PRINTER'S NO. 2441
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1797
Session of
2017
INTRODUCED BY KORTZ, MATZIE, KULIK, MILLARD, McNEILL, DeLUCA,
NEILSON AND THOMAS, SEPTEMBER 19, 2017
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, SEPTEMBER 19, 2017
AN ACT
Amending Title 4 (Amusements) of the Pennsylvania Consolidated
Statutes, in Pennsylvania Gaming Control Board, further
providing for general and specific powers, for licensed
gaming entity application appeals from board, for board
minutes and records and for regulatory authority of board;
providing for slot machines in qualified airports; in
revenues, further providing for establishment of State Gaming
Fund and net slot machine revenue distribution, for
Pennsylvania Race Horse Development Fund and for Pennsylvania
Gaming Economic Development and Tourism Fund; and, in
administration and enforcement, further providing for
responsibility and authority of the Department of Revenue,
for financial and employment interests, for investigations
and enforcement and for prohibited acts and penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 1202(a)(1) and (b)(23), 1204 and 1206(f)
(1) introductory paragraph and (ii) of Title 4 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 1202. General and specific powers.
(a) General powers.--
(1) The board shall have general and sole regulatory
authority over the conduct of gaming [or] and related
activities as described in this part. The board shall ensure
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the integrity of the acquisition and operation of slot
machines, table games, table game devices and associated
equipment and shall have sole regulatory authority over every
aspect of the authorization, operation and play of slot
machines [and], including the operation of table games and
the implementation and regulation of airport gaming.
* * *
(b) Specific powers.--The board shall have the specific
power and duty:
* * *
(23) The board shall not approve an application for or
issue or renew a license, certificate, registration or permit
unless it is satisfied that the applicant has demonstrated by
clear and convincing evidence that the applicant is a person
of good character, honesty and integrity and is a person
whose prior activities, criminal record, if any, reputation,
habits and associations do not pose a threat to the public
interest or the effective regulation and control of slot
machine [or], including the operation of slot machines at
qualified airports, table game operations or create or
enhance the danger of unsuitable, unfair or illegal
practices, methods and activities in the conduct of slot
machine or table game operations or the carrying on of the
business and financial arrangements incidental thereto.
* * *
§ 1204. Licensed gaming entity application appeals from board.
The Supreme Court of Pennsylvania shall be vested with
exclusive appellate jurisdiction to consider appeals of any
final order, determination or decision of the board involving
the approval, issuance, denial or conditioning of a slot machine
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license [or], the award, denial or conditioning of a table game
operation certificate[.] or the award, denial or conditioning of
an airport gaming operation certificate. Notwithstanding the
provisions of 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial
review of Commonwealth agency action) and 42 Pa.C.S. § 763
(relating to direct appeals from government agencies), the
Supreme Court shall affirm all final orders, determinations or
decisions of the board involving the approval, issuance, denial
or conditioning of a slot machine license [or], the award,
denial or conditioning of a table game operation certificate or
the award, denial or conditioning of an airport gaming operation
certificate, unless it shall find that the board committed an
error of law or that the order, determination or decision of the
board was arbitrary and there was a capricious disregard of the
evidence.
§ 1206. Board minutes and records.
* * *
(f) Confidentiality of information.--
(1) The following information submitted by an applicant,
permittee, certificate holder or licensee pursuant to section
1310(a) (relating to slot machine license application
character requirements) [or], 1308(a.1) (relating to
applications for license or permit) or 13E12 (relating to
application) or obtained by the board or the bureau as part
of a background or other investigation from any source shall
be confidential and withheld from public disclosure:
* * *
(ii) Nonpublic personal information, including home
addresses, telephone numbers and other personal contact
information, Social Security numbers, educational
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records, memberships, medical records, tax returns and
declarations, actual or proposed compensation, financial
account records, creditworthiness or financial condition
relating to an applicant, licensee [or], permittee,
including the holder of an airport gaming operation
certificate, or the immediate family thereof.
* * *
Section 2. Section 1207 of Title 4 is amended by adding a
paragraph to read:
§ 1207. Regulatory authority of board.
