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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY EARLL, MELLOW, FONTANA, WOZNIAK, M. WHITE, KITCHEN, VANCE, WARD, TOMLINSON, TARTAGLIONE, ERICKSON, MUSTO, WASHINGTON, PIPPY, YAW, DINNIMAN, KASUNIC, LEACH AND FARNESE, JUNE 22, 2009 |
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| REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT, JUNE 22, 2009 |
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| AN ACT |
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1 | Amending Title 4 (Amusements) of the Pennsylvania Consolidated |
2 | Statutes, further providing for legislative intent and for |
3 | the definitions of "conviction," "licensed entity" and "slot |
4 | machine licensee"; providing for the definitions of |
5 | "executive-level public employee," "licensed entity |
6 | representative" and "trustee"; further providing for the |
7 | Pennsylvania Gaming Control Board, for powers of the board |
8 | and for code of conduct; providing for expenses of |
9 | Pennsylvania Gaming Control Board; further providing for |
10 | license or permit application hearing process and public |
11 | hearings, for board minutes and records, for regulatory |
12 | authority of board, for collection of fees and fines, for |
13 | slot machine license fee, for reports of board, for license |
14 | or permit prohibition, for slot machine license application |
15 | character requirements, for applications for license or |
16 | permit, for supplier licenses, for manufacturer licenses, for |
17 | additional licenses and permits and approval of agreements, |
18 | for license renewals, for change in ownership or control of |
19 | slot machine licensees and for nonportability of slot machine |
20 | license; providing for appointment of trustee; further |
21 | providing for Pennsylvania Gaming Economic Development and |
22 | Tourism Fund, for transfers from State Gaming Fund and for |
23 | financial and employment interests; providing for |
24 | prosecutorial and adjudicative functions; and further |
25 | providing for investigations and enforcement and for conduct |
26 | of public officials and employees. |
27 | The General Assembly of the Commonwealth of Pennsylvania |
28 | hereby enacts as follows: |
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1 | Section 1. Section 1102(11) of Title 4 of the Pennsylvania |
2 | Consolidated Statutes is amended and the section is amended by |
3 | adding paragraphs to read: |
4 | § 1102. Legislative intent. |
5 | The General Assembly recognizes the following public policy |
6 | purposes and declares that the following objectives of the |
7 | Commonwealth are to be served by this part: |
8 | * * * |
9 | (10.1) The General Assembly has a compelling interest in |
10 | protecting the integrity of both the electoral process and |
11 | the legislative process by preventing corruption and the |
12 | appearance of corruption which may arise through permitting |
13 | campaign contributions by the gaming industry. |
14 | (11) It is necessary to maintain the integrity of the |
15 | regulatory control and legislative oversight over the |
16 | operation of slot machines in this Commonwealth; to prevent |
17 | the actual or appearance of corruption that may result from |
18 | [large] campaign contributions; ensure the bipartisan |
19 | administration of this part; and avoid actions that may erode |
20 | public confidence in the system of representative government. |
21 | (11.1) Completely banning political contributions by |
22 | certain individuals and entities subject to this act is |
23 | necessary to prevent corruption, or the appearance of |
24 | corruption, that may arise when politics and gaming are |
25 | intermingled. |
26 | Section 2. The definitions of "conviction," licensed entity" |
27 | and "slot machine licensee" in section 1103 of Title 4 are |
28 | amended and the section is amended by adding definitions to |
29 | read: |
30 | § 1103. Definitions. |
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1 | The following words and phrases when used in this part shall |
2 | have the meanings given to them in this section unless the |
3 | context clearly indicates otherwise: |
4 | * * * |
5 | "Conviction." A finding of guilt or a plea of guilty or nolo |
6 | contendere, whether or not a judgment of sentence has been |
7 | imposed as determined by the law of the jurisdiction in which |
8 | the prosecution was held. The term does not include a conviction |
9 | that has been expunged or overturned or for which an individual |
10 | has been pardoned or an order of Accelerated Rehabilitative |
11 | Disposition which has been issued. |
12 | * * * |
13 | "Executive-level public employee." The term shall include |
14 | the following: |
15 | (1) Deputy Secretaries of the Commonwealth and the |
16 | Governor's Office executive staff. |
17 | (2) An employee of the executive branch with |
18 | discretionary power which may affect or influence the outcome |
19 | of a State agency's action or decision and who is involved in |
20 | the development of regulations or policies relating to a |
21 | licensed entity or who is involved in other matters under |
22 | this part. The term shall include an employee with law |
23 | enforcement authority. |
24 | (3) An employee of a county or municipality with |
25 | discretionary powers which may affect or influence the |
26 | outcome of the county's or municipality's action or decision |
27 | and who is involved in the development of law, regulation or |
28 | policy relating to a licensed entity or who is involved in |
29 | other matters under this part. The term shall include an |
30 | employee with law enforcement authority. |
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1 | (4) An employee of a department, agency, board, |
2 | commission, authority or other governmental body not included |
3 | in paragraph (1), (2) or (3) with discretionary power which |
4 | may affect or influence the outcome of the governmental |
5 | body's action or decision and who is involved in the |
6 | development of regulation or policy relating to a licensed |
7 | entity or who is involved in other matters under this part. |
8 | The term shall include an employee with law enforcement |
9 | authority. |
10 | * * * |
11 | "Licensed entity[.]" or "licensee." Any slot machine |
12 | licensee, manufacturer licensee, supplier licensee or other |
13 | person licensed by the Pennsylvania Gaming Control Board under |
14 | this part. |
15 | "Licensed entity representative." A person acting on behalf |
16 | of or representing the interest of any applicant, licensee, |
17 | permittee or registrant, including an attorney, agent or |
18 | lobbyist, regarding any matter which may reasonably be expected |
19 | to come before the board. |
20 | * * * |
21 | ["Slot machine licensee." A person that holds a slot machine |
22 | license.] |
23 | * * * |
24 | "Trustee." A fiduciary appointed by the Pennsylvania Gaming |
25 | Control Board to preserve the viability of a licensed facility |
26 | and the integrity of gaming in this Commonwealth. |
27 | * * * |
28 | Section 3. Section 1201(b), (b.1), (f)(3), (h)(5), (7.1), |
29 | (10), (11), (13), (14) and (15) and (k) of Title 4 are amended, |
30 | subsection (h) is amended by adding paragraphs and the section |
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1 | is amended by adding a subsection to read: |
2 | § 1201. Pennsylvania Gaming Control Board established. |
3 | * * * |
4 | (b) Membership.-- |
5 | (1) The board shall consist of the following members: |
6 | [(1)] (i) Three members appointed by the Governor. |
7 | [(2)] (ii) One member appointed by each of the |
8 | following: |
9 | [(i)] (A) The President pro tempore of the |
10 | Senate. |
11 | [(ii)] (B) The Minority Leader of the Senate. |
12 | [(iii)] (C) The Speaker of the House of |
13 | Representatives. |
14 | [(iv)] (D) The Minority Leader of the House of |
15 | Representatives. |
16 | (2) The chairman of the Community, Economic and |
17 | Recreational Development Committee of the Senate may hold a |
18 | public hearing on an appointee under paragraph (1). |
19 | (b.1) Removal.--A member of the board shall serve at the |
20 | pleasure of the appointing authority and shall be removed from |
21 | office by the appointing authority: |
22 | (1) for misconduct in office, willful neglect of duty or |
23 | conduct evidencing unfitness for office or incompetence; or |
24 | (2) upon conviction of an offense graded as a felony, an |
25 | infamous crime, an offense under this part or an equivalent |
26 | offense under Federal law or the law of another jurisdiction. |
27 | * * * |
28 | (f) Qualified majority vote.-- |
29 | * * * |
30 | (3) Notwithstanding any other provision of this part or |
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1 | 65 Pa.C.S. § 1103(j) (relating to restricted activities), a |
2 | member shall disclose the nature of his disqualifying |
3 | interest, disqualify himself and abstain from voting in a |
4 | proceeding under this part in which his objectivity, |
5 | impartiality, integrity or independence of judgment may be |
6 | reasonably questioned, as provided in subsection (h)(6) or |
7 | section 1202.1(c)(3) (relating to code of conduct). If a |
8 | legislative appointee has disqualified himself, the qualified |
9 | majority shall consist of all of the remaining legislative |
10 | appointees and at least two gubernatorial appointees. |
11 | * * * |
12 | (h) Qualifications and restrictions.-- |
13 | * * * |
14 | (4.1) No member appointed after the effective date of |
15 | this paragraph shall engage in any business, employment or |
16 | vocation for which the member shall receive any remuneration |
17 | except for an individual who is reappointed and who is a |
18 | member of the board on the effective date of this paragraph. |
19 | (5) No member shall be paid or receive any fee or other |
20 | compensation other than salary and expenses provided by law |
21 | for any activity related to the duties or authority of the |
22 | board. [Nothing in this part shall prohibit a member from |
23 | engaging in any employment or receiving any compensation for |
24 | such employment that is not connected to or incompatible with |
25 | his service as a member of the board.] |
26 | * * * |
27 | (7.1) Prior to being sworn as a member, an appointee and |
28 | his immediate family shall divest any financial interest in |
29 | any applicant, licensed facility or licensed entity and in an |
30 | affiliate, intermediary, subsidiary or holding company |
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1 | thereof owned or held by the appointee or known to be held by |
2 | the appointee's immediate family. For the duration of the |
3 | member's term and for [one year] two years thereafter, the |
4 | member and the member's immediate family may not acquire a |
5 | financial interest in any applicant, licensed facility or |
