PRINTER'S NO. 3238
No. 2317 Session of 2004
INTRODUCED BY CLYMER, ARMSTRONG, BAKER, BIRMELIN, FAIRCHILD,
FEESE, HERSHEY, HICKERNELL, LEWIS, METCALFE, PICKETT, ROHRER,
SATHER, SCAVELLO, STERN, R. STEVENSON, ZUG, FORCIER, HESS,
TRUE, EGOLF, BOYD AND SAYLOR, FEBRUARY 3, 2004
REFERRED TO COMMITTEE ON STATE GOVERNMENT, FEBRUARY 3, 2004
AN ACT
1 Establishing the Gambling Impact Commission; and providing for
2 the commission's powers and duties.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Gambling
7 Impact Commission Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Commission." The Gambling Impact Commission established by
13 this act.
14 Section 3. Establishment of commission.
15 (a) Establishment.--An independent commission, to be known
16 as the Gambling Impact Commission, is hereby established.
17 (b) Members.--Commission members shall be appointed as
1 follows:
2 (1) Three members shall be appointed by the Governor.
3 (2) Three members shall be appointed by the President
4 pro tempore of the Senate.
5 (3) Three members shall be appointed by the Speaker of
6 the House of Representatives.
7 (c) Conflicts of interest.--No commission member or any
8 family member of a commission member shall have any direct or
9 indirect pecuniary interest in any gambling or gaming
10 initiatives or operations in this Commonwealth. No commission
11 member shall be a member of a commission or body which
12 regulates:
13 (1) Horse racing under the act of December 17, 1981
14 (P.L.435, No.135), known as the Race Horse Industry Reform
15 Act.
16 (2) The Pennsylvania State Lottery.
17 (d) Time frame.--All appointments to the commission shall be
18 made within 30 days of the effective date of this act.
19 (e) Expiration.--The terms of commission members shall
20 expire 18 months from the effective date of this act.
21 Section 4. Operation of commission.
22 (a) Personnel.--The commission may employ an executive
23 director, a secretary, its own counsel, legal staff and such
24 technical experts, agents and employees as it requires. The
25 commission may determine the qualifications and fix the
26 compensation of its employees and agents. The commission may
27 contract for additional services it deems necessary and proper
28 in the performance of its powers and duties.
29 (b) Chairperson.--The members of the commission shall
30 jointly designate one member as the chairperson of the
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1 commission within 45 days of the effective date of this act.
2 (c) Conduct of business.--The commission may establish other
3 rules for the conduct of the commission's business if the rules
4 are not inconsistent with this act or other applicable law.
5 Section 5. Duties.
6 (a) Study.--The commission shall conduct a comprehensive
7 legal and factual study of the social and economic impacts of
8 gambling in this Commonwealth, which shall at a minimum also
9 include an assessment of the use of gambling or gaming
10 initiative as a reliable means of funding education and property
11 tax reduction and as a means of job development. Since the
12 possibility of Native American gambling involvement has created
13 additional concerns, the commission shall include in its study
14 an examination of such potential involvement and address the
15 issue of Federal preemption of State gaming law as it relates to
16 Native American gambling.
17 (b) Report of findings.--No later than 18 months after the
18 effective date of this act, the commission shall submit to the
19 Governor, the Senate and the House of Representatives a
20 comprehensive report of the commission's findings, conclusions
21 and recommendations.
22 Section 6. Moratorium.
23 There shall be a moratorium on the expansion of any gambling
24 or gaming initiatives in this Commonwealth for 18 months from
25 the effective date of this act. For purposes of this section,
26 gambling or gaming initiatives shall not include:
27 (1) The Pennsylvania State Lottery as authorized under
28 the act of August 26, 1971 (P.L.351, No.91), known as the
29 State Lottery Law.
30 (2) Bingo as defined or authorized under the act of July
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1 10, 1981 (P.L.214, No.67), known as the Bingo Law.
2 (3) Pari-mutuel betting on the outcome of horse racing
3 as defined or authorized under the act of December 17, 1981
4 (P.L.435, No.135), known as the Race Horse Industry Reform
5 Act.
6 (4) Small games of chance as defined or authorized by
7 the act of December 19, 1988 (P.L.1262, No.156), known as the
8 Local Option Small Games of Chance Act.
9 Section 7. Effective date.
10 This act shall take effect immediately.
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