The board shall have the power and its duties shall be to:
* * *
(22) License, regulate, investigate and take any other
action determined necessary regarding all aspects of the
operation of slot machines at qualified airports.
Section 3. Title 4 is amended by adding chapters to read:
CHAPTER 13B
(RESERVED)
CHAPTER 13C
(RESERVED)
CHAPTER 13D
(RESERVED)
CHAPTER 13E
SLOT MACHINES IN QUALIFIED AIRPORTS
Subchapter
A. Preliminary Provisions
B. Airport Gaming Authorized
C. Conduct of Airport Gaming
D. Airport Gaming Fees and Taxes
E. Miscellaneous Provisions
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SUBCHAPTER A
PRELIMINARY PROVISIONS
Sec.
13E01. Definitions.
§ 13E01. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Airport authority." The governing body of a municipal
authority organized and incorporated in accordance with 53
Pa.C.S. Ch. 56 (relating to municipal authorities) to oversee
the operations of a qualified airport. The term shall include
the governing body of any joint municipal authority which
operates a qualified airport and the governing body of a city of
the first class which owns and operates a qualified airport
located in a county of the first class.
"Airport gaming." The licensed placement, operation and play
of slot machines in a qualified airport as authorized and
approved by the board.
"Airport gaming certificate holder." The authorization
issued under this chapter to conduct airport gaming.
"Airport gaming operation certificate." A certificate issued
by the board under this chapter that authorizes a slot machine
licensee to conduct airport gaming in accordance with this
chapter.
"Airport gaming revenue." The daily gross terminal revenue
derived from the conduct of airport gaming.
"Applicant." A slot machine licensee.
"Qualified airport." A publicly owned commercial service
airport that is designated by the Federal Government as an
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international airport.
"Specified area." The secure area of a qualified airport
where slot machines are placed and made available to play and
members of the public, other than passengers, are prohibited
from entering.
SUBCHAPTER B
AIRPORT GAMING AUTHORIZED
Sec.
13E11. Authorization.
13E12. Application.
13E13. Standard for review of applications.
13E14. Approval of application.
13E15. Airport gaming operation certificate.
13E16. Timing of initial airport gaming authorizations.
§ 13E11. Authorization.
(a) General rule.--Upon application of a slot machine
licensee, the board may authorize the slot machine licensee to
conduct airport gaming. A slot machine licensee seeking
authorization to conduct airport gaming must enter into an
agreement with the governing body of a qualified airport and
submit the agreement to the board for approval. No person shall
cause or make slot machines available for play at a qualified
airport without first obtaining an airport gaming operation
certificate in accordance with the provisions of this chapter.
(b) Conditions.--Authorization shall be contingent upon the
slot machine licensee's agreement to ensure that slot machine
operations will be conducted in accordance with this part and
any other conditions established by the board. The agreement
shall specify the fees to be paid to the qualified airport by
the slot machine licensee for the privilege of conducting
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airport gaming. Nothing in this part shall be construed to
create a separate license governing the conduct of airport
gaming by slot machine licensees within this Commonwealth.
(c) Number of slot machines.--The board shall approve the
maximum number of slot machines that a slot machine licensee may
operate at a qualified airport. The board, in making its
determination, shall consider the physical space where the slot
machines will be located and the convenience of passengers. The
board may also consider the potential employment, enhanced
revenues to the Commonwealth and other economic indicators it
deems applicable in making its decision.
§ 13E12. Application.
(a) Information to be provided.--An applicant seeking
authorization to conduct airport gaming shall provide the
following information to the board:
(1) The name, business address and contact information
of the applicant, and the name, business address and contact
information of the airport authority and the location of the
qualified airport.
(2) The name and business address, job title and a
photograph of each principal and key employee of the
applicant who will be involved in the conduct of airport
gaming and who is not currently licensed by the board, if
known.
(3) The number of slot machines for which authorization
is being sought.
