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| PRIOR PRINTER'S NOS. 1196, 1247, 1460, 1464, 1468, 1544, 1545 | PRINTER'S NO. 1561 |
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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, PILEGGI, ARGALL, ORIE, RAFFERTY, STACK AND COSTA, JUNE 22, 2009 |
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| SENATE AMENDMENTS TO HOUSE AMENDMENTS, DECEMBER 15, 2009 |
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| AN ACT |
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1 | Amending Titles 4 (Amusements) and 64 (Public Authorities and | <-- |
2 | Quasi-Public Corporations) Title 4 (Amusements) of the | <-- |
3 | Pennsylvania Consolidated Statutes, making extensive |
4 | revisions to provisions on gaming, in the areas of |
5 | legislative intent, definitions, the Pennsylvania Gaming |
6 | Control Board, applicability of other statutes, powers of the |
7 | board, code of conduct, expenses of regulatory agencies, |
8 | licensed gaming entity application appeals from board, |
9 | license or permit application hearing process and public |
10 | hearings, board minutes and records, regulatory authority, |
11 | collection of fees and fines, slot machine license fee, |
12 | number of slot machines, reports of board, diversity goals of |
13 | board, license or permit prohibition, specific authority to |
14 | suspend slot machine license, Category 2 slot machine |
15 | license, Category 3 slot machine license, number of slot | <-- |
16 | machine licenses, applications for license or permit, slot |
17 | machine license application, slot machine license application |
18 | character requirements, supplier licenses, manufacturer |
19 | licenses, gaming service provider, occupation permit |
20 | application, alternative manufacturer licensing standards, |
21 | alternative supplier licensing standards, additional licenses |
22 | and permits and approval of agreements, license renewals, |
23 | change in ownership or control of slot machine licensee, |
24 | nonportability of slot machine license, appointment of |
25 | trustee, table games, slot machine licensee deposits, gross |
26 | terminal revenue deductions, itemized budget reporting, |
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1 | establishment of State Gaming Fund and net slot machine |
2 | revenue distribution, distributions from Pennsylvania Race |
3 | Horse Development Fund, Pennsylvania Gaming Economic |
4 | Development and Tourism Fund, transfers from State Gaming |
5 | Fund, responsibility and authority of Department of Revenue, |
6 | wagering on credit, eminent domain authority, compulsive and |
7 | problem gambling program, drug and alcohol treatment, labor |
8 | hiring preferences, declaration of exemption from Federal |
9 | laws prohibiting slot machines, financial and employment |
10 | interests, additional restrictions, political influence, |
11 | regulation requiring exclusion of certain persons, |
12 | prosecutorial and adjudicative functions, investigations and |
13 | enforcement, conduct of public officials and employees, |
14 | prohibited acts and penalties, report of suspicious |
15 | transactions, additional authority, applicability of Clean |
16 | Indoor Air Act, liquor licenses at licensed facilities, |
17 | interception of oral communications, electronic funds |
18 | transfer terminals, junkets, gaming schools and, | <-- |
19 | appropriations and Commonwealth Financing Authority; further | <-- |
20 | providing for powers and duties of the Commonwealth Financing |
21 | Authority; and making related repeals. |
22 | The General Assembly of the Commonwealth of Pennsylvania |
23 | hereby enacts as follows: |
24 | Section 1. Section 1102(11) of Title 4 of the Pennsylvania |
25 | Consolidated Statutes is amended and the section is amended by |
26 | adding paragraphs to read: |
27 | § 1102. Legislative intent. |
28 | The General Assembly recognizes the following public policy |
29 | purposes and declares that the following objectives of the |
30 | Commonwealth are to be served by this part: |
31 | * * * |
32 | (2.1) The authorization of table games in this part is |
33 | intended to supplement slot machine gaming by increasing |
34 | revenues to the Commonwealth and providing new employment |
35 | opportunities by creating skilled jobs for individuals |
36 | related to the conduct of table games at licensed facilities |
37 | in this Commonwealth. |
38 | * * * |
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1 | (10.1) The General Assembly has a compelling interest in |
2 | protecting the integrity of both the electoral process and |
3 | the legislative process by preventing corruption and the |
4 | appearance of corruption which may arise through permitting |
5 | any type of political campaign contributions by certain |
6 | persons involved in the gaming industry and regulated under |
7 | this part. |
8 | (10.2) Banning all types of political campaign |
9 | contributions by certain persons subject to this part is |
10 | necessary to prevent corruption and the appearance of |
11 | corruption, that may arise when political campaign | <-- |
12 | contributions and gaming regulated under this part are |
13 | intermingled. |
14 | (11) It is necessary to maintain the integrity of the |
15 | regulatory control and legislative oversight over the |
16 | operation and play of slot machines and table games in this |
17 | Commonwealth; to [prevent the actual or appearance of |
18 | corruption that may result from large campaign |
19 | contributions;] ensure the bipartisan administration of this |
20 | part; and avoid actions that may erode public confidence in |
21 | the system of representative government. |
22 | (12) It is the intent of the General Assembly to |
23 | authorize the operation and play of slot machines and table |
24 | games under a single slot machine license issued to a slot |
25 | machine licensee under this part. |
26 | (13) The authorization of limited gaming in this |
27 | Commonwealth requires the Commonwealth to take steps to |
28 | increase awareness of compulsive and problem gambling and to |
29 | develop and implement effective strategies for prevention, |
30 | assessment and treatment of this behavioral disorder. |
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1 | (14) Research indicates that for some individuals |
2 | compulsive and problem gambling and drug and alcohol |
3 | addiction are related. Therefore, the General Assembly |
4 | intends to establish an approach to compulsive and problem |
5 | gambling prevention, assessment and treatment that will |
6 | ensure the provision of adequate resources to identify, |
7 | assess and treat both compulsive and problem gambling and |
8 | drug and alcohol addiction. |
9 | Section 2. The definitions of "associated equipment," |
10 | "cheat," "conduct of gaming," "conviction," "gaming employee," |
11 | "gross terminal revenue," "key employee," "licensed facility," |
12 | "manufacturer," "manufacturer license," "slot machine," |
13 | "supplier" and "supplier license" in section 1103 of Title 4 are |
14 | amended and the section is amended by adding definitions to |
15 | read: |
16 | § 1103. Definitions. |
17 | The following words and phrases when used in this part shall |
18 | have the meanings given to them in this section unless the |
19 | context clearly indicates otherwise: |
20 | * * * |
21 | "Associated equipment." Any equipment or mechanical, |
22 | electromechanical or electronic contrivance, component or |
23 | machine used in connection with [gaming] slot machines or table |
24 | games, including linking devices which connect to progressive |
25 | slot machines or slot machines, replacement parts, equipment |
26 | which affects the proper reporting and counting of gross |
27 | terminal revenue and gross table game revenue, computerized |
28 | systems for controlling and monitoring slot machines or table |
29 | games, including, but not limited to, the central control |
30 | computer to which all slot machines communicate and devices for |
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1 | weighing or counting money. |
2 | * * * |
3 | "Banking game." Any table game in which a player competes |
4 | against a certificate holder rather than against another player. |
5 | * * * |
6 | "Cash." United States currency and coin. |
7 | "Cash equivalent." An asset that is readily convertible to |
8 | cash, including, but not limited to, any of the following: |
9 | (1) Chips or tokens. |
10 | (2) Travelers checks. |
11 | (3) Foreign currency and coin. |
12 | (4) Certified checks, cashier's checks and money orders. |
13 | (5) Personal checks or drafts. |
14 | (6) A negotiable instrument applied against credit |
15 | extended by a certificate holder or a financial institution. |
16 | (7) Any other instrument or representation of value that |
17 | the Pennsylvania Gaming Control Board deems a cash |
18 | equivalent. |
19 | * * * |
20 | "Certificate holder." A slot machine licensee that holds a |
21 | table game operation certificate awarded by the Pennsylvania |
22 | Gaming Control Board in accordance with Chapter 13A (relating to |
23 | table games). |
24 | "Cheat." To [alter without authorization] defraud or steal |
25 | from any player, slot machine licensee or the Commonwealth while |
26 | operating or playing a slot machine or table game, including |
27 | causing, aiding, abetting or conspiring with another person to |
28 | do so. The term shall also mean to alter or causing, aiding, |
29 | abetting or conspiring with another person to alter the elements |
30 | of chance, method of selection or criteria which determine: |
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1 | (1) The result of a slot machine game or table game. |
2 | (2) The amount or frequency of payment in a slot machine |
3 | game or table game. |
4 | (3) The value of a wagering instrument. |
5 | (4) The value of a wagering credit. |
6 | The term does not include altering a slot machine, table game |
7 | device or associated equipment for [required] maintenance [and] |
8 | or repair with the approval of a slot machine licensee. |
9 | "Cheating or thieving device." A device used or possessed |
10 | with the intent to be used to cheat during the operation or play |
11 | of any slot machine or table game. The term shall also include |
12 | any device used to alter a slot machine or a table game device |
13 | without the slot machine licensee's approval. |
14 | "Chip." A representation of value, including a plaque, |
15 | issued by a certificate holder for use in playing a table game |
16 | at the certificate holder's licensed facility and redeemable |
17 | with the issuing certificate holder for cash or cash equivalent. |
18 | * * * |
19 | "Conduct of gaming." The licensed placement [and], operation |
20 | and play of [games of chance] slot machines and table games |
21 | under this part, as authorized and approved by the Pennsylvania |
22 | Gaming Control Board [at a licensed facility]. |
23 | "Contest." A table game competition among players for cash, |
24 | cash equivalents or prizes. |
25 | * * * |
26 | "Conviction." A finding of guilt or a plea of guilty or nolo |
27 | contendere, whether or not a judgment of sentence has been |
28 | imposed as determined by the law of the jurisdiction in which |
29 | the prosecution was held. The term does not include a conviction |
30 | that has been expunged or overturned or for which an individual |
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1 | has been pardoned or had an order of Accelerated Rehabilitative |
2 | Disposition entered. |
3 | * * * |
4 | "Count room." A secured room at a licensed facility |
5 | designated for the counting, wrapping and recording of slot |
6 | machine and table game receipts. |
7 | "Counterfeit chip." Any object that is: |
8 | (1) used or intended to be used to play a table game at |
9 | a certificate holder's licensed facility and which was not |
10 | issued by that certificate holder for such use; or |
11 | (2) presented to a certificate holder for redemption if |
12 | the object was not issued by the certificate holder. |
13 | * * * |
14 | "Electronic gaming table." A gaming table approved by the |
15 | Pennsylvania Gaming Control Board that is a mechanical, |
16 | electrical or computerized contrivance, terminal, machine or |
17 | other device which, upon insertion or placement of cash or cash |
18 | equivalents therein or thereon, or upon a wager or payment of |
19 | any consideration whatsoever, is available for play or operation |
20 | by one or more players as a table game. The term shall include |
21 | any gaming table where a wager or payment is made using an |
22 | electronic or computerized wagering or payment system. The term |
23 | shall not include a slot machine. |
24 | "Executive-level public employee." The term shall include |
25 | the following: |
26 | (1) Deputy Secretaries of the Commonwealth and the |
27 | Governor's Office executive staff. |
28 | (2) An employee of the executive branch whose duties |
29 | substantially involve licensing or enforcement under this |
30 | part, who has discretionary power which may affect or |
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1 | influence the outcome of a Commonwealth agency's action or |
2 | decision or who is involved in the development of regulations |
3 | or policies relating to a licensed entity. The term shall |
4 | include an employee with law enforcement authority. |
5 | (3) An employee of a county or municipality with |
6 | discretionary powers which may affect or influence the |
7 | outcome of the county's or municipality's action or decision |
8 | related to this part or who is involved in the development of |
9 | law, regulation or policy relating to matters regulated under |
10 | this part. The term shall include an employee with law |
11 | enforcement authority. |
12 | (4) An employee of a department, agency, board, |
13 | commission, authority or other governmental body not included |
14 | in paragraph (1), (2) or (3) with discretionary power which |
15 | may affect or influence the outcome of the governmental |
16 | body's action or decision related to this part or who is |
17 | involved in the development of regulation or policy relating |
18 | to matters regulated under this part. The term shall include |
19 | an employee with law enforcement authority. |
20 | * * * |
21 | "Fully automated electronic gaming table." An electronic |
22 | gaming table determined by the Pennsylvania Gaming Control Board |
23 | to be playable or operable as a table game without the |
24 | assistance or participation of a person acting on behalf of a |
25 | certificate holder. |
26 | * * * |
27 | "Gaming employee." Any employee of a slot machine licensee, |
28 | including, but not limited to: |
29 | (1) Cashiers. |
30 | (2) Change personnel. |
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1 | (3) [Counting] Count room personnel. |
2 | (4) Slot attendants. |
3 | (5) Hosts or other [persons] individuals authorized to |
4 | extend complimentary services, including employees performing |
5 | functions similar to those performed by a gaming junket |
6 | representative. |
7 | (6) Machine mechanics [or], computer machine technicians |
8 | or table game device technicians. |
9 | (7) Security personnel. |
10 | (8) Surveillance personnel. |
11 | (9) [Supervisors] Promotional play supervisors, credit |
12 | supervisors, pit supervisors, cashier supervisors, shift |
13 | supervisors, table game managers and assistant managers and |
14 | other supervisors and managers, except for those specifically |
15 | identified in this part as key employees. |
16 | (10) Boxmen. |
17 | (11) Dealers or croupiers. |
18 | (12) Floormen. |
19 | (13) Personnel authorized to issue promotional play. |
20 | (14) Personnel authorized to issue credit. |
21 | The term [includes] shall include employees of a person holding |
22 | a supplier's license whose duties are directly involved with the |
23 | repair or distribution of slot machines [and], table game |
24 | devices or associated equipment sold or provided to [the] a |
25 | licensed facility within this Commonwealth as determined by the |
26 | Pennsylvania Gaming Control Board. The term does not include |
27 | bartenders, cocktail servers or other persons engaged solely in |
28 | preparing or serving food or beverages, clerical or secretarial |
29 | personnel, parking attendants, janitorial, stage, sound and |
30 | light technicians and other nongaming personnel as determined by |
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1 | the board. |
2 | "Gaming junket." A gaming arrangement made by a gaming |
3 | junket enterprise or a gaming junket representative for an |
4 | individual who: |
5 | (1) Is selected or approved for participation in the |
6 | arrangement based on the individual's ability to satisfy |
7 | specific financial qualifications and the likelihood that the |
8 | individual will participate in playing slot machines or table |
9 | games and patronize a licensed facility for the purpose of |
10 | gaming. |
11 | (2) Receives complimentary services or gifts from a slot |
12 | machine licensee for participation in the arrangement |
13 | including the costs of transportation, food, lodging or |
14 | entertainment. |
15 | "Gaming junket enterprise." A person, other than a slot |
16 | machine licensee, who employs or otherwise engages the services |
17 | of a gaming junket representative to arrange gaming junkets to a |
18 | licensed facility, regardless of whether the activities of the |
19 | person or the gaming junket representative occur within this |
20 | Commonwealth. |
21 | "Gaming junket representative." An individual, other than an |
22 | employee of a slot machine licensee, who arranges and negotiates |
23 | the terms of a gaming junket or selects individuals to |
24 | participate in a gaming junket to a licensed facility, |
25 | regardless of whether the activities of the individual occur |
26 | within this Commonwealth. |
27 | "Gaming school." Any educational institution approved by the |
28 | Department of Education as an accredited college or university, |
29 | community college, Pennsylvania private licensed school or its |
30 | equivalent and whose curriculum guidelines are approved by the |
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1 | Department of Labor and Industry to provide education and job |
2 | training related to employment opportunities associated with |
3 | slot machines or table games, including slot machine, table game |
4 | device and associated equipment maintenance and repair. |
5 | "Gaming service provider." A person that is not required to |
6 | be licensed as a manufacturer, supplier, management company or |
7 | gaming junket enterprise and: |
8 | (1) provides goods or services to a slot machine |
9 | licensee or an applicant for a slot machine license for use |
10 | in the operation of a licensed facility; or |
11 | (2) provides goods or services at a licensed facility. |
12 | "Gross table game revenue." The total of: |
13 | (1) Cash or cash equivalents received in the playing of |
14 | a table game minus the total of: |
15 | (i) Cash or cash equivalents paid to players as a |
16 | result of playing a table game. |
17 | (ii) Cash or cash equivalents paid to purchase |
18 | annuities to fund prizes payable to players over a period |
19 | of time as a result of playing a table game. |
20 | (iii) The actual cost paid by the certificate holder |
21 | for any personal property distributed to a player as a |
22 | result of playing a table game. This does not include |
23 | travel expenses, food, refreshments, lodging or services. |
24 | (2) Contest or tournament fees or payments, including |
25 | entry fees, buy-ins, re-buys and administrative fees, imposed |
26 | by a certificate holder to participate in a table game |
27 | contest or tournament, less cash paid or actual cost paid by |
28 | a certificate holder for prizes awarded to the contest or |
29 | tournament winners. |
30 | (3) The total amount of the rake collected by a |
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1 | certificate holder. |
2 | The term does not include counterfeit cash or chips; coins or |
3 | currency of other countries received in the playing of a table |
4 | game, except to the extent that the coins or currency are |
5 | readily convertible to cash; or cash taken in a fraudulent act |
6 | perpetrated against a certificate holder for which the |
7 | certificate holder is not reimbursed. |
8 | "Gross terminal revenue." The total of cash or cash |
9 | equivalent wagers received by a slot machine minus the total of: |
10 | (1) Cash or cash equivalents paid out to [patrons] |
11 | players as a result of playing a slot machine [which are paid |
12 | to patrons either manually], whether paid manually or or paid | <-- |
13 | out by the slot machine. |
14 | (2) Cash or cash equivalents paid to purchase annuities |
15 | to fund prizes payable to [patrons] players over a period of |
16 | time as a result of playing a slot machine. |
17 | (3) Any personal property distributed to a [patron as |
18 | the] player as a result of playing a slot machine. This does |
19 | not include travel expenses, food, refreshments, lodging or |
20 | services. |
21 | (4) Cash received as entry fees for slot machine |
22 | contests or tournaments in which players compete for prizes. |
23 | The term does not include counterfeit [money] cash or tokens[,]; |
24 | coins or currency of other countries [which are] received in |
25 | slot machines, except to the extent that [they] the coins or |
26 | currency are readily convertible to [United States currency,] |
27 | cash; or cash taken in a fraudulent [acts] act perpetrated |
28 | against a slot machine licensee for which the licensee is not |
29 | reimbursed [or cash received as entry fees for contests or |
30 | tournaments in which the patrons compete for prizes]. |
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1 | * * * |
2 | "Hotel." As follows: | <-- |
3 | (1) Except as provided under paragraph (2), one or more |
4 | "Hotel." One or more buildings owned or operated by a | <-- |
5 | certificate holder which is attached to, physically connected to |
6 | or adjacent to the certificate holder's licensed facility in |
7 | which members of the public may, for a consideration, obtain |
8 | sleeping accommodations. |
9 | (2) When the term is used in section 1305 (relating to | <-- |
10 | Category 3 slot machine license), a building or buildings in |
11 | which members of the public may, for a consideration, obtain |
12 | sleeping accommodations. |
13 | * * * |
14 | "Key employee." Any individual who is employed in a director |
15 | or department head capacity and who is empowered to make |
16 | discretionary decisions that regulate slot machine or table game |
17 | operations, including the general manager and assistant manager |
18 | of the licensed facility, director of slot operations, director |
19 | of table game operations, director of cage and/or credit |
20 | operations, director of surveillance, director of marketing, |
21 | director of management information systems, director of |
22 | security, comptroller and any employee who is not otherwise |
23 | designated as a gaming employee and who supervises the |
24 | operations of these departments or to whom these department |
25 | directors or department heads report and such other positions |
26 | not otherwise designated or defined under this part which the |
27 | Pennsylvania Gaming Control Board shall determine based on |
28 | detailed analyses of job descriptions as provided in the |
29 | internal controls of the licensee as approved by the |
30 | Pennsylvania Gaming Control Board. All other gaming employees |
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1 | unless otherwise designated by the Pennsylvania Gaming Control |
2 | Board shall be classified as non-key employees. |
3 | "Law enforcement authority." The power to conduct |
4 | investigations of or to make arrests for criminal offenses. |
5 | * * * |
6 | "Licensed entity representative." A person, including an |
7 | attorney, agent or lobbyist, acting on behalf of or authorized |
8 | to represent the interest of any applicant, licensee, permittee |
9 | or other person authorized by the Pennsylvania Gaming Control |
10 | Board to engage in any act or activity which is regulated under |
11 | the provisions of this part regarding any matter before, or |
12 | which may reasonably be expected to come before, the |
13 | Pennsylvania Gaming Control Board. |
14 | "Licensed facility." The physical land-based location at |
15 | which a licensed gaming entity is authorized to place and |
16 | operate slot machines and, if authorized by the Pennsylvania |
17 | Gaming Control Board under Chapter 13A (relating to table |
18 | games), to conduct table games. The term includes any: |
19 | (1) area of a licensed racetrack at which a slot machine | <-- |
20 | licensee was previously authorized pursuant to section |
21 | 1207(17) (relating to regulatory authority of board) to |
22 | operate slot machines prior to the effective date of this | <-- |
23 | paragraph; |
24 | (2) board-approved interim facility or temporary |
25 | facility; and |
26 | (3) area of a hotel which the Pennsylvania Gaming |
27 | Control Board determines is suitable to conduct table games. |
28 | * * * |
29 | "Manufacturer." A person who manufactures, builds, rebuilds, |
30 | fabricates, assembles, produces, programs, designs or otherwise |
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1 | makes modifications to any slot machine, table game device or |
2 | associated equipment for use or play of slot machines or table |
3 | games in this Commonwealth for gaming purposes. |
4 | "Manufacturer license." A license issued by the Pennsylvania |
5 | Gaming Control Board authorizing a manufacturer to manufacture |
6 | or produce slot machines, table game devices or associated |
7 | equipment for use in this Commonwealth for gaming purposes. |
8 | * * * |
9 | "Municipal authority." A body politic and corporate created |
10 | under the former act of June 28, 1935 (P.L.463, No.191), known |
11 | as the Municipality Authorities Act of one thousand nine hundred |
12 | and thirty-five, the former act of May 2, 1945 (P.L.382, |
13 | No.164), known as the Municipality Authorities Act of 1945, the |
14 | act of July 29, 1953 (P.L.1034, No.270), known as the Public |
15 | Auditorium Authorities Law or 53 Pa.C.S. Ch. 56 (relating to |
16 | municipal authorities). |
17 | * * * |
18 | "Nonbanking game." Any table game in which a player competes |
19 | against another player and in which the certificate holder |
20 | collects a rake. |
21 | * * * |
22 | "Party." The Bureau of Investigations and Enforcement of the |
23 | Pennsylvania Gaming Control Board or any applicant, licensee, |
24 | permittee, registrant or other person appearing of record in any |
25 | proceeding before the Pennsylvania Gaming Control Board. |
26 | * * * |
27 | "Player." An individual wagering cash, a cash equivalent or | <-- |
28 | other thing of value in the play or operation of a slot machine |
29 | or table game, including during a contest or tournament, the | <-- |
30 | play or operation of which may deliver or entitle the individual |
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1 | playing or operating the slot machine or table game to receive |
2 | cash, a cash equivalent or other thing of value from another | <-- |
3 | player or a slot machine licensee. |
4 | * * * |
5 | "Rake." A set fee or percentage assessed by a certificate |
6 | holder for providing the services of a dealer, gaming table or |
7 | location, for playing to allow the play or operation of any | <-- |
8 | nonbanking game. |
9 | * * * |
10 | "Slot machine." Any mechanical [or], electrical or |
11 | computerized contrivance, terminal, machine or other device |
12 | approved by the Pennsylvania Gaming Control Board which, upon |
13 | insertion of a coin, bill, ticket, token or similar object |
14 | therein or upon payment of any consideration whatsoever, |
15 | including the use of any electronic payment system except a |
16 | credit card or debit card, is available to play or operate, the |
17 | play or operation of which, whether by reason of skill or |
18 | application of the element of chance or both, may deliver or |
19 | entitle the person or persons playing or operating the |
20 | contrivance, terminal, machine or other device to receive cash, |
21 | billets, tickets, tokens or electronic credits to be exchanged |
22 | for cash or to receive merchandise or anything of value |
23 | whatsoever, whether the payoff is made automatically from the |
24 | machine or manually. A slot machine: |
25 | (1) May utilize spinning reels or video displays or |
26 | both. |
27 | (2) May or may not dispense coins, tickets or tokens to |
28 | winning patrons. |
29 | (3) May use an electronic credit system for receiving |
30 | wagers and making payouts. |
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1 | The term shall include associated equipment necessary to conduct |
2 | the operation of the contrivance, terminal, machine or other |
3 | device. |
4 | * * * |
5 | "Supplier." A person that sells, leases, offers or otherwise |
6 | provides, distributes or services any slot machine, table game |
7 | device or associated equipment for use or play of slot machines |
8 | or table games in this Commonwealth. |
9 | "Supplier license." A license issued by the Pennsylvania |
10 | Gaming Control Board authorizing a supplier to provide products |
11 | or services related to slot machines, table game devices or |
12 | associated equipment to slot machine licensees for use in this |
13 | Commonwealth for gaming purposes. |
14 | * * * |
15 | "Suspicious transaction." The A transaction between a slot | <-- |
16 | machine licensee or an employee of a slot machine licensee that |
17 | involves the acceptance or redemption by a person of cash or a |
18 | cash equivalent involving or aggregating $5,000 or more which a |
19 | slot machine licensee or employee of a slot machine licensee |
20 | knows, suspects or has reason to believe: |
21 | (1) involves funds derived from illegal activities or is |
22 | intended or conducted in order to conceal or disguise funds |
23 | or assets derived from illegal activities; |
24 | (2) is part of a plan to violate or evade any law or |
25 | regulation or to avoid any transaction reporting requirement |
26 | under the laws or regulations of this Commonwealth or the |
27 | United States, including a plan to structure a series of |
28 | transactions to avoid any transaction reporting requirement |
29 | under the laws or regulations of this Commonwealth or the |
30 | United States; or |
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1 | (3) has no lawful business or other apparent lawful | <-- |
2 | purpose or is not the type of transaction in which a person |
3 | would normally be expected to engage and the slot machine |
4 | licensee or employee knows of no reasonable explanation for |
5 | the transaction after examining the available facts, |
6 | including the background and possible purpose of the |
7 | transaction. |
8 | "Table game." Any banking or nonbanking game approved by the |
9 | Pennsylvania Gaming Control Board. The term includes roulette, |
10 | baccarat, blackjack, poker, craps, big six wheel, mini-baccarat, |
11 | red dog, pai gow, twenty-one, casino war, acey-ducey, sic bo, |
12 | chuck-a-luck, fan-tail, panguingui, chemin de fer, Panguingue, | <-- |
13 | Fan-tan, Asia poker, Boston 5 stud poker, Caribbean stud poker, |
14 | Colorado hold 'em poker, double attack blackjack, double cross |
15 | poker, double down stud poker, fast action hold 'em, flop poker, |
16 | four card poker, let it ride poker, mini-craps, mini-dice, pai |
17 | gow poker, pokette, Spanish 21, Texas hold 'em bonus poker, |
18 | three card poker, two card joker poker, ultimate Texas hold 'em, |
19 | winner's pot poker and any other banking or nonbanking game. The |
20 | term shall not include: |
21 | (1) Lottery games of the Pennsylvania State Lottery as |
22 | authorized under the act of August 26, 1971 (P.L.351, No.91), |
23 | known as the State Lottery Law. |
24 | (2) Bingo as authorized under the act of July 10, 1981 |
25 | (P.L.214, No.67), known as the Bingo Law. |
26 | (3) Pari-mutuel betting on the outcome of thoroughbred |
27 | or harness horse racing as authorized under the act of |
28 | December 17, 1981 (P.L.435, No.135), known as the Race Horse |
29 | Industry Reform Act. |
30 | (4) Small games of chance as authorized under the act of |
|
1 | December 19, 1988 (P.L.1262, No.156), known as the Local |
2 | Option Small Games of Chance Act. |
3 | (5) Slot machine gaming and progressive slot machine |
4 | gaming as defined and authorized under this part. |
5 | (6) Keno. |
6 | "Table game device." Includes gaming tables, cards, dice, |
7 | chips, shufflers, tiles, dominoes, wheels, drop boxes or any |
8 | mechanical, electrical or computerized contrivance, terminal, |
9 | machine or other device, apparatus, equipment or supplies |
10 | approved by the Pennsylvania Gaming Control Board and used to |
11 | conduct a table game. |
12 | "Table game operation certificate." A certificate awarded by |
13 | the Pennsylvania Gaming Control Board under Chapter 13A |
14 | (relating to table games) that authorizes a slot machine |
15 | licensee to conduct table games in accordance with this part. |
16 | "Tournament." An organized series of contests approved by |
17 | the Pennsylvania Gaming Control Board in which an overall winner |
18 | is ultimately determined. |
19 | "Trustee." A person appointed by the Pennsylvania Gaming |
20 | Control Board under section 1332 (relating to appointment of |
21 | trustee) to manage and control the operations of a licensed |
22 | facility and who has the fiduciary responsibility to make |
23 | decisions to preserve the viability of a licensed facility and |
24 | the integrity of gaming in this Commonwealth. |
25 | * * * |
26 | Section 3. Section 1201(f)(3), (h)(5), (7.1), (10), (11), |
27 | (13), (14) and (15) and (k) of Title 4 are amended, subsection |
28 | (h) is amended by adding paragraphs and the section is amended |
29 | by adding a subsection to read: |
30 | § 1201. Pennsylvania Gaming Control Board established. |
|
1 | * * * |
2 | (f) Qualified majority vote.-- |
3 | * * * |
4 | (3) Notwithstanding any other provision of this part or |
5 | 65 Pa.C.S. § 1103(j) (relating to restricted activities), a |
6 | member shall disclose the nature of his disqualifying |
7 | interest, disqualify himself and abstain from voting in a |
8 | hearing or proceeding under this part in which his |
9 | objectivity, impartiality, integrity or independence of |
10 | judgment may be reasonably questioned, as provided in |
11 | subsection (h)(6) or section 1202.1(c)(3) (relating to code |
12 | of conduct). If a legislative appointee has disqualified |
13 | himself, the qualified majority shall consist of all of the |
14 | remaining legislative appointees and at least two |
15 | gubernatorial appointees. |
16 | * * * |
17 | (h) Qualifications and restrictions.-- |
18 | * * * |
19 | (4.1) No member shall engage in any business, employment |
20 | or vocation for which the member receives a salary, |
21 | compensation or fee for services rendered which is in excess |
22 | of 15% of the member's gross annual salary as a member of the |
23 | board. For purposes of this paragraph, the terms "salary," |
24 | "compensation" and "fee" do not include any of the following: |
25 | (i) Passive or unearned income, including interest, |
26 | dividends or capital gains from the sale of assets or |
27 | securities held for investment purposes. |
28 | (ii) Health care benefits or retirement, pension or |
29 | annuity payments. |
30 | (iii) Amounts received from a family-controlled |
|
1 | trade or business in which both personal services and |
2 | capital are income-producing factors, provided that the |
3 | personal services actually rendered by the member do not |
4 | generate a significant amount of income. |
5 | (iv) Director's fees attributable to board |
6 | membership of a corporate or nonprofit body or board or |
7 | reimbursement for expenses incurred in connection with |
8 | board membership. |
9 | (5) No member shall be paid or receive any fee or other |
10 | compensation for any activity related to the duties or |
11 | authority of the board other than salary and expenses |
12 | provided by law [for any activity related to the duties or |
13 | authority of the board. Nothing in this part shall prohibit a |
14 | member from engaging in any employment or receiving any |
15 | compensation for such employment that is not connected to or |
16 | incompatible with his service as a member of the board]. |
17 | * * * |
18 | (7.1) Prior to being sworn as a member, an appointee and |
19 | his immediate family shall divest any financial interest in |
20 | any applicant, licensed facility or licensed entity and in an |
21 | affiliate, intermediary, subsidiary or holding company |
22 | thereof owned or held by the appointee or known to be held by |
23 | the appointee's immediate family. For the duration of the |
24 | member's term and for [one year] two years thereafter, the |
25 | member and the member's immediate family may not acquire a |
26 | financial interest in any applicant, licensed facility or |
27 | licensed entity or in an affiliate, intermediary, subsidiary |
28 | or holding company [thereof] of an applicant, licensed |
29 | facility or licensed entity. For purposes of this paragraph, |
30 | the term "immediate family" shall mean spouse and any minor |
|
1 | or unemancipated child. |
2 | * * * |
3 | (10) No former member may appear before the board in any |
4 | hearing or proceeding or participate in any other activity on |
5 | behalf of any applicant, licensed entity, or an affiliate, |
6 | intermediary, subsidiary or holding company [thereof] of an |
7 | applicant or licensed entity, or any other licensee or |
8 | permittee, for a period of two years from the termination of |
9 | term of office. |
10 | (11) No member, employee of the board or independent |
11 | contractor [of the board] shall accept a complimentary |
12 | service, wager or be paid any prize from any wager at any |
13 | licensed facility within this Commonwealth or at any other |
14 | facility outside this Commonwealth which is owned or operated |
15 | by a licensed gaming entity or any of its affiliates, |
16 | intermediaries, subsidiaries or holding companies [thereof] |
17 | for the duration of their term of office, employment or |
18 | contract with the board and for a period of [one year] two | <-- |
19 | years from the termination of term of office, employment or |
20 | contract with the board. The provisions of this paragraph |
21 | prohibiting wagering during the term of employment shall not |
22 | apply to employees [who utilize] or independent contractors |
23 | while utilizing slot machines or table game devices for |
24 | testing purposes or [to verify] while verifying the |
25 | performance of a slot machine or table game as part of an |
26 | enforcement investigation. |
27 | * * * |
28 | (13) No employee of the board [or individual employed by |
29 | an independent contractor of the board] whose duties |
30 | substantially involve licensing[,] or enforcement [or], the |
|
1 | development [or adoption] of laws, or the development or |
2 | adoption of regulations or policy related to gaming under |
3 | this part or who has other discretionary authority which may |
4 | affect or influence the outcome of an action, proceeding or | <-- |
5 | decision under this part, including the executive director, |
6 | bureau directors and attorneys, shall do any of the |
7 | following: |
8 | (i) [accept] Accept employment with or be retained |
9 | by an applicant or licensed entity, or an affiliate, |
10 | intermediary, subsidiary or holding company [thereof] of |
11 | an applicant or licensed entity, for a period of [one |
12 | year after] two years following the termination of [the] |
13 | employment [relating to the conduct of gaming or contract |
14 | with the board; or]. |
15 | (ii) [appear] Appear before the board in any hearing |
16 | or proceeding or participate in any other activity on |
17 | behalf of any applicant, licensee, permittee or licensed |
18 | entity, or an affiliate, intermediary, subsidiary or |
19 | holding company [thereof] of an applicant, licensee or |
20 | licensed entity, for a period of two years after |
21 | termination of [the] employment [or contract with the |
22 | board]. |
23 | As a condition of employment, an individual subject to this | <-- |
24 | paragraph shall sign an affidavit that the individual will |
25 | not accept employment with or be retained by any applicant or |
26 | licensed entity, or an affiliate, intermediary, subsidiary or |
27 | holding company of an applicant or licensed entity, for a |
28 | period of two years following the termination of employment. |
29 | If an employee of the board refuses or otherwise fails to |
30 | sign the affidavit, the board shall terminate the employment. |
|
1 | An applicant or licensed entity, or an affiliate, |
2 | intermediary, subsidiary or holding company of an applicant |
3 | or licensed entity, shall not employ or retain an individual |
4 | who signed an affidavit required by this paragraph until the |
5 | expiration of the two-year period required by this paragraph |
6 | for the acceptance of employment. An applicant or licensed |
7 | entity, or an affiliate, intermediary, subsidiary or holding |
8 | company of an applicant or licensed entity, that knowingly |
9 | employs or retains an individual in violation of this |
10 | paragraph shall terminate the employment of the individual |
11 | and be subject to a penalty under section 1518(c) (relating |
12 | to prohibited acts; penalties). |
13 | (13.1) No independent contractor or employee of an |
14 | independent contractor whose duties substantially involve |
15 | consultation relating to licensing, enforcement or the |
16 | development or adoption of regulations or policy related to |
17 | gaming under this part shall: |
18 | (i) Accept employment with or be retained by an |
19 | applicant or licensed entity, or an affiliate, |
20 | intermediary, subsidiary or holding company of an |
21 | applicant or licensed entity, for a period of one year |
22 | after the termination of the contract with the board. |
23 | (ii) Appear before the board in any hearing or |
24 | proceeding or participate in any other activity on behalf |
25 | of an applicant, licensee, permittee or licensed entity, |
26 | or an affiliate, intermediary, subsidiary or holding |
27 | company of an applicant, licensee or licensed entity, for |
28 | a period of two years after termination of employment |
29 | with the independent contractor or termination of the |
30 | contract with the board. |
|
1 | Each contract between the board and an independent contractor |
2 | shall contain a provision requiring the independent |
3 | contractor and each employee of the independent contractor |
4 | subject to this paragraph to sign an affidavit to not accept |
5 | employment with or be retained by any applicant or licensed |
6 | entity, or an affiliate, intermediary, subsidiary or holding |
7 | company of an applicant or licensed entity, for a period of |
8 | one year following the termination of the contract with the |
9 | board or one year following termination of employment with |
10 | the independent contractor, as the case may be. If an |
11 | independent contractor or an employee of an independent |
12 | contractor refuses or otherwise fails to sign the affidavit, |
13 | the board shall terminate the contract. An applicant or |
14 | licensed entity, or an affiliate, intermediary, subsidiary or |
15 | holding company of an applicant or licensed entity, shall not |
16 | employ or retain an individual who signed an affidavit |
17 | required by this paragraph until the expiration of the one- |
18 | year period required by this paragraph for the acceptance of |
19 | employment. An applicant or licensed entity, or an affiliate, |
20 | intermediary, subsidiary or holding company of an applicant |
21 | or licensed entity, that knowingly employs or retains an |
22 | individual in violation of this paragraph shall terminate the |
23 | employment of the individual and be subject to a penalty |
24 | under section 1518(c). |
25 | As a condition of employment with the board, a prospective | <-- |
26 | employee shall sign an affidavit that the individual will not |
27 | violate subparagraph (i) or (ii) upon termination of the |
28 | individual's employment with the board. If an individual |
29 | refuses or otherwise fails to sign the affidavit, the board |
30 | shall rescind the offer of employment and may not employ the |
|
1 | individual. An applicant or licensed entity, or an affiliate, |
2 | intermediary, subsidiary or holding company of an applicant |
3 | or licensed entity, may not employ or retain a former board |
4 | employee subject to subparagraph (i) until the expiration of |
5 | the two-year period. An applicant or licensed entity, or an |
6 | affiliate, intermediary, subsidiary or holding company of an |
7 | applicant or licensed entity, that employs or retains an |
8 | individual in violation of this paragraph shall terminate the |
9 | individual's employment and shall be subject to a penalty |
10 | under section 1518(c) (relating to prohibited acts; |
11 | penalties). |
12 | (13.1) The following shall apply to independent |
13 | contractors and employees of independent contractors whose |
14 | duties substantially involve consultation relating to |
15 | licensing, enforcement or the development or adoption of |
16 | regulations or policy related to gaming under this part: |
17 | (i) No independent contractor may: |
18 | (A) Be retained by an applicant or licensed |
19 | entity, or an affiliate, intermediary, subsidiary, or |
20 | holding company of a licensed entity, for a period of |
21 | one year after the expiration of the contract with |
22 | the board. |
23 | (B) Appear before the board in any hearing or |
24 | proceeding or participate in any other activity on |
25 | behalf of an applicant, licensee, permittee or |
26 | licensed entity, or an affiliate, intermediary, |
27 | subsidiary or holding company of an applicant, |
28 | licensee or licensed entity, for a period of two |
29 | years after termination of the contract with the |
30 | board. |
|
1 | (ii) No employee of an independent contractor shall |
2 | engage in any activity prohibited under clause (A) for a |
3 | period of one year following the date the employee |
4 | terminates his employment. |
5 | (iii) No employee of an independent contractor shall |
6 | engage in any activity prohibited under clause (B) for a |
7 | period of two years following the date the employee |
8 | terminates his employment. |
9 | Each contract between the board and an independent contractor |
10 | subject to this paragraph shall contain a provision requiring |
11 | the independent contractor to sign an affidavit that the |
12 | independent contractor will not violate subparagraph (i)(A) |
13 | or (B), upon expiration of the independent contractor's |
14 | contract with the board. If an independent contractor refuses |
15 | or otherwise fails to sign the affidavit, the board shall not |
16 | execute the contract. As a condition of employment with an |
17 | independent contractor, an individual who would be subject to |
18 | this paragraph as an employee of the independent contractor |
19 | shall sign an affidavit that the individual will not violate |
20 | subparagraph (i)(A) or (B) upon termination of the |
21 | individual's employment with the independent contractor. If |
22 | an individual refuses or otherwise fails to sign the |
23 | affidavit, the independent contractor shall rescind the offer |
24 | of employment and may not employ the individual. An applicant |
25 | or licensed entity, or an affiliate, intermediary, subsidiary |
26 | or holding company of an applicant or licensed entity, may |
27 | not employ or retain a former employee of an independent |
28 | contractor subject to subparagraph (i) until the expiration |
29 | of the one-year period set forth under subparagraph (i). An |
30 | applicant of a licensed entity, or an affiliate, |
|
1 | intermediary, subsidiary or holding company of an applicant |
2 | or licensed entity, that knowingly employs or retains an |
3 | individual in violation of this paragraph shall terminate the |
4 | individual's employment and shall be subject to a penalty |
5 | under section 1518(c). |
6 | (13.2) Nothing under paragraph (13) or (13.1) shall |
7 | prevent a current or former employee of the board, a current |
8 | or former independent contractor or a current or former |
9 | employee of an independent contractor from appearing before |
10 | the board in any hearing or proceeding as a witness or |
11 | testifying as to any fact or information. |
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 |
