| CORRECTIVE REPRINTHOUSE AMENDED |
| PRIOR PRINTER'S NOS. 1196, 1247, 1460, 1464, 1468, 1544 | PRINTER'S NO. 1545 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY EARLL, MELLOW, FONTANA, WOZNIAK, M. WHITE, WARD, TOMLINSON, TARTAGLIONE, ERICKSON, MUSTO, WASHINGTON, PIPPY, YAW, DINNIMAN, KASUNIC, LEACH, FARNESE, PILEGGI, ARGALL, ORIE, RAFFERTY, STACK AND COSTA, JUNE 22, 2009 |
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| AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, DECEMBER 14, 2009 |
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| AN ACT |
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1 | Amending Title 4 (Amusements) of the Pennsylvania Consolidated | <-- |
2 | Statutes, further providing for legislative intent and for |
3 | the definitions of "conviction," "licensed entity" and "slot |
4 | machine licensee"; providing for the definitions of |
5 | "executive-level public employee," "licensed entity |
6 | representative" and "trustee"; further providing for the |
7 | Pennsylvania Gaming Control Board, for powers of the board |
8 | and for code of conduct; providing for expenses of |
9 | Pennsylvania Gaming Control Board; further providing for |
10 | license or permit application hearing process and public |
11 | hearings, for board minutes and records, for regulatory |
12 | authority of board, for collection of fees and fines, for |
13 | slot machine license fee, for reports of board, for license |
14 | or permit prohibition, for slot machine license application |
15 | character requirements, for applications for license or |
16 | permit, for supplier licenses, for manufacturer licenses, for |
17 | additional licenses and permits and approval of agreements, |
18 | for license renewals, for change in ownership or control of |
19 | slot machine licensees and for nonportability of slot machine |
20 | license; providing for appointment of trustee; further |
21 | providing for Pennsylvania Gaming Economic Development and |
22 | Tourism Fund, for transfers from State Gaming Fund and for |
23 | financial and employment interests; providing for |
24 | prosecutorial and adjudicative functions; and further |
25 | providing for investigations and enforcement and for conduct |
26 | of public officials and employees. |
27 | Amending Title 4 (Amusements) of the Pennsylvania Consolidated | <-- |
28 | Statutes, further providing for legislative intent, for |
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1 | definitions, for the Pennsylvania Gaming Control Board |
2 | established, for applicability of other statutes, for powers |
3 | of the board and for code of conduct; providing for expenses |
4 | of regulatory agencies; further providing for licensed gaming |
5 | entity application appeals from board, for license or permit |
6 | application hearing process and public hearings, for board |
7 | minutes and records, for regulatory authority of board, for |
8 | collection of fees and fines, for slot machine license fee, |
9 | for number of slot machines and for reports of board; |
10 | providing for report by slot machine licensee; further |
11 | providing for diversity goals of board and for license or |
12 | permit prohibition; providing for specific authority to |
13 | suspend slot machine license and for Auditor General's | <-- |
14 | reports; further providing for Category 3 slot machine |
15 | license, for applications for license or permit, for slot |
16 | machine license application character requirements, for slot |
17 | machine license application financial fitness requirements, |
18 | for supplier licenses and for manufacturer licenses; |
19 | providing for gaming service provider and for alternative |
20 | supplier licensing standards; further providing for |
21 | occupation permit application, for additional licenses and |
22 | permits and approval of agreements, for license renewals, for |
23 | change in ownership or control of slot machine licensee and |
24 | for nonportability of slot machine license; providing for |
25 | appointment of trustee and for additional table game | <-- |
26 | assessment; authorizing table games; further providing for |
27 | slot machine license deposits; providing for limitation on |
28 | recovery of costs; further providing for gross terminal |
29 | revenue deductions, for itemized budget reporting, for |
30 | establishment of State Gaming Fund and net slot machine |
31 | revenue distribution, for distributions from Pennsylvania |
32 | Race Horse Development Fund, for Pennsylvania Gaming Economic |
33 | Development and Tourism Fund, for transfers from State Gaming |
34 | Fund, for responsibility and authority of Department of |
35 | Revenue, for wagering on credit, and for no eminent domain | <-- |
36 | authority,; providing for deteriorated designations; further | <-- |
37 | providing for compulsive and problem gambling program, for |
38 | labor hiring preferences, for declaration of exemption from |
39 | Federal laws prohibiting slot machines and for financial and |
40 | employment interests; providing for additional restrictions; |
41 | further providing for political influence, for regulation |
42 | requiring exclusion of certain persons; providing for |
43 | prosecutorial and adjudicative functions; further providing |
44 | for investigations and enforcement, for conduct of public |
45 | officials and employees and for prohibited acts and |
46 | penalties; providing for additional authority and for report |
47 | of suspicious transactions; further providing for |
48 | interception of oral communications; providing for electronic |
49 | funds transfer terminals; regulating junkets; and providing |
50 | for gaming schools. |
51 | Amending Titles 4 (Amusements) and 64 (Public Authorities and | <-- |
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1 | Quasi-Public Corporations) of the Pennsylvania Consolidated |
2 | Statutes, making extensive revisions to provisions on gaming, |
3 | in the areas of legislative intent, definitions, the |
4 | Pennsylvania Gaming Control Board, applicability of other |
5 | statutes, powers of the board, code of conduct, expenses of |
6 | regulatory agencies, licensed gaming entity application |
7 | appeals from board, license or permit application hearing |
8 | process and public hearings, board minutes and records, |
9 | regulatory authority, collection of fees and fines, slot |
10 | machine license fee, number of slot machines, reports of |
11 | board, diversity goals of board, license or permit |
12 | prohibition, specific authority to suspend slot machine |
13 | license, Category 2 slot machine license, Category 3 slot |
14 | machine license, number of slot machine licenses, |
15 | applications for license or permit, slot machine license |
16 | application, slot machine license application character |
17 | requirements, supplier licenses, manufacturer licenses, |
18 | gaming service provider, occupation permit application, |
19 | alternative manufacturer licensing standards, alternative |
20 | supplier licensing standards, additional licenses and permits |
21 | and approval of agreements, license renewals, change in |
22 | ownership or control of slot machine licensee, nonportability |
23 | of slot machine license, appointment of trustee, table games, |
24 | slot machine licensee deposits, gross terminal revenue |
25 | deductions, itemized budget reporting, establishment of State |
26 | Gaming Fund and net slot machine revenue distribution, |
27 | distributions from Pennsylvania Race Horse Development Fund, |
28 | Pennsylvania Gaming Economic Development and Tourism Fund, |
29 | transfers from State Gaming Fund, responsibility and |
30 | authority of Department of Revenue, wagering on credit, |
31 | eminent domain authority, compulsive and problem gambling |
32 | program, drug and alcohol treatment, labor hiring |
33 | preferences, declaration of exemption from Federal laws |
34 | prohibiting slot machines, financial and employment |
35 | interests, additional restrictions, political influence, |
36 | regulation requiring exclusion of certain persons, |
37 | prosecutorial and adjudicative functions, investigations and |
38 | enforcement, conduct of public officials and employees, |
39 | prohibited acts and penalties, report of suspicious |
40 | transactions, additional authority, applicability of Clean |
41 | Indoor Air Act, liquor licenses at licensed facilities, |
42 | interception of oral communications, electronic funds |
43 | transfer terminals, junkets, gaming schools and |
44 | appropriations; further providing for powers and duties of |
45 | the Commonwealth Financing Authority; and making related |
46 | repeals. |
47 | The General Assembly of the Commonwealth of Pennsylvania |
48 | hereby enacts as follows: |
49 | Section 1. Section 1102(11) of Title 4 of the Pennsylvania |
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1 | Consolidated Statutes is amended and the section is amended by |
2 | adding paragraphs to read: |
3 | § 1102. Legislative intent. |
4 | The General Assembly recognizes the following public policy |
5 | purposes and declares that the following objectives of the |
6 | Commonwealth are to be served by this part: |
7 | * * * |
8 | (10.1) The General Assembly has a compelling interest in |
9 | protecting the integrity of both the electoral process and |
10 | the legislative process by preventing corruption and the |
11 | appearance of corruption which may arise through permitting |
12 | campaign contributions by the gaming industry. |
13 | (11) It is necessary to maintain the integrity of the |
14 | regulatory control and legislative oversight over the |
15 | operation of slot machines in this Commonwealth; to prevent |
16 | the actual or appearance of corruption that may result from |
17 | [large] campaign contributions; ensure the bipartisan |
18 | administration of this part; and avoid actions that may erode |
19 | public confidence in the system of representative government. |
20 | (11.1) Completely banning political CAMPAIGN |
21 | contributions by certain individuals and entities subject to |
22 | this act is necessary to prevent corruption, or the |
23 | appearance of corruption, that may arise when politics and |
24 | gaming are intermingled. |
25 | Section 2. The definitions of "conviction," licensed entity" |
26 | and "slot machine licensee" in section 1103 of Title 4 are |
27 | amended and the section is amended by adding definitions to |
28 | read: |
29 | § 1103. Definitions. |
30 | The following words and phrases when used in this part shall |
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1 | have the meanings given to them in this section unless the |
2 | context clearly indicates otherwise: |
3 | * * * |
4 | "Conviction." A finding of guilt or a plea of guilty or nolo |
5 | contendere, whether or not a judgment of sentence has been |
6 | imposed as determined by the law of the jurisdiction in which |
7 | the prosecution was held. The term does not include a conviction |
8 | that has been expunged or overturned or for which an individual |
9 | has been pardoned or an order of Accelerated Rehabilitative |
10 | Disposition which has been issued. |
11 | * * * |
12 | "Executive-level public employee." The term shall include |
13 | the following: |
14 | (1) Deputy Secretaries of the Commonwealth and the |
15 | Governor's Office executive staff. |
16 | (2) An employee of the executive branch with |
17 | discretionary power which may affect or influence the outcome |
18 | of a State agency's action or decision and who is involved in |
19 | the development of regulations or policies relating to a |
20 | licensed entity or who is involved in other matters under |
21 | this part. The term shall include an employee with law |
22 | enforcement authority. |
23 | (3) An employee of a county or municipality with |
24 | discretionary powers which may affect or influence the |
25 | outcome of the county's or municipality's action or decision |
26 | and who is involved in the development of law, regulation or |
27 | policy relating to a licensed entity or who is involved in |
28 | other matters under this part. The term shall include an |
29 | employee with law enforcement authority. |
30 | (4) An employee of a department, agency, board, |
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1 | commission, authority or other governmental body not included |
2 | in paragraph (1), (2) or (3) with discretionary power which |
3 | may affect or influence the outcome of the governmental |
4 | body's action or decision and who is involved in the |
5 | development of regulation or policy relating to a licensed |
6 | entity or who is involved in other matters under this part. |
7 | The term shall include an employee with law enforcement |
8 | authority. |
9 | * * * |
10 | "Licensed entity[.]" or "licensee." Any slot machine |
11 | licensee, manufacturer licensee, supplier licensee or other |
12 | person licensed by the Pennsylvania Gaming Control Board under |
13 | this part. |
14 | "Licensed entity representative." A person acting on behalf |
15 | of or representing the interest of any applicant, licensee, |
16 | permittee or registrant, including an attorney, agent or |
17 | lobbyist, regarding any matter which may reasonably be expected |
18 | to come before the board. |
19 | * * * |
20 | ["Slot machine licensee." A person that holds a slot machine |
21 | license.] |
22 | * * * |
23 | "Trustee." A fiduciary appointed by the Pennsylvania Gaming |
24 | Control Board to preserve the viability of a licensed facility |
25 | and the integrity of gaming in this Commonwealth. |
26 | * * * |
27 | Section 3. Section 1201(b), (b.1), (f)(3), (h)(5), (7.1), |
28 | (10), (11), (13), (14) and (15) and (k) of Title 4 are amended, |
29 | subsection (h) is amended by adding paragraphs and the section |
30 | is amended by adding a subsection to read: |
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1 | § 1201. Pennsylvania Gaming Control Board established. |
2 | * * * |
3 | (b) Membership.-- |
4 | (1) The board shall consist of the following members: |
5 | [(1)] (i) Three members appointed by the Governor. |
6 | [(2)] (ii) One member appointed by each of the |
7 | following: |
8 | [(i)] (A) The President pro tempore of the |
9 | Senate. |
10 | [(ii)] (B) The Minority Leader of the Senate. |
11 | [(iii)] (C) The Speaker of the House of |
12 | Representatives. |
13 | [(iv)] (D) The Minority Leader of the House of |
14 | Representatives. |
15 | (2) The chairman of the Community, Economic and |
16 | Recreational Development Committee of the Senate may hold a |
17 | public hearing on an appointee under paragraph (1). |
18 | (b.1) Removal.--A member of the board shall serve at the |
19 | pleasure of the appointing authority and shall be removed from |
20 | office by the appointing authority: |
21 | (1) for misconduct in office, willful neglect of duty or |
22 | conduct evidencing unfitness for office or incompetence; or |
23 | (2) upon conviction of an offense graded as a felony, an |
24 | infamous crime, an offense under this part or an equivalent |
25 | offense under Federal law or the law of another jurisdiction. |
26 | * * * |
27 | (f) Qualified majority vote.-- |
28 | * * * |
29 | (3) Notwithstanding any other provision of this part or |
30 | 65 Pa.C.S. § 1103(j) (relating to restricted activities), a |
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1 | member shall disclose the nature of his disqualifying |
2 | interest, disqualify himself and abstain from voting in a |
3 | proceeding under this part in which his objectivity, |
4 | impartiality, integrity or independence of judgment may be |
5 | reasonably questioned, as provided in subsection (h)(6) or |
6 | section 1202.1(c)(3) (relating to code of conduct). If a |
7 | legislative appointee has disqualified himself, the qualified |
8 | majority shall consist of all of the remaining legislative |
9 | appointees and at least two gubernatorial appointees. |
10 | * * * |
11 | (h) Qualifications and restrictions.-- |
12 | * * * |
13 | (4.1) No member appointed after the effective date of |
14 | this paragraph shall engage in any business, employment or |
15 | vocation for which the member shall receive any COMPENSATION |
16 | OR remuneration except for an individual who is reappointed |
17 | and who is a member of the board on the effective date of |
18 | this paragraph. |
19 | (5) No member shall be paid or receive any fee or other |
20 | compensation other than salary and expenses provided by law |
21 | for any activity related to the duties or authority of the |
22 | board. [Nothing in this part shall prohibit a member from |
23 | engaging in any employment or receiving any compensation for |
24 | such employment that is not connected to or incompatible with |
25 | his service as a member of the board.] |
26 | * * * |
27 | (7.1) Prior to being sworn as a member, an appointee and |
28 | his immediate family shall divest any financial interest in |
29 | any applicant, licensed facility or licensed entity and in an |
30 | affiliate, intermediary, subsidiary or holding company |
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1 | thereof owned or held by the appointee or known to be held by |
2 | the appointee's immediate family. For the duration of the |
3 | member's term and for [one year] two years thereafter, the |
