| CORRECTIVE REPRINTHOUSE AMENDED |
| PRIOR PRINTER'S NOS. 1196, 1247, 1460, 1464, | PRINTER'S NO. 1468 |
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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, WARD, TOMLINSON, TARTAGLIONE, ERICKSON, MUSTO, WASHINGTON, PIPPY, YAW, DINNIMAN, KASUNIC, LEACH, FARNESE, PILEGGI, ARGALL, ORIE, RAFFERTY, STACK AND COSTA, JUNE 22, 2009 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, OCTOBER 5, 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 | Amending Title 4 (Amusements) of the Pennsylvania Consolidated | <-- |
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1 | Statutes, further providing for legislative intent, for |
2 | definitions, for the Pennsylvania Gaming Control Board |
3 | established, for applicability of other statutes, for powers |
4 | of the board and for code of conduct; providing for expenses |
5 | of regulatory agencies; further providing for licensed gaming |
6 | entity application appeals from board, for license or permit |
7 | application hearing process and public hearings, for board |
8 | minutes and records, for regulatory authority of board, for |
9 | collection of fees and fines, for slot machine license fee, |
10 | for number of slot machines and for reports of board; |
11 | providing for report by slot machine licensee; further |
12 | providing for diversity goals of board and for license or |
13 | permit prohibition; providing for specific authority to |
14 | suspend slot machine license and for Auditor General's | <-- |
15 | reports; further providing for Category 3 slot machine |
16 | license, for applications for license or permit, for slot |
17 | machine license application character requirements, for slot |
18 | machine license application financial fitness requirements, |
19 | for supplier licenses and for manufacturer licenses; |
20 | providing for gaming service provider and for alternative |
21 | supplier licensing standards; further providing for |
22 | occupation permit application, for additional licenses and |
23 | permits and approval of agreements, for license renewals, for |
24 | change in ownership or control of slot machine licensee and |
25 | for nonportability of slot machine license; providing for |
26 | appointment of trustee and for additional table game | <-- |
27 | assessment; authorizing table games; further providing for |
28 | slot machine license deposits; providing for limitation on |
29 | recovery of costs; further providing for gross terminal |
30 | revenue deductions, for itemized budget reporting, for |
31 | establishment of State Gaming Fund and net slot machine |
32 | revenue distribution, for distributions from Pennsylvania |
33 | Race Horse Development Fund, for Pennsylvania Gaming Economic |
34 | Development and Tourism Fund, for transfers from State Gaming |
35 | Fund, for responsibility and authority of Department of |
36 | Revenue, for wagering on credit, and for no eminent domain | <-- |
37 | authority,; providing for deteriorated designations; further | <-- |
38 | providing for compulsive and problem gambling program, for |
39 | labor hiring preferences, for declaration of exemption from |
40 | Federal laws prohibiting slot machines and for financial and |
41 | employment interests; providing for additional restrictions; |
42 | further providing for political influence, for regulation |
43 | requiring exclusion of certain persons; providing for |
44 | prosecutorial and adjudicative functions; further providing |
45 | for investigations and enforcement, for conduct of public |
46 | officials and employees and for prohibited acts and |
47 | penalties; providing for additional authority and for report |
48 | of suspicious transactions; further providing for |
49 | interception of oral communications; providing for electronic |
50 | funds transfer terminals; regulating junkets; and providing | <-- |
51 | for gaming schools. |
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1 | The General Assembly of the Commonwealth of Pennsylvania |
2 | hereby enacts as follows: |
3 | Section 1. Section 1102(11) of Title 4 of the Pennsylvania |
4 | Consolidated Statutes is amended and the section is amended by |
5 | adding paragraphs to read: |
6 | § 1102. Legislative intent. |
7 | The General Assembly recognizes the following public policy |
8 | purposes and declares that the following objectives of the |
9 | Commonwealth are to be served by this part: |
10 | * * * |
11 | (10.1) The General Assembly has a compelling interest in |
12 | protecting the integrity of both the electoral process and |
13 | the legislative process by preventing corruption and the |
14 | appearance of corruption which may arise through permitting |
15 | campaign contributions by the gaming industry. |
16 | (11) It is necessary to maintain the integrity of the |
17 | regulatory control and legislative oversight over the |
18 | operation of slot machines in this Commonwealth; to prevent |
19 | the actual or appearance of corruption that may result from |
20 | [large] campaign contributions; ensure the bipartisan |
21 | administration of this part; and avoid actions that may erode |
22 | public confidence in the system of representative government. |
23 | (11.1) Completely banning political CAMPAIGN |
24 | contributions by certain individuals and entities subject to |
25 | this act is necessary to prevent corruption, or the |
26 | appearance of corruption, that may arise when politics and |
27 | gaming are intermingled. |
28 | Section 2. The definitions of "conviction," licensed entity" |
29 | and "slot machine licensee" in section 1103 of Title 4 are |
30 | amended and the section is amended by adding definitions to |
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1 | read: |
2 | § 1103. Definitions. |
3 | The following words and phrases when used in this part shall |
4 | have the meanings given to them in this section unless the |
5 | context clearly indicates otherwise: |
6 | * * * |
7 | "Conviction." A finding of guilt or a plea of guilty or nolo |
8 | contendere, whether or not a judgment of sentence has been |
9 | imposed as determined by the law of the jurisdiction in which |
10 | the prosecution was held. The term does not include a conviction |
11 | that has been expunged or overturned or for which an individual |
12 | has been pardoned or an order of Accelerated Rehabilitative |
13 | Disposition which has been issued. |
14 | * * * |
15 | "Executive-level public employee." The term shall include |
16 | the following: |
17 | (1) Deputy Secretaries of the Commonwealth and the |
18 | Governor's Office executive staff. |
19 | (2) An employee of the executive branch with |
20 | discretionary power which may affect or influence the outcome |
21 | of a State agency's action or decision and who is involved in |
22 | the development of regulations or policies relating to a |
23 | licensed entity or who is involved in other matters under |
24 | this part. The term shall include an employee with law |
25 | enforcement authority. |
26 | (3) An employee of a county or municipality with |
27 | discretionary powers which may affect or influence the |
28 | outcome of the county's or municipality's action or decision |
29 | and who is involved in the development of law, regulation or |
30 | policy relating to a licensed entity or who is involved in |
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1 | other matters under this part. The term shall include an |
2 | employee with law enforcement authority. |
3 | (4) An employee of a department, agency, board, |
4 | commission, authority or other governmental body not included |
5 | in paragraph (1), (2) or (3) with discretionary power which |
6 | may affect or influence the outcome of the governmental |
7 | body's action or decision and who is involved in the |
8 | development of regulation or policy relating to a licensed |
9 | entity or who is involved in other matters under this part. |
10 | The term shall include an employee with law enforcement |
11 | authority. |
12 | * * * |
13 | "Licensed entity[.]" or "licensee." Any slot machine |
14 | licensee, manufacturer licensee, supplier licensee or other |
15 | person licensed by the Pennsylvania Gaming Control Board under |
16 | this part. |
17 | "Licensed entity representative." A person acting on behalf |
18 | of or representing the interest of any applicant, licensee, |
19 | permittee or registrant, including an attorney, agent or |
20 | lobbyist, regarding any matter which may reasonably be expected |
21 | to come before the board. |
22 | * * * |
23 | ["Slot machine licensee." A person that holds a slot machine |
24 | license.] |
25 | * * * |
26 | "Trustee." A fiduciary appointed by the Pennsylvania Gaming |
27 | Control Board to preserve the viability of a licensed facility |
28 | and the integrity of gaming in this Commonwealth. |
29 | * * * |
30 | Section 3. Section 1201(b), (b.1), (f)(3), (h)(5), (7.1), |
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1 | (10), (11), (13), (14) and (15) and (k) of Title 4 are amended, |
2 | subsection (h) is amended by adding paragraphs and the section |
3 | is amended by adding a subsection to read: |
4 | § 1201. Pennsylvania Gaming Control Board established. |
5 | * * * |
6 | (b) Membership.-- |
7 | (1) The board shall consist of the following members: |
8 | [(1)] (i) Three members appointed by the Governor. |
9 | [(2)] (ii) One member appointed by each of the |
10 | following: |
11 | [(i)] (A) The President pro tempore of the |
12 | Senate. |
13 | [(ii)] (B) The Minority Leader of the Senate. |
14 | [(iii)] (C) The Speaker of the House of |
15 | Representatives. |
16 | [(iv)] (D) The Minority Leader of the House of |
17 | Representatives. |
18 | (2) The chairman of the Community, Economic and |
19 | Recreational Development Committee of the Senate may hold a |
20 | public hearing on an appointee under paragraph (1). |
21 | (b.1) Removal.--A member of the board shall serve at the |
22 | pleasure of the appointing authority and shall be removed from |
23 | office by the appointing authority: |
24 | (1) for misconduct in office, willful neglect of duty or |
25 | conduct evidencing unfitness for office or incompetence; or |
26 | (2) upon conviction of an offense graded as a felony, an |
27 | infamous crime, an offense under this part or an equivalent |
28 | offense under Federal law or the law of another jurisdiction. |
29 | * * * |
30 | (f) Qualified majority vote.-- |
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1 | * * * |
2 | (3) Notwithstanding any other provision of this part or |
3 | 65 Pa.C.S. § 1103(j) (relating to restricted activities), a |
4 | member shall disclose the nature of his disqualifying |
5 | interest, disqualify himself and abstain from voting in a |
6 | proceeding under this part in which his objectivity, |
7 | impartiality, integrity or independence of judgment may be |
8 | reasonably questioned, as provided in subsection (h)(6) or |
9 | section 1202.1(c)(3) (relating to code of conduct). If a |
10 | legislative appointee has disqualified himself, the qualified |
11 | majority shall consist of all of the remaining legislative |
12 | appointees and at least two gubernatorial appointees. |
13 | * * * |
14 | (h) Qualifications and restrictions.-- |
15 | * * * |
16 | (4.1) No member appointed after the effective date of |
17 | this paragraph shall engage in any business, employment or |
18 | vocation for which the member shall receive any COMPENSATION |
19 | OR remuneration except for an individual who is reappointed |
20 | and who is a member of the board on the effective date of |
21 | this paragraph. |
22 | (5) No member shall be paid or receive any fee or other |
23 | compensation other than salary and expenses provided by law |
24 | for any activity related to the duties or authority of the |
25 | board. [Nothing in this part shall prohibit a member from |
26 | engaging in any employment or receiving any compensation for |
27 | such employment that is not connected to or incompatible with |
28 | his service as a member of the board.] |
29 | * * * |
30 | (7.1) Prior to being sworn as a member, an appointee and |
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1 | his immediate family shall divest any financial interest in |
2 | any applicant, licensed facility or licensed entity and in an |
3 | affiliate, intermediary, subsidiary or holding company |
4 | thereof owned or held by the appointee or known to be held by |
5 | the appointee's immediate family. For the duration of the |
6 | member's term and for [one year] two years thereafter, the |
7 | member and the member's immediate family may not acquire a |
8 | financial interest in any applicant, licensed facility or |
9 | licensed entity or in an affiliate, intermediary, subsidiary |
10 | or holding company thereof. For purposes of this paragraph, |
11 | the term "immediate family" shall mean spouse and any minor |
12 | or unemancipated child. |
13 | * * * |
14 | (10) No former member may appear before the board in any |
15 | hearing or proceeding or participate in any other activity on |
16 | behalf of any applicant, licensed entity, or an affiliate, |
17 | intermediary, subsidiary or holding company thereof, or any |
18 | other licensee or permittee for a period of two years from |
19 | the termination of term of office. |
20 | (11) No member, employee or independent contractor of |
21 | the board shall accept a complimentary service, wager or be |
22 | paid any prize from any wager at any licensed facility within |
23 | this Commonwealth or at any other facility outside this |
24 | Commonwealth which is owned or operated by a licensed gaming |
25 | entity or any of its affiliates, intermediaries, subsidiaries |
26 | or holding companies thereof for the duration of their term |
27 | of office, employment or contract with the board and for a |
28 | period of [one year] two years from the termination of term |
29 | of office, employment or contract with the board. The |
30 | provisions of this paragraph prohibiting wagering during the |
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1 | term of employment shall not apply to employees [who] when |
2 | the employees utilize slot machines for testing purposes or |
3 | to verify the performance of a machine as part of an |
4 | enforcement investigation. |
5 | * * * |
6 | (13) No employee of the board [or individual employed by |
7 | an independent contractor of the board] whose duties |
8 | substantially involve licensing[,] or enforcement [or], the |
9 | development or adoption of laws, regulations or policy or who |
10 | has other discretionary authority which may affect the |
11 | outcome of an action or decision under this part, including |
12 | the executive director, bureau directors and attorneys, shall |
13 | do any of the following: |
14 | (i) [accept] Accept employment with or be retained |
15 | by an applicant or licensed entity, or an affiliate, |
16 | intermediary, subsidiary or holding company thereof, for |
17 | a period of [one year] two years after the termination of |
18 | the employment relating to the conduct of gaming [or |
19 | contract with the board; or]. |
20 | (ii) [appear] Appear before the board in any hearing |
21 | or proceeding or participate in any other activity on |
22 | behalf of any applicant, licensee, permittee or licensed |
23 | entity, or an affiliate, intermediary, subsidiary or |
24 | holding company thereof, for a period of two years after |
25 | termination of the employment [or contract with the |
26 | board]. |
27 | (iii) As a condition of employment, an employee |
28 | under this paragraph shall sign an affidavit that the |
29 | employee will 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 thereof for a |
2 | period of two years from the termination of employment. |
3 | An applicant or licensed entity or an affiliate, |
4 | intermediary, subsidiary or holding company thereof shall |
5 | not employ or retain an individual who signed an |
6 | affidavit signed under this subparagraph. An applicant or |
7 | licensed entity or an affiliate, intermediary, subsidiary |
8 | or holding company that knowingly employs or retains an |
9 | individual in violation of this subparagraph shall be |
10 | subject to a penalty under section 1518(c) (relating to |
11 | prohibited acts; penalties). |
12 | (13.1) No independent contractor or individual employed |
13 | by an independent contractor of the board whose duties |
14 | substantially involve consultation relating to licensing, |
15 | enforcement or the development or adoption of regulations or |
16 | policy under this part shall: |
17 | (i) Accept employment with or be retained by an |
18 | applicant or a licensed entity or an affiliate, |
19 | intermediary, subsidiary or holding company thereof for a |
20 | period of one year after the termination of the contract |
21 | with the board. |
22 | (ii) Appear before the board in any hearing or |
23 | proceeding or participate in any other activity on behalf |
24 | of an applicant, licensee, permittee or licensed entity |
25 | or an affiliate, intermediary, subsidiary or holding |
26 | company of an applicant, licensee, permittee or licensed |
27 | entity for a period of two years after termination of the |
28 | contract with the board. |
29 | (iii) As a condition of a contract, an independent |
30 | contractor or individual employed by an independent |
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1 | contractor of the board under this paragraph shall sign |
2 | an affidavit to not accept employment with or be retained |
3 | by any applicant, licensed entity or an affiliate, |
4 | intermediary, subsidiary or holding company of an |
5 | applicant, licensed entity or affiliate for a period of |
6 | one year from the termination of employment. A licensed |
7 | entity or an affiliate, intermediary, subsidiary or |
8 | holding company of an applicant, licensed entity or |
9 | affiliate shall not employ or retain an individual who |
10 | signed an affidavit signed under this subparagraph. A |
11 | licensed entity or an affiliate, intermediary, subsidiary |
12 | or holding company thereof that knowingly employs or |
13 | retains an individual in violation of this subparagraph |
14 | shall be subject to a penalty under section 1518(c). |
15 | (14) Upon the written request of an employee of the |
16 | board, the executive branch of the Commonwealth or a |
17 | political subdivision or of the agency or political |
18 | subdivision employing an employee, the State Ethics |
19 | Commission shall determine whether the individual's duties |
20 | substantially involve the development or adoption of laws, |
21 | regulations or policy, licensing or enforcement under this |
22 | part or other discretionary authority which may affect the |
23 | outcome of an action or decision under this part and shall |
24 | provide a written determination to the employee to include |
25 | any prohibition under this paragraph. An individual who |
26 | relies in good faith on a determination under this paragraph |
27 | shall not be subject to any penalty for an action taken, |
28 | provided that all material facts set forth in the request for |
29 | a determination are correct. |
30 | (15) If a member[, employee or independent contractor] |
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1 | of the board violates any provision of this section, the |
2 | appointing authority [or the board may, upon notice and |
3 | hearing,] may remove the person from the board[, withdraw the |
4 | appointment or]. A member removed under this paragraph shall |
5 | be prohibited from future appointment to the board and shall |
6 | be prohibited from applying for a license or permit, from |
7 | becoming an independent contractor of the board, or |
8 | registering as a licensed entity representative for a period |
9 | of five years from the date of removal from the board. If an |
10 | employee or independent contractor of the board violates any |
11 | provision of this section, the board may, upon notice and |
12 | hearing, terminate the employment or contract, and the person |
13 | shall be ineligible for future [appointment,] employment or |
14 | contract with the board and [for approval of a license or |
15 | permit under this part for a period of two years thereafter] |
16 | shall be prohibited from applying for a license or permit, |
17 | becoming an independent contractor or registering as a |
18 | licensed entity representative for a period of five years |
19 | from the date of termination of the employment or contract. |
20 | * * * |
21 | (k) Appointments.--[The appointing authorities] Following |
22 | the initial appointment of members under subsection (b), the |
23 | appointing authority shall make [their initial] appointments |
24 | within 60 days of [the effective date of this part] a vacancy in |
25 | an office. No appointment shall be final until receipt by the |
26 | appointing authority of the required background investigation of |
27 | the appointee by the Pennsylvania State Police which shall be |
28 | completed within 30 days. No person who has been convicted in |
29 | any domestic or foreign jurisdiction of a felony, infamous crime |
30 | or gaming offense shall be appointed to the board. |
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1 | * * * |
2 | (m.1) Budgetary impasse.--If, in the event of a budgetary or |
3 | other fiscal crisis, the Governor implements a system in order |
4 | to ORDERS THE furlough OF employees or close THE CLOSING OF any |
5 | Commonwealth agency, the board and its employees and all |
6 | employees of the Department of Revenue, the Pennsylvania State |
7 | Police and the Office of Attorney General whose duties involve |
8 | the regulation and oversight of gaming under this part shall not |
9 | be subject to furlough but shall continue to perform their |
10 | duties. |
11 | * * * |
12 | Section 4. Section 1202(a)(4) and (b)(7), (23) and (30) of |
13 | Title 4 are amended and subsections (a) and (b) are amended by |
14 | adding paragraphs to read: |
15 | § 1202. General and specific powers. |
16 | (a) General powers.-- |
17 | * * * |
18 | [(4) The board shall establish a system of |
19 | classification and compensation of its employees and shall |
20 | not be subject to the provisions of the act of April 9, 1929 |
21 | (P.L.177, No.175), known as The Administrative Code of 1929, |
22 | as to classification and compensation for its employees and |
23 | conduct its activities consistent with the practices and |
24 | procedures of Commonwealth agencies.] |
25 | (4.1) Within 90 days of the effective date of this |
26 | paragraph, the board shall establish a system of |
27 | classification and compensation of its employees and shall be |
28 | subject to the provisions of the act of April 9, 1929 |
29 | (P.L.177, No.175), known as The Administrative Code of 1929, |
30 | as to classification and compensation for its employees and |
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1 | conduct its activities consistent with the practices and |
2 | procedures of Commonwealth agencies. The provisions of this |
3 | paragraph shall apply to employees hired after the effective |
4 | date of this paragraph. Nothing in this paragraph shall |
5 | prevent the board from altering a system, or establishing a |
6 | new system, of classification or compensation for employees |
7 | hired prior to the effective date of this section. |
8 | * * * |
9 | (b) Specific powers.--The board shall have the specific |
10 | power and duty: |
11 | * * * |
12 | (7) To administer oaths, examine witnesses and issue |
13 | subpoenas compelling the attendance of witnesses or the |
14 | production of documents and records or other evidence[. The |
15 | provisions of this paragraph shall apply to designated |
16 | officers and employees.], or to designate officers or |
17 | employees to perform these duties. |
18 | (7.1) To order a person to answer a question or produce |
19 | evidence of any kind. If, in the course of an investigation |
20 | or hearing conducted under this part, a person refuses to |
21 | answer a question or to produce evidence on the grounds that |
22 | the answer or evidence will expose the person to criminal |
23 | prosecution, the board may adopt a resolution recommending a |
24 | grant of immunity that includes the specific question to be |
25 | posed or information or evidence being sought from the person |
26 | as follows: |
27 | (i) The resolution shall be submitted to the |
28 | Attorney General for approval or disapproval within 20 |
29 | days of receipt of the resolution. Upon the written |
30 | approval of the Attorney General, the board may issue an |
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1 | order to compel the person to answer or produce evidence |
2 | with immunity. |
3 | (ii) If the person who is the subject of the |
4 | immunity order provides the answer or evidence, the |
5 | person shall be immune from criminal prosecution based on |
6 | the answer or evidence that was the subject of the |
7 | immunity order. |
8 | (iii) The person may be prosecuted for perjury |
9 | committed in the answer or production of evidence or held |
10 | in contempt for failing to give an answer or produce |
11 | evidence in accordance with the order. The answer or |
12 | evidence shall be admissible only against the person in a |
13 | criminal investigation, or a trial or other proceeding |
14 | for perjury or contempt. |
15 | (iv) Immunity under this paragraph shall not |
16 | preclude the use of any other remedy or sanction |
17 | authorized by law. |
18 | * * * |
19 | (23) The board shall not issue or renew a license or |
20 | permit unless it is satisfied that the applicant has |
21 | demonstrated by clear and convincing evidence that the |
22 | applicant is a person of good character, honesty and |
23 | integrity and is a person whose prior activities, criminal |
24 | record, if any, reputation, habits and associations do not |
25 | pose a threat to the public interest or the effective |
26 | regulation and control of slot machine operations or create |
27 | or enhance the danger of unsuitable, unfair or illegal |
28 | practices, methods and activities in the conduct of slot |
29 | machine operations or the carrying on of the business and |
30 | financial arrangements incidental thereto. |
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1 | * * * |
2 | (30) To promulgate rules and regulations necessary for |
3 | the administration and enforcement of this part, including |
4 | regulations in cooperation with the Pennsylvania Liquor |
5 | Control Board and regulations relating to the sale and |
6 | service of liquor and malt and brewed beverages by licensees. |
7 | [Except as provided in section 1203 (relating to temporary |
8 | regulations), regulations] Regulations shall be adopted |
9 | pursuant to the act of July 31, 1968 (P.L.769, No.240), |
10 | referred to as the Commonwealth Documents Law, and the act of |
11 | June 25, 1982 (P.L.633, No.181), known as the Regulatory |
12 | Review Act. |
13 | (31) To collect and post information on its Internet |
14 | website with sufficient detail to inform the public of the |
15 | controlling interest or ownership interest of an applicant |
16 | for a slot machine license or a licensed gaming entity or |
17 | affiliate, intermediary, subsidiary or holding company |
18 | thereof. The posting shall include: |
19 | (i) The names of all persons with a controlling |
20 | interest in a publicly traded domestic or foreign |
21 | corporation, partnership, limited liability company or |
22 | other legal entity. |
23 | (ii) The names of all persons who own a financial |
24 | equity share or interest with an ownership interest equal |
25 | to or greater than 1% of a privately held domestic or |
26 | foreign corporation, partnership, limited liability |
27 | company or other legal entity. |
28 | (iii) The name of a trustee entitled to cast the |
29 | vote of a person under subparagraph (i) or (ii). |
30 | (iv) The names of all officers, directors, |
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1 | principals and key employees of a licensed gaming entity. |
2 | (32) To appoint a trustee as prescribed in section 1332 |
3 | (relating to appointment of trustee) to act on behalf of the |
4 | Commonwealth and the board to operate a licensed facility and |
5 | ensure compliance with this part. |
6 | Section 5. Section 1202.1 of Title 4 is amended to read: |
7 | § 1202.1. Code of conduct. |
8 | (a) Scope.--The board shall adopt a comprehensive code of |
9 | conduct prior to the consideration of any license, permit or |
10 | registration application. The code of conduct shall supplement |
11 | all other requirements under this part and 65 Pa.C.S. Pt. II |
12 | (relating to accountability) and shall provide guidelines |
13 | applicable to members, employees, independent contractors of the |
14 | board and the immediate families of the members, as defined in |
15 | subsection (e), employees and independent contractors to enable |
16 | them to avoid any perceived or actual conflict of interest and |
17 | to promote public confidence in the integrity and impartiality |
18 | of the board. At a minimum, the code of conduct adopted under |
19 | this section shall include registration of licensed entity |
20 | representatives under subsection (b) and the restrictions under |
21 | [subsection (c)] subsections (c) and (c.1). |
22 | (b) Registration.-- |
23 | (1) A licensed entity representative shall register with |
24 | the board in a manner prescribed by the board, which shall |
25 | include the name, employer or firm, address, telephone number |
26 | of both the licensed entity representative and the [licensed |
27 | entity] applicant, licensee, permittee or registrant or |
28 | individual being represented. |
29 | (2) A licensed entity representative shall have an |
30 | [ongoing] affirmative duty to update its registration |
|
1 | information on an ongoing basis. |
2 | (3) The [registration list] board shall maintain a |
3 | registration list which shall contain the information |
4 | required under paragraph (1) and which shall be available for |
5 | public inspection at the offices of the board and on the |
6 | board's Internet website. |
7 | (c) Restrictions.--A member of the board shall: |
8 | (1) Not engage in any ex parte communication with any |
9 | person. |
10 | (2) Not accept any discount, gift, gratuity, |
11 | compensation, travel, lodging or other thing of value, |
12 | directly or indirectly, from any applicant, [licensee,] |
13 | licensed entity, including any affiliate, subsidiary, |
14 | intermediary or holding company thereof, permittee, |
15 | registrant or licensed entity representative thereof. |
16 | (3) Disclose and [disqualify] recuse himself from any |
17 | hearing or other proceeding in which the member's |
18 | objectivity, impartiality, integrity or independence of |
19 | judgment may be reasonably questioned due to the member's |
20 | relationship or association with a party connected to any |
21 | hearing or proceeding or a person appearing before the board. |
22 | (4) Refrain from any financial or business dealing which |
23 | would tend to reflect adversely on the member's objectivity, |
24 | impartiality or independence of judgment. |
25 | (5) Not hold or campaign for public office, hold an |
26 | office in any political party or political committee as |
27 | defined in section 1513(d)(relating to political influence), |
28 | contribute to or solicit contributions to a political |
29 | campaign, [party,] political party, political committee or |
30 | candidate, publicly endorse a candidate or actively |
|
1 | participate in a political campaign. |
2 | (6) Not solicit funds for any charitable, educational, |
3 | religious, health, fraternal, civic or other nonprofit entity |
4 | from an applicant, licensed entity or affiliate, subsidiary, |
5 | intermediary or holding company of a licensed entity, |
6 | interested party, permittee or licensed entity |
7 | representative. [A] Unless prohibited under § 1201(h)(4.1) |
8 | (relating to Pennsylvania Gaming Control Board established), |
9 | a board member may serve as an officer, employee or member of |
10 | the governing body of a nonprofit entity and may attend, make |
11 | personal contributions to and plan or preside over the |
12 | entity's fundraising events. A board member may permit his |
13 | name to appear on the letterhead used for fundraising events |
14 | if the letterhead contains only the board member's name and |
15 | position with the nonprofit entity. |
16 | (7) Not meet or engage in discussions with any |
17 | applicant, [person licensed under this part] licensed entity, |
18 | permittee, [or a] licensed entity representative or person |
19 | who provides goods, property or services to a slot machine |
20 | licensee unless the meeting or discussion occurs on the |
21 | business premises of the board and is recorded in a log |
22 | maintained for this purpose. The log shall be available for |
23 | public inspection during the regular business hours of the |
24 | board and shall be posted on the board's Internet website. |
25 | The log shall include the date and time of the meeting or |
26 | discussion, the names of the participants and the subject |
27 | matter discussed. The provisions of this paragraph shall not |
28 | apply to meetings [of the board] to consider matters |
29 | requiring the physical inspection of the equipment or |
30 | premises of an applicant or a licensed entity at [their] the |
|
1 | location of the licensed facility. |
2 | (8) Avoid impropriety and the appearance of impropriety |
3 | at all times and observe standards and conduct that promote |
4 | public confidence in the oversight of gaming. |
5 | (9) Comply with any other laws, rules or regulations |
6 | relating to the conduct of a member. |
7 | (c.1) Prohibitions.-- |
8 | (1) No member or attorney of the Office of Chief Counsel |
9 | advising the board on a particular licensing issue or |
10 | proceeding or employee whose duties relate to licensing and |
11 | who is advising the board on a particular licensing issue or |
12 | proceeding shall engage in any ex parte communication with |
13 | any person. |
14 | (2) No attorney representing the bureau or the Office of |
15 | Enforcement Counsel or an applicant, licensee or permittee in |
16 | any proceeding shall engage in an ex parte communication with |
17 | a member, an attorney of the Office of Chief Counsel advising |
18 | the board on a proceeding or a hearing officer of the board. |
19 | (3) No employee of the bureau or the Office of |
20 | Enforcement Counsel who is involved in a proceeding shall |
21 | engage in an ex parte communication with a member, an |
22 | attorney of the Office of Chief Counsel who is advising the |
23 | board on the proceeding or a hearing officer of the board. |
24 | (c.2) Procedures relating to ex parte communications.-- |
25 | (1) An ex parte communication received or engaged in by |
26 | a board member, employee or hearing officer shall be recorded |
27 | in a log maintained for this purpose. The log shall be |
28 | available for public inspection during the regular business |
29 | hours of the board and shall be posted on the board's |
30 | Internet website. The LOG SHALL INCLUDE: |
|
1 | (I) The individual recording the ex parte |
2 | communication. shall include: |
3 | (i) (ii) The date and time of the ex parte |
4 | communication. |
5 | (ii) The name of any other individual (iii) The |
6 | names of all individuals involved in the ex parte |
7 | communication. |
8 | (iii) (iv) The subject matter and substance of the |
9 | ex parte communication. |
10 | (2) In addition to documenting an ex parte communication |
11 | under paragraph (1), notification and an opportunity to |
12 | respond shall be provided to the following as follows: |
13 | (i) A board member or employee shall promptly notify |
14 | the board and all persons directly affected by the |
15 | anticipated vote or action of the board of the substance |
16 | of the communication. |
17 | (ii) A hearing officer shall promptly notify the |
18 | board and all parties to the proceeding before the |
19 | hearing officer of the substance of the communication. |
20 | (3) (i) A board member, employee or hearing officer who |
21 | received or engaged in an ex parte communication shall |
22 | recuse himself from any hearing or other proceeding |
23 | related to the ex parte communication if the context and |
24 | substance of the ex parte communication creates |
25 | substantial reasonable doubt as to the individual's |
26 | ability to act objectively, independently or impartially. |
27 | (ii) A board member, employee or hearing officer who |
28 | elects not to recuse himself based on an ex parte |
29 | communication shall state his reasons for doing so on the |
30 | record prior to the commencement of the hearing or |
|
1 | proceeding. |
2 | (iii) If a legislative appointee recuses himself |
3 | from any hearing or other proceeding under this section, |
4 | any qualified majority vote required under this part |
5 | shall consist of all of the remaining legislative |
6 | appointees and at least two gubernatorial appointees. |
7 | (iv) Failure of a hearing officer or employee to |
8 | recuse himself from a hearing or other proceeding due to |
9 | receipt of an ex parte communication under this section |
10 | shall be grounds for appeal to the board of the failure |
11 | to recuse. |
12 | (v) Failure of a board member to recuse himself from |
13 | a hearing or other proceeding due to receipt of an ex |
14 | parte communication under this section shall be grounds |
15 | for appeal of a decision to a court of competent |
16 | jurisdiction if the board action being appealed would not |
17 | have occurred without the participation of the board |
18 | member who received the ex parte communication. |
19 | (d) Ex officio members.--The restrictions under subsection |
20 | (c)(5) shall not apply to ex officio members. |
21 | (e) Definitions.--As used in this section, the following |
22 | words and phrases shall have the meanings given to them in this |
23 | subsection: |
24 | "Ex parte communication." An off-the-record communication |
25 | engaged in or received by a member [or], employee or hearing |
26 | officer of the board regarding the merits of or any fact in |
27 | issue relating to a pending matter before the board or which may |
28 | reasonably be expected to come before the board in a contested |
29 | on-the-record proceeding. The term shall not include off-the- |
30 | record communications by or between a member [or], employee or |
|
1 | hearing officer of the board, Department of Revenue, |
2 | Pennsylvania State Police, Attorney General or other law |
3 | enforcement official prior to the beginning of the proceeding |
4 | solely for the purpose of seeking clarification or correction to |
5 | evidentiary materials intended for use in the proceedings. |
6 | "Immediate family." The spouse, parents, children and |
7 | siblings and the spouses of any of those individuals. |
8 | ["Licensed entity representative." A person acting on behalf |
9 | of or representing the interest of any applicant, licensee, |
10 | permittee or registrant, including an attorney, agent or |
11 | lobbyist, regarding any matter which may reasonably be expected |
12 | to come before the board.] |
13 | Section 6. Title 4 is amended by adding a section to read: |
14 | § 1202.2. Expenses of the Pennsylvania Gaming Control Board. |
15 | Members and employees of the board shall only be reimbursed |
16 | for actual and reasonable expenses incurred during the |
17 | performance of their duties. In order to receive reimbursement |
18 | for an expense in excess of $10, the member or employee shall |
19 | submit a receipt validating the expense incurred. |
20 | Reimbursements, allowances or other payments in an amount |
21 | greater than the expenses for which receipts are submitted are |
22 | prohibited. Receipts and requests for reimbursement shall be |
23 | financial records for purposes of the act of February 14, 2008 |
24 | (P.L.6, No.3), known as the Right-to-Know Law. |
25 | Section 7. Section 1205(b)(1) and (2) of Title 4 are amended |
26 | and the subsection is amended by adding paragraphs to read: |
27 | § 1205. License or permit application hearing process; public |
28 | input hearings. |
29 | * * * |
30 | (b) Public input hearing requirement.-- |
|
1 | (1) [Prior to licensing a facility under this part, the |
2 | board shall hold at least one public input hearing on the |
3 | matter.] The board shall hold at least one public input |
4 | hearing prior to: |
5 | (i) Licensing a facility. |
6 | (ii) Approving the structural redesign of a licensed |
7 | facility located in a city of the first class. |
8 | (2) All public input hearings [relating to an |
9 | application for a slot machine license] under paragraph (1) |
10 | shall be held in the municipality where the licensed facility |
11 | will be, or is, located and shall be organized in cooperation |
12 | with the municipality. |
13 | * * * |
14 | (4) In addition to any witnesses scheduled to testify |
15 | under paragraph (3), the board shall establish a public |
16 | comment period during which time members of the public may |
17 | address the board regarding the proposed license or |
18 | structural redesign under paragraph (1). The board, in its |
19 | discretion, may place reasonable time limits on an |
20 | individual's comments. |
21 | Section 8. Sections 1206(f), 1207(4), 1208(1)(i) and (ii) |
22 | and 1209(b) of Title 4 are amended to read: |
23 | § 1206. Board minutes and records. |
24 | * * * |
25 | (f) Confidentiality of information.--[All] |
26 | (1) The following information submitted by an applicant |
27 | or licensee pursuant to section 1310(a) (relating to slot |
28 | machine license application character requirements) or |
29 | 1308(a.1) (relating to applications for license or permit) or |
30 | obtained by the board or the bureau as part of a background |
|
1 | or other investigation from any source shall be [considered] |
2 | confidential[.] and withheld from public disclosure: |
3 | (i) All information relating to good character, |
4 | honesty and integrity, including family, habits, |
5 | reputation, history of criminal activity, business |
6 | activities, financial affairs and business, professional |
7 | and personal associations submitted under section 1310(a) |
8 | or 1308(a.1) or otherwise obtained by the board or the |
9 | bureau. |
10 | (ii) Nonpublic personal information, including |
11 | telephone numbers, Social Security numbers, educational |
12 | records, memberships, medical records, tax returns and |
13 | declarations, actual or proposed compensation, financial |
14 | account records, creditworthiness or a financial |
15 | condition relating to an applicant, licensee or permittee |
16 | or the immediate family thereof. |
17 | (iii) Documents and information relating to |
18 | proprietary information, trade secrets, patents or |
19 | exclusive licenses, architectural and engineering plans |
20 | and information relating to competitive marketing |
21 | materials and strategies, which may include customer- |
22 | identifying information or customer prospects for |
23 | services subject to competition. |
24 | (iv) Security information, including risk prevention |
25 | plans, detection and countermeasures, location of count |
26 | rooms, emergency management plans, security and |
27 | surveillance plans, equipment and usage protocols and |
28 | theft and fraud prevention plans and countermeasures. |
29 | (v) Information with respect to which there is a |
30 | reasonable possibility that public release or inspection |
|
1 | of the information would constitute an unwarranted |
2 | invasion into personal privacy of any individual as |
3 | determined by the board. |
4 | (vi) Records of an applicant or licensee not |
5 | required to be filed with the Securities and Exchange |
6 | Commission by issuers that either have securities |
7 | registered under section 12 of the Securities Exchange |
8 | Act of 1934 (48 Stat. 881, 15 U.S.C. § 78a et seq.) or |
9 | are required to file reports under section 15(d) of the |
10 | Securities Exchange Act of 1934. |
11 | (vii) Records considered nonpublic matters or |
12 | information by the Securities and Exchange Commission as |
13 | provided by 17 CFR 200.80 (relating to commission records |
14 | and information). |
15 | (viii) Any financial information deemed confidential |
16 | by the board upon a showing of good cause by the |
17 | applicant or licensee. |
18 | (2) No claim of confidentiality shall be made regarding |
19 | any information from a criminal history record check that is |
20 | available to the public under 18 Pa.C.S. Ch. 91 (relating to |
21 | criminal history record information) or § 9121(b) (relating |
22 | to noncriminal justice agencies and individuals). |
23 | (3) This subsection shall not apply to any information |
24 | that is otherwise publicly available in this Commonwealth or |
25 | another jurisdiction. |
26 | (2) (4) Except as provided in section 1517(f) (relating |
27 | to [investigation] investigations and enforcement), the |
28 | confidential information shall be withheld from public |
29 | disclosure in whole or in part, except that any confidential |
30 | information shall be released upon the lawful order of a |
|
1 | court of competent jurisdiction or, with the approval of the |
2 | Attorney General, to a duly authorized law enforcement agency |
3 | or shall be released to the public, in whole or in part, to |
4 | the extent that such release is requested by an applicant and |
5 | does not otherwise contain confidential information about |
6 | another person. |
7 | (3) (5) The board may seek a voluntary waiver of |
8 | confidentiality from an applicant or licensed entity but may |
9 | not require any applicant or licensed entity to waive any |
10 | confidentiality provided for in this subsection as a |
11 | condition for the approval of a license or any other action |
12 | of the board. Any [person who violates this subsection] |
13 | current or former board member employee or contractor who |
14 | publicly discloses confidential information in violation of |
15 | this subsection commits a misdemeanor and shall be |
16 | administratively disciplined by discharge, suspension, |
17 | termination of contract or other formal disciplinary action |
18 | as the board deems appropriate. |
19 | * * * |
20 | § 1207. Regulatory authority of board. |
21 | The board shall have the power and its duties shall be to: |
22 | * * * |
23 | (4) Require that each licensed entity provide to the |
24 | board its audited annual financial statements, with such |
25 | additional detail as the board from time to time shall |
26 | require, which information shall be submitted not later than |
27 | [60] 90 days after the end of the licensee's fiscal year. |
28 | * * * |
29 | § 1208. Collection of fees and fines. |
30 | The board has the following powers and duties: |
|
1 | (1) To levy and collect fees from the various |
2 | applicants, licensees and permittees to fund the operations |
3 | of the board. The fees shall be deposited into the State |
4 | Gaming Fund as established in section 1403 (relating to |
5 | establishment of State Gaming Fund and net slot machine |
6 | revenue distribution) and distributed to the board upon |
7 | appropriation by the General Assembly. In addition to the |
8 | fees set forth in sections 1209 (relating to slot machine |
9 | license fee) and 1305 (relating to Category 3 slot machine |
10 | license), the board shall assess and collect fees as follows: |
11 | (i) Supplier licensees shall pay a fee of $25,000 |
12 | upon the issuance of a license and $10,000 for the annual |
13 | renewal of a supplier license. When the renewal period |
14 | under section 1317(c)(1) (relating to supplier licenses) |
15 | is three years, the fee shall be $30,000 for the renewal. |
16 | (ii) Manufacturer licensees shall pay a fee of |
17 | $50,000 upon the issuance of a license and $25,000 for |
18 | the annual renewal of a manufacturer license. When the |
19 | renewal period under section 1317.1(c)(1) (relating to |
20 | manufacturer licenses) is three years, the fee shall be |
21 | $75,000 for the renewal. |
22 | * * * |
23 | § 1209. Slot machine license fee. |
24 | * * * |
25 | (b) Term.--A slot machine license, after payment of the fee, |
26 | shall be in effect unless suspended, revoked or not renewed by |
27 | the board upon good cause consistent with the license |
28 | requirements as provided for in this part. Slot machine |
29 | licensees shall be required to update the information in their |
30 | initial applications annually, and the license of a licensee in |
|
1 | good standing shall be updated and renewed annually for two |
2 | subsequent years following the initial license issuance. |
3 | Thereafter, license renewals shall be every three years. As to |
4 | the renewal of a license, no additional license fee pursuant to |
5 | subsection (a) shall be required. |
6 | * * * |
7 | Section 9. Section 1211 of Title 4 is amended by adding a |
8 | subsection to read: |
9 | § 1211. Reports of board. |
10 | * * * |
11 | (a.1) Expenses.--Beginning 30 days after the effective date |
12 | of this subsection, the board shall post by the fifteenth of |
13 | each month on its Internet website a list of all its itemized |
14 | expenses of employees and members for the preceding month. The |
15 | list shall identify the nature of the expense and the employee |
16 | or board member to which an expense is attributable. The list |
17 | shall include each expense for which a receipt is submitted to |
18 | obtain reimbursement. If the expense is directly attributable to |
19 | or paid by a licensed facility, the list shall identify the |
20 | facility. By October 1 of each year, a final report of all |
21 | expenses for the preceding fiscal year shall be posted on the |
22 | board's Internet website and shall be transmitted to the |
23 | Appropriations Committee of the Senate, the Community, Economic |
24 | and Recreational Development Committee of the Senate, the |
25 | Appropriations Committee of the House of Representatives and the |
26 | Gaming Oversight Committee of the House of Representatives. |
27 | * * * |
28 | Section 10. Section 1213 of Title 4 is amended to read: |
29 | § 1213. License or permit prohibition. |
30 | (1) [No applicant for a license or permit under this |
|
1 | part, including principals and key employees,] The board |
2 | shall be prohibited from granting a principal license or key |
3 | employee license to a person who has been convicted of a |
4 | felony [or gambling offense] in any jurisdiction [shall be |
5 | issued a license or permit unless 15 years has elapsed from |
6 | the date of expiration of the sentence for the offense]. |
7 | (2) [When determining whether to issue a license or |
8 | permit to an applicant who has been convicted in any |
9 | jurisdiction of a felony or gambling offense,] In addition to |
10 | the prohibition under paragraph (1), the board shall be |
