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| PRIOR PRINTER'S NOS. 1396, 1399 | PRINTER'S NO. 1482 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY EARLL, SEPTEMBER 14, 2009 |
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| SENATOR EARLL, COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT, RE-REPORTED AS AMENDED, OCTOBER 8, 2009 |
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| AN ACT |
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1 | Amending Title 4 (Amusements) of the Pennsylvania Consolidated | <-- |
2 | Statutes, in administration and enforcement, further |
3 | providing for declaration of exemption from Federal laws |
4 | prohibiting slot machines. |
5 | Amending Title 4 (Amusements) of the Pennsylvania Consolidated | <-- |
6 | Statutes, further providing for legislative intent and for |
7 | the definitions of "conviction," "licensed entity" and "slot |
8 | machine licensee"; providing for the definitions of |
9 | "executive-level public employee," "licensed entity |
10 | representative" and "trustee"; further providing for the |
11 | Pennsylvania Gaming Control Board, for the applicability of |
12 | other statutes, for powers of the board and for code of |
13 | conduct; providing for expenses of Pennsylvania Gaming |
14 | Control Board; further providing for license or permit |
15 | application hearing process and public hearings, for board |
16 | minutes and records, for slot machine license fee, for |
17 | reports of board, for license or permit prohibition, for |
18 | application for license or permit, for slot machine license |
19 | application character requirements, for license renewals, for |
20 | change in ownership or control of slot machine licensees and |
21 | for nonportability of slot machine license; providing for |
22 | appointment of trustee; further providing for Pennsylvania |
23 | Gaming Economic Development and Tourism Fund, for declaration |
24 | of exemption from Federal laws prohibiting slot machines and |
25 | for financial and employment interests; providing for |
26 | prosecutorial and adjudicative functions; further providing |
27 | for investigations and enforcement and for conduct of public |
28 | officials and employees; and providing for additional |
29 | authority. |
30 | The General Assembly of the Commonwealth of Pennsylvania |
31 | hereby enacts as follows: |
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1 | Section 1. Section 1511(b) of Title 4 of the Pennsylvania | <-- |
2 | Consolidated Statutes is amended to read: |
3 | Section 1. Section 1102(11) of Title 4 of the Pennsylvania | <-- |
4 | Consolidated Statutes is amended and the section is amended by |
5 | adding paragraphs to read: |
6 | § 1102. Legislative intent. |
7 | The General Assembly recognizes the following public policy |
8 | purposes and declares that the following objectives of the |
9 | Commonwealth are to be served by this part: |
10 | * * * |
11 | (10.1) The General Assembly has a compelling interest in |
12 | protecting the integrity of both the electoral process and |
13 | the legislative process by preventing corruption and the |
14 | appearance of corruption which may arise through permitting |
15 | campaign contributions by the gaming industry. |
16 | (11) It is necessary to maintain the integrity of the |
17 | regulatory control and legislative oversight over the |
18 | operation of slot machines in this Commonwealth; to prevent |
19 | the actual or appearance of corruption that may result from |
20 | [large] campaign contributions; ensure the bipartisan |
21 | administration of this part; and avoid actions that may erode |
22 | public confidence in the system of representative government. |
23 | (11.1) Completely banning campaign contributions by |
24 | certain individuals and entities subject to this act is |
25 | necessary to prevent corruption, or the appearance of |
26 | corruption, that may arise when politics and gaming are |
27 | intermingled. |
28 | Section 2. The definitions of "conviction," "licensed |
29 | entity" and "slot machine licensee" in section 1103 of Title 4 |
30 | are amended and the section is amended by adding definitions to |
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1 | read: |
2 | § 1103. Definitions. |
3 | The following words and phrases when used in this part shall |
4 | have the meanings given to them in this section unless the |
5 | context clearly indicates otherwise: |
6 | * * * |
7 | "Conviction." A finding of guilt or a plea of guilty or nolo |
8 | contendere, whether or not a judgment of sentence has been |
9 | imposed as determined by the law of the jurisdiction in which |
10 | the prosecution was held. The term does not include a conviction |
11 | that has been expunged or overturned or for which an individual |
12 | has been pardoned or an order of Accelerated Rehabilitative |
13 | Disposition entered. |
14 | * * * |
15 | "Executive-level public employee." The term shall include |
16 | the following: |
17 | (1) Deputy Secretaries of the Commonwealth and the |
18 | Governor's Office executive staff. |
19 | (2) An employee of the executive branch with |
20 | discretionary power which may affect or influence the outcome |
21 | of a State agency's action or decision and who is involved in |
22 | the development of regulations or policies relating to a |
23 | licensed entity or who is involved in other matters under |
24 | this part. The term shall include an employee with law |
25 | enforcement authority. |
26 | (3) An employee of a county or municipality with |
27 | discretionary powers which may affect or influence the |
28 | outcome of the county's or municipality's action or decision |
29 | and who is involved in the development of law, regulation or |
30 | policy relating to a licensed entity or who is involved in |
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1 | other matters under this part. The term shall include an |
2 | employee with law enforcement authority. |
3 | (4) An employee of a department, agency, board, |
4 | commission, authority or other governmental body not included |
5 | in paragraph (1), (2) or (3) with discretionary power which |
6 | may affect or influence the outcome of the governmental |
7 | body's action or decision and who is involved in the |
8 | development of regulation or policy relating to a licensed |
9 | entity or who is involved in other matters under this part. |
10 | The term shall include an employee with law enforcement |
11 | authority. |
12 | * * * |
13 | "Licensed entity[.]" or "licensee." Any slot machine |
14 | licensee, manufacturer licensee, supplier licensee or other |
15 | person licensed by the Pennsylvania Gaming Control Board under |
16 | this part. |
17 | "Licensed entity representative." A person acting on behalf |
18 | of or representing the interest of any applicant, licensee, |
19 | permittee or registrant, including an attorney, agent or |
20 | lobbyist, regarding any matter which may reasonably be expected |
21 | to come before the board. |
22 | * * * |
23 | ["Slot machine licensee." A person that holds a slot machine |
24 | license.] |
25 | * * * |
26 | "Trustee." An individual appointed by the Pennsylvania |
27 | Gaming Control Board to manage and control the operations of a |
28 | licensed facility to ensure compliance with this part and who |
29 | has the fiduciary responsibility to make decisions to preserve |
30 | the viability of a licensed facility and the integrity of gaming |
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1 | in this Commonwealth. |
2 | * * * |
3 | Section 3. Section 1201(f)(3), (h)(5), (7.1), (10), (11), |
4 | (13), (14) and (15) and (k) of Title 4 are amended, subsection |
5 | (h) is amended by adding paragraphs and the section is amended |
6 | by adding a subsection to read: |
7 | § 1201. Pennsylvania Gaming Control Board established. |
8 | * * * |
9 | (f) Qualified majority vote.-- |
10 | * * * |
11 | (3) Notwithstanding any other provision of this part or |
12 | 65 Pa.C.S. § 1103(j) (relating to restricted activities), a |
13 | member shall disclose the nature of his disqualifying |
14 | interest, disqualify himself and abstain from voting in a |
15 | proceeding under this part in which his objectivity, |
16 | impartiality, integrity or independence of judgment may be |
17 | reasonably questioned, as provided in subsection (h)(6) or |
18 | section 1202.1(c)(3) (relating to code of conduct). If a |
19 | legislative appointee has disqualified himself, the qualified |
20 | majority shall consist of all of the remaining legislative |
21 | appointees and at least two gubernatorial appointees. |
22 | * * * |
23 | (h) Qualifications and restrictions.-- |
24 | * * * |
25 | (4.1) No member appointed after the effective date of |
26 | this paragraph shall engage in any business, employment or |
27 | vocation for which the member shall receive any compensation |
28 | or remuneration except for an individual who is reappointed |
29 | and who is a member of the board on the effective date of |
30 | this paragraph. |
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1 | (5) No member shall be paid or receive any fee or other |
2 | compensation other than salary and expenses provided by law |
3 | for any activity related to the duties or authority of the |
4 | board. [Nothing in this part shall prohibit a member from |
5 | engaging in any employment or receiving any compensation for |
6 | such employment that is not connected to or incompatible with |
7 | his service as a member of the board.] |
8 | * * * |
9 | (7.1) Prior to being sworn as a member, an appointee and |
10 | his immediate family shall divest any financial interest in |
11 | any applicant, licensed facility or licensed entity and in an |
12 | affiliate, intermediary, subsidiary or holding company |
13 | thereof owned or held by the appointee or known to be held by |
14 | the appointee's immediate family. For the duration of the |
15 | member's term and for [one year] two years thereafter, the |
16 | member and the member's immediate family may not acquire a |
17 | financial interest in any applicant, licensed facility or |
18 | licensed entity or in an affiliate, intermediary, subsidiary |
19 | or holding company thereof. For purposes of this paragraph, |
20 | the term "immediate family" shall mean spouse and any minor |
21 | or unemancipated child. |
22 | * * * |
23 | (10) No former member may appear before the board in any |
24 | hearing or proceeding or participate in any other activity on |
25 | behalf of any applicant, licensed entity, or an affiliate, |
26 | intermediary, subsidiary or holding company thereof, or any |
27 | other licensee or permittee for a period of two years from |
28 | the termination of term of office. |
29 | (11) No member, employee or independent contractor of |
30 | the board shall accept a complimentary service, wager or be |
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1 | paid any prize from any wager at any licensed facility within |
2 | this Commonwealth or at any other facility outside this |
3 | Commonwealth which is owned or operated by a licensed gaming |
4 | entity or any of its affiliates, intermediaries, subsidiaries |
5 | or holding companies thereof for the duration of their term |
6 | of office, employment or contract with the board and for a |
7 | period of [one year] two years from the termination of term |
8 | of office, employment or contract with the board. The |
9 | provisions of this paragraph prohibiting wagering during the |
10 | term of employment shall not apply to employees or |
11 | independent contractors of the board who utilize slot |
12 | machines for testing purposes or to verify the performance of |