18 | regulations or policy, licensing or enforcement under this |
19 | part and shall provide a written determination to the |
20 | employee to include any prohibition under this paragraph. An |
21 | individual who] The State Ethics Commission shall issue a |
22 | written determination of whether a person is subject to |
23 | paragraph (13) or (13.1) upon the written request of the |
24 | person or the person's employer or potential employer. A |
25 | person that relies in good faith on a determination issued |
26 | under this paragraph shall not be subject to any penalty for |
27 | an action taken, provided that all material facts set forth |
28 | in the request for [a] the determination are correct. |
29 | (14.1) The State Ethics Commission shall publish a list |
30 | of all employment positions within the board and employment |
|
1 | positions within independent contractors whose duties would |
2 | subject the individuals in those positions to the provisions |
3 | of paragraphs (13) and (13.1). The board and each independent |
4 | contractor shall assist the State Ethics Commission in the |
5 | development of the list, which shall be published by the |
6 | State Ethics Commission in the Pennsylvania Bulletin |
7 | biennially and posted by the board on the board's Internet |
8 | website. Upon request, employees of the board and each |
9 | independent contractor shall have a duty to provide the State |
10 | Ethics Commission with adequate information to accurately |
11 | develop and maintain the list. The State Ethics Commission |
12 | may impose a civil penalty under 65 Pa.C.S. § 1109(f) |
13 | (relating to penalties) upon an individual who fails to |
14 | cooperate with the State Ethics Commission under this |
15 | paragraph. An individual who relies in good faith on the list |
16 | published by the State Ethics Commission shall not be subject |
17 | to any penalty for a violation of paragraph (13) or (13.1). |
18 | (15) If a member[, employee or independent contractor] |
19 | of the board violates any provision of this section, the |
20 | appointing authority [or the board may, upon notice and |
21 | hearing,] may remove the person from the board[, withdraw the |
22 | appointment or terminate the employment or contract, and the |
23 | person shall be ineligible for future appointment, employment |
24 | or contract with the board and for approval of a license or |
25 | permit under this part for a period of two years thereafter]. |
26 | A member removed under this paragraph shall, for a period of |
27 | five years following removal, be prohibited from future |
28 | appointment to the board and shall be prohibited from |
29 | applying for a license, permit or other authorization under |
30 | this part and from becoming an independent contractor or |
|
1 | registering as a licensed entity representative. |
2 | * * * |
3 | (k) Appointments.--The appointing authorities shall make |
4 | their initial appointments within 60 days of the effective date |
5 | of this part. Appointments to fill a vacancy shall be made |
6 | within 60 days of the creation of the vacancy. No appointment |
7 | shall be final until receipt by the appointing authority of the |
8 | required background investigation of the appointee by the |
9 | Pennsylvania State Police which shall be completed within 30 |
10 | days. No person who has been convicted in any domestic or |
11 | foreign jurisdiction of a felony, infamous crime or gaming |
12 | offense shall be appointed to the board. |
13 | * * * |
14 | (m.1) Budgetary impasse.--If, in the event of a budgetary or |
15 | other fiscal crisis, the Governor orders the furlough of |
16 | Commonwealth employees, the board and its employees and all |
17 | employees of the department and the Pennsylvania State Police |
18 | whose duties involve the regulation and oversight of gaming |
19 | under this part shall not be subject to furlough and shall |
20 | continue to perform their duties of employment. |
21 | * * * |
22 | Section 3.1. Section 1201.1(a)(1) of Title 4 is amended to |
23 | read: |
24 | § 1201.1. Applicability of other statutes. |
25 | (a) General rule.--The following acts shall apply to the |
26 | board: |
27 | (1) The act of [June 21, 1957 (P.L.390, No.212), |
28 | referred to] February 14, 2008 (P.L.6, No.3), known as the |
29 | Right-to-Know Law. |
30 | * * * |
|
1 | Section 4. Section 1202(a)(1) and (2) and (b)(7), (20) and |
2 | (23) of Title 4 are amended and subsection (b) is amended by |
3 | adding paragraphs to read: |
4 | § 1202. General and specific powers. |
5 | (a) General powers.-- |
6 | (1) The board shall have general and sole regulatory |
7 | authority over the conduct of gaming or related activities as |
8 | described in this part. The board shall ensure the integrity |
9 | of the acquisition and operation of slot machines, table |
10 | games, table game devices and associated equipment and shall |
11 | have sole regulatory authority over every aspect of the |
12 | authorization [and], operation and play of slot machines and |
13 | table games. |
14 | (2) The board shall employ individuals as necessary to |
15 | carry out the powers and duties of the board, who shall serve |
16 | at the board's pleasure. An employee of the board shall be |
17 | considered a State employee for purposes of 71 Pa.C.S. Pt. |
18 | XXV (relating to retirement for State employees and |
19 | officers). For the purposes of this paragraph, the board |
20 | shall not be considered an executive or independent agency |
21 | under the act of October 15, 1980 (P.L.950, No.164), known as |
22 | the Commonwealth Attorneys Act. The board shall not take |
23 | final action to fill any vacancy in the position of executive |
24 | director of the board, director of the bureau, chief counsel |
25 | of the board or director of the Office of Enforcement Counsel |
26 | until receipt and review of the results of the individual's |
27 | background investigation under section 1517(c)(1.1) (relating |
28 | to investigations and enforcement). |
29 | * * * |
30 | (b) Specific powers.--The board shall have the specific |
|
1 | power and duty: |
2 | * * * |
3 | (7) To administer oaths, examine witnesses and issue |
4 | subpoenas compelling the attendance of witnesses or the |
5 | production of documents and records or other evidence[. The |
6 | provisions of this paragraph shall apply to designated |
7 | officers and employees.], or to designate officers or |
8 | employees to perform these duties. |
9 | * * * |
10 | (12.1) At its discretion, to award, revoke, suspend, |
11 | condition or deny a table game operation certificate to a |
12 | slot machine licensee in accordance with Chapter 13A |
13 | (relating to table games). |
14 | * * * |
15 | (20) In addition to the power of the board regarding |
16 | license and permit applicants, to determine at its discretion |
17 | the suitability of any person who furnishes or seeks to |
18 | furnish to a slot machine licensee directly or indirectly any |
19 | goods, services or property related to slot machines, table |
20 | games, table game devices or associated equipment or through |
21 | any arrangements under which that person receives payment |
22 | based directly or indirectly on earnings, profits or receipts |
23 | from the slot machines, table games, table game devices and |
24 | associated equipment. The board may require any such person |
25 | to comply with the requirements of this part and the |
26 | regulations of the board and may prohibit the person from |
27 | furnishing the services or property. |
28 | * * * |
29 | (23) The board shall not approve an application for or |
30 | issue or renew a license, certificate, registration or permit |
|
1 | unless it is satisfied that the applicant has demonstrated by |
2 | clear and convincing evidence that the applicant is a person |
3 | of good character, honesty and integrity and is a person |
4 | whose prior activities, criminal record, if any, reputation, |
5 | habits and associations do not pose a threat to the public |
6 | interest or the effective regulation and control of slot |
7 | machine or table game operations or create or enhance the |
8 | danger of unsuitable, unfair or illegal practices, methods |
9 | and activities in the conduct of slot machine or table game |
10 | operations or the carrying on of the business and financial |
11 | arrangements incidental thereto. |
12 | * * * |
13 | (27.1) To publish each January in the Pennsylvania |
14 | Bulletin and on the Pennsylvania Gaming Control Board's |
15 | Internet website a complete list of all slot machine |
16 | licensees who filed a petition seeking authorization to |
17 | conduct table games and the status of each petition or table |
18 | game operation certificate. |
19 | * * * |
20 | (31) To collect and post information on its Internet |
21 | website with sufficient detail to inform the public of each |
22 | person with a controlling interest or ownership interest in |
23 | an applicant for a slot machine license or a licensed gaming |
24 | entity, or affiliate, intermediary, subsidiary or holding |
25 | company of an applicant or licensed gaming entity. The |
26 | posting shall include: |
27 | (i) If the applicant or licensed gaming entity, or |
28 | any affiliate, intermediary, subsidiary or holding |
29 | company of the applicant or licensed gaming entity, is a |
30 | publicly traded domestic or foreign corporation, |
|
1 | partnership, limited liability company or other legal |
2 | entity, the names of all persons with a controlling |
3 | interest. |
4 | (ii) If the applicant or licensed gaming entity, or |
5 | any affiliate, intermediary, subsidiary or holding |
6 | company of the applicant or licensed gaming entity, is a |
7 | privately held domestic or foreign corporation, |
8 | partnership, limited liability company or other legal |
9 | entity, the names of all persons with an ownership |
10 | interest equal to or greater than 1%. |
11 | (iii) The name of any person entitled to cast the |
12 | vote of a person named under subparagraph (i) or (ii). |
13 | (iv) The names of all officers, directors and |
14 | principals of the applicant or licensed gaming entity. |
15 | (32) To appoint a trustee as prescribed in section 1332 |
16 | (relating to appointment of trustee). |
17 | (33) To adopt regulations governing the postemployment |
18 | limitations and restrictions applicable to members and to |
19 | employees of the board subject to section 1201(h)(13) |
20 | (relating to Pennsylvania Gaming Control Board established). |
21 | In developing these regulations, the board may consult with |
22 | the State Ethics Commission, other governmental agencies and |
23 | the disciplinary board of the Supreme Court of Pennsylvania |
24 | regarding postemployment limitations and restrictions on |
25 | members and employees of the board who are members of the |
26 | Pennsylvania Bar. |
27 | (34) To review detailed site plans identifying a |
28 | petitioner's proposed table game area within a licensed |
29 | facility to determine the adequacy of the proposed internal |
30 | and external security and proposed surveillance measures. |
|
1 | Section 5. Section 1202.1 of Title 4 is amended to read: |
2 | § 1202.1. Code of conduct. |
3 | (a) Scope.--The board shall adopt a comprehensive code of |
4 | conduct prior to the consideration of any license, permit or |
5 | registration application. The code of conduct shall supplement |
6 | all other requirements under this part and 65 Pa.C.S. Pt. II |
7 | (relating to accountability) and shall provide guidelines |
8 | applicable to members, employees of the board, independent |
9 | contractors [of the board] and the immediate [families] family |
10 | of the members, employees and independent contractors to enable |
11 | them to avoid any perceived or actual conflict of interest and |
12 | to promote public confidence in the integrity and impartiality |
13 | of the board. At a minimum, the code of conduct adopted under |
14 | this section shall include registration of licensed entity |
15 | representatives under subsection (b) and the restrictions under |
16 | [subsection (c)] subsections (c) and (c.1). |
17 | (b) Registration.-- |
18 | (1) A licensed entity representative shall register with |
19 | the board in a manner prescribed by the board, which shall |
20 | include the name, employer or firm, business address[,] and |
21 | business telephone number of both the licensed entity |
22 | representative and [the] any licensed entity, applicant for |
23 | licensure or other person being represented. |
24 | (2) A licensed entity representative shall have an |
25 | [ongoing] affirmative duty to update its registration |
26 | information on an ongoing basis and failure to do so shall be |
27 | punishable by the board. |
28 | (3) The [registration list] board shall maintain a |
29 | registration list which shall contain the information |
30 | required under paragraph (1) and which shall be available for |
|
1 | public inspection at the offices of the board and on the |
2 | board's Internet website. |
3 | (c) Restrictions.--[A] In addition to the other prohibitions |
4 | contained in this part, a member [of the board] shall: |
5 | (1) [Not engage in any ex parte communication with any |
6 | person.] (Reserved). |
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; affiliate, subsidiary, or intermediary of an |
11 | applicant or a licensed entity; permittee[,]; registrant; or |
12 | 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] any applicant, licensed entity, party, permittee, |
2 | registrant or licensed entity representative, or from any |
3 | affiliate, subsidiary, intermediary or holding company of [a] |
4 | any applicant, licensed entity, [interested] party or |
5 | licensed entity representative. [A board] Subject to the |
6 | provisions of section 1201(h)(4.1), a member may serve as an |
7 | officer, employee or member of the governing body of a |
8 | nonprofit entity and may attend, make personal contributions |
9 | to and plan or preside over the entity's fundraising events. |
10 | A [board] member may permit his name to appear on the |
11 | letterhead used for fundraising events if the letterhead |
12 | contains only the [board] member's name and position with the |
13 | nonprofit entity. |
14 | (7) Not meet or engage in discussions with any |
15 | applicant, [person licensed under this part or a] licensed |
16 | entity, permittee, registrant, licensed entity |
17 | representative, person who provides goods, property or |
18 | services to a slot machine licensee or any other person or |
19 | entity under the jurisdiction of the board unless the meeting |
20 | or discussion occurs on the business premises of the board |
21 | and is recorded in a log [maintained for this purpose]. The |
22 | log shall be available for public inspection during the |
23 | regular business hours of the board and shall be posted on |
24 | the board's Internet website. The log shall include the date |
25 | and time of the meeting or discussion, the names of the |
26 | participants and the subject discussed. The provisions of |
27 | this paragraph shall not apply to meetings [of the board] to |
28 | consider matters requiring the physical inspection of the |
29 | equipment or premises of an applicant or a licensed entity |
30 | [at their location] provided the meeting is entered in the |
|
1 | log. |
2 | (8) Avoid impropriety and the appearance of impropriety |
3 | at all times and observe standards and conduct that promote |
4 | public confidence in the oversight of gaming. |
5 | (9) Comply with any other laws, rules or regulations |
6 | relating to the conduct of a member. |
7 | (c.1) Ex parte communications.-- |
8 | (1) No member or hearing officer of the board shall |
9 | engage in any ex parte communication with any person. No |
10 | attorney of the Office of Chief Counsel advising the board on |
11 | a particular licensing issue or proceeding shall engage in |
12 | any ex parte communication with any person. |
13 | (2) No attorney representing the bureau or the Office of |
14 | Enforcement Counsel or an applicant, licensee or permittee in |
15 | any proceeding, shall engage in an ex parte communication |
16 | with a member, an attorney of the Office of Chief Counsel who |
17 | is advising the board on a proceeding or a hearing officer of |
18 | the board. |
19 | (3) No employee of the bureau or the Office of |
20 | Enforcement Counsel shall engage in an ex parte communication |
21 | with a member, an attorney of the Office of Chief Counsel who |
22 | is advising the board on a proceeding or a hearing officer of |
23 | the board. |
24 | (c.2) Procedures relating to ex parte communications.-- |
25 | (1) An ex parte communication received or engaged in by |
26 | a member or hearing officer shall be recorded in a log. The |
27 | log shall be available for public inspection during the |
28 | regular business hours of the board and shall be posted on |
29 | the board's Internet website. The log shall include: |
30 | (i) The name of the individual documenting the ex |
|
1 | parte communication. |
2 | (ii) The date and time of the ex parte |
3 | communication. |
4 | (iii) The names of all individuals involved in the |
5 | ex parte communication. |
6 | (iv) The subject discussed. |
7 | (2) In addition to documenting an ex parte communication |
8 | under paragraph (1), notification of the substance of the |
9 | communication and an opportunity to respond shall be provided |
10 | to all parties to a hearing or other proceeding directly |
11 | affected by the anticipated vote or action of the hearing |
12 | officer or board related to the ex parte communication. |
13 | (3) (i) A member or hearing officer who engaged in or |
14 | received an ex parte communication shall recuse himself |
15 | from any hearing or other proceeding related to the ex |
16 | parte communication if the context and substance of the |
17 | ex parte communication creates substantial reasonable |
18 | doubt as to the individual's ability to act objectively, |
19 | independently or impartially. |
20 | (ii) A member or hearing officer who engaged in or |
21 | received an ex parte communication who elects not to |
22 | recuse himself from a hearing or other proceeding shall |
23 | state his reasons for not recusing himself on the record |
24 | prior to the commencement of the hearing or proceeding. |
25 | (iii) If a legislative appointee recuses himself |
26 | from any hearing or other proceeding under this section, |
27 | any qualified majority vote required under this part |
28 | shall consist of all of the remaining legislative |
29 | appointees and at least two gubernatorial appointees. |
30 | (iv) Failure of a hearing officer who engaged in or |
|
1 | received an ex parte communication to recuse himself from |
2 | a hearing or other proceeding when required under |
3 | subparagraph (i) shall be grounds for appeal to the |
4 | board. |
5 | (v) Failure of a member who engaged in or received |
6 | an ex parte communication to recuse himself from a |
7 | hearing or other proceeding when required under |
8 | subparagraph (i) shall be grounds for appeal to a court |
9 | of competent jurisdiction if the board action being |
10 | appealed could not have occurred without the |
11 | participation of the member. |
12 | (4) This subsection shall not preclude a member from |
13 | consulting with other members individually if the |
14 | consultation complies with 65 Pa.C.S. Ch. 7 (relating to |
15 | open meetings) or with employees or independent |
16 | contractors whose functions are to assist the board in |
17 | carrying out its adjudicative functions. |
18 | (d) Ex officio members.--The restrictions under subsection |
19 | (c)(5) shall not apply to ex officio members. |
20 | (e) Definitions.--As used in this section, the following |
21 | words and phrases shall have the meanings given to them in this |
22 | subsection: |
23 | "Ex parte communication." An off-the-record communication |
24 | engaged in or received by a member or [employee] hearing officer |
25 | of the board regarding the merits of or any fact in issue |
26 | relating to a pending matter before the board or hearing officer |
27 | or which may reasonably be expected to come before the board or |
28 | hearing officer in a contested on-the-record proceeding. The |
29 | term shall not include off-the-record communications by or |
30 | between a member or [employee] hearing officer of the board, |
|
1 | [Department of Revenue] department, Pennsylvania State Police, |
2 | Attorney General or other law enforcement official prior to the |
3 | beginning of the proceeding solely for the purpose of seeking |
4 | clarification or correction to evidentiary materials intended |
5 | for use in the proceedings. The term shall also not include |
6 | communications between the board or a member and the office of |
7 | chief counsel. |
8 | ["Licensed entity representative." A person acting on behalf |
9 | of or representing the interest of any applicant, licensee, |
10 | permittee or registrant, including an attorney, agent or |
11 | lobbyist, regarding any matter which may reasonably be expected |
12 | to come before the board.] |
13 | Section 6. Title 4 is amended by adding a section to read: |
14 | § 1202.2. Expenses of regulatory agencies. |
15 | (a) Reimbursement.--Members and employees of the board, |
16 | employees of the department and the Office of Attorney General, |
17 | and troopers and employees of the Pennsylvania State Police, |
18 | whose duties involve the regulation or enforcement of gaming |
19 | under this part who are seeking reimbursement from funds which |
20 | are or will be paid by an applicant for a slot machine license |
21 | or a slot machine licensee or from the assessments made by the |
22 | department under section 1402(a)(relating to gross terminal |
23 | revenue deductions) may be reimbursed only for actual and |
24 | reasonable expenses incurred during the performance of their |
25 | duties under this part. |
26 | (b) Receipts.--In order to receive reimbursement for an |
27 | expense under subsection (a), the individual seeking |
28 | reimbursement must submit a receipt to the appropriate agency |
29 | documenting the expense incurred. Receipts and requests for |
30 | reimbursement shall be financial records for purposes of, and |
|
1 | subject to redaction under, the act of February 14, 2008 (P.L.6, |
2 | No.3), known as the Right-to-Know Law. |
3 | Section 7. Section 1204 of Title 4 is amended to read: |
4 | § 1204. Licensed gaming entity application appeals from board. |
5 | The Supreme Court of Pennsylvania shall be vested with |
6 | exclusive appellate jurisdiction to consider appeals of any |
7 | final order, determination or decision of the board involving |
8 | the approval, issuance, denial or conditioning of a slot machine |
9 | license or the award, denial or conditioning of a table game |
10 | operation certificate. Notwithstanding the provisions of 2 |
11 | Pa.C.S. Ch. 7 Subch. A (relating to judicial review of |
12 | Commonwealth agency action) and 42 Pa.C.S. § 763 (relating to |
13 | direct appeals from government agencies), the Supreme Court |
14 | shall affirm all final orders, determinations or decisions of |
15 | the board involving the approval, issuance, denial or |
16 | conditioning of a slot machine license or the award, denial or |
17 | conditioning of a table game operation certificate unless it |
18 | shall find that the board committed an error of law or that the |
19 | order, determination or decision of the board was arbitrary and |
20 | there was a capricious disregard of the evidence. |
21 | Section 7.1. Section 1205(b)(1) and (2) of Title 4 are |
22 | amended and the subsection is amended by adding a paragraph to |
23 | 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) Approving a slot machine license application or |
3 | renewing a slot machine license. |
4 | (ii) Approving the structural redesign of a licensed |
5 | facility located in a city of the first class. |
6 | (2) All public input hearings [relating to an |
7 | application for a slot machine license] under paragraph (1) |
8 | shall be held in the municipality where the licensed facility |
9 | will be, or is, located and shall be organized in cooperation |
10 | with the municipality. |
11 | * * * |
12 | (4) In addition to any witnesses scheduled to testify |
13 | under paragraph (3), the board shall establish a public |
14 | comment period during which time members of the public may |
15 | address the board regarding the application, license or |
16 | proposed structural redesign. The board, in its discretion, |
17 | may place reasonable time limits on an individual's comments. |
18 | Section 8. Section 1206(f) of Title 4 is amended to read: |
19 | § 1206. Board minutes and records. |
20 | * * * |
21 | (f) Confidentiality of information.--[All] |
22 | (1) The following information submitted by an applicant, |
23 | permittee or licensee pursuant to section 1310(a) (relating |
24 | to slot machine license application character requirements) |
25 | or 1308(a.1) (relating to applications for license or permit) |
26 | or obtained by the board or the bureau as part of a |
27 | background or other investigation from any source shall be |
28 | [considered] confidential[.] and withheld from public |
29 | disclosure: |
30 | (i) All information relating to character, honesty |
|
1 | and integrity, including family, habits, reputation, |
2 | history of criminal activity, business activities, |
3 | financial affairs and business, professional and personal |
4 | associations submitted under section 1310(a) or 1308(a.1) |
5 | or otherwise obtained by the board or the bureau. |
6 | (ii) Nonpublic personal information, including home |
7 | addresses, telephone numbers and other personal contact |
8 | information, Social Security numbers, educational |
9 | records, memberships, medical records, tax returns and |
10 | declarations, actual or proposed compensation, financial |
11 | account records, creditworthiness or financial condition |
12 | relating to an applicant, licensee or permittee or the |
13 | immediate family thereof. |
14 | (iii) Information relating to proprietary |
15 | information, trade secrets, patents or exclusive |
16 | licenses, architectural and engineering plans and |
17 | information relating to competitive marketing materials |
18 | and strategies, which may include customer-identifying |
19 | information or customer prospects for services subject to |
20 | 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 criminal history record information that is available to |
17 | the public under 18 Pa.C.S. § 9121(b) (relating to general |
18 | regulations). |
19 | (3) No claim of confidentiality shall be made regarding |
20 | any record in possession of the board that is otherwise |
21 | publicly available from a Commonwealth agency, local agency |
22 | or another jurisdiction. |
23 | (3.1) Notwithstanding paragraph (1)(iii), for purposes |
24 | of a public input hearing under this part, the board may |
25 | release architectural renderings or models depicting a |
26 | proposed structural design or redesign of the licensed |
27 | facility that is the subject of the hearing. |
28 | (4) Except as provided in section 1517(f) (relating to |
29 | [investigation] investigations and enforcement), the |
30 | information made confidential pursuant to this section shall |
|
1 | be withheld from public disclosure in whole or in part, |
2 | except that any confidential information shall be released |
3 | upon the [lawful] order of a court of competent jurisdiction |
4 | or, with the approval of the Attorney General, to a duly |
5 | authorized law enforcement agency or shall be released to the |
6 | public, in whole or in part, to the extent that such release |
7 | is requested by an applicant or licensee and does not |
8 | otherwise contain confidential information about another |
9 | person. |
10 | (5) The board may seek a voluntary waiver of |
11 | confidentiality from an applicant or licensee but may not |
12 | require any applicant or licensee to waive any |
13 | confidentiality provided for in this subsection as a |
14 | condition for the approval of an application, renewal of a |
15 | license or any other action of the board. [Any person who |
16 | violates this subsection shall] |
17 | (6) No current or former member and no current or former |
18 | employee, agent or independent contractor of the board, the |
19 | department, the Pennsylvania State Police, the Office of |
20 | Attorney General or any other Executive-branch office who has |
21 | obtained confidential information in the performance of |
22 | duties under this part, shall intentionally and publicly |
23 | disclose the information to any person, knowing that the |
24 | information being disclosed is confidential under this |
25 | subsection, unless the person is authorized by law to receive |
26 | it. A violation of this subsection constitutes a misdemeanor |
27 | of the third degree. In addition, an employee, agent or |
28 | independent contractor who violates this subsection shall be |
29 | administratively disciplined by discharge, suspension, |
30 | termination of contract or other formal disciplinary action |
|
1 | as [the board deems] appropriate. If a current member |
2 | violates this paragraph, the other members shall refer the |
3 | matter to the current member's appointing authority. |
4 | * * * |
5 | Section 8.1. Section 1207(4), (5), (8), (9), (14) and (17) |
6 | of Title 4 are amended and the section is amended by adding |
7 | paragraphs to read: |
8 | § 1207. Regulatory authority of board. |
9 | The board shall have the power and its duties shall be to: |
10 | * * * |
11 | (4) Require that each licensed entity provide to the |
12 | board its audited annual financial statements, with such |
13 | additional detail as the board from time to time shall |
14 | require, which information shall be submitted not later than |
15 | [60] 90 days after the end of the licensee's fiscal year. |
16 | (5) Prescribe the procedures to be followed by slot |
17 | machine licensees for any financial event that occurs in the |
18 | operation and play of slot machines or table games. |
19 | * * * |
20 | (7.1) Enforce prescribed hours for the operation of |
21 | table games so that a certificate holder may conduct table |
22 | games on any day during the year in order to meet the needs |
23 | of patrons or to meet competition. |
24 | (8) Require that each licensed gaming entity prohibit |
25 | persons under 21 years of age from operating or using slot |
26 | machines or playing table games. |
27 | (9) Establish procedures for the inspection and |
28 | certification of compliance of each slot machine, table game, |
29 | table game device and associated equipment prior to being |
30 | placed into use by a slot machine licensee. |
|
1 | * * * |
2 | (14) Consult with members of the Pennsylvania State |
3 | Police, the Office of Attorney General, the department and |
4 | such other persons it deems necessary for advice regarding |
5 | the various aspects of the powers and duties imposed on it |
6 | under this part and its jurisdiction over the authorization, |
7 | [and] operation and play of slot machines, table games and |
8 | licensed facilities. |
9 | * * * |
10 | (17) Permit, in its discretion and upon application or |
11 | petition, the use of a temporary facility within which slot |
12 | machines and table games may be available for play or |
13 | operation at a licensed [gaming] facility, for a period not |
14 | to exceed 24 months, provided that, upon good cause shown, |
15 | the board may extend permission to operate a temporary |
16 | facility for an additional [12-month] 24-month period. |
17 | (18) In consultation with the department, establish a | <-- |
18 | procedure and method for determining the daily gross table |
19 | game revenue from play at gaming tables, including electronic |
20 | gaming tables and fully automated electronic gaming tables. |
21 | (18) (Reserved). | <-- |
22 | (19) Authorize an employee of the board to approve, deny |
23 | or condition a certificate holder's request to decrease the |
24 | number of slot machines in operation at its licensed |
25 | facility. An employee may not approve a requested decrease in |
26 | the number of slot machines under this paragraph if the |
27 | requested decrease exceeds 2% of the total number of slot |
28 | machines in operation at the certificate holder's licensed |
29 | facility. At Except as provided under paragraph (20), at no | <-- |
30 | time shall the number of slot machines in operation at a |
|
1 | Category 1 or Category 2 licensed facility be less than 1,500 |
2 | or less than 500 slot machines at a Category 3 licensed | <-- |
3 | facility. |
4 | (20) Approve, in its discretion, a Approve or authorize | <-- |
5 | an employee of the board to approve, a temporary reduction in |
6 | the number of slot machines in operation at a licensed |
7 | facility under the following circumstances: |
8 | (i) For the duration of any renovation, remodeling |
9 | or modification of an area of a licensed facility where |
10 | slot machines are located. |
11 | (ii) To enable the licensed facility to respond to |
12 | an emergency. |
13 | (iii) In response to market conditions. | <-- |
14 | At no time shall the number of slot machines in operation at |
15 | a Category 1 or Category 2 licensed facility be less than |
16 | 1,500. |
17 | (21) Authorize, in its discretion, a slot machine | <-- |
18 | licensee to conduct slot machine tournaments and adopt |
19 | regulations governing the conduct of such tournaments. |
20 | Section 8.2. Sections 1208(1), 1209(b) and (f) and 1210 of |
21 | Title 4 are amended to read: |
22 | § 1208. Collection of fees and fines. |
23 | The board has the following powers and duties: |
24 | (1) To levy and collect fees from the various |
25 | applicants, licensees and permittees to fund the operations |
26 | of the board. [The] Unless otherwise provided in this part, |
27 | the fees shall be deposited into the State Gaming Fund as |
28 | established in section 1403 (relating to establishment of |
29 | State Gaming Fund and net slot machine revenue distribution) |
30 | and distributed to the board upon appropriation by the |
|
1 | General Assembly. In addition to the fees set forth in |
2 | sections 1209 (relating to slot machine license fee) and 1305 |
3 | (relating to Category 3 slot machine license), the board |
4 | shall assess and collect fees as follows: |
5 | (i) [Supplier] Subject to subparagraph (i.1), | <-- |
6 | supplier licensees shall pay [a]: |
7 | (A) A fee of $25,000 upon the issuance of a |
8 | license [and $10,000 for the annual renewal of a |
9 | supplier license.] to supply slot machines or |
10 | associated equipment used in connection with slot |
11 | machines. |
12 | (B) A fee of $25,000 upon the issuance of a |
13 | license to supply table game devices or associated |
14 | equipment used in connection with table games or |
15 | table game devices. |
16 | (C) A fee of $15,000 for the annual renewal of |
17 | the appropriate supplier license. Upon the extension |
18 | of the renewal period under section 1317(c)(1) |
19 | (relating to supplier licenses), the fee shall be |
20 | $45,000 for the renewal. |
21 | (D) Notwithstanding the fees established under | <-- |
22 | clauses (B) and (C), the board may modify the fees |
23 | upon the board's determination that the fees will |
24 | unreasonably limit the availability of table game |
25 | devices or associated equipment used in connection |
26 | with table games or table game devices in this |
27 | Commonwealth. |
28 | (ii) [Manufacturer] Subject to subparagraph (ii.1), | <-- |
29 | manufacturer licensees shall pay [a]: |
30 | (A) A fee of $50,000 upon the issuance of a |
|
1 | license [and $25,000 for the annual renewal of a |
2 | manufacturer license.] to manufacture slot machines |
3 | and associated equipment used in connection with slot |
4 | machines. |
5 | (B) A fee of $50,000 upon the issuance of a |
6 | license to manufacture table game devices or |
7 | associated equipment used in connection with table |
8 | games or table game devices. |
9 | (C) A fee of $30,000 for the annual renewal of |
10 | the appropriate manufacturer license. Upon the |
11 | extension of the renewal period under section |
12 | 1317.1(c)(1) (relating to manufacturer licenses), the |
13 | fee shall be $90,000 for the renewal. |
14 | (D) Notwithstanding the fees established under | <-- |
15 | clauses (B) and (C), the board may modify the fees |
16 | upon the board's determination that the fees will |
17 | unreasonably limit the availability of table game |
18 | devices or associated equipment used in connection |
19 | with table games or table game devices in this |
20 | Commonwealth. |
21 | (iii) Each application for a slot machine license, |
22 | supplier license or manufacturer license must be |
23 | accompanied by a nonrefundable fee set by the board for |
24 | the cost of each individual requiring a background |
25 | investigation. The reasonable and necessary costs and |
26 | expenses incurred in any background investigation or |
27 | other investigation or proceeding concerning any |
28 | applicant, licensee, permittee or registrant shall be |
29 | reimbursed to the board by those persons. |
30 | * * * |
|
1 | § 1209. Slot machine license fee. |
2 | * * * |
3 | (b) Term.--A slot machine license, after payment of the fee, |
4 | shall be in effect unless suspended, revoked or not renewed by |
5 | the board upon good cause consistent with the license |
6 | requirements as provided for in this part. Slot machine |
7 | licensees shall be required to update the information in their |
8 | initial applications annually, and the license of a licensee in |
9 | good standing shall be [updated and] renewed [annually] every |
10 | three years. Nothing in this subsection shall relieve a licensee |
11 | of the affirmative duty to notify the board of any changes |
12 | relating to the status of its license or to any other |
13 | information contained in the application materials on file with |
14 | the board. As to the renewal of a license, except as required in |
15 | subsection (f)(1) (f)(3), no additional license fee pursuant to | <-- |
16 | subsection (a) shall be required. |
17 | * * * |
18 | (f) Return of slot machine license fee.-- |
19 | (1) The entire one-time slot machine license fee of |
20 | $50,000,000 for each Category 1 and Category 2 slot machine |
21 | license shall be returned to each licensee in the event |
22 | section 1201 (relating to Pennsylvania Gaming Control Board |
23 | established), 1202 (relating to general and specific powers) |
24 | or 1307 (relating to number of slot machine licenses) is |
25 | amended or otherwise altered by an act of the General |
26 | Assembly, within five years following the [initial issuance |
27 | of any slot machine licenses pursuant to section 1301 |
28 | (relating to authorized slot machine licenses)] date |
29 | established by the board as the deadline for the initial |
30 | submission of Category 1 and Category 2 slot machine license |
|
1 | applications, to change: |
2 | (i) the composition of the board; |
3 | (ii) the number or voting powers of members of the |
4 | board; |
5 | (iii) the manner in which members are nominated or |
6 | appointed to the board; |
7 | (iv) the length of term for which each member |
8 | serves; |
9 | (v) the general jurisdiction of the board in a |
10 | manner that impairs or otherwise reduces the board's |
11 | licensing authority; or |
12 | (vi) section [1307] 1307(a) to increase the | <-- |
13 | statutory maximum number of permissible Category 1 or | <-- |
14 | Category 2 licensed facilities. |
15 | (2) In the event that [this part is amended or otherwise |
16 | altered by an act of] the General Assembly [as] acts in the |
17 | manner described [pursuant to] in paragraph (1): |
18 | (i) In the sixth year following the [initial |
19 | issuance of any slot machine licenses pursuant to section |
20 | 1301] date established by the board as the deadline for |
21 | the initial submission of Category 1 and Category 2 slot |
22 | machine license applications, a Category 1 and Category 2 |
23 | slot machine licensee shall be entitled to a partial |
24 | return of the one-time slot machine license fee in the |
25 | amount of $41,666,667. |
26 | (ii) In the seventh year, [the] each Category 1 and |
27 | Category 2 slot machine licensee shall be entitled to a |
28 | partial return of the one-time slot machine license fee |
29 | in the amount of $33,333,334. |
30 | (iii) In the eighth year, [the] each Category 1 and |
|
1 | Category 2 slot machine licensee shall be entitled to a |
2 | partial return of the one-time slot machine license fee |
3 | in the amount of $25,000,000. |
4 | (iv) In the ninth year, [the] each Category 1 and |
5 | Category 2 slot machine licensee shall be entitled to a |
6 | partial return of the one-time slot machine license fee |
7 | in the amount of $16,666,668. |
8 | (v) In the tenth year, [the] each Category 1 and |
9 | Category 2 slot machine licensee shall be entitled to a |
10 | partial return of the one-time machine license fee in the |
11 | amount of $8,333,334. |
12 | (2.1) In the event that the [action] General Assembly |
13 | acts in the manner described in paragraph (1) [occurs] after |
14 | the expiration of ten years, [the licensee] Category 1 and |
15 | Category 2 slot machine licensees shall not be entitled to a |
16 | return of any portion of the one-time slot machine license |
17 | fee. Notwithstanding the foregoing, no slot machine licensee |
18 | shall be entitled to the return of any portion of the fee as |
19 | a result of any act of the General Assembly insofar as it |
20 | implements a recommendation made by the board pursuant to a |
21 | qualified majority vote. In the event a full or partial |
22 | return of the slot machine license fee imposed pursuant to |
23 | subsection (a) becomes due pursuant to this subsection, the |
24 | amount to be returned to any slot machine licensee shall be |
25 | reduced on a dollar-for-dollar basis by the total accumulated |
26 | tax credits granted to such licensee pursuant to subsection |
27 | (c). In no event shall the total amount of the slot machine |
28 | license fee returned to a Category 1 or Category 2 licensee, |
29 | combined with the total tax credits granted, exceed the |
30 | amounts set forth in this subsection for any licensee. The |
|
1 | total or partial return of the slot machine license fee shall |
2 | extinguish a licensee's right to claim any further tax |
3 | credits pursuant to subsection (c) and to make any future |
4 | claim for the return of the slot machine license fee. |
5 | (3) Within ten days following a determination that a |
6 | slot machine licensee is entitled to the return of any |
7 | portion of the slot machine license fee paid by the slot |
8 | machine licensee based on the provisions of this section or |
9 | based on a the contract executed by a slot machine licensee | <-- |
10 | and the department under subsection (c), the board shall |
11 | immediately assess a one-time slot machine license renewal |
12 | fee on each the slot machine licensee in an amount equal to | <-- |
13 | the amount of the fee returned to the slot machine licensee. |
14 | The renewal fee shall be paid by each the slot machine | <-- |
15 | licensee within two business days following the return of the |
16 | initial fee. |
17 | § 1210. Number of slot machines. |
18 | (a) Initial complement.--Except as provided for Category 3 |
19 | slot machine licensees under section 1305 (relating to Category |
20 | 3 slot machine license), [all] the following apply: |
21 | (1) All slot machine licensees shall be permitted to |
22 | operate up to 3,000 slot machines at any one licensed |
23 | facility [and]. |
24 | (2) Each slot machine licensee shall be required to |
25 | operate and make available to play a minimum of 1,500 slot |
26 | machines at [any one] its licensed facility within one year |
27 | of the issuance by the board of a slot machine license |
28 | [unless otherwise extended by the] to the slot machine |
29 | licensee. The board, upon application and for good cause |
30 | shown, may grant an extension for an additional period [not |
|
1 | to exceed 24 months] ending on the later of no later than 36 | <-- |
2 | months from the end of the initial one-year period or |
3 | December 31, 2012. |
4 | (3) Upon expiration of the applicable time period under | <-- |
5 | paragraph (2) and at all times thereafter, a slot machine |
6 | licensee shall be required to operate and make available to |
7 | play a minimum of 1,500 slot machines at its licensed |
8 | facility. |
9 | (b) Additional slot machines.--Except as provided for |
10 | Category 3 slot machine licensees under section 1305, six months |
11 | following the date of commencement of slot machine operations, |
12 | the board may permit a slot machine licensee to install and |
13 | operate up to 2,000 additional slot machines at its licensed |
14 | facility, beyond those machines [authorized] permitted under |
15 | subsection (a), upon application by the slot machine licensee. |
16 | The board, in considering such an application, shall take into |
17 | account the appropriateness of the physical space where the |
18 | additional slot machines will be located and the convenience of |
19 | the public attending the facility. The board may also take into |
20 | account the potential benefit to economic development, |
21 | employment and tourism, enhanced revenues to the Commonwealth |
22 | and other economic indicators it deems applicable in making its |
23 | decision. |
24 | [(c) Limitation.--For the two and one-half years following |
25 | the beginning of slot machine operations at the licensed |
26 | facility, no licensed gaming entity may make available for play |
27 | by its patrons at its licensed facility more than 50% of slot |
28 | machines from the same manufacturer or its affiliate, |
29 | intermediary, subsidiary or holding company. The provisions of |
30 | this subsection shall not apply to machines purchased pursuant |
|
1 | to a contract or order executed by a conditional Category 1 or |
2 | Category 1 slot machine licensee prior to October 20, 2006.] |
3 | Section 9. Section 1211(a) of Title 4 is amended and the |
4 | section is amended by adding subsections to read: |
5 | § 1211. Reports of board. |
6 | (a) Report of board.--Eighteen months after the effective |
7 | date of this part and every year on that date thereafter, the |
8 | board shall issue a report to the Governor and each member of |
9 | the General Assembly on the general operation of the board and |
10 | each slot machine licensee's performance, including, but not |
11 | limited to, number and win per slot machine and total gross |
12 | terminal revenue at each licensed [facilities] facility during |
13 | the previous year, all taxes, fees, fines and other revenues |
14 | collected and, where appropriate, disbursed, the costs of |
15 | operation of the board, all hearings conducted and the results |
16 | of the hearings and other information that the board deems |
17 | necessary and appropriate. |
18 | (a.1) Additional reporting requirements.--No later than 12 |
19 | months after the effective date of Chapter 13A (relating to |
20 | table games) and every year thereafter, the annual report |
21 | submitted by the board shall include information on the conduct |
22 | of table games as follows: |
23 | (1) Total gross table game revenue. |
24 | (2) The number and win by type of table game at each |
25 | licensed facility during the previous year. |
26 | (3) All taxes, fees, fines and other revenue collected |
27 | and where appropriate revenue disbursed during the previous |
28 | year. The department shall collaborate with the board to |
29 | carry out the requirements of this paragraph. |
30 | (4) Other information related to the conduct of table |
|
1 | games. |
2 | The board may require certificate holders to provide information |
3 | to the board to assist in the preparation of the report. |
4 | (a.2) Facility responsibility.--Each Category 1 licensed |
5 | facility shall provide: |
6 | (1) An annual report to the board and to the respective |
7 | racing commission summarizing how the introduction and |
8 | expansion of gaming has fulfilled the intent of this part to |
9 | enhance live racing at the licensed racetrack. |
10 | (2) Plans to promote live racing and increase live |
11 | handle and daily attendance at the licensed racetrack in the |
12 | upcoming year. |
13 | (a.3) Expenses.--Beginning 30 days after the effective date |
14 | of this subsection, the board shall post within 45 days after |
15 | the end of each month on its Internet website a list of all the |
16 | itemized expenses of employees and members for that month that |
17 | were or are to be reimbursed from the assessments made by the |
18 | department under section 1402(a) (relating to gross terminal |
19 | revenue deductions) and all itemized expenses of employees of |
20 | the department and the Office of Attorney General and troopers |
21 | and employees of the Pennsylvania State Police for the preceding |
