THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY MARSICO, BAKER, BARRAR, BENNINGHOFF, BEYER, BOYD, CAUSER, CIVERA, CLYMER, CREIGHTON, FAIRCHILD, FLECK, FREEMAN, GABLER, GEIST, GINGRICH, GROVE, HARPER, HENNESSEY, HESS, KAUFFMAN, M. KELLER, MAJOR, MOUL, PHILLIPS, QUINN, RAPP, ROCK, SIPTROTH, SONNEY, STERN, STEVENSON, TALLMAN, TURZAI, VULAKOVICH, WATSON AND YOUNGBLOOD, APRIL 13, 2009

REFERRED TO COMMITTEE ON GAMING OVERSIGHT, APRIL 13, 2009  

AN ACT

Transferring certain powers and duties to the Gaming Enforcement

Office; and making related repeals.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Commonwealth

Law Enforcement Gaming Regulation Act.

Section 2.  Gaming Enforcement Office.

(a)  Legislative findings.--The General Assembly finds that

the transfer of the Bureau of Investigations and Enforcement to

the Pennsylvania State Police will serve to provide for an

appropriate separation of investigative and enforcement

functions from licensing functions. The General Assembly further

finds that the transfer of the Bureau of Investigations and

Enforcement does not affect the general jurisdiction of the

Pennsylvania Gaming Control Board in any way which impairs or

otherwise reduces the board's licensing authority.

(b)  Legislative intent.--It is the intent of the General

Assembly to transfer all of the existing functions and duties of

the Bureau of Investigations and Enforcement in the Pennsylvania

Gaming Control Board, including the Office of Enforcement

Counsel, to the Gaming Enforcement Office in the Pennsylvania

State Police. It is the further intent of the General Assembly

to completely separate, except as provided under this act, the

Gaming Enforcement Office in the Pennsylvania State Police from

any regulatory or fiscal control by the Pennsylvania Gaming

Control Board.

(c)  Establishment.--

(1)  The Gaming Enforcement Office is established within

the Pennsylvania State Police.

(2)  The Commissioner of Pennsylvania State Police shall

select all of the following:

(i)  A director of the Gaming Enforcement Office.

(ii)  A director of the Office of Enforcement Counsel

transferred to the Gaming Enforcement Office under this

act.

(d)  Powers and duties.--The Gaming Enforcement Office shall,

in addition to the powers and duties vested in the Pennsylvania

State Police under 4 Pa.C.S. Pt. II (relating to gaming), have

the powers and duties previously vested in the Bureau of

Investigations and Enforcement of the Pennsylvania Gaming

Control Board under 4 Pa.C.S. Pt. II.

(e)  Assignment.--The Commissioner of Pennsylvania State

Police shall assign members of the Pennsylvania State Police to

supervisory and other capacities in the Gaming Enforcement

Office as the commissioner deems necessary. All other personnel

of the Gaming Enforcement Office shall be civilians.

(f)  Complement.--A member of the Pennsylvania State Police

assigned to the duties of the Gaming Enforcement Office shall

not be counted toward the complement as defined in the act of

December 13, 2001 (P.L.903, No.100), entitled "An act repealing

in part a limitation on the complement of the Pennsylvania State

Police."

Section 3.  Transfer provisions.

(a)  General rule.--The following are transferred to the

Gaming Enforcement Office:

(1)  All of the powers, duties and authority previously

vested in the Bureau of Investigations and Enforcement of the

Pennsylvania Gaming Control Board under 4 Pa.C.S. Pt. II 

(relating to gaming).

(2)  All personnel, allocations, appropriations,

equipment, files, records, contracts, agreements, obligations

and other materials which are used, employed or expended by

the Pennsylvania Gaming Control Board in connection with the

functions transferred under this act to the Gaming

Enforcement Office as if these contracts, agreements and

obligations had been incurred or entered into by the Gaming

Enforcement Office.

(b)  Apportionment.--The personnel, appropriations, equipment

and other items and material transferred under this section

shall include an appropriate portion of the general

administrative, overhead and supporting personnel,

appropriations, equipment and other material of the Pennsylvania

Gaming Control Board.

Section 4.  Law enforcement reimbursement.

(a)  Expenses.--Expenses of and related to the Gaming

Enforcement Office shall be considered reimbursable expenses

under 4 Pa.C.S. Pt. II (relating to gaming).

(b)  Budget procedure.--The Gaming Enforcement Office shall

prepare and annually submit an itemized budget in accordance

with 4 Pa.C.S. § 1402.1 (relating to itemized budget reporting).

Section 5.  Existing office.

Any gaming enforcement office or unit existing within the

Pennsylvania State Police on the effective date of this section

shall be absorbed by the Gaming Enforcement Office established

under section 2(c)(1).

Section 6.  Repeals.

(a)  Intent.--The General Assembly declares that the repeals

under subsection (b) are necessary to effectuate this act.

(b)  Provisions.--The following acts and parts of acts are

repealed as follows:

(1)  4 Pa.C.S. § 1202(b)(25) is repealed.

(2)  4 Pa.C.S. §§ 1202(b)(10) and (28), 1402(a)(4) and

1805 are repealed insofar as the sections relate to the

procedure for reimbursing costs and expenses incurred by the

Pennsylvania State Police.

(3)  4 Pa.C.S. Pt. II is repealed insofar as it relates

to the powers and duties of the Bureau of Investigations and

Enforcement of the Pennsylvania Gaming Control Board.

(4)  4 Pa.C.S. Pt. II is repealed insofar as it relates

to the authority and oversight of the Bureau of

Investigations and Enforcement by the Pennsylvania Gaming

Control Board.

Section 20.  Effective date.

This act shall take effect in 60 days.