13 | a machine as part of an enforcement investigation. |
14 | * * * |
15 | (13) No employee of the board [or individual employed by |
16 | an independent contractor of the board] whose duties |
17 | substantially involve licensing[,] or enforcement [or], the |
18 | development [or adoption] of laws, or the development or |
19 | adoption of regulations or policy or who has other |
20 | discretionary authority which may affect the outcome of an |
21 | action or decision under this part, including the executive |
22 | director, bureau directors and attorneys, shall do any of the |
23 | following: |
24 | (i) [accept] Accept employment with or be retained |
25 | by an applicant or licensed entity, or an affiliate, |
26 | intermediary, subsidiary or holding company thereof, for |
27 | a period of [one year] two years after the termination of |
28 | the employment relating to the conduct of gaming [or |
29 | contract with the board; or]. |
30 | (ii) [appear] Appear before the board in any hearing |
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1 | or proceeding or participate in any other activity on |
2 | behalf of any applicant, licensee, permittee or licensed |
3 | entity, or an affiliate, intermediary, subsidiary or |
4 | holding company thereof, for a period of two years after |
5 | termination of the employment [or contract with the |
6 | board]. |
7 | (iii) As a condition of employment, an employee |
8 | subject to this paragraph shall sign an affidavit that |
9 | the employee will not accept employment with or be |
10 | retained by any applicant, licensed entity or an |
11 | affiliate, intermediary, subsidiary or holding company |
12 | thereof for a period of two years from the termination of |
13 | employment. An applicant or licensed entity or an |
14 | affiliate, intermediary, subsidiary or holding company |
15 | thereof shall not employ or retain an individual who |
16 | signed an affidavit required by this subparagraph. An |
17 | applicant or licensed entity or an affiliate, |
18 | intermediary, subsidiary or holding company that |
19 | knowingly employs or retains an individual in violation |
20 | of this subparagraph shall be subject to a penalty under |
21 | section 1518(c) (relating to prohibited acts; penalties). |
22 | (13.1) No independent contractor or individual employed |
23 | by an independent contractor of the board whose duties |
24 | substantially involve consultation relating to licensing, |
25 | enforcement or the development or adoption of regulations or |
26 | policy under this part shall: |
27 | (i) Accept employment with or be retained by an |
28 | applicant or a licensed entity or an affiliate, |
29 | intermediary, subsidiary or holding company thereof for a |
30 | period of one year after the termination of the contract |
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1 | with the board. |
2 | (ii) Appear before the board in any hearing or |
3 | proceeding or participate in any other activity on behalf |
4 | of an applicant, licensee, permittee or licensed entity |
5 | or an affiliate, intermediary, subsidiary or holding |
6 | company of an applicant, licensee, permittee or licensed |
7 | entity for a period of two years after termination of the |
8 | contract with the board. |
9 | (iii) As a condition of a contract, an independent |
10 | contractor or individual employed by an independent |
11 | contractor of the board under this paragraph shall sign |
12 | an affidavit to not accept employment with or be retained |
13 | by any applicant, licensed entity or an affiliate, |
14 | intermediary, subsidiary or holding company of an |
15 | applicant, licensed entity or affiliate for a period of |
16 | one year from the termination of employment. A licensed |
17 | entity or an affiliate, intermediary, subsidiary or |
18 | holding company of an applicant, licensed entity or |
19 | affiliate shall not employ or retain an individual who |
20 | signed an affidavit signed under this subparagraph. A |
21 | licensed entity or an affiliate, intermediary, subsidiary |
22 | or holding company thereof that knowingly employs or |
23 | retains an individual in violation of this subparagraph |
24 | shall be subject to a penalty under section 1518(c). |
25 | (13.2) Nothing shall prevent a current or former |
26 | employee of the board under paragraph (13), or a current or |
27 | former independent contractor or a current or former employee |
28 | of an independent contractor of the board under paragraph |
29 | (13.1), from appearing as a witness or testifying as to any |
30 | fact or information. |
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1 | (14) Upon the written request of an employee of the |
2 | board, the executive branch of the Commonwealth or a |
3 | political subdivision or of the agency or political |
4 | subdivision employing an employee, the State Ethics |
5 | Commission shall determine whether the individual's duties |
6 | substantially involve the development [or adoption] of laws, |
7 | or the development or adoption of regulations or policy, |
8 | licensing or enforcement under this part or other |
9 | discretionary authority which may affect the outcome of an |
10 | action, proceeding or decision under this part and shall |
11 | provide a written determination to the employee or the agency |
12 | or political subdivision employing the employee to include |
13 | any prohibition under this paragraph. An individual who |
14 | relies in good faith on a determination under this paragraph |
15 | shall not be subject to any penalty for an action taken, |
16 | provided that all material facts set forth in the request for |
17 | a determination are correct. |
18 | (15) If a member[, employee or independent contractor] |
19 | of the board violates any provision of this section, the |
20 | appointing authority [or the board may, upon notice and |
21 | hearing,] may remove the person from the board[, withdraw the |
22 | appointment or]. A member removed under this paragraph shall |
23 | be prohibited from future appointment to the board and shall |
24 | be prohibited from applying for a license or permit or other |
25 | authorization and from becoming an independent contractor of |
26 | the board, or registering as a licensed entity representative |
27 | for a period of five years from the date of removal from the |
28 | board. If an employee or independent contractor of the board |
29 | violates any provision of this section, the board may, upon |
30 | notice and hearing, terminate the employment or contract, and |
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1 | the person shall be ineligible for future [appointment,] |
2 | employment or [contract] contracting with the board and [for |
3 | approval of a license or permit under this part for a period |
4 | of two years thereafter] shall be prohibited from applying |
5 | for a license, permit or other authorization and from |
6 | becoming an independent contractor or registering as a |
7 | licensed entity representative for a period of five years |
8 | from the date of termination of the employment or contract. |
9 | * * * |
10 | (k) Appointments.--[The appointing authorities] Following |
11 | the initial appointment of members under subsection (b), the |
12 | appointing authority shall make [their initial] appointments |
13 | within 60 days of [the effective date of this part] a vacancy in |
14 | an office. No appointment shall be final until receipt by the |
15 | appointing authority of the required background investigation of |
16 | the appointee by the Pennsylvania State Police which shall be |
17 | completed within 30 days. No person who has been convicted in |
18 | any domestic or foreign jurisdiction of a felony, infamous crime |
19 | or gaming offense shall be appointed to the board. |
20 | * * * |
21 | (m.1) Budgetary impasse.--If, in the event of a budgetary or |
22 | other fiscal crisis, the Governor orders the furlough of |
23 | Commonwealth employees or the closing of any Commonwealth |
24 | agency, the board and its employees and all employees of the |
25 | Department of Revenue, the Pennsylvania State Police and the |
26 | Office of Attorney General whose duties involve the regulation |
27 | and oversight of gaming under this part shall not be subject to |
28 | furlough but shall continue to perform their duties of |
29 | employment. |
30 | * * * |
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1 | Section 3.1. Section 1201.1(a)(1) of Title 4 is amended to |
2 | read: |
3 | § 1201.1. Applicability of other statutes. |
4 | (a) General rule.--The following acts shall apply to the |
5 | board: |
6 | (1) The act of [June 21, 1957 (P.L.390, No.212), |
7 | referred to] February 14, 2008 (P.L.6, No.3), known as the |
8 | Right-to-Know Law. |
9 | * * * |
10 | Section 4. Section 1202(a)(2) and (4) and (b)(7), (23) and |
11 | (30) of Title 4 are amended and subsections (a) and (b) are |
12 | amended by adding paragraphs to read: |
13 | § 1202. General and specific powers. |
14 | (a) General powers.-- |
15 | * * * |
16 | (2) The board shall employ individuals as necessary to |
17 | carry out the powers and duties of the board, who shall serve |
18 | at the board's pleasure. An employee of the board shall be |
19 | considered a State employee for purposes of 71 Pa.C.S. Pt. |
20 | XXV (relating to retirement for State employees and |
21 | officers). For the purposes of this paragraph, the board |
22 | shall not be considered an executive or independent agency |
23 | under the act of October 15, 1980 (P.L.950, No.164), known as |
24 | the Commonwealth Attorneys Act. The board shall not take |
25 | final action to fill any vacancy in the positions of |
26 | executive director of the board, director of the bureau, |
27 | chief counsel of the board or director of the Office of |
28 | Enforcement Counsel until receipt and review of the results |
29 | of the background investigation under section 1517(c)(1.1) |
30 | (relating to investigations and enforcement). |
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1 | * * * |
2 | [(4) The board shall establish a system of |
3 | classification and compensation of its employees and shall |
4 | not be subject to the provisions of the act of April 9, 1929 |
5 | (P.L.177, No.175), known as The Administrative Code of 1929, |
6 | as to classification and compensation for its employees and |
7 | conduct its activities consistent with the practices and |
8 | procedures of Commonwealth agencies.] |
9 | (4.1) Within 90 days of the effective date of this |
10 | paragraph, the board shall establish a system of |
11 | classification and compensation of its employees and shall be |
12 | subject to the provisions of the act of April 9, 1929 |
13 | (P.L.177, No.175), known as The Administrative Code of 1929, |
14 | as to classification and compensation for its employees and |
15 | conduct its activities consistent with the practices and |
16 | procedures of Commonwealth agencies. The provisions of this |
17 | paragraph shall apply to employees hired after the effective |
18 | date of this paragraph. Nothing in this paragraph shall |
19 | prevent the board from altering a system, or establishing a |
20 | new system, of classification or compensation for employees |
21 | hired prior to the effective date of this section. |
22 | * * * |
23 | (b) Specific powers.--The board shall have the specific |
24 | power and duty: |
25 | * * * |
26 | (7) To administer oaths, examine witnesses and issue |
27 | subpoenas compelling the attendance of witnesses or the |
28 | production of documents and records or other evidence[. The |
29 | provisions of this paragraph shall apply to designated |
30 | officers and employees.], or to designate officers or |
