HOUSE AMENDED
PRIOR PRINTER'S NOS. 1811, 1862 PRINTER'S NO. 1885
No. 1209 Session of 2004
INTRODUCED BY PIPPY, BRIGHTBILL, JUBELIRER, ARMSTRONG,
TOMLINSON, EARLL, GORDNER, ERICKSON, O'PAKE, M. WHITE, ORIE,
WAGNER, WENGER, SCHWARTZ, FERLO, ROBBINS, RAFFERTY, CORMAN,
DENT, C. WILLIAMS, PICCOLA, WONDERLING, THOMPSON, WAUGH,
D. WHITE, MADIGAN, CONTI, RHOADES, SCARNATI, LEMMOND, MOWERY,
PUNT, KASUNIC, KUKOVICH, PILEGGI AND GREENLEAF,
AUGUST 2, 2004
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 18, 2004
AN ACT
1 Amending Titles 4 (Amusements) and 18 (Crimes and Offenses) of
2 the Pennsylvania Consolidated Statutes, further providing for
3 definitions and for the Pennsylvania Gaming Control Board
4 established; providing for applicability of other statutes
5 and for review of deeds, leases and contracts; further
6 providing for general and specific powers, for temporary
7 regulations, for board minutes and records and for supplier
8 and manufacturer licenses application; providing for
9 manufacturer licenses; further providing for occupation
10 permit application, for local land use preemption, for public
11 official financial interest, for enforcement, FOR PENALTIES <--
12 and for corrupt organizations; and making related repeals.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. The definition of "supplier" in section 1103 of
16 Title 4 of the Pennsylvania Consolidated Statutes, added July 5,
17 2004 (P.L.572, No.71), is amended and the section is amended by
18 adding a definition to read:
19 § 1103. Definitions.
1 The following words and phrases when used in this part shall
2 have the meanings given to them in this section unless the
3 context clearly indicates otherwise:
4 * * *
5 "Member." An individual appointed to the Pennsylvania Gaming
6 Control Board pursuant to section 1201(b) (relating to
7 Pennsylvania Gaming Control Board).
8 * * *
9 "Supplier." A person that sells, leases, offers or otherwise
10 provides, distributes or services any slot machine in this
11 Commonwealth. The term does not include a person who sells slot
12 monitoring systems, casino management systems, player tracking
13 systems and wide-area progressive systems.
14 * * *
15 Section 2. Section 1201 heading and (f)(3), (h)(7) and (l)
16 of Title 4, added July 5, 2004 (P.L.572, No.71), is amended and
17 the section is amended by adding paragraphs to read:
18 § 1201. Pennsylvania Gaming Control Board [established].
19 * * *
20 (f) Qualified majority vote.--
21 * * *
22 (3) Notwithstanding any other provision [to the
23 contrary] of this part or 65 Pa.C.S. § 1103(j) (relating to
24 restricted activities), a member shall disclose the nature of
25 his disqualifying interest, disqualify himself and abstain
26 from voting in a proceeding in which his or her impartiality
27 may be reasonably questioned, including, but not limited to,
28 instances where he or she knows that they possess a
29 substantial financial interest in the subject matter of the
30 proceeding or any other interest that could be substantially
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1 affected by the outcome of the proceeding. In such
2 circumstances in which it is a legislative appointee member
3 that has disqualified himself or herself, the qualified
4 majority shall consist of the remaining three legislative
5 appointees and at least two gubernatorial appointees.
6 * * *
7 (h) [Qualifications and restrictions] Restrictions.--
8 * * *
9 [(7) At the time of appointment and annually thereafter,
10 each member shall disclose the existence of all ownership
11 interests in licensed facilities and all securities in any
12 licensed entity or applicant, its affiliates or subsidiaries
13 held by the member, the member's spouse and any minor or
14 unemancipated children and must divest such ownership
15 interests in licensed facilities or securities prior to an
16 appointment becoming final. A member may not acquire any
17 security in any licensed entity, its affiliates or
18 subsidiaries during the member's tenure. The disclosure
19 statement shall be filed with the executive director of the
20 board and with the appointing authority for such member and
21 shall be open to inspection by the public at the office of
22 the board during the normal business hours of the board
23 during the tenure of the member and for two years after the
24 member leaves office.]
25 (7) (i) At the time of appointment, and annually
26 thereafter, each member of the board shall disclose the
27 existence of all financial, property, leasehold or other
28 beneficial interest in any slot machine license
29 applicant, manufacturer license applicant, supplier
30 license applicant, licensed entity or licensed facility
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1 and in any holding companies, affiliates, intermediaries
2 or subsidiary businesses thereof, which are held by the
3 member or the immediate family of the member. The
4 disclosure statement shall be filed with the executive
5 director of the board and with the appointing authority
6 of the member. The disclosure statement shall be open to
7 inspection by the public at the office of the board
8 during the normal business hours of the board during the
9 member's term on the board and continuing for two years
10 after the member leaves office. Prior to the member's
11 appointment becoming final, any financial, property,
12 leasehold, ownership or other beneficial interest in any
13 slot machine license applicant, manufacturer license
14 applicant, supplier license applicant, licensed entity or
15 licensed facility and in any holding companies,
16 affiliates, intermediaries or subsidiary businesses
17 thereof, owned or held by the member or the immediate
18 family of the member must be divested. During the
19 member's term and continuing for one year thereafter, the
20 member and the immediate family of the member may not
21 acquire by purchase, gift, exchange or otherwise, any
22 financial, property, leasehold, ownership or other
23 beneficial interest in any slot machine license
24 applicant, manufacturer license applicant, supplier
25 license applicant, licensed entity or licensed facility
26 and OR in any holding companies, affiliates, <--
27 intermediaries or subsidiary businesses thereof.