11 | prohibited from granting the following: |
12 | (i) A principal license or key employee license to a |
13 | person who has been convicted of a gambling offense in |
14 | any jurisdiction that is not classified as a felony |
15 | unless 15 years has elapsed from the date of the |
16 | expiration of the sentence for the offense. |
17 | (ii) A gaming employee permit or license other than |
18 | a principal license or key employee license to a person |
19 | who has been convicted of a felony or gambling offense in |
20 | any jurisdiction unless 15 years has elapsed from the |
21 | date of the expiration of the sentence for the offense. |
22 | (3) In determining whether to issue a license or permit |
23 | under paragraph (2), the board shall consider the following |
24 | factors: |
25 | [(1)] (i) The nature and duties of the applicant's |
26 | position with the licensed entity. |
27 | [(2)] (ii) The nature and seriousness of the offense |
28 | or conduct. |
29 | [(3)] (iii) The circumstances under which the |
30 | offense or conduct occurred. |
|
1 | [(4)] (iv) The age of the applicant when the offense |
2 | or conduct was committed. |
3 | [(5)] (v) Whether the offense or conduct was an |
4 | isolated or a repeated incident. |
5 | [(6)] (vi) Any evidence of rehabilitation, including |
6 | good conduct in the community, counseling or psychiatric |
7 | treatment received and the recommendation of persons who |
8 | have substantial contact with the applicant. |
9 | Section 10.1. Section 1308 of Title 4 is amended by adding a |
10 | subsection to read: |
11 | § 1308. Applications for license or permit. |
12 | * * * |
13 | (a.1) Submission of information.--Notwithstanding the |
14 | provisions of 18 Pa.C.S. § 9124(b) (relating to use of records |
15 | by licensing agencies), an application for a license or permit |
16 | under this part shall include all arrests and convictions of the |
17 | applicant, including summary offenses. The information shall |
18 | include: |
19 | (1) A brief description of the circumstances surrounding |
20 | the arrest. |
21 | (2) The specific offense charged. |
22 | (3) The ultimate disposition of the charges, including |
23 | the details of any dismissal, plea bargain, conviction or |
24 | sentence, including any pardon, expungement or order of |
25 | Accelerated Rehabilitative Disposition. |
26 | * * * |
27 | Section 10.2. Sections 1310, 1317(c)(1), 1317.1(c)(1), |
28 | 1321(a)(2), 1326(a), 1328(b) 1328(A)(1) and (B) and 1329 of |
29 | Title 4 are amended to read: |
30 | § 1310. Slot machine license application character |
|
1 | requirements. |
2 | (a) Application.-- |
3 | (1) Every application for a slot machine license shall |
4 | include such information, documentation and assurances as may |
5 | be required to establish by clear and convincing evidence the |
6 | applicant's suitability, including good character, honesty |
7 | and integrity. Information shall include, without limitation, |
8 | information pertaining to family, habits, character, |
9 | reputation, criminal history background, business activities, |
10 | financial affairs and business, professional and personal |
11 | associates, covering at least the ten-year period immediately |
12 | preceding the filing date of the application. |
13 | (2) Notwithstanding 18 Pa.C.S. § 9124(b) (relating to |
14 | use of records by licensing agencies), a conviction that has |
15 | been expunged or overturned, or for which a person has been |
16 | pardoned or an order of Accelerated Rehabilitative |
17 | Disposition has been issued, shall be included with an |
18 | application and shall be considered by the board as part of |
19 | the review of the applicant's suitability under paragraph |
20 | (1). |
21 | (b) Civil judgments and law enforcement agency |
22 | information.--Each applicant shall notify the board of any civil |
23 | judgments obtained against the applicant pertaining to antitrust |
24 | or security regulation laws of the Federal Government, this |
25 | Commonwealth or any other state, jurisdiction, province or |
26 | country. In addition, each applicant shall produce a letter of |
27 | reference from law enforcement agencies having jurisdiction in |
28 | the applicant's place of residence and principal place of |
29 | business, which letter of reference shall indicate that the law |
30 | enforcement agencies do not have any pertinent information |
|
1 | concerning the applicant or, if the law enforcement agency does |
2 | have information pertaining to the applicant, shall specify the |
3 | nature and content of that information. If no letters are |
4 | received within 30 days of the request, the applicant may submit |
5 | a statement under oath which is subject to the penalty for false |
6 | swearing under 18 Pa.C.S. § 4903 (relating to false swearing) |
7 | that the applicant is or was during the period the activities |
8 | were conducted in good standing with the gaming or casino |
9 | enforcement or control agency. |
10 | (c) Gaming or casino enforcement agency information.--If the |
11 | applicant has held a gaming license in a jurisdiction where |
12 | gaming activities are permitted, the applicant shall produce a |
13 | letter of reference from the gaming or casino enforcement or |
14 | control agency which shall specify the experiences of that |
15 | agency with the applicant, the applicant's associates and the |
16 | applicant's gaming operation. If no letters are received within |
17 | 30 days of the request, the applicant may submit a statement |
18 | under oath which is subject to the penalty for false swearing |
19 | under 18 Pa.C.S. § 4903 that the applicant is or was during the |
20 | period the activities were conducted in good standing with the |
21 | gaming or casino enforcement or control agency. |
22 | (d) Agency records.--Each applicant for a slot machine |
23 | license, principal license or key employee license shall be |
24 | required to apply to the Federal Government regarding agency |
25 | records under the Freedom of Information Act (Public Law 89-554, |
26 | 5 U.S.C. § 522) pertaining to the applicant and provide the |
27 | board with the complete record received from the Federal |
28 | Government. The board may issue a conditional license to the |
29 | applicant prior to the receipt of information under this |
30 | subsection. |
|
1 | § 1317. Supplier licenses. |
2 | * * * |
3 | (c) Review and approval.--Upon being satisfied that the |
4 | requirements of subsection (b) have been met, the board may |
5 | approve the application and issue the applicant a supplier |
6 | license consistent with all of the following: |
7 | (1) [The license shall be for a period of one year. Upon |
8 | expiration, the license may be renewed in accordance with |
9 | subsection (d)] The initial license shall be for a period of |
10 | one year and shall be subject to renewal annually under |
11 | subsection (d) for two consecutive one-year periods following |
12 | the initial issuance. Thereafter, a license shall be subject |
13 | to renewal every three years. Nothing in this paragraph shall |
14 | relieve the licensee of the affirmative duty to notify the |
15 | board of changes to any information contained in the original |
16 | application. |
17 | * * * |
18 | § 1317.1. Manufacturer licenses. |
19 | * * * |
20 | (c) Review and approval.--Upon being satisfied that the |
21 | requirements of subsection (b) have been met, the board may |
22 | approve the application and grant the applicant a manufacturer |
23 | license consistent with all of the following: |
24 | (1) [The license shall be for a period of one year. Upon |
25 | expiration, a license may be renewed in accordance with |
26 | subsection (d)] The initial license shall be for a period of |
27 | one year and shall be subject to renewal annually under |
28 | subsection (d) for two consecutive one-year periods following |
29 | the initial issuance. Thereafter, a license shall be subject |
30 | to renewal every three years. Nothing in this paragraph shall |
|
1 | relieve the licensee of the affirmative duty to notify the |
2 | board of any changes relating to the status of its license or |
3 | relieve the licensee of its responsibility to notify the |
4 | board of changes to any information contained in the original |
5 | application. |
6 | * * * |
7 | § 1321. Additional licenses and permits and approval of |
8 | agreements. |
9 | (a) Requirements.--In addition to the requirements for a |
10 | license or permit specifically set forth in this part, the board |
11 | may require a license [or], permit or other authorization, and |
12 | set a fee for the same, for any key or gaming employee or any |
13 | person who satisfies any of the following criteria: |
14 | * * * |
15 | (2) The person is presently not [otherwise] required to |
16 | be licensed or permitted under this part and provides any |
17 | goods, property or services, including, but not limited to, |
18 | management contracts for compensation to a slot machine |
19 | licensee at the licensed facility. The board may by |
20 | regulation establish a classification system for a person who |
21 | provides goods, property or services to a slot machine |
22 | licensee. If the classification system requires the person |
23 | providing goods, property or services to submit to a criminal |
24 | history record check under 18 Pa.C.S. Ch. 91 (relating to |
25 | criminal history record information), the board shall notify |
26 | the slot machine licensee if the person providing goods, |
27 | property or services has been convicted of a felony or |
28 | gambling offense. |
29 | * * * |
30 | § 1326. License renewals. |
|
1 | (a) Renewal.--All permits and licenses issued under this |
2 | part unless otherwise provided shall be subject to renewal on an |
3 | annual basis [upon the application of the holder of the permit |
4 | or license submitted to the board at least 60 days prior to the |
5 | expiration of the permit or license] for the first two years |
6 | following the initial issuance. Thereafter, all permits and |
7 | licenses shall be subject to renewal every three years. The |
8 | application for renewal shall be submitted at least 60 days |
9 | prior to the expiration of the permit or license and shall |
10 | include an update of the information contained in the initial |
11 | and any prior renewal applications and the payment of any |
12 | renewal fee required by this part. A permit or license for which |
13 | a completed renewal application and fee, if required, has been |
14 | received by the board will continue in effect unless and until |
15 | the board sends written notification to the holder of the permit |
16 | or license that the board has denied the renewal of such permit |
17 | or license. |
18 | * * * |
19 | § 1328. Change in ownership or control of slot machine |
20 | licensee. |
21 | * * * |
22 | (a) Notification and approval.-- |
23 | (1) A slot machine licensee shall notify the board |
24 | [prior to or] immediately upon becoming aware of any proposed |
25 | or contemplated change of ownership of the slot machine |
26 | licensee by a person or group of persons acting in concert |
27 | which involves any of the following: |
28 | (i) More than 5% of a slot machine licensee's |
29 | securities or other ownership interests. |
30 | (ii) More than 5% of the securities or other |
|
1 | ownership interests of a corporation or other form of |
2 | business entity that owns directly or indirectly at least |
3 | 20% of the voting or other securities or other ownership |
4 | interests of the licensee. |
5 | (iii) The sale other than in the ordinary course of |
6 | business of a licensee's assets. |
7 | (iv) Any other transaction or occurrence deemed by |
8 | the board to be relevant to license qualifications. |
9 | * * * |
10 | (b) Qualification of purchaser of slot machine licensee; |
11 | change of control.--The purchaser of the slot machine license or |
12 | assets, other than in the ordinary course of business, of any |
13 | slot machine licensee shall independently qualify for a license |
14 | in accordance with this part and shall pay the license fee as |
15 | required by section 1209 (relating to slot machine license fee). |
16 | A change in control of any slot machine licensee shall require |
17 | that the slot machine licensee independently qualify for a |
18 | license in accordance with this part, and the slot machine |
19 | licensee shall pay a new license fee as required by section |
20 | 1209, except as otherwise required by the board pursuant to this |
21 | section. The new license fee under this section shall be paid |
22 | upon the assignment and actual change of control or ownership of |
23 | the slot machine license. |
24 | * * * |
25 | § 1329. [Nonportability] Portability and relocation of slot |
26 | machine license. |
27 | (a) General rule.--Each slot machine license shall only be |
28 | valid for the specific physical location within the municipality |
29 | and county for which it was originally granted. |
30 | (b) Petition.--In evaluating a petition to relocate, the |
|
1 | board shall consider the following factors: |
2 | (1) The reason for the relocation. |
3 | (2) A comparative analysis, submitted by the petitioner, |
4 | detailing estimated gross terminal revenues at the new |
5 | location with estimated gross terminal revenues at the |
6 | original location. |
7 | (3) A comparative analysis, submitted by the petitioner, |
8 | detailing the economic impact of the licensed facility at the |
9 | new location with the estimated economic impact at the |
10 | original location. The comparative analysis shall include the |
11 | total cost of the project and projected direct and indirect |
12 | employment figures. |
13 | (4) A comprehensive traffic study commissioned by the |
14 | board. |
15 | (5) Community support or opposition. |
16 | (6) Any other information requested by the board. |
17 | (c) Relocation.--A [No] slot machine licensee [shall] may be |
18 | permitted to move or relocate the physical location of the |
19 | licensed facility [without] with board approval [for] upon good |
20 | cause shown if: |
21 | (1) the relocated licensed facility remains within the |
22 | same county as originally licensed; |
23 | (2) the relocation will facilitate the timely operation |
24 | of slot machines; |
25 | (3) the relocated licensed facility complies with all |
26 | other provisions of this part related to the siting and |
27 | location of a licensed facility; and |
28 | (4) relocation of the licensed facility is in the best |
29 | interests of the Commonwealth. |
30 | (d) Public input hearing.--The board shall hold at least one |
|
1 | public input hearing in the municipality where the licensed |
2 | facility will be located prior to approval of the relocation. |
3 | (e) No grant or loan from the Commonwealth may be awarded |
4 | for the purpose of relocating or developing the relocated |
5 | licensed facility to comply with any conditions of approval of |
6 | the relocation. |
7 | Section 11. Title 4 is amended by adding a section to read: |
8 | § 1332. Appointment of trustee. |
9 | (a) Appointment.--Upon petition of the Office of Enforcement |
10 | Counsel, the board may order the appointment of a trustee from |
11 | the list required under subsection (j) to act on behalf of the |
12 | interests of the Commonwealth and the board to assure compliance |
13 | with this part and any conditions imposed upon the slot machine |
14 | license in the following circumstances: |
15 | (1) Upon the revocation, suspension or nonrenewal of a |
16 | slot machine license or a principal license of an individual |
17 | who the board has determined controls a slot machine license |
18 | if the principal licensee is the only principal who exercises |
19 | operational control of the licensed facility. |
20 | (2) Upon the failure to renew a slot machine license or |
21 | a principal license of an individual who the board has |
22 | determined controls a slot machine licensee if the principal |
23 | licensee is the only principal who exercises operational |
24 | control of the licensed facility until the slot machine or |
25 | principal license is renewed or until the discontinuation of |
26 | the trusteeship pursuant to subsection (i). |
27 | (3) If necessary to protect the best interests of the |
28 | Commonwealth. |
29 | (b) Qualifications.--The following shall apply: |
30 | (1) A trustee shall be required to obtain a principal |
|
1 | license. The board may appoint a trustee and award the |
2 | trustee a temporary principal license as prescribed in board |
3 | regulations. |
4 | (2) Before assuming duties, a trustee shall execute and |
5 | file a bond for the faithful performance of the trustee's |
6 | duties. The bond shall be payable to the board with sureties |
7 | and in the amount and form as required by board order. The |
8 | cost of the bond shall be paid by the former or suspended |
9 | licensee. |
10 | (c) Powers.--A trustee appointed under this section shall |
11 | have all of the power and duties granted to exercise only those |
12 | powers and perform those duties expressly conferred upon the |
13 | trustee by the board. The board's order appointing the trustee |
14 | shall set forth the powers, duties and responsibilities of the |
15 | trustees which may include: |
16 | (1) Maintaining and operating the licensed facility in a |
17 | manner that complies with this part and any conditions |
18 | imposed by the board. |
19 | (2) Maintaining and operating the licensed facility |
20 | consistent with the measures generally taken in the ordinary |
21 | course of business including: |
22 | (i) Entering into contracts. |
23 | (ii) Borrowing money. |
24 | (iii) Pledging, mortgaging or otherwise encumbering |
25 | the licensed facility or property thereof as security for |
26 | the repayment of the trustee's loans subject to any |
27 | provisions and restrictions in any existing credit |
28 | documents. |
29 | (iv) Hiring, firing and disciplining employees. |
30 | (3) Exercising the rights and obligations of the former |
|
1 | or suspended licensee. |
2 | (4) Taking possession of all of the property of the slot |
3 | machine licensee, including its books, records and papers. |
4 | (5) Establishing accounts with financial institutions. |
5 | An account may not be established with a financial |
6 | institution in which an affiliate of the former or suspended |
7 | licensee, or in which the trustee, has a financial |
8 | controlling interest. |
9 | (6) Meeting with the former or suspended licensee. |
10 | (7) Meeting with principals and key employees at the |
11 | licensed facility. |
12 | (8) Meeting with the independent audit committee. |
13 | (9) Meeting with the board's executive director and |
14 | keeping the board's executive director apprised of actions |
15 | taken and the trustee's plans and goals for the future. |
16 | (10) Hiring legal counsel, accountants or other |
17 | consultants or assistants, with prior approval of the board, |
18 | as necessary to carry out the trustee's duties and |
19 | responsibilities. |
20 | (11) Settling or compromising with any debtor or |
21 | creditor of the former or suspended licensee, including any |
22 | taxing authority. |
23 | (12) Reviewing outstanding agreements to which the |
24 | former or suspended licensee is a party and advising the |
25 | board as to which, if any, of the agreements should be the |
26 | subject of scrutiny, examination or investigation by the |
27 | board. |
28 | (13) Obtaining board approval prior to any sale, change |
29 | of ownership, change of control, change of financial status, |
30 | restructuring, transfer of assets or execution of a contract |
|
1 | or any other action taken outside of the ordinary course of |
2 | business. |
3 | (14) Obtaining board approval for any payments outside |
4 | of those made in the ordinary course of business. |
5 | Notwithstanding any provision contained in this subsection to |
6 | the contrary, the trustee shall have the duty to conserve and |
7 | preserve the assets of the licensed entity. |
8 | (d) Compensation.--The board shall establish the |
9 | compensation of the trustee and shall review and approve actual |
10 | and reasonable costs and expenses of the trustee, legal counsel, |
11 | accountants or other consultants or assistants hired by the |
12 | trustee and other persons the board may appoint in connection |
13 | with the trusteeship action. The compensation, costs and |
14 | expenses shall be paid by the former or suspended licensee. |
15 | Total compensation for the trustee and all individuals hired or |
16 | retained by the trustee under subsection (c)(10) shall not |
17 | exceed $600 per hour in the aggregate. |
18 | (e) Reports.--A trustee shall file reports with regard to |
19 | the administration of the trusteeship with the board in the form |
20 | and at intervals as the board orders. The board may direct that |
21 | copies or portions of the trustee's reports be mailed to |
22 | creditors or other parties in interest and make summaries of the |
23 | reports available to the public and shall post them on the |
24 | board's Internet website. |
25 | (f) Review of actions.--A creditor or party in interest |
26 | aggrieved by any alleged breach of a delegated power or duty of |
27 | a trustee in the discharge of the trustee's duties may request a |
28 | review of the trustee's action or inaction by filing a petition |
29 | in accordance with board regulations. The petition must set |
30 | forth in detail the pertinent facts and the reasons why the |
|
1 | facts constitute the alleged breach. The board will review any |
2 | petition filed under this section and take whatever action, if |
3 | any, it deems appropriate. |
4 | (g) Effect of the trusteeship.--After issuance of an order |
5 | to appoint a trustee, the former or suspended principal or slot |
6 | machine licensee may not exercise any of its privileges, collect |
7 | or receive any debts and pay out, sell, assign or transfer any |
8 | of its property to anyone without prior approval of the |
9 | appointed trustee and the board. |
10 | (h) Disposition of net earnings income.--During the period |
11 | of trusteeship, net earnings income shall be deposited in an |
12 | escrow account maintained for that purpose. Payment of net |
13 | earnings income during the period of trusteeship may not be made |
14 | by the trustee without the prior approval of the board. A |
15 | suspended or former principal or slot machine licensee may |
16 | request payment distribution of all or a portion of the net |
17 | earnings income during the period of trusteeship by filing a |
18 | petition in accordance with board regulation. The suspended or |
19 | former principal or slot machine licensee shall have the burden |
20 | of demonstrating good cause for the payment distribution of the |
21 | net earnings income requested. |
22 | (i) Discontinuation.--The board may issue an order to |
23 | discontinue a trusteeship when: |
24 | (1) The board determines that the cause for which the |
25 | trustee was appointed no longer exists. |
26 | (2) The trustee has, with the prior approval of the |
27 | board, consummated the sale, assignment, conveyance or other |
28 | disposition of all the property or interest of the former |
29 | principal or slot machine licensee relating to the slot |
30 | machine license. |
|
1 | Upon board approval of the discontinuation of the trusteeship, |
2 | the trustee shall, in an orderly manner, transfer the property |
3 | of the former or suspended principal or slot machine licensee. |
4 | (j) List of approved trustees.--The board shall promulgate |
5 | regulations to establish a list of persons approved by the board |
6 | qualified to serve as a trustee. At a minimum, the regulations |
7 | shall provide for the following: |
8 | (1) The minimum qualifications an individual must |
9 | possess to be approved as a trustee, which shall include |
10 | possession of a principal license. |
11 | (2) The procedure for placement on or removal from the |
12 | list. |
13 | (3) Any other information the board deems necessary to |
14 | carry out the intent of this section. |
15 | Section 12. Section 1407 of Title 4 is amended by adding |
16 | subsections to read: |
17 | § 1407. Pennsylvania Gaming Economic Development and Tourism |
18 | Fund. |
19 | * * * |
20 | (e) Annual report.--The Office of the Budget in cooperation |
21 | with the Department of Community and Economic Development shall |
22 | submit an annual report of all distribution of funds under this |
23 | section to the chairman and minority chairman of the |
24 | Appropriations Committee of the Senate, the chairman and |
25 | minority chairman of the Community, Economic and Recreational |
26 | Development Committee of the Senate, the chairman and minority |
27 | chairman of the Appropriations Committee of the House of |
28 | Representatives and the chairman and minority chairman of the |
29 | Gaming Oversight Committee of the House of Representatives. The |
30 | report shall include detailed information relating to transfers |
|
1 | made from the Pennsylvania Gaming Economic Development and |
2 | Tourism Fund and all reimbursements, distributions and payments |
3 | made under subsection (b) or the act of July 25, 2007 (P.L.342, |
4 | No.53), known as Pennsylvania Gaming Economic Development and |
5 | Tourism Fund Capital Budget Itemization Act of 2007. The report |
6 | shall be submitted by January 31, 2010, and by January 31 of |
7 | each year thereafter. |
8 | (f) Local report.--A city of the first class, city of the |
9 | second class, county of the second class, convention center or |
10 | convention center authority, professional hockey franchise |
11 | sports and exhibition authority of a county of the second class, |
12 | urban redevelopment authority, airport authority or other entity |
13 | that receives money from the fund pursuant to an Economic |
14 | Development Capital Budget under this section subsection (b) or |
15 | the act of July 25, 2007 (P.L.342, No.53), known as Pennsylvania |
16 | Gaming Economic Development and Tourism Fund Capital Budget |
17 | Itemization Act of 2007, shall submit an annual report to the |
18 | Office of the Budget, the chairman and minority chairman of the |
19 | Appropriations Committee of the Senate, the chairman and |
20 | minority chairman of the Community, Economic and Recreational |
21 | Development Committee of the Senate, the chairman and minority |
22 | chairman of the Appropriations Committee of the House of |
23 | Representatives and the chairman and the minority chairman of |
24 | the Gaming Oversight Committee of the House of Representatives. |
25 | The report shall include detailed information, including records |
26 | of expenditures, payments and other distributions made from |
27 | money received under subsection (b). The initial report shall |
28 | include information on all funds received prior to January 31, |
29 | 2010. The report shall be submitted by January 31, 2010, and by |
30 | January 31 of each year thereafter until all funds under this |
|
1 | section are distributed or received. An entity that receives |
2 | funds after the effective date of this section shall submit an |
3 | initial report by January 31 of the year following receipt of |
4 | the funds. |
5 | (g) Distribution to international airport.--Notwithstanding |
6 | the provisions of section 7(d) of the act of July 25, 2007 |
7 | (P.L.342, No.53), known as the Pennsylvania Gaming Economic |
8 | Development and Tourism Fund Capital Budget Itemization Act of |
9 | 2007, following the distribution of $42.5 million of funds |
10 | allocated to the county for debt service and economic |
11 | development projects for an international airport in a county of |
12 | the second class under section 3(2)(i)(E) of said act, all |
13 | remaining funds shall be distributed directly to an authority |
14 | that operates an international airport in a county of the second |
15 | class. |
16 | Section 13. Sections 1408(c) and 1512(a.5) and (b) of Title |
17 | 4 are amended to read: |
18 | § 1408. Transfers from State Gaming Fund. |
19 | * * * |
20 | (c) Local law enforcement grants.--Annually, the sum of |
21 | [$5,000,000] $3,000,000 shall be transferred to the board for |
22 | the purpose of issuing grants to local law enforcement agencies |
23 | to enforce and prevent [the unlawful operation of slot machines] |
24 | all forms of unlawful gambling in this Commonwealth. For |
25 | purposes of this subsection, the term "local law enforcement |
26 | agency" shall include Pennsylvania State Police activities in a |
27 | municipality which does not have a municipal police department |
28 | for activities in that municipality. |
29 | * * * |
30 | § 1512. Financial and employment interests. |
|
1 | * * * |
2 | (a.5) State Ethics Commission.--The State Ethics Commission |
3 | shall publish a list of all State, county, municipal and other |
4 | government positions that meet the definitions of "public |
5 | official" as defined under subsection (b) or "executive-level |
6 | public employee" [under subsection (b)]. The Office of |
7 | Administration shall assist the [Ethics Commission] commission |
8 | in the development of the list, which shall be published in the |
9 | Pennsylvania Bulletin biennially and on the board's website. |
10 | Upon request, each public official shall have a duty to provide |
11 | the [Ethics Commission] commission with adequate information to |
12 | accurately develop and maintain the list. The [Ethics |
13 | Commission] commission may impose a civil penalty under 65 |
14 | Pa.C.S. § 1109(f) (relating to penalties) upon any public |
15 | official or executive-level public employee who fails to |
16 | cooperate with the [Ethics Commission] commission under this |
17 | subsection. An individual who relies in good faith on the list |
18 | published by the commission shall not be subject to any penalty |
19 | for a violation of this section. |
20 | (b) Definitions.--As used in this section, the following |
21 | words and phrases shall have the meanings given to them in this |
22 | subsection: |
23 | ["Executive-level public employee." The term shall include |
24 | the following: |
25 | (1) Deputy Secretaries of the Commonwealth and the |
26 | Governor's Office executive staff. |
27 | (2) An employee of the Executive Branch with |
28 | discretionary power which may affect or influence the outcome |
29 | of a State agency's action or decision and who is involved in |
30 | the development of regulations or policies relating to a |
|
1 | licensed entity or who is involved in other matters under |
2 | this part. The term shall include an employee with law |
3 | enforcement authority. |
4 | (3) An employee of a county or municipality with |
5 | discretionary powers which may affect or influence the |
6 | outcome of the county's or municipality's action or decision |
7 | and who is involved in the development of law, regulation or |
8 | policy relating to a licensed entity or who is involved in |
9 | other matters under this part. The term shall include an |
10 | employee with law enforcement authority. |
11 | (4) An employee of a department, agency, board, |
12 | commission, authority or other governmental body not included |
13 | in paragraph (1), (2) or (3) with discretionary power which |
14 | may affect or influence the outcome of the governmental |
15 | body's action or decision and who is involved in the |
16 | development of regulation or policy relating to a licensed |
17 | entity or who is involved in other matters under this part. |
18 | The term shall include an employee with law enforcement |
19 | authority.] |
20 | "Financial interest." Owning or holding, or being deemed to |
21 | hold, debt or equity securities or other ownership interest or |
22 | profits interest. A financial interest shall not include any |
23 | debt or equity security, or other ownership interest or profits |
24 | interest, which is held or deemed to be held in any of the |
25 | following: |
26 | (1) A blind trust over which the executive-level public |
27 | employee, public official, party officer or immediate family |
28 | member thereof may not exercise any managerial control or |
29 | receive income during the tenure of office and the period |
30 | under subsection (a). The provisions of this paragraph shall |
|
1 | apply only to blind trusts established prior to the effective |
2 | date of this paragraph. |
3 | (2) Securities that are held in a pension plan, profit- |
4 | sharing plan, individual retirement account, tax-sheltered |
5 | annuity, a plan established pursuant to section 457 of the |
6 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
7 | 1 et seq.) or any successor provision deferred compensation |
8 | plan whether qualified or not qualified under the Internal |
9 | Revenue Code of 1986 or any successor provision or other |
10 | retirement plan that: |
11 | (i) is not self-directed by the individual; and |
12 | (ii) is advised by an independent investment adviser |
13 | who has sole authority to make investment decisions with |
14 | respect to contributions made by the individual to these |
15 | plans. |
16 | (3) A tuition account plan organized and operated |
17 | pursuant to section 529 of the Internal Revenue Code of 1986 |
18 | (Public Law 99-514, 26 U.S.C. § 529) that is not self- |
19 | directed by the individual. |
20 | (4) A mutual fund where the interest owned by the mutual |
21 | fund in a licensed entity does not constitute a controlling |
22 | interest as defined in this part. |
23 | "Immediate family." A spouse, minor child or unemancipated |
24 | child. |
25 | "Law enforcement authority." The power to conduct |
26 | investigations of or to make arrests for criminal offenses. |
27 | "Party officer." A member of a national committee; a |
28 | chairman, vice chairman, secretary, treasurer or counsel of a |
29 | State committee or member of the executive committee of a State |
30 | committee; a county chairman, vice chairman, counsel, secretary |
|
1 | or treasurer of a county committee in which a licensed facility |
2 | is located; or a city chairman, vice chairman, counsel, |
3 | secretary or treasurer of a city committee of a city in which a |
4 | licensed facility is located. |
5 | "Public official." The term shall include the following: |
6 | (1) The Governor, Lieutenant Governor, a member of the |
7 | Governor's cabinet, Treasurer, Auditor General and Attorney |
8 | General of the Commonwealth. |
9 | (2) A member of the Senate or House of Representatives |
10 | of the Commonwealth. |
11 | (3) An individual elected or appointed to any office of |
12 | a county or municipality that directly receives a |
13 | distribution of revenue under this part. |
14 | (4) An individual elected or appointed to a department, |
15 | agency, board, commission, authority or other governmental |
16 | body not included in paragraph (1), (2) or (3) that directly |
17 | receives a distribution of revenue under this part. |
18 | (5) An individual elected or appointed to a department, |
19 | agency, board, commission, authority, county, municipality or |
20 | other governmental body not included in paragraph (1), (2) or |
21 | (3) with discretionary power which may influence or affect |
22 | the outcome of an action or decision and who is involved in |
23 | the development of regulation or policy relating to a |
24 | licensed entity or who is involved in other matters under |
25 | this part. |
26 | The term does not include a member of a school board or an |
27 | individual who held an uncompensated office with a governmental |
28 | body prior to January 1, 2006, and who no longer holds the |
29 | office as of January 1, 2006. The term includes a member of an |
30 | advisory board or commission which makes recommendations |
|
1 | relating to a licensed facility. |
2 | Section 14. Title 4 is amended by adding a section to read: |
3 | § 1516.1. Prosecutorial and adjudicatory functions. |
4 | The board shall adopt regulations and procedures necessary to |
5 | ensure that the Bureau of Investigations and Enforcement is a |
6 | distinct administrative entity and to prevent commingling of the |
7 | investigatory and prosecutorial functions of the Bureau of |
8 | Investigations and Enforcement under section 1517 (relating to |
9 | investigations and enforcement) and the adjudicatory functions |
10 | of the board. |
11 | Section 15. Section 1517(a.1)(6) of Title 4 is amended, |
12 | subsection (a.2)(1) is amended by adding a subparagraph |
13 | subparagraphs and subsection (c) is amended by adding a |
14 | paragraph to read: |
15 | § 1517. Investigations and enforcement. |
16 | * * * |
17 | (a.1) Powers and duties of bureau.--The Bureau of |
18 | Investigations and Enforcement shall have the following powers |
19 | and duties: |
20 | * * * |
21 | (6) Conduct [audits] reviews of a licensed entity as |
22 | necessary to ensure compliance with this part. [An audit] A |
23 | review may include the review of accounting, administrative |
24 | and financial records, management control systems, procedures |
25 | and other records utilized by a licensed entity. |
26 | * * * |
27 | (a.2) Office of Enforcement Counsel.-- |
28 | (1) There is established within the bureau an Office of |
29 | Enforcement Counsel which shall act as the prosecutor in all |
30 | noncriminal enforcement actions initiated by the bureau under |
|
1 | this part and shall have the following powers and duties: |
2 | * * * |
3 | (iv) Petition the board for the appointment of a |
4 | trustee under section 1332 (relating to appointment of |
5 | trustee). |
6 | (v) Notwithstanding 42 Pa.C.S. § 5947 (relating to |
7 | immunity of witnesses), the Commonwealth Court may grant |
8 | an immunity order, in the course of an investigation or |
9 | hearing conducted under this part, a person refuses to |
10 | answer a question or to produce evidence on the grounds |
11 | that the answer or evidence will expose the person to |
12 | criminal prosecution. The chief enforcement counsel of |
13 | the bureau may petition the Commonwealth Court for a |
14 | grant of immunity that includes the specific question to |
15 | be posed or information or evidence being sought from the |
16 | person as follows: |
17 | (A) A copy of the petition shall be provided to |
18 | the Attorney General and the district attorney of the |
19 | person's county of residence who may object to the |
20 | petition. |
21 | (B) The court shall hold an in camera proceeding |
22 | with the person to hear the evidence that will be |
23 | offered if the order to produce evidence is granted. |
24 | (C) The court may issue an order to compel the |
25 | person to answer or produce evidence with immunity |
26 | if: |
27 | (I) the testimony or other information from |
28 | a witness may be necessary to the public |
29 | interest; and |
30 | (II) a witness has refused or is likely to |
|
1 | refuse to testify or provide other information on |
2 | the basis of his privilege against self- |
3 | incrimination. |
4 | (D) The court shall grant or deny the request |
5 | for immunity within 45 days of the filing of the |
6 | request. |
7 | (E) If the person who is the subject of the |
8 | immunity order provides the answer or evidence, the |
9 | person shall be immune from criminal prosecution |
10 | based on the answer or evidence that was the subject |
11 | of the immunity order. |
12 | (F) The person may be prosecuted for perjury |
13 | committed in the answer or production of evidence or |
14 | held in contempt for failing to give an answer or |
15 | produce evidence in accordance with the order. The |
16 | answer or evidence shall be admissible against the |
17 | person only in a criminal investigation, or a trial |
18 | or other proceeding for perjury or contempt. |
19 | (G) Immunity under this paragraph shall not |
20 | preclude the use of any other remedy or sanction |
21 | authorized by law. |
22 | * * * |
23 | (c) Powers and duties of the Pennsylvania State Police.--The |
24 | Pennsylvania State Police shall have the following powers and |
25 | duties: |
26 | * * * |
27 | (14) By March 1 of each year, the Commissioner of the |
28 | Pennsylvania State Police shall submit a report to the |
29 | Appropriations Committee of the Senate, the Community, |
30 | Economic and Recreational Development Committee of the |
|
1 | Senate, the Appropriations Committee of the House of |
2 | Representatives and the Gaming Oversight Committee of the |
3 | House of Representatives. The report shall summarize law |
4 | enforcement activities at each licensed facility during the |
5 | previous calendar year and shall include all of the |
6 | following: |
7 | (i) The number of arrests at each licensed facility. |
8 | (ii) A list of specific offenses charged for each |
9 | offense. |
10 | (iii) The number of criminal prosecutions resulting |
11 | from arrests. |
12 | (iv) The number of convictions resulting from |
13 | prosecutions. |
14 | (v) The number of Pennsylvania State Police troopers |
15 | assigned to each licensed facility and to the gaming unit |
16 | at the Pennsylvania State Police headquarters. |
17 | (vi) The number and nature of disciplinary actions |
18 | taken and complaints made against Pennsylvania State |
19 | Police troopers in a licensed facility. |
20 | (vii) The closest local police station, Pennsylvania |
21 | State Police station and regional Pennsylvania State |
22 | Police headquarters to each licensed facility. |
23 | * * * |
24 | Section 16. Section 1517.2 of Title 4 is amended to read: |
25 | § 1517.2. Conduct of [public officials and] board employees. |
26 | (a) [Ex parte discussion prohibited.--An attorney |
27 | representing the bureau or the Office of Enforcement Counsel, or |
28 | an employee of the bureau or office involved in the hearing |
29 | process, shall not discuss the case ex parte with a hearing |
30 | officer, chief counsel or member] (Reserved). |
|
1 | (b) [Other prohibitions.--A hearing officer, the chief |
2 | counsel or a member shall not discuss or exercise any |
3 | supervisory responsibility over any employee with respect to an |
4 | enforcement hearing with which the employee is involved] |
5 | (Reserved). |
6 | (c) Disqualification.--If it becomes necessary for the chief |
7 | counsel or member to become involved on behalf of the board in |
8 | any enforcement proceeding, the chief counsel or member shall be |
9 | prohibited from participating in the adjudication of that matter |
10 | and shall designate appropriate individuals to exercise |
11 | adjudicatory functions. |
12 | Section 17. The amendment of 4 Pa.C.S. § 1213 shall not |
13 | apply to any of the following: |
14 | (1) An application submitted before the effective date |
15 | of this section. |
16 | (2) Any license or permit issued prior to the effective |
17 | date of this section. |
18 | (3) The renewal of any license or permit issued prior to |
19 | the effective date of this section. |
20 | Section 18. This act shall take effect in 60 days. |
21 | Section 1. Section 1102(11) of Title 4 of the Pennsylvania | <-- |
22 | Consolidated Statutes is amended and the section is amended by |
23 | adding paragraphs to read: |
24 | § 1102. Legislative intent. |
25 | The General Assembly recognizes the following public policy |
26 | purposes and declares that the following objectives of the |
27 | Commonwealth are to be served by this part: |
28 | * * * |
29 | (2.1) The legalization of table games as authorized in |
30 | this part is intended to supplement slot machine gaming by |
|
1 | increasing revenues to the Commonwealth and providing new |
2 | employment opportunities by creating skilled jobs for |
3 | individuals related to the conduct of table games at licensed |
4 | facilities in this Commonwealth. |
5 | * * * |
6 | (10.1) The General Assembly has a compelling interest in |
7 | protecting the integrity of both the electoral process and |
8 | the legislative process by preventing corruption and the |
9 | appearance of corruption which may arise through permitting |
10 | campaign contributions by the gaming industry. |
11 | (11) It is necessary to maintain the integrity of the |
12 | regulatory control and legislative oversight over the |
13 | operation of slot machines and table games in this |
14 | Commonwealth; to prevent the actual or appearance of |
15 | corruption that may result from [large] campaign |
16 | contributions; ensure the bipartisan administration of this |
17 | part; and avoid actions that may erode public confidence in |
18 | the system of representative government. |
19 | (11.1) Completely banning campaign contributions by |
20 | certain individuals and entities subject to this act is |
21 | necessary to prevent corruption, or the appearance of |
22 | corruption, that may arise when politics and gaming are |
23 | intermingled. |
24 | (12) It is the intent of the General Assembly to |
25 | authorize the operation of slot machines and table games |
26 | under a single slot machine license issued to a slot machine |
27 | licensee under this part. |
28 | Section 2. The definitions of "associated equipment," |
29 | "cheat," "conduct of gaming," "conviction," "gaming employee," |
30 | "key employee," "licensed facility," "manufacturer," |
|
1 | "manufacturer license," "slot machine," "supplier" and "supplier |
2 | license" in section 1103 of Title 4 are amended and the section |
3 | is amended by adding definitions to read: |
4 | § 1103. Definitions. |
5 | The following words and phrases when used in this part shall |
6 | have the meanings given to them in this section unless the |
7 | context clearly indicates otherwise: |
8 | * * * |
9 | "Associated equipment." Any equipment or mechanical, |
10 | electromechanical or electronic contrivance, component or |
11 | machine used in connection with [gaming] slot machines or table |
12 | games, including linking devices which connect to progressive |
13 | slot machines or slot machines, replacement parts, equipment |
14 | which affects the proper reporting and counting of gross |
15 | terminal revenue and gross table game revenue, computerized |
16 | systems for controlling and monitoring slot machines or table |
17 | games, including, but not limited to, the central control |
18 | computer to which all slot machines communicate and devices for |
19 | weighing or counting money. |
20 | * * * |
21 | "Banking game." Any table game in which players compete |
22 | against a certificate holder rather than against one another. |
23 | * * * |
24 | "Cash." United States currency and coin. |
25 | "Cash equivalent." An asset that is readily convertible to |
26 | cash, including, but not limited to, any of the following: |
27 | (1) Chips, tokens or other representations of value. |
28 | (2) Travelers checks. |
29 | (3) Foreign currency and coin. |
30 | (4) Certified checks, cashier's checks and money orders. |
|
1 | (5) Personal checks or drafts. |
2 | (6) A negotiable instrument applied against credit |
3 | extended by a certificate holder, a recognized credit card |
4 | company or a financial institution. |
5 | (7) Any other instrument that the Pennsylvania Gaming |
6 | Control Board deems a cash equivalent. Other than recognized |
7 | credit cards or credit extended by a certificate holder, all |
8 | instruments that constitute a cash equivalent shall be made |
9 | payable to the slot machine licensee, to the bearer or to |
10 | cash. An instrument made payable to a third party shall not |
11 | be considered a cash equivalent and shall be prohibited. |
12 | * * * |
13 | "Certificate holder." A slot machine licensee that holds a |
14 | table games operation certificate from the Pennsylvania Gaming |
15 | Control Board in accordance with Chapter 13A (relating to table |
16 | games). |
17 | "Cheat." To [alter without authorization] defraud or steal |
18 | from any patron, slot machine licensee or the Commonwealth, |
19 | including causing, aiding, abetting or conspiring with another |
20 | person to do so. The term shall also mean to unlawfully alter |
21 | the elements of chance, skill, method of selection or criteria |
22 | which determine: |
23 | (1) The result of a slot machine game or table game. |
24 | (2) The amount or frequency of payment in a slot machine |
25 | game or table game. |
26 | (3) The value of a wagering instrument. |
27 | (4) The value of a wagering credit. |
28 | The term does not include altering a slot machine, table game |
29 | device or associated equipment for [required] maintenance [and] |
30 | or repair with the approval of a slot machine licensee. |
|
1 | "Cheating or thieving device." A device used or possessed |
2 | with the intent to use, on or during the play of any slot |
3 | machine or table game to cheat or steal. The term shall also |
4 | include any device used to alter slot machines or table game |
5 | devices without the approval of a slot machine licensee. |
6 | "Chip." A representation of value, including plaques, issued |
7 | by and redeemable with the issuing certificate holder for use in |
8 | playing a table game at the certificate holder's licensed |
9 | facility. |
10 | * * * |
11 | "Conduct of gaming." The licensed placement and operation of |
12 | games of skill or chance under this part, as authorized and |
13 | approved by the Pennsylvania Gaming Control Board at a licensed |
14 | facility. |
15 | "Contest." A table game competition among players for a |
16 | prize, whether or not the prize is a specified amount of money |
17 | or players are required to pay consideration to participate in |
18 | the competition. |
19 | * * * |
20 | "Conviction." A finding of guilt or a plea of guilty or nolo |
21 | contendere, whether or not a judgment of sentence has been |
22 | imposed as determined by the law of the jurisdiction in which |
23 | the prosecution was held. The term does not include a conviction |
24 | that has been expunged or overturned or for which an individual |
25 | has been pardoned or had an order of Accelerated Rehabilitative |
26 | Disposition entered. |
27 | * * * |
28 | "Count room." The secured room at a licensed facility |
29 | designated for counting, wrapping and recording a slot machine |
30 | licensee's slot machine or table game receipts, or both. |
|
1 | "Counterfeit chips." Any chip or similar object not issued |
2 | by a certificate holder for use in playing a table game at the |
3 | certificate holder's licensed facility. |
4 | * * * |
5 | "Electronic table game." A table game which, as determined |
6 | by the Pennsylvania Gaming Control Board, is a mechanical, |
7 | electrical or computerized contrivance, terminal, machine or |
8 | other device approved by the Pennsylvania Gaming Control Board |
9 | which, upon insertion of a coin, bill, ticket, token or similar |
10 | object therein or upon payment of any consideration whatsoever, |
11 | including the use of any electronic payment system, is playable |
12 | or operable without either the required assistance of or |
13 | required interaction with a gaming employee. The term does not |
14 | include a slot machine. |
15 | "Executive-level public employee." The term shall include |
16 | the following: |
17 | (1) Deputy Secretaries of the Commonwealth and the |