4 | member and the member's immediate family may not acquire a |
5 | financial interest in any applicant, licensed facility or |
6 | licensed entity or in an affiliate, intermediary, subsidiary |
7 | or holding company thereof. For purposes of this paragraph, |
8 | the term "immediate family" shall mean spouse and any minor |
9 | or unemancipated child. |
10 | * * * |
11 | (10) No former member may appear before the board in any |
12 | hearing or proceeding or participate in any other activity on |
13 | behalf of any applicant, licensed entity, or an affiliate, |
14 | intermediary, subsidiary or holding company thereof, or any |
15 | other licensee or permittee for a period of two years from |
16 | the termination of term of office. |
17 | (11) No member, employee or independent contractor of |
18 | the board shall accept a complimentary service, wager or be |
19 | paid any prize from any wager at any licensed facility within |
20 | this Commonwealth or at any other facility outside this |
21 | Commonwealth which is owned or operated by a licensed gaming |
22 | entity or any of its affiliates, intermediaries, subsidiaries |
23 | or holding companies thereof for the duration of their term |
24 | of office, employment or contract with the board and for a |
25 | period of [one year] two years from the termination of term |
26 | of office, employment or contract with the board. The |
27 | provisions of this paragraph prohibiting wagering during the |
28 | term of employment shall not apply to employees [who] when |
29 | the employees utilize slot machines for testing purposes or |
30 | to verify the performance of a machine as part of an |
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1 | enforcement investigation. |
2 | * * * |
3 | (13) No employee of the board [or individual employed by |
4 | an independent contractor of the board] whose duties |
5 | substantially involve licensing[,] or enforcement [or], the |
6 | development or adoption of laws, regulations or policy or who |
7 | has other discretionary authority which may affect the |
8 | outcome of an action or decision under this part, including |
9 | the executive director, bureau directors and attorneys, shall |
10 | do any of the following: |
11 | (i) [accept] Accept employment with or be retained |
12 | by an applicant or licensed entity, or an affiliate, |
13 | intermediary, subsidiary or holding company thereof, for |
14 | a period of [one year] two years after the termination of |
15 | the employment relating to the conduct of gaming [or |
16 | contract with the board; or]. |
17 | (ii) [appear] Appear before the board in any hearing |
18 | or proceeding or participate in any other activity on |
19 | behalf of any applicant, licensee, permittee or licensed |
20 | entity, or an affiliate, intermediary, subsidiary or |
21 | holding company thereof, for a period of two years after |
22 | termination of the employment [or contract with the |
23 | board]. |
24 | (iii) As a condition of employment, an employee |
25 | under this paragraph shall sign an affidavit that the |
26 | employee will not accept employment with or be retained |
27 | by any applicant, licensed entity or an affiliate, |
28 | intermediary, subsidiary or holding company thereof for a |
29 | period of two years from the termination of employment. |
30 | An applicant or licensed entity or an affiliate, |
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1 | intermediary, subsidiary or holding company thereof shall |
2 | not employ or retain an individual who signed an |
3 | affidavit signed under this subparagraph. An applicant or |
4 | licensed entity or an affiliate, intermediary, subsidiary |
5 | or holding company that knowingly employs or retains an |
6 | individual in violation of this subparagraph shall be |
7 | subject to a penalty under section 1518(c) (relating to |
8 | prohibited acts; penalties). |
9 | (13.1) No independent contractor or individual employed |
10 | by an independent contractor of the board whose duties |
11 | substantially involve consultation relating to licensing, |
12 | enforcement or the development or adoption of regulations or |
13 | policy under this part shall: |
14 | (i) Accept employment with or be retained by an |
15 | applicant or a licensed entity or an affiliate, |
16 | intermediary, subsidiary or holding company thereof for a |
17 | period of one year after the termination of the contract |
18 | with the board. |
19 | (ii) Appear before the board in any hearing or |
20 | proceeding or participate in any other activity on behalf |
21 | of an applicant, licensee, permittee or licensed entity |
22 | or an affiliate, intermediary, subsidiary or holding |
23 | company of an applicant, licensee, permittee or licensed |
24 | entity for a period of two years after termination of the |
25 | contract with the board. |
26 | (iii) As a condition of a contract, an independent |
27 | contractor or individual employed by an independent |
28 | contractor of the board under this paragraph shall sign |
29 | an affidavit to not accept employment with or be retained |
30 | by any applicant, licensed entity or an affiliate, |
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1 | intermediary, subsidiary or holding company of an |
2 | applicant, licensed entity or affiliate for a period of |
3 | one year from the termination of employment. A licensed |
4 | entity or an affiliate, intermediary, subsidiary or |
5 | holding company of an applicant, licensed entity or |
6 | affiliate shall not employ or retain an individual who |
7 | signed an affidavit signed under this subparagraph. A |
8 | licensed entity or an affiliate, intermediary, subsidiary |
9 | or holding company thereof that knowingly employs or |
10 | retains an individual in violation of this subparagraph |
11 | shall be subject to a penalty under section 1518(c). |
12 | (14) Upon the written request of an employee of the |
13 | board, the executive branch of the Commonwealth or a |
14 | political subdivision or of the agency or political |
15 | subdivision employing an employee, the State Ethics |
16 | Commission shall determine whether the individual's duties |
17 | substantially involve the development or adoption of laws, |
18 | regulations or policy, licensing or enforcement under this |
19 | part or other discretionary authority which may affect the |
20 | outcome of an action or decision under this part and shall |
21 | provide a written determination to the employee to include |
22 | any prohibition under this paragraph. An individual who |
23 | relies in good faith on a determination under this paragraph |
24 | shall not be subject to any penalty for an action taken, |
25 | provided that all material facts set forth in the request for |
26 | a determination are correct. |
27 | (15) If a member[, employee or independent contractor] |
28 | of the board violates any provision of this section, the |
29 | appointing authority [or the board may, upon notice and |
30 | hearing,] may remove the person from the board[, withdraw the |
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1 | appointment or]. A member removed under this paragraph shall |
2 | be prohibited from future appointment to the board and shall |
3 | be prohibited from applying for a license or permit, from |
4 | becoming an independent contractor of the board, or |
5 | registering as a licensed entity representative for a period |
6 | of five years from the date of removal from the board. If an |
7 | employee or independent contractor of the board violates any |
8 | provision of this section, the board may, upon notice and |
9 | hearing, terminate the employment or contract, and the person |
10 | shall be ineligible for future [appointment,] employment or |
11 | contract with the board and [for approval of a license or |
12 | permit under this part for a period of two years thereafter] |
13 | shall be prohibited from applying for a license or permit, |
14 | becoming an independent contractor or registering as a |
15 | licensed entity representative for a period of five years |
16 | from the date of termination of the employment or contract. |
17 | * * * |
18 | (k) Appointments.--[The appointing authorities] Following |
19 | the initial appointment of members under subsection (b), the |
20 | appointing authority shall make [their initial] appointments |
21 | within 60 days of [the effective date of this part] a vacancy in |
22 | an office. No appointment shall be final until receipt by the |
23 | appointing authority of the required background investigation of |
24 | the appointee by the Pennsylvania State Police which shall be |
25 | completed within 30 days. No person who has been convicted in |
26 | any domestic or foreign jurisdiction of a felony, infamous crime |
27 | or gaming offense shall be appointed to the board. |
28 | * * * |
29 | (m.1) Budgetary impasse.--If, in the event of a budgetary or |
30 | other fiscal crisis, the Governor implements a system in order |
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1 | to ORDERS THE furlough OF employees or close THE CLOSING OF any |
2 | Commonwealth agency, the board and its employees and all |
3 | employees of the Department of Revenue, the Pennsylvania State |
4 | Police and the Office of Attorney General whose duties involve |
5 | the regulation and oversight of gaming under this part shall not |
6 | be subject to furlough but shall continue to perform their |
7 | duties. |
8 | * * * |
9 | Section 4. Section 1202(a)(4) and (b)(7), (23) and (30) of |
10 | Title 4 are amended and subsections (a) and (b) are amended by |
11 | adding paragraphs to read: |
12 | § 1202. General and specific powers. |
13 | (a) General powers.-- |
14 | * * * |
15 | [(4) The board shall establish a system of |
16 | classification and compensation of its employees and shall |
17 | not be subject to the provisions of the act of April 9, 1929 |
18 | (P.L.177, No.175), known as The Administrative Code of 1929, |
19 | as to classification and compensation for its employees and |
20 | conduct its activities consistent with the practices and |
21 | procedures of Commonwealth agencies.] |
22 | (4.1) Within 90 days of the effective date of this |
23 | paragraph, the board shall establish a system of |
24 | classification and compensation of its employees and shall be |
25 | subject to the provisions of the act of April 9, 1929 |
26 | (P.L.177, No.175), known as The Administrative Code of 1929, |
27 | as to classification and compensation for its employees and |
28 | conduct its activities consistent with the practices and |
29 | procedures of Commonwealth agencies. The provisions of this |
30 | paragraph shall apply to employees hired after the effective |
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1 | date of this paragraph. Nothing in this paragraph shall |
2 | prevent the board from altering a system, or establishing a |
3 | new system, of classification or compensation for employees |
4 | hired prior to the effective date of this section. |
5 | * * * |
6 | (b) Specific powers.--The board shall have the specific |
7 | power and duty: |
8 | * * * |
9 | (7) To administer oaths, examine witnesses and issue |
10 | subpoenas compelling the attendance of witnesses or the |
11 | production of documents and records or other evidence[. The |
12 | provisions of this paragraph shall apply to designated |
13 | officers and employees.], or to designate officers or |
14 | employees to perform these duties. |
15 | (7.1) To order a person to answer a question or produce |
16 | evidence of any kind. If, in the course of an investigation |
17 | or hearing conducted under this part, a person refuses to |
18 | answer a question or to produce evidence on the grounds that |
19 | the answer or evidence will expose the person to criminal |
20 | prosecution, the board may adopt a resolution recommending a |
21 | grant of immunity that includes the specific question to be |
22 | posed or information or evidence being sought from the person |
23 | as follows: |
24 | (i) The resolution shall be submitted to the |
25 | Attorney General for approval or disapproval within 20 |
26 | days of receipt of the resolution. Upon the written |
27 | approval of the Attorney General, the board may issue an |
28 | order to compel the person to answer or produce evidence |
29 | with immunity. |
30 | (ii) If the person who is the subject of the |
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1 | immunity order provides the answer or evidence, the |
2 | person shall be immune from criminal prosecution based on |
3 | the answer or evidence that was the subject of the |
4 | immunity order. |
5 | (iii) The person may be prosecuted for perjury |
6 | committed in the answer or production of evidence or held |
7 | in contempt for failing to give an answer or produce |
8 | evidence in accordance with the order. The answer or |
9 | evidence shall be admissible only against the person in a |
10 | criminal investigation, or a trial or other proceeding |
11 | for perjury or contempt. |
12 | (iv) Immunity under this paragraph shall not |
13 | preclude the use of any other remedy or sanction |
14 | authorized by law. |
15 | * * * |
16 | (23) The board shall not issue or renew a license or |
17 | permit unless it is satisfied that the applicant has |
18 | demonstrated by clear and convincing evidence that the |
19 | applicant is a person of good character, honesty and |
20 | integrity and is a person whose prior activities, criminal |
21 | record, if any, reputation, habits and associations do not |
22 | pose a threat to the public interest or the effective |
23 | regulation and control of slot machine operations or create |
24 | or enhance the danger of unsuitable, unfair or illegal |
25 | practices, methods and activities in the conduct of slot |
26 | machine operations or the carrying on of the business and |
27 | financial arrangements incidental thereto. |
28 | * * * |
29 | (30) To promulgate rules and regulations necessary for |
30 | the administration and enforcement of this part, including |
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1 | regulations in cooperation with the Pennsylvania Liquor |
2 | Control Board and regulations relating to the sale and |
3 | service of liquor and malt and brewed beverages by licensees. |
4 | [Except as provided in section 1203 (relating to temporary |
5 | regulations), regulations] Regulations shall be adopted |
6 | pursuant to the act of July 31, 1968 (P.L.769, No.240), |
7 | referred to as the Commonwealth Documents Law, and the act of |
8 | June 25, 1982 (P.L.633, No.181), known as the Regulatory |
9 | Review Act. |
10 | (31) To collect and post information on its Internet |
11 | website with sufficient detail to inform the public of the |
12 | controlling interest or ownership interest of an applicant |
13 | for a slot machine license or a licensed gaming entity or |
14 | affiliate, intermediary, subsidiary or holding company |
15 | thereof. The posting shall include: |
16 | (i) The names of all persons with a controlling |
17 | interest in a publicly traded domestic or foreign |
18 | corporation, partnership, limited liability company or |
19 | other legal entity. |
20 | (ii) The names of all persons who own a financial |
21 | equity share or interest with an ownership interest equal |
22 | to or greater than 1% of a privately held domestic or |
23 | foreign corporation, partnership, limited liability |
24 | company or other legal entity. |
25 | (iii) The name of a trustee entitled to cast the |
26 | vote of a person under subparagraph (i) or (ii). |
27 | (iv) The names of all officers, directors, |
28 | principals and key employees of a licensed gaming entity. |
29 | (32) To appoint a trustee as prescribed in section 1332 |
30 | (relating to appointment of trustee) to act on behalf of the |
|
1 | Commonwealth and the board to operate a licensed facility and |
2 | ensure compliance with this part. |
3 | Section 5. Section 1202.1 of Title 4 is amended to read: |
4 | § 1202.1. Code of conduct. |
5 | (a) Scope.--The board shall adopt a comprehensive code of |
6 | conduct prior to the consideration of any license, permit or |
7 | registration application. The code of conduct shall supplement |
8 | all other requirements under this part and 65 Pa.C.S. Pt. II |
9 | (relating to accountability) and shall provide guidelines |
10 | applicable to members, employees, independent contractors of the |
11 | board and the immediate families of the members, as defined in |
12 | subsection (e), employees and independent contractors to enable |
13 | them to avoid any perceived or actual conflict of interest and |
14 | to promote public confidence in the integrity and impartiality |
15 | of the board. At a minimum, the code of conduct adopted under |
16 | this section shall include registration of licensed entity |
17 | representatives under subsection (b) and the restrictions under |
18 | [subsection (c)] subsections (c) and (c.1). |
19 | (b) Registration.-- |
20 | (1) A licensed entity representative shall register with |
21 | the board in a manner prescribed by the board, which shall |
22 | include the name, employer or firm, address, telephone number |
23 | of both the licensed entity representative and the [licensed |
24 | entity] applicant, licensee, permittee or registrant or |
25 | individual being represented. |
