PRINTER'S NO. 2063
No. 1317 Session of 2006
INTRODUCED BY RAFFERTY, ORIE, VANCE, ROBBINS, M. WHITE, CORMAN,
WONDERLING, REGOLA, FERLO, WENGER, D. WHITE, ARMSTRONG,
TARTAGLIONE, WAUGH, PIPPY, PICCOLA AND BROWNE,
SEPTEMBER 20, 2006
REFERRED TO STATE GOVERNMENT, SEPTEMBER 20, 2006
AN ACT
1 Amending Title 4 (Amusements) of the Pennsylvania Consolidated
2 Statutes, further providing for the powers of the board and
3 the Pennsylvania State Police and for criminal offenses; and
4 providing for fingerprints.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Sections 1202(b)(1) and (2), 1517(c) and 1518(a)
8 of Title 4 of the Pennsylvania Consolidated Statutes are amended
9 to read:
10 § 1202. General and specific powers.
11 * * *
12 (b) Specific powers.--The board shall have the specific
13 power and duty:
14 (1) To require background investigations [on] of its
15 prospective and existing employees and prospective or
16 existing licensees, permittees or persons holding a
17 controlling interest in any prospective or existing licensee
18 or permittee under the jurisdiction of the board.
1 (2) To enter into an agreement with the Pennsylvania
2 State Police for the reimbursement of actual costs as
3 approved by the board to the Pennsylvania State Police for
4 the [investigations. Investigations] background
5 investigations. Background investigations shall include
6 information in the possession of the Attorney General.
7 * * *
8 § 1517. Enforcement.
9 * * *
10 (c) Powers and duties of the Pennsylvania State Police.--The
11 Pennsylvania State Police shall serve as the primary criminal
12 and regulatory investigative enforcement arm of the board.
13 Designated members of the Pennsylvania State Police shall be
14 assigned to perform background investigations and to provide
15 regulatory enforcement by monitoring licensed facility gaming
16 operations. The Pennsylvania State Police shall have the
17 following powers and duties:
18 (1) Promptly investigate all employees of the board,
19 licensees, permittees and applicants as directed by the board
20 in accordance with the provisions of section 1202.
21 (2) Enforce the rules and regulations promulgated under
22 this part.
23 (3) Initiate proceedings for any violations of this part
24 or regulations promulgated under this part.
25 (4) Provide the board with all information necessary for
26 all actions under this part for all proceedings involving
27 enforcement of this part or regulations promulgated under
28 this part.
29 (5) Inspect a licensee's or permittee's person and
30 personal effects present in a licensed facility under this
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1 part while that licensee or permittee is present at a
2 licensed facility.
3 (6) Enforce the criminal provisions of this part and all
4 other criminal laws of the Commonwealth.
5 (7) Fingerprint applicants for licenses and permits.
6 (8) Exchange fingerprint data with and receive national
7 criminal history record information from the FBI for use in
8 investigating applications for any license or permit under
9 this part.
10 (9) Receive and take appropriate action on any referral
11 from the board relating to criminal conduct.
12 (10) Require the production of any information, material
13 and other data from any licensee, permittee or applicant.
14 (11) Conduct administrative inspections on the premises
15 of licensed racetrack or nonprimary location or licensed
16 facility to ensure compliance with this part and the
17 regulations of the board and, in the course of inspections,
18 review and make copies of all documents and records required
19 by the inspection through onsite observation and other
20 reasonable means to assure compliance with this part and
21 regulations promulgated under this part.
22 (12) Conduct audits or verification of information of
23 slot machine operations at such times, under such
24 circumstances and to such extent as the bureau determines.
25 This paragraph includes reviews of accounting, administrative
26 and financial records and management control systems,
27 procedures and records utilized by a slot machine licensee.
28 (13) A member of the Pennsylvania State Police assigned
29 to duties of enforcement under this part shall not be counted
30 toward the complement as defined in the act of December 13,
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1 2001 (P.L.903, No.100), entitled "An act repealing in part a
2 limitation on the complement of the Pennsylvania State
3 Police."
4 * * *
5 § 1518. Prohibited acts; penalties.
6 (a) Criminal offenses.--
7 (1) The provisions of 18 Pa.C.S. § 4902 (relating to
8 perjury), 4903 (relating to false swearing) or 4904 (relating
9 to unsworn falsification to authorities) shall apply to any
10 person providing information or making any statement, whether
11 written or oral, to the board, the bureau, the department,
12 the Pennsylvania State Police or the Office of Attorney
13 General, as required by this part.
14 (2) It is unlawful for a person to willfully:
15 (i) fail to report, pay or truthfully account for
16 and pay over any license fee, tax or assessment imposed
17 under this part; or
18 (ii) attempt in any manner to evade or defeat any
19 license fee, tax or assessment imposed under this party.
20 (3) It is unlawful for any licensed entity, gaming
21 employee, key employee or any other person to permit a slot
22 machine to be operated, transported, repaired or opened on
23 the premises of a licensed facility by a person other than a
24 person licensed or permitted by the board pursuant to this
25 part.
26 (4) It is unlawful for any licensed entity or other
27 person to manufacture, supply or place slot machines into
28 play or display slot machines on the premise of a licensed
29 facility without the authority of the board.
30 (5) Except as provided for in section 1326 (relating to
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1 license renewals), it is unlawful for a licensed entity or
2 other person to manufacture, supply, operate, carry on or
3 expose for play any slot machine after the person's license
4 has expired and prior to the actual renewal of the license.