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1 | employees to perform these duties. |
2 | * * * |
3 | (23) The board shall not issue or renew a license or |
4 | permit unless it is satisfied that the applicant has |
5 | demonstrated by clear and convincing evidence that the |
6 | applicant is a person of good character, honesty and |
7 | integrity and is a person whose prior activities, criminal |
8 | record, if any, reputation, habits and associations do not |
9 | pose a threat to the public interest or the effective |
10 | regulation and control of slot machine operations or create |
11 | or enhance the danger of unsuitable, unfair or illegal |
12 | practices, methods and activities in the conduct of slot |
13 | machine operations or the carrying on of the business and |
14 | financial arrangements incidental thereto. |
15 | * * * |
16 | (30) To promulgate rules and regulations necessary for |
17 | the administration and enforcement of this part, including |
18 | regulations in cooperation with the Pennsylvania Liquor |
19 | Control Board and regulations relating to the sale and |
20 | service of liquor and malt and brewed beverages by licensees. |
21 | [Except as provided in section 1203 (relating to temporary |
22 | regulations), regulations] Regulations shall be adopted |
23 | pursuant to the act of July 31, 1968 (P.L.769, No.240), |
24 | referred to as the Commonwealth Documents Law, and the act of |
25 | June 25, 1982 (P.L.633, No.181), known as the Regulatory |
26 | Review Act. |
27 | (31) To collect and post information on its Internet |
28 | website with sufficient detail to inform the public of the |
29 | controlling interest or ownership interest of an applicant |
30 | for a slot machine license or a licensed gaming entity or |
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1 | affiliate, intermediary, subsidiary or holding company |
2 | thereof. The posting shall include: |
3 | (i) The names of all persons with a controlling |
4 | interest in a publicly traded domestic or foreign |
5 | corporation, partnership, limited liability company or |
6 | other legal entity. |
7 | (ii) The names of all persons with an ownership |
8 | interest equal to or greater than 1% of a privately held |
9 | domestic or foreign corporation, partnership, limited |
10 | liability company or other legal entity. |
11 | (iii) The name of a trustee entitled to cast the |
12 | vote of a person under subparagraph (i) or (ii). |
13 | (iv) The names of all officers, directors, |
14 | principals and key employees of a licensed gaming entity. |
15 | (32) To appoint a trustee as prescribed in section 1332 |
16 | (relating to appointment of trustee) to act on behalf of the |
17 | Commonwealth and the board to operate a licensed facility and |
18 | ensure compliance with this part. |
19 | (33) To develop regulations. The board may consult with |
20 | the State Ethics Commission and other governmental agencies |
21 | in developing the regulations to govern the postemployment |
22 | limitations and restrictions of employees of the board whose |
23 | duties substantially involve licensing or enforcement, the |
24 | development of laws or the development or adoption of |
25 | regulations or policy or employees of the board who have |
26 | other discretionary authority which may affect the outcome of |
27 | an action or decision under this part. The board shall |
28 | consult with the Administrative Office of the Pennsylvania |
29 | Courts regarding postemployment limitations and restrictions |
30 | on members and employees of the board who are members of the |
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1 | Pennsylvania Bar. |
2 | Section 5. Section 1202.1 of Title 4 is amended to read: |
3 | § 1202.1. Code of conduct. |
4 | (a) Scope.--The board shall adopt a comprehensive code of |
5 | conduct prior to the consideration of any license, permit or |
6 | registration application. The code of conduct shall supplement |
7 | all other requirements under this part and 65 Pa.C.S. Pt. II |
8 | (relating to accountability) and shall provide guidelines |
9 | applicable to members, employees, independent contractors of the |
10 | board and the immediate [families] family of the members, as |
11 | defined in subsection (e), employees and independent contractors |
12 | of the board to enable them to avoid any perceived or actual |
13 | conflict of interest and to promote public confidence in the |
14 | integrity and impartiality of the board. At a minimum, the code |
15 | of conduct adopted under this section shall include registration |
16 | of licensed entity representatives under subsection (b) and the |
17 | restrictions under [subsection (c)] subsections (c) and (c.1). |
18 | (b) Registration.-- |
19 | (1) A licensed entity representative shall register with |
20 | the board in a manner prescribed by the board, which shall |
21 | include the name, employer or firm, business address[,] and |
22 | business telephone number of both the licensed entity |
23 | representative and [the] any licensed entity or applicant for |
24 | licensed entity licensure being represented. |
25 | (2) A licensed entity representative shall have an |
26 | [ongoing] affirmative duty to update its registration |
27 | information on an ongoing basis and failure to do so shall be |
28 | punishable by the board. |
29 | (3) The [registration list] board shall maintain a |
30 | registration list which shall contain the information |
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1 | required under paragraph (1) and which shall be available for |
2 | public inspection at the offices of the board and on the |
3 | board's Internet website. |
4 | (c) Restrictions.--A member of the board shall: |
5 | (1) Not engage in any ex parte communication with any |
6 | person. |
7 | (2) Not accept any discount, gift, gratuity, |
8 | compensation, travel, lodging or other thing of value, |
9 | directly or indirectly, from any applicant, [licensee,] |
10 | licensed entity, including any affiliate, subsidiary, |
11 | intermediary or holding company thereof, permittee, |
12 | registrant or licensed entity representative thereof. |
13 | (3) Disclose and [disqualify] recuse himself from any |
14 | hearing or other proceeding in which the member's |
15 | objectivity, impartiality, integrity or independence of |
16 | judgment may be reasonably questioned due to the member's |
17 | relationship or association with a party connected to any |
18 | hearing or proceeding or a person appearing before the board. |
19 | (4) Refrain from any financial or business dealing which |
20 | would tend to reflect adversely on the member's objectivity, |
21 | impartiality or independence of judgment. |
22 | (5) Not hold or campaign for public office, hold an |
23 | office in any political party or political committee as |
24 | defined in section 1513(d)(relating to political influence), |
25 | contribute to or solicit contributions to a political |
26 | campaign, [party,] political party, political committee or |
27 | candidate, publicly endorse a candidate or actively |
28 | participate in a political campaign. |
29 | (6) Not solicit funds for any charitable, educational, |
30 | religious, health, fraternal, civic or other nonprofit entity |
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1 | from an applicant, licensed entity or affiliate, subsidiary, |
2 | intermediary or holding company of a licensed entity, |
3 | interested party, permittee or licensed entity |
4 | representative. [A] Unless prohibited under § 1201(h)(4.1) |
5 | (relating to Pennsylvania Gaming Control Board established), |
6 | a board member may serve as an officer, employee or member of |
7 | the governing body of a nonprofit entity and may attend, make |
8 | personal contributions to and plan or preside over the |
9 | entity's fundraising events. A board member may permit his |
10 | name to appear on the letterhead used for fundraising events |
11 | if the letterhead contains only the board member's name and |
12 | position with the nonprofit entity. |
13 | (7) Not meet or engage in discussions with any |
14 | applicant, [person licensed under this part] licensed entity, |
15 | permittee, [or a] licensed entity representative or person |
16 | who provides goods, property or services to a slot machine |
17 | licensee or any other person or entity under the jurisdiction |
18 | of the board unless the meeting or discussion occurs on the |
19 | business premises of the board and is recorded in a log |
20 | maintained for this purpose. The log shall be available for |
21 | public inspection during the regular business hours of the |
22 | board and shall be posted on the board's Internet website. |
23 | The log shall include the date and time of the meeting or |
24 | discussion, the names of the participants and the subject |
25 | matter discussed. The provisions of this paragraph shall not |
26 | apply to meetings [of the board] to consider matters |
27 | requiring the physical inspection of the equipment or |
28 | premises of an applicant or a licensed entity at [their] the |
29 | location of the licensed facility. |
30 | (8) Avoid impropriety and the appearance of impropriety |
|
1 | at all times and observe standards and conduct that promote |
2 | public confidence in the oversight of gaming. |
3 | (9) Comply with any other laws, rules or regulations |
4 | relating to the conduct of a member. |
5 | (c.1) Prohibitions.-- |
6 | (1) No member or attorney of the Office of Chief Counsel |
7 | advising the board on a particular licensing issue or |
8 | proceeding or employee whose duties relate to licensing and |
9 | who is advising the board on a particular licensing issue or |
10 | proceeding shall engage in any ex parte communication with |
11 | any person. |
12 | (2) No attorney representing the bureau or the Office of |
13 | Enforcement Counsel or an applicant, licensee or permittee in |
14 | any proceeding shall engage in an ex parte communication with |
15 | a member, an attorney of the Office of Chief Counsel advising |
16 | the board on a proceeding or a hearing officer of the board. |
17 | (3) No employee of the bureau or the Office of |
18 | Enforcement Counsel who is involved in a proceeding shall |
19 | engage in an ex parte communication with a member, an |
20 | attorney of the Office of Chief Counsel who is advising the |
21 | board on the proceeding or a hearing officer of the board. |
22 | (c.2) Procedures relating to ex parte communications.-- |
23 | (1) An ex parte communication received or engaged in by |
24 | a board member, employee or hearing officer shall be recorded |
25 | in a log maintained for this purpose. The log shall be |
26 | available for public inspection during the regular business |
27 | hours of the board and shall be posted on the board's |
28 | Internet website. The log shall include: |
29 | (i) The name of the individual documenting the ex |
30 | parte communication. |
|
1 | (ii) The date and time of the ex parte |
2 | communication. |
3 | (iii) The names of all individuals involved in the |
4 | ex parte communication. |
5 | (iv) A description of the subject matter discussed |
6 | and a summary of the substance of the ex parte |
7 | communication. |
8 | (2) In addition to documenting an ex parte communication |
9 | under paragraph (1), notification of the substance of the |
10 | communication and an opportunity to respond shall be provided |
11 | to all persons directly affected by the anticipated vote or |
12 | action of the board related to the ex parte communication. |
13 | (3) (i) A board member, employee or hearing officer who |
14 | engaged in or received an ex parte communication shall |
15 | recuse himself from any hearing or other proceeding |
