PRINTER'S NO.  1990

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

SENATE BILL

 

No.

1373

Session of

2010

  

  

INTRODUCED BY FARNESE, MAY 19, 2010

  

  

REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT, MAY 19, 2010  

  

  

  

AN ACT

  

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Amending Title 4 (Amusements) of the Pennsylvania Consolidated

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Statutes, further providing for Category 2 slot machine

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license; providing for local referendum in cities of the

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first class; and further providing for number of slot machine

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licenses.

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The General Assembly of the Commonwealth of Pennsylvania

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hereby enacts as follows:

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Section 1.  Section 1304(b)(1) of Title 4 of the Pennsylvania

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Consolidated Statutes, amended January 7, 2010 (P.L.1, No.1), is

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amended to read:

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§ 1304.  Category 2 slot machine license.

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* * *

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(b)  Location.--

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(1)  [Two] Except as provided under section 1304.1

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(relating to local referendum in cities of the first class),

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two Category 2 licensed facilities and no more shall be

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located by the board within a city of the first class, and

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one Category 2 licensed facility and no more shall be located

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by the board within a city of the second class. No Category 2

 


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licensed facility located by the board within a city of the

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first class shall be within ten linear miles of a Category 1

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licensed facility regardless of the municipality where the

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Category 1 licensed facility is located. Except for any

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Category 2 licensed facility located by the board within a

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city of the first class or a city of the second class, no

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Category 2 licensed facility shall be located within 30

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linear miles of any Category 1 licensed facility that has

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conducted over 200 racing days per year for the two calendar

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years immediately preceding the effective date of this part

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and not within 20 linear miles of any other Category 1

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licensed facility. Except for any Category 2 licensed

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facility located by the board within a city of the first

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class, no Category 2 licensed facility shall be located

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within 20 linear miles of another Category 2 licensed

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facility.

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* * *

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Section 2.  Title 4 is amended by adding a section to read:

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§ 1304.1.  Local referendum in cities of the first class.

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(a)  Referendum required.--If the board revokes the Category

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2 slot machine license of a slot machine licensee in a city of

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the first class prior to the time the licensed facility becomes

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operational, the board shall be prohibited from issuing the

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license to any other applicant seeking to locate a licensed

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facility within the city of the first class unless authority to

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locate a licensed facility within the city has been approved by

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the residents of the city in a public referendum.

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(b)  Submittal of referendum.--

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(1)  The governing body of the city of the first class

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shall submit, at the first municipal or general election

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following the revocation of a gaming license in a city of the

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first class under subsection (a), a referendum question to

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the electors of the city of the first class seeking voter

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approval to authorize the board to issue a Category 2 slot

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machine license to an applicant who is seeking to locate a

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licensed facility within the city. Prior to placing a

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referendum question on the ballot, the governing body must

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adopt a resolution under this section. The governing body

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must give public notice of its intent to adopt the resolution

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in the manner provided under section 306 of the act of

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December 31, 1965 (P.L.1257, No.511), known as The Local Tax

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Enabling Act, and must conduct at least two public hearings

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on the resolution.

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(2)  The governing body shall submit the referendum

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question required under this subsection to the election

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officials of the county no later than 60 days prior to the

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election. The election officials shall cause the referendum

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question to be submitted to the electors of the city.

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(3)  The referendum question shall seek voter approval to

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locate a Category 2 licensed facility within the city. The

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referendum question shall be clear and in language that is

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readily understandable by a layperson and may be framed in

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the following form:

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Do you favor authorizing the Pennsylvania Gaming

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Control Board to issue a Category 2 slot machine license

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to an applicant who seeks to operate a casino within the

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city?

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(4)  The election officials of the county shall, in

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consultation with the governing body and the board, draft a

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nonlegal interpretative statement which shall accompany the

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referendum question in accordance with section 201.1 of the

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act of June 3, 1937 (P.L.1333, No.320), known as the

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Pennsylvania Election Code.

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(c)  Outcome of referendum.--If the referendum question under

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this section is approved, the board shall be authorized and

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required to locate a Category 2 licensed facility in the city of

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the first class. If the referendum question is not approved, the

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board shall be required to locate a licensed facility in

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accordance with this part in any area of the Commonwealth other

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than a city of the first class. The board shall establish a

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schedule for the receipt and consideration of new applications

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for the revoked license.

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(d)  Majority approval.--Approval of the referendum required

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under this subsection shall be by a majority of the electors

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voting on the question in the city.

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(e)  Pennsylvania Election Code.--Proceedings under this

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section shall be in accordance with the Pennsylvania Election

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Code.

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Section 3.  Section 1307 of Title 4, amended January 7, 2010

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(P.L.1, No.1), is amended to read:

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§ 1307.  Number of slot machine licenses.

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The board may license no more than seven Category 1 licensed

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facilities and no more than five Category 2 licensed

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facilities[, as it may deem appropriate, as long as]. Except as

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provided under section 1304.1 (relating to local referendum in

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cities of the first class), two, and not more, Category 2

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licensed facilities [are] shall be located by the board within

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the city of the first class and [that] one, and not more,

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Category 2 licensed facility [is] shall be located by the board

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within the city of the second class. The board may at its

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discretion increase the total number of Category 2 licensed

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facilities permitted to be licensed by the board by an amount

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not to exceed the total number of Category 1 licenses not

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applied for within five years following the effective date of

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this part. Except as permitted by section 1328 (relating to

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change in ownership or control of slot machine licensee), any

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Category 1 license may be reissued by the board at its

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discretion as a Category 2 license if an application for

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issuance of such license has not been made to the board. The

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board may license no more than three Category 3 [Licensed]

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licensed facilities.

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Section 4.  This act shall take effect in 60 days.

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