H0782B1553A01032 BIL:EJH 04/26/17 #90 A01032
AMENDMENTS TO HOUSE BILL NO. 782
Sponsor: REPRESENTATIVE NESBIT
Printer's No. 1553
Amend Bill, page 2, lines 2 through 25, by striking out all
of said lines and inserting
"Gaming-related restricted area." Any room or area of a
licensed facility and which is specifically designated by the
Pennsylvania Gaming Control Board as restricted or by the slot
machine licensee as restricted in its board-approved internal
controls.
* * *
"Gaming service provider." A person that is not required to
be licensed as a manufacturer, supplier, management company or
gaming junket enterprise under this part or under regulations of
the Pennsylvania Gaming Control Board and:
(1) provides goods or services to a slot machine
licensee or an applicant for a slot machine license for use
in the operation of a licensed facility; [or] and
(2) provides goods or services [at] to a slot machine
licensee or an applicant for a slot machine license that
requires access to the gaming floor or a gaming-related
restricted area of a licensed facility as determined by the
Pennsylvania Gaming Control Board.
* * *
"Nongaming service provider." A person that is not a gaming
service provider or required to be licensed as a manufacturer,
supplier, management company or gaming junket enterprise under
this part or under regulations of the Pennsylvania Gaming
Control Board and that provides goods or services:
(1) to a slot machine licensee or applicant for a slot
machine license for use in the operation of a licensed
facility; and
(2) that does not require access to the gaming floor or
a gaming-related restricted area of a licensed facility.
* * *
Amend Bill, page 3, lines 27 through 30; pages 4 through 8,
lines 1 through 30; page 9, line 1; by striking out all of said
lines on said pages and inserting
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ยง 1317.3. Nongaming service provider.
(a) Notification required.--
(1) A slot machine licensee or applicant for a slot
machine license that contracts with or otherwise engages in
business with a nongaming service provider shall provide
notification to the board prior to:
(i) the nongaming service provider's provision of
goods or services at the slot machine licensee's licensed
facility; or
(ii) the provision of goods or services for use in
the operation of the slot machine licensee's licensed
facility.
(2) Notification under this section shall be on a form
and in a manner as determined by the board. The board may
impose a fee, not to exceed $100, which must accompany the
notification.
(b) Contents of notification.--Notification under this
section shall include:
(1) The name and business address of the nongaming
service provider.
(2) A description of the type or nature of the goods or
services to be provided.
(3) An affirmation from the slot machine licensee or
applicant for a slot machine license that the goods or
services to be provided by the nongaming service provider
will not require access to the gaming floor or a gaming-
related restricted area of a licensed facility.
(4) An affirmation from the slot machine licensee or
applicant for a slot machine license certifying that the
licensee or applicant has performed due diligence regarding
the nongaming service provider and believes that the
nongaming service provider and its employees will not
adversely affect the public interest or integrity of gaming.
(5) Any other information that the board may require.
(c) Duration of notification.--The nongaming service
provider notification required under subsection (a) may be valid
for three years unless modified by the board. In determining the
duration of a nongaming service provider notification, the board
shall consider the following:
(1) The type or nature of the goods or services.
(2) The frequency of business transactions related to
the provision of such goods or services.
(3) Any other information the board deems necessary and
appropriate.
(d) Conditions.--A slot machine licensee or applicant for a
slot machine license that contracts or otherwise engages in
business with a nongaming service provider shall be subject to
the following conditions:
(1) The nongaming service provider or its employees
shall only provide the goods and services described in the
notification under this section.
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(2) The slot machine licensee or applicant for a slot
machine license shall notify the board of any material change
in the information provided in the notification under this
section. No fee shall be required for a subsequent change
during the time for which the notification remains valid
under subsection (c).
(3) The slot machine licensee or applicant for a slot
machine license shall ensure that employees of the nongaming
service provider do not enter the gaming floor or a gaming-
related restricted area of the licensed facility.
(4) The slot machine licensee or applicant for a slot
machine license shall report to the board an employee of a
nongaming service provider that does any of the following:
(i) Enters the gaming floor or a gaming-related
restricted area of the licensed facility.
(ii) Commits an act that adversely affects the
public interest or integrity of gaming.
(5) The board may prohibit a nongaming service provider
and any of the nongaming service provider's employees from
providing goods or services to a slot machine licensee or
applicant for a slot machine license at a licensed facility
if the board determines the prohibition is necessary to
protect the public interest or integrity of gaming.
(e) Authority to exempt.--The board may exempt a nongaming
service provider from the notification requirements of this
section if the board determines any of the following:
(1) The nongaming service provider or the type or nature
of the nongaming service provider's business is regulated by
an agency of the Federal Government, an agency of the
Commonwealth or the Pennsylvania Supreme Court.
(2) Notification is not necessary to protect the public
interest or integrity of gaming.
(f) (Reserved).
(g) Additional authority of board.--If, upon examination of
the provided notification, the bureau determines that the
registration or certification of a nongaming service provider is
necessary to protect the integrity of gaming, the bureau may
require the nongaming service provider to file an application
for registration or certification and be authorized by the board
prior to providing services at a licensed facility.
(h) Emergency notification.--
(1) A slot machine licensee may use a nongaming service
provider prior to the board receiving notification under this
section when a threat to public health, welfare or safety
exists or circumstances outside the control of the slot
machine licensee require immediate action to mitigate damage
or loss to the slot machine licensee's licensed facility or
to the Commonwealth.
(2) A slot machine licensee that uses a nongaming
service provider in accordance with paragraph (1) shall:
(i) Notify the board immediately upon engaging a
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nongaming service provider for which the board has not
previously received notification in accordance with
subsection (a).
(ii) Provide the notification required under
subsection (a) within a reasonable time as established by
the board.
(i) Nongaming service provider list.--
(1) The board shall have the authority to prohibit a
nongaming service provider from engaging in business with a
slot machine licensee upon a finding by the board that the
prohibition is necessary to protect the public interest and
the integrity of gaming.
(2) The board shall develop and maintain a list of
prohibited nongaming service providers.
(3) A slot machine licensee or applicant for a slot
machine license may not enter into an agreement or engage in
business with a nongaming service provider appearing on the
list under this subsection.
(j) Duties of nongaming service provider.--A nongaming
service provider shall:
(1) Cooperate with the board and bureau regarding an
investigation, hearing, enforcement action or disciplinary
action.
(2) Comply with each condition, restriction,
requirement, order or ruling of the board in accordance with
this part.
(3) Report any change in circumstances to the slot
machine licensee or applicant for a slot machine license that
may render the nongaming service provider ineligible,
unqualified or unsuitable for the provision of goods or
services at a licensed facility or use in the operation of a
licensed facility. The slot machine licensee shall report any
such change in circumstances to the board in such form and
manner as the board may establish.
(k) Construction.--Nothing in this section shall be
construed to limit the powers and authority of the board under
section 1202 (relating to general and specific powers) or the
regulatory authority of the board under section 1207 (relating
to regulatory authority of board).
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See A01032 in
the context
of HB0782