28 (ii) As used in this paragraph, the following words
29 and phrases shall have the meanings given to them in this
30 subparagraph:
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1 "Financial interest." Owning or holding or being
2 deemed to hold debt or equity securities or other
3 ownership interest or profits interest.
4 "Immediate family." The term shall have the same
5 meaning given to it in section 1512 (relating to
6 public official financial interest).
7 (7.1) (i) At the time of employment, and annually
8 thereafter, each employee or contract employee of the
9 board shall disclose the existence of all financial,
10 property, leasehold or other beneficial interest in any
11 slot machine license applicant, manufacturer license
12 applicant, supplier license applicant, licensed entity or
13 licensed facility and in any holding companies,
14 affiliates, intermediaries or subsidiary businesses
15 thereof, which are held by the employee or contract
16 employee or the immediate family of the employee or
17 contract employee. The disclosure statement shall be
18 filed with the executive director of the board. The
19 disclosure statement shall be open to inspection by the
20 public at the office of the board during normal business
21 hours of the board during the employee's or contract
22 employee's employment with the board and continuing for
23 two years after the employee or contract employee
24 terminates employment with the board. Prior to commencing
25 employment, any financial, property, leasehold, ownership
26 or other beneficial interest in any slot machine license
27 applicant, manufacturer license applicant, supplier
28 license applicant, licensed entity or licensed facility
29 and in any holding companies, affiliates, intermediaries
30 or subsidiary businesses thereof, owned or held by the
20040S1209B1885 - 5 -
1 employee or contract employee or the immediate family of
2 the employee or contract employee must be divested.
3 During the employee's or contract employee's employment
4 and continuing for one year thereafter, the employee or
5 contract employee and the immediate family of the
6 employee or contract employee may not acquire by
7 purchase, gift, exchange or otherwise, any financial,
8 property, leasehold, ownership or other beneficial
9 interest in any slot machine license applicant,
10 manufacturer license applicant, supplier license
11 applicant, licensed entity or licensed facility and OR in <--
12 any holding companies, affiliates, intermediaries or
13 subsidiary businesses thereof.
14 (ii) As used in this paragraph, the following words
15 and phrases shall have the meanings given to them in this
16 subparagraph:
17 "Financial interest." Owning or holding or being
18 deemed to hold debt or equity securities or other
19 ownership interest or profits interest.
20 "Immediate family." The term shall have the same
21 meaning given to it in section 1512 (relating to
22 public official financial interest).
23 * * *
24 (13) No person may be employed, whether as an employee
25 or a contract employee, by the board until the board receives
26 a background investigation conducted on the person in
27 accordance with this part.
28 (14) No member shall hold or campaign for any other
29 public office, hold office in any political party or
30 political committee or actively participate in any political
20040S1209B1885 - 6 -
1 campaign.
2 (15) No employee of the board shall hold or campaign for
3 any other public office, hold office in any political party <--
4 or political committee or actively participate in or
5 contribute to any political campaign.
6 * * *
7 [(l) Disclosure statements.--Members and employees of the
8 board are subject to the provisions of 65 Pa.C.S. Ch. 11
9 (relating to ethics standards and financial disclosure) and the
10 act of July 19, 1957 (P.L.1017, No.451), known as the State
11 Adverse Interest Act.]
12 Section 3. Title 4 is amended by adding sections to read:
13 § 1201.1. Applicability of other statutes.
14 The following shall apply:
15 (1) The following acts shall apply to the board, its
16 members and employees:
17 (i) Act of June 21, 1957 (P.L.390, No.212), referred
18 to as the Right-to-Know Law.
19 (ii) Act of July 19, 1957 (P.L.1017, No.451), known
20 as the State Adverse Interest Act.
21 (iii) The provisions of 65 Pa.C.S. Chs. 7 (relating
22 to open meetings) and 11 (relating to ethics standards
23 and financial disclosure).
24 (2) The board shall be considered an "independent
25 agency" for the purposes of all of the following:
26 (i) Act of October 15, 1980 (P.L.950, No.164), known
27 as the Commonwealth Attorneys Act.
28 (ii) The provisions of 62 Pa.C.S. Pt. I (relating to
29 Commonwealth Procurement Code).
30 (3) The board shall be considered an "agency" for the
20040S1209B1885 - 7 -
1 purposes of all of the following:
2 (i) Act of July 31, 1968 (P.L.769, No.240), referred
3 to as the Commonwealth Documents Law.