16 | related to the ex parte communication if the context and |
17 | substance of the ex parte communication creates |
18 | substantial reasonable doubt as to the individual's |
19 | ability to act objectively, independently or impartially. |
20 | (ii) A board member, employee or hearing officer who |
21 | engaged in or received an ex parte communication who |
22 | elects not to recuse himself from a hearing or other |
23 | proceeding shall state his reasons for not recusing |
24 | himself on the record prior to the commencement of the |
25 | hearing or proceeding. |
26 | (iii) If a legislative appointee recuses himself |
27 | from any hearing or other proceeding under this section, |
28 | any qualified majority vote required under this part |
29 | shall consist of all of the remaining legislative |
30 | appointees and at least two gubernatorial appointees. |
|
1 | (iv) Failure of a hearing officer or employee who |
2 | engaged in or received an ex parte communication to |
3 | recuse himself when required under subparagraph (i) from |
4 | a hearing or other proceeding shall be grounds for appeal |
5 | to the board. |
6 | (v) Failure of a board member who engaged in or |
7 | received an ex parte communication to recuse himself from |
8 | a hearing or other proceeding when required under |
9 | subparagraph (i) shall be grounds for appeal to a court |
10 | of competent jurisdiction if the board action being |
11 | appealed would not have occurred without the |
12 | participation of the board member. |
13 | (d) Ex officio members.--The restrictions under subsection |
14 | (c)(5) shall not apply to ex officio members. |
15 | (e) Definitions.--As used in this section, the following |
16 | words and phrases shall have the meanings given to them in this |
17 | subsection: |
18 | "Ex parte communication." An off-the-record communication |
19 | engaged in or received by a member [or], employee or hearing |
20 | officer of the board regarding the merits of or any fact in |
21 | issue relating to a pending matter before the board or which may |
22 | reasonably be expected to come before the board in a contested |
23 | on-the-record proceeding. The term shall not include off-the- |
24 | record communications by or between a member [or], employee or |
25 | hearing officer of the board, [Department of Revenue] |
26 | department, Pennsylvania State Police, Attorney General or other |
27 | law enforcement official prior to the beginning of the |
28 | proceeding solely for the purpose of seeking clarification or |
29 | correction to evidentiary materials intended for use in the |
30 | proceedings. |
|
1 | "Immediate family." The spouse, parents, children and |
2 | siblings. |
3 | ["Licensed entity representative." A person acting on behalf |
4 | of or representing the interest of any applicant, licensee, |
5 | permittee or registrant, including an attorney, agent or |
6 | lobbyist, regarding any matter which may reasonably be expected |
7 | to come before the board.] |
8 | Section 6. Title 4 is amended by adding a section to read: |
9 | § 1202.2. Expenses of the Pennsylvania Gaming Control Board. |
10 | Members and employees of the board shall only be reimbursed |
11 | for actual and reasonable expenses incurred during the |
12 | performance of their duties under this part. In order to receive |
13 | reimbursement for an expense in excess of $10, the member or |
14 | employee shall submit a receipt validating the expense incurred. |
15 | Reimbursements, allowances or other payments in an amount |
16 | greater than the expenses for which receipts are submitted are |
17 | prohibited. Receipts and requests for reimbursement shall be |
18 | financial records for purposes of the act of February 14, 2008 |
19 | (P.L.6, No.3), known as the Right-to-Know Law. |
20 | Section 7. Section 1205(b)(1) and (2) of Title 4 are amended |
21 | and the subsection is amended by adding paragraphs to read: |
22 | § 1205. License or permit application hearing process; public |
23 | input hearings. |
24 | * * * |
25 | (b) Public input hearing requirement.-- |
26 | (1) [Prior to licensing a facility under this part, the |
27 | board shall hold at least one public input hearing on the |
28 | matter.] The board shall hold at least one public input |
29 | hearing prior to: |
30 | (i) Approving a slot machine license application or |
|
1 | renewing a slot machine license. |
2 | (ii) Approving the structural redesign of a licensed |
3 | facility located in a city of the first class. |
4 | (2) All public input hearings [relating to an |
5 | application for a slot machine license] under paragraph (1) |
6 | shall be held in the municipality where the licensed facility |
7 | will be, or is, located and shall be organized in cooperation |
8 | with the municipality. |
9 | * * * |
10 | (4) In addition to any witnesses scheduled to testify |
11 | under paragraph (3), the board shall establish a public |
12 | comment period during which time members of the public may |
13 | address the board regarding the proposed license or |
14 | structural redesign of a licensed facility under paragraph |
15 | (1). The board, in its discretion, may place reasonable time |
16 | limits on an individual's comments. |
17 | Section 8. Sections 1206(f) and 1209(b) of Title 4 are |
18 | amended to read: |
19 | § 1206. Board minutes and records. |
20 | * * * |
21 | (f) Confidentiality of information.--[All] |
22 | (1) The following information submitted by an applicant |
23 | or licensee pursuant to section 1310(a) (relating to slot |
24 | machine license application character requirements) or |
25 | 1308(a.1) (relating to applications for license or permit) or |
26 | obtained by the board or the bureau as part of a background |
27 | or other investigation from any source shall be [considered] |
28 | confidential[.] and withheld from public disclosure: |
29 | (i) All information relating to good character, |
30 | honesty and integrity, including family, habits, |
|
1 | reputation, history of criminal activity, business |
2 | activities, financial affairs and business, professional |
3 | and personal associations submitted under section 1310(a) |
4 | or 1308(a.1) or otherwise obtained by the board or the |
5 | bureau. |
6 | (ii) Nonpublic personal information, including |
7 | telephone numbers, Social Security numbers, educational |
8 | records, memberships, medical records, tax returns and |
9 | declarations, actual or proposed compensation, financial |
10 | account records, creditworthiness or a financial |
11 | condition relating to an applicant, licensee or permittee |
12 | or the immediate family thereof. |
13 | (iii) Documents and information relating to |
14 | proprietary information, trade secrets, patents or |
15 | exclusive licenses, architectural and engineering plans |
16 | and information relating to competitive marketing |
17 | materials and strategies, which may include customer- |
18 | identifying information or customer prospects for |
19 | services subject to competition. |
20 | (iv) Security information, including risk prevention |
21 | plans, detection and countermeasures, location of count |
22 | rooms, emergency management plans, security and |
23 | surveillance plans, equipment and usage protocols and |
24 | theft and fraud prevention plans and countermeasures. |
25 | (v) Information with respect to which there is a |
26 | reasonable possibility that public release or inspection |
27 | of the information would constitute an unwarranted |
28 | invasion into personal privacy of any individual as |
29 | determined by the board. |
30 | (vi) Records of an applicant or licensee not |
|
1 | required to be filed with the Securities and Exchange |
2 | Commission by issuers that either have securities |
3 | registered under section 12 of the Securities Exchange |
4 | Act of 1934 (48 Stat. 881, 15 U.S.C. § 78a et seq.) or |
5 | are required to file reports under section 15(d) of the |
6 | Securities Exchange Act of 1934. |
7 | (vii) Records considered nonpublic matters or |
8 | information by the Securities and Exchange Commission as |
9 | provided by 17 CFR 200.80 (relating to commission records |
10 | and information). |
11 | (viii) Any financial information deemed confidential |
12 | by the board upon a showing of good cause by the |
13 | applicant or licensee. |
14 | (2) No claim of confidentiality shall be made regarding |
15 | any information from a criminal history record check that is |
16 | available to the public under 18 Pa.C.S. § 9121(b) (relating |
17 | to noncriminal justice agencies and individuals). |
18 | (3) No claim of confidentiality shall be made regarding |
19 | any record in possession of the board that is otherwise |
20 | publicly available from a Commonwealth agency, local agency |
21 | or other jurisdiction. |
22 | (4) Except as provided in section 1517(f) (relating to |
23 | [investigation] investigations and enforcement), the |
24 | information made confidential pursuant to this section shall |
25 | be withheld from public disclosure in whole or in part, |
26 | except that any confidential information shall be released |
27 | upon the lawful order of a court of competent jurisdiction |
28 | or, with the approval of the Attorney General, to a duly |
29 | authorized law enforcement agency or shall be released to the |
30 | public, in whole or in part, to the extent that such release |
|
1 | is requested by an applicant and does not otherwise contain |
2 | confidential information about another person. |
3 | (5) The board may seek a voluntary waiver of |
4 | confidentiality from an applicant or licensed entity but may |
5 | not require any applicant or licensed entity to waive any |
6 | confidentiality provided for in this subsection as a |
7 | condition for the approval or renewal of a license or any |
8 | other action of the board. Any [person who violates this |
9 | subsection] current or former board member, employee or |
10 | independent contractor and any current or former employee of |
11 | the department, Attorney General or Pennsylvania State Police |
12 | who publicly discloses confidential information in violation |
13 | of this subsection commits a misdemeanor and shall be |
14 | administratively disciplined by discharge, suspension, |
15 | termination of contract or other formal disciplinary action |
16 | as [the board deems] appropriate. |
17 | * * * |
18 | § 1209. Slot machine license fee. |
19 | * * * |
20 | (b) Term.--A slot machine license, after payment of the fee, |
21 | shall be in effect unless suspended, revoked or not renewed by |
22 | the board upon good cause consistent with the license |
23 | requirements as provided for in this part. Slot machine |
24 | licensees shall be required to update the information in their |
25 | initial applications annually, and the license of a licensee in |
26 | good standing shall be updated and renewed annually for two |
27 | subsequent years following the initial license issuance. |
28 | Thereafter, license renewals shall be every three years. Nothing |
29 | in this subsection shall relieve a licensee of the affirmative |
30 | duty to notify the board of any changes relating to the status |
|
1 | of its license or to any other information contained in the |
2 | application materials on file with the board. As to the renewal |
3 | of a license, no additional license fee pursuant to subsection |
4 | (a) shall be required. |
5 | * * * |
6 | Section 9. Section 1211 of Title 4 is amended by adding |
7 | subsections to read: |
8 | § 1211. Reports of board. |
9 | * * * |
10 | (a.1) Additional reporting requirements.--(Reserved). |
11 | (a.2) Facility responsibility.--(Reserved). |
12 | (a.3) Expenses.--Beginning 30 days after the effective date |