18 | Governor's Office executive staff. |
19 | (2) An employee of the executive branch with |
20 | discretionary power which may affect or influence the outcome |
21 | of a State agency's action or decision and who is involved in |
22 | the development of regulations or policies relating to a |
23 | licensed entity or who is involved in other matters under |
24 | this part. The term shall include an employee with law |
25 | enforcement authority. |
26 | (3) An employee of a county or municipality with |
27 | discretionary powers which may affect or influence the |
28 | outcome of the county's or municipality's action or decision |
29 | and who is involved in the development of law, regulation or |
30 | policy relating to a licensed entity or who is involved in |
|
1 | other matters under this part. The term shall include an |
2 | employee with law enforcement authority. |
3 | (4) An employee of a department, agency, board, |
4 | commission, authority or other governmental body not included |
5 | in paragraph (1), (2) or (3) with discretionary power which |
6 | may affect or influence the outcome of the governmental |
7 | body's action or decision and who is involved in the |
8 | development of regulation or policy relating to a licensed |
9 | entity or who is involved in other matters under this part. |
10 | The term shall include an employee with law enforcement |
11 | authority. |
12 | * * * |
13 | "Gaming employee." Any employee of a slot machine licensee, |
14 | including, but not limited to: |
15 | (1) Cashiers. |
16 | (2) Change personnel. |
17 | (3) [Counting] Count room personnel. |
18 | (4) Slot attendants. |
19 | (5) Hosts or other persons authorized to extend |
20 | complimentary services. |
21 | (6) Machine mechanics [or], computer machine technicians |
22 | or table game device technicians. |
23 | (7) Security personnel. |
24 | (8) Surveillance personnel. |
25 | (9) Supervisors and managers. |
26 | (10) Boxmen. |
27 | (11) Dealers or croupiers. |
28 | (12) Floormen. |
29 | The term includes employees of a person holding a supplier's |
30 | license whose duties are directly involved with the repair or |
|
1 | distribution of slot machines, table game devices and associated |
2 | equipment sold or provided to [the] a licensed facility within |
3 | this Commonwealth as determined by the Pennsylvania Gaming |
4 | Control Board. The term does not include bartenders, cocktail |
5 | servers or other persons engaged solely in preparing or serving |
6 | food or beverages, clerical or secretarial personnel, parking |
7 | attendants, janitorial, stage, sound and light technicians and |
8 | other nongaming personnel as determined by the board. |
9 | "Gaming junket." An arrangement made by a gaming junket |
10 | representative for an individual who is all of the following: |
11 | (1) Selected or approved for participation in the |
12 | arrangement based on the individual's ability to satisfy |
13 | specific financial qualifications. |
14 | (2) Likely to participate in gaming and to patronize a |
15 | licensed facility for the purpose of gaming. |
16 | (3) Receives as consideration for participation in the |
17 | arrangement part or all of the costs of transportation, food, |
18 | lodging or entertainment which are directly or indirectly |
19 | paid by a slot machine licensee or an agent or an employee of |
20 | a slot machine licensee. |
21 | "Gaming junket enterprise." A person, other than a slot |
22 | machine licensee, who employs or otherwise engages the services |
23 | of a gaming junket representative to arrange gaming junkets to a |
24 | license facility, regardless of whether the activities of the |
25 | gaming junket enterprise occur within this Commonwealth. |
26 | "Gaming junket representative." An individual who is not an |
27 | employee of a slot machine licensee who arranges and negotiates |
28 | the terms of a gaming junket or selects individuals to |
29 | participate in a gaming junket to a licensed facility, |
30 | regardless of whether the activities of the gaming junket |
|
1 | enterprise occur within this Commonwealth. |
2 | "Gaming school." Any educational institution which is |
3 | approved by the the Department of Education as an accredited |
4 | college or university, community college, Pennsylvania private |
5 | licensed school or its equivalent and which is approved by the |
6 | Pennsylvania Gaming Control Board in consultation with the |
7 | Department of Education to provide education and training |
8 | related to employment opportunities associated with slot |
9 | machines or table games, including slot machine, table game |
10 | device and associated equipment maintenance and repair. |
11 | "Gaming service provider." A person that: | <-- |
12 | (1) provides goods or services to a slot machine |
13 | licensee or an applicant for a slot machine license; |
14 | (2) provides goods or services at a licensed facility; |
15 | and |
16 | (3) is not required to be licensed as a manufacturer, |
17 | manufacturer designee, supplier, management company or gaming |
18 | junket enterprise. |
19 | "Gross table game revenue." The total of: |
20 | (1) Cash or cash equivalents received in the playing of |
21 | a table game minus the total of: |
22 | (i) Cash or cash equivalents paid out to patrons as |
23 | a result of playing a table game. |
24 | (ii) Cash paid to purchase annuities to fund prizes |
25 | payable to patrons over a period of time as a result of |
26 | playing a table game. |
27 | (iii) The actual cost paid by the certificate holder |
28 | for any personal property distributed to a patron as a |
29 | result of playing a table game. This does not include |
30 | travel expenses, food, refreshments, lodging or services. |
|
1 | (2) All table game contest or tournament fees. Table |
2 | game contest or tournament fees shall be calculated as all |
3 | fees or payments, including entry fees, buy-ins, re-buys and |
4 | administrative fees, imposed by a certificate holder to |
5 | participate in a table game contest or tournament less cash |
6 | or actual cost paid by a certificate holder for prizes |
7 | awarded to tournament or contest winners. |
8 | (3) The total amount of the rake collected by a |
9 | certificate holder each day. |
10 | The term does not include counterfeit money or chips; coins or |
11 | currency of other countries received in the playing of a table |
12 | game, except to the extent that they are readily convertible to |
13 | United States currency; cash taken in a fraudulent act |
14 | perpetrated against a certificate holder for which the |
15 | certificate holder is not reimbursed. |
16 | * * * |
17 | "Hotel." One or more buildings owned or operated by a |
18 | certificate holder which is attached to, physically connected to |
19 | or adjacent to the certificate holder's licensed facility at |
20 | which the public may obtain sleeping rooms and is located on the |
21 | same parcel of land as the licensed facility. |
22 | * * * |
23 | "Key employee." Any individual who is employed in a director |
24 | or department head capacity and who is empowered to make |
25 | discretionary decisions that regulate slot machine or table game |
26 | operations, including the general manager and assistant manager |
27 | of the licensed facility, director of slot operations, director |
28 | of table games, pit supervisors, shift supervisors, credit |
29 | supervisors, cashier supervisors, table game managers and |
30 | assistant managers, director of cage and/or credit operations, |
|
1 | director of surveillance, director of marketing, director of |
2 | management information systems, director of security, |
3 | comptroller and any employee who supervises the operations of |
4 | these departments or to whom these department directors or |
5 | department heads report and such other positions which the |
6 | Pennsylvania Gaming Control Board shall determine based on |
7 | detailed analyses of job descriptions as provided in the |
8 | internal controls of the licensee as approved by the |
9 | Pennsylvania Gaming Control Board. All other gaming employees |
10 | unless otherwise designated by the Pennsylvania Gaming Control |
11 | Board shall be classified as non-key employees. |
12 | * * * |
13 | "Licensed entity representative." A person acting on behalf |
14 | of or authorized to represent the interest of any applicant, |
15 | licensee or permittee, including an attorney, agent or lobbyist, |
16 | regarding any matter which may reasonably be expected to come |
17 | before the board. |
18 | "Licensed facility." The physical land-based location at |
19 | which a licensed gaming entity is authorized to place and |
20 | operate slot machines and, if authorized by the Pennsylvania |
21 | Gaming Control Board under Chapter 13A (relating to table |
22 | games), to conduct table games. The term includes any area of a |
23 | licensed racetrack previously authorized pursuant to section |
24 | 1207(17) (relating to regulatory authority of board) to operate |
25 | slot machines and any area of a hotel which the Pennsylvania |
26 | Gaming Control Board determines is suitable to conduct table |
27 | games. |
28 | * * * |
29 | "Manufacturer." A person who manufactures, builds, rebuilds, |
30 | fabricates, assembles, produces, programs, designs or otherwise |
|
1 | makes modifications to any slot machine, table game device or |
2 | associated equipment for use or play of slot machines or table |
3 | games in this Commonwealth for gaming purposes. |
4 | "Manufacturer license." A license issued by the Pennsylvania |
5 | Gaming Control Board authorizing a manufacturer to manufacture |
6 | or produce slot machines, table game devices or associated |
7 | equipment for use in this Commonwealth for gaming purposes. |
8 | * * * |
9 | "Municipal authority." A body politic and corporate created |
10 | under the former act of June 28, 1935 (P.L.463, No.191), known |
11 | as the Municipality Authorities Act of 1935, the former act of |
12 | May 2, 1995 (P.L.382, No.164), known as the Municipality |
13 | Authorities Act of 1945 or the act of July 29, 1953 (P.L.1034, |
14 | No.270), known as the Public Auditorium Authorities Law. |
15 | * * * |
16 | "Nonbanking game." Any table game in which players compete |
17 | against one another and in which the certificate holder collects |
18 | a rake. |
19 | "Nonelectronic table game." Any table game that, as |
20 | determined by the Pennsylvania Gaming Control Board, is not an |
21 | electronic table game. |
22 | * * * |
23 | "Party." The Pennsylvania Gaming Control Board, the Bureau |
24 | of Investigations and Enforcement of the Pennsylvania Gaming |
25 | Control Board or any applicant, licensee, permittee, registrant |
26 | or other person appearing of record in any proceeding before the |
27 | board or in any proceeding for judicial review of any action, |
28 | decision or order of the board. |
29 | * * * |
30 | "Rake." A set fee or percentage assessed by a certificate |
|
1 | holder for providing the services of a dealer, table or location |
2 | for playing any nonbanking game. |
3 | * * * |
4 | "Slot machine." Any mechanical [or], electrical or |
5 | computerized contrivance, terminal, machine or other device |
6 | approved by the Pennsylvania Gaming Control Board which, upon |
7 | insertion of a coin, bill, ticket, token or similar object |
8 | therein or upon payment of any consideration whatsoever, |
9 | including the use of any electronic payment system except a |
10 | credit card or debit card, is available to play or operate, the |
11 | play or operation of which, whether by reason of skill or |
12 | application of the element of chance or both, may deliver or |
13 | entitle the person or persons playing or operating the |
14 | contrivance, terminal, machine or other device to receive cash, |
15 | billets, tickets, tokens or electronic credits to be exchanged |
16 | for cash or to receive merchandise or anything of value |
17 | whatsoever, whether the payoff is made automatically from the |
18 | machine or manually. A slot machine: |
19 | (1) May utilize spinning reels or video displays or |
20 | both. |
21 | (2) May or may not dispense coins, tickets or tokens to |
22 | winning patrons. |
23 | (3) May use an electronic credit system for receiving |
24 | wagers and making payouts. |
25 | The term shall include associated equipment necessary to conduct |
26 | the operation of the contrivance, terminal, machine or other |
27 | device. The term does not include an electronic table game. |
28 | * * * |
29 | "Supplier." A person that sells, leases, offers or otherwise |
30 | provides, distributes or services any slot machine, table game |
|
1 | device or associated equipment for use or play of slot machines |
2 | or table games in this Commonwealth. |
3 | "Supplier license." A license issued by the Pennsylvania |
4 | Gaming Control Board authorizing a supplier to provide products |
5 | or services related to slot machines, table games devices or |
6 | associated equipment to slot machine licensees. |
7 | * * * |
8 | "Suspicious transaction." The acceptance or redeeming of |
9 | cash or a cash equivalent involving or aggregating $5,000 if the |
10 | slot machine licensee or person knows or has reason to believe |
11 | the transaction: |
12 | (1) involves funds derived from illegal activities or is |
13 | intended or conducted in order to conceal or disguise funds |
14 | or assets derived from illegal activities; |
15 | (2) is part of a plan to violate or evade any law or |
16 | regulation or to avoid any transaction reporting requirement |
17 | under the law or regulations of this Commonwealth or the |
18 | United States, including a plan to structure a series of |
19 | transactions to avoid any transaction reporting requirement |
20 | under the laws or regulations of this Commonwealth or the |
21 | United States; or |
22 | (3) has no lawful business or other apparent lawful |
23 | purpose or is not the sort of transaction in which a person |
24 | would normally be expected to engage and the slot machine |
25 | licensee or person knows of no reasonable explanation for the |
26 | transaction after examining the available facts, including |
27 | the background and possible purpose of the transaction. |
28 | "Table game." Any banking, nonbanking or percentage game |
29 | played which utilizes a table game device for cash, a cash |
30 | equivalent or any representation of value. The term includes |
|
1 | roulette, baccarat, blackjack, poker, craps, big six wheel, red |
2 | dog, pai gow, casino war and sic bo and any other banking, |
3 | nonbanking or percentage game approved by the Pennsylvania |
4 | Gaming Control Board. The term shall also include any game |
5 | authorized for use in a licensed facility that is used for |
6 | gaming contests or tournaments in which players compete against |
7 | one another. The term shall not include: |
8 | (1) Lottery games of the Pennsylvania State Lottery as |
9 | authorized under the act of August 26, 1971 (P.L.351, No.91), |
10 | known as the State Lottery Law. |
11 | (2) Bingo as authorized under the act of July 10, 1981 |
12 | (P.L.214, No.67), known as the Bingo Law. |
13 | (3) Pari-mutuel betting on the outcome of thoroughbred |
14 | or harness horse racing as authorized under the act of |
15 | December 17, 1981 (P.L.435, No.135), known as the Race Horse |
16 | Industry Reform Act. |
17 | (4) Small games of chance as authorized under the act of |
18 | December 19, 1988 (P.L.1262, No.156), known as the Local |
19 | Option Small Games of Chance Act. |
20 | (5) Slot machine gaming and progressive slot machine |
21 | gaming as defined and authorized under this part. |
22 | (6) Keno. |
23 | "Table game device." Includes gaming tables, cards, dice, |
24 | chips, shufflers, tiles, dominoes, wheels, drop boxes or any |
25 | mechanical, electrical or computerized contrivance, terminal, |
26 | machine or other device, apparatus, equipment or supplies |
27 | approved by the Pennsylvania Gaming Control Board and used to |
28 | conduct a table game. |
29 | "Table game operation certificate." A certificate from the |
30 | Pennsylvania Gaming Control Board that authorizes a slot machine |
|
1 | licensee to conduct table games in accordance with this part. |
2 | "Tournament." An organized series of table game contests |
3 | approved by the Pennsylvania Gaming Control Board. |
4 | "Trustee." A person appointed by the Pennsylvania Gaming |
5 | Control Board to manage and control the operations of a licensed |
6 | facility to ensure compliance with this part and who has the |
7 | fiduciary responsibility to make decisions for the benefit of |
8 | the licensed gaming entity and the Commonwealth. |
9 | * * * |
10 | Section 3. Section 1201(f)(3), (h)(7.1), (10), (11), (13), |
11 | (14) and (15), (i)(1) and (k) of Title 4 are amended, subsection | <-- |
12 | (h) is amended by adding paragraphs and the section is amended |
13 | by adding a subsection subsections to read: | <-- |
14 | § 1201. Pennsylvania Gaming Control Board established. |
15 | * * * |
16 | (f) Qualified majority vote.-- |
17 | * * * |
18 | (3) Notwithstanding any other provision of this part or |
19 | 65 Pa.C.S. § 1103(j) (relating to restricted activities), a |
20 | member shall disclose the nature of his disqualifying |
21 | interest, disqualify himself and abstain from voting in a |
22 | proceeding under this part in which his objectivity, |
23 | impartiality, integrity or independence of judgment may be |
24 | reasonably questioned, as provided in subsection (h)(6) or |
25 | section 1202.1(c)(3) (relating to code of conduct). If a |
26 | legislative appointee has disqualified himself, the qualified |
27 | majority shall consist of all of the remaining legislative |
28 | appointees and at least two gubernatorial appointees. |
29 | * * * |
30 | (h) Qualifications and restrictions.-- |
|
1 | * * * |
2 | (7.1) Prior to being sworn as a member, an appointee and |
3 | his immediate family shall divest any financial interest in |
4 | any applicant, licensed facility or licensed entity and in an |
5 | affiliate, intermediary, subsidiary or holding company |
6 | thereof owned or held by the appointee or known to be held by |
7 | the appointee's immediate family. For the duration of the |
8 | member's term and for [one year] two years thereafter, the |
9 | member and the member's immediate family may not acquire a |
10 | financial interest in any applicant, licensed facility or |
11 | licensed entity or in an affiliate, intermediary, subsidiary |
12 | or holding company thereof. For purposes of this paragraph, |
13 | the term "immediate family" shall mean spouse and any minor |
14 | or unemancipated child. |
15 | * * * |
16 | (10) No former member may appear before the board in any |
17 | hearing or proceeding or participate in any other activity on |
18 | behalf of any applicant, licensed entity, or an affiliate, |
19 | intermediary, subsidiary or holding company thereof, or any |
20 | other licensee or permittee for a period of two years from |
21 | the termination of term of office. |
22 | (11) No member, employee or independent contractor of |
23 | the board shall accept a complimentary service, wager or be |
24 | paid any prize from any wager at any licensed facility within |
25 | this Commonwealth or at any other facility outside this |
26 | Commonwealth which is owned or operated by a licensed gaming |
27 | entity or any of its affiliates, intermediaries, subsidiaries |
28 | or holding companies thereof for the duration of their term |
29 | of office, employment or contract with the board and for a |
30 | period of [one year] two years from the termination of term |
|
1 | of office, employment or contract with the board. The |
2 | provisions of this paragraph prohibiting wagering during the |
3 | term of employment shall not apply to employees or |
4 | independent contractors of the board who utilize slot |
5 | machines or table game devices for testing purposes or to |
6 | verify the performance of a machine or table game as part of |
7 | an enforcement investigation. |
8 | * * * |
9 | (13) No employee of the board [or individual employed by |
10 | an independent contractor of the board] whose duties |
11 | substantially involve licensing[,] or enforcement [or], the |
12 | development [or adoption] of laws, or the development or |
13 | adoption of regulations or policy or who has other |
14 | discretionary authority which may affect the outcome of an |
15 | action or decision under this part, including the executive |
16 | director, bureau directors and attorneys, shall do any of the |
17 | following: |
18 | (i) [accept] Accept employment with an applicant or |
19 | licensed entity, or an affiliate, intermediary, |
20 | subsidiary or holding company thereof, for a period of |
21 | [one year] two years after the termination of the |
22 | employment relating to the conduct of gaming [or contract |
23 | with the board; or]. |
24 | (ii) [appear] Appear before the board in any hearing |
25 | or proceeding or participate in any other activity on |
26 | behalf of any applicant, licensee, permittee or licensed |
27 | entity, or an affiliate, intermediary, subsidiary or |
28 | holding company thereof, for a period of two years after |
29 | termination of the employment [or contract with the |
30 | board]. |
|
1 | (iii) As a condition of employment, an employee |
2 | subject to this paragraph shall sign an affidavit that |
3 | the employee will not accept employment with or be |
4 | retained by any applicant, licensed entity or an |
5 | affiliate, intermediary, subsidiary or holding company |
6 | thereof for a period of two years from the termination of |
7 | employment. An applicant or licensed entity or an |
8 | affiliate, intermediary, subsidiary or holding company |
9 | thereof shall not employ or retain an individual who |
10 | signed an affidavit required by this subparagraph. An |
11 | applicant or licensed entity or an affiliate, |
12 | intermediary, subsidiary or holding company that |
13 | knowingly employs or retains an individual in violation |
14 | of this subparagraph shall be subject to a penalty under |
15 | section 1518(c) (relating to prohibited acts; penalties). |
16 | (13.1) Nothing shall prevent a current or former |
17 | employee of the board from appearing in any proceeding as a |
18 | witness where the employee is called to testify concerning |
19 | any fact or information obtained while employed with the |
20 | board or related to the performance of duties while so |
21 | employed. |
22 | (13.2) No independent contractor or individual employed |
23 | by an independent contractor of the board whose duties |
24 | substantially involve consultation relating to licensing, |
25 | enforcement or the development or adoption of regulations or |
26 | policy under this part shall: |
27 | (i) Accept employment with or be retained by an |
28 | applicant or a licensed entity or an affiliate, |
29 | intermediary, subsidiary or holding company thereof for a |
30 | period of one year after the termination of the contract |
|
1 | with the board. |
2 | (ii) Appear before the board in any hearing or |
3 | proceeding or participate in any other activity on behalf |
4 | of an applicant, licensee, permittee or licensed entity |
5 | or an affiliate, intermediary, subsidiary or holding |
6 | company of an applicant, licensee, permittee or licensed |
7 | entity for a period of two years after termination of the |
8 | contract with the board. Nothing shall prevent a current |
9 | or former independent contractor or employee of an |
10 | independent contractor of the board from appearing in any |
11 | proceeding as a witness where the independent contractor |
12 | or employee of the independent contractor is being called |
13 | to testify concerning any fact or information obtained |
14 | while contracting with the board or related to the |
15 | performance of the contract. |
16 | (iii) As a condition of a contract, an independent |
17 | contractor or individual employed by an independent |
18 | contractor of the board under this paragraph shall sign |
19 | an affidavit to not accept employment with or be retained |
20 | by any applicant, licensed entity or an affiliate, |
21 | intermediary, subsidiary or holding company of an |
22 | applicant, licensed entity or affiliate for a period of |
23 | one year from the termination of employment. A licensed |
24 | entity or an affiliate, intermediary, subsidiary or |
25 | holding company of an applicant, licensed entity or |
26 | affiliate shall not employ or retain an individual who |
27 | signed an affidavit required by this subparagraph. A |
28 | licensed entity or an affiliate, intermediary, subsidiary |
29 | or holding company thereof that knowingly employs or |
30 | retains an individual in violation of this subparagraph |
|
1 | shall be subject to a penalty under section 1518(c). |
2 | (14) Upon the written request of an employee of the |
3 | board, the executive branch of the Commonwealth or a |
4 | political subdivision or of the agency or political |
5 | subdivision employing an employee, the State Ethics |
6 | Commission shall determine whether the individual's duties |
7 | substantially involve the development [or adoption] of laws, |
8 | or the development or adoption of regulations or policy, |
9 | licensing or enforcement under this part or other |
10 | discretionary authority which may affect the outcome of an |
11 | action, proceeding or decision under this part and shall |
12 | provide a written determination to the employee or the agency |
13 | or political subdivision employing the employee to include |
14 | any prohibition under this paragraph. An individual who |
15 | relies in good faith on a determination under this paragraph |
16 | shall not be subject to any penalty for an action taken, |
17 | provided that all material facts set forth in the request for |
18 | a determination are correct. |
19 | (15) If a member[, employee or independent contractor] |
20 | of the board violates any provision of this section, the |
21 | appointing authority [or the board may, upon notice and |
22 | hearing,] may remove the person from the board[, withdraw the |
23 | appointment or]. A member removed under this paragraph shall |
24 | be prohibited from future appointment to the board and shall |
25 | be prohibited from applying for a license, permit or other |
26 | authorization and from becoming an independent contractor of |
27 | the board, or registering as a licensed entity representative |
28 | for a period of five years from the date of removal from the |
29 | board. If an employee or independent contractor of the board |
30 | violates any provision of this section, the board may, upon |
|
1 | notice and hearing, terminate the employment or contract, and |
2 | the person shall be ineligible for future [appointment,] |
3 | employment or [contract] contracting with the board and [for |
4 | approval of a license or permit under this part for a period |
5 | of two years thereafter] shall be prohibited from applying |
6 | for a license, permit or other authorization and from |
7 | becoming an independent contractor or registering as a |
8 | licensed entity representative for a period of five years |
9 | from the date of termination of the employment or contract. |
10 | * * * | <-- |
11 | (h.4) Restrictions on appointment of legislators.--No member |
12 | of the Senate or House of Representatives shall be eligible for |
13 | appointment as a member of the board during the term of office |
14 | for which the person was elected and for a period of 12 months |
15 | thereafter. |
16 | (i) Compensation.-- | <-- |
17 | (1) [The Executive Board as established in the act of |
18 | April 9, 1929 (P.L.177, No.175), known as The Administrative |
19 | Code of 1929, shall establish the compensation of the |
20 | members.] |
21 | (i) Members, including members serving on the |
22 | effective date of this subparagraph, shall receive an |
23 | annual salary of $68,284, except the chairman, who shall |
24 | receive an annual salary of $71,084. |
25 | (ii) Members shall be eligible to receive a cost-of- |
26 | living adjustment consistent with the provisions of |
27 | section 3(e) of the act of September 30, 1983 (P.L.160, |
28 | No.39), known as the Public Official Compensation Law. |
29 | * * * |
30 | (k) Appointments.--[The appointing authorities] Following |
|
1 | the initial appointment of members under subsection (b), the |
2 | appointing authority shall make [their initial] appointments |
3 | within 60 days of [the effective date of this part] a vacancy in |
4 | an office. No appointment shall be final until receipt by the |
5 | appointing authority of the required background investigation of |
6 | the appointee by the Pennsylvania State Police which shall be |
7 | completed within 30 days. No person who has been convicted in |
8 | any domestic or foreign jurisdiction of a felony, infamous crime |
9 | or gaming offense shall be appointed to the board. |
10 | * * * |
11 | (m.1) Budgetary impasse.--If, in the event of a budgetary or |
12 | other fiscal crisis, the Governor orders the furlough of |
13 | Commonwealth employees or the closing of any Commonwealth |
14 | agency, the board and its employees and all employees of the |
15 | Department of Revenue, the Pennsylvania State Police and the |
16 | Office of Attorney General whose duties involve the regulation |
17 | and oversight of gaming under this part shall not be subject to |
18 | furlough but shall continue to perform their duties of |
19 | employment. |
20 | * * * |
21 | Section 3.1. Section 1201.1(a)(1) of Title 4 is amended to |
22 | read: |
23 | § 1201.1. Applicability of other statutes. |
24 | (a) General rule.--The following acts shall apply to the |
25 | board: |
26 | (1) The act of [June 21, 1957 (P.L.390, No.212), |
27 | referred to] February 14, 2008 (P.L.6, No.3), known as the |
28 | Right-to-Know Law. |
29 | * * * |
30 | Section 4. Section 1202(a)(1) and (2) and (b)(7), (20), (23) | <-- |
|
1 | and (30) of Title 4 are amended and subsection (b) is amended by |
2 | adding paragraphs to read: |
3 | § 1202. General and specific powers. |
4 | (a) General powers.-- |
5 | (1) The board shall have general and sole regulatory |
6 | authority over the conduct of gaming or related activities as |
7 | described in this part. The board shall ensure the integrity |
8 | of the acquisition and operation of slot machines, table |
9 | games, table game devices and associated equipment and shall |
10 | have sole regulatory authority over every aspect of the |
11 | authorization and operation of slot machines and table games. |
12 | (2) The board shall employ individuals as necessary to | <-- |
13 | carry out the powers and duties of the board, who shall serve |
14 | at the board's pleasure. An employee of the board shall be |
15 | considered a State employee for purposes of 71 Pa.C.S. Pt. |
16 | XXV (relating to retirement for State employees and |
17 | officers). For the purposes of this paragraph, the board |
18 | shall not be considered an executive or independent agency |
19 | under the act of October 15, 1980 (P.L.950, No.164), known as |
20 | the Commonwealth Attorneys Act. The board shall not take |
21 | final action in filling the positions of executive director |
22 | of the board, director of the bureau, chief counsel of the |
23 | board or director of the Office of Enforcement Counsel until |
24 | receipt and review of the results of the background |
25 | investigation under section 1517(c)(1.1) (relating to |
26 | investigations and enforcement). |
27 | * * * |
28 | (b) Specific powers.--The board shall have the specific |
29 | power and duty: |
30 | * * * |
|
1 | (7) To administer oaths, examine witnesses and issue |
2 | subpoenas compelling the attendance of witnesses or the |
3 | production of documents and records or other evidence[. The |
4 | provisions of this paragraph shall apply to designated |
5 | officers and employees.], or to designate officers or |
6 | employees to perform these duties. |
7 | * * * |
8 | (12.1) To issue, approve, authorize, renew, revoke, |
9 | suspend, condition or deny issuance or renewal of a table |
10 | game operation certificate to a slot machine licensee in |
11 | accordance with Chapter 13A (relating to table games). |
12 | * * * |
13 | (20) In addition to the power of the board regarding |
14 | license and permit applicants, to determine at its discretion |
15 | the suitability of any person who furnishes or seeks to |
16 | furnish to a slot machine licensee directly or indirectly any |
17 | goods, services or property related to slot machines, table |
18 | games or associated equipment or through any arrangements |
19 | under which that person receives payment based directly or |
20 | indirectly on earnings, profits or receipts from the slot |
21 | machines, table games and associated equipment. The board may |
22 | require any such person to comply with the requirements of |
23 | this part and the regulations of the board and may prohibit |
24 | the person from furnishing the services or property. |
25 | * * * |
26 | (23) The board shall not approve, issue or renew a |
27 | license, certificate or permit unless it is satisfied that |
28 | the applicant has demonstrated by clear and convincing |
29 | evidence that the applicant is a person of good character, |
30 | honesty and integrity and is a person whose prior activities, |
|
1 | criminal record, if any, reputation, habits and associations |
2 | do not pose a threat to the public interest or the effective |
3 | regulation and control of slot machine or table game |
4 | operations or create or enhance the danger of unsuitable, |
5 | unfair or illegal practices, methods and activities in the |
6 | conduct of slot machine or table game operations or the |
7 | carrying on of the business and financial arrangements |
8 | incidental thereto. |
9 | * * * |
10 | (27.1) To publish each January in the Pennsylvania |
11 | Bulletin and on the Pennsylvania Gaming Control Board's |
12 | Internet website a complete list of all slot machine |
13 | licensees who filed a petition seeking authorization to |
14 | conduct table games and the status of each petition or table |
15 | game operation certificate. |
16 | * * * |
17 | (30) To promulgate rules and regulations necessary for |
18 | the administration and enforcement of this part, including |
19 | regulations in cooperation with the Pennsylvania Liquor |
20 | Control Board and regulations relating to the sale and |
21 | service of liquor and malt and brewed beverages by licensees. |
22 | [Except as provided in section 1203 (relating to temporary |
23 | regulations), regulations] Regulations shall be adopted |
24 | pursuant to the act of July 31, 1968 (P.L.769, No.240), |
25 | referred to as the Commonwealth Documents Law, and the act of |
26 | June 25, 1982 (P.L.633, No.181), known as the Regulatory |
27 | Review Act. |
28 | (31) To collect and post information on its Internet |
29 | website with sufficient detail to inform the public of the |
30 | controlling interest or ownership interest of an applicant |
|
1 | for a slot machine license or a licensed gaming entity or |
2 | affiliate, intermediary, subsidiary or holding company |
3 | thereof. The posting shall include: |
4 | (i) The names of all persons with a controlling |
5 | interest in a publicly traded domestic or foreign |
6 | corporation, partnership, limited liability company or |
7 | other legal entity. |
8 | (ii) The names of all persons with an ownership |
9 | interest equal to or greater than 1% of a privately held |
10 | domestic or foreign corporation, partnership, limited |
11 | liability company or other legal entity. |
12 | (iii) The name of a trustee entitled to cast the |
13 | vote of a person under subparagraph (i) or (ii). |
14 | (iv) The names of all officers, directors, |
15 | principals and key employees of a licensed gaming entity. |
16 | (32) To appoint a trustee as prescribed in section 1332 |
17 | (relating to appointment of trustee) to act on behalf of the |
18 | Commonwealth and the board to operate a licensed facility and |
19 | ensure compliance with this part. |
20 | (33) To develop regulations, in consultation and |
21 | collaboration with the State Ethics Commission and the |
22 | Administrative Office of the Pennsylvania Courts, to govern |
23 | the postemployment limitations and restrictions of employees |
24 | of the board who are members of the Pennsylvania Bar and |
25 | whose duties with the board substantially involve the |
26 | practice of law. |
27 | (34) To review detailed site plans identifying a |
28 | petitioner's proposed table game area within a licensed |
29 | facility or any proposed temporary facility to determine the |
30 | adequacy of the proposed internal and external security and |
|
1 | proposed surveillance measures. |
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] family members of the |
11 | members, employees and independent contractors of the board to |
12 | enable them to avoid any perceived or actual conflict of |
13 | interest and to promote public confidence in the integrity and |
14 | impartiality of the board. At a minimum, the code of conduct |
15 | adopted under this section shall include registration of |
16 | licensed entity representatives under subsection (b) and the |
17 | restrictions under [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, business address[,] and |
22 | business telephone number of both the licensed entity |
23 | representative and [the] any licensed entity or applicant for |
24 | licensed entity licensure 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 and failure to do so shall be |
28 | punishable by the board. |
29 | (3) The [registration list] board shall maintain a |
30 | registration list which shall contain the information |
|
1 | required under paragraph (1) and which shall be available for |
2 | public inspection at the offices of the board and on the |
3 | board's Internet website. |
4 | (c) Restrictions.--A member of the board shall: |
5 | (1) Not engage in any ex parte communication with any |
6 | person. |
7 | (2) Not accept any discount, gift, gratuity, |
8 | compensation, travel, lodging or other thing of value, |
9 | directly or indirectly, from any applicant, [licensee,] |
10 | licensed entity, including any affiliate, subsidiary, |
11 | intermediary or holding company thereof, permittee[, |
12 | registrant] or licensed entity representative thereof. |
13 | (3) Disclose and [disqualify] recuse himself from any |
14 | hearing or other proceeding in which the member's |
15 | objectivity, impartiality, integrity or independence of |
16 | judgment may be reasonably questioned due to the member's |
17 | relationship or association with a party connected to any |
18 | hearing or proceeding or a person appearing before the board. |
19 | (4) Refrain from any financial or business dealing which |
20 | would tend to reflect adversely on the member's objectivity, |
21 | impartiality or independence of judgment. |
22 | (5) Not hold or campaign for public office, hold an |
23 | office in any political party or political committee as |
24 | defined in section 1513(d)(relating to political influence), |
25 | contribute to or solicit contributions to a political |
26 | campaign, [party,] political party, political committee or |
27 | candidate, publicly endorse a candidate or actively |
28 | participate in a political campaign. |
29 | (6) Not solicit funds for any charitable, educational, |
30 | religious, health, fraternal, civic or other nonprofit entity |
|
1 | from an applicant, licensed entity or affiliate, subsidiary, |
2 | intermediary or holding company of a licensed entity, |
3 | interested party, permittee or licensed entity |
4 | representative. A board member may serve as an officer, |
5 | employee or member of the governing body of a nonprofit |
6 | entity and may attend, make personal contributions to and |
7 | plan or preside over the entity's fundraising events. A board |
8 | member may permit his name to appear on the letterhead used |
9 | for fundraising events if the letterhead contains only the |
10 | board member's name and position with the nonprofit entity. |
11 | (7) Not meet or engage in discussions with any |
12 | applicant, [person licensed under this part] licensed entity, |
13 | permittee, [or a] licensed entity representative, person who |
14 | provides goods, property or services to a slot machine |
15 | licensee or any other person or entity under the jurisdiction |
16 | of the board 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 a description |
23 | of the subject matter discussed. The provisions of this |
24 | paragraph shall not apply to meetings [of the board] to |
25 | consider matters requiring the physical inspection of the |
26 | equipment or premises of an applicant or a licensed entity at |
27 | [their] the 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 log shall include: |
27 | (i) The name of the individual documenting the ex |
28 | parte communication. |
29 | (ii) The date and time of the ex parte |
30 | communication. |
|
1 | (iii) The names of all individuals involved in the |
2 | ex parte communication. |
3 | (iv) A description of the subject matter discussed |
4 | and a summary of the substance of the ex parte |
5 | communication. |
6 | (2) In addition to documenting an ex parte communication |
7 | under paragraph (1), notification of the substance of the |
8 | communication and an opportunity to respond shall be provided |
9 | to all persons directly affected by the anticipated vote or |
10 | action of the board related to the ex parte communication. |
11 | (3) (i) A board member, employee or hearing officer who |
12 | engaged in or received an ex parte communication shall |
13 | recuse himself from any hearing or other proceeding |
14 | related to the ex parte communication if the context and |
15 | substance of the ex parte communication creates |
16 | substantial reasonable doubt as to the individual's |
17 | ability to act objectively, independently or impartially. |
18 | (ii) A board member, employee or hearing officer who |
19 | engaged in or received an ex parte communication who |
20 | elects not to recuse himself from a hearing or other |
21 | proceeding shall state his reasons for not recusing |
22 | himself on the record prior to the commencement of the |
23 | hearing or proceeding. |
24 | (iii) If a legislative appointee recuses himself |
25 | from any hearing or other proceeding under this section, |
26 | any qualified majority vote required under this part |
27 | shall consist of all of the remaining legislative |
28 | appointees and at least two gubernatorial appointees. |
29 | (iv) Failure of a hearing officer or employee who |
30 | engaged in or received an ex parte communication to |
|
1 | recuse himself when required under subparagraph (i) from |
2 | a hearing or other proceeding shall be grounds for appeal |
3 | to the board. |
4 | (v) Failure of a board member who engaged in or |
5 | received an ex parte communication to recuse himself from |
6 | a hearing or other proceeding when required under |
7 | subparagraph (i) shall be grounds for appeal to a court |
8 | of competent jurisdiction if the board action being |
9 | appealed could not have occurred without the |
10 | participation of the board member. |
11 | (d) Ex officio members.--The restrictions under subsection |
12 | (c)(5) shall not apply to ex officio members. |
13 | (e) Definitions.--As used in this section, the following |
14 | words and phrases shall have the meanings given to them in this |
15 | subsection: |
16 | "Ex parte communication." An off-the-record communication |
17 | engaged in or received by a member [or], employee or hearing |
18 | officer of the board regarding the merits of or any fact in |
19 | issue relating to a pending matter before the board or which may |
20 | reasonably be expected to come before the board in a contested |
21 | on-the-record proceeding. The term shall not include off-the- |
22 | record communications by or between a member [or], employee or |
23 | hearing officer of the board, Department of Revenue, |
24 | Pennsylvania State Police, Attorney General or other law |
25 | enforcement official prior to the beginning of the proceeding |
26 | solely for the purpose of seeking clarification or correction to |
27 | evidentiary materials intended for use in the proceedings. |
28 | "Immediate family." The spouse, parents, children and |
29 | siblings. |
30 | ["Licensed entity representative." A person acting on behalf |
|
1 | of or representing the interest of any applicant, licensee, |
2 | permittee or registrant, including an attorney, agent or |
3 | lobbyist, regarding any matter which may reasonably be expected |
4 | to come before the board.] |
5 | Section 6. Title 4 is amended by adding a section to read: |
6 | § 1202.2. Expenses of regulatory agencies. |
7 | Members and employees of the board and employees of the |
8 | department, the Attorney General and the Pennsylvania State |
9 | Police whose duties substantially involve the regulation of |
10 | gaming or enforcement under this part and employees of the |
11 | Auditor General whose duties involve financial audit activities |
12 | of the board shall only be reimbursed for actual and reasonable |
13 | expenses incurred during the performance of their duties under |
14 | this part. In order to receive reimbursement for an expense in |
15 | excess of $10, the member or employee of the board, the |
16 | department, Attorney General, Auditor General or Pennsylvania |
17 | State Police shall submit a receipt validating the expense |
18 | incurred. Reimbursements, allowances or other payments in an |
19 | amount greater than the expenses for which receipts are |
20 | submitted are prohibited. Receipts and requests for | <-- |
21 | reimbursement shall be financial records for purposes of the act |
22 | of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know |
23 | Law. Information provided to the board under this subsection may | <-- |
24 | be redacted by the provider of the information. |
25 | Section 7. Section 1204 of Title 4 is amended to read: |
26 | § 1204. Licensed gaming entity application appeals from board. |
27 | The Supreme Court of Pennsylvania shall be vested with |
28 | exclusive appellate jurisdiction to consider appeals of any |
29 | final order, determination or decision of the board involving |
30 | the approval, issuance, denial or conditioning of a slot machine |
|
1 | license or table game operation certificate. Notwithstanding the |
2 | provisions of 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial |
3 | review of Commonwealth agency action) and 42 Pa.C.S. § 763 |
4 | (relating to direct appeals from government agencies), the |
5 | Supreme Court shall affirm all final orders, determinations or |
6 | decisions of the board involving the approval, issuance, denial |
7 | or conditioning of a slot machine license or table game |
8 | operation certificate unless it shall find that the board |
9 | committed an error of law or that the order, determination or |
10 | decision of the board was arbitrary and there was a capricious |
11 | disregard of the evidence. |
12 | Section 7.1. Section 1205(b)(1) and (2) of Title 4 are |
13 | amended and the subsection is amended by adding a paragraph to |
14 | read: |
15 | § 1205. License or permit application hearing process; public |
16 | input hearings. |
17 | * * * |
18 | (b) Public input hearing requirement.-- |
19 | (1) [Prior to licensing a facility under this part, the |
20 | board shall hold at least one public input hearing on the |
21 | matter.] The board shall hold at least one public input |
22 | hearing prior to: |
23 | (i) Issuing or renewing a slot machine license. |
24 | (ii) Approving the structural redesign of any |
25 | licensed facility, including a licensed facility located |
26 | in a city of the first class. |
27 | (2) All public input hearings [relating to an |
28 | application for a slot machine license] under paragraph (1) |
29 | shall be held in the municipality where the licensed facility |
30 | will be, or is, located and shall be organized in cooperation |
|
1 | with the municipality. |
2 | * * * |
3 | (4) In addition to any witnesses scheduled to testify |
4 | under paragraph (3), the board shall establish a public |
5 | comment period during which time members of the public may |
6 | address the board regarding the proposed license or |
7 | structural redesign of a licensed facility under paragraph |
8 | (1). The board, in its discretion, may place reasonable time |
9 | limits on an individual's comments. |
10 | Section 8. Section 1206(f) of Title 4 is amended to read: |
11 | § 1206. Board minutes and records. |
12 | * * * |
13 | (f) Confidentiality of information.--[All] |
14 | (1) The following information submitted by an applicant |
15 | or licensee pursuant to section 1310(a) (relating to slot |
16 | machine license application character requirements) or |
17 | 1308(a.1) (relating to applications for license or permit) or |
18 | obtained by the board or the bureau as part of a background |
19 | or other investigation from any source shall be [considered] |
20 | confidential[.] and withheld from public disclosure: |
21 | (i) All information relating to good character, |
22 | honesty and integrity, including family, habits, |
23 | reputation, history of criminal activity, business |
24 | activities, financial affairs and business, professional |
25 | and personal associations submitted under section 1310(a) |
26 | or 1308(a.1) or otherwise obtained by the board or the |
27 | bureau. |
28 | (ii) Nonpublic personal information, including |
29 | telephone numbers, Social Security numbers, educational |
30 | records, memberships, medical records, tax returns and |
|
1 | declarations, actual or proposed compensation, financial |
2 | account records, creditworthiness or a financial |
3 | condition relating to an applicant, licensee or permittee |
4 | or the immediate family thereof. |
5 | (iii) Documents and information relating to |
6 | proprietary information, trade secrets, patents or |
7 | exclusive licenses, architectural and engineering plans |
8 | and information relating to competitive marketing |
9 | materials and strategies, which may include customer- |
10 | identifying information or customer prospects for |
11 | services subject to competition. |
12 | (iv) Security information, including risk prevention |
13 | plans, detection and countermeasures, location of count |
14 | rooms, emergency management plans, security and |
15 | surveillance plans, equipment and usage protocols and |
16 | theft and fraud prevention plans and countermeasures. |
17 | (v) Information with respect to which there is a |
18 | reasonable possibility that public release or inspection |
19 | of the information would constitute an unwarranted |
20 | invasion into personal privacy of any individual as |
21 | determined by the board. |
22 | (vi) Records of an applicant or licensee not |
23 | required to be filed with the Securities and Exchange |
24 | Commission by issuers that either have securities |