5 (6) (i) Except as set forth in subparagraph (ii), it is
6 unlawful for an individual on the premises of a licensed
7 facility to knowingly use currency other than lawful coin
8 or legal tender of the United States or a coin not of the
9 same denomination as the coin intended to be used in the
10 slot machine.
11 (ii) In the playing of a slot machine, it is lawful
12 for an individual to use gaming billets, tokens or
13 similar objects issued by the licensed gaming entity
14 which are approved by the board.
15 (7) (i) Except as set forth in subparagraph (ii), it is
16 unlawful for an individual on the premises of a licensed
17 facility to use or possess a cheating or thieving device,
18 counterfeit or altered billet, ticket, token or similar
19 objects accepted by a slot machine or counterfeit or
20 altered slot machine-issued tickets or vouchers.
21 (ii) An authorized employee of a licensee or an
22 employee of the board may possess and use a cheating or
23 thieving device, counterfeit or altered billet, ticket,
24 token or similar objects accepted by a slot machine or
25 counterfeit or altered slot machine-issued tickets or
26 vouchers only in performance of the duties of employment.
27 (iii) As used in this paragraph, the term "cheating
28 or thieving device" includes, but is not limited to, a
29 device to facilitate the alignment of any winning
30 combination or to remove from any slot machine money or
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1 other contents. The term includes, but is not limited to,
2 a tool, drill, wire, coin or token attached to a string
3 or wire and any electronic or magnetic device.
4 (8) (i) Except as set forth in subparagraph (ii), it is
5 unlawful for an individual to knowingly possess or use
6 while on the premises of a licensed facility a key or
7 device designed for the purpose of and suitable for
8 opening or entering any slot machine or coin box.
9 (ii) An authorized employee of licensee or a member
10 of the board may possess and use a device referred to in
11 subparagraph (i) only in the performance of the duties of
12 employment.
13 (9) It is unlawful for a person or licensed entity to
14 possess any device, equipment or material which the person or
15 licensed entity knows has been manufactured, distributed,
16 sold, tampered with or serviced in violation of this part.
17 (10) It is unlawful for an individual to work or be
18 employed in a position the duties of which would require
19 licensing or permitting under the provisions of this part
20 without first obtaining the requisite license or permit as
21 provided for in this part.
22 (11) It is unlawful for a licensed gaming entity that is
23 a licensed racing entity and that has lost the license issued
24 to it by either the State Horse Racing Commission or the
25 State Harness Racing Commission under the Race Horse Industry
26 Reform Act or that has had that license suspended to operate
27 slot machines at the racetrack for which its license was
28 issued unless the license will be subsequently reissued or
29 reinstated within 30 days after the loss or suspension.
30 (12) It is unlawful for a licensed entity to employ or
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1 continue to employ in a position the duties of which require
2 a license or permit under the provisions of this part:
3 (i) An individual not licensed or permitted under
4 the provisions of this part.
5 (ii) An individual who is prohibited from accepting
6 employment from a licensee.
7 (13) It is unlawful for any person under 18 years of age
8 to be permitted in the area where slot machines are operated.
9 (14) It is a felony of the third degree for any person
10 who is seeking a gaming license or occupational permit to
11 submit to the board, the Pennsylvania State Police or its
12 agents an application which contains false or misleading
13 information.
14 (15) It is a felony of the third degree for any person
15 to provide to the board, the Pennsylvania State Police or its
16 agents false or misleading information regarding a person or
17 business entity during the course of a background
18 investigation which is being conducted in accordance with
19 section 1202(b)(1) (relating to general and specific powers).
20 * * *
21 Section 2. Title 4 is amended by adding a section to read:
22 § 1806. Fingerprinting.
23 (a) Central repository.--The Pennsylvania State Police
24 central repository shall store and maintain fingerprint records
25 for all board licensees, occupation permittees, gaming employees
26 and contract employees and any other gaming-related persons
27 designated by the board. This fingerprint record retention shall
28 be for the purposes of arrest notifications and periodic arrest
29 inquiries as well as other purposes as set forth in this title
30 for all persons enumerated in this section. The Pennsylvania
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1 State Police shall notify the board and commissions upon receipt
2 of information on the arrest of any of these persons.
3 Fingerprint records listed in this section shall be maintained
4 by the Pennsylvania State Police only for the time period that
5 the person is licensed or possesses an occupation permit by the
6 board or is employed directly or as a contract employee or is
7 designated as a gaming-related person by the board. The board
8 shall immediately notify the Pennsylvania State Police when any
9 license or occupation permit is revoked or the renewal period
10 has expired or when the employment or contract employment or
11 gaming-related person designation is revoked, expired or
12 terminated so the fingerprint record can be purged.
13 (b) Waiver form.--All applicants to the board for licenses
14 or occupation permits or applicants for gaming employment or for
15 contract employment or those persons designated as gaming-
16 related persons by the board shall as part of the application
17 process sign a waiver form for fingerprint record retention by
18 the Pennsylvania State Police.
19 (c) Funding.--The board shall provide funding for all of the
20 necessary upgrades and equipment required by the Pennsylvania
21 State Police central respository to perform this function.
22 (d) Notification of arrest.--Any person licensed or
23 permitted by the board who is arrested for any criminal
24 violation of any Federal, Pennsylvania or other state law shall
25 immediately notify the board of the arrest. Any person who fails
26 to comply with this requirement shall have his license or
27 occupational permit suspended or revoked by the board.
28 Section 3. This act shall take effect in 60 days.
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