6 | licensed entity or in an affiliate, intermediary, subsidiary |
7 | or holding company thereof. For purposes of this paragraph, |
8 | the term "immediate family" shall mean spouse and any minor |
9 | or unemancipated child. |
10 | * * * |
11 | (10) No former member may appear before the board in any |
12 | hearing or proceeding or participate in any other activity on |
13 | behalf of any applicant, licensed entity, or an affiliate, |
14 | intermediary, subsidiary or holding company thereof, or any |
15 | other licensee or permittee for a period of two years from |
16 | the termination of term of office. |
17 | (11) No member, employee or independent contractor of |
18 | the board shall accept a complimentary service, wager or be |
19 | paid any prize from any wager at any licensed facility within |
20 | this Commonwealth or at any other facility outside this |
21 | Commonwealth which is owned or operated by a licensed gaming |
22 | entity or any of its affiliates, intermediaries, subsidiaries |
23 | or holding companies thereof for the duration of their term |
24 | of office, employment or contract with the board and for a |
25 | period of [one year] two years from the termination of term |
26 | of office, employment or contract with the board. The |
27 | provisions of this paragraph prohibiting wagering during the |
28 | term of employment shall not apply to employees [who] when |
29 | the employees utilize slot machines for testing purposes or |
30 | to verify the performance of a machine as part of an |
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1 | enforcement investigation. |
2 | * * * |
3 | (13) No employee of the board [or individual employed by |
4 | an independent contractor of the board] whose duties |
5 | substantially involve licensing[,] or enforcement [or], the |
6 | development or adoption of laws, regulations or policy or who |
7 | has other discretionary authority which may affect the |
8 | outcome of an action or decision under this part, including |
9 | the executive director, bureau directors and attorneys, shall |
10 | do any of the following: |
11 | (i) [accept] Accept employment with or be retained |
12 | by an applicant or licensed entity, or an affiliate, |
13 | intermediary, subsidiary or holding company thereof, for |
14 | a period of [one year] two years after the termination of |
15 | the employment relating to the conduct of gaming [or |
16 | contract with the board; or]. |
17 | (ii) [appear] Appear before the board in any hearing |
18 | or proceeding or participate in any other activity on |
19 | behalf of any applicant, licensee, permittee or licensed |
20 | entity, or an affiliate, intermediary, subsidiary or |
21 | holding company thereof, for a period of two years after |
22 | termination of the employment [or contract with the |
23 | board]. |
24 | (iii) As a condition of employment, an employee |
25 | under this paragraph shall sign an affidavit that the |
26 | employee will not accept employment with or be retained |
27 | by any applicant, licensed entity or an affiliate, |
28 | intermediary, subsidiary or holding company thereof for a |
29 | period of two years from the termination of employment. |
30 | An applicant or licensed entity or an affiliate, |
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1 | intermediary, subsidiary or holding company thereof shall |
2 | not employ or retain an individual who signed an |
3 | affidavit signed under this subparagraph. An applicant or |
4 | licensed entity or an affiliate, intermediary, subsidiary |
5 | or holding company that knowingly employs or retains an |
6 | individual in violation of this subparagraph shall be |
7 | subject to a penalty under section 1518(c) (relating to |
8 | prohibited acts; penalties). |
9 | (13.1) No independent contractor or individual employed |
10 | by an independent contractor of the board whose duties |
11 | substantially involve consultation relating to licensing, |
12 | enforcement or the development or adoption of regulations or |
13 | policy under this part shall: |
14 | (i) Accept employment with or be retained by an |
15 | applicant or a licensed entity or an affiliate, |
16 | intermediary, subsidiary or holding company thereof for a |
17 | period of one year after the termination of the contract |
18 | with the board. |
19 | (ii) Appear before the board in any hearing or |
20 | proceeding or participate in any other activity on behalf |
21 | of an applicant, licensee, permittee or licensed entity |
22 | or an affiliate, intermediary, subsidiary or holding |
23 | company of an applicant, licensee, permittee or licensed |
24 | entity for a period of two years after termination of the |
25 | contract with the board. |
26 | (iii) As a condition of a contract, an independent |
27 | contractor or individual employed by an independent |
28 | contractor of the board under this paragraph shall sign |
29 | an affidavit to not accept employment with or be retained |
30 | by any applicant, licensed entity or an affiliate, |
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1 | intermediary, subsidiary or holding company of an |
2 | applicant, licensed entity or affiliate for a period of |
3 | one year from the termination of employment. A licensed |
4 | entity or an affiliate, intermediary, subsidiary or |
5 | holding company of an applicant, licensed entity or |
6 | affiliate shall not employ or retain an individual who |
7 | signed an affidavit signed under this subparagraph. A |
8 | licensed entity or an affiliate, intermediary, subsidiary |
9 | or holding company thereof that knowingly employs or |
10 | retains an individual in violation of this subparagraph |
11 | shall be subject to a penalty under section 1518(c). |
12 | (14) Upon the written request of an employee of the |
13 | board, the executive branch of the Commonwealth or a |
14 | political subdivision or of the agency or political |
15 | subdivision employing an employee, the State Ethics |
16 | Commission shall determine whether the individual's duties |
17 | substantially involve the development or adoption of laws, |
18 | regulations or policy, licensing or enforcement under this |
19 | part or other discretionary authority which may affect the |
20 | outcome of an action or decision under this part and shall |
21 | provide a written determination to the employee to include |
22 | any prohibition under this paragraph. An individual who |
23 | relies in good faith on a determination under this paragraph |
24 | shall not be subject to any penalty for an action taken, |
25 | provided that all material facts set forth in the request for |
26 | a determination are correct. |
27 | (15) If a member[, employee or independent contractor] |
28 | of the board violates any provision of this section, the |
29 | appointing authority [or the board may, upon notice and |
30 | hearing,] may remove the person from the board[, withdraw the |
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1 | appointment or]. A member removed under this paragraph shall |
2 | be prohibited from future appointment to the board and shall |
3 | be prohibited from applying for a license or permit, from |
4 | becoming an independent contractor of the board, or |
5 | registering as a licensed entity representative for a period |
6 | of five years from the date of removal from the board. If an |
7 | employee or independent contractor of the board violates any |
8 | provision of this section, the board may, upon notice and |
9 | hearing, terminate the employment or contract, and the person |
10 | shall be ineligible for future [appointment,] employment or |
11 | contract with the board and [for approval of a license or |
12 | permit under this part for a period of two years thereafter] |
13 | shall be prohibited from applying for a license or permit, |
14 | becoming an independent contractor or registering as a |
15 | licensed entity representative for a period of five years |
16 | from the date of termination of the employment or contract. |
17 | * * * |
18 | (k) Appointments.--[The appointing authorities] Following |
19 | the initial appointment of members under subsection (b), the |
20 | appointing authority shall make [their initial] appointments |
21 | within 60 days of [the effective date of this part] a vacancy in |
22 | an office. No appointment shall be final until receipt by the |
23 | appointing authority of the required background investigation of |
24 | the appointee by the Pennsylvania State Police which shall be |
25 | completed within 30 days. No person who has been convicted in |
26 | any domestic or foreign jurisdiction of a felony, infamous crime |
27 | or gaming offense shall be appointed to the board. |
28 | * * * |
29 | (m.1) Budgetary impasse.--If, in the event of a budgetary or |
30 | other fiscal crisis, the Governor implements a system in order |
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1 | to furlough employees or close any Commonwealth agency, the |
2 | board and its employees and all employees of the Department of |
3 | Revenue, the Pennsylvania State Police and the Office of |
4 | Attorney General whose duties involve the regulation and |
5 | oversight of gaming under this part shall not be subject to |
6 | furlough but shall continue to perform their duties. |
7 | * * * |
8 | Section 4. Section 1202(a)(4) and (b)(7), (23) and (30) of |
9 | Title 4 are amended and subsections (a) and (b) are amended by |
10 | adding paragraphs to read: |
11 | § 1202. General and specific powers. |
12 | (a) General powers.-- |
13 | * * * |
14 | [(4) The board shall establish a system of |
15 | classification and compensation of its employees and shall |
16 | not be subject to the provisions of the act of April 9, 1929 |
17 | (P.L.177, No.175), known as The Administrative Code of 1929, |
18 | as to classification and compensation for its employees and |
19 | conduct its activities consistent with the practices and |
20 | procedures of Commonwealth agencies.] |
21 | (4.1) Within 90 days of the effective date of this |
22 | paragraph, the board shall establish a system of |
23 | classification and compensation of its employees and shall be |
24 | subject to the provisions of the act of April 9, 1929 |
25 | (P.L.177, No.175), known as The Administrative Code of 1929, |
26 | as to classification and compensation for its employees and |
27 | conduct its activities consistent with the practices and |
28 | procedures of Commonwealth agencies. The provisions of this |
29 | paragraph shall apply to employees hired after the effective |
30 | date of this paragraph. Nothing in this paragraph shall |
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1 | prevent the board from altering a system, or establishing a |
2 | new system, of classification or compensation for employees |
3 | hired prior to the effective date of this section. |
4 | * * * |
5 | (b) Specific powers.--The board shall have the specific |
6 | power and duty: |
7 | * * * |