25 | registered under section 12 of the Securities Exchange |
26 | Act of 1934 (48 Stat. 881, 15 U.S.C. § 78a et seq.) or |
27 | are required to file reports under section 15(d) of the |
28 | Securities Exchange Act of 1934. |
29 | (vii) Records considered nonpublic matters or |
30 | information by the Securities and Exchange Commission as |
|
1 | provided by 17 CFR 200.80 (relating to commission records |
2 | and information). |
3 | (viii) Any financial information deemed confidential |
4 | by the board upon a showing of good cause by the |
5 | applicant or licensee. |
6 | (2) No claim of confidentiality shall be made regarding |
7 | any information from a criminal history record check that is |
8 | available to the public under 18 Pa.C.S. § 9121(b) (relating |
9 | to noncriminal justice agencies and individuals). |
10 | (3) This subsection shall not apply to any information |
11 | in possession of the board that is otherwise publicly |
12 | available from another public agency in this Commonwealth or |
13 | another jurisdiction. |
14 | (4) Except as provided in section 1517(f) (relating to |
15 | [investigation] investigations and enforcement), the |
16 | information made confidential pursuant to this section shall |
17 | be withheld from public disclosure in whole or in part, |
18 | except that any confidential information shall be released |
19 | upon the lawful order of a court of competent jurisdiction |
20 | or, with the approval of the Attorney General, to a duly |
21 | authorized law enforcement agency or shall be released to the |
22 | public, in whole or in part, to the extent that such release |
23 | is requested by an applicant and does not otherwise contain |
24 | confidential information about another person. |
25 | (5) The board may seek a voluntary waiver of |
26 | confidentiality from an applicant or licensed entity but may |
27 | not require any applicant or licensed entity to waive any |
28 | confidentiality provided for in this subsection as a |
29 | condition for the approval of a license or any other action |
30 | of the board. Any [person who violates this subsection] |
|
1 | current or former board member, employee or independent |
2 | contractor of the board and any current or former member or |
3 | employee of the Pennsylvania State Police, Office of Attorney |
4 | General, Office of the Auditor General or department who |
5 | publicly discloses confidential information in violation of |
6 | this subsection shall be administratively disciplined by |
7 | discharge, suspension, termination of contract or other |
8 | formal disciplinary action as [the board deems] appropriate. |
9 | * * * |
10 | Section 8.1. Section 1207(4), (8) and (14) of Title 4 are |
11 | amended and the section is amended by adding a paragraph to |
12 | read: |
13 | § 1207. Regulatory authority of board. |
14 | The board shall have the power and its duties shall be to: |
15 | * * * |
16 | (4) Require that each licensed entity provide to the |
17 | board its audited annual financial statements, with such |
18 | additional detail as the board from time to time shall |
19 | require, which information shall be submitted not later than |
20 | [60] 90 days after the end of the licensee's fiscal year. |
21 | * * * |
22 | (7.1) Enforce prescribed hours for the operation of |
23 | table games so that a certificate holder may conduct table |
24 | games on any day during the year in order to meet the needs |
25 | of patrons or to meet competition. |
26 | (8) Require that each licensed gaming entity prohibit |
27 | persons under 21 years of age from operating or using slot |
28 | machines or playing table games. |
29 | * * * |
30 | (14) Consult with members of the Pennsylvania State |
|
1 | Police, the Office of Attorney General, the department and |
2 | such other persons it deems necessary for advice regarding |
3 | the various aspects of the powers and duties imposed on it |
4 | under this part and its jurisdiction over the authorization |
5 | and operation of slot machines, table games and licensed |
6 | facilities. |
7 | * * * |
8 | Section 8.2. Sections 1208(1), 1209(b) and (f) and 1210 of |
9 | Title 4 are amended to read: |
10 | § 1208. Collection of fees and fines. |
11 | The board has the following powers and duties: |
12 | (1) To levy and collect fees from the various |
13 | applicants, licensees and permittees to fund the operations |
14 | of the board. [The] Except as provided for table games, the |
15 | fees shall be deposited into the State Gaming Fund as |
16 | established in section 1403 (relating to establishment of |
17 | State Gaming Fund and net slot machine revenue distribution) |
18 | and distributed to the board upon appropriation by the |
19 | General Assembly. In addition to the fees set forth in |
20 | sections 1209 (relating to slot machine license fee) and 1305 |
21 | (relating to Category 3 slot machine license), the board |
22 | shall assess and collect fees as follows: |
23 | (i) Supplier licensees shall pay [a]: |
24 | (A) A fee of $25,000 upon the issuance of a |
25 | license [and $10,000 for the annual renewal of a |
26 | supplier license.] to supply slot machines or |
27 | associated equipment used in connection with slot |
28 | machines. |
29 | (B) A fee of $25,000 upon the issuance of a |
30 | license to supply table game devices or associated |
|
1 | equipment used in connection with table games or |
2 | table game devices. |
3 | (C) A fee of $15,000 for the annual renewal of |
4 | the appropriate supplier license. Upon the extension |
5 | of the renewal period under section 1317(c)(1) |
6 | (relating to supplier licenses), the fee shall be |
7 | $30,000 for the renewal. |
8 | (ii) Manufacturer licensees shall pay [a]: |
9 | (A) A fee of $50,000 upon the issuance of a |
10 | license [and $25,000 for the annual renewal of a |
11 | manufacturer license.] to manufacture slot machines |
12 | and associated equipment used in connection with slot |
13 | machines. |
14 | (B) A fee of $50,000 upon the issuance of a |
15 | license to manufacture table game devices or |
16 | associated equipment used in connection with table |
17 | games or table game devices. |
18 | (C) A manufacturer licensee shall pay an annual |
19 | fee of $30,000 for the annual renewal of the |
20 | appropriate manufacturer license. Upon the extension |
21 | of the renewal period under section 1317.1(c)(1) |
22 | (relating to manufacturer licenses), the fee shall be |
23 | $75,000 for the renewal. |
24 | (iii) Each application for a slot machine license, |
25 | supplier license or manufacturer license must be |
26 | accompanied by a nonrefundable fee set by the board for |
27 | the cost of each individual requiring a background |
28 | investigation. The reasonable and necessary costs and |
29 | expenses incurred in any background investigation or |
30 | other investigation or proceeding concerning any |
|
1 | applicant, licensee, permittee or registrant shall be |
2 | reimbursed to the board by those persons. |
3 | * * * |
4 | § 1209. Slot machine license fee. |
5 | * * * |
6 | (b) Term.--A slot machine license, after payment of the fee, |
7 | shall be in effect unless suspended, revoked or not renewed by |
8 | the board upon good cause consistent with the license |
9 | requirements as provided for in this part. Slot machine |
10 | licensees shall be required to update the information in their |
11 | initial applications annually, and the license of a licensee in |
12 | good standing shall be updated and renewed annually for two |
13 | subsequent years following the initial license issuance. |
14 | Thereafter, license renewals shall be every three years. Nothing |
15 | in this subsection shall relieve a licensee of the affirmative |
16 | duty to notify the board of any changes relating to the status |
17 | of its license or to any other information contained in |
18 | application materials on file with the board. As to the renewal |
19 | of a license, no additional license fee pursuant to subsection |
20 | (a) shall be required. |
21 | * * * |
22 | [(f) Return of slot machine license fee.-- |
23 | (1) The entire one-time slot machine license fee of |
24 | $50,000,000 for each Category 1 and Category 2 slot machine |
25 | license shall be returned to each licensee in the event |
26 | section 1201 (relating to Pennsylvania Gaming Control Board |
27 | established), 1202 (relating to general and specific powers) |
28 | or 1307 (relating to number of slot machine licenses) is |
29 | amended or otherwise altered by an act of the General |
30 | Assembly within five years following the initial issuance of |
|
1 | any slot machine licenses pursuant to section 1301 (relating |
2 | to authorized slot machine licenses) to change: |
3 | (i) the composition of the board; |
4 | (ii) the number or voting powers of members of the |
5 | board; |
6 | (iii) the manner in which members are nominated or |
7 | appointed to the board; |
8 | (iv) the length of term for which each member |
9 | serves; |
10 | (v) the general jurisdiction of the board in a |
11 | manner that impairs or otherwise reduces the board's |
12 | licensing authority; or |
13 | (vi) section 1307 to increase the statutory maximum |
14 | number of permissible licensed facilities. |
15 | (2) In the event that this part is amended or otherwise |
16 | altered by an act of the General Assembly as described |
17 | pursuant to paragraph (1): |
18 | (i) In the sixth year following the initial issuance |
19 | of any slot machine licenses pursuant to section 1301, a |
20 | Category 1 and 2 slot machine licensee shall be entitled |
21 | to a partial return of the one-time slot machine license |
22 | fee in the amount of $41,666,667. |
23 | (ii) In the seventh year, the licensee shall be |
24 | entitled to a partial return of the one-time slot machine |
25 | license fee in the amount of $33,333,334. |
26 | (iii) In the eighth year, the licensee shall be |
27 | entitled to a partial return of the one-time slot machine |
28 | license fee in the amount of $25,000,000. |
29 | (iv) In the ninth year, the licensee shall be |
30 | entitled to a partial return of the one-time slot machine |
|
1 | license fee in the amount of $16,666,668. |
2 | (v) In the tenth year, the licensee shall be |
3 | entitled to a partial return of the one-time machine |
4 | license fee in the amount of $8,333,334. |
5 | In the event that the action described in paragraph (1) occurs |
6 | after the expiration of ten years, the licensee shall not be |
7 | entitled to a return of any portion of the one-time slot machine |
8 | license fee. Notwithstanding the foregoing, no slot machine |
9 | licensee shall be entitled to the return of any portion of the |
10 | fee as a result of any act of the General Assembly insofar as it |
11 | implements a recommendation made by the board pursuant to a |
12 | qualified majority vote. In the event a full or partial return |
13 | of the slot machine license fee imposed pursuant to subsection |
14 | (a) becomes due pursuant to this subsection, the amount to be |
15 | returned to any slot machine licensee shall be reduced on a |
16 | dollar-for-dollar basis by the total accumulated tax credits |
17 | granted to such licensee pursuant to subsection (c). In no event |
18 | shall the total amount of the slot machine license fee returned, |
19 | combined with the total tax credits granted, exceed the amounts |
20 | set forth in this subsection for any licensee. The total or |
21 | partial return of the slot machine license fee shall extinguish |
22 | a licensee's right to claim any further tax credits pursuant to |
23 | subsection (c).] |
24 | § 1210. Number of slot machines. |
25 | (a) Initial complement.--Except as provided for Category 3 |
26 | slot machine licensees under section 1305 (relating to Category |
27 | 3 slot machine license), all slot machine licensees shall be |
28 | permitted to operate up to 3,000 slot machines at any one |
29 | licensed facility and shall be required to operate and make |
30 | available to play a minimum of 1,500 machines at any one |
|
1 | licensed facility within one year of the issuance by the board |
2 | of a slot machine license unless otherwise extended by the |
3 | board, upon application and for good cause shown, for an |
4 | additional period not to exceed 24 months. |
5 | (a.1) Minimum number of slot machines.--Except as provided |
6 | for Category 3 slot machine licensees under section 1305 and |
7 | during the conversion from a temporary to a permanent facility, |
8 | approved renovations for a limited time or an emergency, all |
9 | slot machine licensees shall be required to operate and make |
10 | available for play a minimum of 1,850 machines at any one |
11 | licensed facility at all times. |
12 | (b) Additional slot machines.--Except as provided for |
13 | Category 3 slot machine licensees under section 1305, six months |
14 | following the date of commencement of slot machine operations, |
15 | the board may permit a slot machine licensee to install and |
16 | operate up to 2,000 additional slot machines at its licensed |
17 | facility, beyond those machines authorized under subsection (a), |
18 | upon application by the slot machine licensee. The board, in |
19 | considering such an application, shall take into account the |
20 | appropriateness of the physical space where the additional slot |
21 | machines will be located and the convenience of the public |
22 | attending the facility. The board may also take into account the |
23 | potential benefit to economic development, employment and |
24 | tourism, enhanced revenues to the Commonwealth and other |
25 | economic indicators it deems applicable in making its decision. |
26 | (c) Limitation.--For the two and one-half years following |
27 | the beginning of slot machine operations at the licensed |
28 | facility, no licensed gaming entity may make available for play |
29 | by its patrons at its licensed facility more than 50% of slot |
30 | machines from the same manufacturer or its affiliate, |
|
1 | intermediary, subsidiary or holding company. The provisions of |
2 | this subsection shall not apply to machines purchased pursuant |
3 | to a contract or order executed by a conditional Category 1 or |
4 | Category 1 slot machine licensee prior to October 20, 2006. |
5 | Section 9. Section 1211(a) of Title 4 is amended and the |
6 | section is amended by adding subsections to read: |
7 | § 1211. Reports of board. |
8 | (a) Report of board.--Eighteen months after the effective |
9 | date of this part and every year on that date thereafter, the |
10 | board shall issue a report to the Governor and each member of |
11 | the General Assembly on the general operation of the board and |
12 | each slot machine licensee's performance, including, but not |
13 | limited to, number and win per slot machine and total gross |
14 | table game revenue at each licensed [facilities] facility during |
15 | the previous year, all taxes, fees, fines and other revenues |
16 | collected and, where appropriate, disbursed, the costs of |
17 | operation of the board, all hearings conducted and the results |
18 | of the hearings and other information that the board deems |
19 | necessary and appropriate. |
20 | (a.1) Expenses.--Beginning 30 days after the effective date |
21 | of this subsection, the board shall post by the 15th within 45 | <-- |
22 | days of the end of each month on its Internet website a list of |
23 | all its itemized expenses for the preceding month of employees |
24 | and members of the board and all itemized expenses of officers |
25 | and employees of the department, the Attorney General and the |
26 | Pennsylvania State Police whose duties involve the regulation of |
27 | gaming under this part and all itemized expenses of officers and |
28 | employees of the Auditor General whose duties involve audit |
29 | activities of the board. The list lists shall identify the | <-- |
30 | nature of the expense, the employee or board member and the |
|
1 | agency and employee of the agency to which an expense is |
2 | attributable. The list shall include each expense for which a |
3 | receipt is submitted to obtain reimbursement. If if the expense | <-- |
4 | is directly attributable to or paid by a licensed gaming entity, | <-- |
5 | the list shall identify the licensed gaming entity and whether |
6 | the expense was paid by the licensed gaming entity. By October 1 |
7 | of each year, a final report of all expenses for the preceding |
8 | fiscal year shall be posted on the board's Internet website. The |
9 | board, the department, the Attorney General, the Auditor General |
10 | and the Pennsylvania State Police shall collaborate to develop a |
11 | uniform system to carry out the requirements of this subsection. |
12 | Information provided to the board for posting under this | <-- |
13 | subsection may be redacted by the provider of the information. |
14 | * * * |
15 | (e) Submission of reports.--Notwithstanding any other |
16 | provision of this part to the contrary, all reports and studies |
17 | of the board required to be submitted to the General Assembly |
18 | under this part after the effective date of this subsection |
19 | shall be submitted by October 1, 2010, and annually thereafter. |
20 | Section 9.1. Title 4 is amended by adding a section to read: |
21 | § 1211.1. Report by slot machine licensee. |
22 | (a) Report.--Each slot machine licensee shall annually |
23 | compile, or cause to be compiled, and submit to the board and |
24 | the General Assembly a report on minors and unauthorized gaming. |
25 | The report shall include the following information for the |
26 | licensed facility that the licensee is licensed to operate: |
27 | (1) The number of minors who were denied entry into the |
28 | licensed facility. |
29 | (2) The number of minors who were physically escorted |
30 | from the premises of the licensed facility. |
|
1 | (3) The number of minors who were detected participating |
2 | or attempting to participate in slot machine and table | <-- |
3 | gaming. |
4 | (4) The number of minors who were taken into custody by |
5 | a law enforcement agency on the premises of the licensed |
6 | facility. |
7 | (5) The number of minors who were detected illegally |
8 | consuming alcohol on the premises of the licensed facility IN | <-- |
9 | the area where slot machines or table games are located. | <-- |
10 | (6) The number of self-excluded and excluded persons who | <-- |
11 | were denied entry into the table game facility area where | <-- |
12 | table games, including tournaments and contests are located. |
13 | (7) A summary of the action taken by the slot machine |
14 | licensee in resolution of incidents under paragraphs (1), |
15 | (2), (3), (4), (5) and (6), including any action, resolution |
16 | or disposition of any violations of this part. |
17 | (8) A summary of actions taken and controls implemented |
18 | by the slot machine licensee to prevent facility access by | <-- |
19 | minors and to prevent underage gaming and underage drinking | <-- |
20 | in the licensed facility. | <-- |
21 | (b) Definition.--As used in this subsection the term "minor" |
22 | shall mean an individual who is under 21 years of age. |
23 | Section 10. Sections 1212 and 1213 of Title 4 are amended to |
24 | read: |
25 | § 1212. Diversity goals of board. |
26 | (a) Intent.--It is the intent and goal of the General |
27 | Assembly that the board promote and ensure diversity in all |
28 | aspects of the gaming activities authorized under this part. The |
29 | board shall work to enhance the representation of diverse groups |
30 | in [the]: |
|
1 | (1) The ownership[, participation and operation] of |
2 | licensed entities and licensed facilities in this |
3 | Commonwealth [and through the]. |
4 | (2) The ownership[, participation and operation] of |
5 | business enterprises associated with or utilized by licensed |
6 | entities and licensed facilities and through the provision of |
7 | goods and services utilized by slot machine licensees under |
8 | this part. |
9 | (3) The operation of licensed entities and licensed |
10 | facilities and the conduct of slot machine and table gaming | <-- |
11 | in this Commonwealth by ensuring licensed entities and | <-- |
12 | licensed facilities promote the participation of diverse |
13 | groups by affording equal access to employment opportunities, |
14 | including key employee, gaming employee, and nongaming |
15 | employee positions. |
16 | (4) The operation of business enterprises associated |
17 | with or utilized by licensed entities and licensed | <-- |
18 | facilities, including business enterprises that provide |
19 | goods, property and services utilized by slot machine |
20 | licensees in this Commonwealth by ensuring these business |
21 | enterprises promote the participation of diverse groups by |
22 | affording equal access to employment opportunities. |
23 | (5) The construction, renovation or reconstruction of a |
24 | licensed facility by ensuring that all contracts and |
25 | subcontracts to be awarded relating to the construction, |
26 | renovation or reconstruction of a licensed facility contain |
27 | adequate provisions ensuring all contractors or |
28 | subcontractors, including any assignees, will promote the |
29 | participation of diverse groups in any proposed construction, |
30 | renovation or reconstruction project by affording equal |
|
1 | access to employment opportunities. |
2 | (6) The rendering of professional services to licensed |
3 | entities and licensed facilities by ensuring licensed | <-- |
4 | entities and licensed facilities promote the participation of | <-- |
5 | diverse groups by affording equal access to professional |
6 | service contractual opportunities. |
7 | (b) Investigations.--The board [is authorized to] shall |
8 | investigate and conduct [an annual study] quarterly reviews to |
9 | evaluate the effectiveness of all diversity plans submitted by | <-- |
10 | applicants for a slot machine license in accordance with section |
11 | 1325 (relating to license or permit issuance) of this part, make |
12 | recommendations for improvements to such diversity plans and |
13 | ascertain whether effective and meaningful action has been taken |
14 | or will be taken to [enhance] achieve the representation of |
15 | diverse groups in the ownership, participation and operation of |
16 | licensed facilities in this Commonwealth, through the ownership |
17 | and operation of business enterprises associated with or |
18 | utilized by slot machine and table game licensees, through the |
19 | provision of goods, property and services utilized by slot |
20 | machine and table game licensees and through employment |
21 | opportunities. |
22 | (c) Completion of investigation.--The first [study] review | <-- |
23 | shall be completed six months following the effective date of |
24 | this [part] section, if practically possible, and [annually] | <-- |
25 | quarterly thereafter and shall contain recommendations which the | <-- |
26 | board determines appropriate. Each study review shall contain, | <-- |
27 | at a minimum: |
28 | (1) A descriptive summary of the board's efforts to |
29 | promote and ensure diversity in all aspects of its operation. |
30 | (2) A descriptive summary of the following relating to |
|
1 | each slot machine licensee's licensed facility: |
2 | (i) Employment and salary range information. |
3 | (ii) Employee recruitment and retention programs |
4 | designed to ensure the participation of diverse groups in |
5 | employment positions at the licensed facility by the slot | <-- |
6 | machine licensee. |
7 | (iii) Minority-owned business enterprise and women- |
8 | owned business enterprise contracting and subcontracting |
9 | data. |
10 | (d) Facility responsibility Responsibility of slot machine | <-- |
11 | licensee.--Each licensed facility slot machine licensee shall | <-- |
12 | provide information as requested by the board to enable the |
13 | board to complete the study quarterly reviews required under | <-- |
14 | subsection (c). |
15 | (e) Definition.--As used in this section the term |
16 | "professional services" means those services rendered to a |
17 | licensed entity or licensed facility slot machine licensee in | <-- |
18 | this Commonwealth, including, but not limited to: |
19 | (1) Legal services. |
20 | (2) Advertising or public relations services. |
21 | (3) Engineering services. |
22 | (4) Architectural, landscaping or surveying services. |
23 | (5) Accounting, auditing or actuarial services. |
24 | (6) Security consultant services. |
25 | (7) Computer and information technology services, except |
26 | telephone service. |
27 | § 1213. License or permit prohibition. |
28 | [No applicant for a license or permit under this part, |
29 | including principals and key employees,] The following apply: |
30 | (1) The board shall be prohibited from granting a |
|
1 | principal license to a person who has been convicted of a |
2 | felony [or gambling] offense in any jurisdiction [shall be |
3 | issued a license or permit unless 15 years has elapsed from |
4 | the date of expiration of the sentence for the offense]. |
5 | (2) [When determining whether to issue a license or |
6 | permit to an applicant who has been convicted in any |
7 | jurisdiction of a felony or gambling offense,] In addition to |
8 | the prohibition under paragraph (1), the board shall be |
9 | prohibited from granting the following: |
10 | (i) A principal license to a person who has been |
11 | convicted of a gambling offense in any jurisdiction that |
12 | is classified as a misdemeanor punishable by imprisonment |
13 | of more than one year unless 15 years have elapsed from |
14 | the date of conviction for the offense. |
15 | (ii) A key employee, gaming employee permit or |
16 | license other than a principal license to a person who |
17 | has been convicted of a felony offense or a gambling |
18 | offense classified as a misdemeanor punishable by |
19 | imprisonment of more than one year in any jurisdiction |
20 | unless 15 years have elapsed from the date of conviction |
21 | for the offense. |
22 | (3) Following the expiration of the prohibition period |
23 | under paragraph (2), in determining whether to issue a |
24 | license or permit under paragraph (2), the board shall |
25 | consider the following factors: |
26 | [(1)] (i) The nature and duties of the applicant's |
27 | position with the licensed entity. |
28 | [(2)] (ii) The nature and seriousness of the offense |
29 | or conduct. |
30 | [(3)] (iii) The circumstances under which the |
|
1 | offense or conduct occurred. |
2 | [(4)] (iv) The age of the applicant when the offense |
3 | or conduct was committed. |
4 | [(5)] (v) Whether the offense or conduct was an |
5 | isolated or a repeated incident. |
6 | [(6)] (vi) Any evidence of rehabilitation, including |
7 | good conduct in the community, counseling or psychiatric |
8 | treatment received and the recommendation of persons who |
9 | have substantial contact with the applicant. |
10 | (4) For purposes of this section, a felony offense is an |
11 | offense punishable by imprisonment for more than five years. |
12 | Section 10.1. Title 4 is amended by adding a section | <-- |
13 | sections to read: | <-- |
14 | § 1214. Specific authority to suspend slot machine license. |
15 | (a) Conditions.--Any slot machine licensee that is required |
16 | as a condition of slot machine licensure to make annual payments |
17 | to a municipality or municipal authority for an economic |
18 | development project, including any project enumerated in the act |
19 | of July 25, 2007 (P.L.342, No.53), known as Pennsylvania Gaming |
20 | Economic Development and Tourism Fund Capital Budget Itemization |
21 | Act of 2007, shall enter into a written agreement with the |
22 | municipality or municipal authority and make the first annual |
23 | payment required under the agreement by October 15 December 31, | <-- |
24 | 2009. |
25 | (b) Failure to meet conditions.--If the slot machine |
26 | licensee and the municipality or municipal authority fail to |
27 | enter into a written agreement, and the slot machine licensee |
28 | fails to make the first required annual payment under the |
29 | written agreement, by October 15, 2009, the board shall |
30 | immediately suspend the slot machine license and appoint a |
|
1 | trustee to oversee the operations of the licensed gaming |
2 | facility. The trustee shall immediately remit the first required |
3 | annual payment to the municipality or municipal authority on |
4 | behalf of the slot machine licensee. |
5 | (c) Terms of license suspension.--The slot machine license |
6 | suspension shall remain in effect until the slot machine |
7 | licensee and the municipality or municipal authority execute a |
8 | written agreement governing the terms of the required annual |
9 | payments, including the date on which the payments shall be |
10 | made, the amount of each annual payment and the duration of the |
11 | annual payments. The trustee shall establish an account or |
12 | accounts to place all profits of the slot machine licensee from |
13 | gaming or other revenues of the slot machine licensee's licensed |
14 | facility until a written agreement is executed between the slot |
15 | machine licensee and the municipality or municipal authority. |
16 | (d) Violation of written agreement.--If any slot machine |
17 | licensee that is required as a condition of slot machine |
18 | licensure to make annual payments to a municipality or municipal |
19 | authority for an economic development project, including any |
20 | project enumerated in the Pennsylvania Gaming Economic |
21 | Development and Tourism Fund Capital Budget Itemization Act of |
22 | 2007, fails to make any required payment in accordance with the |
23 | terms of any written agreement between the slot machine licensee |
24 | and the municipality or municipal authority governing the |
25 | economic development project, the board shall immediately |
26 | suspend the slot machine license and appoint a trustee to |
27 | oversee the operations of the licensed gaming facility. The |
28 | trustee shall continue to make payments to the municipality or |
29 | municipal authority according to the terms of the written |
30 | agreement and establish an account or accounts to place the |
|
1 | profits of the slot machine licensee from gaming or other |
2 | revenues of the slot machine licensee's licensed facility |
3 | pending resolution of the payment issue between the slot machine |
4 | licensee and the municipality or municipal authority. |
5 | § 1215. Auditor General's reports. | <-- |
6 | (a) Annual audit.--In cooperation with the department and |
7 | the State Treasurer, the Auditor General shall annually audit |
8 | and report on the amounts and uses of the distributions made |
9 | under Chapter 14 (relating to revenues) from the State Gaming |
10 | Fund, the local share assessment to counties and municipalities, |
11 | the Pennsylvania Race Horse Development Fund and the |
12 | Pennsylvania Gaming Economic Development and Tourism Fund. |
13 | (b) Internal audit.--Every four years, the Auditor General |
14 | shall perform an internal audit of the expenses and revenues of |
15 | the board. In addition to examining the agency's financial |
16 | statements, the Auditor General shall be entitled to examine |
17 | original source documents at such times as is believed necessary |
18 | or may otherwise examine original documents on a random basis |
19 | designed to ensure the integrity of the audit. The audit shall |
20 | include the expenses incurred by individual members of the board |
21 | and reimbursed or otherwise paid for by the board. The Auditor |
22 | General shall prepare a written report of its audits under this |
23 | section and submit a copy of the report to the Community, |
24 | Economic and Recreational Development Committee of the Senate |
25 | and the Gaming Oversight Committee of the House of |
26 | Representatives no later than April 1 of each year. |
27 | Section 10.2. Section 1305(a)(1), (c), (d) and (e) of Title |
28 | 4 are amended to read: |
29 | § 1305. Category 3 slot machine license. |
30 | (a) Eligibility.-- |
|
1 | (1) A person may be eligible to apply for a Category 3 |
2 | license if the applicant, its affiliate, intermediary, |
3 | subsidiary or holding company has not applied for or been |
4 | approved or issued a Category 1 or 2 license and the person |
5 | is seeking to locate a Category 3 licensed facility in a |
6 | well-established resort hotel having no fewer than 275 guest |
7 | rooms under common ownership and having substantial year- |
8 | round recreational guest amenities. The applicant for a |
9 | Category 3 license shall be the owner or be a wholly owned |
10 | subsidiary of the owner of the established resort hotel. [A |
11 | Category 3 license may only be granted upon the express |
12 | condition that an individual may not enter a gaming area of |
13 | the licensee if the individual is not a registered overnight |
14 | guest of the established resort hotel or if the individual is |
15 | not a patron of one or more of the amenities provided by the |
16 | established resort hotel.] |
17 | * * * |
18 | (c) Number of slot machines.--Notwithstanding the number of |
19 | permissible slot machines as set forth in section 1210 (relating |
20 | to number of slot machines), a Category 3 license granted under |
21 | the provisions of this section shall entitle the licensed entity |
22 | to operate no more than 500 slot machines at the licensed |
23 | facility, provided, however, the board may increase the number |
24 | of slot machines by a number not to exceed 1,000 slot machines |
25 | in the aggregate upon good cause shown by the slot machine |
26 | licensee and payment of the additional fee pursuant to |
27 | subsection (d). |
28 | (d) Category 3 license fee.--Notwithstanding the one-time |
29 | slot machine license fee as set forth in section 1209 (relating |
30 | to slot machine license fee), the board shall impose a one-time |
|
1 | Category 3 license fee to be paid by each successful applicant |
2 | in the amount of $5,000,000 to be deposited in the State Gaming |
3 | Fund. If the board authorizes the operation of more than 500 |
4 | slot machines at a Category 3 facility pursuant to subsection |
5 | (c), the board shall impose a one-time fee in the amount of |
6 | $5,000,000 for each additional 250 slot machines. The fee for |
7 | the additional slot machines shall be in addition to the |
8 | $5,000,000 fee required to operate 500 slot machines pursuant to |
9 | subsection (c) and shall be deposited into the General Fund. The |
10 | provisions of section 1209 relating to term, credit against tax |
11 | for slot machine licensees, deposit of license fee and change of |
12 | ownership or control of a license shall be applicable to a |
13 | Category 3 license fee. |
14 | (e) Definitions.--For the purpose of subsection (a), the |
15 | following words and phrases shall have the meaning given to them |
16 | in this subsection: |
17 | "Amenities." Any ancillary activities, services or |
18 | facilities in which a registered guest or the transient public[, |
19 | in return for non-de minimis consideration as defined by board |
20 | regulation,] may participate at a resort hotel, including, but |
21 | not limited to, sports and recreational activities and |
22 | facilities such as a golf course or golf driving range, tennis |
23 | courts or swimming pool; health spa; convention, meeting and |
24 | banquet facilities; entertainment facilities; and restaurant |
25 | facilities. |
26 | ["Patron of the amenities." Any individual who is a |
27 | registered attendee of a convention, meeting or banquet event or |
28 | a participant in a sport or recreational event or any other |
29 | social, cultural or business event held at a resort hotel or who |
30 | participates in one or more of the amenities provided to |
|
1 | registered guests of the resort hotel.] |
2 | Section 10.3. Section 1308 of Title 4 is amended by adding a |
3 | subsection to read: |
4 | § 1308. Applications for license or permit. |
5 | * * * |
6 | (a.1) Submission of information.--Notwithstanding the |
7 | provisions of 18 Pa.C.S. § 9124(b) (relating to use of records |
8 | by licensing agencies), an application for a license or permit |
9 | under this part shall include all arrests and convictions of the |
10 | applicant. The information shall include: |
11 | (1) A brief description of the circumstances surrounding |
12 | the arrest. |
13 | (2) The specific offense charged. |
14 | (3) The ultimate disposition of the charges, including |
15 | the details of any dismissal, plea bargain, conviction or |
16 | sentence, including any pardon, expungement or order of |
17 | Accelerated Rehabilitative Disposition. |
18 | * * * |
19 | Section 10.4. Sections 1310 and 1313(c) of Title 4 are |
20 | amended to read: |
21 | § 1310. Slot machine license application character |
22 | requirements. |
23 | (a) Application.-- |
24 | (1) Every application for a slot machine license shall |
25 | include such information, documentation and assurances as may |
26 | be required to establish by clear and convincing evidence the |
27 | applicant's suitability, including good character, honesty |
28 | and integrity. Information shall include, without limitation, |
29 | information pertaining to family, habits, character, |
30 | reputation, criminal history background, business activities, |
|
1 | financial affairs and business, professional and personal |
2 | associates, covering at least the ten-year period immediately |
3 | preceding the filing date of the application. |
4 | (2) Notwithstanding 18 Pa.C.S. § 9124(b) (relating to |
5 | use of records by licensing agencies), a conviction that has |
6 | been expunged or overturned, or for which a person has been |
7 | pardoned or an order of Accelerated Rehabilitative |
8 | Disposition has been issued, shall be included with an |
9 | application and shall be considered by the board as part of |
10 | the review of the applicant's suitability under paragraph |
11 | (1). |
12 | (b) Civil judgments and law enforcement agency |
13 | information.--Each applicant shall notify the board of any civil |
14 | judgments obtained against the applicant pertaining to antitrust |
15 | or security regulation laws of the Federal Government, this |
16 | Commonwealth or any other state, jurisdiction, province or |
17 | country. In addition, each applicant shall produce a letter of |
18 | reference from law enforcement agencies having jurisdiction in |
19 | the applicant's place of residence and principal place of |
20 | business, which letter of reference shall indicate that the law |
21 | enforcement agencies do not have any pertinent information |
22 | concerning the applicant or, if the law enforcement agency does |
23 | have information pertaining to the applicant, shall specify the |
24 | nature and content of that information. If no letters are |
25 | received within 30 days of the request, the applicant may submit |
26 | a statement under oath which is subject to the penalty for false |
27 | swearing under 18 Pa.C.S. § 4903 (relating to false swearing) |
28 | that the applicant is or was during the period the activities |
29 | were conducted in good standing with the gaming or casino |
30 | enforcement or control agency. |
|
1 | (c) Gaming or casino enforcement agency information.--If the |
2 | applicant has held a gaming license in a jurisdiction where |
3 | gaming activities are permitted, the applicant shall produce a |
4 | letter of reference from the gaming or casino enforcement or |
5 | control agency which shall specify the experiences of that |
6 | agency with the applicant, the applicant's associates and the |
7 | applicant's gaming operation. If no letters are received within |
8 | 30 days of the request, the applicant may submit a statement |
9 | under oath which is subject to the penalty for false swearing |
10 | under 18 Pa.C.S. § 4903 that the applicant is or was during the |
11 | period the activities were conducted in good standing with the |
12 | gaming or casino enforcement or control agency. |
13 | (d) Agency records.--Each applicant for a slot machine |
14 | license, principal license or key employee license shall be |
15 | required to apply to the Federal agency deemed appropriate by |
16 | the board for agency records under the Freedom of Information |
17 | Act (Public Law 89-554, 5 U.S.C. § 522) pertaining to the |
18 | applicant and provide the board with the complete record |
19 | received from the Federal agency. The board may issue a license |
20 | to the applicant prior to the receipt of information under this |
21 | subsection. |
22 | § 1313. Slot machine license application financial fitness |
23 | requirements. |
24 | * * * |
25 | (c) Applicant's ability to pay license fee.--The board shall |
26 | require each applicant for a Category 1 or 2 slot machine |
27 | license at the time of application to post a letter of credit or |
28 | bond in the amount of $50,000,000 to demonstrate the financial |
29 | ability to pay the slot machine license fee as required in |
30 | section 1209 (relating to slot machine license fee) if issued a |
|
1 | slot machine license by the board. Each applicant for a Category |
2 | 3 slot machine license at the time of application shall be |
3 | required to post a letter of credit or bond in the amount of |
4 | $5,000,000 to demonstrate the financial ability to pay the |
5 | Category 3 slot machine license fee as required in section 1305 |
6 | (relating to Category 3 slot machine license) if issued a slot |
7 | machine license by the board. Each Category 3 slot machine |
8 | licensee that seeks to increase the number of slot machines in |
9 | operation at the licensed facility pursuant to section 1305(c) |
10 | (relating to Category 3 slot machine license) shall be required |
11 | to post a letter of credit or bond in the amount of $5,000,000 |
12 | to demonstrate the financial ability to pay the additional |
13 | Category 3 slot machine license fee as required in section |
14 | 1305(d). |
15 | * * * |
16 | Section 10.5. Sections 1317(a) and (c) and 1317.1(a), (b) |
17 | (5), (c), (d.1) and (e) of Title 4 are amended and the sections |
18 | are amended by adding subsections to read: |
19 | § 1317. Supplier licenses. |
20 | (a) Application.--A manufacturer that elects to contract |
21 | with a supplier under section 1317.1(d.1) (relating to |
22 | manufacturer licenses) shall ensure that the supplier is |
23 | licensed under this section. A person seeking to provide slot |
24 | machines, table game devices or associated equipment to a slot |
25 | machine licensee within this Commonwealth through a contract |
26 | with a licensed manufacturer shall apply to the board for a |
27 | supplier license. |
28 | * * * |
29 | (c) Review and approval.--Upon being satisfied that the |
30 | requirements of subsection (b) have been met or waived under |
|
1 | subsection (c.1), the board may approve the application and |
2 | issue the applicant a supplier license consistent with all of |
3 | the following: |
4 | (1) [The license shall be for a period of one year. Upon |
5 | expiration, the license may be renewed in accordance with |
6 | subsection (d)] The initial license shall be for a period of |
7 | one year and shall be subject to renewal annually under |
8 | subsection (d) for two consecutive one-year periods following |
9 | the initial issuance. Thereafter, a license shall be subject |
10 | to renewal every three years. Nothing in this paragraph shall |
11 | relieve the a licensee of the affirmative duty to notify the | <-- |
12 | board of any changes relating to the status of its license or |
13 | to any information contained in application materials on file |
14 | with the board. |
15 | * * * |
16 | (c.1) Waiver.--The board shall establish standards and a |
17 | procedure to allow the board to waive the requirements of this |
18 | section for any person who holds a supplier license under this |
19 | section and who seeks to supply table game devices or associated |
20 | equipment. The board may only waive the requirements of this |
21 | section if: |
22 | (1) The supplier license was issued by the board within |
23 | a 36-month period immediately preceding the date the supplier |
24 | licensee files an initial application to supply table game |
25 | devices or associated equipment. |
26 | (2) The person to whom the supplier license was issued |
27 | affirms there has been no material change in circumstances |
28 | relating to the license. |
29 | (3) The board determines there has been no material |
30 | change in circumstances relating to the license that |
|
1 | necessitates, at the discretion of the board, that the |
2 | requirements of this section not be waived. |
3 | * * * |
4 | § 1317.1. Manufacturer licenses. |
5 | (a) Application.--A person seeking to manufacture slot |
6 | machines, table game devices and associated equipment for use in |
7 | this Commonwealth shall apply to the board for a manufacturer |
8 | license. |
9 | (b) Requirements.--An application for a manufacturer license |
10 | shall be on the form required by the board, accompanied by the |
11 | application fee, and shall include all of the following: |
12 | * * * |
13 | (5) The type of slot machines, table game devices or |
14 | associated equipment to be manufactured or repaired. |
15 | (c) Review and approval.--Upon being satisfied that the |
16 | requirements of subsection (b) have been met or waived under |
17 | subsection (c.1), the board may approve the application and |
18 | grant the applicant a manufacturer license consistent with all |
19 | of the following: |
20 | (1) [The license shall be for a period of one year. Upon |
21 | expiration, a license may be renewed in accordance with |
22 | subsection (d)] The initial license shall be for a period of |
23 | one year and shall be subject to renewal annually under |
24 | subsection (d) for two consecutive one-year periods following |
25 | the initial issuance. Thereafter, a license shall be subject |
26 | to renewal every three years. Nothing in this paragraph shall |
27 | relieve the licensee of the affirmative duty to notify the |
28 | board of any changes relating to the status of its license or |
29 | to any other information contained in application materials |
30 | on file with the board. |
|
1 | (2) The license shall be nontransferable. |
2 | (3) Any other condition established by the board. |
3 | (c.1) Waiver.--The board shall establish standards and a |
4 | procedure to allow the board to waive the requirements of this |
5 | section for any person who holds a manufacturer license under |
6 | this section and who seeks to manufacture table game devices or |
7 | associated equipment. The board may only waive the application |
8 | requirement under this section if: |
9 | (1) The manufacturer license was issued by the board |
10 | within a 36-month period immediately preceding the date the |
11 | manufacturer licensee files an application to manufacture |
12 | table game devices or associated equipment. |
13 | (2) The person to whom the manufacturer license was |
14 | issued affirms there has been no material change in |
15 | circumstances relating to the license. |
16 | (3) The board determines there has been no material |
17 | change in circumstances of the licensee that necessitates, at |
18 | the discretion of the board, that the requirements of this |
19 | section not be waived. |
20 | * * * |
21 | (d.1) Authority.--The following shall apply to a licensed |
22 | manufacturer: |
23 | (1) A licensed manufacturer or its designee, as licensed |
24 | by the board, may supply or repair any slot machine, table |
25 | game device or associated equipment manufactured by the |
26 | licensed manufacturer. |
27 | (2) A manufacturer may contract with a supplier under |
28 | section 1317 (relating to supplier licenses) to provide slot |
29 | machines or associated equipment to a slot machine licensee |
30 | within this Commonwealth. |
|
1 | (3) A manufacturer may contract with a supplier under |
2 | section 1317 to provide table games game devices or | <-- |
3 | associated equipment to a certificate holder. |
4 | (e) Prohibitions.-- |
5 | (1) No person may manufacture slot machines, table game |
6 | devices or associated equipment for use within this |
7 | Commonwealth by a slot machine licensee unless the person has |
8 | been issued a manufacturer license as required under this |
9 | section. |
10 | (2) No slot machine licensee may use slot machines, |
11 | table game devices or associated equipment unless the slot |
12 | machines, table game devices or associated equipment were |
13 | manufactured by a person that has been issued a manufacturer |
14 | license under this section. |
15 | (3) No person issued a license under this section shall |
16 | apply for or be issued a license under section 1317. |
17 | (4) No limitation shall be placed on the number of |
18 | manufacturer licenses issued or the time period to submit |
19 | applications for licensure, except as required to comply with |
20 | section 1306 (relating to order of initial license issuance). |
21 | Section 10.6. Title 4 is amended by adding a section to |
22 | read: |
23 | § 1317.2. Gaming service provider. |
24 | (a) Development of classification system.--The board shall |
25 | develop uniform standards and procedures governing the |
26 | registration regulation of gaming service providers. Each | <-- |
27 | applicant and all individuals and entities associated with the | <-- |
28 | applicant for authorization to act as a gaming service provider | <-- |
29 | shall submit to a background investigation. The classification |
30 | system developed by the board shall be based upon the following: | <-- |
|
1 | (1) The monetary value or amount of business conducted |
2 | or expected to be conducted by the gaming service provider |
3 | with an applicant for a slot machine licensee or a slot |
4 | machine licensee in any consecutive 12-month period. |
5 | (2) Whether the employees of the gaming service provider |
6 | will have access to the gaming floor or the restricted area |
7 | of a licensed facility. |
8 | (3) The board's analysis of the goods, property or |
9 | service provided or to be provided by the gaming service |
10 | provider in order to ensure the integrity of gaming. |
11 | (b) Authority to exempt.--The board may exempt any person or |
12 | field of commerce from the requirements of this section if the |
13 | board determines the following: | <-- |
14 | (1) The the person or field of commerce is regulated by | <-- |
15 | an agency of the Federal Government or an agency of the |
16 | Commonwealth.; or | <-- |
17 | (2) Regulation the regulation of the person or field of | <-- |
18 | commerce is determined not to be necessary in order to |
19 | protect the public interest or the integrity of gaming. |
20 | (c) Duties of gaming service providers.--Each gaming service |
21 | provider shall have a continuing duty to: |
22 | (1) Provide all information, documentation and |
23 | assurances as the board may require. |
24 | (2) Cooperate with the board in investigations, hearings |