(4) The estimated number of full-time and part-time
employment positions that will be created at the qualified
airport if the slot machine licensee is authorized to operate
slot machines under this chapter and an updated hiring plan
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under section 1510(a) (relating to labor hiring preferences)
which outlines the applicant's plan to promote the employment
representation of diverse groups and Commonwealth residents.
(5) The details of any financing obtained or that will
be obtained to fund an expansion or modification of the
qualified airport to accommodate the conduct of airport
gaming and to otherwise fund the cost of commencing airport
gaming operations.
(6) Information and documentation concerning financial
background and resources, as the board may require, to
establish by clear and convincing evidence the financial
stability, integrity and responsibility of the applicant.
(7) Information and documentation, as the board may
require, to establish by clear and convincing evidence that
the applicant has sufficient business ability and experience
to conduct airport gaming. In making this determination, the
board may consider the results of the applicant's slot
machine operation, including financial information,
employment data and capital investment.
(8) Information and documentation, as the board may
require, to establish by clear and convincing evidence that
the applicant has or will have the financial ability to pay
the required fee under section 13E51 (relating to fees).
(9) Detailed site plans identifying the applicant's
proposed specified area.
(10) A copy of the agreement entered into by the slot
machine licensee and the qualified airport. The agreement
shall identify the members of the governing board of the
airport authority and all employees of the airport authority
who, directly or indirectly, regulate the use and control of
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the qualified airport and who will oversee airport gaming at
the qualified airport.
(11) Other information as the board may require.
(b) Confidentiality.--Information submitted to the board
under subsection (a)(6), (7), (8), (9) and (10) may be
considered confidential by the board if the information would be
confidential under section 1206(f) (relating to board minutes
and records).
§ 13E13. Standard for review of applications.
The board shall approve an application if the applicant
establishes, by clear and convincing evidence, all of the
following:
(1) The applicant's slot machine license is in good
standing with the board, and the applicant has an agreement
with the airport authority authorizing the placement of slot
machines at the qualified airport.
(2) The applicant possesses adequate funds or has
secured adequate financing to:
(i) Fund any necessary expansion or modification of
the qualified airport to accommodate the conduct of
airport gaming if required in the agreement with the
governing body of the airport authority.
(ii) Pay the required fee in accordance with section
13E51 (relating to fees).
(iii) Commence airport gaming operations at the
qualified airport.
(3) The applicant has the financial stability, integrity
and responsibility to conduct airport gaming.
(4) The applicant has sufficient business ability and
experience to create and maintain airport gaming.
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(5) The applicant's proposed internal and external
security and proposed surveillance measures within the
specified area where the applicant seeks to conduct airport
gaming are adequate.
(6) The applicant agrees that the number of slot
machines in operation at its licensed facility will not be
permanently reduced in order to conduct airport gaming.
§ 13E14. Approval of application.
Upon approval of an application, the board shall issue an
airport gaming operation certificate to the applicant. Issuing
an airport gaming operation certificate prior to the payment in
full of the fee required by section 13E51 (relating to fees)
shall not relieve the applicant from complying with the
provisions of section 13E51.
§ 13E15. Airport gaming operation certificate.
The following shall apply:
(1) An airport gaming operation certificate shall be in
effect unless:
(i) Suspended or revoked by the board consistent
with the requirements of this part.
(ii) The slot machine license held by the airport
gaming certificate holder is suspended, revoked or not
renewed by the board consistent with the requirements of
this part.
(iii) The airport gaming certificate holder
relinquishes or does not seek renewal of its slot machine
license.
(iv) The agreement between the airport gaming
certificate holder and the governing body of the
authority is not renewed.
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(2) The airport gaming operation certificate shall
include the maximum number of slot machines approved by the
board and permitted in the specified area. The airport gaming
certificate holder may increase or decrease the number of
slot machines permitted in the specified area or change the
configuration of the slot machines upon notice to and
approval by the board. Unless approved by the board, the
total number of slot machines in operation in the specified
area may not exceed the number authorized in the airport
gaming operation certificate.
(3) An airport gaming certificate holder shall be
required to update the information in its initial airport
gaming application at times prescribed by the board.