26 | (2) A licensed entity representative shall have an |
27 | [ongoing] affirmative duty to update its registration |
28 | information on an ongoing basis. |
29 | (3) The [registration list] board shall maintain a |
30 | registration list which shall contain the information |
|
1 | required under paragraph (1) and which shall be available for |
2 | public inspection at the offices of the board and on the |
3 | board's Internet website. |
4 | (c) Restrictions.--A member of the board shall: |
5 | (1) Not engage in any ex parte communication with any |
6 | person. |
7 | (2) Not accept any discount, gift, gratuity, |
8 | compensation, travel, lodging or other thing of value, |
9 | directly or indirectly, from any applicant, [licensee,] |
10 | licensed entity, including any affiliate, subsidiary, |
11 | intermediary or holding company thereof, permittee, |
12 | registrant or licensed entity representative thereof. |
13 | (3) Disclose and [disqualify] recuse himself from any |
14 | hearing or other proceeding in which the member's |
15 | objectivity, impartiality, integrity or independence of |
16 | judgment may be reasonably questioned due to the member's |
17 | relationship or association with a party connected to any |
18 | hearing or proceeding or a person appearing before the board. |
19 | (4) Refrain from any financial or business dealing which |
20 | would tend to reflect adversely on the member's objectivity, |
21 | impartiality or independence of judgment. |
22 | (5) Not hold or campaign for public office, hold an |
23 | office in any political party or political committee as |
24 | defined in section 1513(d)(relating to political influence), |
25 | contribute to or solicit contributions to a political |
26 | campaign, [party,] political party, political committee or |
27 | candidate, publicly endorse a candidate or actively |
28 | participate in a political campaign. |
29 | (6) Not solicit funds for any charitable, educational, |
30 | religious, health, fraternal, civic or other nonprofit entity |
|
1 | from an applicant, licensed entity or affiliate, subsidiary, |
2 | intermediary or holding company of a licensed entity, |
3 | interested party, permittee or licensed entity |
4 | representative. [A] Unless prohibited under § 1201(h)(4.1) |
5 | (relating to Pennsylvania Gaming Control Board established), |
6 | a board member may serve as an officer, employee or member of |
7 | the governing body of a nonprofit entity and may attend, make |
8 | personal contributions to and plan or preside over the |
9 | entity's fundraising events. A board member may permit his |
10 | name to appear on the letterhead used for fundraising events |
11 | if the letterhead contains only the board member's name and |
12 | position with the nonprofit entity. |
13 | (7) Not meet or engage in discussions with any |
14 | applicant, [person licensed under this part] licensed entity, |
15 | permittee, [or a] licensed entity representative or person |
16 | who provides goods, property or services to a slot machine |
17 | licensee unless the meeting or discussion occurs on the |
18 | business premises of the board and is recorded in a log |
19 | maintained for this purpose. The log shall be available for |
20 | public inspection during the regular business hours of the |
21 | board and shall be posted on the board's Internet website. |
22 | The log shall include the date and time of the meeting or |
23 | discussion, the names of the participants and the subject |
24 | matter discussed. The provisions of this paragraph shall not |
25 | apply to meetings [of the board] to consider matters |
26 | requiring the physical inspection of the equipment or |
27 | premises of an applicant or a licensed entity at [their] the |
28 | location of the licensed facility. |
29 | (8) Avoid impropriety and the appearance of impropriety |
30 | at all times and observe standards and conduct that promote |
|
1 | public confidence in the oversight of gaming. |
2 | (9) Comply with any other laws, rules or regulations |
3 | relating to the conduct of a member. |
4 | (c.1) Prohibitions.-- |
5 | (1) No member or attorney of the Office of Chief Counsel |
6 | advising the board on a particular licensing issue or |
7 | proceeding or employee whose duties relate to licensing and |
8 | who is advising the board on a particular licensing issue or |
9 | proceeding shall engage in any ex parte communication with |
10 | any person. |
11 | (2) No attorney representing the bureau or the Office of |
12 | Enforcement Counsel or an applicant, licensee or permittee in |
13 | any proceeding shall engage in an ex parte communication with |
14 | a member, an attorney of the Office of Chief Counsel advising |
15 | the board on a proceeding or a hearing officer of the board. |
16 | (3) No employee of the bureau or the Office of |
17 | Enforcement Counsel who is involved in a proceeding shall |
18 | engage in an ex parte communication with a member, an |
19 | attorney of the Office of Chief Counsel who is advising the |
20 | board on the proceeding or a hearing officer of the board. |
21 | (c.2) Procedures relating to ex parte communications.-- |
22 | (1) An ex parte communication received or engaged in by |
23 | a board member, employee or hearing officer shall be recorded |
24 | in a log maintained for this purpose. The log shall be |
25 | available for public inspection during the regular business |
26 | hours of the board and shall be posted on the board's |
27 | Internet website. The LOG SHALL INCLUDE: |
28 | (I) The individual recording the ex parte |
29 | communication. shall include: |
30 | (i) (ii) The date and time of the ex parte |
|
1 | communication. |
2 | (ii) The name of any other individual (iii) The |
3 | names of all individuals involved in the ex parte |
4 | communication. |
5 | (iii) (iv) The subject matter and substance of the |
6 | ex parte communication. |
7 | (2) In addition to documenting an ex parte communication |
8 | under paragraph (1), notification and an opportunity to |
9 | respond shall be provided to the following as follows: |
10 | (i) A board member or employee shall promptly notify |
11 | the board and all persons directly affected by the |
12 | anticipated vote or action of the board of the substance |
13 | of the communication. |
14 | (ii) A hearing officer shall promptly notify the |
15 | board and all parties to the proceeding before the |
16 | hearing officer of the substance of the communication. |
17 | (3) (i) A board member, employee or hearing officer who |
18 | received or engaged in an ex parte communication shall |
19 | recuse himself from any hearing or other proceeding |
20 | related to the ex parte communication if the context and |
21 | substance of the ex parte communication creates |
22 | substantial reasonable doubt as to the individual's |
23 | ability to act objectively, independently or impartially. |
24 | (ii) A board member, employee or hearing officer who |
25 | elects not to recuse himself based on an ex parte |
26 | communication shall state his reasons for doing so on the |
27 | record prior to the commencement of the hearing or |
28 | proceeding. |
29 | (iii) If a legislative appointee recuses himself |
30 | from any hearing or other proceeding under this section, |
|
1 | any qualified majority vote required under this part |
2 | shall consist of all of the remaining legislative |
3 | appointees and at least two gubernatorial appointees. |
4 | (iv) Failure of a hearing officer or employee to |
5 | recuse himself from a hearing or other proceeding due to |
6 | receipt of an ex parte communication under this section |
7 | shall be grounds for appeal to the board of the failure |
8 | to recuse. |
9 | (v) Failure of a board member to recuse himself from |
10 | a hearing or other proceeding due to receipt of an ex |
11 | parte communication under this section shall be grounds |
12 | for appeal of a decision to a court of competent |
13 | jurisdiction if the board action being appealed would not |
14 | have occurred without the participation of the board |
15 | member who received the ex parte communication. |
16 | (d) Ex officio members.--The restrictions under subsection |
17 | (c)(5) shall not apply to ex officio members. |
18 | (e) Definitions.--As used in this section, the following |
19 | words and phrases shall have the meanings given to them in this |
20 | subsection: |
21 | "Ex parte communication." An off-the-record communication |
22 | engaged in or received by a member [or], employee or hearing |
23 | officer of the board regarding the merits of or any fact in |
24 | issue relating to a pending matter before the board or which may |
25 | reasonably be expected to come before the board in a contested |
26 | on-the-record proceeding. The term shall not include off-the- |
27 | record communications by or between a member [or], employee or |
28 | hearing officer of the board, Department of Revenue, |
29 | Pennsylvania State Police, Attorney General or other law |
30 | enforcement official prior to the beginning of the proceeding |
|
1 | solely for the purpose of seeking clarification or correction to |
2 | evidentiary materials intended for use in the proceedings. |
3 | "Immediate family." The spouse, parents, children and |
4 | siblings and the spouses of any of those individuals. |
5 | ["Licensed entity representative." A person acting on behalf |
6 | of or representing the interest of any applicant, licensee, |
7 | permittee or registrant, including an attorney, agent or |
8 | lobbyist, regarding any matter which may reasonably be expected |
9 | to come before the board.] |
10 | Section 6. Title 4 is amended by adding a section to read: |
11 | § 1202.2. Expenses of the Pennsylvania Gaming Control Board. |
12 | Members and employees of the board shall only be reimbursed |
13 | for actual and reasonable expenses incurred during the |
14 | performance of their duties. In order to receive reimbursement |
15 | for an expense in excess of $10, the member or employee shall |
16 | submit a receipt validating the expense incurred. |
17 | Reimbursements, allowances or other payments in an amount |
18 | greater than the expenses for which receipts are submitted are |
19 | prohibited. Receipts and requests for reimbursement shall be |
20 | financial records for purposes of the act of February 14, 2008 |
21 | (P.L.6, No.3), known as the Right-to-Know Law. |
22 | Section 7. Section 1205(b)(1) and (2) of Title 4 are amended |
23 | and the subsection is amended by adding paragraphs to read: |
24 | § 1205. License or permit application hearing process; public |
25 | input hearings. |
26 | * * * |
27 | (b) Public input hearing requirement.-- |
28 | (1) [Prior to licensing a facility under this part, the |
29 | board shall hold at least one public input hearing on the |
30 | matter.] The board shall hold at least one public input |
|
1 | hearing prior to: |
2 | (i) Licensing a facility. |
3 | (ii) Approving the structural redesign of a licensed |
4 | facility located in a city of the first class. |
5 | (2) All public input hearings [relating to an |
6 | application for a slot machine license] under paragraph (1) |
7 | shall be held in the municipality where the licensed facility |
8 | will be, or is, located and shall be organized in cooperation |
9 | with the municipality. |
10 | * * * |
11 | (4) In addition to any witnesses scheduled to testify |
12 | under paragraph (3), the board shall establish a public |
13 | comment period during which time members of the public may |
14 | address the board regarding the proposed license or |
15 | structural redesign under paragraph (1). The board, in its |
16 | discretion, may place reasonable time limits on an |
17 | individual's comments. |
18 | Section 8. Sections 1206(f), 1207(4), 1208(1)(i) and (ii) |
19 | and 1209(b) of Title 4 are amended to read: |
20 | § 1206. Board minutes and records. |
21 | * * * |
22 | (f) Confidentiality of information.--[All] |
23 | (1) The following information submitted by an applicant |
24 | or licensee pursuant to section 1310(a) (relating to slot |
25 | machine license application character requirements) or |
26 | 1308(a.1) (relating to applications for license or permit) or |
27 | obtained by the board or the bureau as part of a background |
28 | or other investigation from any source shall be [considered] |
29 | confidential[.] and withheld from public disclosure: |
30 | (i) All information relating to good character, |
|
1 | honesty and integrity, including family, habits, |
2 | reputation, history of criminal activity, business |
3 | activities, financial affairs and business, professional |
4 | and personal associations submitted under section 1310(a) |
5 | or 1308(a.1) or otherwise obtained by the board or the |
6 | bureau. |
7 | (ii) Nonpublic personal information, including |
8 | telephone numbers, Social Security numbers, educational |
9 | records, memberships, medical records, tax returns and |
10 | declarations, actual or proposed compensation, financial |
11 | account records, creditworthiness or a financial |
12 | condition relating to an applicant, licensee or permittee |
13 | or the immediate family thereof. |
14 | (iii) Documents and information relating to |
15 | proprietary information, trade secrets, patents or |
16 | exclusive licenses, architectural and engineering plans |
17 | and information relating to competitive marketing |
18 | materials and strategies, which may include customer- |
19 | identifying information or customer prospects for |
20 | services subject to competition. |
21 | (iv) Security information, including risk prevention |
22 | plans, detection and countermeasures, location of count |
23 | rooms, emergency management plans, security and |
24 | surveillance plans, equipment and usage protocols and |
25 | theft and fraud prevention plans and countermeasures. |
26 | (v) Information with respect to which there is a |
27 | reasonable possibility that public release or inspection |
28 | of the information would constitute an unwarranted |
29 | invasion into personal privacy of any individual as |
30 | determined by the board. |
|
1 | (vi) Records of an applicant or licensee not |
2 | required to be filed with the Securities and Exchange |
3 | Commission by issuers that either have securities |
4 | registered under section 12 of the Securities Exchange |
5 | Act of 1934 (48 Stat. 881, 15 U.S.C. § 78a et seq.) or |
6 | are required to file reports under section 15(d) of the |
7 | Securities Exchange Act of 1934. |
8 | (vii) Records considered nonpublic matters or |
9 | information by the Securities and Exchange Commission as |
10 | provided by 17 CFR 200.80 (relating to commission records |
11 | and information). |
12 | (viii) Any financial information deemed confidential |
13 | by the board upon a showing of good cause by the |
14 | applicant or licensee. |
15 | (2) No claim of confidentiality shall be made regarding |
16 | any information from a criminal history record check that is |
17 | available to the public under 18 Pa.C.S. Ch. 91 (relating to |
18 | criminal history record information) or § 9121(b) (relating |
19 | to noncriminal justice agencies and individuals). |
20 | (3) This subsection shall not apply to any information |
21 | that is otherwise publicly available in this Commonwealth or |
22 | another jurisdiction. |
23 | (2) (4) Except as provided in section 1517(f) (relating |
24 | to [investigation] investigations and enforcement), the |
25 | confidential information shall be withheld from public |
26 | disclosure in whole or in part, except that any confidential |
27 | information shall be released upon the lawful order of a |
28 | court of competent jurisdiction or, with the approval of the |
29 | Attorney General, to a duly authorized law enforcement agency |
30 | or shall be released to the public, in whole or in part, to |
|
1 | the extent that such release is requested by an applicant and |
2 | does not otherwise contain confidential information about |
3 | another person. |
4 | (3) (5) The board may seek a voluntary waiver of |
5 | confidentiality from an applicant or licensed entity but may |
6 | not require any applicant or licensed entity to waive any |
7 | confidentiality provided for in this subsection as a |
8 | condition for the approval of a license or any other action |
9 | of the board. Any [person who violates this subsection] |
10 | current or former board member employee or contractor who |
11 | publicly discloses confidential information in violation of |
12 | this subsection commits a misdemeanor and shall be |
13 | administratively disciplined by discharge, suspension, |
14 | termination of contract or other formal disciplinary action |
15 | as the board deems appropriate. |
16 | * * * |
17 | § 1207. Regulatory authority of board. |
18 | The board shall have the power and its duties shall be to: |
19 | * * * |
20 | (4) Require that each licensed entity provide to the |
21 | board its audited annual financial statements, with such |
22 | additional detail as the board from time to time shall |
23 | require, which information shall be submitted not later than |
24 | [60] 90 days after the end of the licensee's fiscal year. |
25 | * * * |
26 | § 1208. Collection of fees and fines. |
27 | The board has the following powers and duties: |
28 | (1) To levy and collect fees from the various |