8 | (7) To administer oaths, examine witnesses and issue |
9 | subpoenas compelling the attendance of witnesses or the |
10 | production of documents and records or other evidence[. The |
11 | provisions of this paragraph shall apply to designated |
12 | officers and employees.], or to designate officers or |
13 | employees to perform these duties. |
14 | (7.1) To order a person to answer a question or produce |
15 | evidence of any kind. If, in the course of an investigation |
16 | or hearing conducted under this part, a person refuses to |
17 | answer a question or to produce evidence on the grounds that |
18 | the answer or evidence will expose the person to criminal |
19 | prosecution, the board may adopt a resolution recommending a |
20 | grant of immunity that includes the specific question to be |
21 | posed or information or evidence being sought from the person |
22 | as follows: |
23 | (i) The resolution shall be submitted to the |
24 | Attorney General for approval or disapproval within 20 |
25 | days of receipt of the resolution. Upon the written |
26 | approval of the Attorney General, the board may issue an |
27 | order to compel the person to answer or produce evidence |
28 | with immunity. |
29 | (ii) If the person who is the subject of the |
30 | immunity order provides the answer or evidence, the |
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1 | person shall be immune from criminal prosecution based on |
2 | the answer or evidence that was the subject of the |
3 | immunity order. |
4 | (iii) The person may be prosecuted for perjury |
5 | committed in the answer or production of evidence or held |
6 | in contempt for failing to give an answer or produce |
7 | evidence in accordance with the order. The answer or |
8 | evidence shall be admissible only against the person in a |
9 | criminal investigation, or a trial or other proceeding |
10 | for perjury or contempt. |
11 | (iv) Immunity under this paragraph shall not |
12 | preclude the use of any other remedy or sanction |
13 | authorized by law. |
14 | * * * |
15 | (23) The board shall not issue or renew a license or |
16 | permit unless it is satisfied that the applicant has |
17 | demonstrated by clear and convincing evidence that the |
18 | applicant is a person of good character, honesty and |
19 | integrity and is a person whose prior activities, criminal |
20 | record, if any, reputation, habits and associations do not |
21 | pose a threat to the public interest or the effective |
22 | regulation and control of slot machine operations or create |
23 | or enhance the danger of unsuitable, unfair or illegal |
24 | practices, methods and activities in the conduct of slot |
25 | machine operations or the carrying on of the business and |
26 | financial arrangements incidental thereto. |
27 | * * * |
28 | (30) To promulgate rules and regulations necessary for |
29 | the administration and enforcement of this part, including |
30 | regulations in cooperation with the Pennsylvania Liquor |
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1 | Control Board and regulations relating to the sale and |
2 | service of liquor and malt and brewed beverages by licensees. |
3 | [Except as provided in section 1203 (relating to temporary |
4 | regulations), regulations] Regulations shall be adopted |
5 | pursuant to the act of July 31, 1968 (P.L.769, No.240), |
6 | referred to as the Commonwealth Documents Law, and the act of |
7 | June 25, 1982 (P.L.633, No.181), known as the Regulatory |
8 | Review Act. |
9 | (31) To collect and post information on its Internet |
10 | website with sufficient detail to inform the public of the |
11 | controlling interest or ownership interest of an applicant or |
12 | a licensed gaming entity or affiliate, intermediary, |
13 | subsidiary or holding company thereof. The posting shall |
14 | include: |
15 | (i) The names of all persons with a controlling |
16 | interest in a publicly traded domestic or foreign |
17 | corporation, partnership, limited liability company or |
18 | other legal entity. |
19 | (ii) The names of all persons who own a financial |
20 | equity share or interest equal to or greater than 1% of a |
21 | privately held domestic or foreign corporation, |
22 | partnership, limited liability company or other legal |
23 | entity. |
24 | (iii) The name of a trustee entitled to cast the |
25 | vote of a person under subparagraph (i) or (ii). |
26 | (iv) The names of all officers, directors, |
27 | principals and key employees of a licensed gaming entity. |
28 | (32) To appoint a trustee as prescribed in section 1332 |
29 | (relating to appointment of trustee) to act on behalf of the |
30 | Commonwealth and the board to operate a licensed facility and |
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1 | ensure compliance with this part. |
2 | Section 5. Section 1202.1 of Title 4 is amended to read: |
3 | § 1202.1. Code of conduct. |
4 | (a) Scope.--The board shall adopt a comprehensive code of |
5 | conduct prior to the consideration of any license, permit or |
6 | registration application. The code of conduct shall supplement |
7 | all other requirements under this part and 65 Pa.C.S. Pt. II |
8 | (relating to accountability) and shall provide guidelines |
9 | applicable to members, employees, independent contractors of the |
10 | board and the immediate families of the members, as defined in |
11 | subsection (e), employees and independent contractors to enable |
12 | them to avoid any perceived or actual conflict of interest and |
13 | to promote public confidence in the integrity and impartiality |
14 | of the board. At a minimum, the code of conduct adopted under |
15 | this section shall include registration of licensed entity |
16 | representatives under subsection (b) and the restrictions under |
17 | [subsection (c)] subsections (c) and (c.1). |
18 | (b) Registration.-- |
19 | (1) A licensed entity representative shall register with |
20 | the board in a manner prescribed by the board, which shall |
21 | include the name, employer or firm, address, telephone number |
22 | of both the licensed entity representative and the [licensed |
23 | entity] applicant, licensee, permittee or registrant or |
24 | individual being represented. |
25 | (2) A licensed entity representative shall have an |
26 | [ongoing] affirmative duty to update its registration |
27 | information on an ongoing basis. |
28 | (3) The [registration list] board shall maintain a |
29 | registration list which shall contain the information |
30 | required under paragraph (1) and which shall be available for |
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1 | public inspection at the offices of the board and on the |
2 | board's Internet website. |
3 | (c) Restrictions.--A member of the board shall: |
4 | (1) Not engage in any ex parte communication with any |
5 | person. |
6 | (2) Not accept any discount, gift, gratuity, |
7 | compensation, travel, lodging or other thing of value, |
8 | directly or indirectly, from any applicant, [licensee,] |
9 | licensed entity, including any affiliate, subsidiary, |
10 | intermediary or holding company thereof, permittee, |
11 | registrant or licensed entity representative thereof. |
12 | (3) Disclose and [disqualify] recuse himself from any |
13 | hearing or other proceeding in which the member's |
14 | objectivity, impartiality, integrity or independence of |
15 | judgment may be reasonably questioned due to the member's |
16 | relationship or association with a party connected to any |
17 | hearing or proceeding or a person appearing before the board. |
18 | (4) Refrain from any financial or business dealing which |
19 | would tend to reflect adversely on the member's objectivity, |
20 | impartiality or independence of judgment. |
21 | (5) Not hold or campaign for public office, hold an |
22 | office in any political party or political committee as |
23 | defined in section 1513(d)(relating to political influence), |
24 | contribute to or solicit contributions to a political |
25 | campaign, [party,] political party, political committee or |
26 | candidate, publicly endorse a candidate or actively |
27 | participate in a political campaign. |
28 | (6) Not solicit funds for any charitable, educational, |
29 | religious, health, fraternal, civic or other nonprofit entity |
30 | from an applicant, licensed entity or affiliate, subsidiary, |
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1 | intermediary or holding company of a licensed entity, |
2 | interested party, permittee or licensed entity |
3 | representative. [A] Unless prohibited under § 1201(h)(4.1) |
4 | (relating to Pennsylvania Gaming Control Board established), |
5 | a board member may serve as an officer, employee or member of |
6 | the governing body of a nonprofit entity and may attend, make |
7 | personal contributions to and plan or preside over the |
8 | entity's fundraising events. A board member may permit his |
9 | name to appear on the letterhead used for fundraising events |
10 | if the letterhead contains only the board member's name and |
11 | position with the nonprofit entity. |
12 | (7) Not meet or engage in discussions with any |
13 | applicant, [person licensed under this part] licensed entity, |
14 | permittee, [or a] licensed entity representative or person |
15 | who provides goods, property or services to a slot machine |
16 | licensee unless the meeting or discussion occurs on the |
17 | business premises of the board and is recorded in a log |
18 | maintained for this purpose. The log shall be available for |
19 | public inspection during the regular business hours of the |
20 | board and shall be posted on the board's Internet website. |
21 | The log shall include the date and time of the meeting or |
22 | discussion, the names of the participants and the subject |
23 | matter discussed. The provisions of this paragraph shall not |
24 | apply to meetings [of the board] to consider matters |
25 | requiring the physical inspection of the equipment or |
26 | premises of an applicant or a licensed entity at [their] the |
27 | location of the licensed facility. |
28 | (8) Avoid impropriety and the appearance of impropriety |
29 | at all times and observe standards and conduct that promote |
30 | public confidence in the oversight of gaming. |
|
1 | (9) Comply with any other laws, rules or regulations |
2 | relating to the conduct of a member. |
3 | (c.1) Prohibitions.-- |
4 | (1) No member or attorney of the Office of Chief Counsel |
5 | advising the board on a particular licensing issue or |
6 | proceeding or employee whose duties relate to licensing and |
7 | who is advising the board on a particular licensing issue or |
8 | proceeding shall engage in any ex parte communication with |
9 | any person. |
10 | (2) No attorney representing the bureau or the Office of |
11 | Enforcement Counsel or an applicant, licensee or permittee in |
12 | any proceeding shall engage in an ex parte communication with |
