PRINTER'S NO. 3472
No. 2389 Session of 2008
INTRODUCED BY MARSICO, VEREB, BAKER, BARRAR, BEYER, BOYD,
CAUSER, CIVERA, CLYMER, CREIGHTON, EVERETT, FAIRCHILD,
FREEMAN, GABIG, GEIST, GINGRICH, HENNESSEY, HESS, KAUFFMAN,
MAJOR, MOUL, MOYER, MURT, O'NEILL, PETRONE, PHILLIPS,
REICHLEY, SAYLOR, SONNEY, STERN, R. STEVENSON, SWANGER,
THOMAS, TURZAI, VULAKOVICH, WATSON AND YOUNGBLOOD,
MARCH 24, 2008
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, MARCH 24, 2008
AN ACT
1 Transferring certain powers and duties to the Gaming Enforcement
2 Office; and making related repeals.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Commonwealth
7 Law Enforcement Gaming Regulation Act.
8 Section 2. Gaming Enforcement Office.
9 (a) Legislative findings.--The General Assembly finds that
10 the transfer of the Bureau of Investigations and Enforcement to
11 the Pennsylvania State Police will serve to provide for an
12 appropriate separation of investigative and enforcement
13 functions from licensing functions. The General Assembly further
14 finds that the transfer of the Bureau of Investigations and
15 Enforcement does not affect the general jurisdiction of the
1 Pennsylvania Gaming Control Board in any way which impairs or
2 otherwise reduces the board's licensing authority.
3 (b) Legislative intent.--It is the intent of the General
4 Assembly to transfer all of the existing functions and duties of
5 the Bureau of Investigations and Enforcement in the Pennsylvania
6 Gaming Control Board, including the Office of Enforcement
7 Counsel, to the Gaming Enforcement Office in the Pennsylvania
8 State Police. It is the further intent of the General Assembly
9 to completely separate, except as provided under this act, the
10 Gaming Enforcement Office in the Pennsylvania State Police from
11 any regulatory or fiscal control by the Pennsylvania Gaming
12 Control Board.
13 (c) Establishment.--
14 (1) The Gaming Enforcement Office is established within
15 the Pennsylvania State Police.
16 (2) The Commissioner of Pennsylvania State Police shall
17 select all of the following:
18 (i) A director of the Gaming Enforcement Office.
19 (ii) A director of the Office of Enforcement Counsel
20 transferred to the Gaming Enforcement Office under this
21 act.
22 (d) Powers and duties.--The Gaming Enforcement Office shall,
23 in addition to the powers and duties vested in the Pennsylvania
24 State Police under 4 Pa.C.S. Pt. II (relating to gaming), have
25 the powers and duties previously vested in the Bureau of
26 Investigations and Enforcement of the Pennsylvania Gaming
27 Control Board under 4 Pa.C.S. Pt. II.
28 (e) Assignment.--The Commissioner of Pennsylvania State
29 Police shall assign members of the Pennsylvania State Police to
30 supervisory and other capacities in the Gaming Enforcement
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1 Office as the commissioner deems necessary. All other personnel
2 of the Gaming Enforcement Office shall be civilians.
3 (f) Complement.--A member of the Pennsylvania State Police
4 assigned to the duties of the Gaming Enforcement Office shall
5 not be counted toward the complement as defined in the act of
6 December 13, 2001 (P.L.903, No.100), entitled "An act repealing
7 in part a limitation on the complement of the Pennsylvania State
8 Police."
9 Section 3. Transfer provisions.
10 (a) General rule.--The following are transferred to the
11 Gaming Enforcement Office:
12 (1) All of the powers, duties and authority previously
13 vested in the Bureau of Investigations and Enforcement of the
14 Pennsylvania Gaming Control Board under 4 Pa.C.S. Pt. II
15 (relating to gaming).
16 (2) All personnel, allocations, appropriations,
17 equipment, files, records, contracts, agreements, obligations
18 and other materials which are used, employed or expended by
19 the Pennsylvania Gaming Control Board in connection with the
20 functions transferred under this act to the Gaming
21 Enforcement Office as if these contracts, agreements and
22 obligations had been incurred or entered into by the Gaming
23 Enforcement Office.
24 (b) Apportionment.--The personnel, appropriations, equipment
25 and other items and material transferred under this section
26 shall include an appropriate portion of the general
27 administrative, overhead and supporting personnel,
28 appropriations, equipment and other material of the Pennsylvania
29 Gaming Control Board.
30 Section 4. Law enforcement reimbursement.
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1 (a) Expenses.--Expenses of and related to the Gaming
2 Enforcement Office shall be considered reimbursable expenses
3 under 4 Pa.C.S. Pt. II (relating to gaming).
4 (b) Budget procedure.--The Gaming Enforcement Office shall
5 prepare and annually submit an itemized budget in accordance
6 with 4 Pa.C.S. § 1402.1 (relating to itemized budget reporting).
7 Section 5. Existing office.
8 Any gaming enforcement office or unit existing within the
9 Pennsylvania State Police on the effective date of this section
10 shall be absorbed by the Gaming Enforcement Office established
11 under section 2(c)(1).
12 Section 6. Repeals.
13 (a) Intent.--The General Assembly declares that the repeals
14 under subsection (b) are necessary to effectuate this act.
15 (b) Provisions.--The following acts and parts of acts are
16 repealed as follows:
17 (1) 4 Pa.C.S. § 1202(b)(25) is repealed.
18 (2) 4 Pa.C.S. §§ 1202(b)(10) and (28), 1402(a)(4) and
19 1805 are repealed insofar as the sections relate to the
20 procedure for reimbursing costs and expenses incurred by the
21 Pennsylvania State Police.
22 (3) 4 Pa.C.S. Pt. II is repealed insofar as it relates
23 to the powers and duties of the Bureau of Investigations and
24 Enforcement of the Pennsylvania Gaming Control Board.
25 (4) 4 Pa.C.S. Pt. II is repealed insofar as it relates
26 to the authority and oversight of the Bureau of
27 Investigations and Enforcement by the Pennsylvania Gaming
28 Control Board.
29 Section 20. Effective date.
30 This act shall take effect in 60 days.
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