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PRINTER'S NO. 915
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
700
Session of
2015
INTRODUCED BY WARD, STEFANO, RAFFERTY, SCARNATI, BARTOLOTTA,
TOMLINSON, ARGALL, ALLOWAY, McGARRIGLE, WHITE AND MENSCH,
MAY 14, 2015
REFERRED TO COMMUNITY, ECONOMIC AND RECREATIONAL DEVELOPMENT,
MAY 14, 2015
AN ACT
Amending Title 4 (Amusements) of the Pennsylvania Consolidated
Statutes, in general provisions relating to gaming, further
providing for legislative intent; in Pennsylvania Gaming
Control Board, further providing for slot machine license
fee; in licensees, further providing for supplier licenses,
for manufacturer licenses, for slot machine testing and
certification standards and for license renewals; providing
for reinvestment incentives; in table games, further
providing for table game device and associated equipment
testing and certification standards; and, in administration
and enforcement, further providing for investigations and
enforcement and for detention.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1102 of Title 4 of the Pennsylvania
Consolidated Statutes is amended by adding a paragraph to read:
§ 1102. Legislative intent.
The General Assembly recognizes the following public policy
purposes and declares that the following objectives of the
Commonwealth are to be served by this part:
* * *
(3.1) The Commonwealth has a fundamental interest in the
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encouragement of continued investment and reinvestment in the
gaming industry established in this Commonwealth to ensure
that this significant source of revenue is available to
support property tax relief, wage tax reduction, economic
development opportunities and other important initiatives.
* * *
Section 2. Sections 1209(b), 1317(c), 1317.1(c), 1320(a) and
(b) and 1326(a) of Title 4 are amended to read:
§ 1209. Slot machine license fee.
* * *
(b) Term.--A slot machine license, after payment of the fee,
shall be in effect unless suspended, revoked or not renewed by
the board upon good cause consistent with the license
requirements as provided for in this part. Slot machine
licensees shall be required to update the information in their
initial applications annually, and the license of a licensee in
good standing shall be renewed every [three] five years. Nothing
in this subsection shall relieve a licensee of the affirmative
duty to notify the board of any changes relating to the status
of its license or to any other information contained in the
application materials on file with the board. As to the renewal
of a license, except as required in subsection (f)(3), no
additional license fee pursuant to subsection (a) shall be
required.
* * *
§ 1317. Supplier licenses.
* * *
(c) Review and approval.--Upon being satisfied that the
requirements of subsection (b) have been met, the board may
approve the application and issue the applicant a supplier
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license consistent with all of the following:
(1) The initial license shall be for a period of one
year, and, if renewed under subsection (d), the license shall
be for a period of [three] five years. Nothing in this
paragraph shall relieve a licensee of the affirmative duty to
notify the board of any changes relating to the status of its
license or to any information contained in the application
materials on file with the board.
(2) The license shall be nontransferable.
(3) Any other condition established by the board.
* * *
§ 1317.1. Manufacturer licenses.
* * *
(c) Review and approval.--Upon being satisfied that the
requirements of subsection (b) have been met, the board may
approve the application and grant the applicant a manufacturer
license consistent with all of the following:
(1) The initial license shall be for a period of one
year, and, if renewed under subsection (d), the license shall
be for a period of [three] five years. Nothing in this
paragraph shall relieve the licensee of the affirmative duty
to notify the board of any changes relating to the status of
its license or to any other information contained in
application materials on file with the board.
(2) The license shall be nontransferable.
(3) Any other condition established by the board.
* * *
§ 1320. Slot machine testing and certification standards.
(a) Use of other state standards.--Until such time as the
board establishes an independent testing and certification
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facility pursuant to subsection (b) and thereafter where cost
savings and efficiencies can be achieved, the board may
determine, at its discretion, whether the slot machine testing
and certification standards of another jurisdiction within the
United States in which an applicant for a manufacturer license
is licensed are comprehensive and thorough and provide similar
adequate safeguards as those required by this part. If the board
makes that determination, it may permit a manufacturer through a
licensed supplier as provided in section 1317 (relating to
supplier and manufacturer licenses application) to deploy those
slot machines which have met the slot machine testing and
certification standards in such other jurisdictions without
undergoing the full testing and certification process by a
board-established independent facility. In the event slot
machines of an applicant for a manufacturer license are licensed
in such other jurisdiction, the board may determine to use an
abbreviated process requiring only that information determined
by the board to be necessary to consider the issuance of a slot
machine certification to such an applicant. Alternatively, the
board in its discretion may also rely upon the certification of
a slot machine that has met the testing and certification
standards of a board-approved private testing and certification
facility until such time as the board establishes an independent
testing and certification facility pursuant to subsection (b).