§ 13E16. Timing of initial airport gaming authorizations.
The board shall approve or deny an application within 180
days following receipt of the completed application.
SUBCHAPTER C
CONDUCT OF AIRPORT GAMING
Sec.
13E31. Authorized locations for operation.
13E32. Commencement of airport gaming operations.
13E33. Condition of continued operation.
13E34. Airport gaming accounting controls and audit protocols.
13E35. Cash equivalents.
13E36. Occupation permits.
§ 13E31. Authorized locations for operation.
(a) Restriction.--An airport gaming certificate holder shall
only be permitted to operate slot machines in the specified area
authorized by the board.
(b) Powers and duties of board.--No airport gaming
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certificate holder may be approved to operate slot machines
unless the specified area is equipped with adequate security and
surveillance equipment to ensure the integrity of the conduct of
airport gaming. An authorization granted under this section may
not impose any criteria or requirements regarding the contents
or structure of a qualified airport which are unrelated to the
conduct of airport gaming.
§ 13E32. Commencement of airport gaming operations.
An airport gaming certificate holder may not operate or offer
slot machines for play at a qualified airport until the board
determines that:
(1) The airport gaming certificate holder is in
compliance with the requirements of this part.
(2) The airport gaming certificate holder's internal
controls and audit protocols are sufficient to meet the
requirements of section 13E34 (relating to airport gaming
accounting controls and audit protocols).
(3) The airport gaming certificate holder's gaming
employees, where applicable, are licensed, permitted or
otherwise authorized by the board to perform their respective
duties.
(4) The airport gaming certificate holder is prepared in
all respects to offer slot machine play to eligible
passengers at the qualified airport.
(5) The airport gaming certificate holder has
implemented necessary internal and management controls and
security arrangements and surveillance systems for the
conduct of airport gaming.
(6) The airport gaming certificate holder is in
compliance with or has complied with section 13E51 (relating
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to fees).
(7) All slot machines certified and approved for use
under this chapter have been approved by the board and are
compatible with the central control computer and protocol
specifications approved by the department.
(8) The airport gaming certificate holder has
implemented or will implement the necessary procedures and
safeguards to ensure that no individual under 21 years of age
will be permitted to enter the specified area of the
qualified airport.
§ 13E33. Condition of continued operation.
As a condition of continued operation, an airport gaming
certificate holder shall maintain all books, records and
documents pertaining to airport gaming in a manner and location
within this Commonwealth as approved by the board. All books,
records and documents related to airport gaming shall:
(1) be segregated by separate accounts within the slot
machine licensee's books, records and documents, except for
any books, records or documents that are common to the
licensee's slot machine operations at a licensed facility and
a qualified airport;
(2) be immediately available for inspection upon request
of the board, the bureau, the department, the Pennsylvania
State Police or the Attorney General, or agents thereof,
during all hours of operation at the qualified airport in
accordance with regulations promulgated by the board; and
(3) be maintained for a period as the board, by
regulation, may require.
§ 13E34. Airport gaming accounting controls and audit
protocols.
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(a) Approval.--Prior to the commencement of airport gaming
operations, an airport gaming certificate holder shall submit to
the board for approval all proposed site plans, internal and
accounting control systems and audit protocols for the airport
gaming certificate holder's airport gaming operations.
(b) Minimum requirements.--The airport gaming certificate
holder's internal and accounting controls and audit protocols
shall meet the requirements set forth in section 1322(b) and (c)
(relating to slot machine accounting controls and audits).
§ 13E35. Cash equivalents.
Notwithstanding any other provisions of this part, the board
may, through regulation, determine the cash equivalents that may
be authorized and accepted by an airport gaming certificate
holder in the conduct of airport gaming.
§ 13E36. Occupation permits.
(a) Application.--Any person who desires to be a gaming
employee and has a bona fide offer of employment from an airport
gaming certificate holder authorized to operate slot machines
under this chapter shall apply to the board for an occupation
permit. A person may not be employed as a gaming employee unless
and until that person holds an appropriate occupation permit
issued under this section. The board may promulgate regulations
to reclassify a category of nongaming employees or gaming
employees upon a finding that the reclassification is in the
public interest and consistent with the objectives of this part.