22 | month that were or are to be reimbursed from such assessments. |
23 | The list shall identify the nature of the expense, the employee, |
24 | member or the agency and employee of the agency to which an |
25 | expense is attributable. If the expense is directly attributable |
26 | to or paid by a licensed gaming entity, the list shall identify |
27 | the licensed gaming entity and if the expense was charged to the |
28 | licensed gaming entity. By October 1 of each year, a final |
29 | report of all expenses described in this subsection for the |
30 | preceding fiscal year shall be posted on the board's Internet |
|
1 | website and shall be submitted to the Appropriations Committee |
2 | of the Senate, the Community, Economic and Recreational |
3 | Development Committee of the Senate, the Appropriations |
4 | Committee of the House of Representatives and the Gaming |
5 | Oversight Committee of the House of Representatives. Information |
6 | posted on the Internet website pursuant to this subsection shall |
7 | be financial records for the purposes of and subject to |
8 | redaction under the act of February 14, 2008 (P.L.6, No.3), |
9 | known as the Right-to-Know Law. The board, the department, the |
10 | Office of Attorney General and the Pennsylvania State Police |
11 | shall collaborate to develop a uniform system that will enable |
12 | the board to carry out the requirements of this subsection. |
13 | * * * |
14 | (e) Submission of reports.--Notwithstanding any other |
15 | provision of this part, all annual reports or studies of the |
16 | board required to be submitted to the General Assembly under |
17 | this part after the effective date of this subsection shall be |
18 | submitted by October 1, 2010, and by October 1 of each year |
19 | thereafter. |
20 | Section 10. Sections 1212 and 1213 of Title 4 are amended to |
21 | read: |
22 | § 1212. Diversity goals of board. |
23 | (a) Intent.--It is the intent and goal of the General |
24 | Assembly that the board promote and ensure diversity in all |
25 | aspects of the gaming activities authorized under this part. The |
26 | board shall work to enhance the representation of diverse groups |
27 | in [the]: |
28 | (1) The ownership[, participation and operation] of |
29 | licensed entities [and licensed facilities] in this |
30 | Commonwealth [and through the]. |
|
1 | (2) The ownership[, participation and operation] of |
2 | business enterprises associated with or utilized by licensed |
3 | entities [and licensed facilities] and through the provision |
4 | of goods and services utilized by slot machine licensees |
5 | under this part. |
6 | (3) The operation of licensed entities and the conduct |
7 | of gaming in this Commonwealth by ensuring licensed entities |
8 | promote the participation of diverse groups by affording |
9 | equal access to employment opportunities, including key |
10 | employee, gaming employee, and nongaming employee positions. |
11 | (4) The operation of business enterprises associated |
12 | with or utilized by licensed entities, including business |
13 | enterprises that provide goods, property and services |
14 | utilized by slot machine licensees in this Commonwealth by |
15 | ensuring these business enterprises promote the participation |
16 | of diverse groups by affording equal access to employment |
17 | opportunities. |
18 | (5) The construction, renovation or reconstruction of a |
19 | licensed facility by ensuring that all contracts and |
20 | subcontracts to be awarded relating to the construction, |
21 | renovation or reconstruction of a licensed facility contain |
22 | adequate provisions ensuring all contractors or |
23 | subcontractors and assignees, will promote the participation |
24 | of diverse groups in any proposed construction, renovation or |
25 | reconstruction project by affording equal access to |
26 | employment opportunities. |
27 | (6) The rendering of professional services to licensed |
28 | entities by ensuring licensed entities promote the |
29 | participation of diverse groups by affording equal access to |
30 | professional service contractual opportunities. |
|
1 | (a.1) Reports by licensees.--Each slot machine licensee |
2 | shall submit a quarterly report to the board describing |
3 | activities undertaken at its licensed facility related to the |
4 | development and implementation of its diversity plan in |
5 | accordance with section 1325 (relating to license or permit |
6 | issuance) during the prior quarter. At a minimum, the quarterly |
7 | reports shall contain a summary of: |
8 | (1) All employee recruitment and retention efforts |
9 | undertaken to ensure the participation of diverse groups in |
10 | employment with the slot machine licensee. |
11 | (2) The total number of hires and employment offers |
12 | made, including data relating to the race, gender and |
13 | residence of those hired or offered employment. |
14 | (3) All contracting and subcontracting data involving |
15 | the slot machine licensee and minority-owned business |
16 | enterprises and women-owned business enterprises. |
17 | (4) Any other information deemed relevant or necessary |
18 | by the board to assess the slot machine licensee's diversity |
19 | plan. |
20 | (b) [Investigations] Annual review.--The board [is |
21 | authorized to investigate and] shall conduct an annual [study to |
22 | ascertain] review of each slot machine licensee's activities |
23 | related to the implementation of its diversity plan in order to |
24 | evaluate whether the slot machine licensee has taken effective |
25 | and meaningful action [has been taken or will be taken to |
26 | enhance the] to implement a diversity plan and whether the |
27 | licensee's plan and any other actions taken have achieved or |
28 | will achieve the Commonwealth's goal of enhanced representation |
29 | of diverse groups in the [ownership, participation and operation |
30 | of licensed facilities in this Commonwealth, through the |
|
1 | ownership and operation of business enterprises associated with |
2 | or utilized by slot machine licensees, through the provision of |
3 | goods and services utilized by slot machine licensees and |
4 | through employment opportunities] gaming industry as set forth |
5 | in subsection (a). |
6 | (c) Completion of investigation.--The [first study] review |
7 | required under subsection (b) shall be completed six months |
8 | following the effective date of this [part] section, if |
9 | practically possible, and annually thereafter and shall contain |
10 | recommendations which the board determines appropriate. Each |
11 | review shall contain, at a minimum, a descriptive summary of the |
12 | following relating to each slot machine licensee's licensed |
13 | facility: |
14 | (1) Employee recruitment and retention programs designed |
15 | to ensure the participation of diverse groups. |
16 | (2) The total number of hires and employment offers |
17 | made, including data relating to the race, gender and |
18 | residence of individuals hired or offered employment. |
19 | (3) Minority-owned business enterprise and women-owned |
20 | business enterprise contracting and subcontracting data. |
21 | (d) Facility responsibility.--Each slot machine licensee |
22 | shall provide information as required by the board to enable the |
23 | board to complete the reviews required under subsection (b). |
24 | (e) Definition.--As used in this section, the term |
25 | "professional services" means those services rendered to a slot |
26 | machine licensee which relate to a licensed facility in this |
27 | Commonwealth, including, but not limited to: |
28 | (1) Legal services. |
29 | (2) Advertising or public relations services. |
30 | (3) Engineering services. |
|
1 | (4) Architectural, landscaping or surveying services. |
2 | (5) Accounting, auditing or actuarial services. |
3 | (6) Security consultant services. |
4 | (7) Computer and information technology services, except |
5 | telephone service. |
6 | (8) Insurance underwriting services. | <-- |
7 | § 1213. License or permit prohibition. |
8 | [No applicant for a license or permit under this part, |
9 | including principals and key employees,] The following apply: |
10 | (1) The board shall be prohibited from granting a |
11 | principal license or a key employee license to an individual |
12 | who has been convicted of a felony [or gambling] offense in |
13 | any jurisdiction [shall be issued a license or permit unless |
14 | 15 years has elapsed from the date of expiration of the |
15 | sentence for the offense]. |
16 | (2) [When determining whether to issue a license or |
17 | permit to an applicant who has been convicted in any |
18 | jurisdiction of a felony or gambling offense,] In addition to |
19 | the prohibition under paragraph (1), the board shall be |
20 | prohibited from granting the following: |
21 | (i) A principal license or key employee license to |
22 | an individual who has been convicted in any jurisdiction |
23 | of a misdemeanor gambling offense, unless 15 years have |
24 | elapsed from the date of conviction for the offense. |
25 | (ii) A gaming employee permit or a license other |
26 | than a principal license or key employee license to an |
27 | individual who has been convicted in any jurisdiction of |
28 | a felony offense or of a misdemeanor gambling offense, |
29 | unless 15 years have elapsed from the date of conviction |
30 | for the offense. |
|
1 | (3) Following the expiration of any prohibition period |
2 | applicable to an applicant under paragraph (2), in |
3 | determining whether to issue a license or permit, the board |
4 | shall consider the following factors: |
5 | [(1)] (i) The nature and duties of the applicant's |
6 | position with the licensed entity. |
7 | [(2)] (ii) The nature and seriousness of the offense |
8 | or conduct. |
9 | [(3)] (iii) The circumstances under which the |
10 | offense or conduct occurred. |
11 | [(4)] (iv) The age of the applicant when the offense |
12 | or conduct was committed. |
13 | [(5)] (v) Whether the offense or conduct was an |
14 | isolated or a repeated incident. |
15 | [(6)] (vi) Any evidence of rehabilitation, including |
16 | good conduct in the community, counseling or psychiatric |
17 | treatment received and the recommendation of persons who |
18 | have substantial contact with the applicant. |
19 | (4) For purposes of this section, a felony offense is |
20 | any of the following: |
21 | (i) An offense punishable under the laws of this |
22 | Commonwealth by imprisonment for more than five years. |
23 | (ii) An offense which, under the laws of another |
24 | jurisdiction, is: |
25 | (A) classified as a felony; or |
26 | (B) punishable by imprisonment for more than |
27 | five years. |
28 | (iii) An offense under the laws of another |
29 | jurisdiction which, if committed in this Commonwealth, |
30 | would be subject to imprisonment for more than five |
|
1 | years. |
2 | Section 10.1. Title 4 is amended by adding a section to |
3 | read: |
4 | § 1214. Specific authority to suspend slot machine license. |
5 | (a) Conditions.--Any slot machine licensee that is required |
6 | as a condition of licensure to make payments to a municipality, |
7 | municipal authority or other entity for an economic development |
8 | project, including any project enumerated in the act of July 25, |
9 | 2007 (P.L.342, No.53), known as Pennsylvania Gaming Economic |
10 | Development and Tourism Fund Capital Budget Itemization Act of |
11 | 2007, shall, within 30 days of the effective date of this |
12 | section or within 30 days following licensure, whichever is |
13 | later, enter into a written agreement with the municipality, |
14 | municipal authority or other entity. The written agreement shall |
15 | establish and govern the terms of the required payments, |
16 | including the amounts of each payment, the date on which each |
17 | payment shall be made and the duration of the payments. |
18 | (b) Failure to meet conditions.--If a slot machine licensee |
19 | fails to enter into a written agreement as required by |
20 | subsection (a), the board may take any action it deems |
21 | necessary. An action taken by the board shall remain in effect |
22 | until the slot machine licensee satisfies the board that it has |
23 | entered into the written agreement required by subsection (a). |
24 | (c) Failure to comply with written agreement.--If a slot |
25 | machine licensee is in default with respect to a payment |
26 | obligation contained in a written agreement required by |
27 | subsection (a), the board may take any action it deems |
28 | necessary. An action taken by the board shall remain in effect |
29 | until the slot machine licensee satisfies the board that it is |
30 | in compliance with the terms of the written agreement. |
|
1 | (d) Other remedies applicable.--Nothing in this section |
2 | shall prohibit the board from taking any additional action, |
3 | including suspension or revocation of the slot machine |
4 | licensee's license, appointing a trustee under section 1332, or |
5 | imposing any other sanction permitted by this part against a |
6 | slot machine licensee who violates the provisions of this |
7 | section. |
8 | Section 10.2. Sections 1304(b), and 1305(a)(1), (b)(1), (c), | <-- |
9 | (d) and (e) and 1307 of Title 4 are amended to read: | <-- |
10 | § 1304. Category 2 slot machine license. |
11 | * * * |
12 | (b) Location.-- |
13 | (1) Two Category 2 licensed facilities and no more shall |
14 | be located by the board within a city of the first class, and |
15 | one Category 2 licensed facility and no more shall be located |
16 | by the board within a city of the second class. No Category 2 |
17 | licensed facility located by the board within a city of the |
18 | first class shall be within ten linear miles of a Category 1 |
19 | licensed facility regardless of the municipality where the |
20 | Category 1 licensed facility is located. Except for any |
21 | Category 2 licensed facility located by the board within a |
22 | city of the first class or a city of the second class, no |
23 | Category 2 licensed facility shall be located within 30 |
24 | linear miles of any Category 1 licensed facility that has |
25 | conducted over 200 racing days per year for the two calendar |
26 | years immediately preceding the effective date of this part |
27 | and not within 20 linear miles of any other Category 1 |
28 | licensed facility. Except for any Category 2 licensed |
29 | facility located by the board within a city of the first |
30 | class, no Category 2 licensed facility shall be located |
|
1 | within 20 linear miles of another Category 2 licensed |
2 | facility. |
3 | (2) Within five days of approving a license for an |
4 | applicant with a proposed licensed facility consisting of |
5 | land designated a subzone, an expansion subzone or an |
6 | improvement subzone under the Keystone Opportunity Zone, |
7 | Keystone Opportunity Expansion Zone and Keystone Opportunity |
8 | Improvement Zone Act for a slot machine license under this |
9 | section, the board shall notify the Department of Community |
10 | and Economic Development. The notice shall include a |
11 | description of the land of the proposed licensed facility |
12 | which is designated a subzone, an expansion subzone or an |
13 | improvement subzone. Within five days of receiving the notice |
14 | required by this paragraph, the Secretary of Community and |
15 | Economic Development shall decertify the land of the proposed |
16 | licensed facility as being a subzone, an expansion subzone or |
17 | an improvement subzone. Upon decertification in accordance |
18 | with this paragraph and notwithstanding Chapter 3 of the |
19 | Keystone Opportunity Zone, Keystone Opportunity Expansion |
20 | Zone and Keystone Opportunity Improvement Zone Act, a |
21 | political subdivision may amend the ordinance, resolution or |
22 | other required action which granted the exemptions, |
23 | deductions, abatements or credits required by the Keystone |
24 | Opportunity Zone, Keystone Opportunity Expansion Zone and |
25 | Keystone Opportunity Improvement Zone Act to repeal the |
26 | exemptions, deductions, abatements or credits for the land |
27 | decertified. |
28 | (3) Notwithstanding any other provision of law, the |
29 | governing body of a city of the first class shall not exempt |
30 | from real property taxation or provide any real property tax |
|
1 | abatement under the act of December 1, 1977 (P.L.237, No.76), |
2 | known as the Local Economic Revitalization Tax Assistance |
3 | Act, to a Category 2 licensed facility located within the |
4 | city, or any improvements to such facility, unless the owner |
5 | of the licensed facility enters into or has entered into a |
6 | tax settlement agreement or payment in lieu of taxes |
7 | agreement with the city, including any amendments, |
8 | supplements or modifications of such agreements. |
9 | § 1305. Category 3 slot machine license. |
10 | (a) Eligibility.-- | <-- |
11 | (1) (i) A person may be eligible to apply for a |
12 | Category 3 slot machine license if the applicant, its |
13 | affiliate, intermediary, subsidiary or holding company |
14 | has not applied for or been approved or issued a Category |
15 | 1 or 2 slot machine license and the person is seeking to |
16 | locate a Category 3 licensed facility in a well- |
17 | established resort hotel having no fewer than 275 guest |
18 | rooms under common ownership and having substantial year- |
19 | round [recreational guest] amenities. The applicant for a |
20 | Category 3 license shall be the owner or be a wholly |
21 | owned subsidiary of the owner of the established resort |
22 | hotel. [A Category 3 license may only be granted upon the |
23 | express condition that an individual may not enter a |
24 | gaming area of the licensee if the individual is not a |
25 | registered overnight guest of the established resort |
26 | hotel or if the individual is not a patron of one or more |
27 | of the amenities provided by the established resort |
28 | hotel.] In addition to any other individual prohibited |
29 | under this part from entering the gaming area of a |
30 | licensed facility, an individual who does not meet at |
|
1 | least one of the following criteria shall also be |
2 | prohibited from entering the gaming area of an |
3 | established resort hotel for which a Category 3 license |
4 | has been issued: |
5 | (A) The individual is a registered overnight |
6 | guest of the established resort hotel. |
7 | (B) The individual is a patron of the amenities |
8 | provided by the established resort hotel. |
9 | (C) The individual possesses a membership to the |
10 | established resort hotel or is a guest of an |
11 | individual who possesses such a membership. The guest |
12 | must be accompanied by the individual who possesses |
13 | the membership when entering or remaining in the |
14 | gaming area of the hotel. The owner of the |
15 | established resort hotel may issue memberships that |
16 | allow for up to four guests of the membership owner |
17 | to enter the gaming area. |
18 | (ii) Nothing in this paragraph shall be deemed to |
19 | prohibit an individual 18 years of age or older from |
20 | entering and remaining in the gaming area of an |
21 | established resort hotel while in the performance of |
22 | employment duties performed on behalf of the resort |
23 | hotel. |
24 | * * * |
25 | (b) Location.-- |
26 | (1) Mileage requirements are as follows: |
27 | (i) No Category 3 license which was authorized by |
28 | this part prior to December 1, 2009, regardless of when |
29 | issued, shall be located by the board within 15 linear |
30 | miles of another licensed facility. |
|
1 | (ii) No Category 3 license which was authorized by |
2 | this part after November 30, 2009, shall be located by |
3 | the board within 30 linear miles of another licensed |
4 | facility. |
5 | * * * |
6 | (a) Eligibility.-- | <-- |
7 | (1) A person may be eligible to apply for a Category 3 |
8 | slot machine license if the applicant, its affiliate, |
9 | intermediary, subsidiary or holding company has not applied |
10 | for or been approved or issued a Category 1 or 2 slot machine |
11 | license and the person is seeking to locate a Category 3 |
12 | licensed facility in a well-established resort hotel [having |
13 | no fewer than 275 guest rooms under common ownership and |
14 | having substantial year-round recreational guest amenities]. |
15 | The applicant for a Category 3 license shall be the owner or |
16 | be a wholly owned subsidiary of the owner of the |
17 | [established] well-established resort hotel. A Category 3 |
18 | license may only be granted upon the express condition that |
19 | an individual may not enter a gaming area of the licensee if |
20 | the individual is not [a registered overnight guest of the |
21 | established resort hotel or if the individual is not a patron |
22 | of one or more of the amenities provided by the established |
23 | resort hotel.] any of the following: |
24 | (i) A registered overnight guest of the well- |
25 | established resort hotel. |
26 | (ii) A patron of one or more of the amenities |
27 | provided by the well-established resort hotel. |
28 | (iii) An authorized employee. |
29 | (iv) An individual holding a valid membership |
30 | approved in accordance with paragraph (1.1). |
|
1 | (1.1) The board may approve a seasonal or year-round |
2 | membership that allows an individual to use one or more of |
3 | the amenities provided by the well-established resort hotel |
4 | holding a Category 3 slot machine license. The membership |
5 | shall allow the member and one guest to enter the gaming |
6 | floor at any time. The board shall base its approval of a |
7 | membership on all of the following: |
8 | (i) The duration of the membership. |
9 | (ii) The amenity covered by the membership. |
10 | (iii) Whether the fee charged for the membership |
11 | represents the fair market value for the use of the |
12 | amenity. |
13 | (c) Number of slot machines.--Notwithstanding the number of |
14 | permissible slot machines as set forth in section 1210 (relating |
15 | to number of slot machines), a Category 3 license granted under |
16 | the provisions of this section shall entitle the licensed entity |
17 | to operate no more than 500 slot machines at the licensed |
18 | facility, provided, however, a Category 3 slot machine licensee |
19 | holding a table game operation certificate shall be entitled to |
20 | operate no more than 600 slot machines at its licensed facility. |
21 | (d) Category 3 license fee.--[Notwithstanding the one-time |
22 | slot machine license fee as set forth in section 1209 (relating |
23 | to slot machine license fee), the] The board shall impose a one- |
24 | time Category 3 license fee to be paid by each successful |
25 | applicant in the amount of $5,000,000 to be deposited in the |
26 | State Gaming Fund. The provisions of section [1209 relating to |
27 | term, credit against tax for slot machine licensees, deposit of |
28 | license fee and change of ownership or control of a license |
29 | shall be applicable] 1209(b), (c), (d) and (e) shall apply to a |
30 | Category 3 [license fee] licensee. |
|
1 | (e) Definitions.--For the purpose of subsection (a), the |
2 | following words and phrases shall have the meaning given to them |
3 | in this subsection: |
4 | "Amenities." Any ancillary activities, services or |
5 | facilities in which a registered guest or the transient public, |
6 | in return for non-de minimis consideration as defined by board |
7 | regulation, may participate at a well-established resort hotel, | <-- |
8 | including, but not limited to, sports and recreational |
9 | activities and facilities such as a golf course or golf driving |
10 | range, tennis courts or swimming pool; health spa; convention, |
11 | meeting and banquet facilities; entertainment facilities; and |
12 | restaurant facilities. |
13 | "Patron of the amenities." Any individual who is a |
14 | registered attendee of a convention, meeting or banquet event or |
15 | a participant in a sport or recreational event or any other |
16 | social, cultural or business event held at a resort hotel or who |
17 | participates in one or more of the amenities provided to |
18 | registered guests of the well-established resort hotel. | <-- |
19 | "Well-established resort hotel." A hotel that has at least | <-- |
20 | 275 guest rooms under common ownership and has substantial year- |
21 | round recreational guest amenities. |
22 | § 1307. Number of slot machine licenses. | <-- |
23 | (a) Category 1 and Category 2 slot machine licenses.--The |
24 | board may license no more than seven Category 1 licensed |
25 | facilities and no more than five Category 2 licensed facilities, |
26 | as it may deem appropriate, as long as two, and not more, |
27 | Category 2 [licenses] licensed facilities are located by the |
28 | board within the city of the first class and that one, and not |
29 | more, Category 2 licensed facility is located by the board |
30 | within the city of the second class. The board may at its |
|
1 | discretion increase the total number of Category 2 licensed |
2 | facilities permitted to be licensed by the board by an amount |
3 | not to exceed the total number of Category 1 licenses not |
4 | applied for within five years following the effective date of |
5 | this part. Except as permitted by section 1328 (relating to |
6 | change in ownership or control of slot machine licensee), any |
7 | Category 1 license may be reissued by the board at its |
8 | discretion as a Category 2 license if an application for |
9 | issuance of such license has not been made to the board. |
10 | (b) Category 3 slot machine licenses.-- |
11 | (1) The board may license no more than two Category 3 |
12 | licensed facilities that shall be subject to the mileage |
13 | restriction under section 1305(b)(1)(i)(relating to Category |
14 | 3 slot machine license). |
15 | (2) The board may license no more than one Category 3 |
16 | licensed facility that shall be subject to the mileage |
17 | restriction under section 1305(b)(1)(ii). Within ten days |
18 | following the effective date of this paragraph, the board |
19 | shall establish an application period not to exceed 90 days |
20 | for the acceptance of applications for this Category 3 |
21 | license. |
22 | Section 10.3. Sections 1308 and 1309 of Title 4 are amended |
23 | by adding subsections to read: |
24 | § 1308. Applications for license or permit. |
25 | * * * |
26 | (a.1) Submission of information.--An applicant for a license |
27 | or permit under this part shall disclose in the application all |
28 | arrests of the applicant and all citations issued to the |
29 | applicant for summary gambling non-traffic summary offenses. The | <-- |
30 | information shall include: |
|
1 | (1) A brief description of the circumstances surrounding |
2 | the arrest or issuance of the citation. |
3 | (2) The specific offense charged. |
4 | (3) The ultimate disposition of the charge, including |
5 | the details of any dismissal, plea bargain, conviction, |
6 | sentence, pardon, expungement or order of Accelerated |
7 | Rehabilitative Disposition. |
8 | No applicant shall be required to provide documentation relating |
9 | to any summary offense. Failure of the bureau to recover records |
10 | of a summary offense shall not be grounds for denying an |
11 | application. |
12 | * * * |
13 | § 1309. Slot machine license application. |
14 | * * * |
15 | (a.1) Table games information.-- |
16 | (1) An applicant for a slot machine license may submit |
17 | with its application all information required under Chapter |
18 | 13A (relating to table games) and request that the board |
19 | consider its application for a slot machine license and a |
20 | table game operation certificate concurrently. All fees for a |
21 | table game operation certificate shall be paid by the |
22 | applicant in accordance with section 1361A (relating to table |
23 | game authorization fee). |
24 | (2) The board shall permit any applicant for a slot |
25 | machine license that has an application pending before the |
26 | board on the effective date of this subsection to supplement |
27 | its application with all information required under Chapter |
28 | 13A and to request that the board consider its application |
29 | for a slot machine license and a table game operation |
30 | certificate concurrently. All fees for a table game operation |
|
1 | certificate shall be paid by the applicant in accordance with |
2 | section 1361A. |
3 | * * * |
4 | Section 10.4. Section 1310 of Title 4 is amended to read: |
5 | § 1310. Slot machine license application character |
6 | requirements. |
7 | (a) Application.-- |
8 | (1) Every application for a slot machine license shall |
9 | include such information, documentation and assurances as may |
10 | be required to establish by clear and convincing evidence the |
11 | applicant's suitability, including good character, honesty |
12 | and integrity. Information shall include, without limitation, |
13 | information pertaining to family, habits, character, |
14 | reputation, criminal history background, business activities, |
15 | financial affairs and business, professional and personal |
16 | associates, covering at least the ten-year period immediately |
17 | preceding the filing date of the application. |
18 | (2) Notwithstanding 18 Pa.C.S. § 9124(b) (relating to |
19 | use of records by licensing agencies), in addition to the |
20 | information submitted under section 1308(a.1) (relating to |
21 | applications for license or permit), a conviction for a | <-- |
22 | felony offense or a misdemeanor gambling offense that has |
23 | been expunged or overturned, or for which a person has been |
24 | pardoned or an order of Accelerated Rehabilitative |
25 | Disposition has been issued, shall be included with an |
26 | application and considered by the board as part of the review |
27 | of the applicant's suitability under paragraph (1). |
28 | (b) Civil judgments and law enforcement agency |
29 | information.--Each applicant shall notify the board of any civil |
30 | judgments obtained against the applicant pertaining to antitrust |
|
1 | or security regulation laws of the Federal Government, this |
2 | Commonwealth or any other state, jurisdiction, province or |
3 | country. In addition, each applicant shall produce a letter of |
4 | reference from law enforcement agencies having jurisdiction in |
5 | the applicant's place of residence and principal place of |
6 | business, which letter of reference shall indicate that the law |
7 | enforcement agencies do not have any pertinent information |
8 | concerning the applicant or, if the law enforcement agency does |
9 | have information pertaining to the applicant, shall specify the |
10 | nature and content of that information. If no letters are |
11 | received within 30 days of the request, the applicant may submit |
12 | a statement under oath which is subject to the penalty for false |
13 | swearing under 18 Pa.C.S. § 4903 (relating to false swearing) |
14 | that the applicant is or was during the period the activities |
15 | were conducted in good standing with the gaming or casino |
16 | enforcement or control agency. |
17 | (c) Gaming or casino enforcement agency information.--If the |
18 | applicant has held a gaming license in a jurisdiction where |
19 | gaming activities are permitted, the applicant shall produce a |
20 | letter of reference from the gaming or casino enforcement or |
21 | control agency which shall specify the experiences of that |
22 | agency with the applicant, the applicant's associates and the |
23 | applicant's gaming operation. If no letters are received within |
24 | 30 days of the request, the applicant may submit a statement |
25 | under oath which is subject to the penalty for false swearing |
26 | under 18 Pa.C.S. § 4903 that the applicant is or was during the |
27 | period the activities were conducted in good standing with the |
28 | gaming or casino enforcement or control agency. |
29 | (d) Agency records.--Each applicant for a slot machine |
30 | license, principal license or key employee license shall be |
|
1 | required to apply to each Federal agency deemed appropriate by |
2 | the board or bureau for agency records under the Freedom of |
3 | Information Act (Public Law 89-554, 5 U.S.C. § 552) pertaining |
4 | to the applicant and provide the bureau with the complete record |
5 | received from the Federal agency. The board may issue a license |
6 | to the applicant prior to the receipt of information under this |
7 | subsection. |
8 | Section 10.5. Sections 1317(a) and (c)(1) and 1317.1(a), (b) |
9 | (5), (c), (d), (d.1) and (e) of Title 4 are amended and the |
10 | sections are amended by adding subsections to read: |
11 | § 1317. Supplier licenses. |
12 | (a) Application.--A manufacturer that elects to contract |
13 | with a supplier under section 1317.1(d.1) (relating to |
14 | manufacturer licenses) shall ensure that the supplier is |
15 | appropriately licensed under this section. A person seeking to |
16 | provide slot machines, table game devices or associated |
17 | equipment to a slot machine licensee within this Commonwealth |
18 | through a contract with a licensed manufacturer shall apply to |
19 | the board for [a] the appropriate supplier license. |
20 | * * * |
21 | (c) Review and approval.--Upon being satisfied that the |
22 | requirements of subsection (b) have been met, the board may |
23 | approve the application and issue the applicant a supplier |
24 | license consistent with all of the following: |
25 | (1) [The license shall be for a period of one year. Upon |
26 | expiration, the license may be renewed in accordance with |
27 | subsection (d)] The initial license shall be for a period of |
28 | one year and if renewed under subsection (d), the license |
29 | shall be for a period of three years. Nothing in this |
30 | paragraph shall relieve a licensee of the affirmative duty to |
|
1 | notify the board of any changes relating to the status of its |
2 | license or to any information contained in the application |
3 | materials on file with the board. |
4 | * * * |
5 | (c.1) Abbreviated process.--In the event an applicant for a |
6 | supplier license to supply table game devices or associated |
7 | equipment used in connection with table games is licensed by the |
8 | board under this section to supply slot machines or associated |
9 | equipment used in connection with slot machines, the board may |
10 | determine to use an abbreviated process requiring only that |
11 | information determined by the board to be necessary to consider |
12 | the issuance of a license to supply table game devices or |
13 | associated equipment used in connection with table games, |
14 | including financial viability of the applicant. Nothing in this |
15 | section shall be construed to waive any fees associated with |
16 | obtaining a license through the normal application process. The |
17 | board may only use the abbreviated process if all of the |
18 | following apply: |
19 | (1) The supplier license was issued by the board within |
20 | a 36-month period immediately preceding the date the supplier |
21 | licensee files an initial application to supply table game |
22 | devices or associated equipment. |
23 | (2) The person to whom the supplier license was issued |
24 | affirms there has been no material change in circumstances |
25 | relating to the license. |
26 | (3) The board determines, in its sole discretion, that |
27 | there has been no material change in circumstances relating |
28 | to the licensee that necessitates that the abbreviated |
29 | process not be used. |
30 | * * * |
|
1 | § 1317.1. Manufacturer licenses. |
2 | (a) Application.--A person seeking to manufacture slot |
3 | machines, table game devices and associated equipment for use in |
4 | this Commonwealth shall apply to the board for a manufacturer |
5 | license. |
6 | (b) Requirements.--An application for a manufacturer license |
7 | shall be on the form required by the board, accompanied by the |
8 | application fee, and shall include all of the following: |
9 | * * * |
10 | (5) The type of slot machines, table game devices or |
11 | associated equipment to be manufactured or repaired. |
12 | (c) Review and approval.--Upon being satisfied that the |
13 | requirements of subsection (b) have been met, the board may |
14 | approve the application and grant the applicant a manufacturer |
15 | license consistent with all of the following: |
16 | (1) [The license shall be for a period of one year. Upon |
17 | expiration, a license may be renewed in accordance with |
18 | subsection (d)] The initial license shall be for a period of |
19 | one year and if renewed under subsection (d), the license |
20 | shall be for a period of three years. Nothing in this |
21 | paragraph shall relieve the licensee of the affirmative duty |
22 | to notify the board of any changes relating to the status of |
23 | its license or to any other information contained in |
24 | application materials on file with the board. |
25 | (2) The license shall be nontransferable. |
26 | (3) Any other condition established by the board. |
27 | (c.1) Abbreviated process.--In the event an applicant for a |
28 | manufacturer license to manufacture table game devices or |
29 | associated equipment used in connection with table games is |
30 | licensed by the board under this section to manufacture slot |
|
1 | machines or associated equipment used in connection with slot |
2 | machines, the board may determine to use an abbreviated process |
3 | requiring only that information determined by the board to be |
4 | necessary to consider the issuance of a license to manufacture |
5 | table game devices or associated equipment used in connection |
6 | with table games, including financial viability of the |
7 | applicant. Nothing in this section shall be construed to waive |
8 | any fees associated with obtaining a license through the normal |
9 | application process. The board may only use the abbreviated |
10 | process if all of the following apply: |
11 | (1) The manufacturer license was issued by the board |
12 | within a 36-month period immediately preceding the date the |
13 | manufacturer licensee files an application to manufacture |
14 | table game devices or associated equipment. |
15 | (2) The person to whom the manufacturer license was |
16 | issued affirms there has been no material change in |
17 | circumstances relating to the license. |
18 | (3) The board determines, in its sole discretion, that |
19 | there has been no material change in circumstances relating |
20 | to the licensee that necessitates that the abbreviated |
21 | process not be used. |
22 | (d) Renewal.-- |
23 | (1) [Six] Two months prior to expiration of a |
24 | manufacturer license, the manufacturer licensee seeking |
25 | renewal of its license shall submit a renewal application |
26 | accompanied by the renewal fee to the board. |
27 | (2) If the renewal application satisfies the |
28 | requirements of subsection (b), the board may renew the |
29 | licensee's manufacturer license. |
30 | (3) If the board receives a complete renewal application |
|
1 | but fails to act upon the renewal application prior to the |
2 | expiration of the manufacturer license, the manufacturer |
3 | license shall continue in effect for an additional six-month |
4 | period or until acted upon by the board, whichever occurs |
5 | first. |
6 | (d.1) Authority.--The following shall apply to a licensed |
7 | manufacturer: |
8 | (1) A [licensed] manufacturer or its designee, as |
9 | licensed by the board, may supply or repair any slot machine, |
10 | table game device or associated equipment manufactured by the |
11 | [licensed] manufacturer, provided the manufacturer holds the |
12 | appropriate manufacturer license. |
13 | (2) A manufacturer of slot machines may contract with a |
14 | supplier under section 1317 (relating to supplier licenses) |
15 | to provide slot machines or associated equipment to a slot |
16 | machine licensee within this Commonwealth, provided the |
17 | supplier is licensed to supply slot machines or associated |
18 | equipment used in connection with slot machines. |
19 | (3) A manufacturer may contract with a supplier under |
20 | section 1317 to provide table game devices or associated |
21 | equipment to a certificate holder, provided the supplier is |
22 | licensed to supply table game devices or associated equipment |
23 | used in connection with table games. |
24 | (e) Prohibitions.-- |
25 | (1) No person may manufacture slot machines, table game |
26 | devices or associated equipment for use within this |
27 | Commonwealth by a slot machine licensee unless the person has |
28 | been issued [a] the appropriate manufacturer license under |
29 | this section. |
30 | (2) [No] Except as permitted in section 1323.1A |
|
1 | (relating to training equipment), no slot machine licensee |
2 | may use slot machines, table game devices or associated |
3 | equipment unless the slot machines, table game devices or |
4 | associated equipment were manufactured by a person that has |
5 | been issued [a] the appropriate manufacturer license under |
6 | this section. |
7 | (3) No person issued a license under this section shall |
8 | apply for or be issued a license under section 1317. |
9 | (4) No limitation shall be placed on the number of |
10 | manufacturer licenses issued or the time period to submit |
11 | applications for licensure, except as required to comply with |
12 | section 1306 (relating to order of initial license issuance). |
13 | Section 10.6. Title 4 is amended by adding a section to |
14 | read: |
15 | § 1317.2. Gaming service provider. |
16 | (a) Development of classification system.--The board shall |
17 | develop a classification system governing the certification, |
18 | registration and regulation of gaming service providers and |
19 | individuals and entities associated with them. The |
20 | classification system shall be based upon the following: |
21 | (1) The monetary value or amount of business conducted |
22 | or expected to be conducted by the gaming service provider |
23 | with an applicant for a slot machine licensee or a slot |
24 | machine licensee in any consecutive 12-month period. |
25 | (2) Whether the employees of the gaming service provider |
26 | will have access to the gaming floor or any gaming-related |
27 | restricted area of a licensed facility. |
28 | (3) The board's analysis of the goods or services |
29 | provided or to be provided by the gaming service provider. |
30 | (b) Authority to exempt.--The board may exempt any person or |
|
1 | type of business from the requirements of this section if the |
2 | board determines: |
3 | (1) the person or type of business is regulated by an |
4 | agency of the Federal Government, an agency of the |
5 | Commonwealth or the Pennsylvania Supreme Court; or |
6 | (2) the regulation of the person or type of business is |
7 | determined not to be necessary in order to protect the public |
8 | interest or the integrity of gaming. |
9 | (c) Duties of gaming service providers.--Each gaming service |
10 | provider shall have a continuing duty to: |
11 | (1) Provide all information, documentation and |
12 | assurances as the board may require. |
13 | (2) Cooperate with the board in investigations, hearings |
14 | and enforcement and disciplinary actions. |
15 | (3) Comply with all conditions, restrictions, |
16 | requirements, orders and rulings of the board in accordance |
17 | with this part. |
18 | (4) Report any change in circumstances that may render |
19 | the gaming service provider ineligible, unqualified or |
20 | unsuitable for continued registration or certification. |
21 | (d) Requirement for permit.--The board may require employees |
22 | of a gaming service provider to obtain a permit or other |
23 | authorization if, after an analysis of duties, responsibilities |
24 | and functions, the board determines that a permit or other |
25 | authorization is necessary to protect the integrity of gaming. |
26 | (e) Interim authorization.--The board or a designated |
27 | employee of the board may permit a gaming service provider |
28 | applicant to engage in business with an applicant for a slot |
29 | machine license or a slot machine licensee prior to approval of |
30 | the gaming service provider application if the following |
|
1 | criteria have been satisfied: |
2 | (1) A completed application has been filed with the |
3 | board by the gaming service provider. |
4 | (2) The slot machine applicant or slot machine licensee |
5 | contracting or doing business with the gaming service |
6 | provider certifies that it has performed due diligence on the |
7 | gaming service provider and believes that the applicant meets |
8 | the qualification to be a gaming service provider pursuant to |
9 | this section. |
10 | (3) The gaming service provider applicant agrees in |
11 | writing that the grant of interim authorization to conduct |
12 | business prior to board approval of its application does not |
13 | create a right to continue to engage in business if the board |
14 | determines that the applicant is not suitable or continued |
15 | authorization is not in the public interest. |
16 | (f) Construction.--Nothing in this section shall be |
17 | construed to prohibit the board from rescinding a grant of |
18 | interim authorization if, at any time, the suitability of the |
19 | person subject to interim authorization is at issue or if the |
20 | person fails to cooperate with the board, the bureau or an agent |
21 | of the board or bureau. |
22 | (g) Gaming service provider lists.--The board shall: |
23 | (1) Develop and maintain a list of approved gaming |
24 | service providers who are authorized to provide goods or |
25 | services whether under a grant of interim or continued |
26 | authorization. |
27 | (2) Develop and maintain a list of prohibited gaming |
28 | service providers. An applicant for a slot machine license or |
29 | a slot machine licensee may not enter into an agreement or |
30 | engage in business with a gaming service provider listed on |
|
1 | the prohibited gaming service provider list. |
2 | (h) Emergency authorization.--A slot machine licensee may |
3 | utilize a gaming service provider that has not been approved by |
4 | the board when a threat to public health, welfare or safety |
5 | exists or circumstances outside the control of the slot machine |
6 | licensee require immediate action to mitigate damage or loss to |
7 | the licensee's licensed facility or to the Commonwealth. The |
8 | board shall promulgate regulations to govern the use of gaming |
9 | service providers under emergency circumstances. The regulations |
10 | shall include a requirement that the slot machine licensee |
11 | contact the board immediately upon utilizing a gaming service |
12 | provider that has not been approved by the board. |
13 | (i) Criminal history record information.--If the |
14 | classification system developed by the board in accordance with |
15 | subsection (a) requires a gaming service provider or an |
16 | individual or entity associated with the gaming service provider |
17 | to submit to or provide the bureau with criminal history record |
18 | information under 18 Pa.C.S. Ch. 91 (relating to criminal |
19 | history record information), the bureau shall notify a slot |
20 | machine licensee that submitted a certification under subsection |
21 | (e)(2) whether the applicant has been convicted of a felony or |
22 | misdemeanor gambling offense. |
23 | Section 10.7. Sections 1318(c) and 1319 of Title 4 are |
24 | amended to read: |
25 | § 1318. Occupation permit application. |
26 | * * * |
27 | (c) Prohibition.--No slot machine licensee may employ or |
28 | permit any person under 18 years of age to render any service |
29 | whatsoever in any area of its licensed facility [at which] where |
30 | slot machines or table games are physically located. |
|
1 | § 1319. Alternative manufacturer licensing standards. |
2 | (a) General rule.--The board may determine whether the |
3 | licensing standards of another jurisdiction within the United |
4 | States in which an applicant for a manufacturer license is |
5 | similarly licensed are comprehensive and thorough and provide |
6 | similar adequate safeguards as those required by this part. If |
7 | the board makes that determination, it may issue a manufacturer |
8 | license to an applicant who holds a similar manufacturer license |
9 | in such other jurisdiction after conducting an evaluation of the |
10 | information relating to the applicant from such other |
11 | jurisdictions, as updated by the board, and evaluating other |
12 | information related to the applicant received from that |
13 | jurisdiction and other jurisdictions where the applicant may be |
14 | licensed, the board may incorporate such information in whole or |
15 | in part into its evaluation of the applicant. |
16 | (b) Abbreviated process.--In the event an applicant for a |
17 | [slot machine] manufacturer license is licensed in another |
18 | jurisdiction, the board may determine to use an [alternate] |