Nothing in this section shall be construed to waive any fees
associated with obtaining a license through the normal
application process.
(b) Facility in Commonwealth.--[Within three years
immediately following the effective date of this part, the]
(1) The board shall establish and maintain an
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independent slot machine testing and certification facility.
The cost for the establishment and operation of an
independent slot machine testing and certification facility
shall be paid by each licensed manufacturer in accordance
with a schedule adopted by the board. The facility shall be
made available to each slot machine manufacturer and supplier
as determined by the board.
(2) Each licensed manufacturer shall also be responsible
for any costs associated with any testing not conducted by
the board-established independent slot machine testing and
certification facility.
* * *
§ 1326. License renewals.
(a) Renewal.--All permits and licenses issued under this
part unless otherwise provided shall be subject to renewal
every [three] five years. Nothing in this subsection shall
relieve a licensee of the affirmative duty to notify the board
of any changes relating to the status of its license or to any
other information contained in the application materials on file
with the board. The application for renewal shall be submitted
at least 60 days prior to the expiration of the permit or
license and shall include an update of the information contained
in the initial and any prior renewal applications and the
payment of any renewal fee required by this part. Unless
otherwise specifically provided in this part, the amount of any
renewal fee shall be calculated by the board to reflect the
longer renewal period. A permit or license for which a completed
renewal application and fee, if required, has been received by
the board will continue in effect unless and until the board
sends written notification to the holder of the permit or
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license that the board has denied the renewal of such permit or
license.
* * *
Section 3. Title 4 is amended by adding a section to read:
§ 1333. Reinvestment incentives.
Nothing in this part shall be construed to preclude a slot
machine licensee from qualifying for reinvestment incentives,
including tax credits established under the act of March 4, 1971
(P.L.6, No.2), known as the Tax Reform Code of 1971.
Section 4. Sections 13A41(b), 1517(c)(6) and 1519 of Title 4
are amended to read:
§ 13A41. Table game device and associated equipment testing and
certification standards.
* * *
(b) Use of other state standards.--The board may determine,
where cost savings and efficiencies can be achieved, whether the
table game device testing and certification standards of another
jurisdiction within the United States in which a manufacturer
licensed pursuant to section 1317.1 (relating to manufacturer
licenses) to manufacture table game devices or associated
equipment used in connection with table games is licensed are
comprehensive and thorough and provide similar adequate
safeguards as those required by this part. If the board makes
that determination, it may permit the manufacturer appropriately
licensed pursuant to section 1317.1 to deploy table game devices
or associated equipment it manufactures which have met the table
game device testing and certification standards in another
jurisdiction without undergoing the full testing and
certification process by the board's independent testing and
certification facility.
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§ 1517. Investigations and enforcement.
* * *
(c) Powers and duties of the Pennsylvania State Police.--The
Pennsylvania State Police shall have the following powers and
duties:
* * *
(6) Enforce the criminal provisions of this part and all
other criminal laws of the Commonwealth on or about a
licensed facility, licensed race track and surrounding areas,
including parking areas.
* * *
§ 1519. Detention.
A peace officer, licensee or licensee's security employee or
an agent under contract with the licensee who has probable cause
to believe that criminal violation of this part or other
criminal law of this Commonwealth has occurred or is occurring
on or about a licensed facility and who has probable cause to
believe that a specific individual has committed or is
committing the criminal violation may detain the suspect in a
reasonable manner for a reasonable time on the premises of the
licensed facility for all or any of the following purposes: to
require the suspect to identify himself, to verify such
identification or to inform a peace officer. Such detention
shall not impose civil or criminal liability upon the peace
officer, licensee, licensee's employee or agent so detaining.
Section 5. This act shall take effect in 60 days.
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