25 | and enforcement and disciplinary actions. |
26 | (3) Comply with all conditions, restrictions, |
27 | requirements, orders and rulings of the board in accordance |
28 | with this part. |
29 | (4) Report any change in circumstances that may render |
30 | the gaming service provider ineligible, unqualified or |
|
1 | unsuitable for continued licensure. |
2 | (d) Requirement for permit.--The board may require employees |
3 | of a gaming service provider to obtain a permit or other |
4 | authorization if, after an analysis of duties, responsibilities |
5 | and functions, the board determines that a permit or other |
6 | authorization is necessary to protect the integrity of gaming. |
7 | (e) Interim authorization.--The board or a designated |
8 | employee of the board may permit a gaming service provider |
9 | applicant to engage in business with an applicant for a slot |
10 | machine license or a slot machine licensee prior to approval of |
11 | the gaming service provider application if the following |
12 | criteria have been satisfied: |
13 | (1) A completed application has been filed with the |
14 | board by the gaming service provider. |
15 | (2) The slot machine applicant or slot machine licensee |
16 | contracting or doing business with the gaming service |
17 | provider certifies that it has performed due diligence on the |
18 | gaming service provider and believes that the applicant meets |
19 | the qualification to be a gaming service provider pursuant to |
20 | this section. |
21 | (3) The gaming service provider applicant agrees in |
22 | writing that the grant of interim authorization to conduct |
23 | business prior to board approval of its application does not |
24 | create a right to continue to engage in business if the board |
25 | determines that the applicant is not suitable and interim |
26 | authorization is not in the public interest. |
27 | (f) Construction.--Nothing in this section shall be |
28 | construed to prohibit the board from rescinding a grant of |
29 | interim authorization if, at any time, the suitability of the |
30 | person subject to interim authorization is at issue or if the |
|
1 | person fails to cooperate with the board, the bureau or an agent |
2 | of the board or bureau. |
3 | (g) Provider Gaming service provider lists.--The board | <-- |
4 | shall: |
5 | (1) Develop and maintain a list of approved gaming |
6 | service providers and a list of gaming service providers who | <-- |
7 | are authorized to provide goods, property or services under a |
8 | grant of interim authorization pursuant to subsection (e)(3). |
9 | (2) Develop and maintain a list of prohibited gaming |
10 | service providers. An applicant for a slot machine license or |
11 | a slot machine licensee may not enter into an agreement or |
12 | continue to engage in business with a gaming service provider | <-- |
13 | listed on the prohibited gaming service provider list. |
14 | (h) Emergency authorization.--A slot machine licensee may |
15 | utilize a gaming service provider that has not been approved by |
16 | the board when a threat to public health, welfare or safety |
17 | exists or circumstances outside the control of the slot machine |
18 | licensee require immediate action to protect the public |
19 | interest. The board shall promulgate regulations to govern the |
20 | use of gaming service providers under emergency circumstances. |
21 | (i) Criminal history record information.--If the |
22 | classification system developed by the board in accordance with |
23 | subsection (a) requires a gaming service provider or an employee |
24 | of a gaming service provider to submit to or provide the bureau |
25 | with a criminal history record check under 18 Pa.C.S. Ch. 91 |
26 | (relating to criminal history record information), the bureau |
27 | shall notify the slot machine licensee that submitted and |
28 | verified the application of a person if the person's application | <-- |
29 | has been denied or the person's approval or authorization to | <-- |
30 | provide goods, property or services has been revoked or |
|
1 | suspended, including the reason for the action taken. |
2 | Section 10.7. Sections 1318(c) and 1319 of Title 4 are |
3 | amended to read: |
4 | § 1318. Occupation permit application. |
5 | * * * |
6 | (c) Prohibition.--No slot machine licensee may employ or |
7 | permit any person under 18 years of age to render any service |
8 | whatsoever in any area of its licensed facility [at which] where |
9 | slot machines or table games are physically located. |
10 | § 1319. Alternative manufacturer licensing standards. |
11 | (a) General rule.--The board may determine whether the |
12 | licensing standards of another jurisdiction within the United |
13 | States in which an applicant for a manufacturer license is |
14 | similarly licensed are comprehensive and thorough and provide |
15 | similar adequate safeguards as those required by this part. If |
16 | the board makes that determination, it may issue a manufacturer |
17 | license to an applicant who holds a similar manufacturer license |
18 | in such other jurisdiction after conducting an evaluation of the |
19 | information relating to the applicant from such other |
20 | jurisdictions, as updated by the board, and evaluating other |
21 | information related to the applicant received from that |
22 | jurisdiction and other jurisdictions where the applicant may be |
23 | licensed, the board may incorporate such information in whole or |
24 | in part into its evaluation of the applicant. |
25 | (b) Abbreviated process.--In the event an applicant for a |
26 | [slot machine] manufacturer license is licensed in another |
27 | jurisdiction, the board may determine to use an alternate |
28 | process requiring only that information determined by the board |
29 | to be necessary to consider the issuance of a license, including |
30 | financial viability of the licensee, to such an applicant. |
|
1 | Nothing in this section shall be construed to waive any fees |
2 | associated with obtaining a license through the normal |
3 | application process. |
4 | Section 10.8. Title 4 is amended by adding a section to |
5 | read: |
6 | § 1319.1. Alternative supplier licensing standards. |
7 | (a) General rule.--The board may determine whether the |
8 | licensing standards of another jurisdiction within the United |
9 | States in which an applicant for a supplier's license is |
10 | similarly licensed are comprehensive and thorough and provide |
11 | similar adequate safeguards as required by this part. If the |
12 | board makes that determination, it may issue a supplier license |
13 | to an applicant who holds a similar supplier license in another |
14 | jurisdiction after conducting an evaluation of the information |
15 | relating to the applicant from the other jurisdictions, as |
16 | updated by the board and evaluating other information related to |
17 | the applicant received from that jurisdiction and other |
18 | jurisdictions where the applicant may be licensed, the board may |
19 | incorporate the information in whole or in part into its |
20 | evaluation of the applicant. |
21 | (b) Abbreviated process.--In the event an applicant for a |
22 | supplier license is licensed in another jurisdiction, the board |
23 | may determine to use an alternate process requiring only the |
24 | information determined by the board to be necessary to consider |
25 | the issuance of a license, including financial viability of the |
26 | licensee to the applicant. Nothing in this section shall be |
27 | construed to waive any fees associated with obtaining a license |
28 | through the normal application process. |
29 | Section 10.9. Sections 1321, 1326(a), 1328(a)(1) and (d) and | <-- |
30 | 1329 of Title 4 are amended to read: |
|
1 | § 1321. Additional licenses and permits and approval of |
2 | agreements. |
3 | (a) Requirements.--In addition to the requirements for a |
4 | license or permit specifically set forth in this part, the board |
5 | may require a license [or], permit or other authorization, and |
6 | set a fee for the same, for any key or gaming employee or any |
7 | person who satisfies any of the following criteria: |
8 | (1) The person transacts business within this |
9 | Commonwealth with a slot machine licensee as a ticket |
10 | purveyor, tour operator, operator of a bus trip program or |
11 | operator of any other type of travel program or promotional |
12 | business related to slot machines or table games. The board |
13 | may also review, deny, order modification or approve, at its |
14 | discretion, proposed tours, bus routes and travel programs. |
15 | (2) The person is presently not [otherwise] required to |
16 | be licensed or permitted under this part and provides any |
17 | goods, property or services, including, but not limited to, |
18 | management contracts for compensation to a slot machine |
19 | licensee at the licensed facility. |
20 | (b) Agreement.--Any agreement to conduct business within |
21 | this Commonwealth between a person and a slot machine licensee |
22 | relating to slot machines, table games, table game devices or | <-- |
23 | associated equipment is subject to the approval of the board in |
24 | accordance with rules and regulations promulgated by the board. |
25 | Every agreement shall be in writing and shall include a |
26 | provision for its termination without liability on the part of |
27 | the slot machine licensee upon a finding by the board that the |
28 | agreement is not approved or that it is terminated. Failure to |
29 | expressly include this condition in the agreement is not a |
30 | defense in any action brought under this section relating to the |
|
1 | termination of the agreement. |
2 | § 1326. License renewals. |
3 | (a) Renewal.--All permits and licenses issued under this |
4 | part unless otherwise provided shall be subject to renewal on an |
5 | annual basis [upon the application of the holder of the permit |
6 | or license submitted to the board at least 60 days prior to the |
7 | expiration of the permit or license] for the first two years |
8 | following the initial issuance. Thereafter, all permits and |
9 | licenses shall be subject to renewal every three years. Nothing |
10 | in this subsection shall relieve a licensee of the affirmative |
11 | duty to notify the board of any changes relating to the status |
12 | of its license or to any other information contained in |
13 | application materials on file with the board. The application |
14 | for renewal shall be submitted at least 60 days prior to the |
15 | expiration of the permit or license and shall include an update |
16 | of the information contained in the initial and any prior |
17 | renewal applications and the payment of any renewal fee required |
18 | by this part. The amount of any renewal fee shall be calculated |
19 | by the board to reflect the longer renewal period. A permit or |
20 | license for which a completed renewal application and fee, if |
21 | required, has been received by the board will continue in effect |
22 | unless and until the board sends written notification to the |
23 | holder of the permit or license that the board has denied the |
24 | renewal of such permit or license. |
25 | * * * |
26 | § 1328. Change in ownership or control of slot machine |
27 | licensee. |
28 | (a) Notification and approval.-- |
29 | (1) A slot machine licensee shall notify the board |
30 | [prior to or] immediately upon becoming aware of any proposed |
|
1 | or contemplated change of ownership of the slot machine |
2 | licensee by a person or group of persons acting in concert |
3 | which involves any of the following: |
4 | (i) More than 5% of a slot machine licensee's |
5 | securities or other ownership interests. |
6 | (ii) More than 5% of the securities or other |
7 | ownership interests of a corporation or other form of |
8 | business entity that owns directly or indirectly at least |
9 | 20% of the voting or other securities or other ownership |
10 | interests of the licensee. |
11 | (iii) The sale other than in the ordinary course of |
12 | business of a licensee's assets. |
13 | (iv) Any other transaction or occurrence deemed by |
14 | the board to be relevant to license qualifications. |
15 | * * * |
16 | (d) Fee reduction.--The board may in its discretion | <-- |
17 | eliminate the need for qualification and/or proportionately |
18 | reduce, but not eliminate, the new license fee otherwise |
19 | required pursuant to this section in connection with a change of |
20 | control of a licensee, depending upon the type of transaction, |
21 | the relevant ownership interests and changes thereto resulting |
22 | from the transaction and other considerations deemed relevant by |
23 | the board. In no case shall the fee be reduced below $10,000,000 |
24 | for a Category 1 or Category 2 license or $1,000,000 for a |
25 | Category 3 license. |
26 | * * * |
27 | § 1329. [Nonportability] Portability and relocation of slot |
28 | machine license. |
29 | (a) General rule.--Each slot machine license shall only be |
30 | valid for the specific physical location within the municipality |
|
1 | and county for which it was originally granted. [No] |
2 | (b) Petition.--An applicant for a slot machine license or a |
3 | slot machine licensee may petition the board to relocate the |
4 | approved physical location of a licensed facility. In evaluating |
5 | a petition to relocate, the board shall consider the following |
6 | factors: | <-- |
7 | (1) The address of the proposed new location and the |
8 | reason for the relocation. |
9 | (2) A comparative analysis, submitted by the petitioner, |
10 | detailing estimated gross terminal revenues at the new | <-- |
11 | proposed location with estimated gross terminal revenues at | <-- |
12 | the original approved physical location. | <-- |
13 | (3) A comparative analysis, submitted by the petitioner, |
14 | detailing the economic impact of the licensed facility at the |
15 | new proposed location with the estimated economic impact at | <-- |
16 | the original approved physical location. The comparative | <-- |
17 | analysis shall include the total cost of the project and |
18 | projected direct and indirect employment figures. |
19 | (4) A comprehensive traffic study commissioned by the |
20 | board. |
21 | (5) Community support or opposition. |
22 | (6) Any other information requested by the board. |
23 | (c) Relocation.--A slot machine licensee [shall] may be |
24 | permitted to move or relocate the physical location of the |
25 | licensed facility [without] with board approval [for] upon good |
26 | cause shown if the relocation of the licensed facility: | <-- |
27 | (1) the relocated licensed facility remains within the | <-- |
28 | same municipality as originally licensed; |
29 | (2) the relocation will facilitate the timely operation | <-- |
30 | of slot machines; |
|
1 | (3) the relocated licensed facility complies with all | <-- |
2 | other provisions of this part related to the siting and |
3 | location of a licensed facility; and |
4 | (4) relocation of the licensed facility is in the best | <-- |
5 | interests of the Commonwealth. |
6 | (d) Public input hearing.--The board shall hold at least one |
7 | public input hearing in the municipality where the licensed |
8 | facility will be located prior to approval of the relocation. |
9 | (e) Restriction.--No grant or loan from the Commonwealth may |
10 | be awarded for the purpose of relocating or developing the |
11 | relocated licensed facility to comply with any conditions of |
12 | approval of the relocation. |
13 | Section 11. Title 4 is amended by adding a section to read: |
14 | § 1332. Appointment of trustee. |
15 | (a) Appointment.--Upon petition of the Office of Enforcement |
16 | Counsel, the board may order the appointment of a trustee from |
17 | the list required under subsection (j) to act on behalf of the |
18 | interests of the Commonwealth and the board to assure compliance |
19 | with this part and any conditions imposed upon the slot machine |
20 | license in the following circumstances: |
21 | (1) Upon the revocation, suspension or nonrenewal of a |
22 | slot machine license or a principal license if the principal |
23 | licensee is the only principal who exercises operational |
24 | control of the licensed facility. |
25 | (2) Upon the failure to renew a slot machine license or |
26 | a principal license if the principal licensee is the only |
27 | principal who exercises operational control of the licensed |
28 | facility until the slot machine or principal license is |
29 | renewed or until the discontinuation of the trusteeship |
30 | pursuant to subsection (i). |
|
1 | (3) If necessary to protect the best interests of the |
2 | Commonwealth. |
3 | (b) Qualifications.--The following shall apply: |
4 | (1) A trustee shall be required to qualify as a |
5 | principal and obtain a principal license pursuant to this |
6 | part. The board may appoint a trustee and award the trustee a |
7 | temporary principal license as prescribed in board |
8 | regulations. |
9 | (2) Before assuming duties, a trustee shall execute and |
10 | file a bond for the faithful performance of the trustee's |
11 | duties. The bond shall be payable to the board with sureties |
12 | and in the amount and form as required by board order. The |
13 | cost of the bond shall be paid by the former or suspended |
14 | licensee. |
15 | (3) A trustee shall be a resident of this Commonwealth. |
16 | (c) Powers.--A trustee appointed under this section shall |
17 | exercise only those powers and perform those duties expressly |
18 | conferred upon the trustee by the board. The board's order |
19 | appointing the trustee shall set forth the powers, duties and |
20 | responsibilities of the trustees which may include: |
21 | (1) Maintaining and operating the licensed facility in a |
22 | manner that complies with this part and any conditions |
23 | imposed by the board. |
24 | (2) Maintaining and operating the licensed facility |
25 | consistent with the measures generally taken in the ordinary |
26 | course of business including: |
27 | (i) Entering into contracts. |
28 | (ii) Borrowing money. |
29 | (iii) Pledging, mortgaging or otherwise encumbering |
30 | the licensed facility or property thereof as security for |
|
1 | the repayment of loans subject to any provisions and |
2 | restrictions in any existing credit documents. |
3 | (iv) Hiring, firing and disciplining employees. |
4 | (3) Exercising the rights and obligations of the former |
5 | or suspended licensee. |
6 | (4) Taking possession of all of the property of the slot |
7 | machine licensee, including its books, records and papers. |
8 | (5) Establishing accounts with financial institutions. |
9 | An account may not be established with a financial |
10 | institution in which an affiliate of the former or suspended |
11 | licensee, or in which the trustee, or an immediate family |
12 | member of the trustee, has a controlling interest. |
13 | (6) Meeting with the former or suspended licensee. |
14 | (7) Meeting with principals and key employees at the |
15 | licensed facility. |
16 | (8) Meeting with the independent audit committee. |
17 | (9) Meeting with the board's executive director and |
18 | keeping the board's executive director apprised of actions |
19 | taken and the trustee's plans and goals for the future. |
20 | (10) Hiring legal counsel, accountants or other |
21 | consultants or assistants, with prior approval of the board, |
22 | as necessary to carry out the trustee's duties and |
23 | responsibilities. |
24 | (11) Settling or compromising with any debtor or |
25 | creditor of the former or suspended licensee, including any |
26 | taxing authority. |
27 | (12) Reviewing outstanding agreements to which the |
28 | former or suspended licensee is a party and advising the |
29 | board as to which, if any, of the agreements should be the |
30 | subject of scrutiny, examination or investigation by the |
|
1 | board. |
2 | (13) Obtaining board approval prior to any sale, change |
3 | of ownership, change of control, change of financial status, |
4 | restructuring, transfer of assets or execution of a contract |
5 | or any other action taken outside of the ordinary course of |
6 | business. |
7 | (14) Obtaining board approval for any payments outside |
8 | of those made in the ordinary course of business. |
9 | Notwithstanding any provision contained in this subsection to |
10 | the contrary, the trustee shall have the duty to conserve and |
11 | preserve the assets of the licensed gaming entity. |
12 | (d) Compensation.--The board shall establish the |
13 | compensation of a trustee and shall review and approve actual |
14 | and reasonable costs and expenses of the trustee, legal counsel, |
15 | accountants or other consultants or assistants hired by the |
16 | trustee and other persons the board may appoint in connection |
17 | with the trusteeship action. The compensation, costs and |
18 | expenses shall be paid by the former or suspended licensee. |
19 | Total compensation for the trustee and all individuals hired or |
20 | retained by the trustee under subsection (c)(10) shall not |
21 | exceed $600 per hour in the aggregate, except that the board, |
22 | upon a finding that unanticipated circumstances exist, may |
23 | adjust the aggregate hourly rate of compensation. |
24 | (e) Reports.--A trustee shall file reports with regard to |
25 | the administration of the trusteeship with the board in the form |
26 | and at intervals as the board orders. The board may direct that |
27 | copies or portions of the trustee's reports be mailed to |
28 | creditors or other parties in interest and make summaries of the |
29 | reports available to the public and shall post them on the |
30 | board's Internet website. |
|
1 | (f) Review of actions.--A creditor or party in interest |
2 | aggrieved by any alleged breach of a delegated power or duty of |
3 | a trustee in the discharge of the trustee's duties may request a |
4 | review of the trustee's action or inaction by filing a petition |
5 | in accordance with board regulations. The petition must set |
6 | forth in detail the pertinent facts and the reasons why the |
7 | facts constitute the alleged breach. The board will review any |
8 | petition filed under this section and take whatever action, if |
9 | any, it deems appropriate. |
10 | (g) Effect of the trusteeship.--After issuance of an order |
11 | to appoint a trustee, the former or suspended principal or slot |
12 | machine licensee may not exercise any of its privileges, collect |
13 | or receive any debts and pay out, sell, assign or transfer any |
14 | of its property to anyone without prior approval of the |
15 | appointed trustee and the board. |
16 | (h) Disposition of net income.--During the period of |
17 | trusteeship, net income shall be deposited in an escrow account |
18 | maintained for that purpose. Payment of net income during the |
19 | period of trusteeship may not be made by the trustee without the |
20 | prior approval of the board. A suspended or former principal or |
21 | slot machine licensee may request distribution of all or a |
22 | portion of the net income during the period of trusteeship by |
23 | filing a petition in accordance with board regulation. The |
24 | suspended or former principal or slot machine licensee shall |
25 | have the burden of demonstrating good cause for the distribution |
26 | of the net income requested. |
27 | (i) Discontinuation.--The board may issue an order to |
28 | discontinue a trusteeship when: |
29 | (1) The board determines that the cause for which the |
30 | trustee was appointed no longer exists. |
|
1 | (2) The trustee has, with the prior approval of the |
2 | board, consummated the sale, assignment, conveyance or other |
3 | disposition of all the property or interest of the former |
4 | principal or slot machine licensee relating to the slot |
5 | machine license. |
6 | (j) List of approved trustees.--The board shall promulgate |
7 | regulations to establish a list of persons approved by the board |
8 | and qualified to serve as a trustee. At a minimum, the |
9 | regulations shall provide for the following: |
10 | (1) The minimum qualifications a person must possess to |
11 | be approved as a trustee, which shall include qualification |
12 | as a principal pursuant to this part and possession of a |
13 | principal license. |
14 | (2) The procedure for placement on or removal from the |
15 | approved trustee list. |
16 | (3) Any other information the board deems necessary to |
17 | carry out the intent of this section. |
18 | Section 11.1. Title 4 is amended by adding a chapter to |
19 | read: |
20 | CHAPTER 13A |
21 | TABLE GAMES |
22 | Subchapter |
23 | A. General Provisions |
24 | B. Table Games Authorized |
25 | C. Table Game Operations |
26 | D. (Reserved) |
27 | E. Table Game Testing and Certification |
28 | F. (Reserved) |
29 | G. Table Game Taxes and Fees |
30 | SUBCHAPTER A |
|
1 | GENERAL PROVISIONS |
2 | Sec. |
3 | 1301A. (Reserved). |
4 | 1302A. Regulatory authority. |
5 | 1303A. Temporary table game regulations. |
6 | 1304A. Commonwealth resident employment goals. |
7 | § 1301A. (Reserved). |
8 | § 1302A. Regulatory authority. |
9 | The board shall promulgate regulations: |
10 | (1) Establishing standards and rules for table games, |
11 | table game devices or associated equipment, including |
12 | standards distinguishing electronic and nonelectronic table |
13 | games. The standards shall provide for any new table games | <-- |
14 | and variations or composites of approved table games, | <-- |
15 | provided the Pennsylvania Gaming Control Board determines the |
16 | new table game, or any variations or composites or other | <-- |
17 | approved table games are suitable for use after a test or | <-- |
18 | experimental period under the terms and conditions as the |
19 | Pennsylvania Gaming Control Board may deem appropriate. |
20 | (2) Establishing standards to govern the conduct of |
21 | table games and the system of wagering associated with table |
22 | games, including the maintenance of financial books, records |
23 | and audits. |
24 | (2.1) Establishing standards for the daily observation |
25 | of certificate holder counting and recordation processes for |
26 | cash, cash equivalents and other representations of value |
27 | received in the conduct of table games. |
28 | (3) Establishing patron notice requirements pertaining |
29 | to minimum and maximum wagers on table games. Minimum and |
30 | maximum wagers may be adjusted from time to time by the | <-- |
|
1 | certificate holder in the normal course of conducting table |
2 | games, except that changes in minimum wagers at any given |
3 | table shall not apply to persons already engaged in wagering |
4 | at that table game when the minimum wager is changed, unless | <-- |
5 | 30 minutes' notice is provided to each player at that table | <-- |
6 | game. | <-- |
7 | (4) Requiring each certificate holder to: |
8 | (i) Provide written information at each operational |
9 | gaming table about table game rules, payoffs or winning |
10 | wagers and other information to each player as the board |
11 | may require. |
12 | (ii) Provide specifications approved by the board |
13 | under section 1207(11) (relating to regulatory authority |
14 | of board) to integrate and update the licensed facility's |
15 | surveillance system to cover all areas where table games |
16 | are conducted. The specifications shall include |
17 | provisions providing the board and other persons |
18 | authorized by the board with onsite access to the system |
19 | or its signal. |
20 | (iii) Designate one or more locations within the |
21 | licensed facility to conduct table games. |
22 | (iv) Ensure that visibility in a licensed facility |
23 | is not obstructed in any way that could interfere with |
24 | the ability of the certificate holder, the board and |
25 | other persons authorized by the board to oversee the |
26 | conduct of table games. |
27 | (v) Integrate the licensed facility's count room for |
28 | slot machine and table game operations to ensure maximum |
29 | security of the counting and storage of cash, cash |
30 | equivalents and other representations of value used in | <-- |
|
1 | the conduct and operation of table games as approved by |
2 | the board. |
3 | (vi) Equip each gaming table with a sign indicating |
4 | the permissible minimum and maximum wagers at the gaming |
5 | table. |
6 | (vii) Adopt policies or procedures to prohibit any |
7 | table game device, equipment or supplies from being |
8 | possessed, maintained or exhibited by any person on the |
9 | premises of a licensed facility except in the areas of a |
10 | licensed facility where the conduct of table games is |
11 | authorized or in a restricted area designated to be used |
12 | for the inspection, service, repair or storage of the |
13 | table games, table game devices or associated equipment |
14 | or supplies by the certificate holder. |
15 | (viii) Equip all drop boxes in which cash, cash |
16 | equivalents, fill slips, credit slips, inventory slips or |
17 | other representations of value are deposited at the |
18 | gaming tables, and all areas where drop boxes are kept |
19 | while in use, with two locking devices or keys, of which |
20 | one locking device or key shall be under the exclusive |
21 | control of the board, and the second locking device or |
22 | key shall be under the exclusive control of the |
23 | certificate holder. The drop boxes shall be brought into |
24 | or removed from an area where table games are conducted |
25 | or locked or unlocked in accordance with procedures |
26 | established by the board. |
27 | (ix) Designate secure locations for the inspection |
28 | and storage of dice, cards, tiles, dominoes, chips and |
29 | other representations of value used in the conduct of |
30 | table games as may be approved by the board. |
|
1 | (5) Establishing the size and uniform color by |
2 | denomination of all chips used in the conduct of table games |
3 | and a policy for the use of promotional or commemorative |
4 | chips. All types of chips shall be approved by the board |
5 | prior to being used for play at a table game at a licensed |
6 | facility. |
7 | (5.1) Establishing the procedure to be used by a |
8 | certificate holder to determine and extract a rake for the |
9 | purposes of deriving gross table game revenue. The rake may |
10 | be calculated as a percentage or a flat fee from nonbanking |
11 | table games. |
12 | (6) Establishing minimum standards relating to the |
13 | acceptance of tips or gratuities by dealers and croupiers at |
14 | a table game, including the requirement that tips or |
15 | gratuities be placed in a common pool for complete |
16 | distribution pro rata among all dealers and croupiers. |
17 | Nothing in this paragraph shall prohibit a certificate holder |
18 | from adopting a formal policy relating to acceptance of tips |
19 | and gratuities, provided that the policy meets the minimum |
20 | standard established by the board under this paragraph. |
21 | (7) Establishing the minimal proficiency requirements |
22 | for individuals to successfully complete a course of training |
23 | at an approved school under Chapter 17 (relating to gaming |
24 | schools). The regulations shall not prohibit a certificate |
25 | holder from establishing a course of training for its table |
26 | game employees or prohibit a certificate holder from offering |
27 | employment to an individual who has not attended or completed |
28 | a course of instruction at a gaming school and shall require |
29 | a certificate holder that elects to train its employees to |
30 | submit a detailed summary of the training program to the |
|
1 | board and to demonstrate the adequacy of the training. |
2 | (8) Permitting certificate holders to request |
3 | authorization to conduct, and to conduct, temporary table |
4 | game tournaments or other temporary table game contests in |
5 | which players compete against one another for cash or prizes |
6 | and establishing the practices and procedures governing the |
7 | conduct of the tournaments or contests. The number of |
8 | approved temporary tournament or contest table games shall |
9 | not be counted toward the maximum number of table games |
10 | authorized by the certificate holder's table game operation |
11 | certificate. |
12 | (9) Designating an employee to approve or deny a |
13 | certificate holder's request to decrease the number of slot |
14 | machines in its licensed facility if the slot machine |
15 | licensee seeks to reduce the number of slot machines by less |
16 | than 2%. Designated approval for reduction of slot machines |
17 | shall not exceed 2% in total regardless of the number of |
18 | requests a slot machine licensee submits for approval. |
19 | § 1303A. Temporary table game regulations. |
20 | (a) Promulgation.--In order to facilitate the prompt |
21 | implementation of this chapter, regulations promulgated by the |
22 | board shall be deemed temporary regulations which shall expire |
23 | not later than two years following the publication of the |
24 | temporary regulation. The board may promulgate temporary |
25 | regulations not subject to: |
26 | (1) Sections 201, 202 and 203 of the act of July 31, |
27 | 1968 (P.L.769, No.240), referred to as the Commonwealth |
28 | Documents Law. |
29 | (2) The act of June 25, 1982 (P.L.633, No.181), known as |
30 | the Regulatory Review Act. |
|
1 | (3) Sections 204(b) and 301(10) of the act of October |
2 | 15, 1980 (P.L.950, No.164), known as the Commonwealth |
3 | Attorneys Act. |
4 | (b) Expiration.--The board's authority to adopt temporary |
5 | regulations in subsection (a) shall expire two years after the |
6 | effective date of this section. Regulations adopted after this |
7 | period shall be promulgated as provided by law. |
8 | (c) Temporary regulations.--The board shall begin publishing |
9 | temporary regulations governing table game rules, licensing of |
10 | manufacturers and suppliers and surveillance standards in the |
11 | Pennsylvania Bulletin no later than February 1, 2010. |
12 | § 1304A. Commonwealth resident employment goals. |
13 | (a) Employment opportunities.--It is the goal of the General |
14 | Assembly that the board promote and ensure the availability of |
15 | employment opportunities for Commonwealth residents in |
16 | operations related to or associated with table game operations |
17 | as authorized in this chapter. The board shall work with each |
18 | certificate holder to ensure the representation of Commonwealth |
19 | residents employed by a certificate holder's table games |
20 | operation. It is the goal of the Commonwealth that Commonwealth |
21 | residents comprise at least 85% of each certificate holder's |
22 | employees related to or associated with table games by the end |
23 | of the third year following commencement of the conduct of table |
24 | games at each certificate holder's licensed facility. |
25 | (b) Study.--The board shall conduct an annual study to |
26 | ascertain whether each certificate holder has taken effective |
27 | and meaningful action to enhance the number of Commonwealth |
28 | residents employed in positions related to or associated with |
29 | table games at licensed facilities. The first study shall be |
30 | completed one year following the issuance of the first table |
|
1 | game operation certificate. Each annual study shall contain |
2 | recommendations which the board determines appropriate. The |
3 | study shall be submitted to the chairman and minority chairman |
4 | of the standing committees of the Senate and of the House of |
5 | Representatives with jurisdiction over this part. |
6 | SUBCHAPTER B |
7 | TABLE GAMES AUTHORIZED |
8 | Sec. |
9 | 1311A. Authorization to conduct table games. |
10 | 1312A. Petition requirements. |
11 | 1313A. Prohibitions. |
12 | 1314A. Table game authorization hearing process; public input |
13 | hearings. |
14 | 1315A. Standard for review of petitions. |
15 | 1316A. Timing initial table game authorizations. |
16 | § 1311A. Authorization to conduct table games. |
17 | (a) Authorization to conduct.--Notwithstanding any other |
18 | provision of law to the contrary, the board may authorize a slot |
19 | machine licensee to conduct table games, the conduct of contests |
20 | or tournaments involving table games and the system of wagering |
21 | associated with the conduct of table games at the slot machine |
22 | licensee's licensed facility. Authorization to conduct table |
23 | games shall be contingent upon the slot machine licensee's |
24 | agreement to ensure the conduct of gaming in accordance with |
25 | this part and any other conditions established by the board. |
26 | Nothing in this part shall be construed to create a separate |
27 | license governing the conduct of table games by licensed |
28 | entities within this Commonwealth. |
29 | (b) Number of authorized table games.-- |
30 | (1) Each Category 1 and Category 2 slot machine licensee |
|
1 | awarded a table game operation certificate may be authorized |
2 | by the board to operate up to 200 table games at any one time |
3 | at the Category 1 or Category 2 licensed facility. |
4 | (2) Each Category 3 slot machine licensee awarded a |
5 | table game operation certificate may be authorized by the |
6 | board to operate up to 75 table games at any one time at the |
7 | Category 3 licensed facility. |
8 | (c) Additional authorization.--Notwithstanding subsection |
9 | (b), a slot machine licensee awarded a table game operation |
10 | certificate may, with board approval, exceed the total number of |
11 | table games authorized in the table game operation certificate |
12 | to conduct contests or tournaments at locations at the licensed |
13 | facility as determined pursuant to section 1321A (relating to |
14 | authorized locations for operation). |
15 | § 1312A. Petition requirements. |
16 | (a) General rule.--A slot machine licensee may seek approval |
17 | to conduct table games by filing a petition with the board. |
18 | (b) Petition contents.--A petition seeking authorization to |
19 | conduct table games shall include the following: |
20 | (1) The name, business address and contact information |
21 | of the petitioner. |
22 | (2) The name and business address, job title and a |
23 | photograph of each principal and key employee of the |
24 | petitioner who will be involved in the conduct of table games |
25 | and who is not currently licensed by the board. |
26 | (3) An itemized list of the number and types of table |
27 | games for which authorization is being sought. |
28 | (4) The estimated number of full-time and part-time |
29 | employment positions that will be created at the licensed |
30 | facility if table games are authorized and an updated hiring |
|
1 | plan pursuant to section 1510 (relating to labor hiring |
2 | preferences) which outlines the petitioner's plan to promote |
3 | the representation of diverse groups and Commonwealth |
4 | residents in the new employment positions. |
5 | (5) A brief description of the economic benefits |
6 | expected to be realized by the Commonwealth, its |
7 | municipalities and its residents if table games are |
8 | authorized. |
9 | (6) The details of any financing obtained or that will |
10 | be obtained to fund an expansion or modification of the |
11 | licensed facility to accommodate table games. |
12 | (7) Information and documentation concerning financial |
13 | background and resources, as the board may require, to |
14 | establish by clear and convincing evidence the financial |
15 | stability, integrity and responsibility of the petitioner. |
16 | (8) Information and documentation, as the board may |
17 | require, to establish by clear and convincing evidence that |
18 | the petitioner has sufficient business ability and experience |
19 | to create and maintain a successful table game operation. In |
20 | making this determination, the board may consider the results |
21 | of the petitioner's slot machine operation, including |
22 | financial information, employment figures and capital |
23 | investment. |
24 | (9) Information and documentation, as the board may |
25 | require, to establish by clear and convincing evidence that |
26 | the petitioner has the financial ability to pay the |
27 | authorization fee under section 1361A (relating to table game |
28 | authorization fee). |
29 | (10) Detailed site plans identifying the petitioner's |
30 | proposed table game area within the licensed facility or any |
|
1 | proposed temporary facility. |
2 | (11) Other information as the board may require. |
3 | (c) Confidentiality.--Information submitted to the board |
4 | under subsection (b)(6), (7), (9), (10) and (11) may be |
5 | considered confidential by the board if the information would be |
6 | confidential under section 1206(f) (relating to board minutes |
7 | and records). |
8 | § 1313A. Prohibitions. |
9 | (a) Slot machine licensee.--No slot machine licensee that is |
10 | required as a condition of slot machine licensure to make annual |
11 | payments to a municipality or municipal authority for an |
12 | economic development project, including any project enumerated |
13 | in the act of July 25, 2007 (P.L.342, No.53), known as |
14 | Pennsylvania Gaming Economic Development and Tourism Fund |
15 | Capital Budget Itemization Act of 2007, may submit a petition |
16 | under section 1312A (relating to petition requirements) until a |
17 | written agreement governing the terms of the payments, including |
18 | the date on which the payments shall be made, the amount of each |
19 | annual payment and the duration of the annual payments, is |
20 | executed between the slot machine licensee and the municipality |
21 | or municipal authority. |
22 | (b) Duties of board.--The board shall not accept or approve |
23 | a petition submitted by any slot machine licensee subject to |
24 | this section and prohibited by subsection (a) until such written |
25 | agreement is submitted by the slot machine licensee to the |
26 | board, which shall ensure the written agreement meets the |
27 | requirements of this section and all conditions relating to the |
28 | economic development project imposed by the board when awarding |
29 | the slot machine license to the licensee are satisfied and until |
30 | the municipality or municipal authority confirms to the board in |
|
1 | writing that the slot machine licensee has made the first |
2 | required payment under the written agreement. |
3 | (c) Construction.--Nothing in this section shall be |
4 | construed to relieve a slot machine licensee of its legal |
5 | obligation to make any required annual payments referenced under |
6 | this section if the slot machine licensee elects not to petition |
7 | the board for authorization to conduct table games. |
8 | § 1314A. Table game authorization hearing process; public input |
9 | hearings. |
10 | (a) General rule.--The board's consideration and resolution |
11 | of all petitions to conduct table games shall be conducted in |
12 | accordance with 2 Pa.C.S. (relating to administrative law and |
13 | procedure) or with procedures adopted by order of the board. |
14 | Notwithstanding the requirements of 2 Pa.C.S. §§ 504 (relating |
15 | to hearing and record) and 505 (relating to evidence and cross- |
16 | examination) as they relate to the conduct of oral hearings, the |
17 | board may adopt procedures to provide parties before it with a |
18 | documentary hearing, and the board may resolve disputed material |
19 | facts without conducting an oral hearing where constitutionally |
20 | permissible. |
21 | (b) Public input hearing requirement.-- |
22 | (1) Prior to granting a petition for a slot machine |
23 | licensee to conduct table games under this chapter, the board |
24 | shall hold at least one public input hearing on the matter, |
25 | in the municipality where the petitioner's licensed facility |
26 | is located. |
27 | (2) A list of all witnesses scheduled to testify at a |
28 | public input hearing shall be posted on the board's Internet |
29 | website at least seven days prior to the hearing. The list |
30 | shall be updated at least three days prior to the hearing. |
|
1 | Additional witnesses shall be posted on the board's Internet |
2 | website as they are added to the list. |
3 | § 1315A. Standard for review of petitions. |
4 | The board shall grant a petition and authorize the petitioner |
5 | to operate table games if the petitioner establishes, by clear |
6 | and convincing evidence, all of the following: |
7 | (1) The petitioner's slot machine license is in good |
8 | standing with the board. |
9 | (2) The petitioner conducting table games will have a |
10 | positive economic impact on the Commonwealth, its |
11 | municipalities and residents through increased revenues and |
12 | employment opportunities. |
13 | (3) The petitioner possesses or has secured adequate |
14 | financing, if necessary, to: |
15 | (i) Fund an expansion or modification of the |
16 | petitioner's licensed facility to accommodate table |
17 | games. |
18 | (ii) Pay the authorization fee under section 1361A |
19 | (relating to table game authorization fee). |
20 | (4) The petitioner has the financial stability, |
21 | integrity and responsibility to conduct table games. |
22 | (5) The petitioner has sufficient business ability and |
23 | experience to create and maintain a successful table game |
24 | operation. |
25 | (6) The petitioner's proposed internal and external |
26 | security and proposed surveillance measures within the area |
27 | of the licensed facility where the petitioner seeks to |
28 | conduct table games are adequate. |
29 | (7) The petitioner agrees to maintain the same number of |
30 | slot machines in operation authorized by the board on October | <-- |
|
1 | 1, 2009, and agrees not to decrease the number of slot |
2 | machines in its licensed facility by more than 2% without |
3 | formal board approval. |
4 | (8) If the petitioner is a Category 3 slot machine |
5 | licensee, the petitioner agrees to invest at least |
6 | $30,000,000 in capital improvements over a five-year period |
7 | at the licensed facility. |
8 | § 1316A. Timing initial table game authorizations. |
9 | The board shall approve or deny a petition filed under |
10 | section 1312A (relating to petition requirements) within 90 days |
11 | of the effective date of this chapter and no later than 60 days |
12 | after receipt of the filing. |
13 | SUBCHAPTER C |
14 | CONDUCT OF TABLE GAMES |
15 | Sec. |
16 | 1321A. Authorized locations for operation. |
17 | 1322A. Commencement of table game operations. |
18 | 1323A. Table game operation certificate. |
19 | 1324A. Condition of continued operation. |
20 | 1325A. Table game accounting controls and audits. |
21 | 1326A. Wagering policies. |
22 | 1327A. Key employees and occupation permits. |
23 | 1328A. Amendment of statement of conditions. |
24 | 1329A. Application of Clean Indoor Air Act. |
25 | 1329.1A. Application of Liquor Code. |
26 | § 1321A. Authorized locations for operation. |
27 | (a) Restriction.--Except as provided under subsection (b), a |
28 | certificate holder shall only be permitted to operate table |
29 | games at the licensed facility. |
30 | (a.1) Temporary facilities.--The board may permit a |
|
1 | certificate holder to conduct table games at a temporary |
2 | facility which is physically connected to, attached to or |
3 | adjacent to and on the same parcel of land as a permanent |
4 | facility for a period not to exceed 24 months. |
5 | (b) Powers and duties of board.--Upon petition made by a |
6 | table game operation certificate holder, the board may determine |
7 | the suitability of a hotel for the conduct of table games. The |
8 | board may authorize the executive director to designate specific |
9 | areas of the hotel, including conference rooms, ballrooms or |
10 | other rooms, in which the certificate holder may conduct table |
11 | games for the purposes of temporary contests or tournaments. No |
12 | certificate holder may be approved to conduct table games in a |
13 | hotel unless the areas to be designated are equipped with |
14 | adequate security and surveillance equipment to ensure the |
15 | integrity of the conduct of a table game, contest or tournament. |
16 | The petition shall include the number of table games the | <-- |
17 | certificate holder intends to operate during the temporary |
18 | contest or tournament. The certificate holder shall notify the | <-- |
19 | board of the number of table games that the certificate holder |
20 | intends to operate during a temporary contest or tournament, and |
21 | the board shall designate an employee to approve or deny the |
22 | request. In granting authorization under this section, the board |
23 | shall be prohibited from: |
24 | (1) Imposing any criteria or requirements regarding the |
25 | contents or structure of a hotel which are unrelated to the |
26 | conduct of table games. |
27 | (2) Authorizing the placement or operation of slot |
28 | machines in a hotel. |
29 | (3) Counting the number of temporary contest or |
30 | tournament table games toward the number of approved tables |
|
1 | in the table game operation certificate. |
2 | § 1322A. Commencement of table game operations. |
3 | A certificate holder may not operate or offer table games for |
4 | play at a licensed facility until: |
5 | (1) The certificate holder is in compliance in all |
6 | respects with the requirements of this part. |
7 | (2) The board has approved the certificate holder's |
8 | internal controls and audits protocols under section 1325A |
9 | (relating to table game accounting controls and audits). |
10 | (3) The certificate holder's table game employees, where |
11 | applicable, are licensed, permitted or otherwise authorized |
12 | by the board to perform their respective duties. |
13 | (4) The certificate holder is prepared in all respects |
14 | to offer table game play to the public at the licensed |
15 | facility. |
16 | (5) The certificate holder has implemented necessary |
17 | internal and management controls and security arrangements |
18 | and surveillance systems for the conduct of table games. |
19 | (6) The certificate holder has paid the authorization |
20 | fee in accordance with section 1361A (relating to table game |
21 | authorization fee). |
22 | (7) The certificate holder has obtained authorization | <-- |
23 | pursuant to an act of the General Assembly, following the |
24 | effective date of this section, and has compensated the |
25 | Commonwealth for no less than the $5,000,000 for the State |
26 | lands occupied by the licensed facility. |
27 | § 1323A. Table game operation certificate. |
28 | The following shall apply: |
29 | (1) A table game operation certificate shall be in |
30 | effect unless suspended or revoked by the board or not |
|
1 | renewed by the certificate holder or by the board upon good |
2 | cause by the board consistent with the requirements of this |
3 | part. |
4 | (2) The table game operation certificate shall include |