13 | a member, an attorney of the Office of Chief Counsel advising |
14 | the board on a proceeding or a hearing officer of the board. |
15 | (3) No employee of the bureau or the Office of |
16 | Enforcement Counsel who is involved in a proceeding shall |
17 | engage in an ex parte communication with a member, an |
18 | attorney of the Office of Chief Counsel who is advising the |
19 | board on the proceeding or a hearing officer of the board. |
20 | (c.2) Procedures relating to ex parte communications.-- |
21 | (1) An ex parte communication received or engaged in by |
22 | a board member, employee or hearing officer shall be recorded |
23 | in a log maintained for this purpose. The log shall be |
24 | available for public inspection during the regular business |
25 | hours of the board and shall be posted on the board's |
26 | Internet website. The individual recording the ex parte |
27 | communication shall include: |
28 | (i) The date and time of the ex parte communication. |
29 | (ii) The name of any other individual involved in |
30 | the ex parte communication. |
|
1 | (iii) The subject matter and substance of the ex |
2 | parte communication. |
3 | (2) In addition to documenting an ex parte communication |
4 | under paragraph (1), notification and an opportunity to |
5 | respond shall be provided to the following: |
6 | (i) A board member or employee shall promptly notify |
7 | the board and all persons directly affected by the |
8 | anticipated vote or action of the board of the substance |
9 | of the communication. |
10 | (ii) A hearing officer shall promptly notify the |
11 | board and all parties to the proceeding before the |
12 | hearing officer of the substance of the communication. |
13 | (3) (i) A board member, employee or hearing officer who |
14 | received or engaged in an ex parte communication shall |
15 | recuse himself from any hearing or other proceeding |
16 | related to the ex parte communication if the context and |
17 | substance of the ex parte communication creates |
18 | substantial reasonable doubt as to the individual's |
19 | ability to act objectively, independently or impartially. |
20 | (ii) A board member, employee or hearing officer who |
21 | elects not to recuse himself based on an ex parte |
22 | communication shall state his reasons for doing so on the |
23 | record prior to the commencement of the hearing or |
24 | proceeding. |
25 | (iii) If a legislative appointee recuses himself |
26 | from any hearing or other proceeding under this section, |
27 | any qualified majority vote required under this part |
28 | shall consist of all of the remaining legislative |
29 | appointees and at least two gubernatorial appointees. |
30 | (iv) Failure of a hearing officer or employee to |
|
1 | recuse himself from a hearing or other proceeding due to |
2 | receipt of an ex parte communication under this section |
3 | shall be grounds for appeal to the board of the failure |
4 | to recuse. |
5 | (v) Failure of a board member to recuse himself from |
6 | a hearing or other proceeding due to receipt of an ex |
7 | parte communication under this section shall be grounds |
8 | for appeal of a decision to a court of competent |
9 | jurisdiction if the board action being appealed would not |
10 | have occurred without the participation of the board |
11 | member who received the ex parte communication. |
12 | (d) Ex officio members.--The restrictions under subsection |
13 | (c)(5) shall not apply to ex officio members. |
14 | (e) Definitions.--As used in this section, the following |
15 | words and phrases shall have the meanings given to them in this |
16 | subsection: |
17 | "Ex parte communication." An off-the-record communication |
18 | engaged in or received by a member [or], employee or hearing |
19 | officer of the board regarding the merits of or any fact in |
20 | issue relating to a pending matter before the board or which may |
21 | reasonably be expected to come before the board in a contested |
22 | on-the-record proceeding. The term shall not include off-the- |
23 | record communications by or between a member [or], employee or |
24 | hearing officer of the board, Department of Revenue, |
25 | Pennsylvania State Police, Attorney General or other law |
26 | enforcement official prior to the beginning of the proceeding |
27 | solely for the purpose of seeking clarification or correction to |
28 | evidentiary materials intended for use in the proceedings. |
29 | "Immediate family." The spouse, parents, children and |
30 | siblings and the spouses of any of those individuals. |
|
1 | ["Licensed entity representative." A person acting on behalf |
2 | of or representing the interest of any applicant, licensee, |
3 | permittee or registrant, including an attorney, agent or |
4 | lobbyist, regarding any matter which may reasonably be expected |
5 | to come before the board.] |
6 | Section 6. Title 4 is amended by adding a section to read: |
7 | § 1202.2. Expenses of the Pennsylvania Gaming Control Board. |
8 | Members and employees of the board shall only be reimbursed |
9 | for actual and reasonable expenses incurred during the |
10 | performance of their duties. In order to receive reimbursement |
11 | for an expense in excess of $10, the member or employee shall |
12 | submit a receipt validating the expense incurred. |
13 | Reimbursements, allowances or other payments in an amount |
14 | greater than the expenses for which receipts are submitted are |
15 | prohibited. Receipts and requests for reimbursement shall be |
16 | financial records for purposes of the act of February 14, 2008 |
17 | (P.L.6, No.3), known as the Right-to-Know Law. |
18 | Section 7. Section 1205(b)(1) and (2) of Title 4 are amended |
19 | and the subsection is amended by adding paragraphs to read: |
20 | § 1205. License or permit application hearing process; public |
21 | input hearings. |
22 | * * * |
23 | (b) Public input hearing requirement.-- |
24 | (1) [Prior to licensing a facility under this part, the |
25 | board shall hold at least one public input hearing on the |
26 | matter.] The board shall hold at least one public input |
27 | hearing prior to: |
28 | (i) Licensing a facility. |
29 | (ii) Approving the structural redesign of a licensed |
30 | facility located in a city of the first class. |
|
1 | (2) All public input hearings [relating to an |
2 | application for a slot machine license] under paragraph (1) |
3 | shall be held in the municipality where the facility will be, |
4 | or is, located and shall be organized in cooperation with the |
5 | municipality. |
6 | * * * |
7 | (4) In addition to any witnesses scheduled to testify |
8 | under paragraph (3), the board shall establish a public |
9 | comment period during which time members of the public may |
10 | address the board regarding the proposed license or |
11 | structural redesign under paragraph (1). The board, in its |
12 | discretion, may place reasonable time limits on an |
13 | individual's comments. |
14 | Section 8. Sections 1206(f), 1207(4), 1208(1)(i) and (ii) |
15 | and 1209(b) of Title 4 are amended to read: |
16 | § 1206. Board minutes and records. |
17 | * * * |
18 | (f) Confidentiality of information.--[All] |
19 | (1) The following information submitted by an applicant |
20 | pursuant to section 1310(a) (relating to slot machine license |
21 | application character requirements) or 1308(a.1) (relating to |
22 | applications for license or permit) or obtained by the board |
23 | or the bureau as part of a background or other investigation |
24 | from any source shall be [considered] confidential[.] and |
25 | withheld from public disclosure: |
26 | (i) All information relating to good character, |
27 | honesty and integrity, including family, habits, |
28 | reputation, history of criminal activity, business |
29 | activities, financial affairs and business, professional |
30 | and personal associations submitted under section 1310(a) |
|
1 | or 1308(a.1) or otherwise obtained by the board or the |
2 | bureau. |
3 | (ii) Nonpublic personal information, including |
4 | telephone numbers, Social Security numbers, educational |
5 | records, memberships, medical records, tax returns and |
6 | declarations, actual or proposed compensation, financial |
7 | account records, creditworthiness or a financial |
8 | condition relating to an applicant, licensee or permittee |
9 | or the immediate family thereof. |
10 | (iii) Documents and information relating to |
11 | proprietary information, trade secrets, patents or |
12 | exclusive licenses, architectural and engineering plans |
13 | and information relating to competitive marketing |
14 | materials and strategies, which may include customer- |
15 | identifying information or customer prospects for |
16 | services subject to competition. |
17 | (iv) Security information, including risk prevention |
18 | plans, detection and countermeasures, emergency |
19 | management plans, security and surveillance plans, |
20 | equipment and usage protocols and theft and fraud |
21 | prevention plans and countermeasures. |
22 | (v) Information with respect to which there is a |
23 | reasonable possibility that public release or inspection |
24 | of the information would constitute an unwarranted |
25 | invasion into personal privacy of any individual as |
26 | determined by the board. |
27 | (vi) Records of an applicant or licensee not |
28 | required to be filed with the Securities and Exchange |
29 | Commission by issuers that either have securities |
30 | registered under section 12 of the Securities Exchange |
|
1 | Act of 1934 (48 Stat. 881, 15 U.S.C. § 78a et seq.) or |
2 | are required to file reports under section 15(d) of the |
3 | Securities Exchange Act of 1934. |
4 | (vii) Records considered nonpublic matters or |
5 | information by the Securities and Exchange Commission as |
6 | provided by 17 CFR 200.80 (relating to commission records |
7 | and information). |
8 | No claim of confidentiality shall be made regarding any |
9 | information from a criminal history record check under 18 |
10 | Pa.C.S. Ch. 91 (relating to criminal history record |
11 | information) or that is otherwise publicly available in this |
12 | Commonwealth or another jurisdiction. |
13 | (2) Except as provided in section 1517(f) (relating to |
14 | [investigation] investigations and enforcement), the |
15 | confidential information shall be withheld from public |
16 | disclosure in whole or in part, except that any confidential |
17 | information shall be released upon the lawful order of a |
18 | court of competent jurisdiction or, with the approval of the |
19 | Attorney General, to a duly authorized law enforcement agency |
20 | or shall be released to the public, in whole or in part, to |
21 | the extent that such release is requested by an applicant and |
22 | does not otherwise contain confidential information about |
23 | another person. |
24 | (3) The board may seek a voluntary waiver of |
25 | confidentiality from an applicant or licensed entity but may |
