PRINTER'S NO. 2210
No. 1712 Session of 2003
INTRODUCED BY BISHOP, ROONEY, DALEY, WILLIAMS, BEBKO-JONES,
THOMAS, STURLA, KIRKLAND, HORSEY, CRUZ, YOUNGBLOOD, WATERS,
MELIO, STETLER, VEON AND BELARDI, JUNE 25, 2003
REFERRED TO COMMITTEE ON STATE GOVERNMENT, JUNE 25, 2003
AN ACT
1 Amending Title 62 (Procurement) of the Pennsylvania Consolidated
2 Statutes, providing for contract clauses and preferences for
3 gambling; and imposing powers and duties on the Pennsylvania
4 Human Relations Commission.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Chapter 37 of Title 62 of the Pennsylvania
8 Consolidated Statutes is amended by adding a subchapter to read:
9 SUBCHAPTER F
10 GAMBLING
11 Sec.
12 3761. Declaration of policy.
13 3762. Definitions.
14 3763. Licenses.
15 3764. Contracts.
16 § 3761. Declaration of policy.
17 The General Assembly finds and declares as follows:
18 (1) Past effects of discrimination against disadvantaged
1 minorities and women continue in the present, slowing the
2 growth and development of business enterprises owned or
3 operated by members of disadvantaged minorities and women.
4 (2) Affirmative action in gambling enterprises will help
5 to alleviate the problem referred to in paragraph (1).
6 (3) Gambling enterprises should benefit the areas
7 surrounding the facilities in which they are operated.
8 § 3762. Definitions.
9 The following words and phrases when used in this subchapter
10 shall have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Commission." The Pennsylvania Human Relations Commission.
13 "Disadvantaged minority." A cultural or racial group which
14 The Pennsylvania Human Relations Commission determines, by
15 regulation, to be economically disadvantaged.
16 "Gambling enterprise." Any type of gambling which:
17 (1) is authorized by statute; and
18 (2) either:
19 (i) requires licensure by a Commonwealth agency; or
20 (ii) is operated by a Commonwealth agency or an
21 authority or instrumentality of the Commonwealth.
22 "Substantial ownership or management." Any of the following:
23 (1) Being a sole proprietorship.
24 (2) Having a partnership interest of at least 15% in a
25 partnership.
26 (3) Having at least 15% of the voting shares in a
27 corporation.
28 § 3763. Licenses.
29 Any license, permit or certificate issued to a gambling
30 enterprise shall be conditioned upon the gambling enterprise
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1 hiring 35% of its work force from within a six-mile radius of
2 each facility it operates.
3 § 3764. Contracts.
4 In bidding contracts relating to gambling enterprises, the
5 purchasing agency shall do all of the following for gambling
6 enterprises in which there is substantial ownership or
7 management by members of disadvantaged minorities or women:
8 (1) Provide assistance in bid preparation.
9 (2) Provide assistance in obtaining security.
10 Section 2. The Pennsylvania Human Relations Commission shall
11 promulgate regulations to implement the addition of 62 Pa.C.S.
12 Ch. 37 Subch. F.
13 Section 3. This act shall apply to the following:
14 (1) Licenses, permits and certificates issued or renewed
15 on or after the effective date of this section.
16 (2) Contracts bid on or after the effective date of this
17 section.
18 Section 4. This act shall take effect as follows:
19 (1) The following provisions shall take effect on the
20 effective date of regulations promulgated under section 2 of
21 this act:
22 (i) The addition of 62 Pa.C.S. Ch. 37 Subch. F.
23 (ii) Section 3 of this act.
24 (2) The remainder of this act shall take effect
25 immediately.
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