4 (ii) Act of June 25, 1982 (P.L.633, No.181), known
5 as the Regulatory Review Act.
6 § 1201.2. Review of deeds, leases and contracts.
7 (a) Timing.--Review of a deed, lease or contract of the
8 board by the Attorney General under the act of October 15, 1980
9 (P.L.950, No.164), known as the Commonwealth Attorneys Act, must
10 be completed within 30 days of delivery of the deed, lease or
11 contract by the board to the Attorney General.
12 (b) Limitation.--An issue not raised by the Attorney General
13 during the review period required by subsection (a) is deemed
14 waived.
15 Section 4. Sections 1202 heading and (a), 1203, 1206(a), (d)
16 and (f) and 1317 of Title 4, added July 5, 2004 (P.L.572,
17 No.71), are amended to read:
18 § 1202. [General and specific powers] Powers and duties.
19 (a) General powers.--The board shall have general
20 jurisdiction over all gaming activities or related activities as
21 described in this part. The board shall be responsible to ensure
22 the integrity of the acquisition and operation of slot machines
23 and associated equipment and shall have jurisdiction over every
24 aspect of the authorization and operation of slot machines. The
25 board shall employ an executive director, chief counsel,
26 deputies, secretaries, officers, hearing officers and agents as
27 it may deem necessary, who shall serve at the board's pleasure.
28 The board shall also employ other employees as it deems
29 appropriate whose duties shall be determined by the board. The
30 board shall establish and publish in the Pennsylvania Bulletin
20040S1209B1885 - 8 -
1 and on its Internet website a classification of its employees.
2 The classification shall include the scope of the background
3 investigations required by section 1201(h)(13) (relating to
4 Pennsylvania Gaming Control Board) for each class of employees
5 and contract employees of the board. In order to ensure the
6 ability of the board to recruit and retain individuals necessary
7 to execute its responsibilities under this part, the board shall
8 set the classification and compensation of its employees and
9 shall not be subject to the provisions of the act of April 9,
10 1929 (P.L.177, No.175), known as The Administrative Code of
11 1929, as to classification and compensation for its employees
12 and conduct its activities consistent with the practices and
13 procedures of Commonwealth agencies. [For the purposes of the
14 act of October 15, 1980 (P.L.950, No.164), known as the
15 Commonwealth Attorneys Act, the board shall not be considered an
16 executive or independent agency.] The board shall have such
17 other powers and authority necessary to carry out its duties and
18 the objectives of this part.
19 * * *
20 § 1203. Temporary regulations.
21 (a) Promulgation.--[Notwithstanding any other provision of
22 law to the contrary and in] In order to facilitate the prompt
23 implementation of this part, [regulations promulgated by the
24 board during the two years following the effective date of this
25 part shall be deemed temporary regulations which shall expire no
26 later than three years following the effective date of this part
27 or upon promulgation of regulations as generally provided by
28 law. The temporary regulations shall not be] the board may
29 promulgate regulations not subject to:
30 (1) Sections 201 [through 205], 202 and 203 of the act
20040S1209B1885 - 9 -
1 of July 31, 1968 (P.L.769, No.240), referred to as the
2 Commonwealth Documents Law.
3 (2) The act of June 25, 1982 (P.L.633, No.181), known as
4 the Regulatory Review Act.
5 (b) Expiration.--[The authority provided to the board to
6 adopt temporary regulations in] Regulations promulgated in
7 accordance with subsection (a) shall expire [two] three years
8 from the effective date of this section. [Regulations adopted
9 after the two-year period shall be promulgated as provided by
10 law.]
11 § 1206. Board minutes and records.
12 [(a) Open proceedings and records.--The proceedings of the
13 board shall be conducted in accordance with the provisions of 65
14 Pa.C.S. Ch. 7 (relating to open meetings). The board shall be an
15 agency for purposes of the act of June 21, 1957 (P.L.390,
16 No.212), referred to as the Right-to-Know Law. Notwithstanding
17 any provision of law to the contrary, confidential documents
18 relative to personal background information provided to the
19 board pursuant to this part and any closed deliberations of the
20 board, including disciplinary proceedings, shall be confidential
21 and considered in closed executive session pursuant to
22 subsection (f).]
23 * * *
24 (d) Applicant information.--
25 (1) The board shall [keep and] maintain a list of [all]
26 applicants for licenses and [permits under this part together
27 with] permits. The list shall include a record of all actions
28 taken with respect to [the applicants, which file and record]
29 each applicant. The list shall be open to public inspection
30 during normal business hours of the board.
20040S1209B1885 - 10 -
1 (2) Information under paragraph (1) regarding any
2 applicant whose license or permit has been denied, revoked or
3 not renewed shall be removed from such list after seven years
4 from the date of the action.