29 | applicants, licensees and permittees to fund the operations |
30 | of the board. The fees shall be deposited into the State |
|
1 | Gaming Fund as established in section 1403 (relating to |
2 | establishment of State Gaming Fund and net slot machine |
3 | revenue distribution) and distributed to the board upon |
4 | appropriation by the General Assembly. In addition to the |
5 | fees set forth in sections 1209 (relating to slot machine |
6 | license fee) and 1305 (relating to Category 3 slot machine |
7 | license), the board shall assess and collect fees as follows: |
8 | (i) Supplier licensees shall pay a fee of $25,000 |
9 | upon the issuance of a license and $10,000 for the annual |
10 | renewal of a supplier license. When the renewal period |
11 | under section 1317(c)(1) (relating to supplier licenses) |
12 | is three years, the fee shall be $30,000 for the renewal. |
13 | (ii) Manufacturer licensees shall pay a fee of |
14 | $50,000 upon the issuance of a license and $25,000 for |
15 | the annual renewal of a manufacturer license. When the |
16 | renewal period under section 1317.1(c)(1) (relating to |
17 | manufacturer licenses) is three years, the fee shall be |
18 | $75,000 for the renewal. |
19 | * * * |
20 | § 1209. Slot machine license fee. |
21 | * * * |
22 | (b) Term.--A slot machine license, after payment of the fee, |
23 | shall be in effect unless suspended, revoked or not renewed by |
24 | the board upon good cause consistent with the license |
25 | requirements as provided for in this part. Slot machine |
26 | licensees shall be required to update the information in their |
27 | initial applications annually, and the license of a licensee in |
28 | good standing shall be updated and renewed annually for two |
29 | subsequent years following the initial license issuance. |
30 | Thereafter, license renewals shall be every three years. As to |
|
1 | the renewal of a license, no additional license fee pursuant to |
2 | subsection (a) shall be required. |
3 | * * * |
4 | Section 9. Section 1211 of Title 4 is amended by adding a |
5 | subsection to read: |
6 | § 1211. Reports of board. |
7 | * * * |
8 | (a.1) Expenses.--Beginning 30 days after the effective date |
9 | of this subsection, the board shall post by the fifteenth of |
10 | each month on its Internet website a list of all its itemized |
11 | expenses of employees and members for the preceding month. The |
12 | list shall identify the nature of the expense and the employee |
13 | or board member to which an expense is attributable. The list |
14 | shall include each expense for which a receipt is submitted to |
15 | obtain reimbursement. If the expense is directly attributable to |
16 | or paid by a licensed facility, the list shall identify the |
17 | facility. By October 1 of each year, a final report of all |
18 | expenses for the preceding fiscal year shall be posted on the |
19 | board's Internet website and shall be transmitted to the |
20 | Appropriations Committee of the Senate, the Community, Economic |
21 | and Recreational Development Committee of the Senate, the |
22 | Appropriations Committee of the House of Representatives and the |
23 | Gaming Oversight Committee of the House of Representatives. |
24 | * * * |
25 | Section 10. Section 1213 of Title 4 is amended to read: |
26 | § 1213. License or permit prohibition. |
27 | (1) [No applicant for a license or permit under this |
28 | part, including principals and key employees,] The board |
29 | shall be prohibited from granting a principal license or key |
30 | employee license to a person who has been convicted of a |
|
1 | felony [or gambling offense] in any jurisdiction [shall be |
2 | issued a license or permit unless 15 years has elapsed from |
3 | the date of expiration of the sentence for the offense]. |
4 | (2) [When determining whether to issue a license or |
5 | permit to an applicant who has been convicted in any |
6 | jurisdiction of a felony or gambling offense,] In addition to |
7 | the prohibition under paragraph (1), the board shall be |
8 | prohibited from granting the following: |
9 | (i) A principal license or key employee license to a |
10 | person who has been convicted of a gambling offense in |
11 | any jurisdiction that is not classified as a felony |
12 | unless 15 years has elapsed from the date of the |
13 | expiration of the sentence for the offense. |
14 | (ii) A gaming employee permit or license other than |
15 | a principal license or key employee license to a person |
16 | who has been convicted of a felony or gambling offense in |
17 | any jurisdiction unless 15 years has elapsed from the |
18 | date of the expiration of the sentence for the offense. |
19 | (3) In determining whether to issue a license or permit |
20 | under paragraph (2), the board shall consider the following |
21 | factors: |
22 | [(1)] (i) The nature and duties of the applicant's |
23 | position with the licensed entity. |
24 | [(2)] (ii) The nature and seriousness of the offense |
25 | or conduct. |
26 | [(3)] (iii) The circumstances under which the |
27 | offense or conduct occurred. |
28 | [(4)] (iv) The age of the applicant when the offense |
29 | or conduct was committed. |
30 | [(5)] (v) Whether the offense or conduct was an |
|
1 | isolated or a repeated incident. |
2 | [(6)] (vi) Any evidence of rehabilitation, including |
3 | good conduct in the community, counseling or psychiatric |
4 | treatment received and the recommendation of persons who |
5 | have substantial contact with the applicant. |
6 | Section 10.1. Section 1308 of Title 4 is amended by adding a |
7 | subsection to read: |
8 | § 1308. Applications for license or permit. |
9 | * * * |
10 | (a.1) Submission of information.--Notwithstanding the |
11 | provisions of 18 Pa.C.S. § 9124(b) (relating to use of records |
12 | by licensing agencies), an application for a license or permit |
13 | under this part shall include all arrests and convictions of the |
14 | applicant, including summary offenses. The information shall |
15 | include: |
16 | (1) A brief description of the circumstances surrounding |
17 | the arrest. |
18 | (2) The specific offense charged. |
19 | (3) The ultimate disposition of the charges, including |
20 | the details of any dismissal, plea bargain, conviction or |
21 | sentence, including any pardon, expungement or order of |
22 | Accelerated Rehabilitative Disposition. |
23 | * * * |
24 | Section 10.2. Sections 1310, 1317(c)(1), 1317.1(c)(1), |
25 | 1321(a)(2), 1326(a), 1328(b) 1328(A)(1) and (B) and 1329 of |
26 | Title 4 are amended to read: |
27 | § 1310. Slot machine license application character |
28 | requirements. |
29 | (a) Application.-- |
30 | (1) Every application for a slot machine license shall |
|
1 | include such information, documentation and assurances as may |
2 | be required to establish by clear and convincing evidence the |
3 | applicant's suitability, including good character, honesty |
4 | and integrity. Information shall include, without limitation, |
5 | information pertaining to family, habits, character, |
6 | reputation, criminal history background, business activities, |
7 | financial affairs and business, professional and personal |
8 | associates, covering at least the ten-year period immediately |
9 | preceding the filing date of the application. |
10 | (2) Notwithstanding 18 Pa.C.S. § 9124(b) (relating to |
11 | use of records by licensing agencies), a conviction that has |
12 | been expunged or overturned, or for which a person has been |
13 | pardoned or an order of Accelerated Rehabilitative |
14 | Disposition has been issued, shall be included with an |
15 | application and shall be considered by the board as part of |
16 | the review of the applicant's suitability under paragraph |
17 | (1). |
18 | (b) Civil judgments and law enforcement agency |
19 | information.--Each applicant shall notify the board of any civil |
20 | judgments obtained against the applicant pertaining to antitrust |
21 | or security regulation laws of the Federal Government, this |
22 | Commonwealth or any other state, jurisdiction, province or |
23 | country. In addition, each applicant shall produce a letter of |
24 | reference from law enforcement agencies having jurisdiction in |
25 | the applicant's place of residence and principal place of |
26 | business, which letter of reference shall indicate that the law |
27 | enforcement agencies do not have any pertinent information |
28 | concerning the applicant or, if the law enforcement agency does |
29 | have information pertaining to the applicant, shall specify the |
30 | nature and content of that information. If no letters are |
|
1 | received within 30 days of the request, the applicant may submit |
2 | a statement under oath which is subject to the penalty for false |
3 | swearing under 18 Pa.C.S. § 4903 (relating to false swearing) |
4 | that the applicant is or was during the period the activities |
5 | were conducted in good standing with the gaming or casino |
6 | enforcement or control agency. |
7 | (c) Gaming or casino enforcement agency information.--If the |
8 | applicant has held a gaming license in a jurisdiction where |
9 | gaming activities are permitted, the applicant shall produce a |
10 | letter of reference from the gaming or casino enforcement or |
11 | control agency which shall specify the experiences of that |
12 | agency with the applicant, the applicant's associates and the |
13 | applicant's gaming operation. If no letters are received within |
14 | 30 days of the request, the applicant may submit a statement |
15 | under oath which is subject to the penalty for false swearing |
16 | under 18 Pa.C.S. § 4903 that the applicant is or was during the |
17 | period the activities were conducted in good standing with the |
18 | gaming or casino enforcement or control agency. |
19 | (d) Agency records.--Each applicant for a slot machine |
20 | license, principal license or key employee license shall be |
21 | required to apply to the Federal Government regarding agency |
22 | records under the Freedom of Information Act (Public Law 89-554, |
23 | 5 U.S.C. § 522) pertaining to the applicant and provide the |
24 | board with the complete record received from the Federal |
25 | Government. The board may issue a conditional license to the |
26 | applicant prior to the receipt of information under this |
27 | subsection. |
28 | § 1317. Supplier licenses. |
29 | * * * |
30 | (c) Review and approval.--Upon being satisfied that the |
|
1 | requirements of subsection (b) have been met, the board may |
2 | approve the application and issue the applicant a supplier |
3 | license consistent with all of the following: |
4 | (1) [The license shall be for a period of one year. Upon |
5 | expiration, the license may be renewed in accordance with |
6 | subsection (d)] The initial license shall be for a period of |
7 | one year and shall be subject to renewal annually under |
8 | subsection (d) for two consecutive one-year periods following |
9 | the initial issuance. Thereafter, a license shall be subject |
10 | to renewal every three years. Nothing in this paragraph shall |
11 | relieve the licensee of the affirmative duty to notify the |
12 | board of changes to any information contained in the original |
13 | application. |
14 | * * * |
15 | § 1317.1. Manufacturer licenses. |
16 | * * * |
17 | (c) Review and approval.--Upon being satisfied that the |
18 | requirements of subsection (b) have been met, the board may |
19 | approve the application and grant the applicant a manufacturer |
20 | license consistent with all of the following: |
21 | (1) [The license shall be for a period of one year. Upon |
22 | expiration, a license may be renewed in accordance with |
23 | subsection (d)] The initial license shall be for a period of |
24 | one year and shall be subject to renewal annually under |
25 | subsection (d) for two consecutive one-year periods following |
26 | the initial issuance. Thereafter, a license shall be subject |
27 | to renewal every three years. Nothing in this paragraph shall |
28 | relieve the licensee of the affirmative duty to notify the |
29 | board of any changes relating to the status of its license or |
30 | relieve the licensee of its responsibility to notify the |
|
1 | board of changes to any information contained in the original |
2 | application. |
3 | * * * |
4 | § 1321. Additional licenses and permits and approval of |
5 | agreements. |
6 | (a) Requirements.--In addition to the requirements for a |
7 | license or permit specifically set forth in this part, the board |
8 | may require a license [or], permit or other authorization, and |
9 | set a fee for the same, for any key or gaming employee or any |
10 | person who satisfies any of the following criteria: |
11 | * * * |
12 | (2) The person is presently not [otherwise] required to |
13 | be licensed or permitted under this part and provides any |
14 | goods, property or services, including, but not limited to, |
15 | management contracts for compensation to a slot machine |
16 | licensee at the licensed facility. The board may by |
17 | regulation establish a classification system for a person who |
18 | provides goods, property or services to a slot machine |
19 | licensee. If the classification system requires the person |
20 | providing goods, property or services to submit to a criminal |
21 | history record check under 18 Pa.C.S. Ch. 91 (relating to |
22 | criminal history record information), the board shall notify |
23 | the slot machine licensee if the person providing goods, |
24 | property or services has been convicted of a felony or |
25 | gambling offense. |
26 | * * * |
27 | § 1326. License renewals. |
28 | (a) Renewal.--All permits and licenses issued under this |
29 | part unless otherwise provided shall be subject to renewal on an |
30 | annual basis [upon the application of the holder of the permit |
|
1 | or license submitted to the board at least 60 days prior to the |
2 | expiration of the permit or license] for the first two years |
3 | following the initial issuance. Thereafter, all permits and |
4 | licenses shall be subject to renewal every three years. The |
5 | application for renewal shall be submitted at least 60 days |
6 | prior to the expiration of the permit or license and shall |
7 | include an update of the information contained in the initial |
8 | and any prior renewal applications and the payment of any |
9 | renewal fee required by this part. A permit or license for which |
10 | a completed renewal application and fee, if required, has been |
11 | received by the board will continue in effect unless and until |
12 | the board sends written notification to the holder of the permit |
13 | or license that the board has denied the renewal of such permit |
14 | or license. |
15 | * * * |
16 | § 1328. Change in ownership or control of slot machine |
17 | licensee. |
18 | * * * |
19 | (a) Notification and approval.-- |
20 | (1) A slot machine licensee shall notify the board |
21 | [prior to or] immediately upon becoming aware of any proposed |
22 | or contemplated change of ownership of the slot machine |
23 | licensee by a person or group of persons acting in concert |
24 | which involves any of the following: |
25 | (i) More than 5% of a slot machine licensee's |
26 | securities or other ownership interests. |
27 | (ii) More than 5% of the securities or other |
28 | ownership interests of a corporation or other form of |
29 | business entity that owns directly or indirectly at least |
30 | 20% of the voting or other securities or other ownership |
|
1 | interests of the licensee. |
2 | (iii) The sale other than in the ordinary course of |
3 | business of a licensee's assets. |
4 | (iv) Any other transaction or occurrence deemed by |
5 | the board to be relevant to license qualifications. |
6 | * * * |
7 | (b) Qualification of purchaser of slot machine licensee; |
8 | change of control.--The purchaser of the slot machine license or |
9 | assets, other than in the ordinary course of business, of any |
10 | slot machine licensee shall independently qualify for a license |
11 | in accordance with this part and shall pay the license fee as |
12 | required by section 1209 (relating to slot machine license fee). |
13 | A change in control of any slot machine licensee shall require |
14 | that the slot machine licensee independently qualify for a |
15 | license in accordance with this part, and the slot machine |
16 | licensee shall pay a new license fee as required by section |
17 | 1209, except as otherwise required by the board pursuant to this |
18 | section. The new license fee under this section shall be paid |
19 | upon the assignment and actual change of control or ownership of |
20 | the slot machine license. |
21 | * * * |
22 | § 1329. [Nonportability] Portability and relocation of slot |
23 | machine license. |
24 | (a) General rule.--Each slot machine license shall only be |
25 | valid for the specific physical location within the municipality |
26 | and county for which it was originally granted. |
27 | (b) Petition.--In evaluating a petition to relocate, the |
28 | board shall consider the following factors: |
29 | (1) The reason for the relocation. |
30 | (2) A comparative analysis, submitted by the petitioner, |
|
1 | detailing estimated gross terminal revenues at the new |