13 | of this subsection, the board shall post by the fifteenth of |
14 | each month on its Internet website a list of all its itemized |
15 | expenses of employees and board members for the preceding month. |
16 | The list shall identify the nature of the expense and the |
17 | employee or board member to which an expense is attributable. |
18 | The list shall include each expense for which a receipt is |
19 | submitted to obtain reimbursement. If the expense is directly |
20 | attributable to or paid by a licensed gaming entity, the list |
21 | shall identify the licensed gaming entity and whether the |
22 | expense was paid by the licensed gaming entity. By October 1 of |
23 | each year, a final report of all expenses for the preceding |
24 | fiscal year shall be posted on the board's Internet website and |
25 | shall be submitted to the Appropriations Committee of the |
26 | Senate, the Community, Economic and Recreational Development |
27 | Committee of the Senate, the Appropriations Committee of the |
28 | House of Representatives and the Gaming Oversight Committee of |
29 | the House of Representatives. |
30 | * * * |
|
1 | Section 10. Section 1213 of Title 4 is amended to read: |
2 | § 1213. License or permit prohibition. |
3 | (1) [No applicant for a license or permit under this |
4 | part, including principals and key employees,] The board |
5 | shall be prohibited from granting a principal license or key |
6 | employee license to a person who has been convicted of a |
7 | felony [or gambling offense] in any jurisdiction [shall be |
8 | issued a license or permit unless 15 years has elapsed from |
9 | the date of expiration of the sentence for the offense]. |
10 | (2) [When determining whether to issue a license or |
11 | permit to an applicant who has been convicted in any |
12 | jurisdiction of a felony or gambling offense,] In addition to |
13 | the prohibition under paragraph (1), the board shall be |
14 | prohibited from granting the following: |
15 | (i) A principal license or key employee license to a |
16 | person who has been convicted of a misdemeanor gambling |
17 | offense in any jurisdiction unless 15 years has elapsed |
18 | from the date of the expiration of the sentence for the |
19 | offense. |
20 | (ii) A gaming employee permit or license other than |
21 | a principal license or key employee license to a person |
22 | who has been convicted of a felony or gambling offense in |
23 | any jurisdiction unless 15 years has elapsed from the |
24 | date of the expiration of the sentence for the offense. |
25 | (3) In determining whether to issue a license or permit |
26 | under paragraph (2), the board shall consider the following |
27 | factors: |
28 | [(1)] (i) The nature and duties of the applicant's |
29 | position with the licensed entity. |
30 | [(2)] (ii) The nature and seriousness of the offense |
|
1 | or conduct. |
2 | [(3)] (iii) The circumstances under which the |
3 | offense or conduct occurred. |
4 | [(4)] (iv) The age of the applicant when the offense |
5 | or conduct was committed. |
6 | [(5)] (v) Whether the offense or conduct was an |
7 | isolated or a repeated incident. |
8 | [(6)] (vi) Any evidence of rehabilitation, including |
9 | good conduct in the community, counseling or psychiatric |
10 | treatment received and the recommendation of persons who |
11 | have substantial contact with the applicant. |
12 | Section 10.1. Section 1308 of Title 4 is amended by adding a |
13 | subsection to read: |
14 | § 1308. Applications for license or permit. |
15 | * * * |
16 | (a.1) Submission of information.--Notwithstanding the |
17 | provisions of 18 Pa.C.S. § 9124(b) (relating to use of records |
18 | by licensing agencies), an application for a license or permit |
19 | under this part shall include all arrests and convictions of the |
20 | applicant, including summary offenses. The information shall |
21 | include: |
22 | (1) A brief description of the circumstances surrounding |
23 | the arrest. |
24 | (2) The specific offense charged. |
25 | (3) The ultimate disposition of the charges, including |
26 | the details of any dismissal, plea bargain, conviction or |
27 | sentence, including any pardon, expungement or order of |
28 | Accelerated Rehabilitative Disposition. |
29 | * * * |
30 | Section 10.2. Sections 1310, 1326(a), 1328(a)(1) and (b) and |
|
1 | 1329 of Title 4 are amended to read: |
2 | § 1310. Slot machine license application character |
3 | requirements. |
4 | (a) Application.-- |
5 | (1) Every application for a slot machine license shall |
6 | include such information, documentation and assurances as may |
7 | be required to establish by clear and convincing evidence the |
8 | applicant's suitability, including good character, honesty |
9 | and integrity. Information shall include, without limitation, |
10 | information pertaining to family, habits, character, |
11 | reputation, criminal history background, business activities, |
12 | financial affairs and business, professional and personal |
13 | associates, covering at least the ten-year period immediately |
14 | preceding the filing date of the application. |
15 | (2) Notwithstanding 18 Pa.C.S. § 9124(b) (relating to |
16 | use of records by licensing agencies), a conviction that has |
17 | been expunged or overturned, or for which a person has been |
18 | pardoned or an order of Accelerated Rehabilitative |
19 | Disposition has been entered, shall be included with an |
20 | application and shall be considered by the board as part of |
21 | the review of the applicant's suitability under paragraph |
22 | (1). |
23 | (b) Civil judgments and law enforcement agency |
24 | information.--Each applicant shall notify the board of any civil |
25 | judgments obtained against the applicant pertaining to antitrust |
26 | or security regulation laws of the Federal Government, this |
27 | Commonwealth or any other state, jurisdiction, province or |
28 | country. In addition, each applicant shall produce a letter of |
29 | reference from law enforcement agencies having jurisdiction in |
30 | the applicant's place of residence and principal place of |
|
1 | business, which letter of reference shall indicate that the law |
2 | enforcement agencies do not have any pertinent information |
3 | concerning the applicant or, if the law enforcement agency does |
4 | have information pertaining to the applicant, shall specify the |
5 | nature and content of that information. If no letters are |
6 | received within 30 days of the request, the applicant may submit |
7 | a statement under oath which is subject to the penalty for false |
8 | swearing under 18 Pa.C.S. § 4903 (relating to false swearing) |
9 | that the applicant is or was during the period the activities |
10 | were conducted in good standing with the gaming or casino |
11 | enforcement or control agency. |
12 | (c) Gaming or casino enforcement agency information.--If the |
13 | applicant has held a gaming license in a jurisdiction where |
14 | gaming activities are permitted, the applicant shall produce a |
15 | letter of reference from the gaming or casino enforcement or |
16 | control agency which shall specify the experiences of that |
17 | agency with the applicant, the applicant's associates and the |
18 | applicant's gaming operation. If no letters are received within |
19 | 30 days of the request, the applicant may submit a statement |
20 | under oath which is subject to the penalty for false swearing |
21 | under 18 Pa.C.S. § 4903 that the applicant is or was during the |
22 | period the activities were conducted in good standing with the |
23 | gaming or casino enforcement or control agency. |
24 | (d) Agency records.--Each applicant for a slot machine |
25 | license, principal license or key employee license shall be |
26 | required to apply to the Federal agency deemed appropriate by |
27 | the board for agency records under the Freedom of Information |
28 | Act (Public Law 89-554, 5 U.S.C. § 522) pertaining to the |
29 | applicant and provide the board with the complete record |
30 | received from the Federal Government. The board may issue a |
|
1 | license to the applicant prior to the receipt of information |
2 | under this subsection. |
3 | § 1326. License renewals. |
4 | (a) Renewal.--All permits and licenses issued under this |
5 | part unless otherwise provided shall be subject to renewal on an |
6 | annual basis [upon the application of the holder of the permit |
7 | or license submitted to the board at least 60 days prior to the |
8 | expiration of the permit or license] for the first two years |
9 | following the initial issuance. Thereafter, all permits and |
10 | licenses shall be subject to renewal every three years. Nothing |
11 | in this subsection shall relieve a licensee of the affirmative |
12 | duty to notify the board of any changes relating to the status |
13 | of its license or to any other information contained in the |
14 | application materials on file with the board. The application |
15 | for renewal shall be submitted at least 60 days prior to the |
16 | expiration of the permit or license and shall include an update |
17 | of the information contained in the initial and any prior |
18 | renewal applications and the payment of any renewal fee required |
19 | by this part. The amount of any renewal fee shall be calculated |
20 | by the board to reflect the longer renewal period. A permit or |
21 | license for which a completed renewal application and fee, if |
22 | required, has been received by the board will continue in effect |
23 | unless and until the board sends written notification to the |
24 | holder of the permit or license that the board has denied the |
25 | renewal of such permit or license. |
26 | * * * |
27 | § 1328. Change in ownership or control of slot machine |
28 | licensee. |
29 | (a) Notification and approval.-- |
30 | (1) A slot machine licensee shall notify the board |
|
1 | [prior to or] immediately upon becoming aware of any proposed |
2 | or contemplated change of ownership of the slot machine |
3 | licensee by a person or group of persons acting in concert |
4 | which involves any of the following: |
5 | (i) More than 5% of a slot machine licensee's |
6 | securities or other ownership interests. |
7 | (ii) More than 5% of the securities or other |
8 | ownership interests of a corporation or other form of |
9 | business entity that owns directly or indirectly at least |
10 | 20% of the voting or other securities or other ownership |
11 | interests of the licensee. |
12 | (iii) The sale other than in the ordinary course of |
13 | business of a licensee's assets. |
14 | (iv) Any other transaction or occurrence deemed by |
15 | the board to be relevant to license qualifications. |
16 | * * * |
17 | (b) Qualification of purchaser of slot machine licensee; |
18 | change of control.--The purchaser of the slot machine license or |
19 | assets, other than in the ordinary course of business, of any |
20 | slot machine licensee shall independently qualify for a license |
21 | in accordance with this part and shall pay the license fee as |
22 | required by section 1209 (relating to slot machine license fee). |
23 | A change in control of any slot machine licensee shall require |
24 | that the slot machine licensee independently qualify for a |
25 | license in accordance with this part, and the slot machine |
26 | licensee shall pay a new license fee as required by section |
27 | 1209, except as otherwise required by the board pursuant to this |
28 | section. The new license fee shall be paid upon the assignment |
29 | and actual change of control or ownership of the slot machine |
30 | license. |
|
1 | * * * |