26 | not require any applicant or licensed entity to waive any |
27 | confidentiality provided for in this subsection as a |
28 | condition for the approval of a license or any other action |
29 | of the board. Any [person who violates this subsection] |
30 | employee or contractor who publicly discloses confidential |
|
1 | information in violation of this subsection commits a |
2 | misdemeanor and shall be administratively disciplined by |
3 | discharge, suspension, termination of contract or other |
4 | formal disciplinary action as the board deems appropriate. |
5 | * * * |
6 | § 1207. Regulatory authority of board. |
7 | The board shall have the power and its duties shall be to: |
8 | * * * |
9 | (4) Require that each licensed entity provide to the |
10 | board its audited annual financial statements, with such |
11 | additional detail as the board from time to time shall |
12 | require, which information shall be submitted not later than |
13 | [60] 90 days after the end of the licensee's fiscal year. |
14 | * * * |
15 | § 1208. Collection of fees and fines. |
16 | The board has the following powers and duties: |
17 | (1) To levy and collect fees from the various |
18 | applicants, licensees and permittees to fund the operations |
19 | of the board. The fees shall be deposited into the State |
20 | Gaming Fund as established in section 1403 (relating to |
21 | establishment of State Gaming Fund and net slot machine |
22 | revenue distribution) and distributed to the board upon |
23 | appropriation by the General Assembly. In addition to the |
24 | fees set forth in sections 1209 (relating to slot machine |
25 | license fee) and 1305 (relating to Category 3 slot machine |
26 | license), the board shall assess and collect fees as follows: |
27 | (i) Supplier licensees shall pay a fee of $25,000 |
28 | upon the issuance of a license and $10,000 for the annual |
29 | renewal of a supplier license. When the renewal period |
30 | under section 1317(c)(1) (relating to supplier licenses) |
|
1 | is three years, the fee shall be $30,000 for the renewal. |
2 | (ii) Manufacturer licensees shall pay a fee of |
3 | $50,000 upon the issuance of a license and $25,000 for |
4 | the annual renewal of a manufacturer license. When the |
5 | renewal period under section 1317.1(c)(1) (relating to |
6 | manufacturer licenses) is three years, the fee shall be |
7 | $75,000 for the renewal. |
8 | * * * |
9 | § 1209. Slot machine license fee. |
10 | * * * |
11 | (b) Term.--A slot machine license, after payment of the fee, |
12 | shall be in effect unless suspended, revoked or not renewed by |
13 | the board upon good cause consistent with the license |
14 | requirements as provided for in this part. Slot machine |
15 | licensees shall be required to update the information in their |
16 | initial applications annually, and the license of a licensee in |
17 | good standing shall be updated and renewed annually for two |
18 | subsequent years following the initial license issuance. |
19 | Thereafter, license renewals shall be every three years. As to |
20 | the renewal of a license, no additional license fee pursuant to |
21 | subsection (a) shall be required. |
22 | * * * |
23 | Section 9. Section 1211 of Title 4 is amended by adding a |
24 | subsection to read: |
25 | § 1211. Reports of board. |
26 | * * * |
27 | (a.1) Expenses.--Beginning 30 days after the effective date |
28 | of this subsection, the board shall post by the fifteenth of |
29 | each month on its Internet website a list of all its itemized |
30 | expenses of employees and members for the preceding month. The |
|
1 | list shall identify the nature of the expense and the employee |
2 | or board member to which an expense is attributable. The list |
3 | shall include each expense for which a receipt is submitted to |
4 | obtain reimbursement. If the expense is directly attributable to |
5 | or paid by a licensed facility, the list shall identify the |
6 | facility. By October 1 of each year, a final report of all |
7 | expenses for the preceding fiscal year shall be posted on the |
8 | board's Internet website and shall be transmitted to the |
9 | Appropriations Committee of the Senate, the Community, Economic |
10 | and Recreational Development Committee of the Senate, the |
11 | Appropriations Committee of the House of Representatives and the |
12 | Gaming Oversight Committee of the House of Representatives. |
13 | * * * |
14 | Section 10. Section 1213 of Title 4 is amended to read: |
15 | § 1213. License or permit prohibition. |
16 | (1) [No applicant for a license or permit under this |
17 | part, including principals and key employees,] The board |
18 | shall be prohibited from granting a principal license or key |
19 | employee license to a person who has been convicted of a |
20 | felony [or gambling offense] in any jurisdiction [shall be |
21 | issued a license or permit unless 15 years has elapsed from |
22 | the date of expiration of the sentence for the offense]. |
23 | (2) [When determining whether to issue a license or |
24 | permit to an permit applicant who has been convicted in any |
25 | jurisdiction of a felony or gambling offense,] In addition to |
26 | the prohibition under paragraph (1), the board shall be |
27 | prohibited from granting the following: |
28 | (i) A principal license or key employee license to a |
29 | person who has been convicted of a gambling offense in |
30 | any jurisdiction that is not classified as a felony |
|
1 | unless 15 years has elapsed from the date of the |
2 | expiration of the sentence for the offense. |
3 | (ii) A gaming employee permit or license other than |
4 | a principal license or key employee license to a person |
5 | who has been convicted of a felony or gambling offense |
6 | unless 15 years has elapsed from the date of the |
7 | expiration of the sentence for the offense. |
8 | (3) In determining whether to issue a license or permit |
9 | under paragraph (2), the board shall consider the following |
10 | factors: |
11 | [(1)] (i) The nature and duties of the applicant's |
12 | position with the licensed entity. |
13 | [(2)] (ii) The nature and seriousness of the offense |
14 | or conduct. |
15 | [(3)] (iii) The circumstances under which the |
16 | offense or conduct occurred. |
17 | [(4)] (iv) The age of the applicant when the offense |
18 | or conduct was committed. |
19 | [(5)] (v) Whether the offense or conduct was an |
20 | isolated or a repeated incident. |
21 | [(6)] (vi) Any evidence of rehabilitation, including |
22 | good conduct in the community, counseling or psychiatric |
23 | treatment received and the recommendation of persons who |
24 | have substantial contact with the applicant. |
25 | Section 10.1. Section 1308 of Title 4 is amended by adding a |
26 | subsection to read: |
27 | § 1308. Applications for license or permit. |
28 | * * * |
29 | (a.1) Submission of information.--Notwithstanding the |
30 | provisions of 18 Pa.C.S. § 9124(b) (relating to use of records |
|
1 | by licensing agencies), an application for a license or permit |
2 | under this part shall include all arrests and convictions of the |
3 | applicant, including summary offenses. The information shall |
4 | include: |
5 | (1) A brief description of the circumstances surrounding |
6 | the arrest. |
7 | (2) The specific offense charged. |
8 | (3) The ultimate disposition of the charges, including |
9 | the details of any dismissal, plea bargain, conviction or |
10 | sentence, including any pardon, expungement or order of |
11 | Accelerated Rehabilitative Disposition. |
12 | * * * |
13 | Section 10.2. Sections 1310, 1317(c)(1), 1317.1(c)(1), |
14 | 1321(a)(2), 1326(a), 1328(b) and 1329 of Title 4 are amended to |
15 | read: |
16 | § 1310. Slot machine license application character |
17 | requirements. |
18 | (a) Application.-- |
19 | (1) Every application for a slot machine license shall |
20 | include such information, documentation and assurances as may |
21 | be required to establish by clear and convincing evidence the |
22 | applicant's suitability, including good character, honesty |
23 | and integrity. Information shall include, without limitation, |
24 | information pertaining to family, habits, character, |
25 | reputation, criminal history background, business activities, |
26 | financial affairs and business, professional and personal |
27 | associates, covering at least the ten-year period immediately |
28 | preceding the filing date of the application. |
29 | (2) Notwithstanding 18 Pa.C.S. § 9124(b) (relating to |
30 | use of records by licensing agencies), a conviction that has |
|
1 | been expunged or overturned, or for which a person has been |
2 | pardoned or an order of Accelerated Rehabilitative |
3 | Disposition has been issued, shall be included with an |
4 | application and shall be considered by the board as part of |
5 | the review of the applicant's suitability under paragraph |
6 | (1). |
7 | (b) Civil judgments and law enforcement agency |
8 | information.--Each applicant shall notify the board of any civil |
9 | judgments obtained against the applicant pertaining to antitrust |
10 | or security regulation laws of the Federal Government, this |
11 | Commonwealth or any other state, jurisdiction, province or |
12 | country. In addition, each applicant shall produce a letter of |
13 | reference from law enforcement agencies having jurisdiction in |
14 | the applicant's place of residence and principal place of |
15 | business, which letter of reference shall indicate that the law |
16 | enforcement agencies do not have any pertinent information |
17 | concerning the applicant or, if the law enforcement agency does |
18 | have information pertaining to the applicant, shall specify the |
19 | nature and content of that information. If no letters are |
20 | received within 30 days of the request, the applicant may submit |
21 | a statement under oath which is subject to the penalty for false |
22 | swearing under 18 Pa.C.S. § 4903 (relating to false swearing) |
23 | that the applicant is or was during the period the activities |
24 | were conducted in good standing with the gaming or casino |
25 | enforcement or control agency. |
26 | (c) Gaming or casino enforcement agency information.--If the |
27 | applicant has held a gaming license in a jurisdiction where |
28 | gaming activities are permitted, the applicant shall produce a |
29 | letter of reference from the gaming or casino enforcement or |
30 | control agency which shall specify the experiences of that |
|
1 | agency with the applicant, the applicant's associates and the |
2 | applicant's gaming operation. If no letters are received within |
3 | 30 days of the request, the applicant may submit a statement |
4 | under oath which is subject to the penalty for false swearing |
5 | under 18 Pa.C.S. § 4903 that the applicant is or was during the |
6 | period the activities were conducted in good standing with the |