5 * * *
6 (f) Confidentiality of information.--[All information
7 contained in the application process pursuant to section 1310(a)
8 (relating to slot machine license application character
9 requirements) and the report of an applicant's] An applicant's
10 architecture and engineering plans, security and surveillance
11 systems and background investigation furnished to or obtained by
12 the board or the bureau from any source shall be considered
13 confidential. [and shall be withheld from public disclosure in
14 whole or in part, except that any information shall be released
15 upon the lawful order of a court of competent jurisdiction or,
16 with the approval of the Attorney General, to a duly authorized
17 law enforcement agency or shall be released to the public, in
18 whole or in part, to the extent that such release is requested
19 by an applicant and does not otherwise contain confidential
20 information about another person. The board may not require any
21 applicant to waive any confidentiality provided for in this
22 subsection as a condition for the approval of a license or any
23 other action of the board. Any person who violates this
24 subsection shall be administratively disciplined by discharge,
25 suspension or other formal disciplinary action as the board
26 deems appropriate.]
27 * * *
28 § 1317. Supplier [and manufacturer] licenses [application].
29 (a) Application.--[Any] A person seeking to provide slot
30 machines or associated equipment to a slot machine licensee
20040S1209B1885 - 11 -
1 within this Commonwealth [or to manufacture slot machines for
2 use in this Commonwealth] shall apply to the board for [either]
3 a supplier [or manufacturer] license. [No person, its affiliate,
4 intermediary, subsidiary or holding company who has applied for
5 or is a holder of a manufacturer or slot machine license shall
6 be eligible to apply for or hold a supplier license. A supplier
7 licensee shall establish a principle place of business in this
8 Commonwealth within one year of issuance of its supplier license
9 and maintain such during the period in which the license is
10 held. No slot machine licensee shall enter into any sale, lease,
11 contract or any other type of agreement providing slot machines,
12 progressive slot machines, parts or associated equipment for use
13 or play with any person other than a supplier licensed pursuant
14 to this section. Slot monitoring systems, casino management
15 systems, player tracking systems and wide-area progressive
16 systems are excluded from any requirements that they be provided
17 through a licensed supplier as set forth in this part.]
18 (b) Requirements.--[The application for a supplier or
19 manufacturer license shall include, at a minimum:] The
20 application for a supplier license shall be on the form required
21 by the board, accompanied by the application fee and shall
22 include all of the following:
23 (1) The name and business address of the applicant, <--
24 the[,] AND THE APPLICANT'S AFFILIATES, INTERMEDIARIES, <--
25 SUBSIDIARIES AND HOLDING COMPANIES; THE directors and owners
26 of [the applicant] EACH BUSINESS; and a list of employees and <--
27 their positions within [the] EACH business, as well as any <--
28 financial information required by the board.
29 (1.1) A statement that the applicant or an affiliate,
30 intermediary, subsidiary or holding company of the applicant
20040S1209B1885 - 12 -
1 is not a slot machine licensee.
2 (2) The consent to a background investigation of the
3 applicant, its officers, directors, owners, key employees or
4 other persons required by the board and a release to obtain
5 any and all information necessary for the completion of the
6 background investigation.
7 (3) The details of any equivalent license granted or
8 denied by other jurisdictions where gaming activities as
9 authorized by this part are permitted and consent for the
10 board to acquire copies of applications submitted or licenses
11 issued in connection therewith.
12 (4) The type of goods and services to be supplied [or
13 manufactured] and whether those goods and services will be
14 provided through purchase, lease, contract or otherwise.
15 (5) Any other information determined by the board to be
16 appropriate.
17 (c) Review and approval.--Upon being satisfied that the
18 requirements of subsection (b) have been met, the board may
19 approve the application and grant the applicant a supplier
20 license consistent with all of the following:
21 (1) The license shall be for a period of one year. Upon
22 expiration, a license may be renewed in accordance with
23 subsection (d).
24 (2) The license shall be nontransferable.
25 (3) Any other condition established by the board.
26 (d) Renewal.--Six months prior to expiration of a supplier
27 license, a supplier licensee seeking renewal of its license
28 shall submit a renewal application accompanied by the renewal
29 fee to the board. If the renewal application satisfies the
30 requirements of subsection (b), the board may renew the
20040S1209B1885 - 13 -
1 licensee's supplier license. If the board receives a complete
2 renewal application but fails to act upon the renewal
3 application prior to the expiration of the supplier license, the
4 supplier license shall continue in effect for an additional six-
5 month period or until acted upon by the board, whichever occurs
6 first.
7 (e) Prohibitions.--
8 (1) No person may provide slot machines or associated
9 equipment to a slot machine licensee within this Commonwealth
10 unless the person has been issued a supplier license under
11 this section or a manufacturer license under section 1317.1
12 (relating to manufacturer licenses).
13 (2) No slot machine licensee may acquire, purchase or
14 lease slot machines or associated equipment from a person
15 unless the person has been issued a supplier license under
16 this section or a manufacturer license under section 1317.1.
17 Section 5. Title 4 is amended by adding a section to read:
18 § 1317.1. Manufacturer licenses.
19 (a) Application.--A person seeking to manufacture slot
20 machines for use in this Commonwealth and to provide slot
21 machines or associated equipment to a slot machine licensee
22 within this Commonwealth shall apply to the board for a
23 manufacturer license.