2 | § 1329. [Nonportability] Portability and relocation of slot |
3 | machine license. |
4 | (a) General rule.--Each slot machine license shall only be |
5 | valid for the specific physical location within the municipality |
6 | and county for which it was originally granted. |
7 | (b) Petition.--An applicant for a slot machine license or a |
8 | slot machine licensee may petition the board to relocate the |
9 | approved physical location of a licensed facility. In evaluating |
10 | a petition to relocate, the board shall consider the following |
11 | factors: |
12 | (1) The address of the proposed new location and the |
13 | reason for the relocation. |
14 | (2) A comparative analysis, submitted by the petitioner, |
15 | detailing estimated gross terminal revenues at the new |
16 | location with estimated gross terminal revenues at the |
17 | original location. |
18 | (3) A comparative analysis, submitted by the petitioner, |
19 | detailing the economic impact of the licensed facility at the |
20 | new location with the estimated economic impact at the |
21 | original location. The comparative analysis shall include the |
22 | total cost of the project and projected direct and indirect |
23 | employment figures. |
24 | (4) A comprehensive traffic study commissioned by the |
25 | board. |
26 | (5) Community support or opposition. |
27 | (6) Any other information requested by the board. |
28 | (c) Relocation.--A [No] slot machine licensee [shall] may be |
29 | permitted to move or relocate the physical location of the |
30 | licensed facility [without] with board approval [for] upon good |
|
1 | cause shown if: |
2 | (1) the relocated licensed facility remains within the |
3 | same county as originally licensed; |
4 | (2) the relocation will facilitate the timely |
5 | commencement of gaming operations; |
6 | (3) the relocated licensed facility complies with all |
7 | other provisions of this part related to the siting and |
8 | location of a licensed facility; and |
9 | (4) relocation of the licensed facility is in the best |
10 | interests of the Commonwealth. |
11 | (d) Public input hearing.--The board shall hold at least one |
12 | public input hearing in the municipality where the licensed |
13 | facility will be located prior to ruling on the petition. |
14 | (e) Restriction.--No grant or loan from the Commonwealth may |
15 | be awarded for the purpose of relocating or developing the |
16 | relocated licensed facility to comply with any conditions of |
17 | approval of the relocation. |
18 | Section 11. Title 4 is amended by adding a section to read: |
19 | § 1332. Appointment of trustee. |
20 | (a) Appointment.--Upon petition of the Office of Enforcement |
21 | Counsel, the board may order the appointment of a trustee from |
22 | the list required under subsection (j) to act on behalf of the |
23 | interests of the Commonwealth and the board to assure compliance |
24 | with this part and any conditions imposed upon the slot machine |
25 | license in the following circumstances: |
26 | (1) Upon the revocation, suspension or nonrenewal of a |
27 | slot machine license or a principal license if the principal |
28 | licensee is the only principal who exercises operational |
29 | control of the licensed facility. |
30 | (2) Upon the failure to renew a slot machine license or |
|
1 | a principal license if the principal licensee is the only |
2 | principal who exercises operational control of the licensed |
3 | facility until the slot machine or principal license is |
4 | renewed or until the discontinuation of the trusteeship |
5 | pursuant to subsection (i). |
6 | (3) If necessary to protect the best interests of the |
7 | Commonwealth. |
8 | (b) Qualifications.--The following shall apply: |
9 | (1) A trustee shall be required to qualify as a |
10 | principal and obtain a principal license pursuant to this |
11 | part. The board may appoint a trustee and award the trustee a |
12 | temporary principal license as prescribed in board |
13 | regulations. |
14 | (2) Before assuming duties, a trustee shall execute and |
15 | file a bond for the faithful performance of the trustee's |
16 | duties. The bond shall be payable to the board with sureties |
17 | and in the amount and form as required by board order. The |
18 | cost of the bond shall be paid by the former or suspended |
19 | licensee. |
20 | (3) A trustee shall be a resident of this Commonwealth. |
21 | (c) Powers.--A trustee appointed under this section shall |
22 | exercise only those powers and perform those duties expressly |
23 | conferred upon the trustee by the board. The board's order |
24 | appointing the trustee shall set forth the powers, duties and |
25 | responsibilities of the trustees which may include: |
26 | (1) Maintaining and operating the licensed facility in a |
27 | manner that complies with this part and any conditions |
28 | imposed by the board. |
29 | (2) Maintaining and operating the licensed facility |
30 | consistent with the measures generally taken in the ordinary |
|
1 | course of business including: |
2 | (i) Entering into contracts. |
3 | (ii) Borrowing money. |
4 | (iii) Pledging, mortgaging or otherwise encumbering |
5 | the licensed facility or property thereof as security for |
6 | the repayment of loans subject to any provisions and |
7 | restrictions in any existing credit documents. |
8 | (iv) Hiring, firing and disciplining employees. |
9 | (3) Exercising the rights and obligations of the former |
10 | or suspended licensee. |
11 | (4) Taking possession of all of the property of the slot |
12 | machine licensee, including its books, records and papers. |
13 | (5) Establishing accounts with financial institutions. |
14 | An account may not be established with a financial |
15 | institution in which an affiliate of the former or suspended |
16 | licensee, or in which the trustee, or an immediate family |
17 | member of the trustee, has a controlling interest. |
18 | (6) Meeting with the former or suspended licensee. |
19 | (7) Meeting with principals and key employees at the |
20 | licensed facility. |
21 | (8) Meeting with the independent audit committee. |
22 | (9) Meeting with the board's executive director and |
23 | keeping the board's executive director apprised of actions |
24 | taken and the trustee's plans and goals for the future. |
25 | (10) Hiring legal counsel, accountants or other |
26 | consultants or assistants, with prior approval of the board, |
27 | as necessary to carry out the trustee's duties and |
28 | responsibilities. |
29 | (11) Settling or compromising with any debtor or |
30 | creditor of the former or suspended licensee, including any |
|
1 | taxing authority. |
2 | (12) Reviewing outstanding agreements to which the |
3 | former or suspended licensee is a party and advising the |
4 | board as to which, if any, of the agreements should be the |
5 | subject of scrutiny, examination or investigation by the |
6 | board. |
7 | (13) Obtaining board approval prior to any sale, change |
8 | of ownership, change of control, change of financial status, |
9 | restructuring, transfer of assets or execution of a contract |
10 | or any other action taken outside of the ordinary course of |
11 | business. |
12 | (14) Obtaining board approval for any payments outside |
13 | of those made in the ordinary course of business. |
14 | Notwithstanding any provision contained in this subsection to |
15 | the contrary, the trustee shall have the duty to conserve and |
16 | preserve the assets of the licensed entity. |
17 | (d) Compensation.--The board shall establish the |
18 | compensation of the trustee and shall review and approve actual |
19 | and reasonable costs and expenses of the trustee, legal counsel, |
20 | accountants or other consultants or assistants hired by the |
21 | trustee and other persons the board may appoint in connection |
22 | with the trusteeship action. The compensation, costs and |
23 | expenses shall be paid by the former or suspended licensee. |
24 | Total compensation for the trustee and all individuals hired or |
25 | retained by the trustee under subsection (c)(10) shall not |
26 | exceed $600 per hour in the aggregate. |
27 | (e) Reports.--A trustee shall file reports with regard to |
28 | the administration of the trusteeship with the board in the form |
29 | and at intervals as the board orders. The board may direct that |
30 | copies or portions of the trustee's reports be mailed to |
|
1 | creditors or other parties in interest and make summaries of the |
2 | reports available to the public and shall post them on the |
3 | board's Internet website. |
4 | (f) Review of actions.--A creditor or party in interest |
5 | aggrieved by any alleged breach of a delegated power or duty of |
6 | a trustee in the discharge of the trustee's duties may request a |
7 | review of the trustee's action or inaction by filing a petition |
8 | in accordance with board regulations. The petition must set |
9 | forth in detail the pertinent facts and the reasons why the |
10 | facts constitute the alleged breach. The board will review any |
11 | petition filed under this section and take whatever action, if |
12 | any, it deems appropriate. |
13 | (g) Effect of the trusteeship.--After issuance of an order |
14 | to appoint a trustee, the former or suspended principal or slot |
15 | machine licensee may not exercise any of its privileges, collect |
16 | or receive any debts and pay out, sell, assign or transfer any |
17 | of its property to anyone without prior approval of the |
18 | appointed trustee and the board. |
19 | (h) Disposition of net income.--During the period of |
20 | trusteeship, net income shall be deposited in an escrow account |
21 | maintained for that purpose. Payment of net income during the |
22 | period of trusteeship may not be made by the trustee without the |
23 | prior approval of the board. A suspended or former principal or |
24 | slot machine licensee may request distribution of all or a |
25 | portion of the net income during the period of trusteeship by |
26 | filing a petition in accordance with board regulation. The |
27 | suspended or former principal or slot machine licensee shall |
28 | have the burden of demonstrating good cause for the distribution |
29 | of the net income requested. |
30 | (i) Discontinuation.--The board may issue an order to |
|
1 | discontinue a trusteeship when: |
2 | (1) The board determines that the cause for which the |
3 | trustee was appointed no longer exists. |
4 | (2) The trustee has, with the prior approval of the |
5 | board, consummated the sale, assignment, conveyance or other |
6 | disposition of all the property or interest of the former |
7 | principal or slot machine licensee relating to the slot |
8 | machine license. |
9 | (j) List of approved trustees.--The board shall promulgate |
10 | regulations to establish a list of individuals approved by the |
11 | board and qualified to serve as a trustee. At a minimum, the |
12 | regulations shall provide for the following: |
13 | (1) The minimum qualifications an individual must |
14 | possess to be approved as a trustee, which shall include |
15 | qualification as a principal pursuant to this part and |
16 | possession of a principal license. |
17 | (2) The procedure for placement on or removal from the |
18 | list. |
19 | (3) Any other information the board deems necessary to |
20 | carry out the intent of this section. |
21 | Section 12. Section 1407 of Title 4 is amended by adding |
22 | subsections to read: |
23 | § 1407. Pennsylvania Gaming Economic Development and Tourism |
24 | Fund. |
25 | * * * |
26 | (e) Annual report.--The Office of the Budget in cooperation |
27 | with the Department of Community and Economic Development shall |
