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