5 | an itemized list by type and number of the table games |
6 | approved by the board and permitted in the particular |
7 | licensed facility. The certificate holder may increase or |
8 | decrease the number of table games permitted at the licensed |
9 | facility, change the type of table games played at a |
10 | particular table or change the configuration of table games |
11 | upon notice to the board and approval by a designated |
12 | employee of the board. Unless approved by the board, the |
13 | total number of table games in operation at the licensed |
14 | facility may not exceed the number authorized in the table |
15 | games operation certificate. |
16 | (3) Certificate holders shall be required to update the |
17 | information in their initial table games petition at times |
18 | prescribed by the board. |
19 | (4) No additional authorization fee shall be imposed for |
20 | renewal of a table game operation certificate. |
21 | § 1324A. Condition of continued operation. |
22 | As a condition of continued operation, a certificate holder |
23 | shall agree to maintain all books, records and documents |
24 | pertaining to table games in a manner and location within this |
25 | Commonwealth as approved by the board. All books, records and |
26 | documents related to table games shall: |
27 | (1) be segregated by separate accounts within the slot |
28 | machine licensee's operations books, records and documents, |
29 | except for any books, records or documents that are common to |
30 | both operations; |
|
1 | (2) be immediately available for inspection upon request |
2 | of the board, the bureau, the Pennsylvania State Police, the |
3 | Attorney General or agents thereof during all hours of |
4 | operation of the licensed facility in accordance with |
5 | regulations promulgated by the board; and |
6 | (3) be maintained for a period as the board, by |
7 | regulation, may require. |
8 | § 1325A. Table game accounting controls and audits. |
9 | (a) Approval.--Prior to the commencement of table game |
10 | operations, a certificate holder shall submit to the board for |
11 | approval all proposed site plans, internal control systems and |
12 | audit protocols for the certificate holder's table game |
13 | operations. |
14 | (b) Minimum requirements.--A certificate holder's internal |
15 | controls and audit protocols shall: |
16 | (1) Safeguard its assets and revenues, including the |
17 | recording of cash and evidences of indebtedness related to |
18 | table games. |
19 | (2) Provide for reliable records, accounts and reports |
20 | of any financial event that occurs in the conduct of table |
21 | games, including reports to the board related to the table |
22 | games. |
23 | (3) Provide for accurate and reliable financial records |
24 | related to table games. |
25 | (4) Establish procedures for all the following: |
26 | (i) The receipt, storage and disbursal of chips, |
27 | cash and cash equivalents used in table games. |
28 | (ii) Check cashing. |
29 | (iii) The redemption of chips, cash equivalents and |
30 | other representations of value used in table games and |
|
1 | the payoff of jackpots. |
2 | (iv) The recording of transactions pertaining to |
3 | table games. |
4 | (5) Establish procedures for the collection and security |
5 | of moneys at the gaming tables. |
6 | (6) Establish procedures for the transfer and recording |
7 | of chips between the gaming tables and the cashier's cage. |
8 | (7) Establish procedures for the transfer of drop boxes |
9 | for table games from the gaming tables to the count room. |
10 | (8) Establish procedures and security for the counting |
11 | and recording of table game revenue. |
12 | (9) Establish procedures for the security, storage and |
13 | recording of cash, chips and cash equivalents utilized in |
14 | table games. |
15 | (10) Establish procedures and security standards for the |
16 | handling and storage of table game devices. |
17 | (11) Establish procedures and rules governing the |
18 | conduct of each table game and the responsibility of |
19 | employees related to table games. |
20 | (12) Establish procedures for the collection and |
21 | recording of revenue from poker when it is a nonbanking game, |
22 | including the types of rake utilized and the methodology for |
23 | calculating the amount of permissible rake. |
24 | (13) Ensure that any wagering permitted in a table game |
25 | is implemented only in accordance with the management's |
26 | general or specific authorization, as approved by the board. |
27 | (14) Ensure the proper and timely accounting of gross |
28 | table game revenue and the calculation of gross table game |
29 | revenue, fees and taxes based on the gross table game revenue |
30 | and maintain accountability for assets. |
|
1 | (15) Ensure that recorded accountability for assets is |
2 | compared with actual assets at reasonable intervals and that |
3 | appropriate action is taken with respect to any |
4 | discrepancies. |
5 | (16) Ensure that all functions, duties and |
6 | responsibilities are appropriately segregated and performed |
7 | in accordance with sound financial practices by competent, |
8 | qualified employees. |
9 | (17) Permit use of its licensed facility by the board, |
10 | the bureau and other persons authorized by the board to |
11 | facilitate their ability to perform regulatory and oversight |
12 | functions under this chapter. |
13 | (c) Submission to board.--The submission required under |
14 | subsection (a) shall include a detailed description of the |
15 | certificate holder's administrative and accounting procedures |
16 | related to table games, including its written system of internal |
17 | controls. Each written system of internal controls shall |
18 | include: |
19 | (1) An organizational chart depicting appropriate |
20 | functions and responsibilities of employees involved in both |
21 | the slot machine operations and table game operations. |
22 | (2) A description of the duties and responsibilities of |
23 | each position shown on the organizational chart. |
24 | (3) The record retention policy of the certificate |
25 | holder. |
26 | (4) The procedure to be utilized to ensure that assets |
27 | are safeguarded, including mandatory count procedures. |
28 | (5) A detailed narrative description of the |
29 | administrative and accounting procedures in place to ensure |
30 | compliance with the requirements of section 1326A (relating |
|
1 | to wagering policies). |
2 | (6) A statement signed by the certificate holder's chief |
3 | financial officer or other competent person attesting that |
4 | the officer believes, in good faith, that the system |
5 | satisfies the requirements of this section. |
6 | (d) Review.--Prior to authorizing a certificate holder to |
7 | conduct table games, the board shall review the system of |
8 | internal controls submitted under subsection (c) to determine |
9 | whether it conforms to the requirements of this part and whether |
10 | it provides adequate and effective controls for the conduct of |
11 | table games. |
12 | § 1326A. Wagering policies. |
13 | (a) Acceptance of checks.--A certificate holder may accept a |
14 | check from a patron in exchange for cash or chips. The |
15 | certificate holder shall present each check for payment to the |
16 | financial institution upon which the check is drawn within ten |
17 | days of receipt by the certificate holder. No third party checks |
18 | shall be permitted. |
19 | (b) Credit and other financial transactions permitted.-–A |
20 | certificate holder may make credit card advances and withdrawals |
21 | available to patrons at its licensed facility. All fees charged |
22 | for cash advances, check cashing, credit card withdrawals and |
23 | the conversion of cash equivalents shall be disclosed. |
24 | Notwithstanding section 1504 (relating to wagering on credit), a |
25 | certificate holder may extend credit to patrons for the purpose |
26 | of playing slot machines or table games in accordance with this |
27 | section. |
28 | (c) Credit applications.-–Each application for credit |
29 | submitted by a patron to a certificate holder shall be |
30 | maintained in a credit file. The application shall include the |
|
1 | patron's name, address, telephone number, comprehensive bank |
2 | account information, the requested credit limit, the patron's |
3 | approximate amount of current indebtedness, the amount and |
4 | source of income in support of the application, the patron's |
5 | signature on the application and a certification of truthfulness |
6 | which shall be subject to 18 Pa.C.S. § 4903 (relating to false |
7 | swearing). The certification holder shall notify each applicant |
8 | that, as a condition of receiving credit, the certificate holder |
9 | will verify identity and indebtedness information through a |
10 | credit bureau, casino credit bureau and, if appropriate, through |
11 | direct contact with other certificate holders. |
12 | (d) Credit application verification.-–Prior to approving an |
13 | application for credit, a certificate holder shall verify: |
14 | (1) The identity, creditworthiness and indebtedness |
15 | information on the application by conducting a comprehensive |
16 | review of the information submitted with the application and |
17 | any information regarding the patron's credit activity at |
18 | other licensed facilities which the certificate holder may |
19 | obtain through a casino credit bureau and, if appropriate, |
20 | through direct contact with other licensed facilities. |
21 | (2) That the applicant's name is not included on an |
22 | exclusion list under section 1514 (relating to regulation |
23 | requiring exclusion of certain persons) or 1516 (relating to |
24 | list of persons self excluded from gaming activities) or a |
25 | voluntary credit suspension list under subsection (h). |
26 | (3) The applicant's average bank balance through direct |
27 | contact with a casino credit bureau, credit agency or with |
28 | the applicant's bank. |
29 | (e) Establishment of credit.-–Each applicant's credit limit |
30 | shall be approved by any two or more employees of the |
|
1 | certificate holder holding the job positions of credit manager, |
2 | assistant credit manager, credit shift manager, credit executive |
3 | or a key employee in a direct reporting line above the manager |
4 | or credit manager. The approval shall be recorded in the |
5 | applicant's credit file and shall include the reasons and |
6 | information relied on for the approval of credit and |
7 | verification by the employees approving the applicant's credit |
8 | limit. Increases to an individual's credit limit may be approved |
9 | following a written request from the individual and |
10 | reverification of an individual's credit information. |
11 | (f) Recordkeeping.-–Detailed information pertaining to all |
12 | transactions affecting an individual's outstanding indebtedness |
13 | to a certificate holder shall be recorded in chronological order |
14 | in the individual's credit file. |
15 | (g) Suspension of credit.-–A certificate holder may reduce |
16 | an individual's credit limit or suspend credit to an individual |
17 | upon consideration of information affecting the individual's |
18 | creditworthiness or the individual's credit activities at the |
19 | licensed facility or another licensed facility. Any individual |
20 | may request a certificate holder to voluntarily suspend the |
21 | individual's credit. Each certificate holder shall inform the |
22 | board when an individual requests a voluntary suspension of |
23 | credit and shall provide the board with all information |
24 | necessary to maintain the voluntary credit suspension list under |
25 | subsection (h). |
26 | (h) Voluntary credit suspension list.--The board shall |
27 | maintain a voluntary credit suspension list of all persons who |
28 | have requested voluntary suspension of credit privileges and |
29 | shall provide the list on a continuous basis to the credit |
30 | department of each certificate holder. An individual may request |
|
1 | placement on the voluntary credit suspension list by submitting |
2 | to the board the individual's name, address and date of birth. |
3 | The individual does not need to provide a reason for the |
4 | request. Notwithstanding any other provision of law to the |
5 | contrary, the board's list of individuals who have had credit |
6 | privileges voluntarily suspended shall not be open to public |
7 | inspection, and neither the board nor the credit department of a |
8 | certificate holder shall divulge the names on this list to any |
9 | person or entity other than those provided for in this |
10 | subsection. To remove an individual's name from the list, the |
11 | individual shall submit a request to the board, which shall |
12 | remove the individual from the list and inform the credit |
13 | department of each certificate holder not later than three |
14 | business days after the submission board's receipt of the | <-- |
15 | request. |
16 | (i) Liability.--A certificate holder or employee thereof |
17 | shall not be liable to any individual on the voluntary credit |
18 | suspension list or to any other party in any judicial proceeding |
19 | for any harm, monetary or otherwise, which may arise as a result |
20 | of: |
21 | (1) the failure of a certificate holder to restore |
22 | credit privileges to an individual on the voluntary credit |
23 | suspension list; or |
24 | (2) otherwise permitting an individual on the voluntary |
25 | credit suspension list to engage in gaming activity in the |
26 | licensed facility while on the voluntary credit suspension |
27 | list. |
28 | (j) Checks.--Notwithstanding the provisions of any law to |
29 | the contrary, checks cashed in conformity with the requirements |
30 | of this section or 13 Pa.C.S. Div. 3 (relating to negotiable |
|
1 | instruments) shall be valid instruments, enforceable at law in |
2 | the courts of this Commonwealth. Any check cashed, transferred, |
3 | conveyed, given or accepted in violation of this section shall |
4 | be invalid and unenforceable for the purposes of collection by a |
5 | certificate holder but shall be included in the calculation of |
6 | gross table game revenue. |
7 | (k) Tax liability.--Credit extended pursuant to this section |
8 | may not be claimed as a deduction, credit or any other type of |
9 | reduction or offset against any tax imposed by this part or the |
10 | act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code |
11 | of 1971. |
12 | § 1327A. Key employees and occupation permits. |
13 | Nothing in this part shall be construed to require any |
14 | individual who holds a key employee or gaming employee license |
15 | under Chapter 13 (relating to licensees) to obtain a separate |
16 | license or permit to be employed in a certificate holder's table |
17 | game operation authorized under this chapter. |
18 | § 1328A. Amendment of statement of conditions. |
19 | (a) Amendment.--Upon granting a petition for a table game |
20 | operation certificate, the board shall amend the slot machine |
21 | licensee's statement of conditions governing the slot machine |
22 | license to include conditions pertaining to the requirements of |
23 | this part. |
24 | (b) Sanctions.--A certificate holder that fails to abide by |
25 | this part as well as any condition contained in the licensee's |
26 | statement of conditions in the conduct of table games shall be |
27 | subject to board-imposed administrative sanctions or other |
28 | penalties authorized under this part. |
29 | § 1329A. Application of Clean Indoor Air Act. |
30 | If the board authorizes the conduct of table games in a |
|
1 | designated area other than the gaming floor, as defined in |
2 | section 2 of the act of June 13, 2008 (P.L.182, No.27), known as |
3 | the Clean Indoor Air Act, the provisions of section 3(b)(11) of |
4 | the Clean Indoor Air Act shall apply to that area and may | <-- |
5 | include table games. |
6 | § 1329.1A. Application of Liquor Code. |
7 | The provisions of section 493(24)(ii) of the act of April 12, |
8 | 1951 (P.L.90, No.21), known as the Liquor Code, shall also apply |
9 | to table games. |
10 | SUBCHAPTER D |
11 | (RESERVED) |
12 | SUBCHAPTER E |
13 | TABLE GAME TESTING AND CERTIFICATION |
14 | Sec. |
15 | 1341A. Table game device testing and certification standards. |
16 | § 1341A. Table game device testing and certification standards. |
17 | (a) Use of other state standards.--Until such time as the |
18 | board expands the independent testing and certification facility |
19 | established under section 1320(b) (relating to slot machine |
20 | testing and certification standards), the board may determine |
21 | whether the table game device testing and certification |
22 | standards of another jurisdiction within the United States in |
23 | which an applicant for a manufacturer license is licensed are |
24 | comprehensive and thorough and provide similar adequate |
25 | safeguards as those required by this part. If the board makes |
26 | that determination, it may permit a manufacturer licensed |
27 | pursuant to section 1317.1 (relating to manufacturer licenses) |
28 | to deploy table game devices it manufactures which have met the |
29 | table game device testing and certification standards in another |
30 | jurisdiction without undergoing the full testing and |
|
1 | certification process by the board's independent testing and |
2 | certification facility. |
3 | (b) Expansion of independent testing and certification |
4 | facility.--Within one year of the effective date of this |
5 | chapter, the board shall expand the independent testing and |
6 | certification facility created under section 1320(b) to include |
7 | the testing and certification of table game devices. Costs |
8 | associated with the expansion of the facility shall be assessed |
9 | on the appropriate manufacturer licensed to manufacture table |
10 | game devices under this part in accordance with a schedule |
11 | adopted by the board. The expanded facility shall be made |
12 | available to each table game device manufacturer and supplier as |
13 | determined by the board. |
14 | SUBCHAPTER F |
15 | (Reserved) |
16 | SUBCHAPTER G |
17 | TABLE GAME TAXES AND FEES |
18 | Sec. |
19 | 1361A. Table game authorization fee. |
20 | 1362A. Table game taxes and assessment. |
21 | § 1363A. Additional table game assessment. | <-- |
22 | § 1361A. Table game authorization fee. |
23 | (a) Imposition.--The board shall impose on each certificate |
24 | holder that is a Category 1 or Category 2 slot machine licensee |
25 | a one-time nonrefundable authorization fee in the amount of |
26 | $20,000,000 and on each certificate holder that is a Category 3 |
27 | licensee a one-time nonrefundable authorization fee in the |
28 | amount of $7,500,000 for the privilege of conducting table |
29 | games. |
30 | (b) Petition deadlines.--All eligible slot machine |
|
1 | licensees, whether operational or not, must submit a petition |
2 | and pay the authorization fee in full by June 1, 2010. This |
3 | subsection shall not apply to a Category 1 or Category 3 license |
4 | issued under section 1307 (relating to number of slot machine |
5 | licenses) after June 1, 2010. |
6 | (c) Payment of fee.--The fee imposed under subsection (a) |
7 | may be paid through an installment period established by the |
8 | board if the authorization fee is paid in full on or before June |
9 | 1, 2010. |
10 | (d) Failure to pay by deadline.--If a petitioner or |
11 | certificate holder fails to pay the authorization fee in full by |
12 | June 1, 2010, the board shall impose a $5,000,000 penalty and |
13 | may grant the petitioner or certificate holder up to a six-month |
14 | extension to pay any remaining authorization fee and the |
15 | penalty. The board may require the certificate holder to remit a |
16 | certain amount from the daily gross table game revenue to the |
17 | department until the fee and penalty are fully paid. |
18 | (e) Revocation of certificate.--The board shall revoke the |
19 | table game operation certificate if the certificate holder fails |
20 | to pay the total authorization fee and the penalty prior to the |
21 | expiration of an extension period granted under subsection (d). |
22 | (f) Petitions filed after deadline.--A petitioner filing a |
23 | petition after June 1, 2010, shall be required to pay an |
24 | additional authorization fee of $7,500,000. This subsection |
25 | shall not apply to a Category 1 or Category 3 slot machine |
26 | license issued after June 1, 2010. |
27 | (g) Deposit of fees.–-Notwithstanding section 1208 (relating |
28 | to collection of fees and fines), all table game authorization |
29 | fees received by the board under subsection (a), (c) or (f) or |
30 | penalties received under subsection (d) and all table game |
|
1 | manufacturer and supplier license fees or manufacturer and |
2 | supplier renewal fees or fees for licensees issued under Chapter |
3 | 16 (relating to junkets) shall be deposited in the General Fund. |
4 | Upon receipt of the license fee by the General Fund, 10% of the | <-- |
5 | fee must be transferred within 30 days to the Department of |
6 | Military and Veteran Affairs. Such funds shall be used 50% for |
7 | operation of Scotland School for Veterans Children, and 50% for |
8 | operation of, maintenance of and improvements to veterans homes, |
9 | centers and schools. |
10 | § 1362A. Table game taxes and assessment. |
11 | (a) Imposition.--Each certificate holder shall pay from its |
12 | daily gross table game revenue from the table games in operation |
13 | at its licensed facility on a form prescribed by the department |
14 | a tax of 34% 37% to be deposited into the General Fund and | <-- |
15 | distributed as follows: |
16 | (1) Thirty-four percent shall remain in the General |
17 | Fund. |
18 | (2) One and one-half percent shall be distributed by the |
19 | department to the county hosting the licensed facility. |
20 | (3) One and one-half percent shall be distributed by the |
21 | department to the municipality hosting the licensed facility. |
22 | (b) Deposits and distributions.-– |
23 | (1) The tax imposed under subsection (a) and any |
24 | interest accrued thereon shall be payable to the department |
25 | on a weekly basis and shall be based upon gross table game |
26 | revenue derived during the previous week. The department | <-- |
27 | shall distribute moneys to the counties and municipalities |
28 | within a week of their receipt. |
29 | (2) All funds owed to the Commonwealth, county and | <-- |
30 | municipality under this section shall be held in trust for |
|
1 | the Commonwealth, county and municipality by the certificate | <-- |
2 | holder until the funds are paid or transferred and |
3 | distributed by the department. Unless otherwise agreed to by |
4 | the board, a certificate holder shall establish a separate |
5 | bank account to maintain table game revenue until such time |
6 | as the funds are paid or transferred under this section. |
7 | (b.1) Disposition in certain third class counties.-- | <-- |
8 | (1) The tax imposed by subsection (a)(2) in a county of |
9 | the third class with a thoroughbred racetrack shall be |
10 | deposited into a restricted account established in the |
11 | Pennsylvania Commission on Crime and Delinquency to be used |
12 | exclusively by the county commissioners of the third class |
13 | county where the facility is located for a Violent Crime Task |
14 | Force composed of members of county and municipal law |
15 | enforcement agencies to reduce gang violence, gun trafficking |
16 | and violence and drug-related crimes. The commissioners shall |
17 | appoint an advisory committee to be chaired by the district |
18 | attorney and composed of chiefs and directors of county and |
19 | municipal law enforcement agencies. The advisory committee |
20 | shall make recommendations to the county commissioners for |
21 | the priorities and expenditures of the task force. The |
22 | district attorney shall direct and coordinate the operations |
23 | and personnel of the task force. |
24 | (2) The tax imposed by subsection (a)(3) in a county of |
25 | the third class with a thoroughbred racetrack shall be |
26 | distributed to the host municipality, subject, however, to |
27 | the budgetary limitations in this paragraph. If the licensed |
28 | facility and associated land are located in more than one |
29 | second class township, $120,000 annually shall be paid to |
30 | each township by the licensed gaming entity operating a |
|
1 | licensed facility and associated land located in those |
2 | townships, subject, however, to the budgetary limitation in |
3 | this paragraph. The amount allocated to the designated |
4 | townships in this paragraph shall not exceed 50% of their |
5 | total budget for fiscal year 2009-2010, adjusted for |
6 | inflation in subsequent years by an amount not to exceed an |
7 | annual cost-of-living adjustment calculated by applying the |
8 | percentage change in the Consumer Price Index immediately |
9 | prior to the date the adjustment is due to take effect. Any |
10 | remaining funds shall be deposited in the restricted account |
11 | established by the Pennsylvania Commission on Crime and |
12 | Delinquency in this subsection and shall be used for the |
13 | purposes of implementing this subsection. |
14 | (3) This subsection shall only apply to those counties |
15 | in which a licensed facility and associated lands are located |
16 | in two counties. |
17 | (4) For the purposes of this subsection, the term |
18 | "associated land" shall mean land that is owned by and |
19 | adjacent to a licensed facility and other areas owned by the |
20 | licensed facility, including racetracks, grazing fields or |
21 | any other adjoining real property. |
22 | (c) Deposits for property tax relief.--If, on the last day |
23 | of a fiscal year the balance of the Budget Stabilization Reserve |
24 | Fund established pursuant to section 1701-A of the act of April |
25 | 9, 1929 (P.L.343, No.176), known as The Fiscal Code, exceeds |
26 | $750,000,000, the Secretary of the Budget shall certify the |
27 | amount in the fund and the deposits made into the General Fund |
28 | pursuant to subsection (a) (a)(1) shall cease and thereafter be | <-- |
29 | deposited into the Property Tax Relief Fund established pursuant |
30 | to 4 Pa.C.S. § 1409 (relating to Property Tax Relief Fund). |
|
1 | § 1363A. Additional table game assessment. | <-- |
2 | (a) Additional assessment.--An assessment in an amount equal |
3 | to 1% of the daily gross table game revenue from each |
4 | certificate holder shall be paid by each certificate holder, |
5 | deposited in the State Gaming Fund and quarterly distributed to |
6 | the county hosting the certificate holder in accordance with |
7 | section 1403(c)(2), except when the certificate holder is |
8 | located in a county of the first class in which case the amount |
9 | shall be deposited in an escrow account established by an |
10 | advisory committee organized and overseen by the board and |
11 | distributed pursuant to subsection (b). |
12 | (b) Distributions from first class county escrow account.-- |
13 | The advisory committee shall adopt and file with the board |
14 | procedures for distributions from an escrow account established |
15 | for a first class county under subsection (a). All funds in an |
16 | escrow account shall be distributed only to nonprofit |
17 | organizations, and no funds may be distributed out of the county |
18 | of the first class. No less than 70% of funds in the escrow |
19 | account shall be distributed to nonprofit organizations for the |
20 | benefit of the immediate vicinity of the licensed facility. The |
21 | advisory committee shall submit a biannual report to the board |
22 | on the distribution of funds from the escrow account. |
23 | (c) Advisory committee.--An advisory committee for an escrow |
24 | account established for a first class county under subsection |
25 | (a) shall be comprised of the following members: |
26 | (1) Two designees of the State Senator in whose district |
27 | the licensed facility is located. |
28 | (2) Two designees of the State Representative in whose |
29 | district the licensed facility is located. |
30 | (3) One designee of the municipal government. |
|
1 | (4) One designee of the municipal council. |
2 | (5) One designee of the licensed facility. |
3 | Section 11.2. Sections 1401(b), 1402(a), 1402.1, 1403(b), |
4 | (c)(2)(i)(D) and (E) and (ii)(D), (iv) and (3)(v), 1405 and | <-- |
5 | 1406(a) and (e) of Title 4 are amended to read: | <-- |
6 | § 1401. Slot machine licensee deposits. |
7 | * * * |
8 | (b) Initial deposit of funds.--Not later than two business |
9 | days prior to the commencement of slot machine operations by a |
10 | slot machine licensee, the slot machine licensee shall deposit |
11 | and maintain the [sum of $5,000,000] following sums in its |
12 | account to guarantee the payment of funds to the Commonwealth |
13 | under this part and as security for its obligations under |
14 | section 1405 (relating to Pennsylvania Race Horse Development |
15 | Fund)[.]: |
16 | (1) For a Category 1 or Category 2 slot machine |
17 | licensee, $5,000,000. |
18 | (2) For a Category 3 slot machine licensee, $1,000,000. |
19 | No additional deposit shall be required from a slot machine |
20 | licensee if a slot machine licensee is granted a certificate |
21 | under Chapter 13A (relating to table games). |
22 | * * * |
23 | § 1402. Gross terminal revenue deductions. |
24 | (a) Deductions.--After determining the appropriate |
25 | assessments for each slot machine licensee, the department shall |
26 | determine costs, expenses or payments from each account |
27 | established under section 1401 (relating to slot machine |
28 | licensee deposits). The following costs and expenses shall be |
29 | transferred to the appropriate agency upon appropriation by the |
30 | General Assembly: |
|
1 | (1) The costs and expenses to be incurred by the |
2 | department in administering this part at each slot machine |
3 | licensee's licensed facility based upon a budget submitted by |
4 | the department [to and approved by the board]. |
5 | (2) The other costs and expenses to be incurred by the |
6 | department in administering this part based upon a budget |
7 | submitted by the department [to and approved by the board]. |
8 | (3) Sums necessary to repay any loans made by the |
9 | General Fund to the department in connection with carrying |
10 | out its responsibilities under this part, including the costs |
11 | of the initial acquisition of the central control computer |
12 | and any accessories or associated equipment. |
13 | (4) The costs and expenses to be incurred by the |
14 | Pennsylvania State Police and the Office of Attorney General |
15 | and not otherwise reimbursed under this part in carrying out |
16 | their respective responsibilities under this part based upon |
17 | a budget submitted by the Pennsylvania State Police and the |
18 | Attorney General [to and approved by the board]. |
19 | (5) Sums necessary to repay any loans made by the |
20 | General Fund to the Pennsylvania State Police in connection |
21 | with carrying out its responsibilities under this part. |
22 | (6) The costs and expenses to be incurred by the board |
23 | in carrying out its responsibilities under this part based |
24 | upon a budget approved by the board. |
25 | (7) Sums necessary to repay any loans made by the |
26 | General Fund to the board in connection with carrying out its |
27 | responsibilities under this part. |
28 | (8) The salaries, wages and all necessary expenses |
29 | incurred by the Department of the Auditor General and not |
30 | otherwise reimbursed under this part in conducting audits as |
|
1 | provided by law of the board or any fund created by this part |
2 | based upon the budget submitted by the Department of the |
3 | Auditor General pursuant to section 1402.1 (relating to |
4 | itemized budget reporting). |
5 | * * * |
6 | § 1402.1. Itemized budget reporting. |
7 | The board, department, Pennsylvania State Police [and], the |
8 | Attorney General and the Department of the Auditor General shall |
9 | prepare and annually submit to the chairman of the |
10 | Appropriations Committee of the Senate and the chairman of the |
11 | Appropriations Committee of the House of Representatives an |
12 | itemized budget consisting of amounts to be appropriated out of |
13 | the accounts established under section 1401 (relating to slot |
14 | machine licensee deposits) necessary to administer this part or |
15 | required under section 1402(a)(8) (relating to gross terminal |
16 | revenue deductions). |
17 | § 1403. Establishment of State Gaming Fund and net slot machine |
18 | revenue distribution. |
19 | * * * |
20 | (b) Slot machine tax.--The department shall determine and |
21 | each slot machine licensee shall pay a daily tax of 34% from its |
22 | daily gross terminal revenue from the slot machines in operation |
23 | at its facility and a local share assessment as provided in |
24 | subsection (c) into the fund. All funds owed to the Commonwealth |
25 | or a municipality under this section shall be held in trust by |
26 | the licensed gaming entity for the Commonwealth and the |
27 | municipality until the funds are paid or transferred and |
28 | distributed. Unless otherwise agreed to by the [Gaming Board] |
29 | board, a licensed gaming entity shall establish a separate bank |
30 | account to maintain [gaming proceeds] slot machine revenue until |
|
1 | such time as [they] the funds are paid or transferred under this |
2 | section. |
3 | (c) Transfers and distributions.--The department shall: |
4 | * * * |
5 | (2) From the local share assessment established in |
6 | subsection (b), make quarterly distributions among the |
7 | counties hosting a licensed facility in accordance with the |
8 | following schedule: |
9 | (i) If the licensed facility is a Category 1 |
10 | licensed facility that is located at a harness racetrack |
11 | and the county, including a home rule county, in which |
12 | the licensed facility is located is: |
13 | * * * |
14 | (D) (I) A county of the third class: Except as |
15 | provided in subclause (II), 2% of the gross terminal |
16 | revenue from each such licensed facility shall be |
17 | deposited into a restricted account established in |
18 | the Department of Community and Economic Development |
19 | to be used exclusively for grants for health, safety |
20 | and economic development projects to municipalities |
21 | within the county where the licensed facility is |
22 | located. [Municipalities that are contiguous to the |
23 | municipality hosting such licensed facility shall be |
24 | given priority by the Department of Community and |
25 | Economic Development in the award of such grants.] If |
26 | the licensed facility is located in a first class |
27 | township located in a county where a third class city |
28 | is operating under an Optional Plan B form of |
29 | government pursuant to the former act of April 13, |
30 | 1972 (P.L.184, No.62), known as the Home Rule Charter |
|
1 | and Optional Plans Law, the department shall allocate |
2 | funds available for grants to municipalities as |
3 | follows: 40% shall be awarded to cities located in |
4 | the county on a pro rata basis utilizing the most |
5 | recent United States Census bureau population figures |
6 | available; 35% shall be awarded to municipalities |
7 | contiguous to the host municipality; and 25% shall be |
8 | available for awards to noncontiguous municipalities |
9 | in the county, on a competitive basis. Grants to |
10 | municipalities within the county where the licensed |
11 | facility is located may be awarded to groups of |
12 | municipalities within the county to fund regional |
13 | projects. |
14 | (II) If a licensed facility is located in |
15 | one of two counties of the third class where a |
16 | city of the third class is located in both |
17 | counties of the third class, the county in which |
18 | the licensed facility is located shall receive |
19 | 1.2% of the gross terminal revenue to be |
20 | distributed as follows: 20% to the host city, |
21 | 30% to the host county and 50% to the host county |
22 | for the purpose of making municipal grants within |
23 | the county, with priority given to municipalities |
24 | contiguous to the host city. The county of the |
25 | third class, which includes a city of the third |
26 | class that is located in two counties of the |
27 | third class and is not the host county for the |
28 | licensed facility, shall receive .8% of the gross |
29 | terminal revenue to be distributed as follows: |
30 | 60% to a nonhost city of the third class located |
|
1 | solely in the nonhost county in which the host |
2 | city of the third class is also located or 60% to |
3 | the nonhost city of the third class located both |
4 | in the host and nonhost counties of the third |
5 | class, 35% to the nonhost county and 5% to the |
6 | nonhost county for the purpose of making |
7 | municipal grants within the county. |
8 | (E) A county of the fourth class: 2% of the |
9 | gross terminal revenue from each such licensed |
10 | facility shall be distributed as follows: |
11 | (I) The department shall make quarterly |
12 | distributions directly to each municipality |
13 | within the county, except the host municipality, |
14 | by using a formula equaling the sum of $25,000 |
15 | plus $10 per resident of the municipality using |
16 | the most recent population figures provided by |
17 | the Department of Community and Economic |
18 | Development, provided, however, that the amount |
19 | so distributed to any municipality shall not |
20 | exceed 50% of its total budget for fiscal year |
21 | 2009, adjusted for inflation in subsequent fiscal |
22 | years by an amount not to exceed an annual cost- |
23 | of-living adjustment calculated by applying any |
24 | upward percentage change in the Consumer Price |
25 | Index immediately prior to the date the |
26 | adjustment is due to take effect. Distributions |
27 | to a municipality in accordance with this |
28 | subclause shall be deposited into a special fund |
29 | which shall be established by the municipality. |
30 | The governing body of the municipality shall have |
|
1 | the right to draw upon the special fund provided |
2 | that the municipality identifies the fund as the |
3 | source of the expenditure. Each municipality |
4 | shall annually submit a report to the Department |
5 | of Community and Economic Development detailing |
6 | the amount and purpose of each expenditure made |
7 | from the special account during the prior fiscal |
8 | year. |
9 | (II) Any funds not distributed under |
10 | subclause (I) shall be deposited into a |
11 | restricted account established in the Department |
12 | of Community and Economic Development to be used |
13 | exclusively for grants to the county, to economic |
14 | development authorities or redevelopment |
15 | authorities within the county for grants for |
16 | economic development projects, infrastructure |
17 | projects, job training, community improvement |
18 | projects, other projects in the public interest |
19 | and reasonable administrative costs. However, the |
20 | administrative costs shall not exceed 4% of the |
21 | gross terminal revenue received by the county of |
22 | the fourth class annually from the licensed |
23 | facility. Notwithstanding the provisions of the |
24 | act of February 9, 1999 (P.L.1, No.1), known as |
25 | the Capital Facilities Debt Enabling Act, grants |
26 | made under this clause may be utilized as local |
27 | matching funds for other grants or loans from the |
28 | Commonwealth. |
29 | * * * |
30 | (ii) If the licensed facility is a Category 1 |
|
1 | licensed facility and is located at a thoroughbred |
2 | racetrack and the county in which the licensed facility |
3 | is located is: |
4 | * * * |
5 | (D) A county of the third class: 1% of the |
6 | gross terminal revenue to the county hosting the |
7 | licensed facility from each such licensed facility. |
8 | An additional 1% of the gross terminal revenue to the |
9 | county hosting the licensed facility from each such |
10 | licensed facility for the purpose of municipal grants |
11 | within the county in which the licensee is located. |
12 | Where a licensed facility is located in a county of |
13 | the third class and owns land which is located in a |
14 | county of the fifth class that is owned by and |
15 | adjacent to the licensed facility and other areas |
16 | owned by the licensed facility, including racetracks, |
17 | grazing fields or any other adjoining real property, |
18 | the county of the fifth class shall receive a portion |
19 | of the gross terminal revenue distributed under this |
20 | clause in accordance with subparagraph (vi) as if |
21 | such land were part of the licensed facility. |
22 | * * * |
23 | (iv) If the facility is a Category 3 licensed | <-- |
24 | facility, 2% of the gross terminal revenue from each such |
25 | licensed facility shall be deposited into a restricted |
26 | account established in [the Department of Community and |
27 | Economic Development] the Commonwealth Financing |
28 | Authority to be used exclusively for grants [to the |
29 | county, to economic development authorities or |
30 | redevelopment authorities within the county for grants |
|
1 | for economic development projects and community |
2 | improvement projects] or guarantees for projects in the |
3 | host county that qualify under 64 Pa.C.S. §§ 1551 |
4 | (relating to Business And Our Sites Program), 1556 |
5 | (relating to Tax Increment Financing Guarantee Program) |
6 | and 1558 (relating to Water Supply and Waste Water |
7 | Infrastructure Program). |
8 | * * * |
9 | (3) From the local share assessment established in |
10 | subsection (b), make quarterly distributions among the |
11 | municipalities, including home rule municipalities, hosting a |
12 | licensed facility in accordance with the following schedule: |
13 | * * * |
14 | (v) To a township of the second class hosting a |
15 | licensed facility, other than a Category 3 licensed |
16 | facility, 2% of the gross terminal revenue or $10,000,000 |
17 | annually, whichever is greater, shall be paid by each |
18 | licensed gaming entity operating a licensed facility |
19 | located in the township, subject, however, to the |
20 | budgetary limitation in this subparagraph. The amount |
21 | allocated to the designated municipalities shall not |
22 | exceed 50% of their total budget for fiscal year |
23 | 2003-2004, adjusted for inflation in subsequent years by |
24 | an amount not to exceed an annual cost-of-living |
25 | adjustment calculated by applying the percentage change |
26 | in the Consumer Price Index immediately prior to the date |
27 | the adjustment is due to take effect. Any remaining money |
28 | shall be collected by the department from each licensed |
29 | gaming entity and distributed in accordance with |
30 | paragraph (2) based upon the classification of county |
|
1 | where the licensed facility is located. Where the |
2 | licensed facility is other than a Category 3 and is |
3 | located in more than one second class township, the |
4 | county commissioners of the county of the third class in |
5 | which the facility is located shall appoint an advisory |
6 | committee for the purpose of advising the county as to |
7 | the need for municipal grants for health, safety, |
8 | transportation and other projects in the public interest |
9 | to be comprised of two individuals from the host |
10 | municipality, two from contiguous municipalities within |
11 | the county of the third class and one from the host |
12 | county. Where the licensed facility is other than a |
13 | Category 3 and is located in a county of the third class |
14 | and owns land which is located in a township of the |
15 | second class that is located in a county of the fifth |
16 | class that is owned by and adjacent to the licensed |
17 | facility and other areas owned by the licensed facility, |
18 | including racetracks, grazing fields or any other |
19 | adjoining real property, the township of the second class |
20 | in the county of the fifth class shall receive a portion |
21 | of the gross terminal revenue distributed under this |
22 | subparagraph in accordance with subparagraph (x) as if |
23 | such land were part of the licensed facility. A county |
24 | other than a county of the third class in which the |
25 | licensed facility is located is not required to appoint |
26 | an advisory committee and may use funds received under |
27 | this subparagraph for purposes other than municipal |
28 | grants. In the event that the revenues generated by the |
29 | 2% do not meet the $10,000,000 minimum specified in this |
30 | subparagraph, the department shall collect the remainder |
|
1 | of the minimum amount of $10,000,000 from each licensed |
2 | gaming entity operating a licensed facility in the |
3 | township, pay any balance due to the township and |
4 | transfer any remainder in accordance with paragraph (2). |
5 | * * * |
6 | § 1405. Pennsylvania Race Horse Development Fund. |
7 | (a) Fund established.--There is hereby established a |
8 | Pennsylvania Race Horse Development Fund within the State |
9 | Treasury. |
10 | (b) Pennsylvania race horse improvement assessment.--[Each] | <-- |
11 | Except as provided in subsection (b.1), each active and | <-- |
12 | operating licensed gaming entity shall pay a daily assessment to |
13 | the Pennsylvania Race Horse Development Fund [as determined by |
14 | the department. Subject to the daily assessment cap established |
15 | under subsection (c), the licensed gaming entity's assessment |
16 | shall be a percentage of each licensed gaming entity's gross |
17 | terminal revenue, equal to an amount calculated as "A" |
18 | multiplied by "B", with "A" being] equal to 10% of each licensed |
19 | gaming entity's gross terminal revenue for that day [divided by |
20 | the total gross terminal revenue for that day from all licensed |
21 | gaming entities, and "B" being equal to 18% of that day's gross |
22 | terminal revenue for all active and operating Category 1 |
23 | licensees conducting live racing]. |
24 | (b.1) Daily assessment.--For fiscal years 2009-2010 through | <-- |
25 | 2012-2013, each active and operating licensed gaming entity |
26 | shall pay a daily assessment to the Pennsylvania Race Horse |
27 | Development Fund equal to 12% of each licensed gaming entity's |
28 | gross terminal revenue for that day. |
29 | [(c) Daily assessment cap.--If the resulting daily |
30 | assessment for a licensed gaming entity exceeds 12% of that |
|
1 | licensed gaming entity's gross terminal revenue for the day, the |
2 | licensed gaming entity shall pay a daily assessment of 12% of |
3 | its gross terminal revenue for that day.] |
4 | (d) Distributions.--In accordance with section 1406 |
5 | (relating to distributions from Pennsylvania Race Horse |
6 | Development Fund), the department shall make distributions from |
7 | the Pennsylvania Race Horse Development Fund to each of the |
8 | active and operating Category 1 licensees conducting live |
9 | racing. |
10 | (e) Report.--Category 1 licensees shall report annually to | <-- |
11 | the board and to the respective racing commission as to how the |
12 | introduction and expansion of enhanced gaming and distributions |
13 | from the fund have fulfilled the intent of this part to enhance |
14 | live racing and breeding in this Commonwealth. Additionally, the |
15 | licensees shall be required to document plans to promote live |
16 | handle and daily attendance at the racetrack in the subsequent |
17 | year. |
18 | § 1406. Distributions from Pennsylvania Race Horse Development |
19 | Fund. |
20 | (a) Distributions.--Funds from the Pennsylvania Race Horse |
21 | Development Fund shall be distributed to each active and |
22 | operating Category 1 licensee conducting live racing [in the |
23 | following manner] as follows: |
24 | (1) [An amount equal to 18% of the daily gross terminal |
25 | revenue of each Category 1 licensee shall be distributed to |
26 | each active and operating Category 1 licensee conducting live |
27 | racing unless the daily assessments are affected by the daily |
28 | assessment cap provided for in section 1405(c) (relating to |
29 | Pennsylvania Race Horse Development Fund). In cases in which |
30 | the daily assessment cap affects daily assessments, the] The | <-- |
|
1 | distribution to each active and operating Category 1 licensee |
2 | conducting live racing for that day shall be a percentage of |
3 | the total daily assessments paid into the Pennsylvania Race |
4 | Horse Development Fund for that day equal to the gross |
5 | terminal revenue of each active and operating Category 1 |
6 | licensee conducting live racing for that day divided by the |
7 | total gross terminal revenue of all active and operating |
8 | Category 1 licensees conducting live racing for that day. |
9 | [The] Except as provided in paragraph (2), the distributions | <-- |
10 | to licensed racing entities from the Pennsylvania Race Horse |
11 | Development Fund shall be allocated as follows: |
12 | [(i) Eighty percent] (i) (A) From licensees that | <-- |
13 | operate at thoroughbred tracks, 80% shall be deposited |
14 | weekly into a separate, interest-bearing purse account to |
15 | be established by and for the benefit of the horsemen. |
16 | The earned interest on the account shall be credited to |
17 | the purse account. Licensees shall combine these funds |
18 | with revenues from existing purse agreements to fund |
19 | purses for live races consistent with those agreements |
20 | with the advice and consent of the horsemen. |
21 | (B) From licensees that operate at standardbred | <-- |
22 | tracks, 64% shall be deposited weekly into a |
23 | separate, interest-bearing purse account to be |
24 | established by and for the benefit of the horsemen. |
25 | The earned interest on the account shall be credited |
26 | to the purse account. Licensees shall combine these |
27 | funds with revenues from existing purse agreements to |
28 | fund purses for live races consistent with those |
29 | agreements with the advice and consent of the |
30 | horsemen. A minimum of one-sixth of the amount of |
|
1 | those purses shall be used for live races limited to |
2 | harness horses that are regularly stabled in this |
3 | Commonwealth, are greater than three years of age and |
4 | were sired by a standardbred stallion regularly |
5 | standing in this Commonwealth. |
6 | (C) From licensees that operate at standardbred |
7 | tracks, 16% shall be deposited on a monthly basis |
8 | into the Pennsylvania Sire Stakes Fund as defined in |
9 | section 224 of the Race Horse Industry Reform Act. |
10 | (ii) For thoroughbred tracks, 16% shall be deposited |
11 | on a monthly basis into the Pennsylvania Breeding Fund as |
12 | defined in section 223 of the Race Horse Industry Reform |
13 | Act. For standardbred tracks, 8% shall be deposited on a |
14 | monthly basis in the Pennsylvania Sire Stakes Fund as |