28 | submit an annual report of all distribution of funds under this |
29 | section to the chairman and minority chairman of the |
30 | Appropriations Committee of the Senate, the chairman and |
|
1 | minority chairman of the Community, Economic and Recreational |
2 | Development Committee of the Senate, the chairman and minority |
3 | chairman of the Appropriations Committee of the House of |
4 | Representatives and the chairman and minority chairman of the |
5 | Gaming Oversight Committee of the House of Representatives. The |
6 | report shall include detailed information relating to transfers |
7 | made from the Pennsylvania Gaming Economic Development and |
8 | Tourism Fund and all reimbursements, distributions and payments |
9 | made under subsection (b) or the act of July 25, 2007 (P.L.342, |
10 | No.53), known as Pennsylvania Gaming Economic Development and |
11 | Tourism Fund Capital Budget Itemization Act of 2007. The report |
12 | shall be submitted by January 31, 2010, and by January 31 of |
13 | each year thereafter. |
14 | (f) Local report.--A city of the first class, city of the |
15 | second class, county of the second class, convention center or |
16 | convention center authority, sports and exhibition authority of |
17 | a county of the second class, urban redevelopment authority, |
18 | airport authority or other entity that receives money from the |
19 | fund pursuant to an Economic Development Capital Budget under |
20 | subsection (b) or the act of July 25, 2007 (P.L.342, No.53), |
21 | known as Pennsylvania Gaming Economic Development and Tourism |
22 | Fund Capital Budget Itemization Act of 2007, shall submit an |
23 | annual report to the Office of the Budget, the chairman and |
24 | minority chairman of the Appropriations Committee of the Senate, |
25 | the chairman and minority chairman of the Community, Economic |
26 | and Recreational Development Committee of the Senate, the |
27 | chairman and minority chairman of the Appropriations Committee |
28 | of the House of Representatives and the chairman and the |
29 | minority chairman of the Gaming Oversight Committee of the House |
30 | of Representatives. The report shall include detailed |
|
1 | information, including records of expenditures, payments and |
2 | other distributions made from money received under subsection |
3 | (b). The initial report shall include information on all funds |
4 | received prior to January 31, 2010. The report shall be |
5 | submitted by January 31, 2010, and by January 31 of each year |
6 | thereafter until all funds under this section are distributed or |
7 | received. An entity that receives funds after the effective date |
8 | of this section shall submit an initial report by January 31 of |
9 | the year following receipt of the funds. |
10 | (g) Distribution to international airport.--Notwithstanding |
11 | the provisions of section 7(d) of the act of July 25, 2007 |
12 | (P.L.342, No.53), known as the Pennsylvania Gaming Economic |
13 | Development and Tourism Fund Capital Budget Itemization Act of |
14 | 2007, following the distribution of $42.5 million of funds |
15 | allocated to the county for debt service and economic |
16 | development projects for an international airport in a county of |
17 | the second class under section 3(2)(i)(E) of said act, all |
18 | remaining funds shall be distributed directly to an authority |
19 | that operates an international airport in a county of the second |
20 | class. |
21 | Section 13. Sections 1511(b) and 1512(a.5) and (b) of Title |
22 | 4 are amended to read: |
23 | § 1511. Declaration of exemption from Federal laws prohibiting |
24 | slot machines. |
25 | * * * |
26 | (b) Legal shipments.--All shipments of [slot machines] | <-- |
27 | gambling devices, as defined in section 1 of the Gambling |
28 | Devices Transportation Act (64 Stat. 1134, 15 U.S.C. § 1171), |
29 | into this Commonwealth, the registering, recording and labeling |
30 | of which has been effected by the manufacturer and supplier of |
|
1 | those devices, in accordance with sections [5 and 7] 3 and 4 of |
2 | the Gambling Devices Transportation Act (64 Stat. 1134, 15 |
3 | U.S.C. §§ [1175 and 1177] 1173 and 1174), shall be deemed legal |
4 | shipments of [slot machines] gambling devices into this |
5 | Commonwealth. |
6 | Section 2. This act shall take effect in 60 days. | <-- |
7 | § 1512. Financial and employment interests. | <-- |
8 | * * * |
9 | (a.5) State Ethics Commission.--The State Ethics Commission |
10 | shall publish a list of all State, county, municipal and other |
11 | government positions that meet the definitions of "public |
12 | official" as defined under subsection (b) or "executive-level |
13 | public employee" [under subsection (b)] as defined in section |
14 | 1102 (relating to definitions). The Office of Administration |
15 | shall assist the [Ethics Commission] commission in the |
16 | development of the list, which shall be published in the |
17 | Pennsylvania Bulletin biennially and on the board's website. |
18 | Upon request, each public official shall have a duty to provide |
19 | the [Ethics Commission] commission with adequate information to |
20 | accurately develop and maintain the list. The [Ethics |
21 | Commission] commission may impose a civil penalty under 65 |
22 | Pa.C.S. § 1109(f) (relating to penalties) upon any individual |
23 | including any public official or executive-level public employee |
24 | who fails to cooperate with the [Ethics Commission] commission |
25 | under this subsection. An individual who relies in good faith on |
26 | the list published by the commission shall not be subject to any |
27 | penalty for a violation of this section. |
28 | (b) Definitions.--As used in this section, the following |
29 | words and phrases shall have the meanings given to them in this |
30 | subsection: |
|
1 | ["Executive-level public employee." The term shall include |
2 | the following: |
3 | (1) Deputy Secretaries of the Commonwealth and the |
4 | Governor's Office executive staff. |
5 | (2) An employee of the Executive Branch with |
6 | discretionary power which may affect or influence the outcome |
7 | of a State agency's action or decision and who is involved in |
8 | the development of regulations or policies relating to a |
9 | licensed entity or who is involved in other matters under |
10 | this part. The term shall include an employee with law |
11 | enforcement authority. |
12 | (3) An employee of a county or municipality with |
13 | discretionary powers which may affect or influence the |
14 | outcome of the county's or municipality's action or decision |
15 | and who is involved in the development of law, regulation or |
16 | policy relating to a licensed entity or who is involved in |
17 | other matters under this part. The term shall include an |
18 | employee with law enforcement authority. |
19 | (4) An employee of a department, agency, board, |
20 | commission, authority or other governmental body not included |
21 | in paragraph (1), (2) or (3) with discretionary power which |
22 | may affect or influence the outcome of the governmental |
23 | body's action or decision and who is involved in the |
24 | development of regulation or policy relating to a licensed |
25 | entity or who is involved in other matters under this part. |
26 | The term shall include an employee with law enforcement |
27 | authority.] |
28 | "Financial interest." Owning or holding, or being deemed to |
29 | hold, debt or equity securities or other ownership interest or |
30 | profits interest. A financial interest shall not include any |
|
1 | debt or equity security, or other ownership interest or profits |
2 | interest, which is held or deemed to be held in any of the |
3 | following: |
4 | (1) A blind trust over which the executive-level public |
5 | employee, public official, party officer or immediate family |
6 | member thereof may not exercise any managerial control or |
7 | receive income during the tenure of office and the period |
8 | under subsection (a). The provisions of this paragraph shall |
9 | apply only to blind trusts established prior to the effective |
10 | date of this paragraph. |
11 | (2) Securities that are held in a pension plan, profit- |
12 | sharing plan, individual retirement account, tax-sheltered |
13 | annuity, a plan established pursuant to section 457 of the |
14 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
15 | 1 et seq.) or any successor provision deferred compensation |
16 | plan whether qualified or not qualified under the Internal |
17 | Revenue Code of 1986 or any successor provision or other |
18 | retirement plan that: |
19 | (i) is not self-directed by the individual; and |
20 | (ii) is advised by an independent investment adviser |
21 | who has sole authority to make investment decisions with |
22 | respect to contributions made by the individual to these |
23 | plans. |
24 | (3) A tuition account plan organized and operated |
25 | pursuant to section 529 of the Internal Revenue Code of 1986 |
26 | (Public Law 99-514, 26 U.S.C. § 529) that is not self- |
27 | directed by the individual. |
28 | (4) A mutual fund where the interest owned by the mutual |
29 | fund in a licensed entity does not constitute a controlling |
30 | interest as defined in this part. |
|
1 | "Immediate family." A spouse, minor child or unemancipated |
2 | child. |
3 | "Law enforcement authority." The power to conduct |
4 | investigations of or to make arrests for criminal offenses. |
5 | "Party officer." A member of a national committee; a |
6 | chairman, vice chairman, secretary, treasurer or counsel of a |
7 | State committee or member of the executive committee of a State |
8 | committee; a county chairman, vice chairman, counsel, secretary |
9 | or treasurer of a county committee in which a licensed facility |
10 | is located; or a city chairman, vice chairman, counsel, |
11 | secretary or treasurer of a city committee of a city in which a |
12 | licensed facility is located. |
13 | "Public official." The term shall include the following: |
14 | (1) The Governor, Lieutenant Governor, a member of the |
15 | Governor's cabinet, Treasurer, Auditor General and Attorney |
16 | General of the Commonwealth. |
17 | (2) A member of the Senate or House of Representatives |
18 | of the Commonwealth. |
19 | (3) An individual elected or appointed to any office of |
20 | a county or municipality that directly receives a |
21 | distribution of revenue under this part. |
22 | (4) An individual elected or appointed to a department, |
23 | agency, board, commission, authority or other governmental |
24 | body not included in paragraph (1), (2) or (3) that directly |
25 | receives a distribution of revenue under this part. |
26 | (5) An individual elected or appointed to a department, |
27 | agency, board, commission, authority, county, municipality or |
28 | other governmental body not included in paragraph (1), (2) or |
29 | (3) with discretionary power which may influence or affect |
30 | the outcome of an action or decision and who is involved in |
|
1 | the development of regulation or policy relating to a |
2 | licensed entity or who is involved in other matters under |
3 | this part. |
4 | The term does not include a member of a school board or an |
5 | individual who held an uncompensated office with a governmental |
6 | body prior to January 1, 2006, and who no longer holds the |
7 | office as of January 1, 2006. The term includes a member of an |
8 | advisory board or commission which makes recommendations |
9 | relating to a licensed facility. |
10 | Section 14. Title 4 is amended by adding a section to read: |
11 | § 1516.1. Prosecutorial and adjudicatory functions. |