(b) Requirements.--The application for an occupation permit
shall include, at a minimum:
(1) The name and home address of the person.
(2) The previous employment history of the person.
(3) The criminal history record of the person, as well
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as the person's consent for the Pennsylvania State Police to
conduct a background investigation.
(4) A current photograph of the person.
(5) Evidence of the offer of employment and the nature
and scope of the proposed duties of the person, if known.
(6) The details of any occupation permit or similar
license granted or denied to the person in other
jurisdictions.
(7) Any other information determined by the board to be
appropriate.
(c) Prohibition.--No airport gaming certificate holder may
employ or permit any person under 18 years of age to render any
service in any specified area where slot machines are physically
located.
(d) Construction.--Nothing in this part shall be construed
to require any person who holds a principal license, a key
employee license or gaming employee occupation permit under
Chapter 13 (relating to licensees) to obtain a separate license,
permit, certificate, registration or other authorization to be
employed in an airport gaming certificate holder's airport
gaming operations.
SUBCHAPTER D
AIRPORT GAMING FEES AND TAXES
Sec.
13E51. Fees.
13E52. Airport gaming tax and assessment.
§ 13E51. Fees.
(a) Required fees.--A slot machine licensee shall pay:
(1) Except as set forth in paragraph (2) or (3), a one-
time, nonrefundable fee of $1,000,000 upon the issuance of a
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certificate to operate slot machines under this chapter in a
qualified airport.
(2) A one-time, nonrefundable fee of $5,000,000 upon the
issuance of a certificate to operate slot machines under this
chapter in a qualified airport located in a city of the first
class.
(3) A one-time, nonrefundable fee of $2,500,000 upon the
issuance of a certificate to operate slot machines under this
chapter in a qualified airport located in a county of the
second class.
(b) Deposit of fees.--Notwithstanding section 1208 (relating
to collection of fees and fines), all fees or penalties received
by the board under this chapter shall be deposited in the
General Fund.
§ 13E52. Airport gaming tax and assessment.
(a) Imposition.--Each airport gaming certificate holder
shall report to the department and pay from its airport gaming
revenue, on a form and in the manner prescribed by the
department, a tax of 34% of its airport gaming revenue and an
airport local share assessment.
(b) Deposits and distributions.--
(1) The tax and local share assessment imposed under
subsection (a) shall be payable to the department on a weekly
basis and shall be based upon gross terminal revenue derived
during the previous week.
(2) All money owed to the Commonwealth under this
section shall be held in trust for the Commonwealth by the
airport gaming certificate holder until the money is paid to
the department. Unless otherwise agreed to by the board, an
airport gaming certificate holder shall establish a separate
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bank account into which gross terminal revenue shall be
deposited and maintained until such time as the money is paid
to the department under this section.
(3) The department shall transfer the tax revenues
collected under this section to the General Fund.
(4) The department shall distribute quarterly to each
qualified airport the airport local share assessment from the
airport gaming revenue generated from airport gaming at each
qualified airport.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Airport local share assessment." Twenty percent of an
airport gaming certificate holder's airport gaming revenue.
SUBCHAPTER E
MISCELLANEOUS PROVISIONS
Sec.
13E91. Regulations.
§ 13E91. Regulations.
(a) Regulations.--The board shall promulgate regulations
consistent with the provisions of this part to govern the
conduct of airport gaming at qualified airports.
(b) Temporary regulations.--In order to facilitate the
prompt implementation of this chapter, regulations promulgated
by the board in accordance with subsection (a) shall be deemed
temporary regulations which shall expire not later than two
years following the publication of the temporary regulation. The
board may promulgate temporary regulations not subject to:
(1) Sections 201, 202, 203, 204 and 205 of the act of
July 31, 1968 (P.L.769, No.240), referred to as the
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Commonwealth Documents Law.
(2) Sections 204(b) and 301(10) of the act of October
15, 1980 (P.L.950, No.164), known as the Commonwealth
Attorneys Act.