2 | location with estimated gross terminal revenues at the |
3 | original location. |
4 | (3) A comparative analysis, submitted by the petitioner, |
5 | detailing the economic impact of the licensed facility at the |
6 | new location with the estimated economic impact at the |
7 | original location. The comparative analysis shall include the |
8 | total cost of the project and projected direct and indirect |
9 | employment figures. |
10 | (4) A comprehensive traffic study commissioned by the |
11 | board. |
12 | (5) Community support or opposition. |
13 | (6) Any other information requested by the board. |
14 | (c) Relocation.--A [No] slot machine licensee [shall] may be |
15 | permitted to move or relocate the physical location of the |
16 | licensed facility [without] with board approval [for] upon good |
17 | cause shown if: |
18 | (1) the relocated licensed facility remains within the |
19 | same county as originally licensed; |
20 | (2) the relocation will facilitate the timely operation |
21 | of slot machines; |
22 | (3) the relocated licensed facility complies with all |
23 | other provisions of this part related to the siting and |
24 | location of a licensed facility; and |
25 | (4) relocation of the licensed facility is in the best |
26 | interests of the Commonwealth. |
27 | (d) Public input hearing.--The board shall hold at least one |
28 | public input hearing in the municipality where the licensed |
29 | facility will be located prior to approval of the relocation. |
30 | (e) No grant or loan from the Commonwealth may be awarded |
|
1 | for the purpose of relocating or developing the relocated |
2 | licensed facility to comply with any conditions of approval of |
3 | the relocation. |
4 | Section 11. Title 4 is amended by adding a section to read: |
5 | § 1332. Appointment of trustee. |
6 | (a) Appointment.--Upon petition of the Office of Enforcement |
7 | Counsel, the board may order the appointment of a trustee from |
8 | the list required under subsection (j) to act on behalf of the |
9 | interests of the Commonwealth and the board to assure compliance |
10 | with this part and any conditions imposed upon the slot machine |
11 | license in the following circumstances: |
12 | (1) Upon the revocation, suspension or nonrenewal of a |
13 | slot machine license or a principal license of an individual |
14 | who the board has determined controls a slot machine license |
15 | if the principal licensee is the only principal who exercises |
16 | operational control of the licensed facility. |
17 | (2) Upon the failure to renew a slot machine license or |
18 | a principal license of an individual who the board has |
19 | determined controls a slot machine licensee if the principal |
20 | licensee is the only principal who exercises operational |
21 | control of the licensed facility until the slot machine or |
22 | principal license is renewed or until the discontinuation of |
23 | the trusteeship pursuant to subsection (i). |
24 | (3) If necessary to protect the best interests of the |
25 | Commonwealth. |
26 | (b) Qualifications.--The following shall apply: |
27 | (1) A trustee shall be required to obtain a principal |
28 | license. The board may appoint a trustee and award the |
29 | trustee a temporary principal license as prescribed in board |
30 | regulations. |
|
1 | (2) Before assuming duties, a trustee shall execute and |
2 | file a bond for the faithful performance of the trustee's |
3 | duties. The bond shall be payable to the board with sureties |
4 | and in the amount and form as required by board order. The |
5 | cost of the bond shall be paid by the former or suspended |
6 | licensee. |
7 | (c) Powers.--A trustee appointed under this section shall |
8 | have all of the power and duties granted to exercise only those |
9 | powers and perform those duties expressly conferred upon the |
10 | trustee by the board. The board's order appointing the trustee |
11 | shall set forth the powers, duties and responsibilities of the |
12 | trustees which may include: |
13 | (1) Maintaining and operating the licensed facility in a |
14 | manner that complies with this part and any conditions |
15 | imposed by the board. |
16 | (2) Maintaining and operating the licensed facility |
17 | consistent with the measures generally taken in the ordinary |
18 | course of business including: |
19 | (i) Entering into contracts. |
20 | (ii) Borrowing money. |
21 | (iii) Pledging, mortgaging or otherwise encumbering |
22 | the licensed facility or property thereof as security for |
23 | the repayment of the trustee's loans subject to any |
24 | provisions and restrictions in any existing credit |
25 | documents. |
26 | (iv) Hiring, firing and disciplining employees. |
27 | (3) Exercising the rights and obligations of the former |
28 | or suspended licensee. |
29 | (4) Taking possession of all of the property of the slot |
30 | machine licensee, including its books, records and papers. |
|
1 | (5) Establishing accounts with financial institutions. |
2 | An account may not be established with a financial |
3 | institution in which an affiliate of the former or suspended |
4 | licensee, or in which the trustee, has a financial |
5 | controlling interest. |
6 | (6) Meeting with the former or suspended licensee. |
7 | (7) Meeting with principals and key employees at the |
8 | licensed facility. |
9 | (8) Meeting with the independent audit committee. |
10 | (9) Meeting with the board's executive director and |
11 | keeping the board's executive director apprised of actions |
12 | taken and the trustee's plans and goals for the future. |
13 | (10) Hiring legal counsel, accountants or other |
14 | consultants or assistants, with prior approval of the board, |
15 | as necessary to carry out the trustee's duties and |
16 | responsibilities. |
17 | (11) Settling or compromising with any debtor or |
18 | creditor of the former or suspended licensee, including any |
19 | taxing authority. |
20 | (12) Reviewing outstanding agreements to which the |
21 | former or suspended licensee is a party and advising the |
22 | board as to which, if any, of the agreements should be the |
23 | subject of scrutiny, examination or investigation by the |
24 | board. |
25 | (13) Obtaining board approval prior to any sale, change |
26 | of ownership, change of control, change of financial status, |
27 | restructuring, transfer of assets or execution of a contract |
28 | or any other action taken outside of the ordinary course of |
29 | business. |
30 | (14) Obtaining board approval for any payments outside |
|
1 | of those made in the ordinary course of business. |
2 | Notwithstanding any provision contained in this subsection to |
3 | the contrary, the trustee shall have the duty to conserve and |
4 | preserve the assets of the licensed entity. |
5 | (d) Compensation.--The board shall establish the |
6 | compensation of the trustee and shall review and approve actual |
7 | and reasonable costs and expenses of the trustee, legal counsel, |
8 | accountants or other consultants or assistants hired by the |
9 | trustee and other persons the board may appoint in connection |
10 | with the trusteeship action. The compensation, costs and |
11 | expenses shall be paid by the former or suspended licensee. |
12 | Total compensation for the trustee and all individuals hired or |
13 | retained by the trustee under subsection (c)(10) shall not |
14 | exceed $600 per hour in the aggregate. |
15 | (e) Reports.--A trustee shall file reports with regard to |
16 | the administration of the trusteeship with the board in the form |
17 | and at intervals as the board orders. The board may direct that |
18 | copies or portions of the trustee's reports be mailed to |
19 | creditors or other parties in interest and make summaries of the |
20 | reports available to the public and shall post them on the |
21 | board's Internet website. |
22 | (f) Review of actions.--A creditor or party in interest |
23 | aggrieved by any alleged breach of a delegated power or duty of |
24 | a trustee in the discharge of the trustee's duties may request a |
25 | review of the trustee's action or inaction by filing a petition |
26 | in accordance with board regulations. The petition must set |
27 | forth in detail the pertinent facts and the reasons why the |
28 | facts constitute the alleged breach. The board will review any |
29 | petition filed under this section and take whatever action, if |
30 | any, it deems appropriate. |
|
1 | (g) Effect of the trusteeship.--After issuance of an order |
2 | to appoint a trustee, the former or suspended principal or slot |
3 | machine licensee may not exercise any of its privileges, collect |
4 | or receive any debts and pay out, sell, assign or transfer any |
5 | of its property to anyone without prior approval of the |
6 | appointed trustee and the board. |
7 | (h) Disposition of net earnings income.--During the period |
8 | of trusteeship, net earnings income shall be deposited in an |
9 | escrow account maintained for that purpose. Payment of net |
10 | earnings income during the period of trusteeship may not be made |
11 | by the trustee without the prior approval of the board. A |
12 | suspended or former principal or slot machine licensee may |
13 | request payment distribution of all or a portion of the net |
14 | earnings income during the period of trusteeship by filing a |
15 | petition in accordance with board regulation. The suspended or |
16 | former principal or slot machine licensee shall have the burden |
17 | of demonstrating good cause for the payment distribution of the |
18 | net earnings income requested. |
19 | (i) Discontinuation.--The board may issue an order to |
20 | discontinue a trusteeship when: |
21 | (1) The board determines that the cause for which the |
22 | trustee was appointed no longer exists. |
23 | (2) The trustee has, with the prior approval of the |
24 | board, consummated the sale, assignment, conveyance or other |
25 | disposition of all the property or interest of the former |
26 | principal or slot machine licensee relating to the slot |
27 | machine license. |
28 | Upon board approval of the discontinuation of the trusteeship, |
29 | the trustee shall, in an orderly manner, transfer the property |
30 | of the former or suspended principal or slot machine licensee. |
|
1 | (j) List of approved trustees.--The board shall promulgate |
2 | regulations to establish a list of persons approved by the board |
3 | qualified to serve as a trustee. At a minimum, the regulations |
4 | shall provide for the following: |
5 | (1) The minimum qualifications an individual must |
6 | possess to be approved as a trustee, which shall include |
7 | possession of a principal license. |
8 | (2) The procedure for placement on or removal from the |
9 | list. |
10 | (3) Any other information the board deems necessary to |
11 | carry out the intent of this section. |
12 | Section 12. Section 1407 of Title 4 is amended by adding |
13 | subsections to read: |
14 | § 1407. Pennsylvania Gaming Economic Development and Tourism |
15 | Fund. |
16 | * * * |
17 | (e) Annual report.--The Office of the Budget in cooperation |
18 | with the Department of Community and Economic Development shall |
19 | submit an annual report of all distribution of funds under this |
20 | section to the chairman and minority chairman of the |
21 | Appropriations Committee of the Senate, the chairman and |
22 | minority chairman of the Community, Economic and Recreational |
23 | Development Committee of the Senate, the chairman and minority |
24 | chairman of the Appropriations Committee of the House of |
25 | Representatives and the chairman and minority chairman of the |
26 | Gaming Oversight Committee of the House of Representatives. The |
27 | report shall include detailed information relating to transfers |
28 | made from the Pennsylvania Gaming Economic Development and |
29 | Tourism Fund and all reimbursements, distributions and payments |
30 | made under subsection (b) or the act of July 25, 2007 (P.L.342, |
|
1 | No.53), known as Pennsylvania Gaming Economic Development and |
2 | Tourism Fund Capital Budget Itemization Act of 2007. The report |
3 | shall be submitted by January 31, 2010, and by January 31 of |
4 | each year thereafter. |
5 | (f) Local report.--A city of the first class, city of the |
6 | second class, county of the second class, convention center or |
7 | convention center authority, professional hockey franchise |
8 | sports and exhibition authority of a county of the second class, |
9 | urban redevelopment authority, airport authority or other entity |
10 | that receives money from the fund pursuant to an Economic |
11 | Development Capital Budget under this section subsection (b) or |
12 | the act of July 25, 2007 (P.L.342, No.53), known as Pennsylvania |
13 | Gaming Economic Development and Tourism Fund Capital Budget |
14 | Itemization Act of 2007, shall submit an annual report to the |
15 | Office of the Budget, the chairman and minority chairman of the |
16 | Appropriations Committee of the Senate, the chairman and |
17 | minority chairman of the Community, Economic and Recreational |
18 | Development Committee of the Senate, the chairman and minority |
19 | chairman of the Appropriations Committee of the House of |
20 | Representatives and the chairman and the minority chairman of |
21 | the Gaming Oversight Committee of the House of Representatives. |
22 | The report shall include detailed information, including records |
23 | of expenditures, payments and other distributions made from |
24 | money received under subsection (b). The initial report shall |
25 | include information on all funds received prior to January 31, |
26 | 2010. The report shall be submitted by January 31, 2010, and by |
27 | January 31 of each year thereafter until all funds under this |
28 | section are distributed or received. An entity that receives |
29 | funds after the effective date of this section shall submit an |
30 | initial report by January 31 of the year following receipt of |
|
1 | the funds. |
2 | (g) Distribution to international airport.--Notwithstanding |
3 | the provisions of section 7(d) of the act of July 25, 2007 |
4 | (P.L.342, No.53), known as the Pennsylvania Gaming Economic |
5 | Development and Tourism Fund Capital Budget Itemization Act of |
6 | 2007, following the distribution of $42.5 million of funds |
7 | allocated to the county for debt service and economic |
8 | development projects for an international airport in a county of |
9 | the second class under section 3(2)(i)(E) of said act, all |
10 | remaining funds shall be distributed directly to an authority |
11 | that operates an international airport in a county of the second |
12 | class. |
13 | Section 13. Sections 1408(c) and 1512(a.5) and (b) of Title |
14 | 4 are amended to read: |
15 | § 1408. Transfers from State Gaming Fund. |
16 | * * * |
17 | (c) Local law enforcement grants.--Annually, the sum of |
18 | [$5,000,000] $3,000,000 shall be transferred to the board for |
19 | the purpose of issuing grants to local law enforcement agencies |
20 | to enforce and prevent [the unlawful operation of slot machines] |
21 | all forms of unlawful gambling in this Commonwealth. For |
22 | purposes of this subsection, the term "local law enforcement |
23 | agency" shall include Pennsylvania State Police activities in a |
24 | municipality which does not have a municipal police department |
25 | for activities in that municipality. |
26 | * * * |
27 | § 1512. Financial and employment interests. |
28 | * * * |
29 | (a.5) State Ethics Commission.--The State Ethics Commission |
30 | shall publish a list of all State, county, municipal and other |
|
1 | government positions that meet the definitions of "public |
2 | official" as defined under subsection (b) or "executive-level |
3 | public employee" [under subsection (b)]. The Office of |
4 | Administration shall assist the [Ethics Commission] commission |
5 | in the development of the list, which shall be published in the |
6 | Pennsylvania Bulletin biennially and on the board's website. |
7 | Upon request, each public official shall have a duty to provide |
8 | the [Ethics Commission] commission with adequate information to |
9 | accurately develop and maintain the list. The [Ethics |
10 | Commission] commission may impose a civil penalty under 65 |
11 | Pa.C.S. § 1109(f) (relating to penalties) upon any public |
12 | official or executive-level public employee who fails to |
13 | cooperate with the [Ethics Commission] commission under this |
14 | subsection. An individual who relies in good faith on the list |
15 | published by the commission shall not be subject to any penalty |
16 | for a violation of this section. |
17 | (b) Definitions.--As used in this section, the following |
18 | words and phrases shall have the meanings given to them in this |
19 | subsection: |
20 | ["Executive-level public employee." The term shall include |
21 | the following: |
22 | (1) Deputy Secretaries of the Commonwealth and the |
23 | Governor's Office executive staff. |
24 | (2) An employee of the Executive Branch with |
25 | discretionary power which may affect or influence the outcome |
26 | of a State agency's action or decision and who is involved in |
27 | the development of regulations or policies relating to a |
28 | licensed entity or who is involved in other matters under |