12 | The board shall adopt regulations and procedures necessary to |
13 | ensure that the Bureau of Investigations and Enforcement is a |
14 | distinct entity and to prevent commingling of the investigatory |
15 | and prosecutorial functions of the Bureau of Investigations and |
16 | Enforcement under section 1517 (relating to investigations and |
17 | enforcement) and the adjudicatory functions of the board. |
18 | Regulations and procedures under this section shall do all of |
19 | the following: |
20 | (1) Provide that the executive director and the chief |
21 | counsel of the board shall not direct or limit the scope of a |
22 | background investigation conducted by the bureau. |
23 | (2) Incorporate section 1202.1(c.1) (relating to code of |
24 | conduct) and any other applicable provisions of section |
25 | 1202.1. |
26 | Section 15. Section 1517(a.1)(6) of Title 4 is amended, |
27 | subsection (a.2)(1) is amended by adding a subparagraph and |
28 | subsection (c) is amended by adding paragraphs to read: |
29 | § 1517. Investigations and enforcement. |
30 | * * * |
|
1 | (a.1) Powers and duties of bureau.--The Bureau of |
2 | Investigations and Enforcement shall have the following powers |
3 | and duties: |
4 | * * * |
5 | (6) Conduct [audits] reviews of a licensed entity as |
6 | necessary to ensure compliance with this part. [An audit] A |
7 | review may include the review of accounting, administrative |
8 | and financial records, management control systems, procedures |
9 | and other records utilized by a licensed entity. |
10 | * * * |
11 | (a.2) Office of Enforcement Counsel.-- |
12 | (1) There is established within the bureau an Office of |
13 | Enforcement Counsel which shall act as the prosecutor in all |
14 | noncriminal enforcement actions initiated by the bureau under |
15 | this part and shall have the following powers and duties: |
16 | * * * |
17 | (iv) Petition the board for the appointment of a |
18 | trustee under section 1332 (relating to appointment of |
19 | trustee). |
20 | * * * |
21 | (c) Powers and duties of the Pennsylvania State Police.--The |
22 | Pennsylvania State Police shall have the following powers and |
23 | duties: |
24 | * * * |
25 | (1.1) Promptly conduct a background investigation on an |
26 | individual selected by the board to fill the position of |
27 | executive director of the board, director of the bureau, |
28 | chief counsel of the board or the director of the Office of |
29 | Enforcement Counsel and submit the results to the board. |
30 | * * * |
|
1 | (14) By March 1 of each year, the Commissioner of the |
2 | Pennsylvania State Police shall submit a report to the |
3 | Appropriations Committee of the Senate, the Community, |
4 | Economic and Recreational Development Committee of the |
5 | Senate, the Appropriations Committee of the House of |
6 | Representatives and the Gaming Oversight Committee of the |
7 | House of Representatives. The report shall summarize law |
8 | enforcement activities at each licensed facility during the |
9 | previous calendar year and shall include all of the |
10 | following: |
11 | (i) The number of arrests at each licensed facility. |
12 | (ii) A list of specific offenses charged for each |
13 | offense. |
14 | (iii) The number of criminal prosecutions resulting |
15 | from arrests. |
16 | (iv) The number of convictions resulting from |
17 | prosecutions. |
18 | (v) The number of Pennsylvania State Police troopers |
19 | assigned to each licensed facility and to the gaming unit |
20 | at the Pennsylvania State Police headquarters. |
21 | (vi) The number and nature of disciplinary actions |
22 | taken and complaints made against Pennsylvania State |
23 | Police troopers in a licensed facility. |
24 | (vii) The closest local police station, Pennsylvania |
25 | State Police station and regional Pennsylvania State |
26 | Police headquarters to each licensed facility. |
27 | * * * |
28 | Section 16. Section 1517.2 of Title 4 is amended to read: |
29 | § 1517.2. Conduct of [public officials and] board employees. |
30 | (a) [Ex parte discussion prohibited.--An attorney |
|
1 | representing the bureau or the Office of Enforcement Counsel, or |
2 | an employee of the bureau or office involved in the hearing |
3 | process, shall not discuss the case ex parte with a hearing |
4 | officer, chief counsel or member] (Reserved). |
5 | (b) [Other prohibitions.--A hearing officer, the chief |
6 | counsel or a member shall not discuss or exercise any |
7 | supervisory responsibility over any employee with respect to an |
8 | enforcement hearing with which the employee is involved] |
9 | (Reserved). |
10 | (c) Disqualification.--If it becomes necessary for the chief |
11 | counsel or member to become involved on behalf of the board in |
12 | any enforcement proceeding, the chief counsel or member shall be |
13 | prohibited from participating in the adjudication of that matter |
14 | and shall designate appropriate individuals to exercise |
15 | adjudicatory functions. |
16 | Section 17. Title 4 is amended by adding sections to read: |
17 | § 1518.1. Report of suspicious transactions (Reserved). |
18 | § 1518.2. Additional authority. |
19 | (a) General rule.--The chief enforcement counsel may |
20 | petition the Commonwealth Court for authorization to review or |
21 | obtain information in the possession of an agency in this |
22 | Commonwealth by averring specific facts demonstrating that the |
23 | agency has in its possession information material to a pending |
24 | investigation or inquiry being conducted by the bureau pursuant |
25 | to this part and that disclosure or release is in the best |
26 | interest of the Commonwealth. The petition shall request that |
27 | the court enter a rule upon the agency to show cause why the |
28 | agency should not be directed to disclose to the bureau, or |
29 | identified agents thereof, information in its possession about |
30 | any pending matter under the jurisdiction of the bureau pursuant |
|
1 | to this part. If a respondent is a local agency, a copy of any |
2 | rule issued pursuant to this section shall be provided to the |
3 | district attorney of the county in which the local agency is |
4 | located and the Office of Attorney General. Upon request of a |
5 | local agency, the district attorney or the Attorney General may |
6 | elect to enter an appearance to represent the local agency in |
7 | the proceedings. |
8 | (b) Procedure.--The filing of a petition pursuant to this |
9 | section and related proceedings shall be in accordance with |
10 | court rule, including issuance as of course. A party shall not |
11 | disclose the filing of a petition or answer or receipt, content |
12 | or disposition of a rule or order issued pursuant to this |
13 | section without leave of court. Any party to the proceedings may |
14 | request that the record be sealed and proceedings be closed. The |
15 | court shall grant the request if it is in the best interest of |
16 | any person or the Commonwealth to do so. |
17 | (c) Court determination.--Following review of the record, |
18 | the court shall grant the relief sought by the chief enforcement |
19 | counsel, if the court determines that the agency has in its |
20 | possession information material to the investigation or inquiry |
21 | and that disclosure or release of the information is in the best |
22 | interest of the Commonwealth, that the disclosure or release of |
23 | the information is not otherwise prohibited by statute or |
24 | regulation and that the disclosure or release of the information |
25 | would not inhibit an agency in the performance of the agency's |
26 | duties. If the court so determines, the court shall enter an |
27 | order authorizing and directing the information be made |
28 | available for review in camera. |
29 | (d) Release of materials or information.--If, after an in |
30 | camera review, the chief enforcement counsel seeks to obtain |
|
1 | copies of materials in the agency's possession, the court may, |
2 | if not otherwise prohibited by statute or regulation, enter an |
3 | order that the requested materials be provided. Any order |
4 | authorizing the release of materials or other information shall |
5 | contain direction regarding the safekeeping and use of the |
6 | materials or other information sufficient to satisfy the court |
7 | that the materials or information will be sufficiently |
8 | safeguarded. In making this determination the court shall |
9 | consider the input of the agency concerning any pending |
10 | investigation or ongoing matter and the safety of person and |
11 | property. |
12 | (e) Modification of order.--If subsequent investigation or |
13 | inquiry by the bureau warrants modification of any order entered |
14 | pursuant to this section, the chief enforcement counsel may |
15 | petition to request the modification. Upon such request, the |
16 | court may modify its orders at any time and in any manner it |
17 | deems necessary and appropriate. The agency named in the |
18 | original petition shall be given notice and an opportunity to be |
19 | heard. |
20 | (f) Use of information or materials.--Any person who, by any |
21 | means authorized by this section, has obtained knowledge of |
22 | information or materials solely pursuant to this section may use |
23 | such information or materials in a manner consistent with any |
24 | directions imposed by the court and appropriate to the proper |
25 | performance of the person's official duties under this part. |
26 | (g) Violation.--In addition to any remedies and penalties |
27 | provided in this part, any violation of the provisions of this |
28 | section may be punished as contempt of the court. |
29 | (h) Definition.--As used in this section the term "agency" |
30 | shall mean a "Commonwealth agency" or a "local agency" as those |
|
1 | terms are defined in section 102 of the act of February 14, 2008 |
2 | (P.L.6, No.3), known as the Right-to-Know Law. |
3 | Section 18. The amendment of 4 Pa.C.S. § 1201(h)(13) shall |
4 | not apply to individuals employed on the effective date of this |
5 | section by the Pennsylvania Gaming Control Board until January |
6 | 1, 2010. |
7 | Section 19. The amendment of 4 Pa.C.S. § 1202(a)(2) shall |
8 | not apply to an individual: |
9 | (1) who, on July 1, 2009, was serving officially or |
10 | acting as Executive Director of the Pennsylvania Gaming |
11 | Control Board, Chief Counsel of the board, or the Director of |
12 | the Office Of Enforcement Counsel within the Bureau of |
13 | Investigations and Enforcement; and |
14 | (2) on whom the board, the bureau or the Pennsylvania |
15 | State Police completed a background investigation as a |
16 | condition of employment with the board. |
17 | Section 20. The amendment of 4 Pa.C.S. § 1213 shall not |
18 | apply to any of the following: |
19 | (1) An application submitted before the effective date |
20 | of this section. |
21 | (2) Any license or permit issued prior to the effective |
22 | date of this section. |
23 | (3) The renewal of any license or permit issued prior to |
24 | the effective date of this section. |
25 | Section 21. The addition of 4 Pa.C.S. § 1517(c)(1.1) shall |
26 | not apply to an individual: |
27 | (1) who, on July 1, 2009, was serving officially or |
28 | acting as Executive Director of the Pennsylvania Gaming |
29 | Control Board, Chief Counsel of the board, or the Director of |
30 | the Office Of Enforcement Counsel within the Bureau of |
|
1 | Investigations and Enforcement; and |
2 | (2) on whom the board, the bureau or the Pennsylvania |
3 | State Police completed a background investigation as a |
4 | condition of employment with the board. |
5 | Section 22. This act shall take effect immediately. |
|