PRINTER'S NO. 1461
No. 1181 Session of 2007
INTRODUCED BY CLYMER, BAKER, BOYD, COX, CREIGHTON, DENLINGER,
GINGRICH, HENNESSEY, HESS, HUTCHINSON, JAMES, KAUFFMAN,
M. O'BRIEN, ROHRER, STERN, TRUE AND BENNINGHOFF, MAY 1, 2007
REFERRED TO COMMITTEE ON GAMING OVERSIGHT, MAY 1, 2007
AN ACT
1 Amending Title 4 (Amusements) of the Pennsylvania Consolidated
2 Statutes, further providing for Category 2 slot machine
3 license and for number of slot machine licenses.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 1304 of Title 4 of the Pennsylvania
7 Consolidated Statutes, amended November 1, 2006 (P.L.1243,
8 No.135), is amended to read:
9 § 1304. Category 2 slot machine license.
10 (a) Eligibility.--
11 (1) A person may be eligible to apply for a Category 2
12 license if the applicant, its affiliate, intermediary,
13 subsidiary or holding company is not otherwise eligible to
14 apply for a Category 1 license and the person is seeking to
15 locate a licensed facility in [a city of the first class,] a
16 city of the second class or a revenue- or tourism-enhanced
17 location. It shall not be a condition of eligibility to apply
18 for a Category 2 license to obtain a license from either the
1 State Horse Racing Commission or the State Harness Racing
2 Commission to conduct thoroughbred or harness race meetings
3 respectively with pari-mutuel wagering.
4 (2) If the person seeking a slot machine license
5 proposes to place the licensed facility upon land designated
6 a subzone, an expansion subzone or an improvement subzone
7 under the act of October 6, 1998 (P.L.705, No.92), known as
8 the Keystone Opportunity Zone, Keystone Opportunity Expansion
9 Zone and Keystone Opportunity Improvement Zone Act, the
10 person shall, at any time prior to the application being
11 approved, submit a statement waiving the exemptions,
12 deductions, abatements or credits granted under the Keystone
13 Opportunity Zone, Keystone Opportunity Expansion Zone and
14 Keystone Opportunity Improvement Zone Act if the board
15 approves the application.
16 (b) Location.--
17 (1) [Two Category 2 licensed facilities and no more
18 shall be located by the board within a city of the first
19 class, and one] One Category 2 licensed facility and no more
20 shall be located by the board within a city of the second
21 class. [No Category 2 licensed facility located by the board
22 within a city of the first class shall be within ten linear
23 miles of a Category 1 licensed facility regardless of the
24 municipality where the Category 1 licensed facility is
25 located.] Except for any Category 2 licensed facility located
26 by the board within a [city of the first class or a] city of
27 the second class, no Category 2 licensed facility shall be
28 located within 30 linear miles of any Category 1 licensed
29 facility that has conducted over 200 racing days per year for
30 the two calendar years immediately preceding the effective
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1 date of this part and not within 20 linear miles of any other
2 Category 1 licensed facility. [Except for any Category 2
3 licensed facility located by the board within a city of the
4 first class, no] No Category 2 licensed facility shall be
5 located within 20 linear miles of another Category 2 licensed
6 facility.
7 (2) Within five days of approving a license for an
8 applicant with a proposed licensed facility consisting of
9 land designated a subzone, an expansion subzone or an
10 improvement subzone under the Keystone Opportunity Zone,
11 Keystone Opportunity Expansion Zone and Keystone Opportunity
12 Improvement Zone Act for a slot machine license under this
13 section, the board shall notify the Department of Community
14 and Economic Development. The notice shall include a
15 description of the land of the proposed licensed facility
16 which is designated a subzone, an expansion subzone or an
17 improvement subzone. Within five days of receiving the notice
18 required by this paragraph, the Secretary of Community and
19 Economic Development shall decertify the land of the proposed
20 licensed facility as being a subzone, an expansion subzone or
21 an improvement subzone. Upon decertification in accordance
22 with this paragraph and notwithstanding Chapter 3 of the
23 Keystone Opportunity Zone, Keystone Opportunity Expansion
24 Zone and Keystone Opportunity Improvement Zone Act, a
25 political subdivision may amend the ordinance, resolution or
26 other required action which granted the exemptions,
27 deductions, abatements or credits required by the Keystone
28 Opportunity Zone, Keystone Opportunity Expansion Zone and
29 Keystone Opportunity Improvement Zone Act to repeal the
30 exemptions, deductions, abatements or credits for the land
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1 decertified.
2 Section 2. Section 1307 of Title 4 is amended to read:
3 § 1307. Number of slot machine licenses.
4 The board may license no more than seven Category 1 licensed
5 facilities and no more than [five] three Category 2 licensed
6 facilities, as it may deem appropriate, as long as [two, and not
7 more, Category 2 licenses are located by the board within the
8 city of the first class and that] one, and not more, Category 2
9 licensed facility is located by the board within [the] a city of
10 the second class. [The board may at its discretion increase the
11 total number of Category 2 licensed facilities permitted to be
12 licensed by the board by an amount not to exceed the total
13 number of Category 1 licenses not applied for within five years
14 following the effective date of this part. Except as permitted
15 by section 1328 (relating to change in ownership or control of
16 slot machine licensee), any Category 1 license may be reissued
17 by the board at its discretion as a Category 2 license if an
18 application for issuance of such license has not been made to
19 the board.] The board may license no more than two Category 3
20 licensed facilities.
21 Section 3. This act shall take effect in 60 days.
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