29 | this part. The term shall include an employee with law |
30 | enforcement authority. |
|
1 | (3) An employee of a county or municipality with |
2 | discretionary powers which may affect or influence the |
3 | outcome of the county's or municipality's action or decision |
4 | and who is involved in the development of law, regulation or |
5 | policy relating to a licensed entity or who is involved in |
6 | other matters under this part. The term shall include an |
7 | employee with law enforcement authority. |
8 | (4) An employee of a department, agency, board, |
9 | commission, authority or other governmental body not included |
10 | in paragraph (1), (2) or (3) with discretionary power which |
11 | may affect or influence the outcome of the governmental |
12 | body's action or decision and who is involved in the |
13 | development of regulation or policy relating to a licensed |
14 | entity or who is involved in other matters under this part. |
15 | The term shall include an employee with law enforcement |
16 | authority.] |
17 | "Financial interest." Owning or holding, or being deemed to |
18 | hold, debt or equity securities or other ownership interest or |
19 | profits interest. A financial interest shall not include any |
20 | debt or equity security, or other ownership interest or profits |
21 | interest, which is held or deemed to be held in any of the |
22 | following: |
23 | (1) A blind trust over which the executive-level public |
24 | employee, public official, party officer or immediate family |
25 | member thereof may not exercise any managerial control or |
26 | receive income during the tenure of office and the period |
27 | under subsection (a). The provisions of this paragraph shall |
28 | apply only to blind trusts established prior to the effective |
29 | date of this paragraph. |
30 | (2) Securities that are held in a pension plan, profit- |
|
1 | sharing plan, individual retirement account, tax-sheltered |
2 | annuity, a plan established pursuant to section 457 of the |
3 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
4 | 1 et seq.) or any successor provision deferred compensation |
5 | plan whether qualified or not qualified under the Internal |
6 | Revenue Code of 1986 or any successor provision or other |
7 | retirement plan that: |
8 | (i) is not self-directed by the individual; and |
9 | (ii) is advised by an independent investment adviser |
10 | who has sole authority to make investment decisions with |
11 | respect to contributions made by the individual to these |
12 | plans. |
13 | (3) A tuition account plan organized and operated |
14 | pursuant to section 529 of the Internal Revenue Code of 1986 |
15 | (Public Law 99-514, 26 U.S.C. § 529) that is not self- |
16 | directed by the individual. |
17 | (4) A mutual fund where the interest owned by the mutual |
18 | fund in a licensed entity does not constitute a controlling |
19 | interest as defined in this part. |
20 | "Immediate family." A spouse, minor child or unemancipated |
21 | child. |
22 | "Law enforcement authority." The power to conduct |
23 | investigations of or to make arrests for criminal offenses. |
24 | "Party officer." A member of a national committee; a |
25 | chairman, vice chairman, secretary, treasurer or counsel of a |
26 | State committee or member of the executive committee of a State |
27 | committee; a county chairman, vice chairman, counsel, secretary |
28 | or treasurer of a county committee in which a licensed facility |
29 | is located; or a city chairman, vice chairman, counsel, |
30 | secretary or treasurer of a city committee of a city in which a |
|
1 | licensed facility is located. |
2 | "Public official." The term shall include the following: |
3 | (1) The Governor, Lieutenant Governor, a member of the |
4 | Governor's cabinet, Treasurer, Auditor General and Attorney |
5 | General of the Commonwealth. |
6 | (2) A member of the Senate or House of Representatives |
7 | of the Commonwealth. |
8 | (3) An individual elected or appointed to any office of |
9 | a county or municipality that directly receives a |
10 | distribution of revenue under this part. |
11 | (4) An individual elected or appointed to a department, |
12 | agency, board, commission, authority or other governmental |
13 | body not included in paragraph (1), (2) or (3) that directly |
14 | receives a distribution of revenue under this part. |
15 | (5) An individual elected or appointed to a department, |
16 | agency, board, commission, authority, county, municipality or |
17 | other governmental body not included in paragraph (1), (2) or |
18 | (3) with discretionary power which may influence or affect |
19 | the outcome of an action or decision and who is involved in |
20 | the development of regulation or policy relating to a |
21 | licensed entity or who is involved in other matters under |
22 | this part. |
23 | The term does not include a member of a school board or an |
24 | individual who held an uncompensated office with a governmental |
25 | body prior to January 1, 2006, and who no longer holds the |
26 | office as of January 1, 2006. The term includes a member of an |
27 | advisory board or commission which makes recommendations |
28 | relating to a licensed facility. |
29 | Section 14. Title 4 is amended by adding a section to read: |
30 | § 1516.1. Prosecutorial and adjudicatory functions. |
|
1 | The board shall adopt regulations and procedures necessary to |
2 | ensure that the Bureau of Investigations and Enforcement is a |
3 | distinct administrative entity and to prevent commingling of the |
4 | investigatory and prosecutorial functions of the Bureau of |
5 | Investigations and Enforcement under section 1517 (relating to |
6 | investigations and enforcement) and the adjudicatory functions |
7 | of the board. |
8 | Section 15. Section 1517(a.1)(6) of Title 4 is amended, |
9 | subsection (a.2)(1) is amended by adding a subparagraph |
10 | subparagraphs and subsection (c) is amended by adding a |
11 | paragraph to read: |
12 | § 1517. Investigations and enforcement. |
13 | * * * |
14 | (a.1) Powers and duties of bureau.--The Bureau of |
15 | Investigations and Enforcement shall have the following powers |
16 | and duties: |
17 | * * * |
18 | (6) Conduct [audits] reviews of a licensed entity as |
19 | necessary to ensure compliance with this part. [An audit] A |
20 | review may include the review of accounting, administrative |
21 | and financial records, management control systems, procedures |
22 | and other records utilized by a licensed entity. |
23 | * * * |
24 | (a.2) Office of Enforcement Counsel.-- |
25 | (1) There is established within the bureau an Office of |
26 | Enforcement Counsel which shall act as the prosecutor in all |
27 | noncriminal enforcement actions initiated by the bureau under |
28 | this part and shall have the following powers and duties: |
29 | * * * |
30 | (iv) Petition the board for the appointment of a |
|
1 | trustee under section 1332 (relating to appointment of |
2 | trustee). |
3 | (v) Notwithstanding 42 Pa.C.S. § 5947 (relating to |
4 | immunity of witnesses), the Commonwealth Court may grant |
5 | an immunity order, in the course of an investigation or |
6 | hearing conducted under this part, a person refuses to |
7 | answer a question or to produce evidence on the grounds |
8 | that the answer or evidence will expose the person to |
9 | criminal prosecution. The chief enforcement counsel of |
10 | the bureau may petition the Commonwealth Court for a |
11 | grant of immunity that includes the specific question to |
12 | be posed or information or evidence being sought from the |
13 | person as follows: |
14 | (A) A copy of the petition shall be provided to |
15 | the Attorney General and the district attorney of the |
16 | person's county of residence who may object to the |
17 | petition. |
18 | (B) The court shall hold an in camera proceeding |
19 | with the person to hear the evidence that will be |
20 | offered if the order to produce evidence is granted. |
21 | (C) The court may issue an order to compel the |
22 | person to answer or produce evidence with immunity |
23 | if: |
24 | (I) the testimony or other information from |
25 | a witness may be necessary to the public |
26 | interest; and |
27 | (II) a witness has refused or is likely to |
28 | refuse to testify or provide other information on |
29 | the basis of his privilege against self- |
30 | incrimination. |
|
1 | (D) The court shall grant or deny the request |
2 | for immunity within 45 days of the filing of the |
3 | request. |
4 | (E) If the person who is the subject of the |
5 | immunity order provides the answer or evidence, the |
6 | person shall be immune from criminal prosecution |
7 | based on the answer or evidence that was the subject |
8 | of the immunity order. |
9 | (F) The person may be prosecuted for perjury |
10 | committed in the answer or production of evidence or |
11 | held in contempt for failing to give an answer or |
12 | produce evidence in accordance with the order. The |
13 | answer or evidence shall be admissible against the |
14 | person only in a criminal investigation, or a trial |
15 | or other proceeding for perjury or contempt. |
16 | (G) Immunity under this paragraph shall not |
17 | preclude the use of any other remedy or sanction |
18 | authorized by law. |
19 | * * * |
20 | (c) Powers and duties of the Pennsylvania State Police.--The |
21 | Pennsylvania State Police shall have the following powers and |
22 | duties: |
23 | * * * |
24 | (14) By March 1 of each year, the Commissioner of the |
25 | Pennsylvania State Police shall submit a report to the |
26 | Appropriations Committee of the Senate, the Community, |
27 | Economic and Recreational Development Committee of the |
28 | Senate, the Appropriations Committee of the House of |
29 | Representatives and the Gaming Oversight Committee of the |
30 | House of Representatives. The report shall summarize law |
|
1 | enforcement activities at each licensed facility during the |
2 | previous calendar year and shall include all of the |
3 | following: |
4 | (i) The number of arrests at each licensed facility. |
5 | (ii) A list of specific offenses charged for each |
6 | offense. |
7 | (iii) The number of criminal prosecutions resulting |
8 | from arrests. |
9 | (iv) The number of convictions resulting from |
10 | prosecutions. |
11 | (v) The number of Pennsylvania State Police troopers |
12 | assigned to each licensed facility and to the gaming unit |
13 | at the Pennsylvania State Police headquarters. |
14 | (vi) The number and nature of disciplinary actions |
15 | taken and complaints made against Pennsylvania State |
16 | Police troopers in a licensed facility. |
17 | (vii) The closest local police station, Pennsylvania |
18 | State Police station and regional Pennsylvania State |
19 | Police headquarters to each licensed facility. |
20 | * * * |
21 | Section 16. Section 1517.2 of Title 4 is amended to read: |
22 | § 1517.2. Conduct of [public officials and] board employees. |
23 | (a) [Ex parte discussion prohibited.--An attorney |
24 | representing the bureau or the Office of Enforcement Counsel, or |
25 | an employee of the bureau or office involved in the hearing |
26 | process, shall not discuss the case ex parte with a hearing |
27 | officer, chief counsel or member] (Reserved). |
28 | (b) [Other prohibitions.--A hearing officer, the chief |
29 | counsel or a member shall not discuss or exercise any |
30 | supervisory responsibility over any employee with respect to an |
|
1 | enforcement hearing with which the employee is involved] |
2 | (Reserved). |
3 | (c) Disqualification.--If it becomes necessary for the chief |
4 | counsel or member to become involved on behalf of the board in |
5 | any enforcement proceeding, the chief counsel or member shall be |
6 | prohibited from participating in the adjudication of that matter |
7 | and shall designate appropriate individuals to exercise |
8 | adjudicatory functions. |
9 | Section 17. The amendment of 4 Pa.C.S. § 1213 shall not |
10 | apply to any of the following: |
11 | (1) An application submitted before the effective date |
12 | of this section. |
13 | (2) Any license or permit issued prior to the effective |
14 | date of this section. |
15 | (3) The renewal of any license or permit issued prior to |
16 | the effective date of this section. |
17 | Section 18. This act shall take effect in 60 days. |
18 | Section 1. Section 1102(11) of Title 4 of the Pennsylvania | <-- |
19 | Consolidated Statutes is amended and the section is amended by |
20 | adding paragraphs to read: |
21 | § 1102. Legislative intent. |
22 | The General Assembly recognizes the following public policy |
23 | purposes and declares that the following objectives of the |
24 | Commonwealth are to be served by this part: |
25 | * * * |
26 | (2.1) The legalization of table games as authorized in |
27 | this part is intended to supplement slot machine gaming by |
28 | increasing revenues to the Commonwealth and providing new |
29 | employment opportunities by creating skilled jobs for |
30 | individuals related to the conduct of table games at licensed |
|
1 | facilities in this Commonwealth. |
2 | * * * |
3 | (10.1) The General Assembly has a compelling interest in |
4 | protecting the integrity of both the electoral process and |
5 | the legislative process by preventing corruption and the |
6 | appearance of corruption which may arise through permitting |
7 | campaign contributions by the gaming industry. |
8 | (11) It is necessary to maintain the integrity of the |
9 | regulatory control and legislative oversight over the |
10 | operation of slot machines and table games in this |
11 | Commonwealth; to prevent the actual or appearance of |
12 | corruption that may result from [large] campaign |
13 | contributions; ensure the bipartisan administration of this |
14 | part; and avoid actions that may erode public confidence in |
15 | the system of representative government. |
16 | (11.1) Completely banning campaign contributions by |
17 | certain individuals and entities subject to this act is |
18 | necessary to prevent corruption, or the appearance of |
19 | corruption, that may arise when politics and gaming are |
20 | intermingled. |
21 | (12) It is the intent of the General Assembly to |
22 | authorize the operation of slot machines and table games |
23 | under a single slot machine license issued to a slot machine |
24 | licensee under this part. |
25 | Section 2. The definitions of "associated equipment," |
26 | "cheat," "conduct of gaming," "conviction," "gaming employee," |
27 | "key employee," "licensed facility," "manufacturer," |
28 | "manufacturer license," "slot machine," "supplier" and "supplier |
29 | license" in section 1103 of Title 4 are amended and the section |
30 | is amended by adding definitions to read: |
|
1 | § 1103. Definitions. |
2 | The following words and phrases when used in this part shall |
3 | have the meanings given to them in this section unless the |
4 | context clearly indicates otherwise: |
5 | * * * |
6 | "Associated equipment." Any equipment or mechanical, |
7 | electromechanical or electronic contrivance, component or |
8 | machine used in connection with [gaming] slot machines or table |
9 | games, including linking devices which connect to progressive |
10 | slot machines or slot machines, replacement parts, equipment |
11 | which affects the proper reporting and counting of gross |
12 | terminal revenue and gross table game revenue, computerized |
13 | systems for controlling and monitoring slot machines or table |
14 | games, including, but not limited to, the central control |
15 | computer to which all slot machines communicate and devices for |
16 | weighing or counting money. |
17 | * * * |
18 | "Banking game." Any table game in which players compete |
19 | against a certificate holder rather than against one another. |
20 | * * * |
21 | "Cash." United States currency and coin. |
22 | "Cash equivalent." An asset that is readily convertible to |
23 | cash, including, but not limited to, any of the following: |
24 | (1) Chips, tokens or other representations of value. |
25 | (2) Travelers checks. |
26 | (3) Foreign currency and coin. |
27 | (4) Certified checks, cashier's checks and money orders. |
28 | (5) Personal checks or drafts. |
29 | (6) A negotiable instrument applied against credit |
30 | extended by a certificate holder, a recognized credit card |
|
1 | company or a financial institution. |
2 | (7) Any other instrument that the Pennsylvania Gaming |
3 | Control Board deems a cash equivalent. Other than recognized |
4 | credit cards or credit extended by a certificate holder, all |
5 | instruments that constitute a cash equivalent shall be made |
6 | payable to the slot machine licensee, to the bearer or to |
7 | cash. An instrument made payable to a third party shall not |
8 | be considered a cash equivalent and shall be prohibited. |
9 | * * * |
10 | "Certificate holder." A slot machine licensee that holds a |
11 | table games operation certificate from the Pennsylvania Gaming |
12 | Control Board in accordance with Chapter 13A (relating to table |
13 | games). |
14 | "Cheat." To [alter without authorization] defraud or steal |
15 | from any patron, slot machine licensee or the Commonwealth, |
16 | including causing, aiding, abetting or conspiring with another |