19 | abbreviated process requiring only that information determined |
20 | by the board to be necessary to consider the issuance of a |
21 | license, including financial viability of the [licensee, to such |
22 | an] applicant. Nothing in this section shall be construed to |
23 | waive any fees associated with obtaining a license through the |
24 | normal application process. |
25 | Section 10.8. Title 4 is amended by adding a section to |
26 | read: |
27 | § 1319.1. Alternative supplier licensing standards. |
28 | (a) General rule.--The board may determine whether the |
29 | licensing standards of another jurisdiction within the United |
30 | States in which an applicant for a supplier's license is |
|
1 | similarly licensed are comprehensive and thorough and provide |
2 | similar adequate safeguards as required by this part. If the |
3 | board makes that determination, it may issue a supplier license |
4 | to an applicant who holds a similar supplier license in another |
5 | jurisdiction after conducting an evaluation of the information |
6 | relating to the applicant from the other jurisdictions, as |
7 | updated by the board, and evaluating other information related |
8 | to the applicant received from that jurisdiction and other |
9 | jurisdictions where the applicant may be licensed, the board may |
10 | incorporate the information in whole or in part into its |
11 | evaluation of the applicant. |
12 | (b) Abbreviated process.--In the event an applicant for a |
13 | supplier license is licensed in another jurisdiction, the board |
14 | may determine to use an abbreviated process requiring only that |
15 | information determined by the board to be necessary to consider |
16 | the issuance of a license, including financial viability of the |
17 | applicant. Nothing in this section shall be construed to waive |
18 | any fees associated with obtaining a license through the normal |
19 | application process. |
20 | Section 10.9. Sections 1321, 1326(a), 1328(a)(1) and (b) and |
21 | 1329 of Title 4 are amended to read: |
22 | § 1321. Additional licenses and permits and approval of |
23 | agreements. |
24 | (a) Requirements.--In addition to the requirements for a |
25 | license or permit specifically set forth in this part, the board |
26 | may require a license [or], permit or other authorization, and |
27 | set a fee for the same, for any key employee or gaming employee |
28 | or any person who satisfies any of the following criteria: |
29 | (1) The person transacts business within this |
30 | Commonwealth with a slot machine licensee as a ticket |
|
1 | purveyor, tour operator, operator of a bus trip program or |
2 | operator of any other type of travel program or promotional |
3 | business related to slot machines or table games. The board |
4 | may also review, deny, order modification or approve, at its |
5 | discretion, proposed tours, bus routes and travel programs. |
6 | (2) The person is presently not [otherwise] required to |
7 | be licensed or permitted under this part and provides any |
8 | goods, property or services, including, but not limited to, |
9 | management [contracts] services for compensation to a slot |
10 | machine licensee at the licensed facility. |
11 | (b) Agreement.--Any agreement to conduct business within |
12 | this Commonwealth between a person and a slot machine licensee |
13 | relating to slot machines, table games, table game devices or |
14 | associated equipment is subject to the approval of the board in |
15 | accordance with rules and regulations promulgated by the board. |
16 | Every agreement shall be in writing and shall include a |
17 | provision for its termination without liability on the part of |
18 | the slot machine licensee upon a finding by the board that the |
19 | agreement is not approved or that it is terminated. Failure to |
20 | expressly include this condition in the agreement is not a |
21 | defense in any action brought under this section relating to the |
22 | termination of the agreement. |
23 | § 1326. License renewals. |
24 | (a) Renewal.--All permits and licenses issued under this |
25 | part unless otherwise provided shall be subject to renewal [on |
26 | an annual basis upon the application of the holder of the permit |
27 | or license submitted to the board at least 60 days prior to the |
28 | expiration of the permit or license] every three years. Nothing |
29 | in this subsection shall relieve a licensee of the affirmative |
30 | duty to notify the board of any changes relating to the status |
|
1 | of its license or to any other information contained in the |
2 | application materials on file with the board. The application |
3 | for renewal shall be submitted at least 60 days prior to the |
4 | expiration of the permit or license and shall include an update |
5 | of the information contained in the initial and any prior |
6 | renewal applications and the payment of any renewal fee required |
7 | by this part. Unless otherwise specifically provided in this |
8 | part, the amount of any renewal fee shall be calculated by the |
9 | board to reflect the longer renewal period. A permit or license |
10 | for which a completed renewal application and fee, if required, |
11 | has been received by the board will continue in effect unless |
12 | and until the board sends written notification to the holder of |
13 | the permit or license that the board has denied the renewal of |
14 | such permit or license. |
15 | * * * |
16 | § 1328. Change in ownership or control of slot machine |
17 | licensee. |
18 | (a) Notification and approval.-- |
19 | (1) A slot machine licensee shall notify the board |
20 | [prior to or] immediately upon becoming aware of any proposed |
21 | or contemplated change of ownership of the slot machine |
22 | licensee by a person or group of persons acting in concert |
23 | which involves any of the following: |
24 | (i) More than 5% of a slot machine licensee's |
25 | securities or other ownership interests. |
26 | (ii) More than 5% of the securities or other |
27 | ownership interests of a corporation or other form of |
28 | business entity that owns directly or indirectly at least |
29 | 20% of the voting or other securities or other ownership |
30 | interests of the licensee. |
|
1 | (iii) The sale other than in the ordinary course of |
2 | business of a licensee's assets. |
3 | (iv) Any other transaction or occurrence deemed by |
4 | the board to be relevant to license qualifications. |
5 | (b) Qualification of purchaser of slot machine licensee; |
6 | change of control.--The purchaser of the assets, other than in |
7 | the ordinary course of business, of any slot machine licensee |
8 | shall independently qualify for a license in accordance with |
9 | this part and shall pay the license fee as required by section |
10 | 1209 (relating to slot machine license fee). A change in control |
11 | of any slot machine licensee shall require that the slot machine |
12 | licensee independently qualify for a license in accordance with |
13 | this part, and the slot machine licensee shall pay a new license |
14 | fee as required by section 1209, except as otherwise required by |
15 | the board pursuant to this section. The new license fee shall be |
16 | paid upon the assignment and actual change of control or |
17 | ownership of the slot machine license. |
18 | * * * |
19 | § 1329. [Nonportability] Portability and relocation of slot |
20 | machine license. |
21 | (a) General rule.--[Each] Except as otherwise provided in |
22 | this section, each slot machine license shall only be valid for |
23 | the specific physical location within the municipality and |
24 | county for which it was originally granted. [No] |
25 | (b) Petition.--An applicant for a slot machine license or a |
26 | slot machine licensee may petition the board to relocate its |
27 | facility. In determining whether to grant a petition to |
28 | relocate, the board shall: |
29 | (1) Evaluate the proposed new location and the reason |
30 | for the relocation. |
|
1 | (2) Conduct an analysis comparing estimated gross |
2 | terminal revenues and estimated gross table game revenues at |
3 | the proposed new location with estimated or actual gross |
4 | terminal revenues and estimated or actual gross table game |
5 | revenues at the approved current location. |
6 | (3) Conduct an analysis comparing the economic impact of |
7 | the licensed facility at the proposed new location with the |
8 | estimated or actual economic impact at the approved current |
9 | location. The comparative analysis shall include the total |
10 | cost of the project and projected direct and indirect |
11 | employment figures. |
12 | (4) Commission a comprehensive traffic study for the |
13 | proposed new location. |
14 | (5) Evaluate community support or opposition. |
15 | (6) Consider any other information submitted by the |
16 | petitioner or requested by the board. |
17 | (c) Relocation.--A slot machine licensee [shall be permitted |
18 | to] may move or relocate [the physical location of] the licensed |
19 | facility [without] with board approval [for] upon good cause |
20 | shown if the relocation of the licensed facility: |
21 | (1) remains within the same county as when it was |
22 | originally licensed; |
23 | (2) will facilitate the timely commencement or the |
24 | continued conduct of gaming operations; |
25 | (3) complies with all other provisions of this part |
26 | related to the siting and location of a licensed facility; |
27 | and |
28 | (4) is in the best interests of the Commonwealth. |
29 | (d) Public input hearing.--The board shall hold at least one |
30 | public input hearing in the municipality where the licensed |
|
1 | facility will be located prior to ruling on the petition. |
2 | (e) Restriction.--No grant or loan from the Commonwealth may |
3 | be awarded for the purpose of relocating or developing the |
4 | relocated licensed facility to comply with any conditions of |
5 | approval of the relocation. |
6 | Section 11. Title 4 is amended by adding a section to read: |
7 | § 1332. Appointment of trustee. |
8 | (a) Appointment.--Upon petition of the Office of Enforcement |
9 | Counsel, the board may appoint a trustee from the list required |
10 | under subsection (j) to act on behalf of the interests of the |
11 | Commonwealth and the board to ensure compliance with this part |
12 | and any conditions imposed upon the slot machine license. A |
13 | trustee may be appointed only in the following circumstances: |
14 | (1) Upon the revocation, suspension or nonrenewal of a |
15 | slot machine license or a principal license if the principal |
16 | licensee is the only principal who exercises operational |
17 | control of the licensed facility. |
18 | (2) Upon the failure to renew a slot machine license or |
19 | a principal license if the principal licensee is the only |
20 | principal who exercises operational control of the licensed |
21 | facility. |
22 | (3) If necessary to protect the best interests of the |
23 | Commonwealth. |
24 | (b) Qualifications.--The following shall apply: |
25 | (1) A trustee shall be required to qualify as a |
26 | principal and obtain a principal license. The board may |
27 | appoint a trustee and award the trustee a temporary principal |
28 | license as prescribed in board regulations. |
29 | (2) Before assuming duties, a trustee shall execute and |
30 | file a bond for the faithful performance of the trustee's |
|
1 | duties. The bond shall be payable to the board with sureties |
2 | and in the amount and form as required by board order. The |
3 | cost of the bond shall be paid by the former or suspended |
4 | licensee. |
5 | (3) A trustee shall be a resident of this Commonwealth. |
6 | (c) Powers.--A trustee appointed under this section shall |
7 | exercise only those powers, duties and responsibilities |
8 | expressly conferred upon the trustee by the board. The board's |
9 | order appointing the trustee shall set forth the powers, duties |
10 | and responsibilities of the trustee which may include: |
11 | (1) Maintaining and operating the licensed facility in a |
12 | manner that complies with this part and any conditions |
13 | imposed by the board. |
14 | (2) Maintaining and operating the licensed facility |
15 | consistent with the measures generally taken in the ordinary |
16 | course of business including: |
17 | (i) Entering into contracts. |
18 | (ii) Borrowing money. |
19 | (iii) Pledging, mortgaging or otherwise encumbering |
20 | the licensed facility or property thereof as security for |
21 | the repayment of loans subject to any provisions and |
22 | restrictions in any existing credit documents. |
23 | (iv) Hiring, firing and disciplining employees. |
24 | (3) Exercising the rights and obligations of the former |
25 | or suspended licensee. |
26 | (4) Taking possession of all of the assets of the slot |
27 | machine licensee, including its books, records and papers. |
28 | (5) Establishing accounts with financial institutions. |
29 | An account may not be established with a financial |
30 | institution in which the licensee, an affiliate of the former |
|
1 | or suspended licensee, the trustee, or an immediate family |
2 | member of the trustee, has a controlling interest. |
3 | (6) Meeting with the former or suspended licensee. |
4 | (7) Meeting with principals and key employees at the |
5 | licensed facility. |
6 | (8) Meeting with the independent audit committee. |
7 | (9) Meeting with the board's executive director and |
8 | keeping the board's executive director apprised of actions |
9 | taken and the trustee's plans and goals for the future. |
10 | (10) Hiring legal counsel, accountants or other |
11 | consultants or assistants, with prior approval of the board, |
12 | as necessary to carry out the trustee's duties and |
13 | responsibilities. |
14 | (11) Settling or compromising with any debtor or |
15 | creditor of the former or suspended licensee, including any |
16 | taxing authority. |
17 | (12) Reviewing outstanding agreements to which the |
18 | former or suspended licensee is a party and advising the |
19 | board as to which, if any, of the agreements should be the |
20 | subject of scrutiny, examination or investigation by the |
21 | board. |
22 | (13) Obtaining board approval prior to any sale, change |
23 | of ownership, change of control, change of financial status, |
24 | restructuring, transfer of assets or execution of a contract |
25 | or any other action taken outside of the ordinary course of |
26 | business. |
27 | (14) Obtaining board approval for any payments outside |
28 | of those made in the ordinary course of business. |
29 | Notwithstanding any provision contained in this subsection to |
30 | the contrary, the trustee shall have the duty to conserve and |
|
1 | preserve the assets of the licensed gaming entity. |
2 | (d) Compensation.--The board shall establish the |
3 | compensation of a trustee and shall review and approve actual |
4 | and reasonable costs and expenses of the trustee, legal counsel, |
5 | accountants or other consultants or assistants hired by the |
6 | trustee. The compensation, costs and expenses shall be paid by |
7 | the former or suspended licensee. Total compensation for the |
8 | trustee and all persons hired or retained by the trustee under |
9 | subsection (c)(10) shall not exceed $600 per hour in the |
10 | aggregate unless otherwise increased by the board pursuant to |
11 | subsection (d.2). |
12 | (d.1) Calculation of compensation.--In determining the |
13 | aggregate hourly rate of compensation to be paid to the trustee |
14 | and all other persons hired or retained by the trustee, the |
15 | board shall consider: |
16 | (1) The time and labor required, the difficulty of the |
17 | questions involved and the skill required to properly perform |
18 | the required services. |
19 | (2) Whether the acceptance of the position by the |
20 | trustee or other person will preclude the trustee or other |
21 | person from other employment. |
22 | (3) The fee customarily charged for similar services. |
23 | (4) The nature and potential length of the duties. |
24 | (5) The experience, reputation and ability of the |
25 | trustee or other person selected to perform the services. |
26 | (d.2) Compensation exceptions.-- |
27 | (1) On January 1 of each year, the board may adjust the |
28 | aggregate hourly rate of compensation authorized under |
29 | subsection (d) for inflation. The adjustment shall not exceed |
30 | the percentage change in the Consumer Price Index for All |
|
1 | Urban Consumers for the Pennsylvania, New Jersey, Delaware |
2 | and Maryland area for the most recent 12-month period for |
3 | which figures have been officially reported by the United |
4 | States Department of Labor, Bureau of Labor Statistics. When |
5 | adjusted, the board shall publish the adjusted aggregate |
6 | hourly rate of compensation in the Pennsylvania Bulletin. |
7 | (2) Upon petition by the Director of the Office of |
8 | Enforcement Counsel, the board may increase the total hourly |
9 | rate of compensation above the limitation contained in |
10 | subsection (d) for good cause shown. The board shall consider |
11 | the factors under subsection (d.1) when calculating any |
12 | increase requested by the office. |
13 | (e) Reports.--A trustee shall file reports relating to the |
14 | administration of the trusteeship with the board in the form and |
15 | at intervals as the board orders. The board may direct that |
16 | copies or portions of the trustee's reports be mailed to |
17 | creditors or other parties in interest and make summaries of the |
18 | reports available to the public and shall post them on the |
19 | board's Internet website. |
20 | (f) Review of actions.--A creditor or other party in |
21 | interest aggrieved by any alleged breach of a delegated power or |
22 | duty or responsibility of a trustee in the discharge of the |
23 | trustee's duties may request a review of the trustee's action or |
24 | inaction by filing a petition in accordance with board |
25 | regulations. The petition must set forth in detail the pertinent |
26 | facts and the reasons why the facts constitute the alleged |
27 | breach. The board shall review any petition filed under this |
28 | section and take whatever action, if any, it deems appropriate. |
29 | (g) Effect of the trusteeship.--After issuance of an order |
30 | to appoint a trustee, the former or suspended principal or slot |
|
1 | machine licensee may not exercise any of its privileges, collect |
2 | or receive any debts or pay out, sell, assign or transfer any of |
3 | its assets to anyone without prior approval of the appointed |
4 | trustee and the board. |
5 | (h) Disposition of net income.--During the period of |
6 | trusteeship, net income from the licensed facility shall be |
7 | deposited in an escrow account maintained for that purpose. |
8 | Payments from the escrow account during the period of |
9 | trusteeship may not be made without the prior approval of the |
10 | board. A suspended or former principal or slot machine licensee |
11 | may request distribution of all or a portion of the funds in the |
12 | escrow account during the period of trusteeship by filing a |
13 | petition in accordance with board regulation. The suspended or |
14 | former principal or slot machine licensee shall have the burden |
15 | of demonstrating good cause for the distribution of the funds |
16 | requested. |
17 | (i) Discontinuation.--The board may issue an order to |
18 | discontinue a trusteeship when: |
19 | (1) the board determines that circumstances requiring |
20 | the appointment of the trustee no longer exist; or |
21 | (2) the trustee has, with the prior approval of the |
22 | board, consummated the sale, assignment, conveyance or other |
23 | disposition of all the assets or interest of the former |
24 | principal or slot machine licensee relating to the slot |
25 | machine license. |
26 | (j) List of approved trustees.--The board shall promulgate |
27 | regulations governing establishment of a list of persons |
28 | approved by the board and qualified to serve as a trustee. At a |
29 | minimum, the regulations shall provide for the following: |
30 | (1) The minimum qualifications a person must possess to |
|
1 | be approved as a trustee, which shall include the |
2 | qualifications set forth in subsection (b). |
3 | (2) The procedure for placement on or removal from the |
4 | approved trustee list. |
5 | (3) Any other information the board deems necessary to |
6 | carry out the intent of this section. |
7 | Section 11.1. Title 4 is amended by adding a chapter to |
8 | read: |
9 | CHAPTER 13A |
10 | TABLE GAMES |
11 | Subchapter |
12 | A. General Provisions |
13 | B. Table Games Authorized |
14 | C. Conduct of Table Games |
15 | D. (Reserved) |
16 | E. Table Game Testing and Certification |
17 | F. (Reserved) |
18 | G. Table Game Taxes and Fees |
19 | SUBCHAPTER A |
20 | GENERAL PROVISIONS |
21 | Sec. |
22 | 1301A. (Reserved). |
23 | 1302A. Regulatory authority. |
24 | 1303A. Temporary table game regulations. |
25 | 1304A. Commonwealth resident employment goals. |
26 | § 1301A. (Reserved). |
27 | § 1302A. Regulatory authority. |
28 | The board shall promulgate regulations: |
29 | (1) Establishing standards and procedures for table |
30 | games and table game devices or associated equipment, |
|
1 | including standards distinguishing electronic gaming tables, |
2 | fully automated electronic gaming tables and traditional |
3 | gaming tables. The standards and procedures shall provide for |
4 | any new table games or gaming tables and variations or |
5 | composites of approved table games or gaming tables, provided |
6 | the board determines that the new table game, gaming table or |
7 | any variations or composites or other approved table games or |
8 | gaming tables are suitable for use after a test or |
9 | experimental period under the terms and conditions as the |
10 | board may deem appropriate. |
11 | (2) Establishing standards and rules to govern the |
12 | conduct of table games and the system of wagering associated |
13 | with table games, including the conduct of table games and |
14 | the system of wagering on electronic gaming tables and fully |
15 | automated electronic gaming tables. |
16 | (2.1) Establishing the method for calculating gross |
17 | table game revenue and standards for the daily counting and |
18 | recording of cash and cash equivalents received in the |
19 | conduct of table games, including the conduct of table games |
20 | on electronic gaming tables and fully automated electronic |
21 | gaming tables, and ensuring that internal controls are |
22 | followed, including observation by employees of the board of |
23 | that process, the maintenance of financial books and records |
24 | and the conduct of audits. The board shall consult with the | <-- |
25 | department in establishing these regulations. |
26 | (3) Establishing notice requirements pertaining to |
27 | minimum and maximum wagers on table games. Minimum and |
28 | maximum wagers may be adjusted by the certificate holder in |
29 | the normal course of conducting table games, except that |
30 | changes in minimum wagers at any given gaming table shall not |
|
1 | apply to players already engaged in wagering at that gaming |
2 | table when the minimum wager is changed, unless 30 minutes |
3 | notice is provided at that gaming table. |
4 | (4) Requiring each certificate holder to: |
5 | (i) Provide written information at each operational |
6 | gaming table about table game rules, payoffs or winning |
7 | wagers and other information as the board may require. |
8 | (ii) Provide specifications approved by the board |
9 | under section 1207(11) (relating to regulatory authority |
10 | of board) to integrate and update the licensed facility's |
11 | surveillance system to cover all areas where table games |
12 | are conducted. The specifications shall include |
13 | provisions providing the board and other persons |
14 | authorized by the board with onsite access to the system |
15 | or its signal. |
16 | (iii) Designate one or more locations within the |
17 | licensed facility to conduct table games. |
18 | (iv) Ensure that visibility in a licensed facility |
19 | is not obstructed in any way that could interfere with |
20 | the ability of the certificate holder, the board and |
21 | other persons authorized under this part or by the board |
22 | to oversee the surveillance of the conduct of table |
23 | games. |
24 | (v) Integrate the licensed facility's count room for |
25 | slot machine and table game operations to ensure maximum |
26 | security of the counting and storage of cash and cash |
27 | equivalents. |
28 | (vi) Equip each operational gaming table with a sign |
29 | indicating the permissible minimum and maximum wagers at |
30 | the gaming table. |
|
1 | (vii) Adopt policies or procedures to prohibit any |
2 | table game device or associated equipment from being |
3 | possessed, maintained or exhibited by any person on the |
4 | premises of a licensed facility except in the areas of a |
5 | licensed facility where the conduct of table games is |
6 | authorized or in a restricted area designated to be used |
7 | for the inspection, service, repair or storage of table |
8 | game devices or associated equipment by the certificate |
9 | holder or in an area used for employee training and |
10 | instruction by the certificate holder. |
11 | (viii) Equip all drop boxes in which cash, cash |
12 | equivalents, fill slips, credit slips or inventory slips |
13 | are deposited at the gaming tables, and all areas where |
14 | drop boxes are kept while in use, with two locking |
15 | devices or keys, of which one locking device or key shall |
16 | be under the exclusive control of the board, and the |
17 | second locking device or key shall be under the exclusive |
18 | control of the certificate holder's designated employees. |
19 | The drop boxes shall be brought into or removed from an |
20 | area where table games are conducted or locked or |
21 | unlocked in accordance with procedures established by the |
22 | board. |
23 | (ix) Designate secure locations for the inspection |
24 | and storage of table game devices and associated |
25 | equipment as may be approved by the board. |
26 | (5) Establishing the size and uniform color by |
27 | denomination of all chips used in the conduct of table games, |
28 | including contests and tournaments, and a policy for the use | <-- |
29 | of promotional or commemorative chips used in the conduct of |
30 | table games. All types of chips shall be approved by the |
|
1 | board prior to being used for play at a table game at a |
2 | licensed facility. |
3 | (5.1) Establishing the procedure to be used by a |
4 | certificate holder to determine and extract a rake for the |
5 | purposes of generating gross table game revenue from |
6 | nonbanking games. The rake may be calculated as using a | <-- |
7 | percentage or a flat fee methodology. | <-- |
8 | (6) Establishing minimum standards relating to the |
9 | acceptance of tips or gratuities by dealers and croupiers at |
10 | a table game, which shall include: |
11 | (i) The requirement that tips or gratuities accepted |
12 | by dealers and croupiers at banking games be placed in a |
13 | common pool for complete distribution pro rata among all |
14 | dealers and croupiers. |
15 | (ii) The right of the certificate holder to |
16 | establish policies under which tips or gratuities |
17 | accepted by dealers and croupiers at nonbanking games are |
18 | not required to be pooled and may be retained by the |
19 | dealers and croupiers. |
20 | Nothing in this paragraph shall prohibit a certificate holder |
21 | from adopting a formal policy relating to acceptance of tips |
22 | and gratuities, provided that the policy meets the minimum |
23 | standards established by the board under this paragraph. |
24 | (7) Establishing the minimal proficiency requirements |
25 | for individuals to successfully complete a course of training |
26 | at a gaming school. The regulations shall not prohibit a slot |
27 | machine licensee from establishing a course of training for |
28 | its employees or potential employees or prohibit a |
29 | certificate holder from offering employment to an individual |
30 | who has not attended or completed a course of instruction at |
|
1 | a gaming school and shall require a slot machine licensee |
2 | that elects to train its gaming employees or potential table |
3 | game employees to submit a detailed summary of the training |
4 | program to the board and to demonstrate the adequacy of the |
5 | training. The regulations shall prohibit a slot machine |
6 | licensee from charging its employees or potential employees a |
7 | fee to complete a course of training. |
8 | (8) Permitting certificate holders to request | <-- |
9 | authorization to conduct, and to conduct, tournaments and |
10 | establishing the practices and procedures governing the |
11 | conduct of the tournaments. The number of gaming tables used |
12 | during a contest or tournament shall not be counted toward |
13 | the maximum number of gaming tables authorized by the |
14 | certificate holder's table game operation certificate. |
15 | (8) Establishing the practices and procedures governing | <-- |
16 | the conduct of tournaments under this chapter. |
17 | (9) Establishing minimum standards relating to the |
18 | extension of credit to a player by a certificate holder. |
19 | Prior to extending credit, the certificate holder shall |
20 | consider an individual's financial fitness, including annual |
21 | income, debt-to-income ratio, prior credit history, average |
22 | monthly bank balance or level of play. |
23 | § 1303A. Temporary table game regulations. |
24 | (a) Promulgation.--In order to facilitate the prompt |
25 | implementation of this chapter, regulations promulgated by the |
26 | board shall be deemed temporary regulations which shall expire |
27 | not later than two years following the publication of the |
28 | temporary regulation. The board may promulgate temporary |
29 | regulations not subject to: |
30 | (1) Sections 201, 202, 203, 204 and 205 of the act of |
|
1 | July 31, 1968 (P.L.769, No.240), referred to as the |
2 | Commonwealth Documents Law. |
3 | (2) The act of June 25, 1982 (P.L.633, No.181), known as |
4 | the Regulatory Review Act. |
5 | (3) Sections 204(b) and 301(10) of the act of October |
6 | 15, 1980 (P.L.950, No.164), known as the Commonwealth |
7 | Attorneys Act. |
8 | (b) Expiration.--Except for temporary regulations governing |
9 | the rules of new table games approved by the board, the board's |
10 | authority to adopt temporary regulations under subsection (a) |
11 | shall expire two years after the effective date of this section. |
12 | Regulations adopted after this period shall be promulgated as |
13 | provided by law. |
14 | (c) Temporary regulations.--The board shall begin publishing |
15 | temporary regulations governing table game rules, licensing of |
16 | manufacturers and suppliers and surveillance standards in the |
17 | Pennsylvania Bulletin no later than February 1, 2010. |
18 | § 1304A. Commonwealth resident employment goals. |
19 | (a) Employment opportunities.--It is the goal of the General |
20 | Assembly that the board promote and ensure the availability of |
21 | employment opportunities for Commonwealth residents in table |
22 | games and table game-related operations as authorized in this |
23 | chapter. The board shall work with each certificate holder to |
24 | ensure that a significant number of Commonwealth residents are |
25 | employed by a certificate holder relating to table games. It is |
26 | also the goal of the General Assembly that Commonwealth |
27 | residents comprise at least 85% of each certificate holder's |
28 | table game-related employees by the end of the third year |
29 | following commencement of the conduct of table games at each |
30 | certificate holder's licensed facility. |
|
1 | (b) Review.--The board shall conduct an annual review to |
2 | ascertain each certificate holder's progress in achieving the |
3 | goals of this section and whether each certificate holder has |
4 | taken effective and meaningful action to employ Commonwealth |
5 | residents in table game-related positions at licensed |
6 | facilities. The first review shall be completed one year |
7 | following the award of the first table game operation |
8 | certificate. Each annual review shall contain recommendations |
9 | which the board determines appropriate and may be combined with |
10 | any other review or study required by the board under this part. |
11 | The review shall be submitted to the chairman and minority |
12 | chairman of the standing committees of the Senate and of the |
13 | House of Representatives with jurisdiction over this part. |
14 | SUBCHAPTER B |
15 | TABLE GAMES AUTHORIZED |
16 | Sec. |
17 | 1311A. Authorization to conduct table games. |
18 | 1312A. Petition requirements. |
19 | 1313A. Prohibitions. |
20 | 1314A. Table game authorization hearing process; public input |
21 | hearings. |
22 | 1315A. Standard for review of petitions. |
23 | 1316A. Award of certificate. |
24 | 1316.1A. Amendment of statement of conditions. |
25 | 1317A. Table game operation certificate. |
26 | 1318A. Timing of initial table game authorizations. |
27 | § 1311A. Authorization to conduct table games. |
28 | (a) Authorization.--The board may authorize a slot machine |
29 | licensee to conduct table games, including table game contests |
30 | and tournaments, and to operate a system of wagering associated |
|
1 | with the conduct of table games at the slot machine licensee's |
2 | licensed facility. Authorization shall be contingent upon the |
3 | slot machine licensee's agreement to ensure that slot machine |
4 | and table game operations will be conducted in accordance with |
5 | this part and any other conditions established by the board. |
6 | Nothing in this part shall be construed to create a separate |
7 | license governing the conduct of table games by licensed |
8 | entities within this Commonwealth. |
9 | (b) Number of authorized gaming tables.-- |
10 | (1) A Category 1 and Category 2 slot machine licensee |
11 | awarded a table game operation certificate may operate up to |
12 | 250 gaming tables at any one time at its licensed facility. |
13 | No more than 75 30% of these gaming tables may be used to | <-- |
14 | play nonbanking games at any one time. Six months following | <-- |
15 | the date of commencement of table game operations, the board |
16 | may permit a Category 1 or Category 2 certificate holder to |
17 | increase the number of gaming tables for banking or |
18 | nonbanking games above the number authorized under this |
19 | paragraph. The certificate holder shall petition the board |
20 | for the increase at its licensed facility. The board, in |
21 | considering the petition, shall take into account the |
22 | appropriateness of the physical space where the gaming tables |
23 | will be located and the convenience of the public attending |
24 | the facility. The board may also take into account the |
25 | potential benefit to the Commonwealth. |
26 | (2) A Category 3 slot machine licensee awarded a table |
27 | game operation certificate may operate up to 50 gaming tables |
28 | at any one time at its licensed facility. No more than 15 of |
29 | these gaming tables may be used to play nonbanking games at |
30 | any one time. |
|
1 | (3) Nonbanking gaming tables shall seat a maximum of ten | <-- |
2 | players. |
3 | (c) Additional authorization.--Notwithstanding subsection | <-- |
4 | (b), the board and, if authorized by the board under section |
5 | 1321A (relating to authorized locations for operation), the |
6 | executive director may authorize the certificate holder to |
7 | exceed the total number of gaming tables authorized in |
8 | subsection (b) and its table game operation certificate for the |
9 | purpose of conducting contests or tournaments in accordance with |
10 | section 1321A. |
11 | § 1312A. Petition requirements. |
12 | (a) General rule.--Unless otherwise prohibited under section |
13 | 1313A (relating to prohibitions), a slot machine licensee may |
14 | seek approval to conduct table games by filing a petition with |
15 | the board. |
16 | (b) Petition contents.--A petition seeking authorization to |
17 | conduct table games shall include the following: |
18 | (1) The name, business address and contact information |
19 | of the petitioner. |
20 | (2) The name and business address, job title and a |
21 | photograph of each principal and key employee of the |
22 | petitioner who will be involved in the conduct of table games |
23 | and who is not currently licensed by the board, if known. |
24 | (3) An itemized list of the number of gaming tables and |
25 | types of table games for which authorization is being sought. |
26 | (4) The estimated number of full-time and part-time |
27 | employment positions that will be created at the licensed |
28 | facility if table games are authorized and an updated hiring |
29 | plan pursuant to section 1510(a) (relating to labor hiring |
30 | preferences) which outlines the petitioner's plan to promote |
|
1 | the representation of diverse groups and Commonwealth |
2 | residents in the employment positions. |
3 | (5) A brief description of the economic benefits |
4 | expected to be realized by the Commonwealth, its |
5 | municipalities and its residents if table games are |
6 | authorized at the petitioner's licensed facility. |
7 | (6) The details of any financing obtained or that will |
8 | be obtained to fund an expansion or modification of the |
9 | licensed facility to accommodate table games and to otherwise |
10 | fund the cost of commencing table game operations. |
11 | (7) Information and documentation concerning financial |
12 | background and resources, as the board may require, to |
13 | establish by clear and convincing evidence the financial |
14 | stability, integrity and responsibility of the petitioner. |
15 | (8) Information and documentation, as the board may |
16 | require, to establish by clear and convincing evidence that |
17 | the petitioner has sufficient business ability and experience |
18 | to create and maintain a successful table game operation. In |
19 | making this determination, the board may consider the results |
20 | of the petitioner's slot machine operation, including |
21 | financial information, employment data and capital |
22 | investment. |
23 | (9) Information and documentation, as the board may |
24 | require, to establish by clear and convincing evidence that |
25 | the petitioner has or will have the financial ability to pay |
26 | the authorization fee under section 1361A (relating to table |
27 | game authorization fee). |
28 | (10) Detailed site plans identifying the petitioner's |
29 | proposed table game area within the licensed facility. |
30 | (11) If the petitioner is a Category 1 or Category 2 |
|
1 | slot machine licensee, a waiver, on a form prescribed by the |
2 | board which is signed by the petitioner and acknowledged by |
3 | each of the petitioner's principals, of the following rights |
4 | arising as a result of an amendment or addition to this part |
5 | that took effect at the same time as the effective date of |
6 | this section: |
7 | (i) the petitioner's right under section 1209(f) |
8 | (relating to slot machine license fee) or under any |
9 | contract executed by the applicant and the department |
10 | under section 1209(c) to receive the return of any |
11 | portion of the slot machine license fee paid by the |
12 | petitioner for its slot machine license; and |
13 | (ii) the petitioner's right, if any, to sue for the |
14 | return of any portion of the slot machine license fee |
15 | paid by the petitioner for its slot machine license. |
16 | (12) Other information as the board may require. |
17 | (c) Confidentiality.--Information submitted to the board |
18 | under subsection (b)(6), (7), (9), (10) and (12) may be |
19 | considered confidential by the board if the information would be |
20 | confidential under section 1206(f) (relating to board minutes |
21 | and records). |
22 | § 1313A. Prohibitions. |
23 | (a) Slot machine licensee.--No slot machine licensee that is |
24 | required as a condition of slot machine licensure to make |
25 | payments to a municipality, municipal authority or other entity |
26 | for an economic development project, including any project |
27 | enumerated in the act of July 25, 2007 (P.L.342, No.53), known |
28 | as Pennsylvania Gaming Economic Development and Tourism Fund |
29 | Capital Budget Itemization Act of 2007, may submit a petition |
30 | under section 1312A (relating to petition requirements) until |
|
1 | the requirements of section 1214(a) (relating to specific |
2 | authority to suspend slot machine license) are met. |
3 | (b) Duties of board.--The board shall not accept or approve |
4 | a petition submitted by any slot machine licensee subject to |
5 | subsection (a) until the written agreement required by section |
6 | 1214(a) is submitted by the slot machine licensee to the board, |
7 | which shall ensure the written agreement meets the requirements |
8 | of section 1214(a) and all conditions relating to the economic |
9 | development project imposed by the board when awarding the slot |
10 | machine license to the licensee are satisfied. |
11 | (c) Construction.--Nothing in this section shall be |
12 | construed to relieve a slot machine licensee of its legal |
13 | obligation to make any required payments referenced under this |
14 | section if the slot machine licensee elects not to petition the |
15 | board for authorization to conduct table games. |
16 | § 1314A. Table game authorization hearing process; public input |
17 | hearings. |
18 | (a) General rule.--The board's consideration and resolution |
19 | of all petitions to conduct table games shall be conducted in |
20 | accordance with 2 Pa.C.S. (relating to administrative law and |
21 | procedure) or with procedures adopted by order of the board. |
22 | Notwithstanding the requirements of 2 Pa.C.S. §§ 504 (relating |
23 | to hearing and record) and 505 (relating to evidence and cross- |
24 | examination) as they relate to the conduct of oral hearings, the |
25 | board may adopt procedures to provide parties before it with a |
26 | documentary hearing, and the board may resolve disputed material |
27 | facts without conducting an oral hearing where constitutionally |
28 | permissible. |
29 | (b) Public input hearing requirement.-- |
30 | (1) Prior to granting a petition for a slot machine |
|
1 | licensee to conduct table games under this chapter, the board |
2 | shall hold at least one public input hearing on the matter in |
3 | the municipality where the petitioner's licensed facility is |
4 | located. |
5 | (2) A list of all witnesses scheduled to testify at a |
6 | public input hearing shall be posted on the board's Internet |
7 | website at least seven days prior to the hearing. The list |
8 | shall be updated at least three days prior to the hearing. |
9 | Additional witnesses shall be posted on the board's Internet |
10 | website as they are added to the list. |
11 | § 1315A. Standard for review of petitions. |
12 | The board shall approve a petition if the petitioner |
13 | establishes, by clear and convincing evidence, all of the |
14 | following: |
15 | (1) The petitioner's slot machine license is in good |
16 | standing with the board. |
17 | (2) The conduct of table games at the petitioner's |
18 | licensed facility will have a positive economic impact on the |
19 | Commonwealth, its municipalities and residents through |
20 | increased revenues and employment opportunities. |
21 | (3) The petitioner possesses adequate funds or has |
22 | secured adequate financing to: |
23 | (i) Fund any necessary expansion or modification of |
24 | the petitioner's licensed facility to accommodate the |
25 | conduct of table games. |
26 | (ii) Pay the authorization fee in accordance with |
27 | section 1361A (relating to table game authorization fee). |
28 | (iii) Commence table game operations at its licensed |
29 | facility. |
30 | (4) The petitioner has the financial stability, |
|
1 | integrity and responsibility to conduct table games. |
2 | (5) The petitioner has sufficient business ability and |
3 | experience to create and maintain a successful table game |
4 | operation. |
5 | (6) The petitioner's proposed internal and external |
6 | security and proposed surveillance measures within the area |
7 | of the licensed facility where the petitioner seeks to |
8 | conduct table games are adequate. |
9 | (7) The petitioner agrees that the number of slot |
10 | machines in operation at its licensed facility on October 1, |
11 | 2009, will not be permanently reduced in order to install |
12 | gaming tables. |
13 | (8) The petitioner has executed the waiver required |
14 | under section 1312A(b)(11) (relating to petition |
15 | requirements) and provided any other information required by |
16 | section 1312A(b). |
17 | § 1316A. Award of certificate. |
18 | Upon approval of a petition, the board shall award a table |
19 | games operation certificate to the petitioner. Awarding of a |
20 | table game operation certificate prior to the payment in full of |
21 | the authorization fee required by section 1361A (relating to |
22 | table game authorization fee) shall not relieve the petitioner |
23 | from complying with the provisions of section 1361A. |
24 | § 1316.1A. Amendment of statement of conditions. |
25 | (a) Amendment.--Upon awarding a table game operation |
26 | certificate, the board shall amend the slot machine licensee's |
27 | statement of conditions governing the slot machine license to |
28 | include conditions pertaining to the requirements of this part. |
29 | If the slot machine licensee is a Category 1 or Category 2 slot |
30 | machine licensee, amendments to the statement of conditions |
|
1 | shall include a requirement that the slot machine licensee |
2 | acknowledge and honor the waiver of rights required to be filed |
3 | under section 1312A(b)(11) (relating to petition requirements). |
4 | (b) Sanctions.--A certificate holder that fails to abide by |
5 | this part or any condition contained in the licensee's statement |
6 | of conditions in the conduct of table games shall be subject to |
7 | board-imposed administrative sanctions or other penalties |
8 | authorized under this part. |
9 | § 1317A. Table game operation certificate. |
10 | The following shall apply: |
11 | (1) A table game operation certificate shall be in |
12 | effect unless: |
13 | (i) Suspended or revoked by the board consistent |
14 | with the requirements of this part. |
15 | (ii) The slot machine license held by the |
16 | certificate holder is suspended, revoked or not renewed |
17 | by the board consistent with the requirements of this |
18 | part. |
19 | (iii) The certificate holder relinquishes or does |
20 | not seek renewal of its slot machine license. |
21 | (2) The table game operation certificate shall include |
22 | an itemized list by type of table game and the number of |
23 | gaming tables approved by the board and permitted in the |
24 | certificate holder's licensed facility. The certificate |
25 | holder may increase or decrease the number of gaming tables |
26 | permitted at the licensed facility, change the type of table |
27 | games played at a particular gaming table or change the |
28 | configuration of gaming tables upon notice to the board and |
29 | approval by a designated employee of the board. Unless |
30 | approved by the board, the total number of gaming tables in |
|
1 | operation at the licensed facility may not exceed the number |
2 | authorized in the table games operation certificate. |
3 | (3) A certificate holder shall be required to update the |
4 | information in its initial table games petition at times |
5 | prescribed by the board. |
6 | § 1318A. Timing of initial table game authorizations. |
7 | The board shall approve or deny a petition within 60 days |
8 | following receipt of the petition. |
9 | SUBCHAPTER C |
10 | CONDUCT OF TABLE GAMES |
11 | Sec. |
12 | 1321A. Authorized locations for operation. |
13 | 1322A. Commencement of table game operations. |
14 | 1323A. Training of employees and potential employees. |
15 | 1323.1A. Training equipment. |
16 | 1324A. Condition of continued operation. |
17 | 1325A. Table game accounting controls and audit protocols. |
18 | 1326A. Cash equivalents. |
19 | 1327A. Other financial transactions. |
20 | 1328A. Key employees and occupation permits. |
21 | 1329A. Application of Clean Indoor Air Act. |
22 | 1329.1A. Application of Liquor Code. |
23 | § 1321A. Authorized locations for operation. |
24 | (a) Restriction.--A certificate holder shall only be |
25 | permitted to operate table games at the licensed facility, a |
26 | temporary facility authorized under subsection (a.1) or an area |
27 | authorized under subsection (b). |
28 | (a.1) Temporary facilities.--The board may permit a |
29 | certificate holder to conduct table games at a temporary |
30 | facility which is physically connected to, attached to or |
|