15 | defined in section 224 of the Race Horse Industry Reform |
16 | Act, and 8% shall be deposited on a monthly basis into a |
17 | restricted account in the State Racing Fund to be known |
18 | as the Pennsylvania Standardbred Breeders Development |
19 | Fund. The State Harness Racing Commission shall, in |
20 | consultation with the Secretary of Agriculture by rule or |
21 | by regulation, adopt a standardbred breeders program that |
22 | will include the administration of Pennsylvania Stallion |
23 | Award, Pennsylvania Bred Award and a Pennsylvania Sired |
24 | and Bred Award. |
25 | (iii) Four percent shall be used to fund health and |
26 | pension benefits for the members of the horsemen's |
27 | organizations representing the owners and trainers at the |
28 | racetrack at which the licensed racing entity operates |
29 | for the benefit of the organization's members, their |
30 | families, employees and others in accordance with the |
|
1 | rules and eligibility requirements of the organization, |
2 | as approved by the State Horse Racing Commission or the |
3 | State Harness Racing Commission. This amount shall be |
4 | deposited within five business days of the end of each |
5 | month into a separate account to be established by each |
6 | respective horsemen's organization at a banking |
7 | institution of its choice. Of this amount, $250,000 shall |
8 | be paid annually by the horsemen's organization to the |
9 | thoroughbred jockeys or standardbred drivers organization |
10 | at the racetrack at which the licensed racing entity |
11 | operates for health insurance, life insurance or other |
12 | benefits to active and disabled thoroughbred jockeys or |
13 | standardbred drivers in accordance with the rules and |
14 | eligibility requirements of that organization. |
15 | (2) [(Reserved).] For fiscal years 2009-2010 through |
16 | 2012-2013, distributions to licensed racing entities from the | <-- |
17 | Pennsylvania Race Horse Development Fund shall be allocated |
18 | as follows: |
19 | (i) Seventeen percent of the annual revenue | <-- |
20 | deposited into the Pennsylvania Race Horse Development |
21 | Fund shall be transferred to the General Fund. The |
22 | remaining amount will be distributed as follows: |
23 | (A) Either 4%, or $11,000,000, whichever is |
24 | greater, shall be used to fund health and pension |
25 | benefits for the members of the horsemen's |
26 | organizations representing the owners and trainers at |
27 | the racetrack at which the licensed racing entity |
28 | operates for the benefit of the organization's |
29 | members, their families, employees and others in |
30 | accordance with the rules and eligibility |
|
1 | requirements of the organization, as approved by the |
2 | State Horse Racing Commission or the State Harness |
3 | Racing Commission. This amount shall be deposited |
4 | within five business days of the end of each month |
5 | into a separate account to be established by each |
6 | respective horsemen's organization at a banking |
7 | institution of its choice. Of this amount, a minimum |
8 | of $250,000 shall be paid annually by the horsemen's |
9 | organization to the thoroughbred jockeys or |
10 | standardbred drivers organization at the racetrack at |
11 | which the licensed racing entity operates for health |
12 | insurance, life insurance or other benefits to active |
13 | and disabled thoroughbred jockeys or standardbred |
14 | drivers in accordance with the rules and eligibility |
15 | requirements of that organization. |
16 | (B) The amount remaining after application of |
17 | clause (A) shall be distributed on a pro rata basis |
18 | as follows: |
19 | (I) Seventy-eight percent of the remaining |
20 | amount shall be deposited weekly into a separate, |
21 | interest-bearing purse account to be established |
22 | by and for the benefit of the horsemen. The |
23 | earned interest on the account shall be credited |
24 | to the purse account. Licensees shall combine |
25 | these funds with revenues from existing purse |
26 | agreements to fund purses for live races |
27 | consistent with those agreements with the advice |
28 | and consent of the horsemen. The State Horse |
29 | Racing Commission and the State Harness Racing |
30 | Commission, in consultation with the Secretary of |
|
1 | Agriculture, shall adopt rules and regulations |
2 | relating to the conditions of live races, to |
3 | include races restricting entry to the |
4 | Pennsylvania-sired or Pennsylvania-bred horse. |
5 | (II) For thoroughbred tracks, the remaining |
6 | 17% shall be deposited on a monthly basis into |
7 | the Pennsylvania Breeding Fund as defined in |
8 | section 223 of the act of December 17, 1981 |
9 | (P.L.435, No.135), known as the Race Horse |
10 | Industry Reform Act. For standardbred tracks, |
11 | one-half of that amount shall be deposited on a |
12 | monthly basis in the Pennsylvania Sire Stakes |
13 | Fund as defined in section 224 of the Race Horse |
14 | Industry Reform Act, and the other half shall be |
15 | deposited on a monthly basis into a restricted |
16 | account in the State Racing Fund to be known as |
17 | the Pennsylvania Standardbred Breeders |
18 | Development Fund. The State Harness Racing |
19 | Commission shall, in consultation with the |
20 | Secretary of Agriculture by rule or by |
21 | regulation, adopt a standardbred breeders program |
22 | that will include the administration of |
23 | Pennsylvania Stallion Award, Pennsylvania Bred |
24 | Award and a Pennsylvania Sired and Bred Award. |
25 | (III) Five percent shall be deposited weekly |
26 | into the State Racing Fund as defined in section |
27 | 222 of the Race Horse Industry Reform Act. |
28 | (ii) Category 1 licensees shall report annually to |
29 | the board and to the respective racing commission as to |
30 | how the introduction and expansion of enhanced gaming has |
|
1 | fulfilled the intent of this title to enhance live racing |
2 | and breeding in this Commonwealth. Additionally, the |
3 | licensees shall be required to document plans to promote |
4 | live handle and daily attendance at the racetrack in the |
5 | subsequent year. |
6 | (i) Each week, 17% of the money in the Pennsylvania | <-- |
7 | Race Horse Development Fund shall be transferred to the |
8 | General Fund. |
9 | (ii) Each week, 83% of the money in the Pennsylvania |
10 | Race Horse Development Fund shall be distributed to each |
11 | active and operating Category 1 licensee conducting live |
12 | racing in accordance with the following formula: |
13 | (A) Divide: |
14 | (I) the total daily assessments paid, by |
15 | each active and operating Category 1 licensee |
16 | conducting live racing, into the Pennsylvania |
17 | Race Horse Development Fund for that week; by |
18 | (II) the total daily assessments paid, by |
19 | all active and operating Category 1 licensees |
20 | conducting live racing, into the Pennsylvania |
21 | Race Horse Development Fund for that week. |
22 | (B) Multiply the quotient under clause (A) by |
23 | the amount to be distributed under this subparagraph. |
24 | (iii) The distribution under subparagraph (ii) shall |
25 | be allocated as follows: |
26 | (A) The greater of 4% of the amount to be |
27 | distributed under subparagraph (ii) or $220,000 shall |
28 | be used to fund health and pension benefits for the |
29 | members of the horsemen's organizations representing |
30 | the owners and trainers at the racetrack at which the |
|
1 | licensed racing entity operates for the benefit of |
2 | the organization's members, their families, employees |
3 | and others in accordance with the rules and |
4 | eligibility requirements of the organization, as |
5 | approved by the State Horse Racing Commission or the |
6 | State Harness Racing Commission. This amount shall be |
7 | deposited within five business days of the end of |
8 | each week into a separate account to be established |
9 | by each respective horsemen's organization at a |
10 | banking institution of its choice. Of this amount, a |
11 | minimum of $250,000 shall be paid annually by the |
12 | horsemen's organization to the thoroughbred jockeys |
13 | or standardbred drivers organization at the racetrack |
14 | at which the licensed racing entity operates for |
15 | health insurance, life insurance or other benefits to |
16 | active and disabled thoroughbred jockeys or |
17 | standardbred drivers in accordance with the rules and |
18 | eligibility requirements of that organization. |
19 | (B) Of the money remaining to be distributed |
20 | under subparagraph (ii) after application of clause |
21 | (A), the following disbursements shall be made: |
22 | (I) For licensees that operate at |
23 | thoroughbred tracks, eighty-three and one-third |
24 | percent of the money to be distributed under this |
25 | clause shall be deposited on a weekly basis into |
26 | a separate, interest-bearing purse account to be |
27 | established by and for the benefit of the |
28 | horsemen. The earned interest on the account |
29 | shall be credited to the purse account. Licensees |
30 | shall combine these funds with revenues from |
|
1 | existing purse agreements to fund purses for live |
2 | races consistent with those agreements with the |
3 | advice and consent of the horsemen. For licensees |
4 | that operate at standardbred tracks, 67 1/3% |
5 | shall be deposited weekly into a separate, |
6 | interest-bearing purse account to be established |
7 | by and for the benefit of the horsemen. The |
8 | earned interest on the account shall be credited |
9 | to the purse account. Licensees shall combine |
10 | these funds with revenues from existing purse |
11 | agreements to fund purses for live races |
12 | consistent with those agreements with the advice |
13 | and consent of the horsemen. A minimum of one- |
14 | sixth of the amount of those purses shall be used |
15 | for live races limited to harness horses that are |
16 | regularly stabled in this Commonwealth, are |
17 | greater than three years of age and were sired by |
18 | a standardbred stallion regularly standing in |
19 | this Commonwealth. From licensees that operate at |
20 | standardbred tracks, 16% shall be deposited on a |
21 | monthly basis into the Pennsylvania Sire Stakes |
22 | Fund as defined in section 224 of the Race Horse |
23 | Industry Reform Act. |
24 | (II) For thoroughbred tracks, 16 and 2/3% of |
25 | the money to be distributed under this clause |
26 | shall be deposited on a weekly basis into the |
27 | Pennsylvania Breeding Fund established in section |
28 | 223 of the act of December 17, 1981 (P.L.435, |
29 | No.135), known as the Race Horse Industry Reform |
30 | Act. For standardbred tracks, 8 and 1/3% of the |
|
1 | money to be distributed under this clause shall |
2 | be deposited on a weekly basis into the |
3 | Pennsylvania Sire Stakes Fund as defined in |
4 | section 224 of the Race Horse Industry Reform |
5 | Act; and 8 and 1/3% of the money to be |
6 | distributed under this clause shall be deposited |
7 | on a weekly basis into a restricted account in |
8 | the State Racing Fund to be known as the |
9 | Pennsylvania Standardbred Breeders Development |
10 | Fund. The State Harness Racing Commission shall, |
11 | in consultation with the Secretary of |
12 | Agriculture, promulgate regulations adopting a |
13 | standardbred breeders program that will include |
14 | the administration of the Pennsylvania Stallion |
15 | Award, the Pennsylvania Bred Award and the |
16 | Pennsylvania Sired and Bred Award. |
17 | * * * |
18 | (e) Filing of audit.--All horsemen's organizations that | <-- |
19 | receive funds under this section shall file annually with the |
20 | appropriate commission and the board an audit prepared by a | <-- |
21 | certified public accountant of all funds received. Such filings |
22 | shall be open to public review. The horsemen's organizations |
23 | shall maintain adequate records concerning receipt and |
24 | distribution of funds allocated to them. All distributions under |
25 | this section, except for those for health and pension benefits |
26 | for the members of horsemen's organizations, shall be suspended |
27 | for any horsemen's organization that has not filed an audit as |
28 | required under this subsection within six months of the end of |
29 | the horsemen's organization's fiscal year. Any such |
30 | distributions suspended are appropriated to the Department of |
|
1 | Agriculture. |
2 | * * * |
3 | Section 12. Section 1407 of Title 4 is amended by adding |
4 | subsections to read: |
5 | § 1407. Pennsylvania Gaming Economic Development and Tourism |
6 | Fund. |
7 | * * * |
8 | (e) Annual report.--The Office of the Budget in cooperation |
9 | with the Department of Community and Economic Development shall |
10 | submit an annual report of all distribution of funds under this |
11 | section to the chairman and minority chairman of the |
12 | Appropriations Committee of the Senate, the chairman and |
13 | minority chairman of the Community, Economic and Recreational |
14 | Development Committee of the Senate, the chairman and minority |
15 | chairman of the Appropriations Committee of the House of |
16 | Representatives and the chairman and minority chairman of the |
17 | Gaming Oversight Committee of the House of Representatives. The |
18 | report shall include detailed information relating to transfers |
19 | made from the Pennsylvania Gaming Economic Development and |
20 | Tourism Fund and all reimbursements, distributions and payments |
21 | made under subsection (b) or the act of July 25, 2007 (P.L.342, |
22 | No.53), known as Pennsylvania Gaming Economic Development and |
23 | Tourism Fund Capital Budget Itemization Act of 2007. The report |
24 | shall be submitted by January 31, 2010, and by January 31 of |
25 | each year thereafter. |
26 | (f) Local report.--A city of the first class, city of the |
27 | second class, county of the second class, convention center or |
28 | convention center authority, sports and exhibition authority of |
29 | a county of the second class, urban redevelopment authority, |
30 | airport authority or other entity that receives money from the |
|
1 | fund pursuant to an Economic Development Capital Budget under |
2 | subsection (b) or the act of July 25, 2007 (P.L.342, No.53), |
3 | known as Pennsylvania Gaming Economic Development and Tourism |
4 | Fund Capital Budget Itemization Act of 2007, shall submit an |
5 | annual report to the Office of the Budget, the chairman and |
6 | minority chairman of the Appropriations Committee of the Senate, |
7 | the chairman and minority chairman of the Community, Economic |
8 | and Recreational Development Committee of the Senate, the |
9 | chairman and minority chairman of the Appropriations Committee |
10 | of the House of Representatives and the chairman and the |
11 | minority chairman of the Gaming Oversight Committee of the House |
12 | of Representatives. The report shall include detailed |
13 | information, including records of expenditures, payments and |
14 | other distributions made from money received under subsection |
15 | (b). The initial report shall include information on all funds |
16 | received prior to January 31, 2010. The report shall be |
17 | submitted by January 31, 2010, and by January 31 of each year |
18 | thereafter until all funds under this section are distributed or |
19 | received. An entity that receives funds after the effective date |
20 | of this section shall submit an initial report by January 31 of |
21 | the year following receipt of the funds. |
22 | (g) Distribution to international airport.--Notwithstanding |
23 | the provisions of section 7(d) of the act of July 25, 2007 |
24 | (P.L.342, No.53), known as the Pennsylvania Gaming Economic |
25 | Development and Tourism Fund Capital Budget Itemization Act of |
26 | 2007, following the distribution of $42.5 million of funds |
27 | allocated to the county for debt service and economic |
28 | development projects for an international airport in a county of |
29 | the second class under section 3(2)(i)(E) of said act, all |
30 | remaining funds shall be distributed directly to an authority |
|
1 | that operates an international airport in a county of the second |
2 | class. |
3 | Section 13. Section 1408(a) and (c) of Title 4 are amended |
4 | and the section is amended by adding a subsection to read: |
5 | § 1408. Transfers from State Gaming Fund. |
6 | (a) Transfer for compulsive and problem gambling |
7 | treatment.--Each year, the sum of [$1,500,000] $2,000,000 | <-- |
8 | $4,000,000 or an amount equal to [.001] .002 .004 multiplied by | <-- |
9 | the total gross terminal revenue of all active and operating |
10 | licensed gaming entities, whichever is greater, shall be |
11 | transferred into the Compulsive and Problem Gambling Treatment |
12 | Fund established in section 1509 (relating to compulsive and |
13 | problem gambling program). |
14 | (a.1) Transfer from grant program.--No later than 60 days |
15 | after the effective date of this section and annually |
16 | thereafter, the board shall transfer or cause to be transferred |
17 | $3,000,000 from the grant program established in subsection (c) |
18 | to the Compulsive and Problem Gambling Treatment Fund |
19 | established under section 1509 (relating to compulsive and |
20 | problem gambling program) solely for the purposes of compulsive |
21 | and problem gambling and drug and alcohol assessment and |
22 | treatment. |
23 | * * * |
24 | (c) Local law enforcement grants.--Annually, the sum of |
25 | $5,000,000 shall be transferred to the board for the [purpose |
26 | of] purposes authorized in subsection (a.1) and for issuing |
27 | grants to local law enforcement agencies to enforce and prevent |
28 | [the unlawful operation of slot machines] all forms of unlawful |
29 | gambling in this Commonwealth. All sums transferred to the board | <-- |
30 | for the purpose of issuing grants for law enforcement purposes |
|
1 | which have not been distributed in grants to local law |
2 | enforcement agencies within 12 months of transfer to the board |
3 | and which have not been transferred under subsection (a.1) shall |
4 | be transferred to the Department of Agriculture for distribution |
5 | under section 5(1) of the act of July 8, 1986 (P.L.437, No.92), |
6 | known as the Pennsylvania Agricultural Fair Act, to eligible |
7 | county agricultural societies and other organizations which |
8 | conduct an annual agricultural fair. For purposes of this |
9 | subsection, the term "local law enforcement agency" shall |
10 | include Pennsylvania State Police activities in a municipality |
11 | which does not have a municipal police department for activities |
12 | in that municipality. |
13 | * * * |
14 | Section 13.1. Sections 1501(b) and (c), 1504 and 1505 of |
15 | Title 4 are amended to read: |
16 | § 1501. Responsibility and authority of department. |
17 | * * * |
18 | (b) Application of rules and regulations.--The department |
19 | may prescribe the extent, if any, to which any rules and |
20 | regulations shall be applied without retroactive effect. The |
21 | department shall have authority to prescribe the forms and the |
22 | system of accounting and recordkeeping to be employed and |
23 | through its representative shall at all times have power of |
24 | access to and examination and audit of any equipment and records |
25 | relating to all aspects of the operation of slot machines and |
26 | table games under this part. |
27 | (c) Procedure.--For purposes of implementing this part, the |
28 | department may promulgate regulations in the same manner in |
29 | which the board is authorized as provided in section 1203 |
30 | (relating to temporary regulations) and section 1303A (relating |
|
1 | to temporary table game regulations). |
2 | * * * |
3 | § 1504. Wagering on credit. |
4 | [Slot] Except as otherwise provided in section 1326A |
5 | (relating to wagering policies), slot machine licensees may not |
6 | extend credit. Slot machine licensees who do not hold a table |
7 | game operation certificate may not accept credit cards, charge |
8 | cards or debit cards from a player for the exchange or purchase |
9 | of slot machine credits or for an advance of coins or currency |
10 | to be utilized by a player to play slot machine games or extend |
11 | credit in any manner to a player so as to enable the player to |
12 | play slot machines. Slot machine licensees who hold a table game |
13 | operation certificate may extend credit for slot machine gaming |
14 | in accordance with section 1326A (relating to wagering |
15 | policies). |
16 | § 1505. No eminent domain authority. |
17 | Neither the Commonwealth nor any political subdivision |
18 | thereof shall have the right to acquire, with or without |
19 | compensation, through the power of eminent domain any property, |
20 | easement or land use right for the siting or construction of a |
21 | licensed facility [for the operation of slot machines by a slot |
22 | machine licensee]. |
23 | Section 13.2. Title 4 is amended by adding a section to | <-- |
24 | read: |
25 | 1507.1. Deteriorated property designations. |
26 | Real property wherein a licensed gaming facility is located |
27 | may not be designated as, included in or considered a |
28 | deteriorated property as defined in the act of December 1, 1977 |
29 | (P.L.237, No.76), known as the Local Economic Revitalization Tax |
30 | Assistance Act. |
|
1 | Section 13.2 13.3. Section 1509(b) and (c) of Title 4 are | <-- |
2 | amended and the section is amended by adding subsections to |
3 | read: |
4 | § 1509. Compulsive and problem gambling program. |
5 | * * * |
6 | (b) Compulsive and Problem Gambling Treatment Fund.--There |
7 | is hereby established in the State Treasury a special fund to be |
8 | known as the Compulsive and Problem Gambling Treatment Fund. All |
9 | moneys in the fund shall be expended for programs for the |
10 | prevention and treatment of gambling addiction and other |
11 | emotional and behavioral problems associated with or related to |
12 | gambling addiction and for the administration of the compulsive |
13 | and problem gambling program. Moneys in the fund shall be |
14 | expended for the programs set forth in subsection (d.1)(4)(i), |
15 | (ii), (iii) and (iv). The fund shall consist of money annually |
16 | allocated to it from the annual payment established under |
17 | section 1408 (relating to transfers from State Gaming Fund), |
18 | money which may be allocated by the board, interest earnings on |
19 | moneys in the fund and any other contributions, payments or |
20 | deposits which may be made to the fund. |
21 | (c) Notice of availability of assistance.-- | <-- |
22 | (1) Each slot machine licensee shall obtain a toll-free |
23 | telephone number to be used to provide persons with |
24 | information on assistance for compulsive or problem gambling. |
25 | Each licensee shall conspicuously post signs similar to the |
26 | following statement: |
27 | If you or someone you know has a gambling problem, help |
28 | is available. Call (Toll-free telephone number). |
29 | The signs must be posted within 50 feet of each entrance and |
30 | exit and within 50 feet of each automated teller machine |
|
1 | location within the licensed facility. |
2 | (2) Each racetrack where slot machines or table games |
3 | are operated shall print a statement on daily racing programs |
4 | provided to the general public that is similar to the |
5 | following: |
6 | If you or someone you know has a gambling problem, help |
7 | is available. Call (Toll-free telephone number). |
8 | (3) A licensed facility which fails to post or print the |
9 | warning sign in accordance with paragraph (1) or (2) shall be |
10 | assessed a fine of $1,000 a day for each day the sign is not |
11 | posted or printed as provided in this subsection. |
12 | (c) Notice of availability of assistance.-- | <-- |
13 | (1) Each slot machine licensee shall obtain a toll-free |
14 | telephone number to be used to provide persons with |
15 | information on assistance for compulsive or problem gambling. |
16 | Each licensee shall conspicuously post signs similar to the |
17 | following statement: |
18 | If you or someone you know has a gambling problem, help |
19 | is available. Call (Toll-free telephone number). |
20 | The signs must be posted within 50 feet of each entrance |
21 | and exit [and], within 50 feet of each automated teller |
22 | machine location and a minimum of 20 signs must be posted |
23 | within the licensed facility. |
24 | (2) Each racetrack where slot machines are operated |
25 | shall print a statement on daily racing programs provided to |
26 | the general public that is similar to the following: |
27 | If you or someone you know has a gambling problem, help |
28 | is available. Call (Toll-free telephone number). |
29 | (3) A licensed facility which fails to post or print the |
30 | warning sign in accordance with paragraph (1) or (2) shall be |
|
1 | assessed a fine of $1,000 a day for each day the sign is not |
2 | posted or printed as provided in this subsection. |
3 | * * * |
4 | (d.1) Addiction treatment and assessment.-- |
5 | (1) The General Assembly recognizes that the expansion |
6 | of casino-styling gaming in this Commonwealth requires an |
7 | enhanced awareness of compulsive and problem gambling and the |
8 | need to develop and implement effective strategies for |
9 | prevention, assessment and treatment of this behavioral |
10 | disorder. The General Assembly further recognizes that, |
11 | according to research, compulsive and problem gambling may |
12 | overlap with drug and/or alcohol addiction. Therefore, it is |
13 | the intent of the General Assembly to establish an approach |
14 | to compulsive and problem gambling prevention, assessment and |
15 | treatment that will ensure the provision of adequate |
16 | resources to identify, assess and treat compulsive and |
17 | problem gambling and drug and/or alcohol addiction. |
18 | (2) The sum of $3,000,000 shall be annually transferred |
19 | from the Compulsive and Problem Gambling Treatment Fund to |
20 | the Department of Health for allocation to the single county |
21 | authorities. The moneys so transferred and allocated shall be |
22 | used by the single county authorities for compulsive and |
23 | problem gambling and associated drug and/or alcohol addiction |
24 | assessments and for the related addiction treatment in |
25 | nonhospital residential detoxification facilities, |
26 | nonhospital residential rehabilitation facilities and halfway |
27 | houses licensed by the Department of Health to provide |
28 | addiction treatment services. Financial counseling may be a |
29 | required component of treatment, whether it is provided |
30 | directly by the treatment service provider or subcontracted |
|
1 | to a third party. No moneys authorized to be transferred |
2 | under this subsection shall be utilized to supplant other |
3 | funding for the treatment of drug and/or alcohol addiction. |
4 | After one year, the board shall commission a study of the | <-- |
5 | impact of the Compulsive and Problem Gambling Treatment Fund |
6 | in areas where gambling was expanded. The commission shall |
7 | produce a report that includes data on race, gender, |
8 | geography and income and a recommendation of whether the |
9 | fund's appropriation should be increased to a sum up to |
10 | $5,000,000. |
11 | (3) Eligibility to receive treatment services for |
12 | treatment of compulsive and problem gambling, and drug and/or |
13 | alcohol addiction associated or related to compulsive and |
14 | problem gambling under paragraph (1), shall be determined |
15 | using financial eligibility and other requirements of the |
16 | single county authorities as approved by the Department of |
17 | Health. |
18 | (4) Within 60 days of the effective date of this |
19 | subsection, the Department of Health's Bureau of Drug and |
20 | Alcohol Programs and the board's Office of Compulsive and |
21 | Problem Gambling shall collaborate with providers and other |
22 | persons or entities with expertise in the field of compulsive |
23 | and problem gambling to: |
24 | (i) Develop and implement a strategic plan for the |
25 | prevention and treatment of compulsive and problem |
26 | gambling and associated behavior disorders, including |
27 | drug and/or alcohol addictions. |
28 | (ii) Adopt compulsive and problem gambling treatment |
29 | standards to be integrated with the Bureau of Drug and |
30 | Alcohol Program's uniform Statewide guidelines that |
|
1 | govern the provision of addiction treatment services. The |
2 | standards may provide criteria for the certification of |
3 | compulsive and problem gambling counselors. |
4 | (iii) Develop, in collaboration with the appropriate |
5 | State agencies, a method to link compulsive and problem |
6 | gambling data collection and referral information to |
7 | crisis response hotlines and youth and domestic violence |
8 | programs or providers. |
9 | (iv) Collaborate with the Department of Health, the |
10 | Department of Aging and other appropriate offices and |
11 | agencies of State or local government and persons and |
12 | entities, public or private, with expertise in compulsive |
13 | and problem gambling treatment to educate youth and older |
14 | Pennsylvanians through prevention training and materials |
15 | regarding the prevention, recognition and treatment of |
16 | compulsive and problem gambling problems. The Bureau of |
17 | Drug and Alcohol Programs and the board's Office of |
18 | Compulsive and Problem Gambling shall work with the |
19 | identified agencies and other agencies and entities to |
20 | develop demographic-specific compulsive and problem |
21 | gambling prevention, intervention and treatment programs. |
22 | (d.2) Report.--Beginning October 1, 2010, and every October |
23 | 1 thereafter, the Bureau of Drug and Alcohol Programs and the |
24 | board's Office of Compulsive and Problem Gambling shall jointly |
25 | submit an annual report to the Governor and the General Assembly |
26 | reporting data and progress on and activities initiated to |
27 | facilitate the development and implementation of the strategic |
28 | plan for the prevention and treatment of compulsive and problem |
29 | gambling and associated behavior disorders and addictions and |
30 | the other requirements of this section. |
|
1 | * * * |
2 | Section 13.3 13.4. Sections 1510(a), 1511(b) and 1512(a.1), | <-- |
3 | (a.5) and (b) of Title 4 are amended to read: |
4 | § 1510. Labor hiring preferences. |
5 | (a) Category 1, 2, and 3 licensed facilities, generally.-- |
6 | Each licensed gaming entity shall prepare a hiring plan for |
7 | employees of its respective licensed facility which promotes a |
8 | diverse work force, minority participation and personnel from |
9 | within the surrounding geographical area. The hiring plan shall |
10 | be approved by the board and shall be consistent with the goals |
11 | outlined in sections 1212 (relating to diversity goals of board) |
12 | and 1304A (relating to Commonwealth resident employment goals). |
13 | * * * |
14 | § 1511. Declaration of exemption from Federal laws prohibiting |
15 | slot machines. |
16 | * * * |
17 | (b) Legal shipments.--All shipments of [slot machines] |
18 | gambling devices, as defined in section 1 of the Gambling |
19 | Devices Transportation Act (64 Stat. 1134, 15 U.S.C. § 1171), |
20 | into this Commonwealth, the registering, recording and labeling |
21 | of which has been effected by the manufacturer and supplier of |
22 | those devices, in accordance with sections [5 and 7] 3 and 4 of |
23 | the Gambling Devices Transportation Act (64 Stat. 1134, 15 |
24 | U.S.C. §§ [1175 and 1177] 1173 and 1174), shall be deemed legal |
25 | shipments of [slot machines] gambling devices into this |
26 | Commonwealth. |
27 | § 1512. Financial and employment interests. |
28 | * * * |
29 | (a.1) Employment.--Except as may be provided by rule or |
30 | order of the Pennsylvania Supreme Court and except as provided |
|
1 | in section 1512.1 (relating to additional restrictions), no |
2 | executive-level public employee, public official or party |
3 | officer, or an immediate family member thereof, shall be |
4 | employed by an applicant or a slot machine licensee, |
5 | manufacturer licensee, supplier licensee or licensed racing |
6 | entity, or by any holding company, affiliate, intermediary or |
7 | subsidiary thereof, while the individual is an executive-level |
8 | public employee, public official or party officer and for one |
9 | year following termination of the individual's status as an |
10 | executive-level public employee, public official or party |
11 | officer. |
12 | * * * |
13 | (a.5) State Ethics Commission.--The State Ethics Commission |
14 | shall publish a list of all State, county, municipal and other |
15 | government positions that meet the definitions of "public |
16 | official" as defined under subsection (b) or "executive-level |
17 | public employee" [under subsection (b)] and a list of |
18 | individuals subject to section 1512.1. The Office of |
19 | Administration shall assist the [Ethics Commission] commission |
20 | in the development of the list, which shall be published in the |
21 | Pennsylvania Bulletin biennially and on the board's website. |
22 | Upon request, each public official shall have a duty to provide |
23 | the [Ethics Commission] commission with adequate information to |
24 | accurately develop and maintain the list. The [Ethics |
25 | Commission] commission may impose a civil penalty under 65 |
26 | Pa.C.S. § 1109(f) (relating to penalties) upon any individual, |
27 | including any public official or executive-level public employee |
28 | who fails to cooperate with the [Ethics Commission] commission |
29 | under this subsection. An individual who relies in good faith on |
30 | the list published by the commission shall not be subject to any |
|
1 | penalty for a violation of this section. |
2 | (b) Definitions.--As used in this section, the following |
3 | words and phrases shall have the meanings given to them in this |
4 | subsection: |
5 | ["Executive-level public employee." The term shall include |
6 | the following: |
7 | (1) Deputy Secretaries of the Commonwealth and the |
8 | Governor's Office executive staff. |
9 | (2) An employee of the Executive Branch with |
10 | discretionary power which may affect or influence the outcome |
11 | of a State agency's action or decision and who is involved in |
12 | the development of regulations or policies relating to a |
13 | licensed entity or who is involved in other matters under |
14 | this part. The term shall include an employee with law |
15 | enforcement authority. |
16 | (3) An employee of a county or municipality with |
17 | discretionary powers which may affect or influence the |
18 | outcome of the county's or municipality's action or decision |
19 | and who is involved in the development of law, regulation or |
20 | policy relating to a licensed entity or who is involved in |
21 | other matters under this part. The term shall include an |
22 | employee with law enforcement authority. |
23 | (4) An employee of a department, agency, board, |
24 | commission, authority or other governmental body not included |
25 | in paragraph (1), (2) or (3) with discretionary power which |
26 | may affect or influence the outcome of the governmental |
27 | body's action or decision and who is involved in the |
28 | development of regulation or policy relating to a licensed |
29 | entity or who is involved in other matters under this part. |
30 | The term shall include an employee with law enforcement |
|
1 | authority.] |
2 | "Financial interest." Owning or holding, or being deemed to |
3 | hold, debt or equity securities or other ownership interest or |
4 | profits interest. A financial interest shall not include any |
5 | debt or equity security, or other ownership interest or profits |
6 | interest, which is held or deemed to be held in any of the |
7 | following: |
8 | (1) A blind trust over which the executive-level public |
9 | employee, public official, party officer or immediate family |
10 | member thereof may not exercise any managerial control or |
11 | receive income during the tenure of office and the period |
12 | under subsection (a). The provisions of this paragraph shall |
13 | apply only to blind trusts established prior to the effective |
14 | date of this paragraph. |
15 | (2) Securities that are held in a pension plan, profit- |
16 | sharing plan, individual retirement account, tax-sheltered |
17 | annuity, a plan established pursuant to section 457 of the |
18 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
19 | 1 et seq.) or any successor provision deferred compensation |
20 | plan whether qualified or not qualified under the Internal |
21 | Revenue Code of 1986 or any successor provision or other |
22 | retirement plan that: |
23 | (i) is not self-directed by the individual; and |
24 | (ii) is advised by an independent investment adviser |
25 | who has sole authority to make investment decisions with |
26 | respect to contributions made by the individual to these |
27 | plans. |
28 | (3) A tuition account plan organized and operated |
29 | pursuant to section 529 of the Internal Revenue Code of 1986 |
30 | (Public Law 99-514, 26 U.S.C. § 529) that is not self- |
|
1 | directed by the individual. |
2 | (4) A mutual fund where the interest owned by the mutual |
3 | fund in a licensed entity does not constitute a controlling |
4 | interest as defined in this part. |
5 | "Immediate family." A spouse, minor child or unemancipated |
6 | child. |
7 | "Law enforcement authority." The power to conduct |
8 | investigations of or to make arrests for criminal offenses. |
9 | "Party officer." A member of a national committee; a |
10 | chairman, vice chairman, secretary, treasurer or counsel of a |
11 | State committee or member of the executive committee of a State |
12 | committee; a county chairman, vice chairman, counsel, secretary |
13 | or treasurer of a county committee in which a licensed facility |
14 | is located; or a city chairman, vice chairman, counsel, |
15 | secretary or treasurer of a city committee of a city in which a |
16 | licensed facility is located. |
17 | "Public official." The term shall include the following: |
18 | (1) The Governor, Lieutenant Governor, a member of the |
19 | Governor's cabinet, Treasurer, Auditor General and Attorney |
20 | General of the Commonwealth. |
21 | (2) A member of the Senate or House of Representatives |
22 | of the Commonwealth. |
23 | (3) An individual elected or appointed to any office of |
24 | a county or municipality that directly receives a |
25 | distribution of revenue under this part. |
26 | (4) An individual elected or appointed to a department, |
27 | agency, board, commission, authority or other governmental |
28 | body not included in paragraph (1), (2) or (3) that directly |
29 | receives a distribution of revenue under this part. |
30 | (5) An individual elected or appointed to a department, |
|
1 | agency, board, commission, authority, county, municipality or |
2 | other governmental body not included in paragraph (1), (2) or |
3 | (3) with discretionary power which may influence or affect |
4 | the outcome of an action or decision and who is involved in |
5 | the development of regulation or policy relating to a |
6 | licensed entity or who is involved in other matters under |
7 | this part. |
8 | The term does not include a member of a school board or an |
9 | individual who held an uncompensated office with a governmental |
10 | body prior to January 1, 2006, and who no longer holds the |
11 | office as of January 1, 2006. The term includes a member of an |
12 | advisory board or commission which makes recommendations |
13 | relating to a licensed facility. |
14 | Section 14. Title 4 is amended by adding a section to read: |
15 | § 1512.1. Additional restrictions. |
16 | (a) Restrictions.--An individual member of the Pennsylvania |
17 | State Police or employee of the Office of Attorney General, |
18 | Office of the Auditor General or department whose duties |
19 | substantially involve licensing or enforcement, the development |
20 | of laws, regulations or policy or who has other discretionary |
21 | authority which may affect the gaming industry in this |
22 | Commonwealth under this part shall not do any of the following: |
23 | (1) Accept employment with an applicant or licensed |
24 | entity, or an affiliate, intermediary, subsidiary or holding |
25 | company thereof, for a period of two years after the |
26 | termination of the employment relating to the conduct of |
27 | gaming. |
28 | (2) Appear before the board in any hearing or proceeding |
29 | or participate in any other activity on behalf of any |
30 | applicant, licensee, permittee or licensed entity, or an |
|
1 | affiliate, intermediary, subsidiary or holding company |
2 | thereof, for a period of two years after termination of the |
3 | employment. Nothing shall prevent a current or former trooper |
4 | or employee subject to this section from appearing in any |
5 | proceeding as a witness where the employee is being called to |
6 | testify concerning any fact or information obtained during |
7 | the course of employment or related to the performance of |
8 | duties while so employed. |
9 | (3) As a condition of employment, an individual subject |
10 | to this paragraph shall sign an affidavit that the individual |
11 | will not accept employment with or be retained by any |
12 | applicant, licensed entity or an affiliate, intermediary, |
13 | subsidiary or holding company thereof for a period of two |
14 | years from the termination of employment. |
15 | (b) Employment or retention.--An applicant or licensed |
16 | entity or an affiliate, intermediary, subsidiary or holding |
17 | company thereof shall not employ or retain an individual who |
18 | signed an affidavit required by this subsection. An applicant or |
19 | licensed entity or an affiliate, intermediary, subsidiary or |
20 | holding company that knowingly employs or retains an individual |
21 | in violation of this subsection shall be subject to a penalty |
22 | under section 1518(c) (relating to prohibited acts; penalties). |
23 | (c) Violation.--If an employee or independent contractor of |
24 | the board violates any provision of this section, the employing |
25 | agency or department may, upon notice and hearing, terminate the |
26 | employment, and the person shall be ineligible for future |
27 | employment with the agency or department and shall be prohibited |
28 | from applying for a license or permit, becoming an independent |
29 | contractor or registering as a licensed entity representative |
30 | for a period of five years from the date of termination of the |
|
1 | employment or contract. |
2 | (d) Code of conduct.--The Pennsylvania State Police, |
3 | Attorney General, Auditor General and department shall adopt a |
4 | comprehensive code of conduct which shall supplement all other |
5 | requirements under this part and 65 Pa.C.S. Pt. II (relating to |
6 | accountability), as applicable, and shall provide guidelines |
7 | applicable to members, employees and any independent contractors |
8 | of the agency, department or office whose duties involve the |
9 | enforcement or regulation of gaming under this part and the |
10 | immediate families of these members, as defined in section |
11 | 1202.1(e) (relating to code of conduct), employees and |
12 | independent contractors to enable them to avoid any perceived or |
13 | actual conflict of interest and to promote public confidence in |
14 | the integrity and impartiality of gaming enforcement and |
15 | regulation. At a minimum, the code of conduct adopted under this |
16 | section shall include the restrictions applicable to the board |
17 | under section 1202.1(c), except that the restrictions under |
18 | section 1202.1(c)(5) shall not apply to an elected Attorney |
19 | General or Auditor General. |
20 | Section 14.1. Sections 1513(c) and 1514(b), (f), (g) and (h) | <-- |
21 | of Title 4 are amended to read: |
22 | § 1513. Political influence. |
23 | * * * |
24 | (c) Penalties.--The first violation of this section by a |
25 | licensed gaming entity or any person that holds a controlling |
26 | interest in such gaming entity, or a subsidiary company thereof, |
27 | and any officer, director or management-level employee of such |
28 | licensee shall be punishable by a fine of not less than an |
29 | average single day's gross terminal revenue of the licensed |
30 | gaming entity derived from the operation of slot machines and |
|
1 | gross table game revenue from the operation of table games in |
2 | this Commonwealth; a second violation of this section, within |
3 | five years of the first violation, shall be punishable by at |
4 | least a one-day suspension of the license held by the licensed |
5 | gaming entity and a fine not less than an average two days' |
6 | gross revenue of the licensed gaming entity; a third violation |
7 | of this section within five years of the second violation shall |
8 | be punishable by the immediate revocation of the license held by |
9 | the licensed gaming entity. The first violation of this section |
10 | by a manufacturer or supplier licensed pursuant to this part or |
11 | by any person that holds a controlling interest in such |
12 | manufacturer or supplier, or a subsidiary company thereof, and |
13 | any officer, director or management-level employee of such a |
14 | licensee shall be punishable by a fine of not less than one |
15 | day's average of the gross profit from sales made by the |
16 | manufacturer or supplier in Pennsylvania during the preceding |
17 | 12-month period or portion thereof in the event the manufacturer |
18 | or supplier has not operated in Pennsylvania for 12 months; a |
19 | second violation of this section within five years of the first |
20 | violation shall be punishable by a one-month suspension of the |
21 | license held by the manufacturer or supplier and a fine of not |
22 | less than two times one day's average of the gross profit from |
23 | sales made by the manufacturer or supplier in Pennsylvania |
24 | during the preceding 12-month period or portion thereof in the |
25 | event the manufacturer or supplier has not operated in |
26 | Pennsylvania for 12 months. In no event shall the fine imposed |
27 | under this section be in an amount less than $50,000 for each |
28 | violation. In addition to any fine or sanction that may be |
29 | imposed by the board, any person who makes a contribution in |
30 | violation of this section commits a misdemeanor of the third |
|
1 | degree. |
2 | * * * |
3 | Section 14.1. Section 1513 of Title 4 is reenacted and | <-- |
4 | amended to read: |
5 | § 1513. Political influence. |
6 | (a) Contribution restriction.--The following persons shall |
7 | be prohibited from contributing any money or in-kind |
8 | contribution to a candidate for nomination or election to any |
9 | public office in this Commonwealth, or to any political party |
10 | committee or other political committee in this Commonwealth or |
11 | to any group, committee or association organized in support of a |
12 | candidate, political party committee or other political |
13 | committee in this Commonwealth: |
14 | (1) An applicant for a slot machine license, |
15 | manufacturer license, supplier license, principal license, |
16 | key employee license or horse or harness racing license. |
17 | (2) A slot machine licensee, licensed manufacturer, |
18 | licensed supplier or licensed racing entity. |
19 | (3) A licensed principal or licensed key employee of a |
20 | slot machine licensee, licensed manufacturer, licensed |
21 | supplier or licensed racing entity. |
22 | (4) An affiliate, intermediary, subsidiary or holding |
23 | company of a slot machine licensee, licensed manufacturer, |
24 | licensed supplier or licensed racing entity. |
25 | (5) A licensed principal or licensed key employee of an |
26 | affiliate, intermediary, subsidiary or holding company of a |
27 | slot machine licensee, licensed manufacturer, licensed |
28 | supplier or licensed racing entity. |
29 | (6) A person who holds a similar gaming license in |
30 | another jurisdiction and the affiliates, intermediaries, |
|
1 | subsidiaries, holding companies, principals or key employees |
2 | thereof. |
3 | (a.1) Contributions to certain associations and |
4 | organizations barred.--The individuals prohibited from making |
5 | political contributions under subsection (a) shall not make a |
6 | political contribution of money or an in-kind contribution to |
7 | any association or organization, including a nonprofit |
8 | organization, that has been solicited by, or knowing that the |
9 | contribution or a portion thereof will be contributed to, the |
10 | elected official, executive-level public employee or candidate |
11 | for nomination or election to a public office in this |
12 | Commonwealth. |
13 | (a.2) Internet website.-- |
14 | (1) The board shall establish an Internet website that |
15 | includes a list of all applicants for and holders of a slot |
16 | machine license, manufacturer license, supplier license or |
17 | racing entity license, and the affiliates, intermediaries, |
18 | subsidiaries, holding companies, principals and key employees |
19 | thereof, all persons holding a similar gaming license in |
20 | another jurisdiction, and the affiliates, intermediaries, |
21 | subsidiaries, holding companies, principals and key employees |
22 | thereof, and any other entity in which the applicant or |
23 | licensee has any debt or equity security or other ownership |
24 | or profits interest. An applicant or licensee shall notify |
25 | the board within seven days of the discovery of any change in |
26 | or addition to the information. The list shall be published |
27 | semiannually in the Pennsylvania Bulletin. |
28 | (2) An individual who acts in good faith and in reliance |
29 | on the information on the Internet website shall not be |
30 | subject to any penalties or liability imposed for a violation |
|
1 | of this section. |
2 | (3) The board shall request the information required |
3 | under paragraph (1) from persons licensed in another |
4 | jurisdiction who do not hold a license in this Commonwealth |
5 | and from regulatory agencies in the other jurisdiction. If a |
6 | licensee in another jurisdiction refuses to provide the |
7 | information required under paragraph (1), the person and its |
8 | officers, directors or persons with a controlling interest |
9 | shall be ineligible to receive any license under this part. |
10 | (b) Annual certification.--The chief executive officer, or |
11 | other appropriate individual, of each applicant for a slot |
12 | machine license, manufacturer license or supplier license, |
13 | licensed racing entity, licensed supplier, licensed manufacturer |
14 | or licensed gaming entity shall annually certify under oath to |
15 | the board and the Department of State that such applicant or |
16 | licensed racing entity, licensed supplier, licensed manufacturer |
