THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SCHRODER, TURZAI, VEREB, M. O'BRIEN, CUTLER, BAKER, BOYD, CLYMER, COHEN, D. COSTA, DENLINGER, FLECK, GRELL, GROVE, HUTCHINSON, KAUFFMAN, KRIEGER, MILLER, MOUL, MURT, PYLE, QUINN, RAPP, ROAE, STERN, SWANGER, TALLMAN AND VULAKOVICH, FEBRUARY 2, 2011

REFERRED TO COMMITTEE ON GAMING OVERSIGHT, FEBRUARY 2, 2011  

AN ACT

Amending Title 4 (Amusements) of the Pennsylvania Consolidated

Statutes, repealing provisions relating to exclusive

appellate jurisdiction of the Supreme Court of Pennsylvania.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 1204, 1506 and 1904 of Title 4 of the

Pennsylvania Consolidated Statutes are repealed:

[§ 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

license or the award, denial or conditioning of a table game

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 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.

§ 1506.  Licensed facility zoning and land use appeals.

In order to facilitate timely implementation of casino gaming

as provided in this part, notwithstanding 42 Pa.C.S. § 933(a)(2) 

(relating to appeals from government agencies), the Supreme

Court of Pennsylvania is vested with exclusive appellate

jurisdiction to consider appeals of a final order, determination

or decision of a political subdivision or local instrumentality

involving zoning, usage, layout, construction or occupancy,

including location, size, bulk and use of a licensed facility.

The court, as appropriate, may appoint a master to hear an

appeal under this section.

§ 1904.  Exclusive jurisdiction of Supreme Court.

The Pennsylvania Supreme Court shall have exclusive

jurisdiction to hear any challenge to or to render a declaratory

judgment concerning the constitutionality of this part. The

Supreme Court is authorized to take such action as it deems

appropriate, consistent with the Supreme Court retaining

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

final judgment in connection with such a challenge or request

for declaratory relief.]

Section 2.  The repeal of 4 Pa.C.S. §§ 1204, 1506 and 1904

shall apply to any of the following which are made on or after

the effective date of this section:

(1)  A final order, determination or decision of the

Pennsylvania Gaming Control 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.

(2)  An appeal of a final order, determination or

decision of a political subdivision or local instrumentality

involving zoning, usage, layout, construction or occupancy,

including location, size, bulk and use of a licensed

facility.

(3)  A challenge concerning the constitutionality of 4

Pa.C.S. Pt. II.

Section 3.  This act shall take effect in 60 days.