RELATING TO DUTY TO PROVIDE). 20 [THE] FINGERPRINTS AND PHOTOGRAPHS OBTAINED PURSUANT TO THIS 21 PART MAY BE MAINTAINED BY THE COMMISSIONS, THE BOARD AND THE 22 PENNSYLVANIA STATE POLICE FOR USE PURSUANT TO THIS PART AND FOR 23 GENERAL LAW ENFORCEMENT PURPOSES. IN ADDITION TO ANY OTHER FEE 24 OR COST ASSESSED BY THE COMMISSIONS OR THE BOARD, AN APPLICANT 25 SHALL PAY FOR THE COST OF FINGERPRINTING AND PHOTOGRAPHING. 26 SECTION 8. SECTION 911(H)(1) OF TITLE 18 IS AMENDED TO READ: 27 § 911. CORRUPT ORGANIZATIONS. 28 * * * 29 (H) DEFINITIONS.--AS USED IN THIS SECTION: 30 (1) "RACKETEERING ACTIVITY" MEANS ALL OF THE FOLLOWING: 20040S1209B1947 - 84 -
1 (I) [ANY] AN ACT WHICH IS INDICTABLE UNDER ANY OF 2 THE FOLLOWING PROVISIONS OF THIS TITLE: 3 CHAPTER 25 (RELATING TO CRIMINAL HOMICIDE) 4 SECTION 2706 (RELATING TO TERRORISTIC THREATS) 5 CHAPTER 29 (RELATING TO KIDNAPPING) 6 CHAPTER 33 (RELATING TO ARSON, ETC.) 7 CHAPTER 37 (RELATING TO ROBBERY) 8 CHAPTER 39 (RELATING TO THEFT AND RELATED 9 OFFENSES) 10 SECTION 4108 (RELATING TO COMMERCIAL BRIBERY AND 11 BREACH OF DUTY TO ACT DISINTERESTEDLY) 12 SECTION 4109 (RELATING TO RIGGING PUBLICLY 13 EXHIBITED CONTEST) 14 SECTION 4117 (RELATING TO INSURANCE FRAUD) 15 CHAPTER 47 (RELATING TO BRIBERY AND CORRUPT 16 INFLUENCE) 17 CHAPTER 49 (RELATING TO FALSIFICATION AND 18 INTIMIDATION) 19 SECTION 5111 (RELATING TO DEALING IN PROCEEDS OF 20 UNLAWFUL ACTIVITIES) 21 SECTION 5512 THROUGH 5514 (RELATING TO GAMBLING) 22 CHAPTER 59 (RELATING TO PUBLIC INDECENCY). 23 (II) [ANY] AN OFFENSE INDICTABLE UNDER SECTION 13 OF 24 THE ACT OF APRIL 14, 1972 (P.L.233, NO.64), KNOWN AS THE 25 CONTROLLED SUBSTANCE, DRUG, DEVICE AND COSMETIC ACT 26 (RELATING TO THE SALE AND DISPENSING OF NARCOTIC 27 DRUGS)[;]. 28 (III) [ANY] A CONSPIRACY TO COMMIT ANY OF THE 29 OFFENSES SET FORTH IN SUBPARAGRAPHS (I) [AND (II) OF THIS 30 PARAGRAPH; OR], (II) OR (V). 20040S1209B1947 - 85 -
1 (IV) [THE] THE COLLECTION OF ANY MONEY OR OTHER 2 PROPERTY IN FULL OR PARTIAL SATISFACTION OF A DEBT WHICH 3 AROSE AS THE RESULT OF THE LENDING OF MONEY OR OTHER 4 PROPERTY AT A RATE OF INTEREST EXCEEDING 25% PER ANNUM OR 5 THE EQUIVALENT RATE FOR A LONGER OR SHORTER PERIOD, WHERE 6 NOT OTHERWISE AUTHORIZED BY LAW. 7 (V) AN OFFENSE INDICTABLE UNDER 4 PA.C.S. PT. II 8 (RELATING TO GAMING). 9 [ANY] AN ACT WHICH OTHERWISE WOULD BE CONSIDERED RACKETEERING 10 ACTIVITY BY REASON OF THE APPLICATION OF THIS PARAGRAPH, 11 SHALL NOT BE EXCLUDED FROM ITS APPLICATION SOLELY BECAUSE THE 12 OPERATIVE ACTS TOOK PLACE OUTSIDE THE JURISDICTION OF THIS 13 COMMONWEALTH, IF SUCH ACTS WOULD HAVE BEEN IN VIOLATION OF 14 THE LAW OF THE JURISDICTION IN WHICH THEY OCCURRED. 15 * * * 16 Section 9. All acts and parts of acts, including 4 Pa.C.S. 17 Pt. II, are repealed insofar as they are inconsistent with this 18 act. 19 Section 10. This act shall take effect immediately. <-- 20 SECTION 10. THIS ACT SHALL TAKE EFFECT AS FOLLOWS: <-- 21 (1) THE AMENDMENT OF 4 PA.C.S. § 1403(C)(3) SHALL TAKE 22 EFFECT IN 60 DAYS. 23 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT 24 IMMEDIATELY. G21L04DMS/20040S1209B1947 - 86 -