17 | or licensed gaming entity has developed and implemented internal |
18 | safeguards and policies intended to prevent a violation of this |
19 | provision and that such applicant or licensed racing entity or |
20 | licensed gaming entity has conducted a good faith investigation |
21 | that has not revealed any violation of this provision during the |
22 | past year. |
23 | (c) Penalties.--The first violation of this section by a |
24 | licensed gaming entity or any person that holds a controlling |
25 | interest in such gaming entity, or a subsidiary company thereof, |
26 | and any officer, director or management-level employee of such |
27 | licensee shall be punishable by a fine of not less than an |
28 | average single day's gross terminal revenue of the licensed |
29 | gaming entity derived from the operation of slot machines and |
30 | gross table game revenue from the operation of table games in |
|
1 | this Commonwealth; a second violation of this section, within |
2 | five years of the first violation, shall be punishable by at |
3 | least a one-day suspension of the license held by the licensed |
4 | gaming entity and a fine not less than an average two days' |
5 | gross revenue of the licensed gaming entity; a third violation |
6 | of this section within five years of the second violation shall |
7 | be punishable by the immediate revocation of the license held by |
8 | the licensed gaming entity. The first violation of this section |
9 | by a manufacturer or supplier licensed pursuant to this part or |
10 | by any person that holds a controlling interest in such |
11 | manufacturer or supplier, or a subsidiary company thereof, and |
12 | any officer, director or management-level employee of such a |
13 | licensee shall be punishable by a fine of not less than one |
14 | day's average of the gross profit from sales made by the |
15 | manufacturer or supplier in Pennsylvania during the preceding |
16 | 12-month period or portion thereof in the event the manufacturer |
17 | or supplier has not operated in Pennsylvania for 12 months; a |
18 | second violation of this section within five years of the first |
19 | violation shall be punishable by a one-month suspension of the |
20 | license held by the manufacturer or supplier and a fine of not |
21 | less than two times one day's average of the gross profit from |
22 | sales made by the manufacturer or supplier in Pennsylvania |
23 | during the preceding 12-month period or portion thereof in the |
24 | event the manufacturer or supplier has not operated in |
25 | Pennsylvania for 12 months. In no event shall the fine imposed |
26 | under this section be in an amount less than $50,000 for each |
27 | violation. In addition to any fine or sanction that may be |
28 | imposed by the board, any person who makes a contribution in |
29 | violation of this section commits a misdemeanor of the third |
30 | degree. |
|
1 | (d) Definitions.--As used in this section, the following |
2 | words and phrases shall have the meanings given to them in this |
3 | subsection: |
4 | "Contribution." Any payment, gift, subscription, assessment, |
5 | contract, payment for services, dues, loan, forbearance, advance |
6 | or deposit of money or any valuable thing made to a candidate or |
7 | political committee for the purpose of influencing any election |
8 | in this Commonwealth or for paying debts incurred by or for a |
9 | candidate or committee before or after any election. The term |
10 | shall include the purchase of tickets for events including |
11 | dinners, luncheons, rallies and other fundraising events; the |
12 | granting of discounts or rebates not available to the general |
13 | public; or the granting of discounts or rebates by television |
14 | and radio stations and newspapers not extended on an equal basis |
15 | to all candidates for the same office; and any payments provided |
16 | for the benefit of any candidate, including payments for the |
17 | services of a person serving as an agent of a candidate or |
18 | committee by a person other than the candidate or committee or |
19 | person whose expenditures the candidate or committee must |
20 | report. The term also includes any receipt or use of anything of |
21 | value received by a political committee from another political |
22 | committee and also includes any return on investments by a |
23 | political committee. |
24 | "Political committee." Any committee, club, association or |
25 | other group of persons which receives contributions or makes |
26 | expenditures. |
27 | Section 14.2. Section 1514(b), (f), (g) and (h) of Title 4 |
28 | are amended to read: |
29 | § 1514. Regulation requiring exclusion of certain persons. |
30 | * * * |
|
1 | (b) Categories to be defined.--The board shall promulgate |
2 | definitions establishing those categories of persons who shall |
3 | be excluded pursuant to this section, including cheats and |
4 | persons whose privileges for licensure, certification, permit or |
5 | registration have been revoked. |
6 | * * * |
7 | (f) Notice.--Whenever the [board places] bureau seeks to |
8 | place the name of any person on a list pursuant to this section, |
9 | the [board] bureau shall serve notice of this fact to such |
10 | person by personal service or certified mail at the last known |
11 | address of the person. The notice shall inform the individual of |
12 | the right to request a hearing under subsection (g). |
13 | (g) Hearing.--Within 30 days after receipt of notice in |
14 | accordance with subsection (f), the person named for exclusion |
15 | or ejection may demand a hearing before the board, at which |
16 | hearing the [board] bureau shall have the affirmative obligation |
17 | to demonstrate that the person named for exclusion or ejection |
18 | satisfies the criteria for exclusion established by this section |
19 | and the board's regulations. Failure of the person to demand a |
20 | hearing within 30 days after service shall be deemed an |
21 | admission of all matters and facts alleged in the [board's] |
22 | bureau's notice and shall preclude [a] the person from having an |
23 | administrative hearing, but shall in no way affect the right to |
24 | judicial review as provided in this section. |
25 | (h) Review.--If, upon completion of a hearing on the notice |
26 | of exclusion or ejection, the board determines that placement of |
27 | the name of the person on the exclusion list is appropriate, the |
28 | board shall make and enter an order to that effect, which order |
29 | shall be served on all [slot machine licensees] licensed gaming |
30 | entities. The order shall be subject to review by the |
|
1 | Commonwealth Court in accordance with the rules of court. |
2 | Section 14.2. Title 4 is amended by adding a section to |
3 | read: |
4 | § 1516.1. Prosecutorial and adjudicatory functions. |
5 | The board shall adopt regulations and procedures necessary to |
6 | ensure that the Bureau of Investigations and Enforcement is a |
7 | distinct entity and to prevent commingling of the investigatory |
8 | and prosecutorial functions of the Bureau of Investigations and |
9 | Enforcement under section 1517 (relating to investigations and |
10 | enforcement) and the adjudicatory functions of the board. |
11 | Regulations and procedures under this section shall do all of | <-- |
12 | the following: |
13 | (1) Provide that the executive director and the chief |
14 | counsel of the board shall not direct or limit the scope of a |
15 | background investigation conducted by the bureau. |
16 | (2) Incorporate subsection (c.1), on prohibitions, of |
17 | section 1202.1(c.1) (relating to code of conduct) and any |
18 | other applicable provisions of section 1202.1. |
19 | Section 15. Section 1517(a.1)(6), (b)(1), (c)(12) and (e)(1) |
20 | of Title 4 are amended, subsection (a.2)(1) is amended by adding |
21 | a subparagraph and subsection (c) is amended by adding a | <-- |
22 | paragraph paragraphs to read: | <-- |
23 | § 1517. Investigations and enforcement. |
24 | * * * |
25 | (a.1) Powers and duties of bureau.--The Bureau of |
26 | Investigations and Enforcement shall have the following powers |
27 | and duties: |
28 | * * * |
29 | (6) Conduct [audits] reviews of a licensed entity as |
30 | necessary to ensure compliance with this part. [An audit] A |
|
1 | review may include the review of accounting, administrative |
2 | and financial records, management control systems, procedures |
3 | and other records utilized by a licensed entity. |
4 | * * * |
5 | (a.2) Office of Enforcement Counsel.-- |
6 | (1) There is established within the bureau an Office of |
7 | Enforcement Counsel which shall act as the prosecutor in all |
8 | noncriminal enforcement actions initiated by the bureau under |
9 | this part and shall have the following powers and duties: |
10 | * * * |
11 | (iv) Petition the board for the appointment of a |
12 | trustee under section 1332 (relating to appointment of |
13 | trustee). |
14 | * * * |
15 | (b) Powers and duties of department.-- |
16 | (1) The department shall at all times have the power of |
17 | access to examination and audit of any equipment and records |
18 | relating to all aspects of the operation of slot machines or |
19 | table games under this part. |
20 | * * * |
21 | (c) Powers and duties of the Pennsylvania State Police.--The |
22 | Pennsylvania State Police shall have the following powers and |
23 | duties: |
24 | * * * |
25 | (1.1) Promptly conduct a background investigation on an | <-- |
26 | individual selected by the board to fill the position of |
27 | executive director of the board, director of the bureau, |
28 | chief counsel of the board or the director of the Office of |
29 | Enforcement Counsel and submit the results to the board. |
30 | * * * |
|
1 | (12) Conduct audits or verification of information of |
2 | slot machine or table game operations at such times, under |
3 | such circumstances and to such extent as the bureau |
4 | determines. This paragraph includes reviews of accounting, |
5 | administrative and financial records and management control |
6 | systems, procedures and records utilized by a slot machine |
7 | licensee. |
8 | * * * |
9 | (14) By March 1 of each year, the Commissioner of the |
10 | Pennsylvania State Police shall submit a report to the |
11 | Appropriations Committee of the Senate, the Community, |
12 | Economic and Recreational Development Committee of the |
13 | Senate, the Appropriations Committee of the House of |
14 | Representatives and the Gaming Oversight Committee of the |
15 | House of Representatives. The report shall summarize law |
16 | enforcement activities at each licensed facility during the |
17 | previous calendar year and shall include all of the |
18 | following: |
19 | (i) The number of arrests at each licensed facility. |
20 | (ii) A list of specific offenses charged for each |
21 | offense. |
22 | (iii) The number of criminal prosecutions resulting |
23 | from arrests. |
24 | (iv) The number of convictions resulting from |
25 | prosecutions. |
26 | (v) The number of Pennsylvania State Police troopers |
27 | assigned to each licensed facility and to the gaming unit |
28 | at the Pennsylvania State Police headquarters. |
29 | (vi) The number and nature of disciplinary actions | <-- |
30 | taken and complaints made against Pennsylvania State |
|
1 | Police troopers in a licensed facility. |
2 | (vii) The closest local police station, Pennsylvania |
3 | State Police station and regional Pennsylvania State |
4 | Police headquarters to each licensed facility. |
5 | * * * |
6 | (e) Inspection, seizure and warrants.-- |
7 | (1) The bureau, the department and the Pennsylvania |
8 | State Police shall have the authority without notice and |
9 | without warrant to do all of the following in the performance |
10 | of their duties: |
11 | (i) Inspect and examine all premises where slot |
12 | machine or table game operations are conducted, gaming |
13 | devices or equipment are manufactured, sold, distributed |
14 | or serviced or where records of these activities are |
15 | prepared or maintained. |
16 | (ii) Inspect all equipment and supplies in, about, |
17 | upon or around premises referred to in subparagraph (i). |
18 | (iii) Seize, summarily remove and impound equipment |
19 | and supplies from premises referred to in subparagraph |
20 | (i) for the purposes of examination and inspection. |
21 | (iv) Inspect, examine and audit all books, records |
22 | and documents pertaining to a slot machine licensee's |
23 | operation. |
24 | (v) Seize, impound or assume physical control of any |
25 | book, record, ledger, game, device, cash box and its |
26 | contents, counting room or its equipment or slot machine |
27 | or table game operations. |
28 | * * * |
29 | Section 16. Section 1517.2 of Title 4 is amended to read: |
30 | § 1517.2. Conduct of [public officials and] board employees. |
|
1 | (a) [Ex parte discussion prohibited.--An attorney |
2 | representing the bureau or the Office of Enforcement Counsel, or |
3 | an employee of the bureau or office involved in the hearing |
4 | process, shall not discuss the case ex parte with a hearing |
5 | officer, chief counsel or member] (Reserved). |
6 | (b) [Other prohibitions.--A hearing officer, the chief |
7 | counsel or a member shall not discuss or exercise any |
8 | supervisory responsibility over any employee with respect to an |
9 | enforcement hearing with which the employee is involved] |
10 | (Reserved). |
11 | (c) Disqualification.--If it becomes necessary for the chief |
12 | counsel or member to become involved on behalf of the board in |
13 | any enforcement proceeding, the chief counsel or member shall be |
14 | prohibited from participating in the adjudication of that matter |
15 | and shall designate appropriate individuals to exercise |
16 | adjudicatory functions. |
17 | Section 16.1. Section 1518(a)(2), (3), (4), (5), (7), (8), |
18 | (11) and (13) and (c)(1)(v) and (3) of Title 4 are amended, |
19 | subsections (a) and (b) are amended by adding paragraphs and the |
20 | section is amended by adding subsections to read: |
21 | § 1518. Prohibited acts; penalties. |
22 | (a) Criminal offenses.-- |
23 | * * * |
24 | (2) It shall be unlawful for a person to willfully: |
25 | (i) fail to report, pay or truthfully account for |
26 | and pay over any license fee, authorization fee, tax or |
27 | assessment imposed under this part; or |
28 | (ii) attempt in any manner to evade or defeat any |
29 | license fee, authorization fee, tax or assessment imposed |
30 | under this part. |
|
1 | (3) It shall be unlawful for any licensed entity, gaming |
2 | employee, key employee or any other person to permit a slot |
3 | machine, table game or table game device to be operated, |
4 | transported, repaired or opened on the premises of a licensed |
5 | facility by a person other than a person licensed or |
6 | permitted by the board pursuant to this part. |
7 | (4) It shall be unlawful for any licensed entity or |
8 | other person to manufacture, supply or place slot machines, |
9 | table games or table game devices into play or display slot |
10 | machines, table games or table game devices on the premise of |
11 | a licensed facility without the authority of the board. |
12 | (5) Except as provided for in section 1326 (relating to |
13 | license renewals), it shall be unlawful for a licensed entity |
14 | or other person to manufacture, supply, operate, carry on or |
15 | expose for play any slot machine, table game or table game |
16 | device after the person's license has expired and prior to |
17 | the actual renewal of the license. |
18 | * * * |
19 | (7) (i) Except as set forth in subparagraph (ii), it |
20 | shall be unlawful for an individual to use or possess a |
21 | cheating or thieving device, counterfeit or altered |
22 | billet, ticket, token or similar objects accepted by a |
23 | slot machine or counterfeit or altered slot machine- |
24 | issued tickets or vouchers at a licensed facility. |
25 | (ii) An authorized employee of a licensee or an |
26 | employee of the board may possess and use a cheating or |
27 | thieving device, counterfeit or altered billet, ticket, |
28 | token or similar objects accepted by a slot machine or |
29 | counterfeit or altered slot machine-issued tickets or |
30 | vouchers in performance of the duties of employment. |
|
1 | [(iii) As used in this paragraph, the term "cheating |
2 | or thieving device" includes, but is not limited to, a |
3 | device to facilitate the alignment of any winning |
4 | combination or to remove from any slot machine money or |
5 | other contents. The term includes, but is not limited to, |
6 | a tool, drill, wire, coin or token attached to a string |
7 | or wire and any electronic or magnetic device.] |
8 | (7.1) It shall be unlawful for an individual to do any |
9 | of the following: |
10 | (i) Use or possess counterfeit, marked, loaded, |
11 | tampered with or altered chips or other cheating devices |
12 | in the conduct of gaming under this part, except that an |
13 | authorized employee of a licensee or an authorized |
14 | employee of the board may possess and use counterfeit |
15 | chips, cards or dice that have been marked, loaded or |
16 | tampered with, or other cheating devices in performance |
17 | of the duties of employment for training or testing |
18 | purposes only. |
19 | (ii) Knowingly, by a trick or sleight of hand |
20 | performance or by fraud or fraudulent scheme, cards, dice |
21 | or device, for themselves or for another, win or attempt |
22 | to win money or property at a licensed facility or a |
23 | representation of either or reduce or attempt to reduce a |
24 | losing wager. |
25 | (8) (i) Except as set forth in subparagraph (ii), it |
26 | shall be unlawful for an individual to knowingly possess |
27 | or use while on the premises of a licensed facility a key |
28 | or device designed for the purpose of and suitable for |
29 | opening or entering any slot machine, drop box or coin |
30 | box which is located on the premises of the licensed |
|
1 | facility. |
2 | (ii) An authorized employee of a licensee or a |
3 | member of the board may possess and use a device referred |
4 | to in subparagraph (i) in the performance of the duties |
5 | of employment. |
6 | * * * |
7 | (11) It shall be unlawful for a licensed gaming entity |
8 | that is a licensed racing entity and that has lost the |
9 | license issued to it by either the State Horse Racing |
10 | Commission or the State Harness Racing Commission under the |
11 | Race Horse Industry Reform Act or that has had that license |
12 | suspended to operate slot machines or table games at the |
13 | racetrack for which its slot machine license was issued |
14 | unless the license issued to it by either the State Horse |
15 | Racing Commission or the State Harness Racing Commission will |
16 | be subsequently reissued or reinstated within 30 days after |
17 | the loss or suspension. |
18 | * * * |
19 | (13) It shall be unlawful for any person under 18 years |
20 | of age to be permitted in the area of a licensed facility |
21 | where slot machines or table games are operated. |
22 | (14) It shall be unlawful for any key employee, boxman, |
23 | floorman or any other casino employee who serves in a |
24 | supervisory position to solicit or accept and for any other |
25 | gaming employee to solicit any tip or gratuity from any |
26 | player or patron at the licensed facility where the person is |
27 | employed. |
28 | (15) It shall be unlawful for a licensed gaming entity |
29 | to require a wager to be greater than the stated minimum or |
30 | less than the stated maximum. However, a wager made by a |
|
1 | patron and not rejected by a licensed gaming entity prior to |
2 | commencement of play shall be treated as a valid wager. A |
3 | wager accepted by a dealer shall be paid or lost in its |
4 | entirety in accordance with the rules of the game, |
5 | notwithstanding that the wager exceeded the current table |
6 | maximum wager or was lower than the current table minimum |
7 | wager. |
8 | (16) A person that engages in conduct prohibited by 18 |
9 | Pa.C.S. § 6308 in a licensed facility commits an offense. |
10 | (17) It shall be unlawful for any person to claim, |
11 | collect or take, or attempt to claim, collect or take, money |
12 | or anything of value in or from a slot machine, table game or |
13 | table game device, with intent to defraud, or to claim, |
14 | collect or take an amount greater than the amount won, or to |
15 | manipulate with the intent to cheat, any component of any |
16 | slot machine, table game or table game device in a manner |
17 | contrary to the designed and normal operational purpose. |
18 | (b) Criminal penalties and fines.-- |
19 | * * * |
20 | (3) A person that violates subsection (a)(2), (3), (4), |
21 | (5), (6), (7), (7.1), (8), (9), (10), (11), (12), (14), (15) |
22 | or (17) commits a misdemeanor of the first degree. A person |
23 | that is convicted of a second or subsequent violation of |
24 | subsection (a)(2), (3), (4), (5), (6), (7), (7.1), (8), (9), |
25 | (10), (11), (12) or (17) commits a felony of the second |
26 | degree. |
27 | (4) A person that commits an offense in violation of |
28 | subsection (a)(13) commits a summary offense and upon |
29 | conviction of a first offense shall be sentenced to pay a |
30 | fine of not less than $200 nor more than $1,000. A person |
|
1 | that is convicted of a second or subsequent offense shall be |
2 | sentenced to pay a fine of not less than $500 nor more than |
3 | $1,500. In addition to the fine imposed, any person convicted |
4 | of an offense under subsection (a)(13) may be sentenced to |
5 | perform a period of community service not to exceed 40 hours. |
6 | (5) A person that commits an offense in violation of |
7 | subsection (a)(16) commits an offense to be graded in |
8 | accordance with 18 Pa.C.S. § 6308 (relating to purchase, |
9 | consumption, possession or transportation of liquor or malt |
10 | or brewed beverages) and shall be subject to the same |
11 | penalties imposed pursuant to 18 Pa.C.S. §§ 6308 and 6310.4 |
12 | (relating to restriction of operating privileges) except that |
13 | the fine imposed for a violation of subsection (a)(16) shall |
14 | be not less than $350 nor more than $1,000. The police |
15 | department making an arrest for a suspected violation of |
16 | subsection (a)(16) shall notify the parents or guardian of |
17 | the minor charged. |
18 | (c) Board-imposed administrative sanctions.-- |
19 | (1) In addition to any other penalty authorized by law, |
20 | the board may impose without limitation the following |
21 | sanctions upon any licensee or permittee: |
22 | * * * |
23 | (v) Suspend the license of any licensed gaming |
24 | entity for violation of or attempting to violate any |
25 | provisions of this part or regulations promulgated under |
26 | this part relating to its slot machine or table game |
27 | operations. |
28 | * * * |
29 | (3) In addition to any other fines or penalties that the |
30 | board may impose under this part or regulation, if a person |
|
1 | violates subsection (a)(2), the board shall impose an |
2 | administrative penalty of three times the amount of the |
3 | license fee, authorization fee, tax or other assessment |
4 | evaded and not paid, collected or paid over. This subsection |
5 | is subject to 2 Pa.C.S. Chs. 5 Subch. A and 7 Subch. A. |
6 | (d) Aiding and abetting.--A person who aids, abets, |
7 | counsels, commands, induces, procures or causes another person |
8 | to violate a provision of this part shall be subject to all |
9 | sanctions and penalties, both civil and criminal, provided under |
10 | this part. |
11 | (e) Continuing offenses.--A violation of this part that is |
12 | determined to be an offense of a continuing nature shall be |
13 | deemed to be a separate offense on each event or day during |
14 | which the violation occurs. Nothing in this section shall be |
15 | construed to preclude the commission of multiple violations of |
16 | the provisions of this part in any one day that establish |
17 | offenses consisting of separate and distinct acts or violations |
18 | of the provisions of this part or regulations promulgated under |
19 | this part. |
20 | (f) Property subject to seizure, confiscation, destruction |
21 | or forfeiture.--Any equipment, device or apparatus, money, |
22 | material, gaming proceeds or substituted proceeds or real or |
23 | personal property used, obtained or received or any attempt to |
24 | use, obtain or receive the device, apparatus, money, material, |
25 | proceeds or real or personal property in violation of this part |
26 | shall be subject to seizure, confiscation, destruction or |
27 | forfeiture. |
28 | Section 17. Title 4 is amended by adding sections to read: |
29 | § 1518.1. Additional authority. |
30 | (a) General rule.--The chief enforcement counsel may |
|
1 | petition the Commonwealth Court for authorization to review or |
2 | obtain information in the possession of an agency in this |
3 | Commonwealth by averring that the bureau believes specific and | <-- |
4 | articulable facts demonstrating that the agency has in its |
5 | possession information material to an a pending investigation or | <-- |
6 | inquiry being conducted by the bureau pursuant to this part and |
7 | that disclosure or release is in the best interest of the |
8 | Commonwealth. The petition shall request that the court enter a |
9 | rule upon the agency to show cause why the agency should not be |
10 | directed to disclose to the bureau or identified agents thereof, |
11 | information in its possession about any pending matter under the | <-- |
12 | jurisdiction of the bureau or the board pursuant to this part. | <-- |
13 | If a respondent is a local agency, a copy of any rule issued |
14 | pursuant to this section shall be provided to the district |
15 | attorney of the county in which the local agency is located and | <-- |
16 | to the Office of Attorney General. Upon request of a local |
17 | agency, the district attorney or the Attorney General may elect | <-- |
18 | to enter an appearance to represent the local agency in the |
19 | proceedings. |
20 | (b) Procedure.--The filing of a petition pursuant to this |
21 | section and related proceedings shall be in accordance with |
22 | court rule, including issuance as of course. A party shall not |
23 | disclose the filing of a petition or answer or receipt, content | <-- |
24 | or disposition of a rule or order issued pursuant to this |
25 | section without leave of court. Any party to the proceedings may |
26 | request that the record be sealed and proceedings be closed. The |
27 | court shall grant the request if it is in the best interest of |
28 | any person or the Commonwealth to do so. |
29 | (c) Court determination.--Following review of the record, |
30 | the court shall grant the relief sought by the chief enforcement |
|
1 | counsel, if the court determines that the agency has in its |
2 | possession information material to the investigation or inquiry |
3 | and that disclosure or release of the information is in the best |
4 | interest of the Commonwealth, that the disclosure or release of | <-- |
5 | the information is not otherwise prohibited by statute or |
6 | regulation and that the disclosure or release of the information |
7 | would not inhibit an agency in the performance of the agency's |
8 | duties. If the court so determines, the court shall enter an |
9 | order authorizing and directing the information be made |
10 | available for review in camera. |
11 | (d) Release of materials or information.--If, after an in |
12 | camera review, the chief enforcement counsel seeks to obtain |
13 | copies of materials in the agency's possession, the court may, |
14 | notwithstanding any other provision of law if not otherwise | <-- |
15 | prohibited by statute or regulation, enter an order that the |
16 | requested materials be provided. Any order authorizing the |
17 | release of materials or other information shall contain |
18 | direction regarding the safekeeping and use of the materials or |
19 | other information sufficient to satisfy the court that the |
20 | materials or information will be sufficiently safeguarded. In |
21 | making this determination the court shall consider the input of |
22 | the agency concerning any pending investigation or ongoing | <-- |
23 | matter and the safety of persons and property. |
24 | (e) Modification of order.--If subsequent investigation or |
25 | inquiry by the board bureau warrants modification of any order | <-- |
26 | entered pursuant to this section, the chief enforcement counsel |
27 | may petition to request the modification. Upon such request, the |
28 | court may modify its orders at any time and in any manner it |
29 | deems necessary and appropriate. The agency named in the |
30 | original petition shall be given notice and an opportunity to be |
|
1 | heard. |
2 | (f) Use of information or materials.--Any person who, by any |
3 | means authorized by this section, has obtained knowledge of |
4 | information or materials solely pursuant to this section may use |
5 | such information or materials in a manner consistent with any |
6 | directions imposed by the court and appropriate to the proper |
7 | performance of the person's official duties under this part. |
8 | (g) Violation.--In addition to any remedies and penalties |
9 | provided in this part, any violation of the provisions of this |
10 | section may be punished as contempt of the court. |
11 | (h) Definition.--As used in this section the term "agency" |
12 | shall mean a "Commonwealth agency" or a "local agency" as those |
13 | terms are defined in section 102 of the act of February 14, |
14 | 2008, (P.L.6, No.3) known as the Right-to-Know Law. |
15 | § 1518.2. Report of suspicious transactions. |
16 | (a) Duty.--The holder of any slot machine license or a |
17 | person acting on behalf of the licensee shall file a report of |
18 | any suspicious transaction with the bureau. The filing of a |
19 | report under 31 CFR 103.21 (relating to reports by casinos of |
20 | suspicious transactions) shall satisfy this requirement. |
21 | (b) Failure to report.--A person required under this section |
22 | to file a report of a suspicious transaction who knowingly fails |
23 | to file a report of a suspicious transaction or who knowingly |
24 | causes another person having that responsibility to fail to file |
25 | a report commits a misdemeanor of the third degree and shall be |
26 | subject to the sanctions under section 1518(c) (relating to |
27 | prohibited acts; penalties). |
28 | (c) Bureau.--The bureau shall maintain a record of all |
29 | reports made under this section for a period of five years. The |
30 | bureau shall make the reports available to any Federal or State |
|
1 | law enforcement agency upon written request and without |
2 | necessity of subpoena. |
3 | (d) Notice prohibited.--A person who is required to file a |
4 | report of a suspicious transaction under this section may not |
5 | notify any person involved in the transaction that the |
6 | transaction has been reported. Any person that violates this |
7 | subsection commits a misdemeanor of the third degree. |
8 | (e) Immunity.--A person who is required to file a report of |
9 | a suspicious transaction under this section who in good faith |
10 | makes the report shall not be liable in any civil action brought |
11 | by any person for making the report, regardless of whether the |
12 | transaction is later determined to be suspicious. |
13 | (f) Sanctions.-- |
14 | (1) In considering appropriate administrative sanctions |
15 | against any person under section 1518(c) for a violation of |
16 | this section, the board shall consider all of the following: |
17 | (i) The risk to the public and to the integrity of |
18 | gaming operations created by the conduct of the person. |
19 | (ii) The seriousness of the conduct of the person |
20 | and whether the conduct was purposeful and with knowledge |
21 | that it was in contravention of the provisions of this |
22 | part or regulations promulgated under this part. |
23 | (iii) Any justification or excuse for the conduct by |
24 | the person. |
25 | (iv) The prior history of the particular licensee or |
26 | person involved with respect to gaming activity. |
27 | (v) The corrective action taken by the slot machine |
28 | licensee to prevent future misconduct of a like nature |
29 | from occurring. |
30 | (vi) In the case of a monetary penalty, the amount |
|
1 | of the penalty in relation to the severity of the |
2 | misconduct and the financial means of the licensee or |
3 | person. The board may impose any schedule or terms of |
4 | payment of such penalty as it may deem appropriate. |
5 | (2) It shall be no defense to disciplinary action before |
6 | the board that a person inadvertently, unintentionally or |
7 | unknowingly violated a provision of this section. The factors |
8 | under paragraph (1) shall only go to the degree of the |
9 | penalty to be imposed by the board and not to a finding of a |
10 | violation itself. |
11 | (g) Regulations.--The board shall promulgate regulations to |
12 | effectuate the purposes of this section. |
13 | § 1518.3. Inapplicability of Liquor Code. |
14 | The provision of section 471(c) of the act of April 12, 1951 |
15 | (P.L.90, No.21), known as the Liquor Code, shall not apply to a |
16 | person who holds a slot machine license and who holds a license |
17 | issued under section 404 or 432 of the Liquor Code. |
18 | Section 18. Section 1522 of Title 4 is amended to read: |
19 | § 1522. Interception of oral communications. |
20 | The interception and recording of oral communications made in |
21 | a [counting] count room of a licensed facility by a licensee |
22 | shall not be subject to the provisions of 18 Pa.C.S. Ch. 57 |
23 | (relating to wiretapping and electronic surveillance). Notice |
24 | that oral communications are being intercepted and recorded |
25 | shall be posted conspicuously in the [counting] count room. |
26 | Section 18.1. Title 4 is amended by adding a section to |
27 | read: |
28 | § 1523. Electronic funds transfer terminals. |
29 | (a) Prohibition.--A slot machine licensee may not install, |
30 | own or operate or allow another person to install, own or |
|
1 | operate on the premises of the licensed facility a slot machine |
2 | or table game that is played with a device that allows a player |
3 | to operate the slot machine or table game by transferring funds |
4 | electronically from a debit card, credit card or by means of an | <-- |
5 | electronic funds transfer terminal. |
6 | (b) Definitions.--As used in this section, the following |
7 | words and phrases shall have the meanings given to them in this |
8 | subsection unless the context clearly indicates otherwise: |
9 | "Electronic funds transfer terminal." An information- |
10 | processing device or an automatic teller machine used for |
11 | executing deposit account transactions between financial |
12 | institutions and their account holders by either the direct |
13 | transmission of electronic impulses or the recording of |
14 | electronic impulses for delayed processing. The fact that a |
15 | device is used for other purposes shall not prevent it from |
16 | being considered an electronic funds transfer terminal under |
17 | this definition. |
18 | Section 18.2. Title 4 is amended by adding chapters to read: |
19 | Chapter 16 |
20 | JUNKETS |
21 | Sec. |
22 | 1601. Gaming junkets authorized. |
23 | 1602. Gaming junket enterprise license. |
24 | 1603. Other licenses Classification system. | <-- |
25 | 1604. Gaming junket representatives. |
26 | 1605. Junket agreements. |
27 | 1606. Conduct of junket. |
28 | 1607. Violation of terms. |
29 | 1608. Records. |
30 | 1609. Report. |
|
1 | 1610. Gaming junket arrangement. |
2 | 1611. Prohibitions. |
3 | § 1601. Gaming junkets authorized. |
4 | The board may authorize the organization and conduct of |
5 | gaming junkets subject to the provisions of this chapter. No |
6 | gaming junket shall be organized or permitted to operate in this |
7 | Commonwealth and no person shall act as a junket representative |
8 | or junket enterprise except in accordance with this chapter. |
9 | § 1602. Gaming junket enterprise license. |
10 | (a) Gaming junket enterprise license required.--All gaming |
11 | junket enterprises shall obtain a license from the board prior |
12 | to acting as a gaming junket enterprise in this Commonwealth. |
13 | (b) Application.-–A gaming junket enterprise license |
14 | application shall be in a form prescribed by the board and shall |
15 | include the following: |
16 | (1) The name, address and photograph of the applicant |
17 | all owners, directors, managers and supervisory employees of |
18 | a gaming junket enterprise. |
19 | (2) The details of a gaming junket enterprise license or |
20 | similar license applied for or granted or denied to the |
21 | applicant by another jurisdiction. |
22 | (3) Consent for the board to conduct a background |
23 | investigation, the scope of which shall be determined by the |
24 | board. |
25 | (4) All releases necessary for the board to acquire |
26 | licensing documents and other information necessary to |
27 | conduct a background investigation or otherwise evaluate the |
28 | application. |
29 | (5) A list of all civil judgments obtained against the |
30 | applicant pertaining to a gaming junket enterprise with which |
|
1 | the applicant has been associated. |
2 | (6) A description of the operation and organization of |
3 | the gaming junket enterprise. |
4 | (7) Any additional information required by the board. |
5 | (c) Enforcement information.-–If the applicant has held a |
6 | gaming junket license or gaming junket license or other gaming |
7 | license in another jurisdiction, the applicant may submit a |
8 | letter of reference from the gaming enforcement agency in the |
9 | other jurisdiction. The letter shall specify the experiences of |
10 | the agency with the applicant, the applicant's associates and |
11 | the applicant's gaming junket enterprise or gaming activity. If |
12 | no letter is received within 30 days of the applicant's request, |
13 | the applicant may submit a statement under oath, subject to the |
14 | penalty for false swearing under 18 Pa.C.S. § 4903 (relating to |
15 | false swearing), that the applicant is in good standing with the |
16 | gaming enforcement agency in the other jurisdiction. |
17 | (d) Issuance.-–Following review of the application and |
18 | completion of the background investigation, the board may issue |
19 | a gaming junket enterprise license to the applicant if the |
20 | applicant has proven by clear and convincing evidence that the |
21 | applicant is a person of good character, honesty and integrity |
22 | and that the applicant’s activities, criminal record, |
23 | reputation, habits and associations do not pose a threat to the |
24 | public interest or suitable or legitimate operation of gaming. |
25 | (e) Failure to cooperate.-–Failure to provide required |
26 | information or releases under this section shall result in the |
27 | immediate denial of a license or permit. |
28 | (f) Nontransferability.-–A license issued under this section |
29 | shall be nontransferable. |
30 | § 1603. Other licenses. | <-- |
|
1 | An owner, director, manager or supervisory employee of a |
2 | gaming junket enterprise shall qualify for and obtain a key |
3 | employee license in accordance with section 1311.2 (relating to |
4 | licensing of key employees) or a principal employee license |
5 | under section 1311.1 (relating to licensing of principals) as |
6 | deemed appropriate by the board. |
7 | § 1603. Classification system. | <-- |
8 | The board shall develop a classification system for the |
9 | regulation of gaming junket enterprises and the individuals and |
10 | entities associated with gaming junket enterprises. |
11 | § 1604. Gaming junket representatives. |
12 | (a) Occupation permit.-–Except as otherwise provided in |
13 | subsection (e), a gaming junket representative shall obtain an |
14 | occupation permit from the board in accordance with section 1318 |
15 | (relating to occupation permit application). |
16 | (b) Application.-–In addition to the requirements of section |
17 | 1308 (relating to applications for license or permit), the |
18 | application for a gaming junket representative occupation permit |
19 | shall be in a form prescribed by the board and shall include the |
20 | following: |
21 | (1) Verification of employment status as a gaming junket |
22 | representative with a licensed gaming junket enterprise. |
23 | (2) A description of employment responsibilities. |
24 | (3) A consent form to allow the board to conduct a |
25 | background investigation, the scope of which shall be |
26 | determined by the board. |
27 | (4) A release for the board to acquire copies of |
28 | information from government agencies, employers and others as |
29 | necessary to complete the investigation. |
30 | (5) Fingerprints which shall be submitted to the |
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1 | Pennsylvania State Police. |
2 | (6) A photograph that meets the standards of the |
3 | Commonwealth Photo Imaging Network. |
4 | (7) Details relating to a similar license, permit or |
5 | other authorization obtained in another jurisdiction, if any. |
6 | (8) Any additional information required by the board. |
7 | (c) Issuance.-–Following review of the application and |
8 | background investigation, the board may issue an occupation |
9 | permit if the applicant has proven by clear and convincing |
10 | evidence that the applicant is a person of good character, |
11 | honesty and integrity and is eligible and suitable to receive an |
12 | occupation permit. |
13 | (d) Nontransferability.-–An occupation permit issued under |
14 | this section shall be nontransferable. |
15 | (e) Holder of occupation permit.–-Nothing in this section |
16 | shall be construed to prohibit a gaming junket representative an | <-- |
17 | individual who holds a valid occupation permit and who is |
18 | employed by a slot machine licensee or an applicant for a slot | <-- |
19 | machine license from acting as a gaming junket representative. A | <-- |
20 | gaming junket representative need not be a resident of this |
21 | Commonwealth. |
22 | § 1605. Junket agreements. |
23 | Agreements entered into between a slot machine licensee and a |
24 | gaming junket enterprise or a gaming junket representative shall |
25 | include a provision for the termination of the agreement without |
26 | liability on the part of the slot machine licensee if: |
27 | (1) The board orders the suspension, limitation, |
28 | conditioning, denial or revocation of the license of a gaming |
29 | junket representative license or occupation permit of a |
30 | gaming junket representative. |
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1 | (2) The board finds that the agreement is not approved |
2 | or that it is terminated. Failure to expressly include the |
3 | termination requirement under this section in the agreement |
4 | shall not constitute a defense in an action brought relating |
5 | to the termination of the agreement. |
6 | § 1606. Conduct of junket. |
7 | A slot machine licensee shall be responsible for the conduct |
8 | of a gaming junket representative or gaming junket enterprise |
9 | with which the slot machine licensee has an agreement and for |
10 | the terms and conditions of a gaming junket on its premises. |
11 | § 1607. Violation of terms. |
12 | Notwithstanding any other provision of this part, if the |
13 | board determines that the terms of an agreement to conduct a |
14 | gaming junket were violated by a slot machine licensee, gaming |
15 | junket enterprise or gaming junket representative, the board may |
16 | do the following: |
17 | (1) Order restitution to gaming junket patrons. |
18 | (2) Assess civil penalties for a violation or deviation |
19 | from the terms of the junket agreement. |
20 | § 1608. Records. |
21 | The board shall prescribe procedures and forms to retain |
22 | records relating to the conduct of a gaming junket by a slot |
23 | machine licensee. A slot machine licensee shall: |
24 | (1) Maintain a report describing the operation of a |
25 | gaming junket conducted at its licensed facility. |
26 | (2) Submit to the board and the bureau a list of all its |
27 | employees who act as conduct business on behalf of the slot | <-- |
28 | machine licensee with gaming junket representatives on a |
29 | full-time, part-time or temporary basis. |
30 | (3) Maintain records of all agreements entered into with |
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1 | a gaming junket enterprise or gaming junket representative |
2 | for a minimum of five years. |
3 | (4) Provide any other information relating to a gaming |
4 | junket required by the board or bureau. |
5 | § 1609. Report. |
6 | A slot machine licensee, gaming junket representative or |
7 | gaming junket enterprise shall file a report with the bureau to |
8 | include a list of gaming junket patrons or potential gaming |
9 | junket patrons purchased by the slot machine licensee, gaming |
10 | junket representative or gaming junket enterprise. The report |
11 | shall include the source of the list and zip codes of patrons or |
12 | potential patrons on a list purchased directly or indirectly by |
13 | a slot machine licensee, gaming junket representative or gaming |
14 | junket enterprise. Nothing in this section shall require the |
15 | reporting or maintenance of personal identifying information |
16 | pertaining to patron or potential patrons. |
17 | § 1610. Gaming junket arrangement. |
18 | Upon petition by a slot machine licensee, the board may grant |
19 | an exemption from the requirements of this part to a gaming |
20 | junket representative. The board shall consult with the bureau |
21 | prior to granting an exemption under this section and shall |
22 | consider the following: |
23 | (1) The terms of the gaming junket arrangement. |
24 | (2) The number and scope of gaming junkets. |
25 | (3) Whether the exemption is consistent with the |
26 | policies and purposes of this part. |
27 | (4) Any other factor deemed necessary by the bureau or |
28 | board. |
29 | The board may condition, limit or restrict the exemption. |
30 | § 1611. Prohibitions. |
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1 | A gaming junket enterprise or gaming junket representative |
2 | shall not do any of the following: |
3 | (1) Engage in efforts to collect on checks that have |
4 | been returned by a bank or other financial institution |
5 | without payment. |
6 | (2) Exercise approval authority over the authorization |
7 | or issuance of credit under section 1326A (relating to |
8 | wagering policies). |
9 | (3) Receive or retain a fee from a patron for the |
10 | privilege of participating in a gaming junket. |
11 | (4) Pay for any service, including transportation, or |
12 | other thing of value provided to a patron participating in a |
13 | gaming junket except as authorized by this part. |
14 | CHAPTER 17 |
15 | GAMING SCHOOLS |
16 | Sec. |
17 | 1701. Curriculum. |
18 | 1702. Gaming school gaming equipment. |
19 | § 1701. Curriculum. |
20 | The Department of Education, in consultation with the board, |
21 | shall develop curriculum guidelines, including minimum |
22 | proficiency requirements established by the board, for gaming |
23 | school instruction. The guidelines shall, at a minimum, |
24 | establish courses of instruction that will provide individuals |
25 | with adequate training necessary to obtain employment as a |
26 | gaming employee with a licensed gaming entity. |
27 | § 1702. Gaming school gaming equipment. |
28 | (a) Use of gaming equipment.--All gaming equipment utilized |
29 | by a gaming school, including table game devices and all |
30 | representations of value, shall be used for training, |
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1 | instructional and practice purposes only. The use of any such |
2 | gaming equipment for actual gaming by any person is prohibited. |
3 | (b) Chips.--Unless the board otherwise determines, all |
4 | gaming chips and other representations of value utilized by a |
5 | gaming school shall be distinctly dissimilar to any gaming chips |
6 | and representations of value utilized by a slot machine |
7 | licensee. |
8 | (c) Possession, removal and transport of equipment.--No |
9 | gaming school shall possess, remove or transport, or cause to be |
10 | removed or transported, any slot machine, table game device or |
11 | associated equipment except in accordance with this part. |
12 | (d) Serial numbers.--Each slot machine, table game device |
13 | and associated equipment on the premises of a gaming school |
14 | shall have permanently affixed on it a serial number which, |
15 | together with the location of the machine or table game device, |
16 | shall be filed with the board. |
17 | (e) Security.--Each gaming school shall provide adequate |
18 | security for the slot machines, table games, table game devices |
19 | and associated equipment on the gaming school premises. |
20 | (f) Notice to board and bureau.--No gaming school shall sell |
21 | or transfer any slot machine, table game, table game device or |
22 | associated equipment except upon prior written notice to the |
23 | board and the bureau and the removal of all serial numbers |
24 | required by this section. |
25 | (g) Additional training.--Each gaming employee attending | <-- |
26 | gaming school shall be trained in cardiopulmonary resuscitation. |
27 | Section 19. No later than 90 days after the effective date |
28 | of this act, the Pennsylvania Gaming Control Board shall |
29 | transfer the sum of $12,500,000 from the amounts previously |
30 | appropriated to the Pennsylvania Gaming Control Board pursuant |
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1 | to 4 Pa.C.S. § 1408 to the General Fund. |
2 | Section 20. The amendment of 4 Pa.C.S. § 1213 shall not |
3 | apply to any of the following: |
4 | (1) An application submitted before the effective date |
5 | of this section. |
6 | (2) Any license or permit issued prior to the effective |
7 | date of this section. |
8 | (3) The renewal of any license or permit issued prior to |
9 | the effective date of this section. |
10 | Section 20.1. The amendment of 4 Pa.C.S. § 1202(a)(2) and | <-- |
11 | the addition of 4 Pa.C.S. § 1517(c)(1.1) shall not apply to an |
12 | individual: |
13 | (1) who, on July 1, 2009, was serving officially or |
14 | acting as Executive Director of the Pennsylvania Gaming |
15 | Control Board, Chief Counsel of the board, or the Director of |
16 | the Office Of Enforcement Counsel within the Bureau of |
17 | Investigations and Enforcement and; |
18 | (2) on whom the bureau or the Pennsylvania State Police |
19 | completed a background investigation as a condition of |
20 | employment with the board. |
21 | Section 21. This act shall take effect immediately. |
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