7 | gaming or casino enforcement or control agency. |
8 | (d) Agency records.--Each applicant for a slot machine |
9 | license, principal license or key employee license shall be |
10 | required to apply to the Federal Government regarding agency |
11 | records under the Freedom of Information Act (Public Law 89-554, |
12 | 5 U.S.C. § 522) pertaining to the applicant and provide the |
13 | board with the complete record received from the Federal |
14 | Government. The board may issue a conditional license to the |
15 | applicant prior to the receipt of information under this |
16 | subsection. |
17 | § 1317. Supplier licenses. |
18 | * * * |
19 | (c) Review and approval.--Upon being satisfied that the |
20 | requirements of subsection (b) have been met, the board may |
21 | approve the application and issue the applicant a supplier |
22 | license consistent with all of the following: |
23 | (1) [The license shall be for a period of one year. Upon |
24 | expiration, the license may be renewed in accordance with |
25 | subsection (d)] The initial license shall be for a period of |
26 | one year and shall be subject to renewal annually under |
27 | subsection (d) for two consecutive one-year periods following |
28 | the initial issuance. Thereafter, a license shall be subject |
29 | to renewal every three years. Nothing in this paragraph shall |
30 | relieve the licensee of the affirmative duty to notify the |
|
1 | board of changes to any information contained in the original |
2 | application. |
3 | * * * |
4 | § 1317.1. Manufacturer licenses. |
5 | * * * |
6 | (c) Review and approval.--Upon being satisfied that the |
7 | requirements of subsection (b) have been met, the board may |
8 | approve the application and grant the applicant a manufacturer |
9 | license consistent with all of the following: |
10 | (1) [The license shall be for a period of one year. Upon |
11 | expiration, a license may be renewed in accordance with |
12 | subsection (d)] The initial license shall be for a period of |
13 | one year and shall be subject to renewal annually under |
14 | subsection (d) for two consecutive one-year periods following |
15 | the initial issuance. Thereafter, a license shall be subject |
16 | to renewal every three years. Nothing in this paragraph shall |
17 | relieve the licensee of the affirmative duty to notify the |
18 | board of any changes relating to the status of its license or |
19 | relieve the licensee of its responsibility to notify the |
20 | board of changes to any information contained in the original |
21 | application. |
22 | * * * |
23 | § 1321. Additional licenses and permits and approval of |
24 | agreements. |
25 | (a) Requirements.--In addition to the requirements for a |
26 | license or permit specifically set forth in this part, the board |
27 | may require a license [or], permit or other authorization, and |
28 | set a fee for the same, for any key or gaming employee or any |
29 | person who satisfies any of the following criteria: |
30 | * * * |
|
1 | (2) The person is presently not [otherwise] required to |
2 | be licensed or permitted under this part and provides any |
3 | goods, property or services, including, but not limited to, |
4 | management contracts for compensation to a slot machine |
5 | licensee at the licensed facility. The board may by |
6 | regulation establish a classification system for a person who |
7 | provides goods, property or services to a slot machine |
8 | licensee. If the classification system requires the person |
9 | providing goods, property or services to submit to a criminal |
10 | history record check under 18 Pa.C.S. Ch. 91 (relating to |
11 | criminal history record information), the board shall notify |
12 | the slot machine licensee if the person providing goods, |
13 | property or services has been convicted of a felony or |
14 | gambling offense. |
15 | * * * |
16 | § 1326. License renewals. |
17 | (a) Renewal.--All permits and licenses issued under this |
18 | part unless otherwise provided shall be subject to renewal on an |
19 | annual basis [upon the application of the holder of the permit |
20 | or license submitted to the board at least 60 days prior to the |
21 | expiration of the permit or license] for the first two years |
22 | following the initial issuance. Thereafter, all permits and |
23 | licenses shall be subject to renewal every three years. The |
24 | application for renewal shall be submitted at least 60 days |
25 | prior to the expiration of the permit or license and shall |
26 | include an update of the information contained in the initial |
27 | and any prior renewal applications and the payment of any |
28 | renewal fee required by this part. A permit or license for which |
29 | a completed renewal application and fee, if required, has been |
30 | received by the board will continue in effect unless and until |
|
1 | the board sends written notification to the holder of the permit |
2 | or license that the board has denied the renewal of such permit |
3 | or license. |
4 | * * * |
5 | § 1328. Change in ownership or control of slot machine |
6 | licensee. |
7 | * * * |
8 | (b) Qualification of purchaser of slot machine licensee; |
9 | change of control.--The purchaser of the assets, other than in |
10 | the ordinary course of business, of any slot machine licensee |
11 | shall independently qualify for a license in accordance with |
12 | this part and shall pay the license fee as required by section |
13 | 1209 (relating to slot machine license fee). A change in control |
14 | of any slot machine licensee shall require that the slot machine |
15 | licensee independently qualify for a license in accordance with |
16 | this part, and the slot machine licensee shall pay a new license |
17 | fee as required by section 1209, except as otherwise required by |
18 | the board pursuant to this section. The new license fee under |
19 | this section shall be paid upon the assignment and actual change |
20 | of control or ownership of the slot machine license. |
21 | * * * |
22 | § 1329. [Nonportability] Portability and relocation of slot |
23 | machine license. |
24 | (a) General rule.--Each slot machine license shall only be |
25 | valid for the specific physical location within the municipality |
26 | and county for which it was originally granted. |
27 | (b) Petition.--In evaluating a petition to relocate, the |
28 | board shall consider the following factors: |
29 | (1) The reason for the relocation. |
30 | (2) A comparative analysis, submitted by the petitioner, |
|
1 | detailing estimated gross terminal revenues at the new |
2 | location with estimated gross terminal revenues at the |
3 | original location. |
4 | (3) A comparative analysis, submitted by the petitioner, |
5 | detailing the economic impact of the licensed facility at the |
6 | new location with the estimated economic impact at the |
7 | original location. The comparative analysis shall include the |
8 | total cost of the project and projected direct and indirect |
9 | employment figures. |
10 | (4) A comprehensive traffic study commissioned by the |
11 | board. |
12 | (5) Community support or opposition. |
13 | (6) Any other information requested by the board. |
14 | (c) Relocation.--A [No] slot machine licensee [shall] may be |
15 | permitted to move or relocate the physical location of the |
16 | licensed facility [without] with board approval [for] upon good |
17 | cause shown if: |
18 | (1) the relocated licensed facility remains within the |
19 | same county as originally licensed; |
20 | (2) the relocation will facilitate the timely operation |
21 | of slot machines; |
22 | (3) the relocated licensed facility complies with all |
23 | other provisions of this part related to the siting and |
24 | location of a licensed facility; and |
25 | (4) relocation of the licensed facility is in the best |
26 | interests of the Commonwealth. |
27 | (d) Public input hearing.--The board shall hold at least one |
28 | public input hearing in the municipality where the licensed |
29 | facility will be located prior to approval of the relocation. |
30 | (e) No grant or loan from the Commonwealth may be awarded |
|
1 | for the purpose of relocating or developing the relocated |
2 | licensed facility to comply with any conditions of approval of |
3 | the relocation. |
4 | Section 11. Title 4 is amended by adding a section to read: |
5 | § 1332. Appointment of trustee. |
6 | (a) Appointment.--Upon petition of the Office of Enforcement |
7 | Counsel, the board may order the appointment of a trustee from |
8 | the list required under subsection (j) to act on behalf of the |
9 | interests of the Commonwealth and the board to assure compliance |
10 | with this part and any conditions imposed upon the slot machine |
11 | license in the following circumstances: |
12 | (1) Upon the revocation, suspension or nonrenewal of a |
13 | slot machine license or a principal license of an individual |
14 | who the board has determined controls a slot machine license. |
15 | (2) Upon the failure to renew a slot machine license or |
16 | a principal license of an individual who the board has |
17 | determined controls a slot machine licensee until the slot |
18 | machine or principal license is renewed or until the |
19 | discontinuation of the trusteeship pursuant to subsection |
20 | (i). |
21 | (3) If necessary to protect the best interests of the |
22 | Commonwealth. |
23 | (b) Qualifications.--The following shall apply: |
24 | (1) A trustee shall be required to obtain a principal |
25 | license. The board may appoint a trustee and award the |
26 | trustee a temporary principal license as prescribed in board |
27 | regulations. |
28 | (2) Before assuming duties, a trustee shall execute and |
29 | file a bond for the faithful performance of the trustee's |
30 | duties. The bond shall be payable to the board with sureties |
|
1 | and in the amount and form required by board order. The cost |
2 | of the bond shall be paid by the former or suspended |
3 | licensee. |
4 | (c) Powers.--A trustee appointed under this section shall |
5 | have all of the power and duties granted to the trustee by the |
6 | board. The board's order appointing the trustee shall set forth |
7 | the powers, duties and responsibilities of the trustees which |
8 | may include: |
9 | (1) Maintaining and operating the licensed facility in a |
10 | manner that complies with this part and any conditions |
11 | imposed by the board. |
12 | (2) Maintaining and operating the licensed facility |
13 | consistent with the measures generally taken in the ordinary |
14 | course of business including: |
15 | (i) Entering into contracts. |
16 | (ii) Borrowing money. |
17 | (iii) Pledging, mortgaging or otherwise encumbering |
18 | the licensed facility or property thereof as security for |
19 | the repayment of the trustee's loans subject to any |
20 | provisions and restrictions in any existing credit |
21 | documents. |
22 | (iv) Hiring, firing and disciplining employees. |
