S0711B1460A04145     DMS:CDM  10/03/09     #90        A04145

AMENDMENTS TO SENATE BILL NO. 711

Sponsor: REPRESENTATIVE SCHRODER

Printer's No. 1460

1

Amend Bill, page 2, line 45, by striking out "and"

2

Amend Bill, page 2, line 46, by inserting after "schools"

3

; and further providing for exclusive jurisdiction of

4

Supreme Court

5

Amend Bill, page 87, line 9, by striking out "amended to

6

read" and inserting

7

 repealed

8

Amend Bill, page 87, lines 10 through 25, by striking out all

9

of said lines and inserting

10

[§ 1204.  Licensed gaming entity application appeals from board.

11

The Supreme Court of Pennsylvania shall be vested with

12

exclusive appellate jurisdiction to consider appeals of any

13

final order, determination or decision of the board involving

14

the approval, issuance, denial or conditioning of a slot machine

15

license. Notwithstanding the provisions of 2 Pa.C.S. Ch. 7

16

Subch. A (relating to judicial review of Commonwealth agency

17

action) and 42 Pa.C.S. § 763 (relating to direct appeals from

18

government agencies), the Supreme Court shall affirm all final

19

orders, determinations or decisions of the board involving the

20

approval, issuance, denial or conditioning of a slot machine

21

license unless it shall find that the board committed an error

22

of law or that the order, determination or decision of the board

23

was arbitrary and there was a capricious disregard of the

24

evidence.]

25

Amend Bill, page 217, by inserting between lines 4 and 5

26

Section 19.  Section 1904 of Title 4 is repealed:

27

[§ 1904.  Exclusive jurisdiction of Supreme Court.

28

The Pennsylvania Supreme Court shall have exclusive

29

jurisdiction to hear any challenge to or to render a declaratory

30

judgment concerning the constitutionality of this part. The

31

Supreme Court is authorized to take such action as it deems

32

appropriate, consistent with the Supreme Court retaining

1

jurisdiction over such a matter, to find facts or to expedite a

2

final judgment in connection with such a challenge or request

3

for declaratory relief.]

4

Amend Bill, page 217, line 5, by striking out "19" and

5

inserting

6

 20

7

Amend Bill, page 217, line 10, by striking out "20" and

8

inserting

9

 21

10

Amend Bill, page 217, line 18, by striking out "21" and

11

inserting

12

 22