24 (b) Requirements.--The application for a manufacturer
25 license shall be on the form required by the board, accompanied
26 by the application fee and shall include all of the following:
27 (1) The name and business address of the applicant AND <--
28 THE APPLICANT'S AFFILIATES, INTERMEDIARIES, SUBSIDIARIES AND
29 HOLDING COMPANIES; the directors and owners of the applicant <--
30 EACH BUSINESS; and a list of employees and their positions <--
20040S1209B1885 - 14 -
1 within the EACH business, as well as any financial <--
2 information required by the board.
3 (2) A statement that the applicant or an affiliate,
4 intermediary, subsidiary or holding company of the applicant
5 is not a slot machine licensee.
6 (3) The consent to a background investigation of the
7 applicant, its officers, directors, owners, key employees or
8 other persons required by the board and a release to obtain
9 any and all information necessary for the completion of the
10 background investigation.
11 (4) The details of any equivalent license granted or
12 denied by other jurisdictions where gaming activities as
13 authorized by this part are permitted and consent for the
14 board to acquire copies of applications submitted or licenses
15 issued in connection therewith.
16 (5) The type of slot machines or associated equipment to
17 be manufactured and supplied and whether those slot machines
18 or associated equipment will be provided through purchase,
19 lease, contract or otherwise.
20 (6) Any other information determined by the board to be
21 appropriate.
22 (c) Review and approval.--Upon being satisfied that the
23 requirements of subsection (b) have been met, the board may
24 approve the application and grant the applicant a manufacturer
25 license consistent with all of the following:
26 (1) The license shall be for a period of one year. Upon
27 expiration, a license may be renewed in accordance with
28 subsection (d).
29 (2) The license shall be nontransferable.
30 (3) Any other condition established by the board.
20040S1209B1885 - 15 -
1 (d) Renewal.--Six months prior to expiration of a
2 manufacturer license, a manufacturer licensee seeking renewal of
3 its license shall submit a renewal application accompanied by
4 the renewal fee to the board. If the renewal application
5 satisfies the requirements of subsection (b), the board may
6 renew the licensee's manufacturer license. If the board receives
7 a complete renewal application but fails to act upon the renewal
8 application prior to the expiration of the manufacturer license,
9 the manufacturer license shall continue in effect for an
10 additional six-month period or until acted upon by the board,
11 whichever occurs first.
12 (e) Prohibitions.--
13 (1) No person may manufacture and provide slot machines
14 or associated equipment to a slot machine licensee within
15 this Commonwealth unless the person has been issued a
16 manufacturer license under this section.
17 (2) No slot machine licensee may acquire, purchase or
18 lease slot machines or associated equipment to a slot machine
19 licensee within this Commonwealth unless the person has been
20 issued a manufacturer license under this section or a
21 supplier license under section 1317 (relating to supplier
22 licenses).
23 Section 6. Sections 1318, 1506 and 1512 of Title 4, added
24 July 5, 2004 (P.L.572, No.71), are amended to read:
25 § 1318. Occupation [permit application] permits.
26 (a) Application.--[Any] A person [ANY PERSON] AN INDIVIDUAL <--
27 who desires to be a gaming employee and has a bona fide offer of
28 employment from a licensed gaming entity shall apply to the
29 board for an occupation permit. [A person may not be employed as
30 a gaming employee unless and until that person holds an
20040S1209B1885 - 16 -
1 appropriate occupation permit issued under this section. The
2 board may promulgate regulations to reclassify a category of
3 nongaming employees or gaming employees upon a finding that the
4 reclassification is in the public interest and consistent with
5 the objectives of this part.]
6 (b) Requirements.--[The application for an occupation permit
7 shall include, at a minimum:] The application for an occupation
8 permit shall be on the form required by the board, accompanied
9 by the application fee and shall include all of the following:
10 (1) The name and home address of the [person] <--
11 INDIVIDUAL. <--
12 (2) The previous employment history of the [person] <--
13 INDIVIDUAL. <--
14 (3) The criminal history record of the [person] <--
15 INDIVIDUAL, as well as the [person's] INDIVIDUAL'S consent <--
16 for the Pennsylvania State Police to conduct a background
17 investigation.
18 (4) A photograph and handwriting exemplar of the
19 [person] INDIVIDUAL. <--
20 (5) Evidence of the offer of employment and the nature
21 and scope of the proposed duties of the [person] INDIVIDUAL, <--
22 if known.
23 (6) The details of any occupation permit or similar
24 license granted or denied to the PERMIT applicant in other <--
25 jurisdictions where gaming activities as authorized by this
26 part are permitted and consent for the board to obtain copies
27 of applications submitted or permits or licenses issued in
28 connection therewith.
29 (7) Any other information determined by the board to be
30 appropriate.
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1 [(c) Prohibition.--No slot machine licensee may employ or
2 permit any person under 18 years of age to render any service
3 whatsoever in any area of its licensed facility at which slot
4 machines are physically located.]
5 (c.1) Review and approval.--Upon being satisfied that the
6 requirements of subsection (b) have been met, the board may
7 approve the application and grant the PERMIT applicant an <--
8 occupation permit consistent with all of the following:
9 (1) The occupation permit shall be for a period of one
10 year. Upon expiration, an occupation permit may be renewed in
11 accordance with subsection (d).