(3) The act of June 25, 1982 (P.L.633, No.181), known as
the Regulatory Review Act.
(c) Expiration.--The board's authority to adopt temporary
regulations under subsection (a) shall expire two years after
the effective date of this section. Regulations adopted after
this period shall be promulgated as provided by law.
Section 4. Sections 1403(b) and 1405 of Title 4 are amended
to read:
§ 1403. Establishment of State Gaming Fund and net slot machine
revenue distribution.
* * *
(b) Slot machine tax.--The department shall determine and
each slot machine licensee shall pay a daily tax of 34% from its
daily gross terminal revenue from the slot machines in operation
at its licensed facility and a local share assessment as
provided in subsection (c). All funds owed to the Commonwealth,
a county or a municipality under this section shall be held in
trust by the licensed gaming entity for the Commonwealth, the
county and the municipality until the funds are paid or
transferred to the fund. Unless otherwise agreed to by the
board, a licensed gaming entity shall establish a separate bank
account to maintain gross terminal revenue until such time as
the funds are paid or transferred under this section. Moneys in
the fund are hereby appropriated to the department on a
continuing basis for the purposes set forth in subsection (c).
For the purpose of this subsection, the term "licensed facility"
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shall not be construed to include a nonprimary location at which
a Category 1 slot machine licensee is authorized to place and
make slot machines available for play in accordance with the
physical land-based location of a qualified airport under
Chapter 13E (relating to slot machines in qualified airports).
* * *
§ 1405. Pennsylvania Race Horse Development Fund.
(b) Pennsylvania race horse improvement assessment.--Each
active and operating licensed gaming entity shall pay a daily
assessment to the Pennsylvania Race Horse Development Fund as
determined by the department. Subject to the daily assessment
cap established under subsection (c), the licensed gaming
entity's assessment shall be a percentage of each licensed
gaming entity's gross terminal revenue from the slot machines in
operation at its licensed facility, equal to an amount
calculated as "A" multiplied by "B", with "A" being equal to
each licensed gaming entity's gross terminal revenue for that
day divided by the total gross terminal revenue for that day
from all licensed gaming entities, and "B" being equal to 18% of
that day's gross terminal revenue for all active and operating
Category 1 licensees conducting live racing.
(c) Daily assessment cap.--If the resulting daily assessment
for a licensed gaming entity exceeds 12% of that licensed gaming
entity's gross terminal revenue from the slot machines in
operation at its licensed facility for the day, the licensed
gaming entity shall pay a daily assessment of 12% of its gross
terminal revenue for that day.
(e) Definition.--For the purposes of this section, the term
"licensed facility" shall not include the physical land-based
location at which a licensed gaming entity is authorized to
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place and operate slot machines in a qualified airport under
Chapter 13E (relating to slot machines in qualified airports).
Section 5. Section 1407(c) of Title 4 is amended and the
section is amended by adding a subsection to read:
§ 1407. Pennsylvania Gaming Economic Development and Tourism
Fund.
* * *
(c) Pennsylvania Gaming Economic Development and Tourism
Fund Assessment.--Each licensed gaming entity shall pay a daily
assessment of 5% of its gross terminal revenue from the slot
machines in operation at its licensed facility to the
Pennsylvania Gaming Economic Development and Tourism Fund.
* * *
(h) Definition.--For the purposes of this section, the term
"licensed facility" shall not include the physical land-based
location at which a licensed gaming entity is authorized to
place and operate slot machines in a qualified airport under
Chapter 13E (relating to slot machines in qualified airports).
Section 6. Section 1501(b) of Title 4 is amended to read:
§ 1501. Responsibility and authority of department.
* * *
(b) Application of rules and regulations.--The department
may prescribe the extent, if any, to which any rules and
regulations shall be applied without retroactive effect. The
department shall have authority to prescribe the forms and the
system of accounting and recordkeeping to be employed and
through its representative shall at all times have power of
access to and examination and audit of any equipment and records
relating to all aspects of the operation of slot machines,
including slot machines at qualified airports, and table games
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under this part.