1 | adjacent to a licensed facility for a period not to exceed 24 |
2 | months. |
3 | (b) Powers and duties of board.--Upon request made by a |
4 | certificate holder, the board may determine the suitability of a |
5 | hotel for the conduct of table games. The board may authorize |
6 | the executive director to designate specific areas of a licensed |
7 | facility, other than the gaming floor, or specific areas of a |
8 | hotel, including conference rooms, ballrooms or other rooms, in |
9 | which the certificate holder may conduct table game contests or | <-- |
10 | tournaments. No certificate holder may be approved to conduct |
11 | table games in a licensed facility or a hotel unless the areas |
12 | to be designated are equipped with adequate security and |
13 | surveillance equipment to ensure the integrity of the conduct of |
14 | a table game contest or tournament. The certificate holder shall |
15 | notify the board of the number of gaming tables that the |
16 | certificate holder intends to operate during a contest or |
17 | tournament, and the board shall designate an employee of the |
18 | board to approve or deny the request. An authorization granted |
19 | under this section may not: |
20 | (1) Impose any criteria or requirements regarding the |
21 | contents or structure of a hotel which are unrelated to the |
22 | conduct of table games. |
23 | (2) Authorize the placement or operation of slot |
24 | machines in a hotel. |
25 | (3) Count the number of gaming tables to be utilized in |
26 | a contest or tournament toward the number of approved gaming |
27 | tables in the table game operation certificate. |
28 | § 1322A. Commencement of table game operations. |
29 | A certificate holder may not operate or offer table games for |
30 | play at a licensed facility until the board determines that: |
|
1 | (1) The certificate holder is in compliance with the |
2 | requirements of this part. |
3 | (2) The certificate holder's internal controls and audit |
4 | protocols are sufficient to meet the requirements of section |
5 | 1325A (relating to table game accounting controls and audit |
6 | protocols). |
7 | (3) The certificate holder's table game employees, where |
8 | applicable, are licensed, permitted or otherwise authorized |
9 | by the board to perform their respective duties. |
10 | (4) The certificate holder is prepared in all respects |
11 | to offer table game play to the public at the licensed |
12 | facility. |
13 | (5) The certificate holder has implemented necessary |
14 | internal and management controls and security arrangements |
15 | and surveillance systems for the conduct of table games. |
16 | (6) The certificate holder is in compliance with or has |
17 | complied with section 1361A (relating to table game |
18 | authorization fee). |
19 | § 1322.1A. Table game tournaments. | <-- |
20 | (a) General rule.--A certificate holder may conduct table |
21 | game tournaments at a licensed facility. Except as otherwise |
22 | provided in subsection (b), gaming tables used to conduct |
23 | tournaments shall not be exempt when calculating the maximum |
24 | allowable number of gaming tables authorized under section |
25 | 1311A(b) (relating to authorization to conduct table games) at |
26 | the licensed facility. |
27 | (b) Exception.--Upon written request, the executive director |
28 | may grant a certificate holder the authority to conduct a table |
29 | game tournament using gaming tables that exceed the maximum |
30 | allowable number of gaming tables authorized at the licensed |
|
1 | facility. |
2 | (c) Schedule.--Each certificate holder seeking an exception |
3 | under subsection (b) shall submit with its written request a |
4 | proposed schedule of table game tournaments for which the |
5 | certificate holder seeks the exception. The proposed schedule |
6 | may be a weekly, monthly or annual schedule and shall include |
7 | information identifying the proposed location, date and time of |
8 | each tournament, the proposed entry fee and any other fees |
9 | associated with the tournament, and the maximum allowable number |
10 | of participants in each tournament. Submission of a proposed |
11 | schedule shall not require the certificate holder to conduct all |
12 | table game tournaments contained in the schedule. A certificate |
13 | holder may not conduct a table game tournament at a location, |
14 | date or time not contained in the schedule approved by the |
15 | executive director. |
16 | (d) Limitations.--The following shall apply to any schedule |
17 | submitted by a certificate holder pursuant to subsection (c): |
18 | (1) Table game tournaments at Category 1 and Category 2 |
19 | licensed facilities shall be limited to 30% of the nonbanking |
20 | gaming tables authorized at the licensed facility with a |
21 | maximum of ten players per table, unless an increase in the |
22 | number of tables is granted by the executive director upon |
23 | good cause shown. |
24 | (2) Table game tournaments at Category 3 licensed |
25 | facilities shall be limited to 15 gaming tables with a |
26 | maximum of ten players per table. |
27 | (3) Tournaments required to be scheduled under |
28 | subsection (c) submitted by a Category 3 licensed facility |
29 | shall be limited to a maximum of one day per month. |
30 | (e) Amendment or modification of schedule.--A certificate |
|
1 | holder may seek to amend or modify the approved schedule at any |
2 | time by filing a written request with the executive director. |
3 | § 1323A. Training of employees and potential employees. |
4 | (a) Adequacy.--A slot machine licensee that elects to offer |
5 | table game training to its employees or potential employees |
6 | shall submit to the board a detailed summary of the training |
7 | program demonstrating the adequacy of the training. |
8 | (b) Authorization.--Notwithstanding any provision of this |
9 | part to the contrary, the executive director of the board may |
10 | authorize a slot machine licensee to conduct table game training |
11 | and instruction for the slot machine licensee's employees and |
12 | potential employees. |
13 | (c) Effect.--Authorization granted under subsection (b) |
14 | shall do all of the following: |
15 | (1) Permit a slot machine licensee to conduct training |
16 | at a location within the licensed facility or at another |
17 | location. |
18 | (2) Require any training authorized on the gaming floor |
19 | to be conducted in a specified area of the gaming floor that |
20 | is clearly identified as a training area and not accessible |
21 | to the public |
22 | (3) Designate a secure area at the location where the |
23 | training will take place for the storage of table game |
24 | devices and associated equipment used for training. |
25 | (4) Limit the number of table game devices and |
26 | associated equipment to that necessary to conduct training. |
27 | (5) Prohibit the payment of any cash, cash equivalent or |
28 | other prize to an individual as a result of play conducted |
29 | during training or play conducted utilizing table game |
30 | devices or associated equipment obtained under section |
|
1 | 1323.1A (relating to training equipment). |
2 | (6) Prohibit a slot machine licensee from charging its |
3 | employees or potential employees a fee to participate in the |
4 | training. |
5 | (c) Rescission or revocation.—-An authorization granted by |
6 | the executive director under subsection (b) may be rescinded or |
7 | revoked by the executive director or the board without cause. |
8 | The slot machine licensee shall be given notice that the |
9 | authorization has been rescinded or revoked and afforded a |
10 | reasonable time to take all necessary actions required by the |
11 | executive director or the board. |
12 | (d) Prohibition.--The board shall be prohibited from |
13 | charging a fee as a condition of receiving authorization under |
14 | subsection (b). |
15 | § 1323.1 A. Training equipment. |
16 | (a) Acquisition—-Notwithstanding section 1317 (relating to |
17 | supplier licenses) or section 1317.1 (relating to manufacturer |
18 | licenses), for a one-year period following the effective date of |
19 | this section, a slot machine licensee may purchase, lease or |
20 | otherwise obtain table game devices or associated equipment |
21 | that will be used for the sole purpose of conducting table game |
22 | training authorized under section 1323A (relating to initial |
23 | training of employees and potential employees) from a |
24 | manufacturer or supplier, whether or not licensed or otherwise |
25 | approved by the board under this part, or from an affiliate of |
26 | the slot machine licensee or a gaming facility in another |
27 | jurisdiction. |
28 | (b) Identification.--Table game devices or associated |
29 | equipment obtained by a slot machine licensee pursuant to |
30 | subsection (a) shall have an identification number which shall |
|
1 | be kept on file with the board and the table game devices or |
2 | associated equipment shall be clearly identified as being used |
3 | for training purposes only. |
4 | (c) Prohibition.—- |
5 | (1) Table game devices and associated equipment obtained |
6 | pursuant to this section shall be prohibited from being used |
7 | on the gaming floor unless being used for training purposes |
8 | pursuant to section 1323A(c)(2). |
9 | (2) The payment of any cash, cash equivalent or other |
10 | prize to an individual from the play of a table game on table |
11 | game devices or associated equipment obtained pursuant to |
12 | this section is prohibited. |
13 | § 1324A. Condition of continued operation. |
14 | As a condition of continued operation, a certificate holder |
15 | shall agree to maintain all books, records and documents |
16 | pertaining to table games in a manner and location within this |
17 | Commonwealth as approved by the board. All books, records and |
18 | documents related to table games shall: |
19 | (1) be segregated by separate accounts within the slot |
20 | machine licensee's books, records and documents, except for |
21 | any books, records or documents that are common to both slot |
22 | machine and table game operations; |
23 | (2) be immediately available for inspection upon request |
24 | of the board, the bureau, the department, the Pennsylvania |
25 | State Police or the Attorney General, or agents thereof, |
26 | during all hours of operation of the licensed facility in |
27 | accordance with regulations promulgated by the board; and |
28 | (3) be maintained for a period as the board, by |
29 | regulation, may require. |
30 | § 1325A. Table game accounting controls and audit protocols. |
|
1 | (a) Approval.--Prior to the commencement of table game |
2 | operations, a certificate holder shall submit to the board for |
3 | approval all proposed site plans, internal control systems and |
4 | audit protocols for the certificate holder's table game |
5 | operations. |
6 | (b) Minimum requirements.--A certificate holder's internal |
7 | controls and audit protocols shall: |
8 | (1) Safeguard its assets and revenues, including the |
9 | recording of cash, cash equivalents and evidences of |
10 | indebtedness related to table games. |
11 | (2) Provide for reliable records, accounts and reports |
12 | of any financial event that occurs in the conduct of table |
13 | games, including reports to the board related to table games. |
14 | (3) Provide for accurate and reliable financial records |
15 | related to table games. |
16 | (4) Establish procedures for all the following: |
17 | (i) The receipt, storage and disbursal of chips, |
18 | cash and cash equivalents used in table games. |
19 | (ii) Conversion of cash equivalents to cash. |
20 | (iii) The redemption of chips and other |
21 | representations of value used in table games and the |
22 | payment of winnings and prizes. |
23 | (iv) The recording of financial transactions |
24 | pertaining to table games. |
25 | (5) Establish procedures for the collection and security |
26 | of cash and cash equivalents at the gaming tables. |
27 | (6) Establish procedures for the recording of and |
28 | transfer of chips and cash equivalents between the gaming |
29 | tables and the cashier's cage. |
30 | (7) Establish procedures for the transfer of drop boxes |
|
1 | from the gaming tables to the count room. |
2 | (8) Establish procedures and security for the counting |
3 | and recording of gross table game revenue. |
4 | (9) Establish procedures for the security, storage and |
5 | recording of cash and cash equivalents utilized in table |
6 | games. |
7 | (10) Establish procedures and security standards for the |
8 | handling and storage of table game devices and associated |
9 | equipment used in connection with table games. |
10 | (11) Establish procedures and rules governing the |
11 | conduct of each table game and the responsibility of |
12 | employees related to table games. |
13 | (12) Establish procedures for the collection and |
14 | recording of revenue from poker and other table games when |
15 | played as nonbanking games, including the type of rake |
16 | utilized and the methodology for calculating the amount of |
17 | permissible rake. |
18 | (13) Ensure that any wagering permitted in the play of a |
19 | table game is implemented only in accordance with the |
20 | certificate holder's general or specific authorization, as |
21 | approved by the board. |
22 | (14) Ensure the proper and timely accounting of gross |
23 | table game revenue and the calculation of gross table game |
24 | revenue, fees, taxes and assessments based on the gross table |
25 | game revenue. |
26 | (15) Maintain accountability for assets, ensure that |
27 | recorded accountability for assets is compared with actual |
28 | assets at reasonable intervals and ensure that appropriate |
29 | action is taken with respect to any discrepancies. |
30 | (16) Ensure that all functions, duties and |
|
1 | responsibilities related to table game operations are |
2 | appropriately segregated and performed in accordance with |
3 | sound financial practices by qualified employees. |
4 | (17) Permit use of its licensed facility by the board, |
5 | the bureau and other persons authorized under this part or by |
6 | the board to facilitate their ability to perform regulatory |
7 | and oversight functions under this chapter. |
8 | (c) Submission to board.--The submission required under |
9 | subsection (a) shall include a detailed description of the |
10 | certificate holder's administrative and accounting procedures |
11 | related to table games, including its written system of internal |
12 | controls. Each written system of internal controls shall |
13 | include: |
14 | (1) An organizational chart depicting appropriate |
15 | functions and responsibilities of employees involved in both |
16 | slot machine operations and table game operations. |
17 | (2) A description of the duties and responsibilities of |
18 | each position shown on the organizational chart. |
19 | (3) The record retention policy of the certificate |
20 | holder. |
21 | (4) The procedure to be utilized to ensure that assets |
22 | are safeguarded, including mandatory count procedures. |
23 | (5) A detailed narrative description of the |
24 | administrative and accounting procedures in place to ensure |
25 | compliance with the requirements of section 1326A (relating |
26 | to cash equivalents). |
27 | (6) A statement signed by the certificate holder's chief |
28 | financial officer or other competent person attesting that |
29 | the signatory believes, in good faith, that the system |
30 | satisfies the requirements of this section. |
|
1 | (d) Review.--Prior to authorizing a certificate holder to |
2 | conduct table games, the board shall review the system of |
3 | internal controls submitted under subsection (c) to determine |
4 | whether it conforms to the requirements of this part and whether |
5 | it provides adequate and effective controls for the conduct of |
6 | table games. |
7 | § 1326A. Cash equivalents. |
8 | (a) Checks.-- |
9 | (1) A certificate holder may accept a check from a |
10 | patron in exchange for cash or chips. The certificate holder |
11 | shall present each check for payment to the financial |
12 | institution upon which the check is drawn within ten days of |
13 | receipt by the certificate holder. No third party checks |
14 | shall be permitted. |
15 | (2) Notwithstanding any law to the contrary, checks |
16 | cashed in conformity with the requirements of this section or |
17 | 13 Pa.C.S. Div. 3 (relating to negotiable instruments) shall |
18 | be valid instruments, enforceable at law in the courts of |
19 | this Commonwealth. Any check cashed, transferred, conveyed, |
20 | given or accepted in violation of this section shall be |
21 | invalid and unenforceable for the purposes of collection by a |
22 | certificate holder but shall be included in the calculation |
23 | of gross table game revenue. |
24 | (b) Notice of fees.--All fees charged for the conversion of |
25 | cash equivalents shall be disclosed. |
26 | (c) Payment of cash equivalents.--Other than credit extended |
27 | by a certificate holder, an instrument that constitutes a cash |
28 | equivalent shall be made payable to the slot machine licensee, |
29 | to the bearer or to cash. An instrument made payable to a third |
30 | party shall not be considered a cash equivalent and shall be |
|
1 | prohibited. |
2 | § 1327A. Other financial transactions. |
3 | (a) Credit.--Notwithstanding section 1504 (relating to |
4 | wagering on credit), a certificate holder may extend interest- | <-- |
5 | free, unsecured credit to patrons for the purpose of playing |
6 | slot machines or table games in accordance with this section; |
7 | however, a certificate holder shall not accept credit cards, |
8 | charge cards or debit cards from a patron or player for the |
9 | exchange or purchase or chips, slot machine or table game |
10 | credits or for an advance of coins or currency to be utilized by |
11 | a player to play slot machine or table games. No credit card | <-- |
12 | advance machine may be placed on the gaming floor. |
13 | (b) Credit applications.-–Each application for credit |
14 | submitted by a patron to a certificate holder shall be |
15 | maintained in a confidential credit file. The application shall |
16 | include the patron's name, address, telephone number and |
17 | comprehensive bank account information; the requested credit |
18 | limit; the patron's approximate amount of current indebtedness; |
19 | the amount and source of income in support of the application; |
20 | the patron's signature on the application; a certification of |
21 | truthfulness; and any other information deemed relevant by the |
22 | certificate holder. The certificate holder shall notify each |
23 | applicant that, as a condition of receiving credit, the |
24 | certificate holder will verify identity and indebtedness |
25 | information through a credit bureau or casino credit bureau and, |
26 | if appropriate, through direct contact with other slot machine |
27 | licensees. |
28 | (c) Credit application verification.-–Prior to approving an |
29 | application for credit, a certificate holder shall verify: |
30 | (1) The identity, creditworthiness and indebtedness |
|
1 | information of the applicant by conducting a comprehensive |
2 | review of the information submitted with the application and |
3 | any information regarding the applicant's credit activity at |
4 | other licensed facilities which the certificate holder may |
5 | obtain through a casino credit bureau and, if appropriate, |
6 | through direct contact with other slot machine licensees. |
7 | (2) That the applicant's name is not included on an |
8 | exclusion list under section 1514 (relating to regulation |
9 | requiring exclusion of certain persons) or 1516 (relating to |
10 | list of persons self excluded from gaming activities) or the |
11 | voluntary credit suspension list under subsection (h). |
12 | (d) Establishment of credit.-–Upon completion of the |
13 | verification required under subsection (c), a certificate holder |
14 | may grant a patron credit. The certificate holder shall |
15 | establish a credit limit for each patron to whom the certificate |
16 | holder grants credit. Each applicant's credit limit shall be |
17 | approved by two or more employees of the certificate holder |
18 | holding the job positions of credit manager, assistant credit |
19 | manager, credit shift manager, credit executive or a key |
20 | employee in a direct reporting line above the manager or credit |
21 | manager. The approval shall be recorded in the applicant's |
22 | credit file and shall include the reasons and information relied |
23 | on for the approval of credit and verification by the employees |
24 | approving the applicant's credit limit. Increases to an |
25 | individual's credit limit may be approved following a written |
26 | request from the individual and reverification of an |
27 | individual's credit information. |
28 | (e) Recordkeeping.-–Detailed information pertaining to all |
29 | transactions affecting an individual's outstanding indebtedness |
30 | to a certificate holder shall be recorded in chronological order |
|
1 | in the individual's credit file. |
2 | (f) Reduction or suspension of credit.-–A certificate holder |
3 | may reduce an individual's credit limit or suspend credit to an |
4 | individual for any reason. |
5 | (g) Voluntary credit suspension.--An individual may request |
6 | a certificate holder to suspend the individual's credit. Each |
7 | certificate holder shall inform the board when an individual |
8 | requests a suspension of credit and shall provide the board with |
9 | all information necessary to maintain the voluntary credit |
10 | suspension list under subsection (h). |
11 | (h) Voluntary credit suspension list.--The board shall |
12 | maintain a voluntary credit suspension list of all individuals |
13 | who have requested suspension of credit privileges and shall |
14 | provide the list on a continuous basis to the credit department |
15 | of each certificate holder. An individual may request placement |
16 | on the voluntary credit suspension list by submitting to the |
17 | board the individual's name, address and date of birth. The |
18 | individual does not need to provide a reason for the request. |
19 | Notwithstanding any other provision of law to the contrary, the |
20 | board's list of individuals who have had credit privileges |
21 | voluntarily suspended shall be confidential, and neither the |
22 | board nor the credit department of a certificate holder shall |
23 | divulge the name of any individual on this list to any person or |
24 | entity other than those provided for in this subsection. To be |
25 | removed from the list, the individual shall submit a request to |
26 | the board. The board shall remove the individual from the list |
27 | and inform the credit department of each certificate holder not |
28 | later than three business days after the board's receipt of the |
29 | request. |
30 | (i) Liability.--A certificate holder or employee thereof |
|
1 | shall not be liable to any individual on the voluntary credit |
2 | suspension list or to any other party in any judicial proceeding |
3 | for any harm, monetary or otherwise, which may arise as a result |
4 | of: |
5 | (1) the failure of a certificate holder to restore |
6 | credit privileges to an individual on the voluntary credit |
7 | suspension list; or |
8 | (2) otherwise permitting an individual on the voluntary |
9 | credit suspension list to engage in gaming activity in the |
10 | licensed facility while on the voluntary credit suspension |
11 | list. |
12 | (j) Tax liability.--Draws against unsecured credit extended |
13 | to patrons pursuant to this section which become uncollectible |
14 | may not be claimed by a certificate holder as a deduction, |
15 | credit or any other type of reduction or offset against any tax |
16 | imposed by this part or the act of March 4, 1971 (P.L.6, No.2), |
17 | known as the Tax Reform Code of 1971. |
18 | § 1328A. Key employees and occupation permits. |
19 | Nothing in this part shall be construed to require any |
20 | individual who holds a principal license, a key employee license |
21 | or gaming employee license under Chapter 13 (relating to |
22 | licensees) to obtain a separate license or permit to be employed |
23 | in a certificate holder's table game operation authorized under |
24 | this chapter. |
25 | § 1329A. Application of Clean Indoor Air Act. |
26 | For the purpose of section 3(b)(11) of the act of June 13, |
27 | 2008 (P.L.182, No.27), known as the Clean Indoor Air Act, the |
28 | term "gaming floor" shall include the areas of any licensed |
29 | facility where the slot machine licensee is authorized to place |
30 | and operate slot machines or conduct table games, except such |
|
1 | areas off the gaming floor where contests or tournaments are |
2 | conducted unless smoking is otherwise permitted in such areas. |
3 | § 1329.1A. Application of Liquor Code. |
4 | The provisions of section 493(24)(ii) of the act of April 12, |
5 | 1951 (P.L.90, No.21), known as the Liquor Code, shall also apply |
6 | to table games. |
7 | SUBCHAPTER D |
8 | (RESERVED) |
9 | SUBCHAPTER E |
10 | TABLE GAME TESTING AND CERTIFICATION |
11 | Sec. |
12 | 1341A. Table game device and associated equipment testing and |
13 | certification standards. |
14 | § 1341A. Table game device and associated equipment testing and |
15 | certification standards. |
16 | (a) Expansion of independent testing and certification |
17 | facility.--Within one year of the effective date of this |
18 | section, the board shall expand the independent testing and |
19 | certification facility created under section 1320(b) to include |
20 | the testing and certification of table game devices and |
21 | associated equipment. Costs associated with the expansion of the |
22 | facility shall be assessed on manufacturers licensed to |
23 | manufacture table game devices or associated equipment under |
24 | this part in accordance with a schedule adopted by the board. |
25 | The expanded facility shall be made available to each table game |
26 | device manufacturer and supplier as determined by the board. |
27 | (b) Use of other state standards.--The board may determine |
28 | whether the table game device testing and certification |
29 | standards of another jurisdiction within the United States in |
30 | which a manufacturer licensed pursuant to section 1317.1 |
|
1 | (relating to manufacturer licenses) to manufacture table game |
2 | devices or associated equipment used in connection with table |
3 | games is licensed are comprehensive and thorough and provide |
4 | similar adequate safeguards as those required by this part. If |
5 | the board makes that determination, it may permit the |
6 | manufacturer appropriately licensed pursuant to section 1317.1 |
7 | to deploy table game devices or associated equipment it |
8 | manufactures which have met the table game device testing and |
9 | certification standards in another jurisdiction without |
10 | undergoing the full testing and certification process by the |
11 | board's independent testing and certification facility. |
12 | SUBCHAPTER F |
13 | (RESERVED) |
14 | SUBCHAPTER G |
15 | TABLE GAME TAXES AND FEES |
16 | Sec. |
17 | 1361A. Table game authorization fee. |
18 | 1362A. Table game taxes. |
19 | 1363A. Local share assessment. |
20 | § 1361A. Table game authorization fee. |
21 | (a) Amount of authorization fee.-- |
22 | (1) A Category 1 or a Category 2 slot machine licensee |
23 | that submits a petition for a table game operation |
24 | certificate under section 1312A (relating to petition |
25 | requirements) on or before June 1, 2010, shall pay a one-time |
26 | nonrefundable authorization fee in the amount of $16,500,000. |
27 | A Category 1 or a Category 2 slot machine licensee that |
28 | submits a petition for a table game operation certificate |
29 | under section 1312A after June 1, 2010, shall pay a one-time |
30 | nonrefundable authorization fee in the amount of $24,750,000. |
|
1 | (2) A Category 3 slot machine licensee that submits a |
2 | petition for a table game operation certificate under section |
3 | 1312A on or before June 1, 2010, shall pay a one-time |
4 | nonrefundable authorization fee in the amount of $7,500,000. |
5 | A Category 3 slot machine licensee that submits a petition |
6 | for a table game operation certificate under section 1312A |
7 | after June 1, 2010, shall pay a one-time nonrefundable |
8 | authorization fee in the amount of $11,250,000. |
9 | (3) Notwithstanding paragraphs (1) and (2), the holder |
10 | of a Category 1 or Category 3 slot machine license issued |
11 | after June 1, 2010, that submits a petition for a table game |
12 | operation certificate shall pay a one-time nonrefundable |
13 | authorization fee in the amount of $16,500,000 or $7,500,000, |
14 | respectively. |
15 | (4) A table game operation certificate shall not be |
16 | subject to renewal or payment of an additional authorization |
17 | fee. |
18 | (b) Payment of fee.--A slot machine licensee that submits a |
19 | petition on or before June 1, 2010, shall pay the required |
20 | authorization fee on or before June 1, 2010. The board may allow |
21 | the fee to be paid in installments, provided all installments |
22 | are paid on or before June 1, 2010. In that event, the board and |
23 | the slot machine licensee shall enter into a written agreement |
24 | setting forth the terms of payment. |
25 | (c) Failure to pay by deadline.--If a petitioner or |
26 | certificate holder fails to pay the required authorization fee |
27 | in full by June 1, 2010, the board shall impose a penalty and |
28 | may grant the petitioner or certificate holder up to a six-month |
29 | extension to pay the authorization fee or any remaining portion |
30 | of the authorization fee and the penalty. The board shall |
|
1 | require the petitioner or certificate holder to make weekly |
2 | payments until the fee and penalty are paid in full. |
3 | (d) Suspension of certificate.--The board shall suspend the |
4 | table game operation certificate if the certificate holder fails |
5 | to pay the total authorization fee and the penalty prior to the |
6 | expiration of an extension period granted under subsection (c). |
7 | The suspension shall remain in effect until final payment is |
8 | made. |
9 | (e) (Reserved). |
10 | (f) Deposit of fees.–-Notwithstanding section 1208 (relating |
11 | to collection of fees and fines), all table game authorization |
12 | fees or penalties received by the board under this subchapter; |
13 | all table game device and associated equipment manufacturer and |
14 | supplier license fees; all table game device or associated |
15 | equipment manufacturer and supplier renewal fees; and fees for |
16 | licenses issued under Chapter 16 (relating to junkets) shall be |
17 | deposited in the General Fund. |
18 | § 1362A. Table game taxes. |
19 | (a) Imposition.-- |
20 | (1) Except as provided in paragraphs (2) and (3), each |
21 | certificate holder shall report to the department and pay |
22 | from its daily gross table game revenue, on a form and in the |
23 | manner prescribed by the department, a tax of 12% of its |
24 | daily gross table game revenue. |
25 | (2) In addition to the tax payable under paragraph (1), |
26 | each certificate holder shall report to the department and |
27 | pay from its daily gross table game revenue, on a form and in |
28 | the manner prescribed by the department, a tax of 34% of its |
29 | daily gross table game revenue from each table game played on |
30 | a fully automatic electronic gaming table. |
|
1 | (3) Until July 1, 2011, the The tax reported and payable | <-- |
2 | under paragraph (1) by each certificate holder shall be 14% | <-- |
3 | of daily gross table game revenue for a period of two years | <-- |
4 | following commencement of table games operations at its |
5 | licensed facility. |
6 | (b) Deposits and distributions.-– |
7 | (1) The tax imposed under subsection (a) shall be |
8 | payable to the department on a weekly basis and shall be |
9 | based upon gross table game revenue derived during the |
10 | previous week. |
11 | (2) All funds owed to the Commonwealth under this |
12 | section shall be held in trust for the Commonwealth by the |
13 | certificate holder until the funds are paid to the |
14 | department. Unless otherwise agreed to by the board, a |
15 | certificate holder shall establish a separate bank account |
16 | into which gross table game revenue shall be deposited and |
17 | maintained until such time as the funds are paid to the |
18 | department under this section or paid into the fund under |
19 | section 1363A(a) (relating to local share assessment). |
20 | (3) The tax imposed under subsection (a) shall be |
21 | deposited into the General Fund. |
22 | (c) Deposits for property tax relief.--If, on the last day |
23 | of a fiscal year the balance of the Budget Stabilization Reserve |
24 | Fund established pursuant to section 1701-A of the act of April |
25 | 9, 1929 (P.L.343, No.176), known as The Fiscal Code, exceeds |
26 | $750,000,000, as certified by the Secretary of the Budget, the |
27 | deposits made into the General Fund pursuant to subsection (a) |
28 | shall cease and thereafter be deposited into the Property Tax |
29 | Relief Fund established pursuant to 4 Pa.C.S. § 1409 (relating |
30 | to Property Tax Relief Fund). |
|
1 | § 1363A. Local share assessment. |
2 | (a) Required payment.--In addition to the tax imposed under |
3 | section 1362A (relating to table game taxes), each certificate |
4 | holder shall pay on a weekly basis and on a form and in a manner |
5 | prescribed by the department a local share assessment into a |
6 | restricted receipts account established within the fund. All |
7 | funds owed to a county or municipality under this section shall |
8 | be held in trust by the certificate holder until the funds are |
9 | paid into the account. Funds in the account are hereby |
10 | appropriated to the department on a continuing basis for the |
11 | purposes set forth in this section. |
12 | (b) Distributions to counties.--The department shall make |
13 | quarterly distributions from the local share assessments |
14 | deposited into the fund under subsection (a) to counties, |
15 | including home rule counties, hosting a licensed facility |
16 | authorized to conduct table games under this chapter in |
17 | accordance with the following: |
18 | (1) If the licensed facility is a Category 1 licensed |
19 | facility located at a harness racetrack and the county, |
20 | including a home rule county, in which the licensed facility |
21 | is located is: |
22 | (i) A county of the third class: 50% of the |
23 | licensed facility's local share assessment shall be added |
24 | to and distributed with the funds distributed under |
25 | section 1403(c)(2)(i)(D) (relating to establishment of |
26 | State Gaming Fund and net slot machine revenue |
27 | distribution). |
28 | (ii) A county of the second class A: 50% of the |
29 | licensed facility's local share assessment shall be |
30 | distributed to the county. |
|
1 | (iii) A county of the fourth class: 50% of the |
2 | licensed facility's local share assessment shall be added |
3 | to the funds in the restricted receipts account |
4 | established pursuant to section 1403(c)(2)(i)(E) for |
5 | distribution with those funds. |
6 | (iv) A county of the fifth class: 50% of the |
7 | licensed facility's local share assessment shall be added |
8 | to the funds in the restricted receipts account |
9 | established pursuant to section 1403(c)(2)(i)(F) for |
10 | distribution with those funds. |
11 | (2) If the facility is a Category 1 licensed facility |
12 | that is located at a thoroughbred racetrack and the county in |
13 | which the licensed facility is located is: |
14 | (i) A county of the second class A: 50% of the |
15 | licensed facility's local share assessment shall be |
16 | distributed to the county to be further distributed as |
17 | grants to a nonprofit hospital in a first class township |
18 | that is contiguous to the municipality in which the |
19 | licensed facility is located. If the nonprofit hospital |
20 | ceases to exist, 50% of the licensed facility's local |
21 | share assessment shall be distributed to the county in |
22 | which the licensed facility is located. |
23 | (ii) Except as set forth in subparagraph (iii), a |
24 | county of the third class: 50% of the licensed |
25 | facility's local share assessment shall be distributed to |
26 | the county to be used solely to fund the establishment of |
27 | a county violent crime task force to reduce gang |
28 | violence, gun trafficking and violence and drug-related |
29 | crimes in the county. The district attorney shall |
30 | appoint, direct and coordinate the operations and |
|
1 | personnel of the task force. |
2 | (iii) A county of the third class which is also a |
3 | home rule county: 100% of the licensed facility's local |
4 | share assessment shall be distributed to a community |
5 | college that is established in the county after the |
6 | effective date of this subparagraph and prior to January |
7 | 1, 2014, to be used by the community college for |
8 | organizational, administrative, operating and capital |
9 | expenditures and the payment of principal, interest and |
10 | expenses related to indebtedness, subject to the |
11 | following: |
12 | (A) Until January 1, 2014, or until a community |
13 | college is established after the effective date of |
14 | this subparagraph prior to January 1, 2014, whichever |
15 | occurs first, 100% of the licensed facility's local |
16 | share assessment shall be distributed to the county |
17 | redevelopment authority to be deposited and |
18 | maintained by the county redevelopment authority in a |
19 | restricted receipts account. The funds may be |
20 | invested by the county redevelopment authority as |
21 | permitted by law, and any interest earned on the |
22 | funds and investment income derived from the funds |
23 | shall be deposited into the restricted receipts |
24 | account. The funds in the restricted receipts account |
25 | shall be distributed as provided in clause (B) or |
26 | used as provided in clause (C), as applicable. |
27 | (B) If a community college is established in the |
28 | county following the effective date of this |
29 | subparagraph and prior to January 1, 2014, the funds |
30 | in the restricted receipts account established under |
|
1 | clause (A) shall be distributed in their entirety by |
2 | the county redevelopment authority to the community |
3 | college no later than 60 days following the date of |
4 | the establishment of the community college. |
5 | (C) If a community college is not established in |
6 | the county following the effective date of this |
7 | subparagraph and prior to January 1, 2014, beginning |
8 | January 1, 2014, 100% of the licensed facility's |
9 | local share assessment shall be distributed to the |
10 | county redevelopment authority to be deposited into |
11 | the restricted receipts account established under |
12 | clause (A) and all funds in the restricted receipts |
13 | account shall be used by the county redevelopment |
14 | authority for a revolving loan program available to |
15 | municipalities within the county for infrastructure |
16 | projects, including, but not limited to, water, |
17 | sewer, storm water management, flood control, roads, |
18 | broadband Internet access, site remediation and |
19 | public utility infrastructure in areas other than a |
20 | public utility's own facilities. The county |
21 | redevelopment authority may use funds from the |
22 | revolving loan program for expenses related to the |
23 | cost to administer the revolving loan program in an |
24 | amount not in excess of 0.5% of the revolving loan |
25 | program portfolio in a given calendar year. A |
26 | municipality may not use funds received under the |
27 | revolving loan program for general budget or |
28 | operating expenses. The county redevelopment |
29 | authority shall develop loan program criteria and |
30 | guidelines consistent with the provisions of this |
|
1 | clause. |
2 | (D) For purposes of this subparagraph, a |
3 | community college shall be considered to be |
4 | established on the date on which the proposed |
5 | community college plan is approved by the State Board |
6 | of Education within the meaning of section 1903-A(c) |
7 | of the act of March 10, 1949 (P.L.30, No.14), known |
8 | as the Public School Code of 1949, notwithstanding |
9 | the fact that a board of trustees of the community |
10 | college may not have yet been appointed by the |
11 | governing bodies of the local sponsor of the |
12 | community college. |
13 | (3) If the facility is a Category 2 licensed facility |
14 | and if the county in which the licensed facility is located |
15 | is: |
16 | (i) A county of the first class: 100% of the | <-- |
17 | licensed facility's local share assessment shall be added |
18 | to and distributed with the funds distributed under |
19 | section 1403(c)(2)(iii)(A). |
20 | (i) A county of the first class: 100% of each | <-- |
21 | licensed facility's local share assessment shall be |
22 | distributed as follows: |
23 | (A) 50% of each licensed facility's local share |
24 | assessment to the Department of Community and |
25 | Economic Development for grants to nonprofit |
26 | organizations and governmental agencies for programs |
27 | that will preserve, improve, develop and promote |
28 | education, child welfare services, crime prevention, |
29 | health care clinics, workforce development and the |
30 | arts within the county. Notwithstanding any other |
|
1 | provision of law, funds from licensed gaming entities |
2 | located within a county of the first class may not be |
3 | distributed outside of a county of the first class. |
4 | For purposes of this clause, the term "governmental |
5 | agencies" shall include a school district of the |
6 | first class and agencies of a city of the first |
7 | class. |
8 | (B) 50% of each licensed facility's local share |
9 | assessment shall be deposited into restricted |
10 | receipts accounts, segregated by licensed facility, |
11 | within the Department of Community and Economic |
12 | Development to be used exclusively for grants to |
13 | eligible applicants for community improvement |
14 | projects, health and safety projects and public |
15 | interest projects subject to the following: |
16 | (I) The Department of Community and Economic |
17 | Development shall establish separate restricted |
18 | receipts accounts corresponding to each licensed |
19 | facility within the county. |
20 | (II) Funds in any restricted account shall |
21 | be used solely for eligible projects located in |
22 | affected communities within the city of the first |
23 | class and within a 1.5 mile radius of the |
24 | licensed facility. |
25 | (III) In each year in which grants are |
26 | awarded, no single applicant may be awarded a |
27 | grant or grants in an amount which, individually |
28 | or in the aggregate, exceed 30% of the total |
29 | funds available for distribution in such year. |
30 | (C) As used in clause (B), the following terms |
|
1 | shall be given the meanings in this clause: |
2 | "Affected communities." Geographic areas within |
3 | a 1.5 mile radius of a licensed facility, with |
4 | priority given to residential areas. |
5 | "Community improvement projects." Projects that |
6 | improve or create civic, cultural or recreational |
7 | activities or facilities in the affected communities. |
8 | "Eligible applicant." The term shall include any |
9 | legal entity organized for profit or as a not-for- |
10 | profit corporation or organization. The term shall |
11 | not include any of the following: |
12 | (I) A county or city of the first class, any |
13 | board, commission, municipal authority or other |
14 | agency or instrumentality thereof. |
15 | (II) Any legal entity, whether for profit or |
16 | not-for-profit, in which an executive-level |
17 | public employee or a public official, as defined |
18 | in section 1512 (relating to financial and |
19 | employment interests), holds a financial interest |
20 | or serves as a voting board member by virtue of |
21 | his position as an executive-level public |
22 | employee or as a public official. |
23 | (III) Any legal entity, whether for profit |
24 | or not-for-profit, in which an executive-level |
25 | public employee or a public official appoints 50% |
26 | or more of the entity's voting board members. |
27 | "Health and safety projects." Projects that |
28 | promote the health and safety of affected |
29 | communities. |
30 | "Public interest projects." Projects that |
|
1 | improve the quality of life in the affected |
2 | communities. |
3 | (ii) A county of the second class: 50% of the |
4 | licensed facility's local share assessment shall be |
5 | distributed as follows: |
6 | (A) Eighty-five percent shall be deposited into |
7 | a restricted receipts account to be established in |
8 | the Department of Education for distribution pursuant |
9 | to the act of June 14, 1961 (P.L.324, No.188), known |
10 | as The Library Code, for grants to an established |
11 | library system in the county but outside a city of |
12 | the second class. Funds made available under this |
13 | clause shall be in addition to any funding provided |
14 | to such libraries pursuant to the act of April 9, |
15 | 1929 (P.L.343, No.176), known as The Fiscal Code; the |
16 | Public School Code of 1949; and The Library Code. |
17 | Notwithstanding The Library Code, in making |
18 | distributions from funds made available under this |
19 | clause, the library system shall distribute the funds |
20 | as follows: |
21 | (I) At least 80% shall be distributed to |
22 | libraries in the library system in the county but |
23 | outside a city of the second class on a per |
24 | capita basis of the population of the county |
25 | based on the most recent decennial census |
26 | excluding a city of the second class. |
27 | (II) At least 15% but not more than 20% |
28 | shall be distributed to libraries in the library |
29 | system in each city, borough, town or township in |
30 | the county outside a city of the second class, |
|
1 | which has a market value per capita below the |
2 | fifth percentile of all cities, boroughs, towns |
3 | or townships, with comparable classifications. |
4 | The market value per capita and percentiles under |
5 | this subclause shall be as determined annually by |
6 | the State Tax Equalization Board. |
7 | (III) Not more than 5% may be used to defray |
8 | the reasonable and necessary administrative costs |
9 | of the library system in administering the funds, |
10 | as determined by the Department of Education. |
11 | (IV) If, after the distribution and use |
12 | under subclauses (I), (II) and (III), funds are |
13 | still available for distribution under this |
14 | clause, those funds shall be shall be distributed |
15 | to libraries in the library system in the county |
16 | but outside a city of the second class on a per |
17 | capita basis of the population of the county |
18 | based on the most recent decennial census |
19 | excluding a city of the second class. |
20 | (B) Fifteen percent to a recognized tourist |
21 | promotion agency that is established by a home rule |
22 | municipality that was formerly a township or borough |
23 | located in the county pursuant to the act of July 4, |
24 | 2008 (P.L.621, No.50), known as the Tourist Promotion |
25 | Act, and recognized by the Department of Community |
26 | and Economic Development and the home rule |
27 | municipality. |
28 | (iii) A county of the third class where a city of |
29 | the third class hosting the licensed facility is located |
30 | in two counties of the third class: 50% of the licensed |
|
1 | facility's local share assessment shall be distributed as |
2 | follows: |
3 | (A) Sixty percent to the county in which the |
4 | licensed facility is located for economic development |
5 | projects, community improvement projects and other |
6 | projects in the public interest within the county. |
7 | (B) Twenty percent to the nonhost city of the |
8 | third class in the county in which the licensed |
9 | facility is located. |
10 | (C) Twenty percent to the nonhost county in |
11 | which the host city is located, of which 50% shall be |
12 | used solely for grants to municipalities that are |
13 | contiguous to the host city for economic development |
14 | projects, community improvement projects and other |
15 | projects in the public interest. |
16 | (iv) A county of the fifth class: 50% of the |
17 | licensed facility's local share assessment shall be |
18 | distributed as follows: |
19 | (A) Fifty percent shall be added to the funds in |
20 | the restricted receipts account established pursuant |
21 | to section 1403(c)(2)(iii)(F)(I) for distribution |
22 | with those funds. |
23 | (B) Fifty percent shall be transferred to the |
24 | Pennsylvania Higher Education Assistance Agency for |
25 | deposit into a restricted receipts account to be used |