23 | (3) Exercising the rights and obligations of the former |
24 | or suspended licensee. |
25 | (4) Taking possession of all of the property of the slot |
26 | machine licensee, including its books, records and papers. |
27 | (5) Establishing accounts with financial institutions. |
28 | An account may not be established with a financial |
29 | institution in which an affiliate of the former or suspended |
30 | licensee, or in which the trustee, has a financial interest. |
|
1 | (6) Meeting with the former or suspended licensee. |
2 | (7) Meeting with principals and key employees at the |
3 | licensed facility. |
4 | (8) Meeting with the independent audit committee. |
5 | (9) Meeting with the board's executive director and |
6 | keeping the board's executive director apprised of actions |
7 | taken and the trustee's plans and goals for the future. |
8 | (10) Hiring legal counsel, accountants or other |
9 | consultants or assistants, with prior approval of the board, |
10 | as necessary to carry out the trustee's duties and |
11 | responsibilities. |
12 | (11) Settling or compromising with any debtor or |
13 | creditor of the former or suspended licensee, including any |
14 | taxing authority. |
15 | (12) Reviewing outstanding agreements to which the |
16 | former or suspended licensee is a party and advising the |
17 | board as to which, if any, of the agreements should be the |
18 | subject of scrutiny, examination or investigation by the |
19 | board. |
20 | (13) Obtaining board approval prior to any sale, change |
21 | of ownership, change of control, change of financial status, |
22 | restructuring, transfer of assets or execution of a contract |
23 | outside of the ordinary course of business. |
24 | (14) Obtaining board approval for any payments outside |
25 | of those made in the ordinary course of business. |
26 | (d) Compensation.--The board shall establish the |
27 | compensation of the trustee and shall review and approve |
28 | reasonable costs and expenses of the trustee, legal counsel, |
29 | accountants or other consultants or assistants hired by the |
30 | trustee and other persons the board may appoint in connection |
|
1 | with the trusteeship action. The compensation, costs and |
2 | expenses shall be paid by the former or suspended licensee. |
3 | Total compensation for the trustee and all individuals hired or |
4 | retained by the trustee under subsection (c)(10) shall not |
5 | exceed $600 per hour in the aggregate. |
6 | (e) Reports.--A trustee shall file reports with regard to |
7 | the administration of the trusteeship with the board in the form |
8 | and at intervals as the board orders. The board may direct that |
9 | copies or portions of the trustee's reports be mailed to |
10 | creditors or other parties in interest and make summaries of the |
11 | reports available to the public and shall post them on the |
12 | board's Internet website. |
13 | (f) Review of actions.--A creditor or party in interest |
14 | aggrieved by any alleged breach of a delegated power or duty of |
15 | a trustee in the discharge of the trustee's duties may request a |
16 | review of the trustee's action or inaction by filing a petition |
17 | in accordance with board regulations. The petition must set |
18 | forth in detail the pertinent facts and the reasons why the |
19 | facts constitute the alleged breach. The board will review any |
20 | petition filed under this section and take whatever action, if |
21 | any, it deems appropriate. |
22 | (g) Effect of the trusteeship.--After issuance of an order |
23 | to appoint a trustee, the former or suspended principal or slot |
24 | machine licensee may not exercise any of its privileges, collect |
25 | or receive any debts and pay out, sell, assign or transfer any |
26 | of its property to anyone without prior approval of the |
27 | appointed trustee and the board. |
28 | (h) Disposition of net earnings.--During the period of |
29 | trusteeship, net earnings shall be deposited in an account |
30 | maintained for that purpose. Payment of net earnings during the |
|
1 | period of trusteeship may not be made by the trustee without the |
2 | prior approval of the board. A suspended or former principal or |
3 | slot machine licensee may request payment of all or a portion of |
4 | the net earnings during the period of trusteeship by filing a |
5 | petition in accordance with board regulation. The suspended or |
6 | former principal or slot machine licensee shall have the burden |
7 | of demonstrating good cause for the payment of the net earnings |
8 | requested. |
9 | (i) Discontinuation.--The board may issue an order to |
10 | discontinue a trusteeship when: |
11 | (1) The board determines that the cause for which the |
12 | trustee was appointed no longer exists. |
13 | (2) The trustee has, with the prior approval of the |
14 | board, consummated the sale, assignment, conveyance or other |
15 | disposition of all the property of the former principal or |
16 | slot machine licensee relating to the slot machine license. |
17 | Upon board approval of the discontinuation of the trusteeship, |
18 | the trustee shall, in an orderly manner, transfer the property |
19 | of the former or suspended principal or slot machine licensee. |
20 | (j) List of approved trustees.--The board shall promulgate |
21 | regulations to establish a list of persons approved by the board |
22 | qualified to serve as a trustee. At a minimum, the regulations |
23 | shall provide for the following: |
24 | (1) The minimum qualifications an individual must |
25 | possess to be approved as a trustee, which shall include |
26 | possession of a principal license. |
27 | (2) The procedure for placement on or removal from the |
28 | list. |
29 | (3) Any other information the board deems necessary to |
30 | carry out the intent of this section. |
|
1 | Section 12. Section 1407 of Title 4 is amended by adding |
2 | subsections to read: |
3 | § 1407. Pennsylvania Gaming Economic Development and Tourism |
4 | Fund. |
5 | * * * |
6 | (e) Annual report.--The Office of the Budget in cooperation |
7 | with the Department of Community and Economic Development shall |
8 | submit an annual report of all distribution of funds under this |
9 | section to the chairman and minority chairman of the |
10 | Appropriations Committee of the Senate, the chairman and |
11 | minority chairman of the Community, Economic and Recreational |
12 | Development Committee of the Senate, the chairman and minority |
13 | chairman of the Appropriations Committee of the House of |
14 | Representatives and the chairman and minority chairman of the |
15 | Gaming Oversight Committee of the House of Representatives. The |
16 | report shall include detailed information relating to transfers |
17 | made from the Pennsylvania Gaming Economic Development and |
18 | Tourism Fund and all reimbursements, distributions and payments |
19 | made under subsection (b). The report shall be submitted by |
20 | January 31, 2010, and by January 31 of each year thereafter. |
21 | (f) Local report.--A city of the first class, city of the |
22 | second class, county of the second class, convention center, |
23 | professional hockey franchise, urban redevelopment authority, |
24 | airport authority or other entity that receives money from the |
25 | fund pursuant to an Economic Development Capital Budget under |
26 | this section shall submit an annual report to the Office of the |
27 | Budget, the chairman and minority chairman of the Appropriations |
28 | Committee of the Senate, the chairman and minority chairman of |
29 | the Community, Economic and Recreational Development Committee |
30 | of the Senate, the chairman and minority chairman of the |
|
1 | Appropriations Committee of the House of Representatives and the |
2 | chairman and the minority chairman of the Gaming Oversight |
3 | Committee of the House of Representatives. The report shall |
4 | include detailed information, including records of expenditures, |
5 | payments and other distributions made from money received under |
6 | subsection (b). The initial report shall include information on |
7 | all funds received prior to January 31, 2010. The report shall |
8 | be submitted by January 31, 2010, and by January 31 of each year |
9 | thereafter until all funds under this section are distributed or |
10 | received. An entity that receives funds after the effective date |
11 | of this section shall submit an initial report by January 31 of |
12 | the year following receipt of the funds. |
13 | (g) Distribution to international airport.--Notwithstanding |
14 | the provisions of section 7(d) of the act of July 25, 2007 |
15 | (P.L.342, No.53), known as the Pennsylvania Gaming Economic |
16 | Development and Tourism Fund Capital Budget Itemization Act of |
17 | 2007, following the distribution of $42.5 million of funds |
18 | allocated to the county for debt service and economic |
19 | development projects for an international airport in a county of |
20 | the second class under section 3(2)(i)(E) of said act, all |
21 | remaining funds shall be distributed directly to an authority |
22 | that operates an international airport in a county of the second |
23 | class. |
24 | Section 13. Sections 1408(c) and 1512(a.5) and (b) of Title |
25 | 4 are amended to read: |
26 | § 1408. Transfers from State Gaming Fund. |
27 | * * * |
28 | (c) Local law enforcement grants.--Annually, the sum of |
29 | [$5,000,000] $3,000,000 shall be transferred to the board for |
30 | the purpose of issuing grants to local law enforcement agencies |
|
1 | to enforce and prevent [the unlawful operation of slot machines] |
2 | all forms of unlawful gambling in this Commonwealth. For |
3 | purposes of this subsection, the term "local law enforcement |
4 | agency" shall include Pennsylvania State Police activities in a |
5 | municipality which does not have a municipal police department |
6 | for activities in that municipality. |
7 | * * * |
8 | § 1512. Financial and employment interests. |
9 | * * * |
10 | (a.5) State Ethics Commission.--The State Ethics Commission |
11 | shall publish a list of all State, county, municipal and other |
12 | government positions that meet the definitions of "public |
13 | official" as defined under subsection (b) or "executive-level |
14 | public employee" [under subsection (b)]. The Office of |
15 | Administration shall assist the [Ethics Commission] commission |
16 | in the development of the list, which shall be published in the |
17 | Pennsylvania Bulletin biennially and on the board's website. |
18 | Upon request, each public official shall have a duty to provide |
19 | the [Ethics Commission] commission with adequate information to |
20 | accurately develop and maintain the list. The [Ethics |
21 | Commission] commission may impose a civil penalty under 65 |
22 | Pa.C.S. § 1109(f) (relating to penalties) upon any public |
23 | official or executive-level public employee who fails to |