12 (2) The occupation permit shall be nontransferable.
13 (3) Any other condition established by the board.
14 (d) Renewal.--Six months prior to expiration of an
15 occupation permit, an individual holding an occupation permit
16 and seeking renewal of the occupation permit shall submit a
17 renewal application accompanied by the renewal fee to the board.
18 If the renewal application satisfies the requirements of
19 subsection (b), the board may renew the occupation permit. If
20 the board receives a complete renewal application but fails to
21 act upon the renewal application prior to the expiration of the
22 occupation permit, the occupation permit shall continue in
23 effect for an additional six-month period or until acted upon by
24 the board, whichever occurs first.
25 (e) Prohibitions.--
26 (1) No slot machine licensee may employ or permit any
27 person under 18 years of age to render any service in any
28 area of its licensed facility at which slot machines are
29 physically located.
30 (2) No slot machine licensee may employ an individual as
20040S1209B1885 - 18 -
1 a gaming employee unless the individual has been issued an
2 occupation permit under this section.
3 § 1506. [Local land use preemption] Preemption.
4 [The conduct of gaming as permitted under this part,
5 including the physical location of any licensed facility,] (a)
6 Regulation.--Gaming authorized by this part shall not be
7 prohibited or, except as provided in subsection (b), otherwise
8 regulated by any ordinance, home rule charter provision,
9 resolution, rule or regulation of any [political subdivision or
10 any local or State instrumentality or authority that relates to
11 zoning or land use to the extent that the licensed facility has
12 been approved by the board.] municipality.
13 (b) Land use.--
14 (1) Except as provided in paragraphs (2) and (3), any
15 zoning and land use ordinances, home rule charter provisions,
16 resolutions, rules or regulations of any municipality shall
17 not apply to property upon which a licensed facility or
18 licensed racetrack is or will be located. The board may [in
19 its discretion consider such] consider local zoning
20 ordinances when considering an application for a slot machine
21 license. The board shall provide the political subdivision,
22 within which an applicant for a slot machine license has
23 proposed to locate a licensed [gaming] facility, a 60-day
24 comment period prior to the board's final approval, condition
25 or denial of approval of its application for a slot machine
26 license. The political subdivision may make recommendations
27 to the board for improvements to the applicant's proposed
28 site plans that take into account the impact on the local
29 community.[, including, but not limited to, land use and
30 transportation impact. This section shall also apply to any
20040S1209B1885 - 19 -
1 proposed racetrack or licensed racetrack.]
2 (2) Plans and ordinances adopted by a municipality in
3 accordance with the act of July 31, 1968 (P.L.805, No.247),
4 known as the Pennsylvania Municipalities Planning Code, shall
5 apply to property upon which a licensed facility or licensed
6 racetrack is or will be located.
7 (3) An ordinance, home rule charter provision,
8 resolution, rule or regulation which relates to zoning or
9 land use adopted by a city of the second class shall apply to
10 property upon which a licensed facility or licensed racetrack
11 is or will be located.
12 § 1512. [Public official financial interest] Financial
13 interests and complimentary services and discounts.
14 [(a) General rule.--Except as may be provided by rule or
15 order of the Pennsylvania Supreme Court, no executive-level
16 State employee, public official, party officer or immediate
17 family member thereof shall have, at or following the effective
18 date of this part, a financial interest in or be employed,
19 directly or indirectly, by any licensed racing entity or
20 licensed gaming entity, or any holding, affiliate, intermediary
21 or subsidiary company, thereof, or any such applicant, nor
22 solicit or accept, directly or indirectly, any complimentary
23 service or discount from any licensed racing entity or licensed
24 gaming entity which he or she knows or has reason to know is
25 other than a service or discount that is offered to members of
26 the general public in like circumstances during his or her
27 status as an executive-level State employee, public official or
28 party officer and for one year following termination of the
29 person's status as an executive-level State employee, public
30 official or party officer.]
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1 (a) Financial interests.--An executive-level State employee,
2 public official or party officer, or an immediate family member
3 thereof, shall not do any of the following:
4 (1) Hold, whether directly or indirectly, a financial
5 interest in any slot machine licensee, manufacturer licensee,
6 supplier licensee, licensed racing entity or in any holding,
7 affiliate, intermediary or subsidiary company thereof while
8 the individual is an executive-level State employee, public
9 official or party officer and for one year following
10 termination of the individual's status as an executive-level
11 State employee, public official or party officer.
12 (2) Hold, whether directly or indirectly, a financial
13 interest in any applicant for a slot machine license,
14 manufacturer license, supplier license or racetrack or in any
15 holding, affiliate, intermediary or subsidiary company of the
16 applicant while the individual is an executive-level State
17 employee, public official or party officer and for one year
18 following termination of the individual's status as an
19 executive-level State employee, public official or party
20 officer.
