PRINTER'S NO. 58
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
69
Session of
2023
INTRODUCED BY ROAE, ARMANINI, HAMM, JOZWIAK, LEADBETER,
MARSHALL, ROSSI, ROWE AND ZIMMERMAN, MARCH 7, 2023
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, MARCH 7, 2023
AN ACT
Amending Title 4 (Amusements) of the Pennsylvania Consolidated
Statutes, in Pennsylvania Gaming Control Board, further
providing for Pennsylvania Gaming Control Board established
and for code of conduct.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1201(b)(1) and (f)(3) of Title 4 of the
Pennsylvania Consolidated Statutes are amended and subsection
(b) is amended by adding a paragraph to read:
§ 1201. Pennsylvania Gaming Control Board established.
* * *
(b) Membership.--The board shall consist of the following
members:
(1) [Three] Except as provided under paragraph (1.1),
three members appointed by the Governor.
(1.1) On or after the effective date of this paragraph,
upon the expiration of the terms of or creation of vacancies
by two of the members appointed under paragraph (1), the
following shall apply:
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(i) The Governor may not appoint individuals to
serve as successors or fill vacancies created by the two
members.
(ii) The Governor shall appoint an individual to
serve as a successor or fill a vacancy created by the one
remaining member as prescribed under this section.
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(f) Qualified majority vote.--
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(3) Notwithstanding any other provision of this part or
65 Pa.C.S. § 1103(j) (relating to restricted activities), a
member shall disclose the nature of his disqualifying
interest, disqualify himself and abstain from voting in a
hearing or proceeding under this part in which his
objectivity, impartiality, integrity or independence of
judgment may be reasonably questioned, as provided in
subsection (h)(6) or section 1202.1(c)(3) (relating to code
of conduct). If a legislative appointee has disqualified
himself, the qualified majority shall consist of all of the
remaining legislative appointees and at least two
gubernatorial appointees. If a legislative appointee has
disqualified himself and the board consists of only one
gubernatorial appointee, the qualified majority shall consist
of all of the remaining legislative appointees and one
gubernatorial appointee.
* * *
Section 2. Section 1202.1(c.2)(3)(iii) of Title 4 is amended
to read:
§ 1202.1. Code of conduct.
* * *
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(c.2) Procedures relating to ex parte communications.--
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(3) * * *
(iii) If a legislative appointee recuses himself
from any hearing or other proceeding under this section,
any qualified majority vote required under this part
shall consist of all of the remaining legislative
appointees and at least two gubernatorial appointees. If
a legislative appointee recuses himself from any hearing
or other proceeding under this section and only one
gubernatorial appointee is on the board, any qualified
majority vote required under this part shall consist of
all of the remaining legislative appointees and one
gubernatorial appointee.
* * *
Section 3. This act shall take effect in 60 days.
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