* * *
Section 7. Section 1512 of Title 4 is amended by adding a
subsection to read:
§ 1512. Financial and employment interests.
* * *
(a.6) Prohibition related to airport gaming.--The financial
interest and employment prohibitions specified in subsections
(a) and (a.1) shall apply to airport gaming under Chapter 13E
(relating to slot machines in qualified airports).
* * *
Section 8. Section 1517(b)(1), (c)(12) and (e)(1) of Title 4
are amended to read:
§ 1517. Investigations and enforcement.
* * *
(b) Powers and duties of department.--
(1) The department shall at all times have the power of
access to examine and audit equipment and records relating to
all aspects of the operation of slot machines [or], including
slot machines at qualified airports consistent with airport
security rules and procedures, or table games under this
part.
* * *
(c) Powers and duties of the Pennsylvania State Police.--The
Pennsylvania State Police shall have the following powers and
duties:
* * *
(12) Conduct audits or verification of information of
slot machine [or], table game operations, including the
operation of slot machines in the specified area of a
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qualified airport, at such times, under such circumstances
and to such extent as the bureau determines. This paragraph
includes reviews of accounting, administrative and financial
records and management control systems, procedures and
records utilized by a slot machine licensee.
* * *
(e) Inspection, seizure and warrants.--
(1) The bureau, the department and the Pennsylvania
State Police shall have the authority without notice and
without warrant to do all of the following in the performance
of their duties:
(i) Inspect and examine all premises, including the
specified area of a qualified airport, consistent with
airport security rules and procedures, where slot machine
or table game operations are conducted, slot machines,
table game devices and associated equipment are
manufactured, sold, distributed or serviced or where
records of these activities are prepared or maintained.
(ii) Inspect all equipment and supplies in, about,
upon or around premises referred to in subparagraph (i).
(iii) Seize, summarily remove and impound equipment
and supplies from premises referred to in subparagraph
(i) for the purposes of examination and inspection.
(iv) Inspect, examine and audit all books, records
and documents pertaining to a slot machine licensee's
operation.
(v) Seize, impound or assume physical control of any
book, record, ledger, game, device, cash box and its
contents, count room or its equipment or slot machine or
table game operations.
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* * *
Section 9. Section 1518(a)(4), (13), (13.1) and (17) of
Title 4 are amended and subsection (a) is amended by adding a
paragraph to read:
§ 1518. Prohibited acts; penalties.
(a) Criminal offenses.--
* * *
(4) It shall be unlawful for any licensed entity or
other person to manufacture, supply or place slot machines,
table games, table game devices or associated equipment into
play or display slot machines, including slot machines in a
specified area of a qualified airport, table games, table
game devices or associated equipment on the premises of a
licensed facility without the authority of the board.
(4.1) It shall be unlawful for any slot machine licensee
to place and make slot machines available for play in a
specified area of a qualified airport without the approval of
the board.
* * *
(13) It shall be unlawful for an individual under 21
years of age to enter and remain in any area of a licensed
facility where slot machines are operated, including a
specified area of a qualified airport, or the play of table
games is conducted, except that an individual 18 years of age
or older employed by a slot machine licensee, a gaming
service provider, the board or any other regulatory or
emergency response agency may enter and remain in any such
area while engaged in the performance of the individual's
employment duties.
(13.1) It shall be unlawful for an individual under 21
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years of age to wager, play or attempt to play a slot machine
or table game at a licensed facility, including at the
specified area of a qualified airport.
* * *
(17) It shall be unlawful for an individual to claim,
collect or take, or attempt to claim, collect or take, money
or anything of value in or from a slot machine, including a
slot machine in a specified area of a qualified airport,
gaming table or other table game device, with the intent to
defraud, or to claim, collect or take an amount greater than
the amount won, or to manipulate with the intent to cheat,
any component of any slot machine, including slot machines in
a specified area of a qualified airport, table game or table
game device in a manner contrary to the designed and normal
operational purpose.
* * *
Section 10. This act shall take effect immediately.
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