17 | person to do so. The term shall also mean to unlawfully alter |
18 | the elements of chance, skill, method of selection or criteria |
19 | which determine: |
20 | (1) The result of a slot machine game or table game. |
21 | (2) The amount or frequency of payment in a slot machine |
22 | game or table game. |
23 | (3) The value of a wagering instrument. |
24 | (4) The value of a wagering credit. |
25 | The term does not include altering a slot machine, table game |
26 | device or associated equipment for [required] maintenance [and] |
27 | or repair with the approval of a slot machine licensee. |
28 | "Cheating or thieving device." A device used or possessed |
29 | with the intent to use, on or during the play of any slot |
30 | machine or table game to cheat or steal. The term shall also |
|
1 | include any device used to alter slot machines or table game |
2 | devices without the approval of a slot machine licensee. |
3 | "Chip." A representation of value, including plaques, issued |
4 | by and redeemable with the issuing certificate holder for use in |
5 | playing a table game at the certificate holder's licensed |
6 | facility. |
7 | * * * |
8 | "Conduct of gaming." The licensed placement and operation of |
9 | games of skill or chance under this part, as authorized and |
10 | approved by the Pennsylvania Gaming Control Board at a licensed |
11 | facility. |
12 | "Contest." A table game competition among players for a |
13 | prize, whether or not the prize is a specified amount of money |
14 | or players are required to pay consideration to participate in |
15 | the competition. |
16 | * * * |
17 | "Conviction." A finding of guilt or a plea of guilty or nolo |
18 | contendere, whether or not a judgment of sentence has been |
19 | imposed as determined by the law of the jurisdiction in which |
20 | the prosecution was held. The term does not include a conviction |
21 | that has been expunged or overturned or for which an individual |
22 | has been pardoned or had an order of Accelerated Rehabilitative |
23 | Disposition entered. |
24 | * * * |
25 | "Count room." The secured room at a licensed facility |
26 | designated for counting, wrapping and recording a slot machine |
27 | licensee's slot machine or table game receipts, or both. |
28 | "Counterfeit chips." Any chip or similar object not issued |
29 | by a certificate holder for use in playing a table game at the |
30 | certificate holder's licensed facility. |
|
1 | * * * |
2 | "Electronic table game." A table game which, as determined |
3 | by the Pennsylvania Gaming Control Board, is a mechanical, |
4 | electrical or computerized contrivance, terminal, machine or |
5 | other device approved by the Pennsylvania Gaming Control Board |
6 | which, upon insertion of a coin, bill, ticket, token or similar |
7 | object therein or upon payment of any consideration whatsoever, |
8 | including the use of any electronic payment system, is playable |
9 | or operable without either the required assistance of or |
10 | required interaction with a gaming employee. The term does not |
11 | include a slot machine. |
12 | "Executive-level public employee." The term shall include |
13 | the following: |
14 | (1) Deputy Secretaries of the Commonwealth and the |
15 | Governor's Office executive staff. |
16 | (2) An employee of the executive branch with |
17 | discretionary power which may affect or influence the outcome |
18 | of a State agency's action or decision and who is involved in |
19 | the development of regulations or policies relating to a |
20 | licensed entity or who is involved in other matters under |
21 | this part. The term shall include an employee with law |
22 | enforcement authority. |
23 | (3) An employee of a county or municipality with |
24 | discretionary powers which may affect or influence the |
25 | outcome of the county's or municipality's action or decision |
26 | and who is involved in the development of law, regulation or |
27 | policy relating to a licensed entity or who is involved in |
28 | other matters under this part. The term shall include an |
29 | employee with law enforcement authority. |
30 | (4) An employee of a department, agency, board, |
|
1 | commission, authority or other governmental body not included |
2 | in paragraph (1), (2) or (3) with discretionary power which |
3 | may affect or influence the outcome of the governmental |
4 | body's action or decision and who is involved in the |
5 | development of regulation or policy relating to a licensed |
6 | entity or who is involved in other matters under this part. |
7 | The term shall include an employee with law enforcement |
8 | authority. |
9 | * * * |
10 | "Gaming employee." Any employee of a slot machine licensee, |
11 | including, but not limited to: |
12 | (1) Cashiers. |
13 | (2) Change personnel. |
14 | (3) [Counting] Count room personnel. |
15 | (4) Slot attendants. |
16 | (5) Hosts or other persons authorized to extend |
17 | complimentary services. |
18 | (6) Machine mechanics [or], computer machine technicians |
19 | or table game device technicians. |
20 | (7) Security personnel. |
21 | (8) Surveillance personnel. |
22 | (9) Supervisors and managers. |
23 | (10) Boxmen. |
24 | (11) Dealers or croupiers. |
25 | (12) Floormen. |
26 | The term includes employees of a person holding a supplier's |
27 | license whose duties are directly involved with the repair or |
28 | distribution of slot machines, table game devices and associated |
29 | equipment sold or provided to [the] a licensed facility within |
30 | this Commonwealth as determined by the Pennsylvania Gaming |
|
1 | Control Board. The term does not include bartenders, cocktail |
2 | servers or other persons engaged solely in preparing or serving |
3 | food or beverages, clerical or secretarial personnel, parking |
4 | attendants, janitorial, stage, sound and light technicians and |
5 | other nongaming personnel as determined by the board. |
6 | "Gaming junket." An arrangement made by a gaming junket |
7 | representative for an individual who is all of the following: |
8 | (1) Selected or approved for participation in the |
9 | arrangement based on the individual's ability to satisfy |
10 | specific financial qualifications. |
11 | (2) Likely to participate in gaming and to patronize a |
12 | licensed facility for the purpose of gaming. |
13 | (3) Receives as consideration for participation in the |
14 | arrangement part or all of the costs of transportation, food, |
15 | lodging or entertainment which are directly or indirectly |
16 | paid by a slot machine licensee or an agent or an employee of |
17 | a slot machine licensee. |
18 | "Gaming junket enterprise." A person, other than a slot |
19 | machine licensee, who employs or otherwise engages the services |
20 | of a gaming junket representative to arrange gaming junkets to a |
21 | license facility, regardless of whether the activities of the |
22 | gaming junket enterprise occur within this Commonwealth. |
23 | "Gaming junket representative." An individual who is not an |
24 | employee of a slot machine licensee who arranges and negotiates |
25 | the terms of a gaming junket or selects individuals to |
26 | participate in a gaming junket to a licensed facility, |
27 | regardless of whether the activities of the gaming junket |
28 | enterprise occur within this Commonwealth. |
29 | "Gaming school." Any educational institution which is |
30 | approved by the the Department of Education as an accredited |
|
1 | college or university, community college, Pennsylvania private |
2 | licensed school or its equivalent and which is approved by the |
3 | Pennsylvania Gaming Control Board in consultation with the |
4 | Department of Education to provide education and training |
5 | related to employment opportunities associated with slot |
6 | machines or table games, including slot machine, table game |
7 | device and associated equipment maintenance and repair. |
8 | "Gaming service provider." A person that: | <-- |
9 | (1) provides goods or services to a slot machine |
10 | licensee or an applicant for a slot machine license; |
11 | (2) provides goods or services at a licensed facility; |
12 | and |
13 | (3) is not required to be licensed as a manufacturer, |
14 | manufacturer designee, supplier, management company or gaming |
15 | junket enterprise. |
16 | "Gross table game revenue." The total of: |
17 | (1) Cash or cash equivalents received in the playing of |
18 | a table game minus the total of: |
19 | (i) Cash or cash equivalents paid out to patrons as |
20 | a result of playing a table game. |
21 | (ii) Cash paid to purchase annuities to fund prizes |
22 | payable to patrons over a period of time as a result of |
23 | playing a table game. |
24 | (iii) The actual cost paid by the certificate holder |
25 | for any personal property distributed to a patron as a |
26 | result of playing a table game. This does not include |
27 | travel expenses, food, refreshments, lodging or services. |
28 | (2) All table game contest or tournament fees. Table |
29 | game contest or tournament fees shall be calculated as all |
30 | fees or payments, including entry fees, buy-ins, re-buys and |
|
1 | administrative fees, imposed by a certificate holder to |
2 | participate in a table game contest or tournament less cash |
3 | or actual cost paid by a certificate holder for prizes |
4 | awarded to tournament or contest winners. |
5 | (3) The total amount of the rake collected by a |
6 | certificate holder each day. |
7 | The term does not include counterfeit money or chips; coins or |
8 | currency of other countries received in the playing of a table |
9 | game, except to the extent that they are readily convertible to |
10 | United States currency; cash taken in a fraudulent act |
11 | perpetrated against a certificate holder for which the |
12 | certificate holder is not reimbursed. |
13 | * * * |
14 | "Hotel." One or more buildings owned or operated by a |
15 | certificate holder which is attached to, physically connected to |
16 | or adjacent to the certificate holder's licensed facility at |
17 | which the public may obtain sleeping rooms and is located on the |
18 | same parcel of land as the licensed facility. |
19 | * * * |
20 | "Key employee." Any individual who is employed in a director |
21 | or department head capacity and who is empowered to make |
22 | discretionary decisions that regulate slot machine or table game |
23 | operations, including the general manager and assistant manager |
24 | of the licensed facility, director of slot operations, director |
25 | of table games, pit supervisors, shift supervisors, credit |
26 | supervisors, cashier supervisors, table game managers and |
27 | assistant managers, director of cage and/or credit operations, |
28 | director of surveillance, director of marketing, director of |
29 | management information systems, director of security, |
30 | comptroller and any employee who supervises the operations of |
|
1 | these departments or to whom these department directors or |
2 | department heads report and such other positions which the |
3 | Pennsylvania Gaming Control Board shall determine based on |
4 | detailed analyses of job descriptions as provided in the |
5 | internal controls of the licensee as approved by the |
6 | Pennsylvania Gaming Control Board. All other gaming employees |
7 | unless otherwise designated by the Pennsylvania Gaming Control |
8 | Board shall be classified as non-key employees. |
9 | * * * |
10 | "Licensed entity representative." A person acting on behalf |
11 | of or authorized to represent the interest of any applicant, |
12 | licensee or permittee, including an attorney, agent or lobbyist, |
13 | regarding any matter which may reasonably be expected to come |
14 | before the board. |
15 | "Licensed facility." The physical land-based location at |
16 | which a licensed gaming entity is authorized to place and |
17 | operate slot machines and, if authorized by the Pennsylvania |
18 | Gaming Control Board under Chapter 13A (relating to table |
19 | games), to conduct table games. The term includes any area of a |
20 | licensed racetrack previously authorized pursuant to section |
21 | 1207(17) (relating to regulatory authority of board) to operate |
22 | slot machines and any area of a hotel which the Pennsylvania |
23 | Gaming Control Board determines is suitable to conduct table |
24 | games. |
25 | * * * |
26 | "Manufacturer." A person who manufactures, builds, rebuilds, |
27 | fabricates, assembles, produces, programs, designs or otherwise |
28 | makes modifications to any slot machine, table game device or |
29 | associated equipment for use or play of slot machines or table |
30 | games in this Commonwealth for gaming purposes. |
|
1 | "Manufacturer license." A license issued by the Pennsylvania |
2 | Gaming Control Board authorizing a manufacturer to manufacture |
3 | or produce slot machines, table game devices or associated |
4 | equipment for use in this Commonwealth for gaming purposes. |
5 | * * * |
6 | "Municipal authority." A body politic and corporate created |
7 | under the former act of June 28, 1935 (P.L.463, No.191), known |
8 | as the Municipality Authorities Act of 1935, the former act of |
9 | May 2, 1995 (P.L.382, No.164), known as the Municipality |
10 | Authorities Act of 1945 or the act of July 29, 1953 (P.L.1034, |
11 | No.270), known as the Public Auditorium Authorities Law. |
12 | * * * |
13 | "Nonbanking game." Any table game in which players compete |
14 | against one another and in which the certificate holder collects |
15 | a rake. |
16 | "Nonelectronic table game." Any table game that, as |
17 | determined by the Pennsylvania Gaming Control Board, is not an |
18 | electronic table game. |
19 | * * * |
20 | "Party." The Pennsylvania Gaming Control Board, the Bureau |
21 | of Investigations and Enforcement of the Pennsylvania Gaming |
22 | Control Board or any applicant, licensee, permittee, registrant |
23 | or other person appearing of record in any proceeding before the |
24 | board or in any proceeding for judicial review of any action, |
25 | decision or order of the board. |
26 | * * * |
27 | "Rake." A set fee or percentage assessed by a certificate |
28 | holder for providing the services of a dealer, table or location |
29 | for playing any nonbanking game. |
30 | * * * |
|
1 | "Slot machine." Any mechanical [or], electrical or |
2 | computerized contrivance, terminal, machine or other device |
3 | approved by the Pennsylvania Gaming Control Board which, upon |
4 | insertion of a coin, bill, ticket, token or similar object |
5 | therein or upon payment of any consideration whatsoever, |
6 | including the use of any electronic payment system except a |
7 | credit card or debit card, is available to play or operate, the |
8 | play or operation of which, whether by reason of skill or |
9 | application of the element of chance or both, may deliver or |
10 | entitle the person or persons playing or operating the |
11 | contrivance, terminal, machine or other device to receive cash, |
12 | billets, tickets, tokens or electronic credits to be exchanged |
13 | for cash or to receive merchandise or anything of value |
14 | whatsoever, whether the payoff is made automatically from the |
15 | machine or manually. A slot machine: |
16 | (1) May utilize spinning reels or video displays or |
17 | both. |
18 | (2) May or may not dispense coins, tickets or tokens to |
19 | winning patrons. |
20 | (3) May use an electronic credit system for receiving |
21 | wagers and making payouts. |
22 | The term shall include associated equipment necessary to conduct |
23 | the operation of the contrivance, terminal, machine or other |
24 | device. The term does not include an electronic table game. |
25 | * * * |
26 | "Supplier." A person that sells, leases, offers or otherwise |
27 | provides, distributes or services any slot machine, table game |
28 | device or associated equipment for use or play of slot machines |
29 | or table games in this Commonwealth. |
30 | "Supplier license." A license issued by the Pennsylvania |
|
1 | Gaming Control Board authorizing a supplier to provide products |
2 | or services related to slot machines, table games devices or |
3 | associated equipment to slot machine licensees. |
4 | * * * |
5 | "Suspicious transaction." The acceptance or redeeming of |
6 | cash or a cash equivalent involving or aggregating $5,000 if the |
7 | slot machine licensee or person knows or has reason to believe |
8 | the transaction: |
9 | (1) involves funds derived from illegal activities or is |
10 | intended or conducted in order to conceal or disguise funds |
11 | or assets derived from illegal activities; |
12 | (2) is part of a plan to violate or evade any law or |
13 | regulation or to avoid any transaction reporting requirement |
14 | under the law or regulations of this Commonwealth or the |
15 | United States, including a plan to structure a series of |
16 | transactions to avoid any transaction reporting requirement |
17 | under the laws or regulations of this Commonwealth or the |
18 | United States; or |
19 | (3) has no lawful business or other apparent lawful |
20 | purpose or is not the sort of transaction in which a person |
21 | would normally be expected to engage and the slot machine |
22 | licensee or person knows of no reasonable explanation for the |