21 (a.1) Employment.--
22 (1) An executive-level State employee, public official
23 or party officer shall not be employed, whether directly or
24 indirectly, by any slot machine licensee, manufacturer
25 licensee, supplier licensee, licensed racing entity or
26 racetrack, or an applicant therefor, or by any holding,
27 affiliate, intermediary or subsidiary company thereof, while
28 the individual is an executive-level State employee, public
29 official or party officer and for one year following
30 termination of the individual's status as an executive-level
20040S1209B1885 - 21 -
1 State employee, public official or party officer.
2 (2) An immediate family member of an executive-level
3 State employee, public official or party officer shall not be
4 employed to provide services for any slot machine licensee,
5 manufacturer licensee, supplier licensee, licensed racing
6 entity or racetrack, or an applicant therefor, or by any
7 holding, affiliate, intermediary or subsidiary company
8 thereof, while the executive-level State employee, public
9 official or party officer of the immediate family member is
10 an executive-level State employee, public official or party
11 officer.
12 (a.2) Complimentary services and discounts.--No executive-
13 level State employee, public official or party officer, or an
14 immediate family member thereof, shall solicit or accept,
15 whether directly or indirectly, any complimentary service or
16 discount from any slot machine licensee, manufacturer licensee,
17 supplier licensee or, licensed racing entity OR FROM AN <--
18 AFFILIATE, INTERMEDIARY, SUBSIDIARY OR HOLDING COMPANY THEREOF
19 which the executive-level State employee, public official or
20 party officer, or an immediate family member thereof, knows or
21 has reason to know is other than a service or discount that is
22 offered to members of the general public in like circumstances
23 while the individual is an executive-level State employee,
24 public official or party officer.
25 (a.3) Grading.--An individual who violates this section
26 commits a misdemeanor and shall, upon conviction, be sentenced
27 to pay a fine of not more than $1,000 or to imprisonment for not
28 more than one year, or both.
29 (a.4) Divestiture.--An executive-level State employee,
30 public official or party officer, or an immediate family member
20040S1209B1885 - 22 -
1 thereof, who holds a financial interest prohibited by this
2 section shall divest the financial interest within three months
3 of the effectuation of the restrictions set forth in subsection
4 (a), as applicable.
5 (a.5) List of applicants.--The board shall publish monthly
6 in the Pennsylvania Bulletin and on its Internet website a list
7 of applicants for slot machine licenses, supplier licenses and, <--
8 manufacturer licenses AND OF THE AFFILIATES, INTERMEDIARIES, <--
9 SUBSIDIARIES AND HOLDING COMPANIES OF THE APPLICANTS.
10 (b) Definitions.--As used in this section, the following
11 words and phrases shall have the meanings given to them in this
12 subsection:
13 "Executive-level State employee." The Governor, Lieutenant
14 Governor, cabinet members, deputy secretaries, the Governor's
15 office executive staff, any State employee with discretionary
16 powers which may affect the outcome of a State agency's decision
17 in relation to a private corporation or business, with respect
18 to any matter covered by this part or any executive employee who
19 by virtue of his job function could influence the outcome of
20 such a decision.
21 "Financial interest." Owning or holding OR BEING DEEMED TO <--
22 HOLD DEBT OR EQUITY securities [exceeding 1% of the equity or
23 fair market value of the] of, OR OTHER OWNERSHIP INTEREST OR <--
24 PROFITS INTEREST IN, a licensed racing entity, manufacturer
25 licensee, supplier licensee or licensed gaming entity, its
26 holding company, affiliate, intermediary or subsidiary business
27 or an applicant for such a license. A financial interest shall
28 not include any [such stock that is held in a blind trust over
29 which the executive-level State employee, public official, party
30 officer or immediate family member thereof may not exercise any
20040S1209B1885 - 23 -
1 managerial control or receive income during the tenure of office
2 and the period under subsection (a).] of the following:
3 (1) A stock that is held in a blind trust over which the
4 executive-level State employee, public official or party
5 officer, or an immediate family member thereof, may not
6 exercise managerial control or receive income during the
7 tenure of office and the period under subsection (a).
8 (2) An interest held through a defined benefit pension
9 plan OR A DEFINED CONTRIBUTION BENEFIT PENSION PLAN. <--
10 (3) An interest held through a tuition account plan
11 organized and operated pursuant to section 529 of the
12 Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. §
13 1 et seq.).
14 (4) An interest held in a mutual fund where the interest
15 owned by the individual fund in the licensed gaming entity <--
16 does not amount to control of the licensed gaming entity as <--
17 defined by the Investment Company Act of 1940 54 Stat. 789,
18 15 U.S.C. § 80a-1 et seq.).
19 "Immediate family." A parent, spouse, minor or unemancipated
20 child, brother or sister.
21 "Party officer." A member of a national committee; a
22 chairman, vice chairman, secretary, treasurer or counsel of a
23 State committee or member of the executive committee of a State
24 committee; a county chairman, vice chairman, counsel, secretary
25 or treasurer of a county committee; or a city chairman, vice
26 chairman, counsel, secretary or treasurer of a city committee.