26 | exclusively for grants to a school of medicine |
27 | located in a city of the second class A within a |
28 | county of the third class for operating costs |
29 | associated with the school of medicine. |
30 | (4) The following apply: |
|
1 | (i) If the facility is a Category 3 licensed |
2 | facility located in a county of the second class A: 50% |
3 | of the licensed facility's local share assessment shall |
4 | be deposited into a restricted receipts account to be |
5 | established in the Commonwealth Financing Authority to be |
6 | used exclusively for grants or guarantees for projects in |
7 | the county that qualify under 64 Pa.C.S. §§ 1551 |
8 | (relating to Business in Our Sites Program), 1556 |
9 | (relating to Tax Increment Financing Guarantee Program) |
10 | and 1558 (relating to Water Supply and Waste Water |
11 | Infrastructure Program). |
12 | (ii) Except as provided in subparagraph (i), if the |
13 | facility is a Category 3 licensed facility in a county of |
14 | any class: 50% of the licensed facility's local share |
15 | assessment shall be added to the funds in the restricted |
16 | receipts account established under section 1403(c)(2)(iv) |
17 | for distribution with those funds. |
18 | (5) Except as otherwise provided in this subsection, if |
19 | the facility is a Category 1 or a Category 2 licensed |
20 | facility in a county of any class: 50% of the licensed |
21 | facility's local share assessment shall be distributed in |
22 | accordance with section 1403(c) based upon the category and |
23 | type of licensed facility and the classification of the |
24 | county where the licensed facility is located. |
25 | (c) Distributions to municipalities.--The department shall |
26 | make quarterly distributions from the local share assessments |
27 | deposited into the fund under subsection (a) to municipalities, |
28 | including home rule municipalities, hosting a licensed facility |
29 | authorized to conduct table games under this chapter in |
30 | accordance with the following: |
|
1 | (1) If the licensed facility is a Category 2 licensed |
2 | facility and is located in a city of the second class, 50% of |
3 | the licensed facility's local share assessment shall be |
4 | deposited into a restricted receipts account to be |
5 | established in the Department of Education for distribution |
6 | pursuant to The Library Code for grants to an established |
7 | local library in the city for the purpose of maintaining the |
8 | library branch system in existence on January 1, 2011. Funds | <-- |
9 | made available under this clause shall be in addition to any |
10 | funding provided to such libraries pursuant to The Fiscal |
11 | Code, the Public School Code of 1949 and The Library Code. If | <-- |
12 | the established local library in the city fails to maintain |
13 | the library branch system as provided in this paragraph, 50% |
14 | Beginning July 1, 2011, if the established local library | <-- |
15 | fails to maintain the number of library branches operating |
16 | within its system on June 30, 2011, 50% of the licensed |
17 | facility's local share assessment shall be distributed to the |
18 | city to be used solely to fund the accrued liability of all |
19 | pension plans maintained by the city. |
20 | (2) If the licensed facility is a Category 1 licensed | <-- |
21 | facility located at a harness racetrack in a city of the |
22 | third class, 50% of the licensed facility's local share |
23 | assessment shall be distributed to the city solely for the |
24 | purpose of becoming and remaining a member or local sponsor |
25 | of a community college on behalf of all students in the |
26 | school district. If in any year the amount distributable or |
27 | received under this paragraph exceeds the amount necessary |
28 | for the city to become or remain a member or local sponsor, |
29 | the excess shall be distributed to, or retained by, the city |
30 | and may be used for any lawful purpose. |
|
1 | (2) If the licensed facility is a Category 1 licensed | <-- |
2 | facility located at a harness racetrack in a city of the |
3 | third class, 50% of the licensed facility's local share |
4 | assessment shall be distributed to the city solely for the |
5 | purpose of making payments to enable the city and other |
6 | municipalities in the school district in which the city is |
7 | located to become and remain local sponsors or members of a |
8 | community college. Payments may include initial buy-in costs, |
9 | including payment of debt service to fund the initial buy-in, |
10 | and annual local sponsor share payments to the community |
11 | college. |
12 | (3) If a licensed facility is a Category 2 facility and |
13 | is located in a city of the third class and the city is |
14 | located in more than one county of the third class, 50% of |
15 | the licensed facility's local share assessment shall be |
16 | distributed as follows: |
17 | (i) 50% to the host city; |
18 | (ii) 20% to a city of the third class located solely |
19 | in the nonhost county in which the host city of the third |
20 | class is also located; and |
21 | (iii) 30% to a nonhost city of the third class |
22 | located solely in the host county. |
23 | (4) If the licensed facility is a Category 1 licensed |
24 | facility located at a harness racetrack in a township of the |
25 | first class, 50% of the licensed facility's local share |
26 | assessment shall be distributed to the township, subject, |
27 | however, to the budgetary limitation in this paragraph. The |
28 | amount distributed to the township shall not exceed 50% of |
29 | the township's total budget for fiscal year 2009, adjusted |
30 | for inflation in subsequent years by an amount not to exceed |
|
1 | an annual cost-of-living adjustment calculated by applying |
2 | the percentage change in the Consumer Price Index immediately |
3 | prior to the date the adjustment is due to take effect. Any |
4 | funds not distributed to the township because of the |
5 | budgetary limitation shall be distributed in accordance with |
6 | subsection (b) based upon the classification of the county |
7 | where the licensed facility is located. |
8 | (5) The following apply: |
9 | (i) Except as provided in subparagraphs (ii) and |
10 | (iii), if the licensed facility is a Category 1 or |
11 | Category 2 licensed facility and is located in a township |
12 | of the second class, 50% of the licensed facility's local |
13 | share assessment shall be distributed to the township, |
14 | subject, however, to the budgetary limitation in this |
15 | subparagraph. The amount distributed to the township |
16 | shall not exceed 50% of the township's total budget for |
17 | fiscal year 2009, adjusted for inflation in subsequent |
18 | years by an amount not to exceed an annual cost-of-living |
19 | adjustment calculated by applying the percentage change |
20 | in the Consumer Price Index immediately prior to the date |
21 | the adjustment is due to take effect. Any funds not |
22 | distributed to the township because of the budgetary |
23 | limitation shall be distributed in accordance with |
24 | subsection (b) based upon the classification of county |
25 | where the licensed facility is located. No funds shall be |
26 | distributed under this subparagraph to a township of the |
27 | second class located in a county of the third class |
28 | receiving any funds under subsection (b)(2)(iii). |
29 | (ii) If the licensed facility is a Category 1 |
30 | licensed facility located at a thoroughbred racetrack in |
|
1 | a township of the second class in a county of the second |
2 | class A, 50% of the licensed facility's local share |
3 | assessment shall be distributed to the recreation |
4 | department of the township of the second class to support |
5 | youth athletics assessment shall be distributed to the |
6 | township of the second class, subject, however, to the | <-- |
7 | budgetary limitation in this subparagraph. The amount |
8 | distributed shall not exceed 50% of the department's |
9 | total budget for fiscal year 2009, adjusted for inflation |
10 | in subsequent years by an amount not to exceed an annual |
11 | cost-of-living adjustment calculated by applying the |
12 | percentage change in the Consumer Price Index immediately |
13 | prior to the date the adjustment is due to take effect. |
14 | Any funds not distributed to the recreation department |
15 | because of the budgetary limitation shall be distributed |
16 | in accordance with subsection (b) based upon the |
17 | classification of county where the licensed facility is |
18 | located. |
19 | (iii) If the licensed facility is a Category 1 |
20 | licensed facility located at a thoroughbred racetrack in |
21 | a township of the second class in a county of the third |
22 | class with a population of not less than 200,000 but not |
23 | more than 260,000 where the licensed facility and all |
24 | attached or contiguous acreage owned by the licensed |
25 | facility is located in more than one township of the |
26 | second class, 50% of the licensed facility's local share |
27 | assessment shall be distributed as follows: |
28 | (A) $120,000 of the licensed facility's local |
29 | share assessment shall be distributed annually to |
30 | each such township of the second class; and |
|
1 | (B) remaining funds shall be added to and |
2 | distributed with the funds distributed to the county |
3 | under subsection (b)(2)(ii). |
4 | (6) The following apply: |
5 | (i) If the licensed facility is a Category 3 |
6 | licensed facility and is located in a borough in a county |
7 | of the third class and the borough is contiguous to a |
8 | city of the third class: |
9 | (A) Fifty percent of the licensed facility's |
10 | local share assessment shall be distributed to the |
11 | host borough, subject to clause (C). |
12 | (B) Fifty percent of the licensed facility's |
13 | local share assessment shall be distributed to the |
14 | city of the third class that is contiguous to the |
15 | host borough, subject to clause (C). |
16 | (C) The amount distributed to the borough or the |
17 | city shall not exceed 50% of the borough's or the |
18 | city's total budget for fiscal year 2009, adjusted |
19 | for inflation in subsequent years by an amount not to |
20 | exceed an annual cost-of-living adjustment calculated |
21 | by applying the percentage change in the Consumer |
22 | Price Index immediately prior to the date the |
23 | adjustment is due to take effect. Any funds not |
24 | distributed to the borough or the city because of the |
25 | budgetary limitation shall be distributed in |
26 | accordance with subsection (b) based upon the |
27 | classification of the county where the licensed |
28 | facility is located. |
29 | (ii) Except as provided in subparagraph (i), if the |
30 | licensed facility is a Category 3 licensed facility and |
|
1 | is located in a municipality of any class, 50% of the |
2 | licensed facility's local share assessment shall be |
3 | distributed to the municipality, subject, however, to the |
4 | budgetary limitation in this subparagraph. The amount |
5 | distributed to the municipality shall not exceed 50% of |
6 | the municipality's total budget for fiscal year 2009, |
7 | adjusted for inflation in subsequent years by an amount |
8 | not to exceed an annual cost-of-living adjustment |
9 | calculated by applying the percentage change in the |
10 | Consumer Price Index immediately prior to the date the |
11 | adjustment is due to take effect. Any funds not |
12 | distributed to the municipality because of the budgetary |
13 | limitation shall be distributed in accordance with |
14 | subsection (b) based upon the classification of county |
15 | where the licensed facility is located. |
16 | (7) Except as otherwise provided in this subsection, if |
17 | the facility is a Category 1 or a Category 2 licensed |
18 | facility in a municipality of any class, 50% of the licensed |
19 | facility's local share assessment shall be distributed to the |
20 | municipality, subject, however, to the budgetary limitation |
21 | in this paragraph. The amount distributed to the municipality |
22 | shall not exceed 50% of the municipality's total budget for |
23 | fiscal year 2009 adjusted for inflation in subsequent years |
24 | by an amount not to exceed the annual cost-of-living |
25 | adjustment calculated by applying the percentage change in |
26 | the Consumer Price Index immediately prior to the date the |
27 | adjustment is due to take effect. Any funds not distributed |
28 | to the municipality because of the budgetary limitation shall |
29 | be distributed in accordance with subsection (b) based upon |
30 | the classification of county where the licensed facility is |
|
1 | located. |
2 | (d) Construction.--The following shall apply to |
3 | distributions provided for in this section: |
4 | (1) Distributions to counties shall be based upon county |
5 | classifications in effect on the effective date of this |
6 | section and any reclassification of a county as a result of a |
7 | Federal decennial census or pursuant to an act of the General |
8 | Assembly shall not apply to this section unless the act of |
9 | the General Assembly specifically provides otherwise. |
10 | (2) Distributions to municipalities shall be based upon |
11 | municipal classifications in effect on the effective date of |
12 | this section and any reclassification of a municipality as a |
13 | result of a Federal decennial census or pursuant to an act of |
14 | the General Assembly shall not apply to this section unless |
15 | the act of the General Assembly specifically provides |
16 | otherwise. |
17 | (e) Miscellaneous provisions.-- |
18 | (1) If any provision of this section is found to be |
19 | unenforceable for any reason, the distribution provided for |
20 | in such unenforceable provision shall be made to the |
21 | municipality in which the licensed facility is located. |
22 | (2) References to the Consumer Price Index shall mean |
23 | the Consumer Price Index for All Urban Consumers for the |
24 | Pennsylvania, New Jersey, Delaware and Maryland area for the |
25 | most recent 12-month period for which figures have been |
26 | officially reported by the United States Department of Labor, |
27 | Bureau of Labor Statistics. |
28 | (3) A person or its affiliated entity or a political |
29 | subdivision may not compensate or incur an obligation to |
30 | compensate a person to engage in lobbying for compensation |
|
1 | contingent in whole or in part upon the approval, award, |
2 | receipt or denial of funds under this section. A person or |
3 | its affiliated entity may not engage in or agree to engage in |
4 | lobbying for compensation contingent in whole or in part upon |
5 | the approval, award, receipt or denial of funds under this |
6 | section. A violation of this paragraph shall be considered an |
7 | intentional violation of 65 Pa.C.S. § 13A09(e) (relating to |
8 | penalties). This paragraph shall not apply to a county or |
9 | municipality that compensates a person to prepare a grant |
10 | application for funds under this section if all of the |
11 | following requirements are met: |
12 | (i) The person is not identified in the application. |
13 | (ii) The person has no direct contact with the |
14 | agency, county or municipality providing the funding. |
15 | (iii) The person is paid a fixed fee or percentage |
16 | of the amount of any funds approved, awarded or received |
17 | of up to 0.5%. |
18 | (4) In cooperation with the department, the Department |
19 | of Community and Economic Development, and the Commonwealth |
20 | Financing Authority, the Office of the Budget shall submit an |
21 | annual report on all distributions of local share assessments |
22 | to counties and municipalities under this section to the |
23 | chairman and minority chairman of the Appropriations |
24 | Committee of the Senate, the chairman and the minority |
25 | chairman of the Community, Economic and Recreational |
26 | Development Committee of the Senate, the chairman and the |
27 | minority chairman of the Appropriations Committee of the |
28 | House of Representatives and the chairman and minority |
29 | chairman of the Gaming Oversight Committee of the House of |
30 | Representatives. |
|
1 | (5) All counties and municipalities receiving |
2 | distributions of local share assessments under this section |
3 | shall submit an annual report to the Department of Community |
4 | and Economic Development on a form prepared by the Department |
5 | of Community and Economic Development that sets forth the |
6 | amount and use of the funds received for the prior calendar |
7 | year. The report shall set forth whether the funds received |
8 | were deposited into the county's or municipality's general |
9 | fund or committed to a specific project or use. The report |
10 | shall be submitted by August 31, 2010, and by August 31 of |
11 | each year thereafter. |
12 | (f) Definitions.--As used in this section, the following |
13 | words and phrases shall have the meanings given to them in this |
14 | subsection: |
15 | "Community college." The term shall have the meaning |
16 | ascribed to it in section 1901-A(4) of the act of March 10, 1949 |
17 | (P.L.30, No.14), known as the Public School Code of 1949. |
18 | "Local share assessment." Two percent of a certificate |
19 | holder's daily gross table game revenue. |
20 | Section 11.2. Sections 1401(b), 1402(a) and 1402.1 of Title |
21 | 4 are amended to read: |
22 | § 1401. Slot machine licensee deposits. |
23 | * * * |
24 | (b) Initial deposit of funds.--Not later than two business |
25 | days prior to the commencement of slot machine operations by a |
26 | slot machine licensee, [the] a slot machine licensee shall |
27 | deposit and maintain the [sum of $5,000,000] following sums in |
28 | its account to guarantee the payment of funds to the |
29 | Commonwealth under this part and as security for its obligations |
30 | under section 1405 (relating to Pennsylvania Race Horse |
|
1 | Development Fund)[.]: |
2 | (1) For a Category 1 or Category 2 slot machine |
3 | licensee, $1,500,000. |
4 | (2) For a Category 3 slot machine licensee, $1,000,000. |
5 | No additional minimum deposit shall be required from a slot |
6 | machine licensee if a slot machine licensee is granted a table |
7 | game operation certificate under Chapter 13A (relating to table |
8 | games). |
9 | * * * |
10 | § 1402. Gross terminal revenue deductions. |
11 | (a) Deductions.--After determining the appropriate |
12 | assessments for each slot machine licensee, the department shall |
13 | determine costs, expenses or payments from each account |
14 | established under section 1401 (relating to slot machine |
15 | licensee deposits). The following costs and expenses shall be |
16 | transferred to the appropriate agency upon appropriation by the |
17 | General Assembly: |
18 | (1) The costs and expenses to be incurred by the |
19 | department in administering this part at each slot machine |
20 | licensee's licensed facility based upon a budget submitted by |
21 | the department [to and approved by the board] under section |
22 | 1402.1 (relating to itemized budget reporting). |
23 | (2) The other costs and expenses to be incurred by the |
24 | department in administering this part based upon a budget |
25 | submitted by the department [to and approved by the board] |
26 | under section 1402.1. |
27 | (3) Sums necessary to repay any loans made by the |
28 | General Fund to the department in connection with carrying |
29 | out its responsibilities under this part, including the costs |
30 | of the initial acquisition of the central control computer |
|
1 | and any accessories or associated equipment. |
2 | (4) The costs and expenses to be incurred by the |
3 | Pennsylvania State Police and the Office of Attorney General |
4 | and not otherwise reimbursed under this part in carrying out |
5 | their respective responsibilities under this part based upon |
6 | [a budget] budgets submitted by the Pennsylvania State Police |
7 | and the Attorney General [to and approved by the board] under |
8 | section 1402.1. |
9 | (5) Sums necessary to repay any loans made by the |
10 | General Fund to the Pennsylvania State Police in connection |
11 | with carrying out its responsibilities under this part. |
12 | (6) The costs and expenses to be incurred by the board |
13 | in carrying out its responsibilities under this part based |
14 | upon a budget [approved] submitted by the board under section |
15 | 1402.1. |
16 | (7) Sums necessary to repay any loans made by the |
17 | General Fund to the board in connection with carrying out its |
18 | responsibilities under this part. |
19 | * * * |
20 | § 1402.1. Itemized budget reporting. |
21 | (a) Submission.--The board, department, Pennsylvania State |
22 | Police and [the] Office of Attorney General shall prepare and |
23 | annually submit to the chairman of the Appropriations Committee |
24 | of the Senate and the chairman of the Appropriations Committee |
25 | of the House of Representatives an itemized budget consisting of |
26 | amounts to be appropriated out of the accounts established under |
27 | section 1401 (relating to slot machine licensee deposits) |
28 | necessary to administer this part. The department, Pennsylvania |
29 | State Police and Office of Attorney General shall provide copies |
30 | of their itemized budgets to the board at the same time they are |
|
1 | submitted to the chairmen of the committees. |
2 | (b) Analyses and recommendations.--As soon as practicable |
3 | after receiving copies of the itemized budgets submitted under |
4 | subsection (a), the board shall prepare and submit to the |
5 | chairmen of the committees analyses of, and make recommendations |
6 | regarding, the itemized budgets. |
7 | Section 11.3. Section 1403(b), (c)(2)(i)(D), (E) and (F), |
8 | (iii)(F) and (iv) and (3)(v) and (viii) of Title 4 are amended |
9 | and the section is amended by adding subsections to read: |
10 | § 1403. Establishment of State Gaming Fund and net slot machine |
11 | revenue distribution. |
12 | * * * |
13 | (b) Slot machine tax.--[The department shall determine and |
14 | each] Each slot machine licensee shall report to the department |
15 | and pay on a form and in a manner prescribed by the department a |
16 | daily tax of 34% from its daily gross terminal revenue from the |
17 | slot machines in operation at its facility and a local share |
18 | assessment as provided in subsection (c) [into the fund]. All |
19 | funds owed to the Commonwealth, a county or a municipality under |
20 | this section shall be held in trust by the licensed gaming |
21 | entity for the Commonwealth, the county and the municipality |
22 | until the funds are paid or transferred [and distributed] to the |
23 | fund. Unless otherwise agreed to by the [Gaming Board] board, a |
24 | licensed gaming entity shall establish a separate bank account |
25 | to maintain [gaming proceeds] gross terminal revenue until such |
26 | time as [they] the funds are paid or transferred under this |
27 | section. Moneys in the fund are hereby appropriated to the |
28 | department on a continuing basis for the purposes set forth in |
29 | subsection (c). |
30 | (c) Transfers and distributions.--The department shall: |
|
1 | * * * |
2 | (2) From the local share assessment established in |
3 | subsection (b), make quarterly distributions among the |
4 | counties hosting a licensed facility in accordance with the |
5 | following schedule: |
6 | (i) If the licensed facility is a Category 1 |
7 | licensed facility that is located at a harness racetrack |
8 | and the county, including a home rule county, in which |
9 | the licensed facility is located is: |
10 | * * * |
11 | (D) (I) A county of the third class: Except as |
12 | provided in subclause (II), 2% of the gross |
13 | terminal revenue from each such licensed facility |
14 | shall be deposited into a restricted receipts |
15 | account to be established in the [Department of |
16 | Community and Economic Development] Commonwealth |
17 | Financing Authority to be used exclusively for |
18 | grants for [health, safety and economic |
19 | development projects] projects in the public |
20 | interest to municipalities within the county |
21 | where the licensed facility is located. |
22 | [Municipalities that are contiguous to the |
23 | municipality hosting such licensed facility shall |
24 | be given priority by the Department of Community |
25 | and Economic Development in the award of such |
26 | grants.] |
27 | (I.1) Priority shall be given to multiyear |
28 | projects approved or awarded by the Department of |
29 | Community and Economic Development under |
30 | subclause (I) on or before the effective date of |
|
1 | this subclause. |
2 | (II) If a licensed facility is located in |
3 | one of two counties of the third class where a |
4 | city of the third class is located in both |
5 | counties of the third class, the county in which |
6 | the licensed facility is located shall receive |
7 | 1.2% of the gross terminal revenue to be |
8 | distributed as follows: 20% to the host city, |
9 | 30% to the host county and 50% to the host county |
10 | for the purpose of making municipal grants within |
11 | the county, with priority given to municipalities |
12 | contiguous to the host city. The county of the |
13 | third class, which includes a city of the third |
14 | class that is located in two counties of the |
15 | third class and is not the host county for the |
16 | licensed facility, shall receive .8% of the gross |
17 | terminal revenue to be distributed as follows: |
18 | 60% to a nonhost city of the third class located |
19 | solely in the nonhost county in which the host |
20 | city of the third class is also located or 60% to |
21 | the nonhost city of the third class located both |
22 | in the host and nonhost counties of the third |
23 | class, 35% to the nonhost county and 5% to the |
24 | nonhost county for the purpose of making |
25 | municipal grants within the county. |
26 | (E) A county of the fourth class: 2% of the |
27 | gross terminal revenue from each such licensed |
28 | facility shall be distributed as follows: |
29 | (I) The department shall make distributions |
30 | directly to each municipality within the county, |
|
1 | except the host municipality, by using a formula |
2 | equal to the sum of $25,000 plus $10 per resident |
3 | of the municipality using the most recent |
4 | population figures provided by the Department of |
5 | Community and Economic Development, provided, |
6 | however, that the amount so distributed to any |
7 | municipality shall not exceed 50% of its total |
8 | budget for fiscal year 2009, adjusted for |
9 | inflation in subsequent fiscal years by an amount |
10 | not to exceed an annual cost-of-living adjustment |
11 | calculated by applying any upward percentage |
12 | change in the Consumer Price Index immediately |
13 | prior to the date the adjustment is due to take |
14 | effect. Distributions to a municipality in |
15 | accordance with this subclause shall be deposited |
16 | into a special fund which shall be established by |
17 | the municipality. The governing body of the |
18 | municipality shall have the right to draw upon |
19 | the special fund for any lawful purpose provided |
20 | that the municipality identifies the fund as the |
21 | source of the expenditure. Each municipality |
22 | shall annually submit a report to the Department |
23 | of Community and Economic Development detailing |
24 | the amount and purpose of each expenditure made |
25 | from the special fund during the prior fiscal |
26 | year. |
27 | (II) Any funds not distributed under |
28 | subclause (I) shall be deposited into a |
29 | restricted receipts account established in the |
30 | Department of Community and Economic Development |
|
1 | to be used exclusively for grants to the county, |
2 | to economic development authorities or |
3 | redevelopment authorities within the county for |
4 | grants for economic development projects, |
5 | infrastructure projects, job training, community |
6 | improvement projects, other projects in the |
7 | public interest, and necessary and reasonable |
8 | administrative costs. Notwithstanding the |
9 | provisions of the act of February 9, 1999 (P.L.1, |
10 | No.1), known as the Capital Facilities Debt |
11 | Enabling Act, grants made under this clause may |
12 | be utilized as local matching funds for other |
13 | grants or loans from the Commonwealth. |
14 | (F) Counties of the fifth through eighth |
15 | classes: |
16 | (I) Except as set forth in subclause (II), |
17 | 2% of the gross terminal revenue from each such |
18 | licensed facility shall be deposited into a |
19 | restricted account established in the Department |
20 | of Community and Economic Development to be used |
21 | exclusively for grants to the county. |
22 | (II) If the licensed facility is located in |
23 | a second class township in a county of the fifth |
24 | class, 2% of the gross terminal revenue from the |
25 | licensed facility shall be distributed as |
26 | follows: |
27 | (a) 1% shall be deposited into a |
28 | restricted receipts account to be established |
29 | in the Commonwealth Financing Authority to be |
30 | used exclusively for grants for projects in |
|
1 | the public interest to municipalities within |
2 | the county where the licensed facility is |
3 | located. |
4 | (b) 1% shall be distributed to the county |
5 | for projects in the public interest in the |
6 | county. |
7 | * * * |
8 | (iii) If the facility is a Category 2 licensed |
9 | facility and if the county in which the licensed facility |
10 | is located is: |
11 | * * * |
12 | (F) Counties of the fifth class: 2% of the |
13 | gross terminal revenue from each such licensed |
14 | facility shall be deposited and distributed as |
15 | follows: |
16 | (I) One percent to be distributed as |
17 | follows: |
18 | (a) Beginning in 2010, the sum of |
19 | $2,400,000 annually for a period of 20 years |
20 | to the county for purposes of funding debt |
21 | service related to the construction of a |
22 | community college campus located within the |
23 | county. |
24 | (b) Any funds not distributed under |
25 | subclause (a) shall be deposited into a |
26 | restricted receipts account to be established |
27 | in the [Department of Community and Economic |
28 | Development] Commonwealth Financing Authority |
29 | to be used exclusively for grants within the |
30 | county for economic development projects, |
|
1 | road projects located within a 20-mile radius |
2 | of the licensed facility and located within |
3 | the county, community improvement projects |
4 | and other projects in the public interest |
5 | within the county. The amount under this |
6 | subclause includes reasonable administrative |
7 | costs. |
8 | (II) One percent shall be deposited into a |
9 | restricted receipts account to be established in |
10 | the [Department of Community and Economic |
11 | Development] Commonwealth Financing Authority to |
12 | be used exclusively for grants within contiguous |
13 | counties for economic development projects, |
14 | community improvement projects and other projects |
15 | in the public interest within contiguous |
16 | counties. The amount under this subclause |
17 | includes reasonable administrative costs. A |
18 | contiguous county that hosts a Category 1 |
19 | licensed facility shall be ineligible to receive |
20 | grants under this subclause. |
21 | (II.1) Priority shall be given to multiyear |
22 | projects approved or awarded by the Department of |
23 | Community and Economic Development under |
24 | subclause (II) on or before the effective date of |
25 | this subclause. |
26 | (III) Fifty percent of any revenue required |
27 | to be transferred under paragraph (3)(v) shall be |
28 | deposited into the restricted receipts account |
29 | established under subclause (I)(b), and 50% shall |
30 | be deposited into the restricted [receipt] |
|
1 | receipts account established under subclause |
2 | (II). Notwithstanding the Capital Facilities Debt |
3 | Enabling Act, grants made under this clause may |
4 | be utilized as local matching funds for other |
5 | grants or loans from the Commonwealth. |
6 | * * * |
7 | (iv) [If] (A) Except as provided in clause (B) or |
8 | (C), if the facility is a Category 3 licensed |
9 | facility, 2% of the gross terminal revenue from [each |
10 | such] the licensed facility shall be deposited into a |
11 | restricted receipts account established in the |
12 | Department of Community and Economic Development to |
13 | be used exclusively for grants to the county, to |
14 | economic development authorities or redevelopment |
15 | authorities within the county for grants for economic |
16 | development projects [and], community improvement |
17 | projects and other projects in the public interest. |
18 | (B) If the facility is a Category 3 licensed |
19 | facility located in a county of the second class A, |
20 | 2% of the gross terminal revenue from the licensed |
21 | facility shall be deposited into a restricted |
22 | receipts account to be established in the |
23 | Commonwealth Financing Authority to be used |
24 | exclusively for grants or guarantees for projects in |
25 | the host county that qualify under 64 Pa.C.S. §§ 1551 |
26 | (relating to Business in Our Sites Program), 1556 |
27 | (relating to Tax Increment Financing Guarantee |
28 | Program) and 1558 (relating to Water Supply and |
29 | Wastewater Infrastructure Program). |
30 | (C) If the facility is a Category 3 licensed |
|
1 | facility located in a county of the fifth class that |
2 | is contiguous to a county of the seventh class, 2% of |
3 | the gross terminal revenue from the licensed facility |
4 | shall be deposited into a restricted receipts account |
5 | to be established in the Commonwealth Financing |
6 | Authority to be used exclusively for grants within |
7 | the county for economic development projects, |
8 | infrastructure projects, community improvement |
9 | projects and other projects in the public interest |
10 | within the county and for infrastructure projects |
11 | within a 20-mile radius of the licensed facility in a |
12 | contiguous county of the seventh class. |
13 | * * * |
14 | (3) From the local share assessment established in |
15 | subsection (b), make quarterly distributions among the |
16 | municipalities, including home rule municipalities, hosting a |
17 | licensed facility in accordance with the following schedule: |
18 | * * * |
19 | (v) To a township of the second class hosting a |
20 | licensed facility[, other than a Category 3 licensed |
21 | facility,] |
22 | (A) 2% of the gross terminal revenue or |
23 | $10,000,000 annually, whichever is greater, shall be |
24 | paid by each licensed gaming entity operating a |
25 | licensed facility [located in the township], other |
26 | than a Category 3 licensed facility or a licensed |
27 | facility owning land adjacent to the licensed |
28 | facility located in more than one township of the |
29 | second class, to the township of the second class |
30 | hosting the licensed facility, subject, however, to |
|
1 | the budgetary limitation in this subparagraph. The |
2 | amount allocated to the designated municipalities |
3 | shall not exceed 50% of their total budget for fiscal |
4 | year 2003-2004, adjusted for inflation in subsequent |
5 | years by an amount not to exceed an annual cost-of- |
6 | living adjustment calculated by applying the |
7 | percentage change in the Consumer Price Index |
8 | immediately prior to the date the adjustment is due |
9 | to take effect. Any remaining money shall be |
10 | collected by the department from each licensed gaming |
11 | entity and distributed in accordance with paragraph |
12 | (2) based upon the classification of county where the |
13 | licensed facility is located. [Where the licensed |
14 | facility is other than a Category 3 and is located in |
15 | more than one second class township, the] If revenues |
16 | generated by the 2% do not meet the $10,000,000 |
17 | minimum specified in this subparagraph, the |
18 | department shall collect the remainder of the minimum |
19 | amount of $10,000,000 from each licensed gaming |
20 | entity operating a licensed facility in the township, |
21 | pay any balance due to the township and transfer any |
22 | remainder in accordance with paragraph (2). |
23 | (B) 2% of the gross terminal revenue or |
24 | $10,000,000 annually, whichever is greater, less the |
25 | amount paid under clause (C), shall be paid by each |
26 | licensed gaming entity operating a licensed facility |
27 | and owning land adjacent to the licensed facility |
28 | located in more than one township of the second |
29 | class, other than a Category 3 licensed facility, to |
30 | the township of the second class hosting the licensed |
|
1 | facility, subject, however, to the budgetary |
2 | limitation in this subparagraph. The amount allocated |
3 | to the designated municipalities may not exceed 50% |
4 | of their total budget for the fiscal year 2003-2004, |
5 | adjusted for inflation in subsequent years by an |
6 | amount not to exceed an annual cost-of-living |
7 | adjustment calculated by applying the percentage |
8 | change in the Consumer Price Index immediately prior |
9 | to the date the adjustment is due to take effect. Any |
10 | remaining money shall be collected by the department |
11 | from each licensed gaming entity and distributed in |
12 | accordance with paragraph (2) based upon the |
13 | classification of the county where the licensed |
14 | facility is located. The county commissioners of |
15 | [the] a county of the third class in which the |
16 | licensed facility is located shall appoint an |
17 | advisory committee for the purpose of advising the |
18 | county as to the need for municipal grants for |
19 | health, safety, transportation and other projects in |
20 | the public interest to be comprised of two |
21 | individuals from the host municipality, two from |
22 | contiguous municipalities within the county of the |
23 | third class and one from the host county. [A county |
24 | other than a county of the third class in which the |
25 | licensed facility is located is not required to |
26 | appoint an advisory committee and may use funds |
27 | received under this subparagraph for purposes other |
28 | than municipal grants.] In the event that the |
29 | revenues generated by the 2% do not meet the |
30 | $10,000,000 minimum specified in this subparagraph, |
|
1 | the department shall collect the remainder of the |
2 | minimum amount of $10,000,000 from each licensed |
3 | gaming entity operating a licensed facility in the |
4 | township, pay any balance due to the township and |
5 | transfer any remainder in accordance with paragraph |
6 | (2). |
7 | (C) $160,000 annually shall be paid by each |
8 | licensed gaming entity operating a licensed facility |
9 | and owning land adjacent to the licensed facility |
10 | located in more than one township of the second |
11 | class, other than a Category 3 licensed facility, to |
12 | the township of the second class that is located in a |
13 | county of the fifth class in which the adjacent land |
14 | is located, including racetracks, grazing fields or |
15 | any other adjoining real property. |
16 | * * * |
17 | (viii) [To] (A) Except as provided in clause (B) or |
18 | (C), to a municipality of any class hosting a |
19 | Category 3 facility, 2% of the gross terminal revenue |
20 | from the Category 3 licensed facility located in the |
21 | municipality, subject, however, to the budgetary |
22 | limitation in this [subparagraph] clause. The amount |
23 | allocated to the designated municipalities shall not |
24 | exceed 50% of their total budget for fiscal year |
25 | [2003-2004] 2009, adjusted for inflation in |
26 | subsequent years by an amount not to exceed an annual |
27 | cost-of-living adjustment calculated by applying the |
28 | percentage change in the Consumer Price Index |
29 | immediately prior to the date the adjustment is due |
30 | to take effect. Any remaining money shall be |
|
1 | collected by the department from each licensed gaming |
2 | entity and distributed in accordance with paragraph |
3 | (2) based upon the classification of county where the |
4 | licensed facility is located. |
5 | (B) If the municipality hosting a Category 3 |
6 | licensed facility is a borough located in a county of |
7 | the third class and the borough is contiguous to a |
8 | city of the third class, 1% of gross terminal revenue |
9 | shall be distributed to the host borough and 1% of |
10 | gross terminal revenue shall be distributed to the |
11 | city of the third class that is contiguous to the |
12 | host borough, subject, however, to the budgetary |
13 | limitation in this clause. The amount allocated to |
14 | each designated municipality shall not exceed 50% of |
15 | its total budget for fiscal year 2009, adjusted for |
16 | inflation in subsequent years by an amount not to |
17 | exceed an annual cost-of-living adjustment calculated |
18 | by applying the percentage increase, if any, in the |
19 | Consumer Price Index immediately prior to the date |
20 | the adjustment is due to take effect. Any remaining |
21 | money shall be collected by the department from each |
22 | licensed gaming entity and distributed in accordance |
23 | with paragraph (2) based upon the classification of |
24 | county where the licensed facility is located. |
25 | (C) If the municipality hosting a Category 3 |
26 | licensed facility is a township of the second class |
27 | in a county of the fifth class which is contiguous to | <-- |
28 | a county of the seventh class, 2% of the gross |
29 | terminal revenue from the Category 3 licensed |
30 | facility located in the municipality, subject, |
|
1 | however, to the budgetary limitation in this clause. |
2 | The amount allocated to the designated municipalities |
3 | shall not exceed the lesser of $1,000,000 or 50% of | <-- |
4 | their total budget for fiscal year 2009, adjusted for |
5 | inflation in subsequent years by an amount not to |
6 | exceed an annual cost-of-living adjustment calculated |
7 | by applying the percentage change in the consumer |
8 | Price Index immediately prior to the date the |
9 | adjustment is due to take effect. Any remaining money |
10 | shall be collected by the department from each |
11 | licensed gaming entity and distributed in equal |
12 | amounts to each municipality contiguous to the host |
13 | municipality. However, if the amount to be allocated | <-- |
14 | to any contiguous municipality exceeds shall not | <-- |
15 | exceed the lesser of $1,000,000 or 50% of the |
16 | municipality's total budget for fiscal year 2009, |
17 | adjusted for inflation in subsequent years by an |
18 | amount not to exceed an annual cost-of-living |
19 | adjustment calculated by applying the percentage |
20 | change in the Consumer Price Index immediately prior |
21 | to the date the adjustment is due to take effect. Any |
22 | money remaining following distribution to contiguous |
23 | municipalities shall be collected by the department |
24 | and distributed in accordance with paragraph (2) |
25 | based upon the classification of county where the |
26 | licensed facility is located. |
27 | * * * |
28 | (e) Reporting.-- |
29 | (1) In cooperation with the department and the | <-- |
30 | Commonwealth Financing Authority, the Department of Community |
|
1 | and Economic Development shall submit an annual report on all |
2 | distributions of local share assessments to counties and |
3 | municipalities under this section to the chairman and |
4 | minority chairman of the Appropriations Committee of the |
5 | Senate, the chairman and minority chairman of the Community, |
6 | Economic and Recreational Development Committee of the |
7 | Senate, the chairman and minority chairman of the |
8 | Appropriations Committee of the House of Representatives and |
9 | the chairman and minority chairman of the Gaming Oversight |
10 | Committee of the House of Representatives. The report shall |
11 | be submitted by August 31, 2010, and by August 31 of each |
12 | year thereafter. |
13 | (2) All counties and municipalities receiving |
14 | distributions of local share assessments under this section |
15 | shall submit information to the Department of Community and |
16 | Economic Development on a form prepared by the Department of |
17 | Community and Economic Development that sets forth the amount |
18 | and use of the funds received in the prior calendar year. The |
19 | form shall set forth whether the funds received were |
20 | deposited in the county's or municipality's General Fund or |
21 | committed to a specific project or use. |
22 | (f) Prohibited activities.-- |
23 | (1) A person or its affiliated entity or a political |
24 | subdivision shall not compensate or incur an obligation to |
25 | compensate a person to engage in lobbying for compensation |
26 | contingent in whole or in part upon the approval, award, |
27 | receipt or denial of funds under this section. A person or |
28 | its affiliated entity shall not engage in or agree to engage |
29 | in lobbying for compensation contingent in whole or in part |
30 | upon the approval, award, receipt or denial of funds under |
|
1 | this section. This subsection shall not apply to a county or |
2 | municipality that compensates a person to prepare a grant |
3 | application for funds under this section if the following |
4 | requirements are met: |
5 | (i) The person is not identified in the application. |
6 | (ii) The person has no direct contact with the |
7 | agency, county or municipality providing the funding. |
8 | (iii) The person is paid a fixed fee or percentage |
9 | of the amount of any funds approved, awarded or received |
10 | up to .5%. |
11 | (2) A violation of this section shall be considered an |
12 | intentional violation of 65 Pa.C.S. § 13A09(e) (relating to |
13 | penalties). |
14 | Section 11.4. Section 1406(a) of Title 4 is amended to read: |
15 | § 1406. Distributions from Pennsylvania Race Horse Development |
16 | Fund. |
17 | (a) Distributions.--Funds [from] in the Pennsylvania Race |
18 | Horse Development Fund are hereby appropriated to the department |
19 | on a continuing basis for the purposes set forth in this |
20 | subsection and shall be distributed to each active and operating |
21 | Category 1 licensee conducting live racing [in the following |
22 | manner] as follows: |
23 | (1) An amount equal to 18% of the daily gross terminal |
24 | revenue of each Category 1 licensee shall be distributed to |
25 | each active and operating Category 1 licensee conducting live |
26 | racing unless the daily assessments are affected by the daily |
27 | assessment cap provided for in section 1405(c) (relating to |
28 | Pennsylvania Race Horse Development Fund). In cases in which |
29 | the daily assessment cap affects daily assessments, the |
30 | distribution to each active and operating Category 1 licensee |
|
1 | conducting live racing for that day shall be a percentage of |
2 | the total daily assessments paid into the Pennsylvania Race |
3 | Horse Development Fund for that day equal to the gross |
4 | terminal revenue of each active and operating Category 1 |
5 | licensee conducting live racing for that day divided by the |
6 | total gross terminal revenue of all active and operating |
7 | Category 1 licensees conducting live racing for that day. |
8 | [The] Except as provided in paragraphs (2) and (2.1), the |
9 | distributions to licensed racing entities from the |
10 | Pennsylvania Race Horse Development Fund shall be allocated |
11 | as follows: |
12 | (i) Eighty percent shall be deposited weekly into a |
13 | separate, interest-bearing purse account to be |
14 | established by and for the benefit of the horsemen. The |
15 | earned interest on the account shall be credited to the |
16 | purse account. Licensees shall combine these funds with |
17 | revenues from existing purse agreements to fund purses |
18 | for live races consistent with those agreements with the |
19 | advice and consent of the horsemen. |
20 | (ii) For thoroughbred tracks, 16% shall be deposited |
21 | on a monthly basis into the Pennsylvania Breeding Fund as |
22 | defined in section 223 of the Race Horse Industry Reform |
23 | Act. For standardbred tracks, 8% shall be deposited on a |
24 | monthly basis in the Pennsylvania Sire Stakes Fund as |
25 | defined in section 224 of the Race Horse Industry Reform |
26 | Act, and 8% shall be deposited on a monthly basis into a |
27 | restricted account in the State Racing Fund to be known |
28 | as the Pennsylvania Standardbred Breeders Development |
29 | Fund. The State Harness Racing Commission shall, in |
30 | consultation with the Secretary of Agriculture by rule or |
|
1 | by regulation, adopt a standardbred breeders program that |
2 | will include the administration of Pennsylvania Stallion |
3 | Award, Pennsylvania Bred Award and a Pennsylvania Sired |
4 | and Bred Award. |
5 | (iii) Four percent shall be used to fund health and |
6 | pension benefits for the members of the horsemen's |
7 | organizations representing the owners and trainers at the |