23 | transaction after examining the available facts, including |
24 | the background and possible purpose of the transaction. |
25 | "Table game." Any banking, nonbanking or percentage game |
26 | played which utilizes a table game device for cash, a cash |
27 | equivalent or any representation of value. The term includes |
28 | roulette, baccarat, blackjack, poker, craps, big six wheel, red |
29 | dog, pai gow, casino war and sic bo and any other banking, |
30 | nonbanking or percentage game approved by the Pennsylvania |
|
1 | Gaming Control Board. The term shall also include any game |
2 | authorized for use in a licensed facility that is used for |
3 | gaming contests or tournaments in which players compete against |
4 | one another. The term shall not include: |
5 | (1) Lottery games of the Pennsylvania State Lottery as |
6 | authorized under the act of August 26, 1971 (P.L.351, No.91), |
7 | known as the State Lottery Law. |
8 | (2) Bingo as authorized under the act of July 10, 1981 |
9 | (P.L.214, No.67), known as the Bingo Law. |
10 | (3) Pari-mutuel betting on the outcome of thoroughbred |
11 | or harness horse racing as authorized under the act of |
12 | December 17, 1981 (P.L.435, No.135), known as the Race Horse |
13 | Industry Reform Act. |
14 | (4) Small games of chance as authorized under the act of |
15 | December 19, 1988 (P.L.1262, No.156), known as the Local |
16 | Option Small Games of Chance Act. |
17 | (5) Slot machine gaming and progressive slot machine |
18 | gaming as defined and authorized under this part. |
19 | (6) Keno. |
20 | "Table game device." Includes gaming tables, cards, dice, |
21 | chips, shufflers, tiles, dominoes, wheels, drop boxes or any |
22 | mechanical, electrical or computerized contrivance, terminal, |
23 | machine or other device, apparatus, equipment or supplies |
24 | approved by the Pennsylvania Gaming Control Board and used to |
25 | conduct a table game. |
26 | "Table game operation certificate." A certificate from the |
27 | Pennsylvania Gaming Control Board that authorizes a slot machine |
28 | licensee to conduct table games in accordance with this part. |
29 | "Tournament." An organized series of table game contests |
30 | approved by the Pennsylvania Gaming Control Board. |
|
1 | "Trustee." A person appointed by the Pennsylvania Gaming |
2 | Control Board to manage and control the operations of a licensed |
3 | facility to ensure compliance with this part and who has the |
4 | fiduciary responsibility to make decisions for the benefit of |
5 | the licensed gaming entity and the Commonwealth. |
6 | * * * |
7 | Section 3. Section 1201(f)(3), (h)(7.1), (10), (11), (13), |
8 | (14) and (15), (i)(1) and (k) of Title 4 are amended, subsection | <-- |
9 | (h) is amended by adding paragraphs and the section is amended |
10 | by adding a subsection subsections to read: | <-- |
11 | § 1201. Pennsylvania Gaming Control Board established. |
12 | * * * |
13 | (f) Qualified majority vote.-- |
14 | * * * |
15 | (3) Notwithstanding any other provision of this part or |
16 | 65 Pa.C.S. § 1103(j) (relating to restricted activities), a |
17 | member shall disclose the nature of his disqualifying |
18 | interest, disqualify himself and abstain from voting in a |
19 | proceeding under this part in which his objectivity, |
20 | impartiality, integrity or independence of judgment may be |
21 | reasonably questioned, as provided in subsection (h)(6) or |
22 | section 1202.1(c)(3) (relating to code of conduct). If a |
23 | legislative appointee has disqualified himself, the qualified |
24 | majority shall consist of all of the remaining legislative |
25 | appointees and at least two gubernatorial appointees. |
26 | * * * |
27 | (h) Qualifications and restrictions.-- |
28 | * * * |
29 | (7.1) Prior to being sworn as a member, an appointee and |
30 | his immediate family shall divest any financial interest in |
|
1 | any applicant, licensed facility or licensed entity and in an |
2 | affiliate, intermediary, subsidiary or holding company |
3 | thereof owned or held by the appointee or known to be held by |
4 | the appointee's immediate family. For the duration of the |
5 | member's term and for [one year] two years thereafter, the |
6 | member and the member's immediate family may not acquire a |
7 | financial interest in any applicant, licensed facility or |
8 | licensed entity or in an affiliate, intermediary, subsidiary |
9 | or holding company thereof. For purposes of this paragraph, |
10 | the term "immediate family" shall mean spouse and any minor |
11 | or unemancipated child. |
12 | * * * |
13 | (10) No former member may appear before the board in any |
14 | hearing or proceeding or participate in any other activity on |
15 | behalf of any applicant, licensed entity, or an affiliate, |
16 | intermediary, subsidiary or holding company thereof, or any |
17 | other licensee or permittee for a period of two years from |
18 | the termination of term of office. |
19 | (11) No member, employee or independent contractor of |
20 | the board shall accept a complimentary service, wager or be |
21 | paid any prize from any wager at any licensed facility within |
22 | this Commonwealth or at any other facility outside this |
23 | Commonwealth which is owned or operated by a licensed gaming |
24 | entity or any of its affiliates, intermediaries, subsidiaries |
25 | or holding companies thereof for the duration of their term |
26 | of office, employment or contract with the board and for a |
27 | period of [one year] two years from the termination of term |
28 | of office, employment or contract with the board. The |
29 | provisions of this paragraph prohibiting wagering during the |
30 | term of employment shall not apply to employees or |
|
1 | independent contractors of the board who utilize slot |
2 | machines or table game devices for testing purposes or to |
3 | verify the performance of a machine or table game as part of |
4 | an enforcement investigation. |
5 | * * * |
6 | (13) No employee of the board [or individual employed by |
7 | an independent contractor of the board] whose duties |
8 | substantially involve licensing[,] or enforcement [or], the |
9 | development [or adoption] of laws, or the development or |
10 | adoption of regulations or policy or who has other |
11 | discretionary authority which may affect the outcome of an |
12 | action or decision under this part, including the executive |
13 | director, bureau directors and attorneys, shall do any of the |
14 | following: |
15 | (i) [accept] Accept employment with an applicant or |
16 | licensed entity, or an affiliate, intermediary, |
17 | subsidiary or holding company thereof, for a period of |
18 | [one year] two years after the termination of the |
19 | employment relating to the conduct of gaming [or contract |
20 | with the board; or]. |
21 | (ii) [appear] Appear before the board in any hearing |
22 | or proceeding or participate in any other activity on |
23 | behalf of any applicant, licensee, permittee or licensed |
24 | entity, or an affiliate, intermediary, subsidiary or |
25 | holding company thereof, for a period of two years after |
26 | termination of the employment [or contract with the |
27 | board]. |
28 | (iii) As a condition of employment, an employee |
29 | subject to this paragraph shall sign an affidavit that |
30 | the employee will not accept employment with or be |
|
1 | retained by any applicant, licensed entity or an |
2 | affiliate, intermediary, subsidiary or holding company |
3 | thereof for a period of two years from the termination of |
4 | employment. An applicant or licensed entity or an |
5 | affiliate, intermediary, subsidiary or holding company |
6 | thereof shall not employ or retain an individual who |
7 | signed an affidavit required by this subparagraph. An |
8 | applicant or licensed entity or an affiliate, |
9 | intermediary, subsidiary or holding company that |
10 | knowingly employs or retains an individual in violation |
11 | of this subparagraph shall be subject to a penalty under |
12 | section 1518(c) (relating to prohibited acts; penalties). |
13 | (13.1) Nothing shall prevent a current or former |
14 | employee of the board from appearing in any proceeding as a |
15 | witness where the employee is called to testify concerning |
16 | any fact or information obtained while employed with the |
17 | board or related to the performance of duties while so |
18 | employed. |
19 | (13.2) No independent contractor or individual employed |
20 | by an independent contractor of the board whose duties |
21 | substantially involve consultation relating to licensing, |
22 | enforcement or the development or adoption of regulations or |
23 | policy under this part shall: |
24 | (i) Accept employment with or be retained by an |
25 | applicant or a licensed entity or an affiliate, |
26 | intermediary, subsidiary or holding company thereof for a |
27 | period of one year after the termination of the contract |
28 | with the board. |
29 | (ii) Appear before the board in any hearing or |
30 | proceeding or participate in any other activity on behalf |
|
1 | of an applicant, licensee, permittee or licensed entity |
2 | or an affiliate, intermediary, subsidiary or holding |
3 | company of an applicant, licensee, permittee or licensed |
4 | entity for a period of two years after termination of the |
5 | contract with the board. Nothing shall prevent a current |
6 | or former independent contractor or employee of an |
7 | independent contractor of the board from appearing in any |
8 | proceeding as a witness where the independent contractor |
9 | or employee of the independent contractor is being called |
10 | to testify concerning any fact or information obtained |
11 | while contracting with the board or related to the |
12 | performance of the contract. |
13 | (iii) As a condition of a contract, an independent |
14 | contractor or individual employed by an independent |
15 | contractor of the board under this paragraph shall sign |
16 | an affidavit to not accept employment with or be retained |
17 | by any applicant, licensed entity or an affiliate, |
18 | intermediary, subsidiary or holding company of an |
19 | applicant, licensed entity or affiliate for a period of |
20 | one year from the termination of employment. A licensed |
21 | entity or an affiliate, intermediary, subsidiary or |
22 | holding company of an applicant, licensed entity or |
23 | affiliate shall not employ or retain an individual who |
24 | signed an affidavit required by this subparagraph. A |
25 | licensed entity or an affiliate, intermediary, subsidiary |
26 | or holding company thereof that knowingly employs or |
27 | retains an individual in violation of this subparagraph |
28 | shall be subject to a penalty under section 1518(c). |
29 | (14) Upon the written request of an employee of the |
30 | board, the executive branch of the Commonwealth or a |
|
1 | political subdivision or of the agency or political |
2 | subdivision employing an employee, the State Ethics |
3 | Commission shall determine whether the individual's duties |
4 | substantially involve the development [or adoption] of laws, |
5 | or the development or adoption of regulations or policy, |
6 | licensing or enforcement under this part or other |
7 | discretionary authority which may affect the outcome of an |
8 | action, proceeding or decision under this part and shall |
9 | provide a written determination to the employee or the agency |
10 | or political subdivision employing the employee to include |
11 | any prohibition under this paragraph. An individual who |
12 | relies in good faith on a determination under this paragraph |
13 | shall not be subject to any penalty for an action taken, |
14 | provided that all material facts set forth in the request for |
15 | a determination are correct. |
16 | (15) If a member[, employee or independent contractor] |
17 | of the board violates any provision of this section, the |
18 | appointing authority [or the board may, upon notice and |
19 | hearing,] may remove the person from the board[, withdraw the |
20 | appointment or]. A member removed under this paragraph shall |
21 | be prohibited from future appointment to the board and shall |
22 | be prohibited from applying for a license, permit or other |
23 | authorization and from becoming an independent contractor of |
24 | the board, or registering as a licensed entity representative |
25 | for a period of five years from the date of removal from the |
26 | board. If an employee or independent contractor of the board |
27 | violates any provision of this section, the board may, upon |
28 | notice and hearing, terminate the employment or contract, and |
29 | the person shall be ineligible for future [appointment,] |
30 | employment or [contract] contracting with the board and [for |
|
1 | approval of a license or permit under this part for a period |
2 | of two years thereafter] shall be prohibited from applying |
3 | for a license, permit or other authorization and from |
4 | becoming an independent contractor or registering as a |
5 | licensed entity representative for a period of five years |
6 | from the date of termination of the employment or contract. |
7 | * * * | <-- |
8 | (h.4) Restrictions on appointment of legislators.--No member |
9 | of the Senate or House of Representatives shall be eligible for |
10 | appointment as a member of the board during the term of office |
11 | for which the person was elected and for a period of 12 months |
12 | thereafter. |
13 | (i) Compensation.-- | <-- |
14 | (1) [The Executive Board as established in the act of |
15 | April 9, 1929 (P.L.177, No.175), known as The Administrative |
16 | Code of 1929, shall establish the compensation of the |
17 | members.] |
18 | (i) Members, including members serving on the |
19 | effective date of this subparagraph, shall receive an |
20 | annual salary of $68,284, except the chairman, who shall |
21 | receive an annual salary of $71,084. |
22 | (ii) Members shall be eligible to receive a cost-of- |
23 | living adjustment consistent with the provisions of |
24 | section 3(e) of the act of September 30, 1983 (P.L.160, |
25 | No.39), known as the Public Official Compensation Law. |
26 | * * * |
27 | (k) Appointments.--[The appointing authorities] Following |
28 | the initial appointment of members under subsection (b), the |
29 | appointing authority shall make [their initial] appointments |
30 | within 60 days of [the effective date of this part] a vacancy in |
|
1 | an office. No appointment shall be final until receipt by the |
2 | appointing authority of the required background investigation of |
3 | the appointee by the Pennsylvania State Police which shall be |
4 | completed within 30 days. No person who has been convicted in |
5 | any domestic or foreign jurisdiction of a felony, infamous crime |
6 | or gaming offense shall be appointed to the board. |
7 | * * * |
8 | (m.1) Budgetary impasse.--If, in the event of a budgetary or |
9 | other fiscal crisis, the Governor orders the furlough of |
10 | Commonwealth employees or the closing of any Commonwealth |
11 | agency, the board and its employees and all employees of the |
12 | Department of Revenue, the Pennsylvania State Police and the |
13 | Office of Attorney General whose duties involve the regulation |
14 | and oversight of gaming under this part shall not be subject to |
15 | furlough but shall continue to perform their duties of |
16 | employment. |
17 | * * * |
18 | Section 3.1. Section 1201.1(a)(1) of Title 4 is amended to |
19 | read: |
20 | § 1201.1. Applicability of other statutes. |
21 | (a) General rule.--The following acts shall apply to the |
22 | board: |
23 | (1) The act of [June 21, 1957 (P.L.390, No.212), |
24 | referred to] February 14, 2008 (P.L.6, No.3), known as the |
25 | Right-to-Know Law. |
26 | * * * |
27 | Section 4. Section 1202(a)(1) and (2) and (b)(7), (20), (23) | <-- |
28 | and (30) of Title 4 are amended and subsection (b) is amended by |
29 | adding paragraphs to read: |
30 | § 1202. General and specific powers. |
|
1 | (a) General powers.-- |
2 | (1) The board shall have general and sole regulatory |
3 | authority over the conduct of gaming or related activities as |
4 | described in this part. The board shall ensure the integrity |
5 | of the acquisition and operation of slot machines, table |
6 | games, table game devices and associated equipment and shall |
7 | have sole regulatory authority over every aspect of the |
8 | authorization and operation of slot machines and table games. |
9 | (2) The board shall employ individuals as necessary to | <-- |
10 | carry out the powers and duties of the board, who shall serve |
11 | at the board's pleasure. An employee of the board shall be |
12 | considered a State employee for purposes of 71 Pa.C.S. Pt. |
13 | XXV (relating to retirement for State employees and |
14 | officers). For the purposes of this paragraph, the board |
15 | shall not be considered an executive or independent agency |
16 | under the act of October 15, 1980 (P.L.950, No.164), known as |
17 | the Commonwealth Attorneys Act. The board shall not take |
18 | final action in filling the positions of executive director |
19 | of the board, director of the bureau, chief counsel of the |
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