24 | cooperate with the [Ethics Commission] commission under this |
25 | subsection. An individual who relies in good faith on the list |
26 | published by the commission shall not be subject to any penalty |
27 | for a violation of this section. |
28 | (b) Definitions.--As used in this section, the following |
29 | words and phrases shall have the meanings given to them in this |
30 | subsection: |
|
1 | ["Executive-level public employee." The term shall include |
2 | the following: |
3 | (1) Deputy Secretaries of the Commonwealth and the |
4 | Governor's Office executive staff. |
5 | (2) An employee of the Executive Branch with |
6 | discretionary power which may affect or influence the outcome |
7 | of a State agency's action or decision and who is involved in |
8 | the development of regulations or policies relating to a |
9 | licensed entity or who is involved in other matters under |
10 | this part. The term shall include an employee with law |
11 | enforcement authority. |
12 | (3) An employee of a county or municipality with |
13 | discretionary powers which may affect or influence the |
14 | outcome of the county's or municipality's action or decision |
15 | and who is involved in the development of law, regulation or |
16 | policy relating to a licensed entity or who is involved in |
17 | other matters under this part. The term shall include an |
18 | employee with law enforcement authority. |
19 | (4) An employee of a department, agency, board, |
20 | commission, authority or other governmental body not included |
21 | in paragraph (1), (2) or (3) with discretionary power which |
22 | may affect or influence the outcome of the governmental |
23 | body's action or decision and who is involved in the |
24 | development of regulation or policy relating to a licensed |
25 | entity or who is involved in other matters under this part. |
26 | The term shall include an employee with law enforcement |
27 | authority.] |
28 | "Financial interest." Owning or holding, or being deemed to |
29 | hold, debt or equity securities or other ownership interest or |
30 | profits interest. A financial interest shall not include any |
|
1 | debt or equity security, or other ownership interest or profits |
2 | interest, which is held or deemed to be held in any of the |
3 | following: |
4 | (1) A blind trust over which the executive-level public |
5 | employee, public official, party officer or immediate family |
6 | member thereof may not exercise any managerial control or |
7 | receive income during the tenure of office and the period |
8 | under subsection (a). The provisions of this paragraph shall |
9 | apply only to blind trusts established prior to the effective |
10 | date of this paragraph. |
11 | (2) Securities that are held in a pension plan, profit- |
12 | sharing plan, individual retirement account, tax-sheltered |
13 | annuity, a plan established pursuant to section 457 of the |
14 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
15 | 1 et seq.) or any successor provision deferred compensation |
16 | plan whether qualified or not qualified under the Internal |
17 | Revenue Code of 1986 or any successor provision or other |
18 | retirement plan that: |
19 | (i) is not self-directed by the individual; and |
20 | (ii) is advised by an independent investment adviser |
21 | who has sole authority to make investment decisions with |
22 | respect to contributions made by the individual to these |
23 | plans. |
24 | (3) A tuition account plan organized and operated |
25 | pursuant to section 529 of the Internal Revenue Code of 1986 |
26 | (Public Law 99-514, 26 U.S.C. § 529) that is not self- |
27 | directed by the individual. |
28 | (4) A mutual fund where the interest owned by the mutual |
29 | fund in a licensed entity does not constitute a controlling |
30 | interest as defined in this part. |
|
1 | "Immediate family." A spouse, minor child or unemancipated |
2 | child. |
3 | "Law enforcement authority." The power to conduct |
4 | investigations of or to make arrests for criminal offenses. |
5 | "Party officer." A member of a national committee; a |
6 | chairman, vice chairman, secretary, treasurer or counsel of a |
7 | State committee or member of the executive committee of a State |
8 | committee; a county chairman, vice chairman, counsel, secretary |
9 | or treasurer of a county committee in which a licensed facility |
10 | is located; or a city chairman, vice chairman, counsel, |
11 | secretary or treasurer of a city committee of a city in which a |
12 | licensed facility is located. |
13 | "Public official." The term shall include the following: |
14 | (1) The Governor, Lieutenant Governor, a member of the |
15 | Governor's cabinet, Treasurer, Auditor General and Attorney |
16 | General of the Commonwealth. |
17 | (2) A member of the Senate or House of Representatives |
18 | of the Commonwealth. |
19 | (3) An individual elected or appointed to any office of |
20 | a county or municipality that directly receives a |
21 | distribution of revenue under this part. |
22 | (4) An individual elected or appointed to a department, |
23 | agency, board, commission, authority or other governmental |
24 | body not included in paragraph (1), (2) or (3) that directly |
25 | receives a distribution of revenue under this part. |
26 | (5) An individual elected or appointed to a department, |
27 | agency, board, commission, authority, county, municipality or |
28 | other governmental body not included in paragraph (1), (2) or |
29 | (3) with discretionary power which may influence or affect |
30 | the outcome of an action or decision and who is involved in |
|
1 | the development of regulation or policy relating to a |
2 | licensed entity or who is involved in other matters under |
3 | this part. |
4 | The term does not include a member of a school board or an |
5 | individual who held an uncompensated office with a governmental |
6 | body prior to January 1, 2006, and who no longer holds the |
7 | office as of January 1, 2006. The term includes a member of an |
8 | advisory board or commission which makes recommendations |
9 | relating to a licensed facility. |
10 | Section 14. Title 4 is amended by adding a section to read: |
11 | § 1516.1. Prosecutorial and adjudicatory functions. |
12 | The board shall adopt regulations and procedures necessary to |
13 | ensure that the Bureau of Investigations and Enforcement is a |
14 | distinct administrative entity and to prevent commingling of the |
15 | investigatory and prosecutorial functions of the Bureau of |
16 | Investigations and Enforcement under section 1517 (relating to |
17 | investigations and enforcement) and the adjudicatory functions |
18 | of the board. |
19 | Section 15. Section 1517(a.1)(6) of Title 4 is amended, |
20 | subsection (a.2)(1) is amended by adding a subparagraph and |
21 | subsection (c) is amended by adding a paragraph to read: |
22 | § 1517. Investigations and enforcement. |
23 | * * * |
24 | (a.1) Powers and duties of bureau.--The Bureau of |
25 | Investigations and Enforcement shall have the following powers |
26 | and duties: |
27 | * * * |
28 | (6) Conduct [audits] reviews of a licensed entity as |
29 | necessary to ensure compliance with this part. [An audit] A |
30 | review may include the review of accounting, administrative |
|
1 | and financial records, management control systems, procedures |
2 | and other records utilized by a licensed entity. |
3 | * * * |
4 | (a.2) Office of Enforcement Counsel.-- |
5 | (1) There is established within the bureau an Office of |
6 | Enforcement Counsel which shall act as the prosecutor in all |
7 | noncriminal enforcement actions initiated by the bureau under |
8 | this part and shall have the following powers and duties: |
9 | * * * |
10 | (iv) Petition the board for the appointment of a |
11 | trustee under section 1332 (relating to appointment of |
12 | trustee). |
13 | * * * |
14 | (c) Powers and duties of the Pennsylvania State Police.--The |
15 | Pennsylvania State Police shall have the following powers and |
16 | duties: |
17 | * * * |
18 | (14) By March 1 of each year, the Commissioner of the |
19 | Pennsylvania State Police shall submit a report to the |
20 | Appropriations Committee of the Senate, the Community, |
21 | Economic and Recreational Development Committee of the |
22 | Senate, the Appropriations Committee of the House of |
23 | Representatives and the Gaming Oversight Committee of the |
24 | House of Representatives. The report shall summarize law |
25 | enforcement activities at each licensed facility during the |
26 | previous calendar year and shall include all of the |
27 | following: |
28 | (i) The number of arrests at each licensed facility. |
29 | (ii) A list of specific offenses charged for each |
30 | offense. |
|
1 | (iii) The number of criminal prosecutions resulting |
2 | from arrests. |
3 | (iv) The number of convictions resulting from |
4 | prosecutions. |
5 | (v) The number of Pennsylvania State Police troopers |
6 | assigned to each licensed facility and to the gaming unit |
7 | at the Pennsylvania State Police headquarters. |
8 | (vi) The number and nature of disciplinary actions |
9 | taken and complaints made against Pennsylvania State |
10 | Police troopers in a licensed facility. |
11 | (vii) The closest local police station, Pennsylvania |
12 | State Police station and regional Pennsylvania State |
13 | Police headquarters to each licensed facility. |
14 | * * * |
15 | Section 16. Section 1517.2 of Title 4 is amended to read: |
16 | § 1517.2. Conduct of [public officials and] board employees. |
17 | (a) [Ex parte discussion prohibited.--An attorney |
18 | representing the bureau or the Office of Enforcement Counsel, or |
19 | an employee of the bureau or office involved in the hearing |
20 | process, shall not discuss the case ex parte with a hearing |
21 | officer, chief counsel or member] (Reserved). |
22 | (b) [Other prohibitions.--A hearing officer, the chief |
23 | counsel or a member shall not discuss or exercise any |
24 | supervisory responsibility over any employee with respect to an |
25 | enforcement hearing with which the employee is involved] |
26 | (Reserved). |
27 | (c) Disqualification.--If it becomes necessary for the chief |
28 | counsel or member to become involved on behalf of the board in |
29 | any enforcement proceeding, the chief counsel or member shall be |
30 | prohibited from participating in the adjudication of that matter |
|
1 | and shall designate appropriate individuals to exercise |
2 | adjudicatory functions. |
3 | Section 17. The amendment of 4 Pa.C.S. § 1213 shall not |
4 | apply to any of the following: |
5 | (1) An application submitted before the effective date |
6 | of this section. |
7 | (2) Any license or permit issued prior to the effective |
8 | date of this section. |
9 | (3) The renewal of any license or permit issued prior to |
10 | the effective date of this section. |
11 | Section 18. This act shall take effect in 60 days. |
|