8 | racetrack at which the licensed racing entity operates |
9 | for the benefit of the organization's members, their |
10 | families, employees and others in accordance with the |
11 | rules and eligibility requirements of the organization, |
12 | as approved by the State Horse Racing Commission or the |
13 | State Harness Racing Commission. This amount shall be |
14 | deposited within five business days of the end of each |
15 | month into a separate account to be established by each |
16 | respective horsemen's organization at a banking |
17 | institution of its choice. Of this amount, $250,000 shall |
18 | be paid annually by the horsemen's organization to the |
19 | thoroughbred jockeys or standardbred drivers organization |
20 | at the racetrack at which the licensed racing entity |
21 | operates for health insurance, life insurance or other |
22 | benefits to active and disabled thoroughbred jockeys or |
23 | standardbred drivers in accordance with the rules and |
24 | eligibility requirements of that organization. |
25 | (2) [(Reserved).] Beginning January 1, 2010, and for the |
26 | remainder of fiscal year 2009-2010, distributions from the |
27 | Pennsylvania Race Horse Development Fund shall be allocated |
28 | as follows: |
29 | (i) Each week, 34% of the money in the Pennsylvania |
30 | Race Horse Development Fund shall be transferred to the |
|
1 | General Fund. |
2 | (ii) Each week, 66% of the money in the Pennsylvania |
3 | Race Horse Development Fund shall be distributed to each |
4 | active and operating Category 1 licensee conducting live |
5 | racing in accordance with the following formula: |
6 | (A) Divide: |
7 | (I) the total daily assessments paid by each |
8 | active and operating Category 1 licensee |
9 | conducting live racing into the Pennsylvania Race |
10 | Horse Development Fund for that week; by |
11 | (II) the total daily assessments paid by all |
12 | active and operating Category 1 licensees |
13 | conducting live racing into the Pennsylvania Race |
14 | Horse Development Fund for that week. |
15 | (B) Multiply the quotient under clause (A) by |
16 | the amount to be distributed under this subparagraph. |
17 | (iii) The distribution under subparagraph (ii) shall |
18 | be allocated as follows: |
19 | (A) The greater of 4% of the amount to be |
20 | distributed under subparagraph (ii) or $275,000 shall |
21 | be used to fund health and pension benefits for the |
22 | members of the horsemen's organizations representing |
23 | the owners and trainers at the racetrack at which the |
24 | licensed racing entity operates for the benefit of |
25 | the organization's members, their families, employees |
26 | and others in accordance with the rules and |
27 | eligibility requirements of the organization, as |
28 | approved by the State Horse Racing Commission or the |
29 | State Harness Racing Commission. This amount shall be |
30 | deposited within five business days of the end of |
|
1 | each week into a separate account to be established |
2 | by each respective horsemen's organization at a |
3 | banking institution of its choice. Of this amount, a |
4 | minimum of $250,000 shall be paid annually by the |
5 | horsemen's organization to the thoroughbred jockeys |
6 | or standardbred drivers organization at the racetrack |
7 | at which the licensed racing entity operates for |
8 | health insurance, life insurance or other benefits to |
9 | active and disabled thoroughbred jockeys or |
10 | standardbred drivers in accordance with the rules and |
11 | eligibility requirements of that organization. The |
12 | total distributions for health and pension benefits |
13 | for fiscal year 2009-2010 shall not exceed |
14 | $11,400,000. |
15 | (B) Of the money remaining to be distributed |
16 | under subparagraph (ii) after application of clause |
17 | (A), the following disbursements shall be made: |
18 | (I) Eighty-three and one-third percent of |
19 | the money to be distributed under this clause |
20 | shall be deposited on a weekly basis into a |
21 | separate, interest-bearing purse account to be |
22 | established by and for the benefit of the |
23 | horsemen. The earned interest on the account |
24 | shall be credited to the purse account. Licensees |
25 | shall combine these funds with revenues from |
26 | existing purse agreements to fund purses for live |
27 | races consistent with those agreements with the |
28 | advice and consent of the horsemen. |
29 | (II) For thoroughbred tracks, 16 and 2/3% of |
30 | the money to be distributed under this clause |
|
1 | shall be deposited on a weekly basis into the |
2 | Pennsylvania Breeding Fund established in section |
3 | 223 of the act of December 17, 1981 (P.L.435, |
4 | No.135), known as the Race Horse Industry Reform |
5 | Act. For standardbred tracks, 8 and 1/3% of the |
6 | money to be distributed under this clause shall |
7 | be deposited on a weekly basis into the |
8 | Pennsylvania Sire Stakes Fund as defined in |
9 | section 224 of the Race Horse Industry Reform |
10 | Act; and 8 and 1/3% of the money to be |
11 | distributed under this clause shall be deposited |
12 | on a weekly basis into a restricted account in |
13 | the State Racing Fund to be known as the |
14 | Pennsylvania Standardbred Breeders Development |
15 | Fund. The State Harness Racing Commission shall, |
16 | in consultation with the Secretary of |
17 | Agriculture, promulgate regulations adopting a |
18 | standardbred breeders program that will include |
19 | the administration of the Pennsylvania Stallion |
20 | Award, the Pennsylvania Bred Award and the |
21 | Pennsylvania Sired and Bred Award. |
22 | (2.1) For fiscal years 2010-2011 through 2012-2013, |
23 | distributions from the Pennsylvania Race Horse Development |
24 | Fund shall be allocated as follows: |
25 | (i) Each week, 17% of the money in the Pennsylvania |
26 | Race Horse Development Fund shall be transferred to the |
27 | General Fund. |
28 | (ii) Each week, 83% of the money in the Pennsylvania |
29 | Race Horse Development Fund shall be distributed to each |
30 | active and operating Category 1 licensee conducting live |
|
1 | racing in accordance with the following formula: |
2 | (A) Divide: |
3 | (I) the total daily assessments paid, by |
4 | each active and operating Category 1 licensee |
5 | conducting live racing, into the Pennsylvania |
6 | Race Horse Development Fund for that week; by |
7 | (II) the total daily assessments paid, by |
8 | all active and operating Category 1 licensees |
9 | conducting live racing, into the Pennsylvania |
10 | Race Horse Development Fund for that week. |
11 | (B) Multiply the quotient under clause (A) by |
12 | the amount to be distributed under this subparagraph. |
13 | (iii) The distribution under subparagraph (ii) shall |
14 | be allocated as follows: |
15 | (A) The greater of 4% of the amount to be |
16 | distributed under subparagraph (ii) or $220,000 shall |
17 | be used to fund health and pension benefits for the |
18 | members of the horsemen's organizations representing |
19 | the owners and trainers at the racetrack at which the |
20 | licensed racing entity operates for the benefit of |
21 | the organization's members, their families, employees |
22 | and others in accordance with the rules and |
23 | eligibility requirements of the organization, as |
24 | approved by the State Horse Racing Commission or the |
25 | State Harness Racing Commission. This amount shall be |
26 | deposited within five business days of the end of |
27 | each week into a separate account to be established |
28 | by each respective horsemen's organization at a |
29 | banking institution of its choice. Of this amount, a |
30 | minimum of $250,000 shall be paid annually by the |
|
1 | horsemen's organization to the thoroughbred jockeys |
2 | or standardbred drivers organization at the racetrack |
3 | at which the licensed racing entity operates for |
4 | health insurance, life insurance or other benefits to |
5 | active and disabled thoroughbred jockeys or |
6 | standardbred drivers in accordance with the rules and |
7 | eligibility requirements of that organization. The |
8 | total distribution under this clause in any fiscal |
9 | year shall not exceed $11,400,000. |
10 | (B) Of the money remaining to be distributed |
11 | under subparagraph (ii) after application of clause |
12 | (A), the following disbursements shall be made: |
13 | (I) Eighty-three and one-third percent of |
14 | the money to be distributed under this clause |
15 | shall be deposited on a weekly basis into a |
16 | separate, interest-bearing purse account to be |
17 | established by and for the benefit of the |
18 | horsemen. The earned interest on the account |
19 | shall be credited to the purse account. Licensees |
20 | shall combine these funds with revenues from |
21 | existing purse agreements to fund purses for live |
22 | races consistent with those agreements with the |
23 | advice and consent of the horsemen. |
24 | (II) For thoroughbred tracks, 16 and 2/3% of |
25 | the money to be distributed under this clause |
26 | shall be deposited on a weekly basis into the |
27 | Pennsylvania Breeding Fund established in section |
28 | 223 of the Race Horse Industry Reform Act. For |
29 | standardbred tracks, 8 and 1/3% of the money to |
30 | be distributed under this clause shall be |
|
1 | deposited on a weekly basis into the Pennsylvania |
2 | Sire Stakes Fund as defined in section 224 of the |
3 | Race Horse Industry Reform Act; and 8 and 1/3% of |
4 | the money to be distributed under this clause |
5 | shall be deposited on a weekly basis into a |
6 | restricted account in the State Racing Fund to be |
7 | known as the Pennsylvania Standardbred Breeders |
8 | Development Fund. The State Harness Racing |
9 | Commission shall, in consultation with the |
10 | Secretary of Agriculture, promulgate regulations |
11 | adopting a standardbred breeders program that |
12 | will include the administration of the |
13 | Pennsylvania Stallion Award, the Pennsylvania |
14 | Bred Award and the Pennsylvania Sired and Bred |
15 | Award. |
16 | * * * |
17 | Section 12. Section 1407(d) introductory paragraph and (7) |
18 | of Title 4 are amended and the section is amended by adding |
19 | subsections to read: |
20 | § 1407. Pennsylvania Gaming Economic Development and Tourism |
21 | Fund. |
22 | * * * |
23 | (d) Restrictions on projects for certain counties and |
24 | cities.--[For] Except as set forth in subsection (d.1), for a |
25 | ten-year period beginning with the first fiscal year during |
26 | which deposits are made into this fund, no moneys from the |
27 | Pennsylvania Gaming Economic Development and Tourism Fund shall |
28 | be distributed for any project located in a city or county of |
29 | the first or second class except as authorized by this |
30 | subsection. Moneys not used for the authorized projects in |
|
1 | cities and counties of the first and second classes may be used |
2 | throughout this Commonwealth. Moneys from the fund for projects |
3 | within cities and counties of the first and second classes may |
4 | only be used for the following projects during this ten-year |
5 | period: |
6 | * * * |
7 | [(7) for retirement of indebtedness and for financing of |
8 | a hotel or convention center in a city of the second class |
9 | established pursuant to the authority of the act of July 29, |
10 | 1953 (P.L.1034, No.270), known as the Public Auditorium |
11 | Authorities Law;] |
12 | * * * |
13 | (d.1) Community and economic development.-- |
14 | (1) Notwithstanding subsection (b) or any other |
15 | provision of law to the contrary, the money authorized but |
16 | not expended under former subsection (d)(7) as of the |
17 | effective date of this subsection shall be deposited into a |
18 | restricted receipts account to be established in the |
19 | Commonwealth Financing Authority exclusively for eligible |
20 | applications submitted by the redevelopment authority of a |
21 | county of the second class created pursuant to the act of May |
22 | 24, 1945 (P.L.991, No.385), known as the Urban Redevelopment |
23 | Law, for economic development, infrastructure development, |
24 | job training, community improvement, public safety or other |
25 | projects in the public interest located in a county of the |
26 | second class. Community development corporations, political |
27 | subdivisions, urban redevelopment authorities, municipal |
28 | authorities, for-profit entities and nonprofit entities |
29 | located in a county of the second class shall be eligible to |
30 | receive funds made available under this paragraph. |
|
1 | (2) Notwithstanding the Capital Facilities Debt Enabling |
2 | Act, funding under the paragraph (1) may be utilized as local |
3 | matching funds for grants or loans from the Commonwealth. |
4 | (e) Annual report.--The Office of the Budget, in cooperation |
5 | with the Department of Community and Economic Development and |
6 | the Commonwealth Financing Authority, shall submit an annual |
7 | report of all distribution of funds under this section to the |
8 | chairman and minority chairman of the Appropriations Committee |
9 | of the Senate, the chairman and minority chairman of the |
10 | Community, Economic and Recreational Development Committee of |
11 | the Senate, the chairman and minority chairman of the |
12 | Appropriations Committee of the House of Representatives and the |
13 | chairman and minority chairman of the Gaming Oversight Committee |
14 | of the House of Representatives. The report shall include |
15 | detailed information relating to transfers made from the |
16 | Pennsylvania Gaming Economic Development and Tourism Fund and |
17 | all reimbursements, distributions and payments made under |
18 | subsection (b) or the act of July 25, 2007 (P.L.342, No.53), |
19 | known as Pennsylvania Gaming Economic Development and Tourism |
20 | Fund Capital Budget Itemization Act of 2007. The report shall be |
21 | submitted by August 31, 2010, and by August 31 of each year |
22 | thereafter. |
23 | (f) Local report.--A city of the first class, city of the |
24 | second class, county of the second class, convention center or |
25 | convention center authority, sports and exhibition authority of |
26 | a county of the second class, urban redevelopment authority, |
27 | airport authority or other entity that receives money from the |
28 | fund pursuant to an Economic Development Capital Budget under |
29 | subsection (b) or the Pennsylvania Gaming Economic Development |
30 | and Tourism Fund Capital Budget Itemization Act of 2007 shall |
|
1 | submit an annual report to the Office of the Budget. The report |
2 | shall include detailed information, including records of |
3 | expenditures, payments and other distributions made from funds |
4 | received under subsection (b). The initial report shall include |
5 | information on all funds received prior to August 31, 2010. The |
6 | report shall be submitted by August 31, 2010, and by August 31 |
7 | of each year thereafter until all funds under this section are |
8 | distributed or received. An entity that receives funds for the |
9 | first time after the effective date of this section shall submit |
10 | its initial report by August 31 of the year following receipt of |
11 | the funds. |
12 | (g) Distribution to international airport.--Notwithstanding |
13 | the provisions of section 7(d) of the act of July 25, 2007 |
14 | (P.L.342, No.53), known as the Pennsylvania Gaming Economic |
15 | Development and Tourism Fund Capital Budget Itemization Act of |
16 | 2007, following the distribution of $42.5 million of funds |
17 | allocated to a county of the second class for debt service and |
18 | economic development projects for an international airport in |
19 | the county under section 3(2)(i)(E) of said act, all remaining |
20 | funds shall be distributed directly to an authority that |
21 | operates an international airport in the county. |
22 | Section 13. Section 1408(a), (c) and (e) of Title 4 are |
23 | amended and the section is amended by adding a subsection to |
24 | read: |
25 | § 1408. Transfers from State Gaming Fund. |
26 | (a) Transfer for compulsive and problem gambling |
27 | treatment.--Each year, the sum of [$1,500,000] $2,000,000 or an |
28 | amount equal to [.001] .002 multiplied by the total gross |
29 | terminal revenue of all active and operating licensed gaming |
30 | entities, whichever is greater, shall be transferred into the |
|
1 | Compulsive and Problem Gambling Treatment Fund established in |
2 | section 1509 (relating to compulsive and problem gambling |
3 | program). |
4 | (a.1) Transfer.--Beginning on the first business day of |
5 | January 2010 and annually thereafter, the sum of $3,000,000 |
6 | shall be transfered to the Department of Health to be used to |
7 | provide drug and alcohol addiction treatment services, including |
8 | treatment for drug and alcohol addiction related to compulsive |
9 | and problem gambling, as set forth in section 1509.1 (relating |
10 | to drug and alcohol treatment). |
11 | * * * |
12 | (c) Local law enforcement grants.--Annually, the sum of |
13 | [$5,000,000] $2,000,000 shall be transferred to the board for |
14 | the purpose of issuing grants to local law enforcement agencies |
15 | to [enforce and prevent the unlawful operation of slot machines] |
16 | investigate violations of and enforce laws relating to unlawful |
17 | gambling in this Commonwealth. For purposes of this subsection, |
18 | the term "local law enforcement agency" shall include the |
19 | Pennsylvania State Police when conducting unlawful gambling |
20 | enforcement and prevention activities in a municipality which |
21 | does not have a municipal police department and in which the |
22 | Pennsylvania State Police provide the municipality with primary |
23 | police coverage. |
24 | * * * |
25 | (e) Transfer to Property Tax Relief Fund.--Monthly, the |
26 | State Treasurer shall transfer the remaining balance in the |
27 | State Gaming Fund which is not allocated in subsections (a), |
28 | (a.1), (b), (c) and (d) to the Property Tax Relief Fund |
29 | established in section 1409 (relating to Property Tax Relief |
30 | Fund). |
|
1 | Section 13.1. Sections 1501(b) and (c), 1504 and 1505 of |
2 | Title 4 are amended to read: |
3 | § 1501. Responsibility and authority of department. |
4 | * * * |
5 | (b) Application of rules and regulations.--The department |
6 | may prescribe the extent, if any, to which any rules and |
7 | regulations shall be applied without retroactive effect. The |
8 | department shall have authority to prescribe the forms and the |
9 | system of accounting and recordkeeping to be employed and |
10 | through its representative shall at all times have power of |
11 | access to and examination and audit of any equipment and records |
12 | relating to all aspects of the operation of slot machines and |
13 | table games under this part. |
14 | (c) Procedure.--For purposes of implementing this part, the |
15 | department may promulgate regulations in the same manner in |
16 | which the board is authorized as provided in section 1203 |
17 | (relating to temporary regulations) and section 1303A (relating |
18 | to temporary table game regulations). |
19 | * * * |
20 | § 1504. Wagering on credit. |
21 | [Slot] Except as otherwise provided in this section, slot |
22 | machine licensees [may] shall not extend credit. Slot machine |
23 | licensees [may] shall not accept credit cards, charge cards or |
24 | debit cards from a patron or player for the exchange or purchase |
25 | of slot machine credits or for an advance of coins or currency |
26 | to be utilized by a player to play slot machine games or extend |
27 | credit in any manner to a player so as to enable the player to |
28 | play slot machines. Slot machine licensees who hold a table game |
29 | operation certificate may extend credit for slot machine gaming |
30 | in accordance with section 1326A (relating to cash equivalents). |
|
1 | § 1505. No eminent domain authority. |
2 | Neither the Commonwealth nor any political subdivision |
3 | thereof shall have the right to acquire, with or without |
4 | compensation, through the power of eminent domain any property, |
5 | easement or land use right for the siting or construction of a |
6 | licensed facility [for the operation of slot machines by a slot |
7 | machine licensee]. |
8 | Section 13.2. Section 1509(a), (b), (c) and (d) of Title 4 |
9 | are amended and the section is amended by adding subsections to |
10 | read: |
11 | § 1509. Compulsive and problem gambling program. |
12 | (a) Establishment of program.--The Department of Health, in |
13 | consultation with organizations similar to the Mid-Atlantic |
14 | Addiction Training Institute, shall develop program guidelines |
15 | for public education, awareness and training regarding |
16 | compulsive and problem gambling and the treatment and prevention |
17 | of compulsive and problem gambling. The guidelines shall include |
18 | strategies for the prevention of compulsive and problem |
19 | gambling. The Department of Health may consult with the board |
20 | and licensed gaming entities to develop such strategies. [The |
21 | program shall include: |
22 | (1) Maintenance of a compulsive gamblers assistance |
23 | organization's toll-free problem gambling telephone number to |
24 | provide crisis counseling and referral services to families |
25 | experiencing difficulty as a result of problem or compulsive |
26 | gambling. |
27 | (2) The promotion of public awareness regarding the |
28 | recognition and prevention of problem or compulsive gambling. |
29 | (3) Facilitation, through in-service training and other |
30 | means, of the availability of effective assistance programs |
|
1 | for problem and compulsive gamblers and family members |
2 | affected by problem and compulsive gambling. |
3 | (4) Conducting studies to identify adults and juveniles |
4 | in this Commonwealth who are or are at risk of becoming |
5 | problem or compulsive gamblers. |
6 | (5) Providing grants to and contracting with |
7 | organizations which provide services as set forth in this |
8 | section. |
9 | (6) Providing reimbursement for organizations for |
10 | reasonable expenses in assisting the Department of Health in |
11 | carrying out the purposes of this section.] |
12 | (a.1) Duties of Department of Health.--From funds available |
13 | in the Compulsive and Problem Gambling Treatment Fund, the |
14 | Department of Health shall: |
15 | (1) Maintain a compulsive gamblers assistance |
16 | organization's toll-free problem gambling telephone number to |
17 | provide crisis counseling and referral services to |
18 | individuals and families experiencing difficulty as a result |
19 | of problem or compulsive gambling. |
20 | (2) Facilitate, through in-service training and other |
21 | means, the availability of effective assistance programs for |
22 | problem and compulsive gamblers and family members affected |
23 | by problem and compulsive gambling. |
24 | (3) At its discretion, conduct studies to identify |
25 | individuals in this Commonwealth who are or are at risk of |
26 | becoming problem or compulsive gamblers. |
27 | (4) Provide grants to and contract with single county |
28 | authorities and other organizations which provide services as |
29 | set forth in this section. |
30 | (5) Reimburse organizations for reasonable expenses |
|
1 | incurred assisting the Department of Health with implementing |
2 | this section. |
3 | (a.2) Duties of Department of Health and board.--Within 60 |
4 | days following the effective date of this subsection, the |
5 | Department of Health's Bureau of Drug and Alcohol Programs and |
6 | the board's Office of Compulsive and Problem Gambling shall |
7 | jointly collaborate with other appropriate offices and agencies |
8 | of State or local government, including single county |
9 | authorities, and providers and other persons, public or private, |
10 | with expertise in compulsive and problem gambling treatment to |
11 | do the following: |
12 | (1) Implement a strategic plan for the prevention and |
13 | treatment of compulsive and problem gambling. |
14 | (2) Adopt compulsive and problem gambling treatment |
15 | standards to be integrated with the Bureau of Drug and |
16 | Alcohol Program's uniform Statewide guidelines that govern |
17 | the provision of addiction treatment services. |
18 | (3) Develop a method to coordinate compulsive and |
19 | problem gambling data collection and referral information to |
20 | crisis response hotlines, child welfare and domestic violence |
21 | programs and providers and other appropriate programs and |
22 | providers. |
23 | (4) Develop and disseminate educational materials to |
24 | provide public awareness related to the prevention, |
25 | recognition and treatment of compulsive and problem gambling. |
26 | (5) Develop demographic-specific compulsive and problem |
27 | gambling prevention, intervention and treatment programs. |
28 | (6) Prepare an itemized budget outlining how funds will |
29 | be allocated to fulfill the responsibilities under this |
30 | section. |
|
1 | (b) Compulsive and Problem Gambling Treatment Fund.--There |
2 | is hereby established in the State Treasury a special fund to be |
3 | known as the Compulsive and Problem Gambling Treatment Fund. All |
4 | moneys in the fund shall be [expended] administered by the |
5 | Department of Health and expended solely for programs for the |
6 | prevention and treatment of gambling addiction and other |
7 | emotional and behavioral problems associated with or related to |
8 | gambling addiction and for the administration of the compulsive |
9 | and problem gambling program[.]; provided that the Department of |
10 | Health shall annually distribute at least 50% of the money in |
11 | the fund to single county authorities under subsection (d). The |
12 | fund shall consist of money annually allocated to it from the |
13 | annual payment established under section [1408] 1408(a) |
14 | (relating to transfers from State Gaming Fund), money which may |
15 | be allocated by the board, interest earnings on moneys in the |
16 | fund and any other contributions, payments or deposits which may |
17 | be made to the fund. |
18 | (c) Notice of availability of assistance.-- |
19 | (1) Each slot machine licensee shall obtain a toll-free |
20 | telephone number to be used to provide persons with |
21 | information on assistance for compulsive or problem gambling. |
22 | Each licensee shall conspicuously post at least 20 signs |
23 | similar to the following statement: |
24 | If you or someone you know has a gambling problem, help |
25 | is available. Call (Toll-free telephone number). |
26 | The signs must be posted within 50 feet of each entrance and |
27 | exit [and], within 50 feet of each automated teller machine |
28 | location within the licensed facility and in other |
29 | appropriate public areas of the licensed facility as |
30 | determined by the slot machine licensee. |
|
1 | (2) Each racetrack where slot machines or table games |
2 | are operated shall print a statement on daily racing programs |
3 | provided to the general public that is similar to the |
4 | following: |
5 | If you or someone you know has a gambling problem, help |
6 | is available. Call (Toll-free telephone number). |
7 | (3) A licensed facility which fails to post or print the |
8 | warning sign in accordance with paragraph (1) or (2) shall be |
9 | assessed a fine of $1,000 a day for each day the [sign is] |
10 | minimum number of signs are not posted or the required |
11 | statement is not printed as provided in this subsection. |
12 | (d) Single county authorities.--The Department of Health |
13 | [may] shall make grants from the fund established under |
14 | subsection (b) to [a single county authority] single county |
15 | authorities created pursuant to the act of April 14, 1972 |
16 | (P.L.221, No.63), known as the Pennsylvania Drug and Alcohol |
17 | Abuse Control Act, for the purpose of providing compulsive |
18 | gambling and gambling addiction prevention, treatment and |
19 | education programs. Treatment may include financial counseling, |
20 | irrespective of whether the financial counseling is provided by |
21 | the single county authority, the treatment service provider or |
22 | subcontracted to a third party. It is the intention of the |
23 | General Assembly that any grants [that] made by the Department |
24 | of Health [may make] to any single county authority in |
25 | accordance with the provisions of this subsection be used |
26 | exclusively for the development and implementation of compulsive |
27 | and problem gambling programs authorized under [subsection (a)] |
28 | this section. |
29 | (d.1) Eligibility.--Eligibility to receive treatment |
30 | services for treatment of compulsive and problem gambling under |
|
1 | this section shall be determined using financial eligibility and |
2 | other requirements of the single county authorities as approved |
3 | by the Department of Health. |
4 | (d.2) Report.--No later than October 1, 2010, and each |
5 | October 1 thereafter, the Department of Health, in consultation |
6 | with the board, shall prepare and submit a report on the impact |
7 | of the programs funded by the Compulsive and Problem Gambling |
8 | Treatment Fund to the Governor and to the members of the General |
9 | Assembly. The report shall include aggregate demographic- |
10 | specific data, including race, gender, geography and income of |
11 | those individuals treated. |
12 | * * * |
13 | Section 13.3. Title 4 is amended by adding a section to |
14 | read: |
15 | § 1509.1. Drug and alcohol treatment. |
16 | (a) Duties of Department of Health.--Annually, the |
17 | Department of Health shall allocate and transfer all funds |
18 | received by it under section 1408(a.1) (relating to transfers |
19 | from State Gaming Fund) to the single county authorities. |
20 | (b) Duties of single county authorities.--The funds |
21 | allocated and transferred to the single county authorities under |
22 | subsection (a) shall be used by the single county authorities |
23 | solely for drug and alcohol addiction assessments, including |
24 | drug and alcohol addiction assessment associated or related to |
25 | compulsive and problem gambling, and for the related addiction |
26 | treatment, in nonhospital residential detoxification facilities, |
27 | nonhospital residential rehabilitation facilities and halfway |
28 | houses licensed by the Department of Health to provide addiction |
29 | treatment services. |
30 | (c) Eligibility.--Eligibility to receive treatment services |
|
1 | for treatment of drug and alcohol addiction or drug and alcohol |
2 | addiction associated with or related to compulsive and problem |
3 | gambling shall be determined using financial eligibility and |
4 | other requirements of the single county authorities as approved |
5 | by the Department of Health. |
6 | (d) Report.--No later than October 1, 2010, and each October |
7 | 1 thereafter, the Bureau of Drug and Alcohol Programs shall |
8 | prepare and submit a report to the Governor and to the members |
9 | of the General Assembly on the data and progress on activities |
10 | initiated under this section. |
11 | Section 13.4. Sections 1510(a), 1511(b) and 1512(a.1), (a.5) |
12 | and (b) of Title 4 are amended to read: |
13 | § 1510. Labor hiring preferences. |
14 | (a) Category 1, 2, and 3 licensed facilities, generally.-- |
15 | Each licensed gaming entity shall prepare a hiring plan for |
16 | employees of its respective licensed facility which promotes a |
17 | diverse work force, minority participation and personnel from |
18 | within the surrounding geographical area. The hiring plan shall |
19 | be approved by the board and shall be consistent with the goals |
20 | outlined in sections 1212 (relating to diversity goals of board) |
21 | and 1304A (relating to Commonwealth resident employment goals) |
22 | and shall be updated annually. |
23 | * * * |
24 | § 1511. Declaration of exemption from Federal laws prohibiting |
25 | slot machines. |
26 | * * * |
27 | (b) Legal shipments.--All shipments of [slot machines] |
28 | gambling devices, as defined in section 1 of the Gambling |
29 | Devices Transportation Act (64 Stat. 1134, 15 U.S.C. § 1171), |
30 | into this Commonwealth, the registering, recording and labeling |
|
1 | of which has been effected by the manufacturer and supplier of |
2 | those devices, in accordance with sections [5 and 7] 3 and 4 of |
3 | the Gambling Devices Transportation Act (64 Stat. 1134, 15 |
4 | U.S.C. §§ [1175 and 1177] 1173 and 1174), shall be deemed legal |
5 | shipments of [slot machines] gambling devices into this |
6 | Commonwealth. |
7 | § 1512. Financial and employment interests. |
8 | * * * |
9 | (a.1) Employment.--Except as may be provided by rule or |
10 | order of the Pennsylvania Supreme Court and except as provided |
11 | in section 1202.1 (relating to code of conduct) or 1512.1 |
12 | (relating to additional restrictions), no executive-level public |
13 | employee, public official or party officer, or an immediate |
14 | family member thereof, shall be employed by an applicant or a |
15 | slot machine licensee, manufacturer licensee, supplier licensee |
16 | or licensed racing entity, or by any holding company, affiliate, |
17 | intermediary or subsidiary thereof, while the individual is an |
18 | executive-level public employee, public official or party |
19 | officer and for one year following termination of the |
20 | individual's status as an executive-level public employee, |
21 | public official or party officer. |
22 | * * * |
23 | (a.5) State Ethics Commission.--The State Ethics Commission |
24 | shall [publish] do all of the following: |
25 | (1) Issue a written determination of whether a person is |
26 | subject to subsections (a), (a.1) or (a.2) upon the written |
27 | request of the person or any other person that may have |
28 | liability for an action taken with respect to such person. A |
29 | person that relies in good faith on a determination made |
30 | under this paragraph shall not be subject to any penalty for |
|
1 | an action taken, provided that all material facts set forth |
2 | in the request for the determination are correct. |
3 | (2) Publish a list of all State, county, municipal and |
4 | other government positions that meet the definitions of |
5 | "public official" as defined under subsection (b) or |
6 | "executive-level public employee" [under subsection (b)]. The |
7 | Office of Administration shall assist the State Ethics |
8 | Commission in the development of the list, which shall be |
9 | published by the State Ethics Commission in the Pennsylvania |
10 | Bulletin biennially and posted by the board on the board's |
11 | Internet website. Upon request, each public official shall |
12 | have a duty to provide the State Ethics Commission with |
13 | adequate information to accurately develop and maintain the |
14 | list. The State Ethics Commission may impose a civil penalty |
15 | under 65 Pa.C.S. § 1109(f) (relating to penalties) upon any |
16 | individual, including any public official or executive-level |
17 | public employee, who fails to cooperate with the State Ethics |
18 | Commission under this subsection. A person that relies in |
19 | good faith on the list published by the State Ethics |
20 | Commission shall not be subject to any penalty for a |
21 | violation of this section. |
22 | (b) Definitions.--As used in this section, the following |
23 | words and phrases shall have the meanings given to them in this |
24 | subsection: |
25 | ["Executive-level public employee." The term shall include |
26 | the following: |
27 | (1) Deputy Secretaries of the Commonwealth and the |
28 | Governor's Office executive staff. |
29 | (2) An employee of the Executive Branch with |
30 | discretionary power which may affect or influence the outcome |
|
1 | of a State agency's action or decision and who is involved in |
2 | the development of regulations or policies relating to a |
3 | licensed entity or who is involved in other matters under |
4 | this part. The term shall include an employee with law |
5 | enforcement authority. |
6 | (3) An employee of a county or municipality with |
7 | discretionary powers which may affect or influence the |
8 | outcome of the county's or municipality's action or decision |
9 | and who is involved in the development of law, regulation or |
10 | policy relating to a licensed entity or who is involved in |
11 | other matters under this part. The term shall include an |
12 | employee with law enforcement authority. |
13 | (4) An employee of a department, agency, board, |
14 | commission, authority or other governmental body not included |
15 | in paragraph (1), (2) or (3) with discretionary power which |
16 | may affect or influence the outcome of the governmental |
17 | body's action or decision and who is involved in the |
18 | development of regulation or policy relating to a licensed |
19 | entity or who is involved in other matters under this part. |
20 | The term shall include an employee with law enforcement |
21 | authority.] |
22 | "Financial interest." Owning or holding, or being deemed to |
23 | hold, debt or equity securities or other ownership interest or |
24 | profits interest. A financial interest shall not include any |
25 | debt or equity security, or other ownership interest or profits |
26 | interest, which is held or deemed to be held in any of the |
27 | following: |
28 | (1) A blind trust over which the executive-level public |
29 | employee, public official, party officer or immediate family |
30 | member thereof may not exercise any managerial control or |
|
1 | receive income during the tenure of office and the period |
2 | under subsection (a). The provisions of this paragraph shall |
3 | apply only to blind trusts established prior to the effective |
4 | date of this paragraph. |
5 | (2) Securities that are held in a pension plan, profit- |
6 | sharing plan, individual retirement account, tax-sheltered |
7 | annuity, a plan established pursuant to section 457 of the |
8 | Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C. § |
9 | 1 et seq.) or any successor provision deferred compensation |
10 | plan whether qualified or not qualified under the Internal |
11 | Revenue Code of 1986 or any successor provision or other |
12 | retirement plan that: |
13 | (i) is not self-directed by the individual; and |
14 | (ii) is advised by an independent investment adviser |
15 | who has sole authority to make investment decisions with |
16 | respect to contributions made by the individual to these |
17 | plans. |
18 | (3) A tuition account plan organized and operated |
19 | pursuant to section 529 of the Internal Revenue Code of 1986 |
20 | (Public Law 99-514, 26 U.S.C. § 529) that is not self- |
21 | directed by the individual. |
22 | (4) A mutual fund where the interest owned by the mutual |
23 | fund in a licensed entity does not constitute a controlling |
24 | interest as defined in this part. |
25 | "Immediate family." A spouse, minor child or unemancipated |
26 | child. |
27 | ["Law enforcement authority." The power to conduct |
28 | investigations of or to make arrests for criminal offenses.] |
29 | "Party officer." A member of a national committee; a |
30 | chairman, vice chairman, secretary, treasurer or counsel of a |
|
1 | State committee or member of the executive committee of a State |
2 | committee; a county chairman, vice chairman, counsel, secretary |
3 | or treasurer of a county committee in which a licensed facility |
4 | is located; or a city chairman, vice chairman, counsel, |
5 | secretary or treasurer of a city committee of a city in which a |
6 | licensed facility is located. |
7 | "Public official." The term shall include the following: |
8 | (1) The Governor, Lieutenant Governor, a member of the |
9 | Governor's cabinet, Treasurer, Auditor General and Attorney |
10 | General of the Commonwealth. |
11 | (2) A member of the Senate or House of Representatives |
12 | of the Commonwealth. |
13 | (3) An individual elected or appointed to any office of |
14 | a county or municipality that directly receives a |
15 | distribution of revenue under this part. |
16 | (4) An individual elected or appointed to a department, |
17 | agency, board, commission, authority or other governmental |
18 | body not included in paragraph (1), (2) or (3) that directly |
19 | receives a distribution of revenue under this part. |
20 | (5) An individual elected or appointed to a department, |
21 | agency, board, commission, authority, county, municipality or |
22 | other governmental body not included in paragraph (1), (2) or |
23 | (3) with discretionary power which may influence or affect |
24 | the outcome of an action or decision and who is involved in |
25 | the development of regulation or policy relating to a |
26 | licensed entity or who is involved in other matters under |
27 | this part. |
28 | The term does not include a member of a school board or an |
29 | individual who held an uncompensated office with a governmental |
30 | body prior to January 1, 2006, and who no longer holds the |
|
1 | office as of January 1, 2006. The term includes a member of an |
2 | advisory board or commission which makes recommendations |
3 | relating to a licensed facility. |
4 | Section 14. Title 4 is amended by adding a section to read: |
5 | § 1512.1. Additional restrictions. |
6 | (a) Restrictions.--No individual trooper or employee of the |
7 | Pennsylvania State Police or employee of the Office of Attorney |
8 | General or the department whose duties substantially involve |
9 | licensing or enforcement, the development of laws, or the |
10 | development or adoption of regulations or policy related to |
11 | gaming under this part or who has other discretionary authority |
12 | which may affect or influence the outcome of an action, | <-- |
13 | proceeding or decision under this part shall do any of the |
14 | following: |
15 | (1) Accept employment with or be retained by an |
16 | applicant or licensed entity, or an affiliate, intermediary, |
17 | subsidiary or holding company of an applicant or licensed |
18 | entity, for a period of two years after the termination of |
19 | employment. |
20 | (2) Appear before the board in any hearing or proceeding |
21 | or participate in any other activity on behalf of any |
22 | applicant, licensee, permittee or licensed entity, or an |
23 | affiliate, intermediary, subsidiary or holding company of an |
24 | applicant, licensee or licensed entity, for a period of two |
25 | years after termination of employment. Nothing in this |
26 | paragraph shall prevent a current or former trooper or |
27 | employee of the Pennsylvania State Police, the Office of |
28 | Attorney General or the department from appearing before the |
29 | board in any proceeding or hearing as a witness or testifying |
30 | as to any fact or information. |
|
1 | (3) As a condition of employment, an individual subject |
2 | to this subsection shall sign an affidavit that the |
3 | individual will not accept employment with or be retained by |
4 | any applicant or licensed entity, or an affiliate, |
5 | intermediary, subsidiary or holding company of an applicant |
6 | or licensed entity, for a period of two years after the |
7 | termination of employment. |
8 | (b) Employment or retention.--An applicant or licensed |
9 | entity or an affiliate, intermediary, subsidiary or holding |
10 | company of an applicant or licensed entity shall not employ or |
11 | retain an individual who signed an affidavit required by |
12 | subsection (a)(3) until the expiration of the period required in |
13 | subsection (a)(1). An applicant or licensed entity, or an |
14 | affiliate, intermediary, subsidiary or holding company of an |
15 | applicant or licensed entity, that knowingly employs or retains |
16 | an individual in violation of this subsection shall terminate |
17 | the employment of the individual and be subject to a penalty |
18 | under section 1518(c) (relating to prohibited acts; penalties). |
19 | (c) Violation.--If an individual subject to subsection (a) |
20 | refuses or otherwise fails to sign an affidavit, the |
21 | individual's potential employer shall terminate the rescind the | <-- |
22 | offer of employment. |
23 | (d) Code of conduct.--The Pennsylvania State Police, Office |
24 | of Attorney General and department each shall adopt a |
25 | comprehensive code of conduct which shall supplement all other |
26 | requirements under this part and 65 Pa.C.S. Pt. II (relating to |
27 | accountability), as applicable, and shall provide guidelines |
28 | applicable to troopers, employees, independent contractors of |
29 | the agency whose duties substantially involve licensing or |
30 | enforcement, the development of laws, or the development or |
|
1 | adoption of regulations or policy related to gaming under this |
2 | part or who has other discretionary authority which may affect |
3 | the outcome of an action, proceeding or decision under this |
4 | part, and the immediate families of these individuals to enable |
5 | them to avoid any perceived or actual conflict of interest and |
6 | to promote public confidence in the integrity and impartiality |
7 | of gaming enforcement and regulation. At a minimum, the code of |
8 | conduct adopted under this section shall apply the types of |
9 | restrictions applicable to members under section 1202.1(c), |
10 | except that the restrictions under section 1202.1(c)(5) shall |
11 | not apply to an elected Attorney General. |
12 | (e) State Ethics Commission.--The State Ethics Commission |
13 | shall do all of the following: |
14 | (1) Issue a written determination of whether an |
15 | individual is subject to subsection (a) upon the written |
16 | request of the individual or the individual's employer or |
17 | potential employer. A person that relies in good faith on a |
18 | determination made under this paragraph shall not be subject |
19 | to any penalty for an action taken, provided that all |
20 | material facts set forth in the request for the determination |
21 | are correct. |
22 | (2) Publish a list of all positions within the |
23 | Pennsylvania State Police, the Office of Attorney General and |
24 | the department whose duties would subject the individuals in |
25 | those positions to the provisions of subsection (a). Each |
26 | agency subject to this subsection shall assist the State |
27 | Ethics Commission in the development of the list, which shall |
28 | be published by the State Ethics Commission in the |
29 | Pennsylvania Bulletin biennially, shall be posted by the |
30 | board on the board's Internet website and shall be posted by |
|
1 | each agency on the agency's Internet website. Upon request by |
2 | the State Ethics Commission, members and employees of each |
3 | agency subject to this subsection shall have a duty to |
4 | provide the State Ethics Commission with adequate information |
5 | to accurately develop and maintain the list. The State Ethics |
6 | Commission may impose a civil penalty under 65 Pa.C.S. § |
7 | 1109(f) (relating to penalties) upon any individual who fails |
8 | to cooperate with the State Ethics Commission under this |
9 | subsection. A person who relies in good faith on the list |
10 | published by the State Ethics Commission shall not be subject |
11 | to any penalty for a violation of subsection (a). |
12 | Section 14.1. Sections 1513(c) and 1514 heading, (b), (f), |
13 | (g) and (h) of Title 4 are amended to read: |
14 | § 1513. Political influence. |
15 | * * * |
16 | (c) Penalties.-- |
17 | (1) The first violation of this section by a licensed |
18 | gaming entity or any person that holds a controlling interest |
19 | in such gaming entity, or a subsidiary company thereof, [and] |
20 | or any officer, director or management-level employee of such |
21 | licensee shall be punishable by a fine [of] equal to an |
22 | amount not less than [an] the average single day's gross |
23 | terminal revenue and gross table game revenue of the licensed |
24 | gaming entity [derived from the operation of slot machines in |
25 | this Commonwealth]; a second violation of this section, |
26 | within five years of the first violation, shall be punishable |
27 | by at least a one-day suspension of the license held by the |
28 | licensed gaming entity and a fine equal to an amount not less |
29 | than [an] two times the average [two days'] single day's |
30 | gross terminal revenue and gross table game revenue of the |
|
1 | licensed gaming entity; a third violation of this section |
2 | within five years of the second violation shall be punishable |
3 | by the immediate revocation of the license held by the |
4 | licensed gaming entity. Following revocation, the board shall |
5 | consider appointing a trustee in accordance with section 1332 |
6 | (relating to appointment of trustee). |
7 | (2) The first violation of this section by a |
8 | manufacturer or supplier licensed pursuant to this part or by |
9 | any person that holds a controlling interest in such |
10 | manufacturer or supplier, or a subsidiary company thereof, |