27 "Public official." Any person elected by the public or
28 elected or appointed by a governmental body or an appointed
29 official in the executive, legislative or judicial branch of
30 this Commonwealth or any political subdivision thereof, provided
20040S1209B1885 - 24 -
1 that it shall not include members of advisory boards that have
2 no authority to expend public funds other than reimbursement for
3 personal expense or to otherwise exercise the power of the
4 Commonwealth or any political subdivision [or commissioner of
5 any authority or joint-state commission].
6 Section 7. Section 1517(d) of Title 4, added July 5, 2004
7 (P.L.572, No.71), is amended and the section is amended by
8 adding subsections to read:
9 § 1517. Enforcement.
10 * * *
11 (c.1) Powers and duties of Attorney General.--Within the
12 Office of Attorney General, the Attorney General shall establish
13 a gaming division. The division shall investigate and institute
14 criminal proceedings as authorized by subsection (d).
15 (d) Criminal action.--
16 (1) The district attorneys of the several counties shall
17 have authority to investigate and to institute criminal
18 proceedings for [any] a violation of this part.
19 (2) In addition to the authority conferred upon the
20 Attorney General [by] under the act of October 15, 1980
21 (P.L.950, No.164), known as the Commonwealth Attorneys Act,
22 the Attorney General shall have the authority to investigate
23 and, following consultation with the appropriate district
24 attorney, to institute criminal proceedings for [any] a
25 violation of this part. [or any series of such violations
26 involving any county of this Commonwealth and another state.
27 No] A person charged with a violation of this part by the
28 Attorney General shall not have standing to challenge the
29 authority of the Attorney General to investigate or prosecute
30 the case, and, if any such challenge is made, the challenge
20040S1209B1885 - 25 -
1 shall be dismissed and no relief shall be available in the
2 courts of this Commonwealth to the person making the
3 challenge.
4 (d.1) Regulatory action.--Nothing contained in subsection
5 (d) shall be construed to limit the existing regulatory or
6 investigative authority of a department or agency of the
7 Commonwealth whose functions relate to persons or matters
8 falling within the scope of this part.
9 * * *
10 SECTION 7.1. SECTION 1518(A)(2)(II) OF TITLE 4, ADDED JULY <--
11 5, 2004 (P.L.572, NO.71), IS AMENDED TO READ:
12 § 1518. PROHIBITED ACTS; PENALTIES.
13 (A) CRIMINAL OFFENSES.--
14 * * *
15 (2) IT IS UNLAWFUL FOR A PERSON TO WILLFULLY:
16 * * *
17 (II) ATTEMPT IN ANY MANNER TO EVADE OR DEFEAT ANY
18 LICENSE FEE, TAX OR ASSESSMENT IMPOSED UNDER THIS [PARTY]
19 PART.
20 * * *
21 Section 8. Section 911(h)(1) of Title 18 is amended to read:
22 § 911. Corrupt organizations.
23 * * *
24 (h) Definitions.--As used in this section:
25 (1) "Racketeering activity" means all of the following:
26 (i) [any] An act which is indictable under any of
27 the following provisions of this title:
28 Chapter 25 (relating to criminal homicide)
29 Section 2706 (relating to terroristic threats)
30 Chapter 29 (relating to kidnapping)
20040S1209B1885 - 26 -
1 Chapter 33 (relating to arson, etc.)
2 Chapter 37 (relating to robbery)
3 Chapter 39 (relating to theft and related
4 offenses)
5 Section 4108 (relating to commercial bribery and
6 breach of duty to act disinterestedly)
7 Section 4109 (relating to rigging publicly
8 exhibited contest)
9 Section 4117 (relating to insurance fraud)
10 Chapter 47 (relating to bribery and corrupt
11 influence)
12 Chapter 49 (relating to falsification and
13 intimidation)
14 Section 5111 (relating to dealing in proceeds of
15 unlawful activities)
16 Section 5512 through 5514 (relating to gambling)
17 Chapter 59 (relating to public indecency).
18 (ii) [any] An offense indictable under section 13 of
19 the act of April 14, 1972 (P.L.233, No.64), known as The
20 Controlled Substance, Drug, Device and Cosmetic Act
21 (relating to the sale and dispensing of narcotic
22 drugs)[;].
23 (iii) [any] A conspiracy to commit any of the
24 offenses set forth in subparagraphs (i) [and (ii) of this
25 paragraph; or], (ii) or (v).
26 (iv) [the] The collection of any money or other
27 property in full or partial satisfaction of a debt which
28 arose as the result of the lending of money or other
29 property at a rate of interest exceeding 25% per annum or
30 the equivalent rate for a longer or shorter period, where
20040S1209B1885 - 27 -
1 not otherwise authorized by law.
2 (v) An offense indictable under 4 Pa.C.S. Pt. II
3 (relating to gaming).
4 [Any] An act which otherwise would be considered racketeering
5 activity by reason of the application of this paragraph,
6 shall not be excluded from its application solely because the
7 operative acts took place outside the jurisdiction of this
8 Commonwealth, if such acts would have been in violation of
9 the law of the jurisdiction in which they occurred.
10 * * *
11 Section 9. All acts and parts of acts, including 4 Pa.C.S.
12 Pt. II, are repealed insofar as they are inconsistent with this
13 act.
14 Section 10. This act shall take effect immediately.
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