11 | [and] or any officer, director or management-level employee |
12 | of such a licensee shall be punishable by a fine [of] equal |
13 | to an amount not less than [one] a single day's average of |
14 | the gross profit from sales made by the manufacturer or |
15 | supplier in Pennsylvania during the preceding 12-month period |
16 | or portion thereof in the event the manufacturer or supplier |
17 | has not operated in Pennsylvania for 12 months; a [second] |
18 | subsequent violation of this section within five years of |
19 | [the first] a prior violation shall be punishable by a one- |
20 | month suspension of the license held by the manufacturer or |
21 | supplier and a fine [of] equal to an amount not less than two |
22 | times [one] a single day's average of the gross profit from |
23 | sales made by the manufacturer or supplier in Pennsylvania |
24 | during the preceding 12-month period or portion thereof in |
25 | the event the manufacturer or supplier has not operated in |
26 | Pennsylvania for 12 months. |
27 | (3) In no event shall the fine imposed under this |
28 | section be [in] an amount less than [$50,000] $100,000 for |
29 | each violation. In addition to any fine or sanction that may |
30 | be imposed by the board under this subsection, any [person] |
|
1 | individual who makes a contribution in violation of this |
2 | section commits a misdemeanor of the third degree. |
3 | * * * |
4 | § 1514. Regulation requiring exclusion or ejection of certain |
5 | persons. |
6 | * * * |
7 | (b) Categories to be defined.--The board shall promulgate |
8 | definitions establishing those categories of persons who shall |
9 | be excluded or ejected pursuant to this section, including |
10 | cheats and persons whose privileges for licensure, |
11 | certification, permit or registration have been revoked. |
12 | * * * |
13 | (f) Notice.--Whenever the [board places] bureau seeks to |
14 | place the name of any person on a list pursuant to this section, |
15 | the [board] bureau shall serve notice of this fact to such |
16 | person by personal service or certified mail at the last known |
17 | address of the person. The notice shall inform the individual of |
18 | the right to request a hearing under subsection (g). |
19 | (g) Hearing.--Within 30 days after receipt of notice in |
20 | accordance with subsection (f), the person named for exclusion |
21 | or ejection may demand a hearing before the board, at which |
22 | hearing the [board] bureau shall have the affirmative obligation |
23 | to demonstrate that the person named for exclusion or ejection |
24 | satisfies the criteria for exclusion or ejection established by |
25 | this section and the board's regulations. Failure of the person |
26 | to demand a hearing within 30 days after service shall be deemed |
27 | an admission of all matters and facts alleged in the [board's] |
28 | bureau's notice and shall preclude [a] the person from having an |
29 | administrative hearing, but shall in no way affect the right to |
30 | judicial review as provided in this section. |
|
1 | (h) Review.--If, upon completion of a hearing on the notice |
2 | of exclusion or ejection, the board determines that placement of |
3 | the name of the person on the exclusion or ejection list is |
4 | appropriate, the board shall make and enter an order to that |
5 | effect, which order shall be served on all [slot machine |
6 | licensees] licensed gaming entities. The order shall be subject |
7 | to review by the Commonwealth Court in accordance with the rules |
8 | of court. |
9 | Section 14.2. Title 4 is amended by adding a section to |
10 | read: |
11 | § 1516.1. Prosecutorial and adjudicatory functions. |
12 | The board shall promulgate regulations and adopt procedures |
13 | necessary to ensure that the bureau is a distinct entity and to |
14 | prevent commingling of the investigatory and prosecutorial |
15 | functions of the bureau under section 1517 (relating to |
16 | investigations and enforcement) and the adjudicatory functions |
17 | of the board. Regulations and procedures promulgated or adopted |
18 | under this section shall do all of the following: |
19 | (1) Provide that neither the executive director nor the |
20 | chief counsel of the board shall direct or limit the scope of |
21 | a background investigation conducted by the bureau. |
22 | (2) Incorporate section 1202.1(c.1) (relating to code of |
23 | conduct) and any other applicable provisions of section |
24 | 1202.1. |
25 | Section 15. Section 1517(a.1)(2) and (6), (b)(1), (c)(12) |
26 | and (e)(1) of Title 4 are amended, subsection (a.2)(1) is |
27 | amended by adding a subparagraph and subsection (c) is amended |
28 | by adding paragraphs to read: |
29 | § 1517. Investigations and enforcement. |
30 | * * * |
|
1 | (a.1) Powers and duties of bureau.--The Bureau of |
2 | Investigations and Enforcement shall have the following powers |
3 | and duties: |
4 | * * * |
5 | (2) Investigate and review all applicants for a license, |
6 | permit or registration. The bureau shall be prohibited from |
7 | disclosing any portion of a background investigation report |
8 | to any board member prior to the submission of the bureau's |
9 | final background investigation report relating to the |
10 | applicant's suitability for licensure to the board. The |
11 | Office of Enforcement Counsel, on behalf of the bureau, shall |
12 | prepare the final background investigation report for |
13 | inclusion in a final report relating to the applicant's |
14 | suitability for licensure. |
15 | * * * |
16 | (6) Conduct [audits] reviews of a licensed entity as |
17 | necessary to ensure compliance with this part. [An audit] A |
18 | review may include the review of accounting, administrative |
19 | and financial records, management control systems, procedures |
20 | and other records utilized by a licensed entity. |
21 | * * * |
22 | (a.2) Office of Enforcement Counsel.-- |
23 | (1) There is established within the bureau an Office of |
24 | Enforcement Counsel which shall act as the prosecutor in all |
25 | noncriminal enforcement actions initiated by the bureau under |
26 | this part and shall have the following powers and duties: |
27 | * * * |
28 | (iv) Petition the board for the appointment of a |
29 | trustee under section 1332 (relating to appointment of |
30 | trustee). |
|
1 | * * * |
2 | (b) Powers and duties of department.-- |
3 | (1) The department shall at all times have the power of |
4 | access to [examination] examine and audit [of any] equipment |
5 | and records relating to all aspects of the operation of slot |
6 | machines or table games under this part. |
7 | * * * |
8 | (c) Powers and duties of the Pennsylvania State Police.--The |
9 | Pennsylvania State Police shall have the following powers and |
10 | duties: |
11 | * * * |
12 | (1.1) Promptly conduct a background investigation on an |
13 | individual selected by the board to fill the position of |
14 | executive director of the board, director of the bureau, |
15 | chief counsel of the board or the director of the Office of |
16 | Enforcement Counsel and submit the results to the board. |
17 | * * * |
18 | (12) Conduct audits or verification of information of |
19 | slot machine or table game operations at such times, under |
20 | such circumstances and to such extent as the bureau |
21 | determines. This paragraph includes reviews of accounting, |
22 | administrative and financial records and management control |
23 | systems, procedures and records utilized by a slot machine |
24 | licensee. |
25 | * * * |
26 | (14) By March 1 of each year, the Commissioner of the |
27 | Pennsylvania State Police shall submit a report to the |
28 | Appropriations Committee of the Senate, the Community, |
29 | Economic and Recreational Development Committee of the |
30 | Senate, the Appropriations Committee of the House of |
|
1 | Representatives and the Gaming Oversight Committee of the |
2 | House of Representatives. The report shall summarize all law |
3 | enforcement activities at each licensed facility during the |
4 | previous calendar year and shall include all of the |
5 | following: |
6 | (i) The number of arrests made and citations issued |
7 | at each licensed facility and the name of the law |
8 | enforcement agency making the arrest or issuing the |
9 | citation. |
10 | (ii) A list of specific offenses charged for each |
11 | arrest made or citation issued. |
12 | (iii) The number of criminal prosecutions resulting |
13 | from arrests made or citations issued. |
14 | (iv) The number of convictions resulting from |
15 | prosecutions reported under subparagraph (iii). |
16 | (v) The number of Pennsylvania State Police troopers |
17 | assigned to each licensed facility and to the gaming unit |
18 | at the Pennsylvania State Police headquarters. |
19 | (vi) The number and the subject matter of complaints |
20 | made against Pennsylvania State Police troopers in |
21 | licensed facilities and the type of disciplinary actions |
22 | taken by the Pennsylvania State Police, if any, against |
23 | the Pennsylvania State Police troopers. |
24 | (vii) The closest local police station, Pennsylvania |
25 | State Police station and regional Pennsylvania State |
26 | Police headquarters to each licensed facility. |
27 | * * * |
28 | (e) Inspection, seizure and warrants.-- |
29 | (1) The bureau, the department and the Pennsylvania |
30 | State Police shall have the authority without notice and |
|
1 | without warrant to do all of the following in the performance |
2 | of their duties: |
3 | (i) Inspect and examine all premises where slot |
4 | machine or table game operations are conducted, [gaming |
5 | devices or] slot machines, table game devices and |
6 | associated equipment are manufactured, sold, distributed |
7 | or serviced or where records of these activities are |
8 | prepared or maintained. |
9 | (ii) Inspect all equipment and supplies in, about, |
10 | upon or around premises referred to in subparagraph (i). |
11 | (iii) Seize, summarily remove and impound equipment |
12 | and supplies from premises referred to in subparagraph |
13 | (i) for the purposes of examination and inspection. |
14 | (iv) Inspect, examine and audit all books, records |
15 | and documents pertaining to a slot machine licensee's |
16 | operation. |
17 | (v) Seize, impound or assume physical control of any |
18 | book, record, ledger, game, device, cash box and its |
19 | contents, [counting] count room or its equipment or slot |
20 | machine or table game operations. |
21 | * * * |
22 | Section 16. Section 1517.2 of Title 4 is amended to read: |
23 | § 1517.2. Conduct of [public officials and] board employees. |
24 | (a) [Ex parte discussion prohibited.--An attorney |
25 | representing the bureau or the Office of Enforcement Counsel, or |
26 | an employee of the bureau or office involved in the hearing |
27 | process, shall not discuss the case ex parte with a hearing |
28 | officer, chief counsel or member] (Reserved). |
29 | (b) [Other prohibitions.--A hearing officer, the chief |
30 | counsel or a member shall not discuss or exercise any |
|
1 | supervisory responsibility over any employee with respect to an |
2 | enforcement hearing with which the employee is involved] |
3 | (Reserved). |
4 | (c) Disqualification.--If it becomes necessary for the chief |
5 | counsel or a member to become involved on behalf of the board in |
6 | any enforcement proceeding, the chief counsel or the member |
7 | shall be prohibited from participating in the adjudication of |
8 | that matter and shall designate appropriate individuals to |
9 | exercise adjudicatory functions. |
10 | Section 16.1. Section 1518(a)(2), (3), (4), (5), (7), (8), |
11 | (11) and (13), (b)(1) and (2) and (c)(1)(v) and (3) of Title 4 |
12 | are amended, subsections (a) and (b) are amended by adding |
13 | paragraphs and the section is amended by adding subsections to |
14 | read: |
15 | § 1518. Prohibited acts; penalties. |
16 | (a) Criminal offenses.-- |
17 | * * * |
18 | (2) It shall be unlawful for a person to willfully: |
19 | (i) fail to report, pay or truthfully account for |
20 | and pay over any license fee, authorization fee, tax or |
21 | assessment imposed under this part; or |
22 | (ii) attempt in any manner to evade or defeat any |
23 | license fee, authorization fee, tax or assessment imposed |
24 | under this part. |
25 | (3) It shall be unlawful for any licensed entity, gaming |
26 | employee, key employee or any other person to permit a slot |
27 | machine, table game or table game device to be operated, |
28 | transported, repaired or opened on the premises of a licensed |
29 | facility by a person other than a person licensed or |
30 | permitted by the board pursuant to this part. |
|
1 | (4) It shall be unlawful for any licensed entity or |
2 | other person to manufacture, supply or place slot machines, |
3 | table games, table game devices or associated equipment into |
4 | play or display slot machines, table games, table game |
5 | devices or associated equipment on the [premise] premises of |
6 | a licensed facility without the authority of the board. |
7 | (5) Except as provided for in section 1326 (relating to |
8 | license renewals), it shall be unlawful for a licensed entity |
9 | or other person to manufacture, supply, operate, carry on or |
10 | expose for play any slot machine, table game, table game |
11 | device or associated equipment after the person's license has |
12 | expired and prior to the actual renewal of the license. |
13 | * * * |
14 | (7) (i) Except as set forth in subparagraph (ii), it |
15 | shall be unlawful for an individual to use or possess a |
16 | cheating or thieving device, counterfeit or altered |
17 | billet, ticket, token or similar objects accepted by a |
18 | slot machine or counterfeit or altered slot machine- |
19 | issued tickets or vouchers at a licensed facility. |
20 | (ii) An authorized employee of a licensee or an |
21 | employee of the board may possess and use a cheating or |
22 | thieving device, counterfeit or altered billet, ticket, |
23 | token or similar objects accepted by a slot machine or |
24 | counterfeit or altered slot machine-issued tickets or |
25 | vouchers in performance of the duties of employment. |
26 | [(iii) As used in this paragraph, the term "cheating |
27 | or thieving device" includes, but is not limited to, a |
28 | device to facilitate the alignment of any winning |
29 | combination or to remove from any slot machine money or |
30 | other contents. The term includes, but is not limited to, |
|
1 | a tool, drill, wire, coin or token attached to a string |
2 | or wire and any electronic or magnetic device.] |
3 | (7.1) It shall be unlawful for an individual to do any |
4 | of the following: |
5 | (i) Use or possess counterfeit, marked, loaded or |
6 | tampered with table game devices or associated equipment, |
7 | chips or other cheating devices in the conduct of gaming |
8 | under this part, except that an authorized employee of a |
9 | licensee or an authorized employee of the board may |
10 | possess and use counterfeit chips or table game devices |
11 | or associated equipment that have been marked, loaded or |
12 | tampered with, or other cheating devices in performance |
13 | of the duties of employment for training, investigative |
14 | or testing purposes only. |
15 | (ii) Knowingly, by a trick or sleight of hand |
16 | performance or by fraud or fraudulent scheme, table game |
17 | device or other device, for himself or for another, win |
18 | or attempt to win any cash, property or prize at a |
19 | licensed facility or to reduce or attempt to reduce a |
20 | losing wager. |
21 | (8) (i) Except as set forth in subparagraph (ii), it |
22 | shall be unlawful for an individual to knowingly possess |
23 | or use while on the premises of a licensed facility a key |
24 | or device designed for the purpose of and suitable for |
25 | opening or entering any slot machine, drop box or coin |
26 | box which is located on the premises of the licensed |
27 | facility. |
28 | (ii) An authorized employee of a licensee or a |
29 | member of the board may possess and use a device referred |
30 | to in subparagraph (i) in the performance of the duties |
|
1 | of employment. |
2 | * * * |
3 | (11) It shall be unlawful for a licensed gaming entity |
4 | that is a licensed racing entity and that has lost the |
5 | license issued to it by either the State Horse Racing |
6 | Commission or the State Harness Racing Commission under the |
7 | Race Horse Industry Reform Act or that has had that license |
8 | suspended to operate slot machines or table games at the |
9 | racetrack for which its slot machine license was issued |
10 | unless the license issued to it by either the State Horse |
11 | Racing Commission or the State Harness Racing Commission will |
12 | be subsequently reissued or reinstated within 30 days after |
13 | the loss or suspension. |
14 | * * * |
15 | (13) It shall be unlawful for [any person] an individual |
16 | under [18] 21 years of age to [be permitted in the] enter and |
17 | remain in any area of a licensed facility where slot machines |
18 | are operated or the play of table games is conducted, except |
19 | that an individual 18 years of age or older employed by a |
20 | slot machine licensee, a gaming service provider, the board | <-- |
21 | or any other regulatory agency may enter and remain in any |
22 | such area while engaged in the performance of the | <-- |
23 | individual's employment duties being performed on behalf of | <-- |
24 | the slot machine licensee. |
25 | (13.1) It shall be unlawful for an individual under 21 |
26 | years of age to wager, play or attempt to play a slot machine |
27 | or table game at a licensed facility. |
28 | (14) (Reserved). |
29 | (15) It shall be unlawful for a licensed gaming entity |
30 | to require a wager to be greater than the stated minimum |
|
1 | wager or less than the stated maximum wager. However, a wager |
2 | made by a player and not rejected by a licensed gaming entity |
3 | prior to commencement of play shall be treated as a valid |
4 | wager. A wager accepted by a dealer shall be paid or lost in |
5 | its entirety in accordance with the rules of the game, |
6 | notwithstanding that the wager exceeded the current table |
7 | maximum wager or was lower than the current table minimum |
8 | wager. |
9 | (16) An individual that engages in conduct prohibited by |
10 | 18 Pa.C.S. § 6308 (relating to purchase, consumption, |
11 | possession or transfer of liquor or malt or brewed beverages) |
12 | in a licensed facility commits a nongambling offense. |
13 | (17) It shall be unlawful for an individual to claim, |
14 | collect or take, or attempt to claim, collect or take, money |
15 | or anything of value in or from a slot machine, gaming table |
16 | or other table game device, with the intent to defraud, or to |
17 | claim, collect or take an amount greater than the amount won, |
18 | or to manipulate with the intent to cheat, any component of |
19 | any slot machine, table game or table game device in a manner |
20 | contrary to the designed and normal operational purpose. |
21 | (b) Criminal penalties and fines.-- |
22 | (1) (i) A person that commits a first offense in |
23 | violation of 18 Pa.C.S. § 4902, 4903 or 4904 in |
24 | connection with providing information or making any |
25 | statement, whether written or oral, to the board, the |
26 | bureau, the department, the Pennsylvania State Police, |
27 | the Office of Attorney General or a district attorney as |
28 | required by this part commits an offense to be graded in |
29 | accordance with the applicable section violated. A person |
30 | that is convicted of a second or subsequent violation of |
|
1 | 18 Pa.C.S. § 4902, 4903 or 4904 in connection with |
2 | providing information or making any statement, whether |
3 | written or oral, to the board, the bureau, the |
4 | department, the Pennsylvania State Police, the Office of |
5 | Attorney General or a district attorney as required by |
6 | this part commits a felony of the second degree. |
7 | (ii) A person that violates subsection (a)(2) |
8 | through (12) or (17) commits a misdemeanor of the first |
9 | degree. A person that is convicted of a second or |
10 | subsequent violation of subsection (a)(2) through (12) or |
11 | (17) commits a felony of the second degree. |
12 | (2) (i) For a first violation of subsection (a)(1) |
13 | through (12) or (17), a person shall be sentenced to pay |
14 | a fine of: |
15 | (A) not less than $75,000 nor more than $150,000 |
16 | if the person is an individual; |
17 | (B) not less than $300,000 nor more than |
18 | $600,000 if the person is a licensed gaming entity; |
19 | or |
20 | (C) not less than $150,000 nor more than |
21 | $300,000 if the person is a licensed manufacturer or |
22 | supplier. |
23 | (ii) For a second or subsequent violation of |
24 | subsection (a)(1) through (12) or (17), a person shall be |
25 | sentenced to pay a fine of: |
26 | (A) not less than $150,000 nor more than |
27 | $300,000 if the person is an individual; |
28 | (B) not less than $600,000 nor more than |
29 | $1,200,000 if the person is a licensed gaming entity; |
30 | or |
|
1 | (C) not less than $300,000 nor more than |
2 | $600,000 if the person is a licensed manufacturer or |
3 | supplier. |
4 | (3) An individual who commits an offense in violation of |
5 | subsection (a)(13) or (13.1) commits a nongambling summary |
6 | offense and upon conviction of a first offense shall be |
7 | sentenced to pay a fine of not less than $200 nor more than |
8 | $1,000. An individual that is convicted of a second or |
9 | subsequent offense under subsection (a)(13) or (13.1) shall |
10 | be sentenced to pay a fine of not less than $500 nor more |
11 | than $1,500. In addition to the fine imposed, an individual |
12 | convicted of an offense under subsection (a)(13) or (13.1) |
13 | may be sentenced to perform a period of community service not |
14 | to exceed 40 hours. |
15 | (4) An individual that commits an offense in violation |
16 | of subsection (a)(16) commits a nongambling offense to be |
17 | graded in accordance with 18 Pa.C.S. § 6308 and shall be |
18 | subject to the same penalties imposed pursuant to 18 Pa.C.S. |
19 | § 6308 and 6310.4 (relating to restriction of operating |
20 | privileges) except that the fine imposed for a violation of |
21 | subsection (a)(16) shall be not less than $350 nor more than |
22 | $1,000. |
23 | (c) Board-imposed administrative sanctions.-- |
24 | (1) In addition to any other penalty authorized by law, |
25 | the board may impose without limitation the following |
26 | sanctions upon any licensee or permittee: |
27 | * * * |
28 | (v) Suspend the license of any licensed gaming |
29 | entity for violation of or attempting to violate any |
30 | provisions of this part or regulations promulgated under |
|
1 | this part relating to its slot machine or table game |
2 | operations. |
3 | * * * |
4 | (3) In addition to any other fines or penalties that the |
5 | board may impose under this part or regulation, if a person |
6 | violates subsection (a)(2), the board shall impose an |
7 | administrative penalty of three times the amount of the |
8 | license fee, authorization fee, tax or other assessment |
9 | evaded and not paid, collected or paid over. This subsection |
10 | is subject to 2 Pa.C.S. Chs. 5 Subch. A and 7 Subch. A. |
11 | (d) Aiding and abetting.--A person who aids, abets, |
12 | counsels, commands, induces, procures or causes another person |
13 | to violate a provision of this part shall be subject to all |
14 | sanctions and penalties, both civil and criminal, provided under |
15 | this part. |
16 | (e) Continuing offenses.--A violation of this part that is |
17 | determined to be an offense of a continuing nature shall be |
18 | deemed to be a separate offense on each event or day during |
19 | which the violation occurs. Nothing in this section shall be |
20 | construed to preclude the commission of multiple violations of |
21 | the provisions of this part in any one day that establish |
22 | offenses consisting of separate and distinct acts or violations |
23 | of the provisions of this part or regulations promulgated under |
24 | this part. |
25 | (f) Property subject to seizure, confiscation, destruction |
26 | or forfeiture.--Any equipment, device or apparatus, money, |
27 | material, gaming proceeds or substituted proceeds or real or |
28 | personal property used, obtained or received or any attempt to |
29 | use, obtain or receive the device, apparatus, money, material, |
30 | proceeds or real or personal property in violation of this part, |
|
1 | shall be subject to seizure, confiscation, destruction or |
2 | forfeiture. |
3 | Section 17. Title 4 is amended by adding sections to read: |
4 | § 1518.1. Report of suspicious transactions. |
5 | (a) Duty.--A slot machine licensee or a person acting on |
6 | behalf of a slot machine licensee shall file a report of any |
7 | suspicious transaction with the bureau. The filing with the |
8 | bureau of a copy of a report made under 31 CFR 103.21 (relating |
9 | to reports by casinos of suspicious transactions) shall satisfy |
10 | this requirement. |
11 | (b) Failure to report.-- |
12 | (1) A person required under this section to file a |
13 | report of a suspicious transaction who knowingly fails to |
14 | file a report of a suspicious transaction or who knowingly |
15 | causes another person having that responsibility to fail to |
16 | file a report commits a misdemeanor of the third degree. |
17 | (2) A person required under this section to file a |
18 | report of a suspicious transaction who fails to file a report |
19 | or a person who causes another person required under this |
20 | section to file a report of a suspicious transaction to fail |
21 | to file a report shall be strictly liable for his actions and |
22 | may be subject to sanction under section 1518(c) (relating to |
23 | prohibited acts; penalties). |
24 | (c) Bureau.--The bureau shall maintain a record of all |
25 | reports made under this section for a period of five years. The |
26 | bureau shall make the reports available to any Federal or State |
27 | law enforcement agency upon written request and without |
28 | necessity of subpoena. |
29 | (d) Notice prohibited.--A person who is required to file a |
30 | report of a suspicious transaction under this section shall not |
|
1 | notify any individual suspected of committing the suspicious |
2 | transaction that the transaction has been reported. Any person |
3 | that violates this subsection commits a misdemeanor of the third |
4 | degree and may be subject to sanction under section 1518(c). |
5 | (e) Immunity.--A person who is required to file a report of |
6 | a suspicious transaction under this section who in good faith |
7 | makes the report shall not be liable in any civil action brought |
8 | by any person for making the report, regardless of whether the |
9 | transaction is later determined to be suspicious. |
10 | (f) Sanctions.-- |
11 | (1) In considering appropriate administrative sanctions |
12 | against any person for a violation of this section, the board |
13 | shall consider all of the following: |
14 | (i) The risk to the public and to the integrity of |
15 | gaming operations created by the conduct of the person. |
16 | (ii) The seriousness of the conduct of the person |
17 | and whether the conduct was purposeful and with knowledge |
18 | that it was in contravention of the provisions of this |
19 | part or regulations promulgated under this part. |
20 | (iii) Any justification or excuse for the conduct by |
21 | the person. |
22 | (iv) The prior history of the particular licensee or |
23 | person involved with respect to gaming activity. |
24 | (v) The corrective action taken by the slot machine |
25 | licensee to prevent future misconduct of a like nature |
26 | from occurring. |
27 | (vi) In the case of a monetary penalty, the amount |
28 | of the penalty in relation to the severity of the |
29 | misconduct and the financial means of the licensee or |
30 | person. The board may impose any schedule or terms of |
|
1 | payment of such penalty as it may deem appropriate. |
2 | (2) It shall be no defense to disciplinary action before |
3 | the board that a person inadvertently, unintentionally or |
4 | unknowingly violated a provision of this section. The factors |
5 | under paragraph (1) shall only go to the degree of the |
6 | penalty to be imposed by the board and not to a finding of a |
7 | violation itself. |
8 | (g) Regulations.--The board shall promulgate regulations to |
9 | effectuate the purposes of this section. |
10 | § 1518.2. Additional authority. |
11 | (a) General rule.--The director of the Office of Enforcement |
12 | Counsel within the bureau may petition a court of record having |
13 | jurisdiction over information in the possession of an agency in |
14 | this Commonwealth, or if there is no such court, then the |
15 | Commonwealth Court for authorization to review or obtain |
16 | information in the possession of an agency in this Commonwealth |
17 | by averring specific facts demonstrating that the agency has in |
18 | its possession information material to a pending investigation |
19 | or inquiry being conducted by the bureau pursuant to this part |
20 | and that disclosure or release is in the best interest of the |
21 | Commonwealth. The petition shall request that the court enter a |
22 | rule upon the agency to show cause why the agency should not be |
23 | directed to disclose to the bureau, or identified agents |
24 | thereof, information in its possession about any pending matter |
25 | under the jurisdiction of the bureau pursuant to this part. If a |
26 | respondent is a local agency, a copy of any rule issued pursuant |
27 | to this section shall be provided to the district attorney of |
28 | the county in which the local agency is located and the Office |
29 | of Attorney General. Upon request of a local agency, the |
30 | district attorney or the Attorney General may elect to enter an |
|
1 | appearance to represent the local agency in the proceedings. |
2 | (b) Procedure.--The filing of a petition pursuant to this |
3 | section and related proceedings shall be in accordance with |
4 | court rule, including issuance as of course. A party shall not |
5 | disclose the filing of a petition or answer or the receipt, |
6 | content or disposition of a rule or order issued pursuant to |
7 | this section without leave of court. Any party to the |
8 | proceedings may request that the record be sealed and |
9 | proceedings be closed. The court shall grant the request if it |
10 | is in the best interest of any person or the Commonwealth to do |
11 | so. |
12 | (c) Court determination.--Following review of the record, |
13 | the court shall grant the relief sought by the director of the |
14 | Office of Enforcement Counsel if the court determines that the |
15 | agency has in its possession information material to the |
16 | investigation or inquiry and that disclosure or release of the |
17 | information is in the best interest of the Commonwealth, that |
18 | the disclosure or release of the information is not otherwise |
19 | prohibited by statute or regulation and that the disclosure or |
20 | release of the information would not inhibit an agency in the |
21 | performance of the agency's duties. If the court so determines, |
22 | the court shall enter an order authorizing and directing the |
23 | information be made available for review in camera. |
24 | (d) Release of materials or information.--If, after an in |
25 | camera review by the court, the director of the Office of |
26 | Enforcement Counsel seeks to obtain copies of materials in the |
27 | agency's possession, the court may, if not otherwise prohibited |
28 | by statute or regulation, enter an order that the requested |
29 | materials be provided. Any order authorizing the release of |
30 | materials or other information shall contain direction regarding |
|
1 | the safekeeping and use of the materials or other information |
2 | sufficient to satisfy the court that the materials or |
3 | information will be sufficiently safeguarded. In making this |
4 | determination the court shall consider the input of the agency |
5 | in possession of the information and any input from any agency |
6 | with which the information originated concerning any pending |
7 | investigation or ongoing matter and the safety of person and |
8 | property. |
9 | (e) Modification of order.--If subsequent investigation or |
10 | inquiry by the bureau warrants modification of any order entered |
11 | pursuant to this section, the director of the Office of |
12 | Enforcement Counsel may petition to request the modification. |
13 | Upon such request, the court may modify its orders at any time |
14 | and in any manner it deems necessary and appropriate. The agency |
15 | named in the original petition shall be given notice and an |
16 | opportunity to be heard. |
17 | (f) Use of information or materials.--Any person who, by any |
18 | means authorized by this section, has obtained knowledge of |
19 | information or materials solely pursuant to this section may use |
20 | such information or materials in a manner consistent with any |
21 | directions imposed by the court and appropriate to the proper |
22 | performance of the person's official duties under this part. |
23 | (g) Violation.--In addition to any remedies and penalties |
24 | provided in this part, any violation of the provisions of this |
25 | section may be punished as contempt of the court. |
26 | (h) Definition.--As used in this section the term "agency" |
27 | shall mean a "Commonwealth agency" or a "local agency" as those |
28 | terms are defined in section 102 of the act of February 14, 2008 |
29 | (P.L.6, No.3), known as the Right-to-Know Law. |
30 | § 1518.3. Applicability of Clean Indoor Air Act. |
|
1 | Notwithstanding section 11(b) of the act of June 13, 2008 |
2 | (P.L.182, No.27), known as the Clean Indoor Air Act, the |
3 | provisions of section 3(b)(11) of the Clean Indoor Air Act shall |
4 | apply to all licensed facilities. |
5 | Section 17.1. Section 1521 of Title 4 is amended by adding a |
6 | subsection to read: |
7 | § 1521. Liquor licenses at licensed facilities. |
8 | * * * |
9 | (b.1) Liquor Code sanctions.--Notwithstanding any other |
10 | provision of law, a person holding a slot machine license that |
11 | also holds a license issued by the Pennsylvania Liquor Control |
12 | Board shall not be subject to the provisions of section 471(c) |
13 | of the Liquor Code. In addition, if a fine is imposed under |
14 | section 471(b) of the Liquor Code, it shall be for not less than |
15 | $250 nor more than $25,000. The prior citation history of the |
16 | slot machine licensee shall be considered in determining the |
17 | amount of the fine. |
18 | * * * |
19 | Section 18. Section 1522 of Title 4 is amended to read: |
20 | § 1522. Interception of oral communications. |
21 | The interception and recording of oral communications made in |
22 | a [counting] count room of a licensed facility by a licensee |
23 | shall not be subject to the provisions of 18 Pa.C.S. Ch. 57 |
24 | (relating to wiretapping and electronic surveillance). Notice |
25 | that oral communications are being intercepted and recorded |
26 | shall be posted conspicuously in the [counting] count room. |
27 | Section 18.1. Title 4 is amended by adding a section to |
28 | read: |
29 | § 1523. Electronic funds transfer terminals. |
30 | (a) Prohibition.--A slot machine licensee may not install, |
|
1 | own or operate or allow another person to install, own or |
2 | operate on the premises of the licensed facility a slot machine |
3 | or table game that is played with a device that allows a player |
4 | to operate the slot machine or table game by transferring funds |
5 | electronically from a debit card, credit card or by means of an |
6 | electronic funds transfer terminal. |
7 | (b) Definitions.--As used in this section, the following |
8 | words and phrases shall have the meanings given to them in this |
9 | subsection unless the context clearly indicates otherwise: |
10 | "Electronic funds transfer terminal." An information- |
11 | processing device or an automatic teller machine used for |
12 | executing deposit account transactions between financial |
13 | institutions and their account holders by either the direct |
14 | transmission of electronic impulses or the recording of |
15 | electronic impulses for delayed processing. The fact that a |
16 | device is used for other purposes shall not prevent it from |
17 | being considered an electronic funds transfer terminal under |
18 | this definition. |
19 | Section 18.2. Title 4 is amended by adding chapters to read: |
20 | Chapter 16 |
21 | JUNKETS |
22 | Sec. |
23 | 1601. Gaming junkets authorized. |
24 | 1602. Gaming junket enterprise license. |
25 | 1603. Classification system. |
26 | 1604. Gaming junket representatives. |
27 | 1605. Junket agreements. |
28 | 1606. Conduct of junket. |
29 | 1607. Violation of terms. |
30 | 1608. Records. |
|
1 | 1609. Report. |
2 | 1610. Gaming junket arrangement. |
3 | 1611. Prohibitions. |
4 | § 1601. Gaming junkets authorized. |
5 | The board may authorize the organization and conduct of |
6 | gaming junkets subject to the provisions of this chapter. No |
7 | gaming junket shall be organized or permitted to operate in this |
8 | Commonwealth and no person shall act as a gaming junket |
9 | representative or gaming junket enterprise except in accordance |
10 | with this chapter. The board shall establish a reasonable |
11 | application and authorization fee for any license, permit or |
12 | other authorization issued under this chapter. |
13 | § 1602. Gaming junket enterprise license. |
14 | (a) Gaming junket enterprise license required.--All gaming |
15 | junket enterprises shall obtain a license from the board prior |
16 | to acting as a gaming junket enterprise in this Commonwealth. |
17 | (b) Application.-–A gaming junket enterprise license |
18 | application shall be in a form prescribed by the board and shall |
19 | include the following: |
20 | (1) The name, address and photograph of the applicant |
21 | and all owners, directors, managers and supervisory employees |
22 | of a gaming junket enterprise. |
23 | (2) The details of a gaming junket enterprise license or |
24 | similar license applied for or granted or denied to the |
25 | applicant by another jurisdiction. |
26 | (3) Consent for the bureau to conduct a background |
27 | investigation, the scope of which shall be determined by the |
28 | board. |
29 | (4) All releases necessary for the bureau and the board |
30 | to acquire licensing documents and other information |
|
1 | necessary to conduct a background investigation or otherwise |
2 | evaluate the application. |
3 | (5) A list of all civil judgments obtained against the |
4 | applicant pertaining to any gaming junket enterprise with |
5 | which the applicant has been associated. |
6 | (6) A description of the operation and organization of |
7 | the gaming junket enterprise. |
8 | (7) Any additional information required by the board. |
9 | (c) Enforcement information.-–If the applicant has held a |
10 | gaming junket license or other gaming license in another |
11 | jurisdiction, the applicant may submit a letter of reference |
12 | from the gaming enforcement agency in the other jurisdiction. |
13 | The letter shall specify the experiences of the agency with the |
14 | applicant, the applicant's associates and the applicant's gaming |
15 | junket enterprise or gaming activity. If no letter is received |
16 | within 30 days following the applicant's request, the applicant |
17 | may submit a statement under oath, subject to the penalty for |
18 | false swearing under 18 Pa.C.S. § 4903 (relating to false |
19 | swearing), that the applicant is in good standing with the |
20 | gaming enforcement agency in the other jurisdiction. |
21 | (d) Issuance.-–Following review of the application, |
22 | completion of the background investigation and payment of the |
23 | license fee established by the board under section 1601(a) |
24 | (relating to gaming junkets authorized), the board may issue a |
25 | gaming junket enterprise license to the applicant if the |
26 | applicant has proven by clear and convincing evidence that the |
27 | applicant is a person of good character, honesty and integrity |
28 | and that the applicant's activities, criminal record, |
29 | reputation, habits and associations do not pose a threat to the |
30 | public interest or suitable or legitimate operation of gaming. |
|
1 | (e) Failure to cooperate.-–Failure to provide required |
2 | information or releases under this section shall result in the |
3 | immediate denial of an application for a license. |
4 | (f) Nontransferability.-–A license issued under this section |
5 | shall be nontransferable. |
6 | § 1603. Classification system. |
7 | The board shall develop a classification system for the |
8 | regulation of gaming junket enterprises and the individuals and |
9 | entities associated with gaming junket enterprises. |
10 | § 1604. Gaming junket representatives. |
11 | (a) Occupation permit.-–Except as otherwise provided in |
12 | subsection (e), a gaming junket representative shall obtain an |
13 | occupation permit from the board in accordance with section 1318 |
14 | (relating to occupation permit application). |
15 | (b) Application.-–In addition to the requirements of section |
16 | 1308 (relating to applications for license or permit), the |
17 | application for a gaming junket representative occupation permit |
18 | shall be in a form prescribed by the board and shall include the |
19 | following: |
20 | (1) Verification of employment status as a gaming junket |
21 | representative with a licensed gaming junket enterprise or an |
22 | applicant for a gaming junket enterprise license. |
23 | (2) A description of employment responsibilities. |
24 | (3) A consent form to allow the bureau to conduct a |
25 | background investigation, the scope of which shall be |
26 | determined by the board. |
27 | (4) A release for the bureau and the board to acquire |
28 | copies of information from government agencies, employers and |
29 | others as necessary to complete the investigation. |
30 | (5) Fingerprints which shall be submitted to the |
|
1 | Pennsylvania State Police. |
2 | (6) A photograph that meets the standards of the |
3 | Commonwealth Photo Imaging Network. |
4 | (7) Details relating to a similar license, permit or |
5 | other authorization obtained in another jurisdiction, if any. |
6 | (8) Any additional information required by the board. |
7 | (c) Issuance.-–Following review of the application, |
8 | background investigation and payment of the permit fee |
9 | established by the board under section 1601(a) (relating to |
10 | gaming junkets authorized), the board may issue an occupation |
11 | permit if the applicant has proven by clear and convincing |
12 | evidence that the applicant is a person of good character, |
13 | honesty and integrity and is eligible and suitable to receive an |
14 | occupation permit. |
15 | (d) Nontransferability.-–An occupation permit issued under |
16 | this section shall be nontransferable. |
17 | (e) Holder of occupation permit.–-Nothing in this section |
18 | shall be construed to prohibit an individual who holds a valid |
19 | occupation permit and who is employed by a slot machine licensee |
20 | from acting as a junket representative. A gaming junket |
21 | representative need not be a resident of this Commonwealth. |
22 | § 1605. Junket agreements. |
23 | Agreements entered into between a slot machine licensee and a |
24 | gaming junket enterprise or a gaming junket representative shall |
25 | include a provision for the termination of the agreement without |
26 | liability on the part of the slot machine licensee if: |
27 | (1) The board orders the suspension, limitation, |
28 | conditioning, denial or revocation of the license of a gaming |
29 | junket representative license or occupation permit of a |
30 | gaming junket representative. |
|
1 | (2) The board disapproves the agreement and requires its |
2 | termination. |
3 | Failure to expressly include the termination requirement under |
4 | this section in the agreement shall not constitute a defense in |
5 | an action brought relating to the termination of the agreement. |
6 | § 1606. Conduct of junket. |
7 | A slot machine licensee shall be responsible for the conduct |
8 | of a gaming junket representative or gaming junket enterprise |
9 | with which the slot machine licensee has an agreement and for |
10 | the terms and conditions of a gaming junket on its premises. |
11 | § 1607. Violation of terms. |
12 | Notwithstanding any other provision of this part, if the |
13 | board determines that the terms of an agreement to conduct a |
14 | gaming junket were violated by a slot machine licensee, gaming |
15 | junket enterprise or gaming junket representative, the board may |
16 | do any or all of the following: |
17 | (1) Order restitution to the gaming junket participant. |
18 | (2) Assess civil penalties or sanctions under section |
19 | 1518 (relating to prohibited acts; penalties) for a violation |
20 | or deviation from the terms of the junket agreement. |
21 | § 1608. Records. |
22 | The board shall prescribe procedures and forms to retain |
23 | records relating to the conduct of a gaming junket by a slot |
24 | machine licensee. A slot machine licensee shall: |
25 | (1) Maintain a current report of the operations of |
26 | gaming junkets conducted at its licensed facility. |
27 | (2) Submit to the board and the bureau a list of all its |
28 | employees who conduct business on behalf of the slot machine |
29 | licensee with gaming junket representatives on a full-time, |
30 | part-time or temporary basis. |
|
1 | (3) Maintain records of all agreements entered into with |
2 | a gaming junket enterprise or gaming junket representative |
3 | for a minimum of five years. |
4 | (4) Provide any other information relating to a gaming |
5 | junket required by the board or bureau. |
6 | § 1609. Report. |
7 | A slot machine licensee, gaming junket representative or |
8 | gaming junket enterprise shall file a report with the bureau on |
9 | each list of gaming junket participants or potential gaming |
10 | junket participants purchased by the slot machine licensee, |
11 | gaming junket representative or gaming junket enterprise. The |
12 | report shall include the source of the list and zip codes of |
13 | participants or potential participants on a list purchased |
14 | directly or indirectly by a slot machine licensee, gaming junket |
15 | representative or gaming junket enterprise. Nothing in this |
16 | section shall require the reporting or maintenance of personal |
17 | identifying information pertaining to participants or potential |
18 | participants. |
19 | § 1610. Gaming junket arrangement. |
20 | Upon petition by a slot machine licensee, the board may grant |
21 | an exemption from the permit requirements of this chapter to a |
22 | gaming junket representative. The board shall consult with the |
23 | bureau prior to granting an exemption under this section and |
24 | shall consider the following: |
25 | (1) The terms of the gaming junket arrangement. |
26 | (2) The number and scope of gaming junkets. |
27 | (3) Whether the exemption is consistent with the |
28 | policies and purposes of this part. |
29 | (4) Any other factor deemed necessary by the bureau or |
30 | board. |
|
1 | The board may condition, limit or restrict the exemption. |
2 | § 1611. Prohibitions. |
3 | A gaming junket enterprise or gaming junket representative |
4 | shall not do any of the following: |
5 | (1) Engage in efforts to collect on any check provided |
6 | by a gaming junket participant that has been returned by a |
7 | financial institution without payment. |
8 | (2) Exercise approval authority over the authorization |
9 | or issuance of credit under section 1326A (relating to cash |
10 | equivalents). |
11 | (3) Receive or retain a fee from an individual for the |
12 | privilege of participating in a gaming junket. |
13 | (4) Pay for any service, including transportation, or |
14 | other thing of value provided to a participant participating |
15 | in a gaming junket except as authorized by this part. |
16 | CHAPTER 17 |
17 | GAMING SCHOOLS |
18 | Sec. |
19 | 1701. Curriculum. |
20 | 1701.1. (Reserved). |
21 | 1702. Gaming school gaming equipment. |
22 | § 1701. Curriculum. |
23 | The Department of Labor and Industry, in consultation with |
24 | the Department of Education and the board, shall, within 60 days |
25 | following the effective date of this section, develop curriculum |
26 | guidelines, including minimum proficiency requirements |
27 | established by the board, for gaming school instruction. The |
28 | guidelines shall, at a minimum, establish courses of instruction |
29 | that will provide individuals with adequate job training |
30 | necessary to obtain employment as a gaming employee with a |
|
1 | licensed gaming entity. |
2 | § 1701.1. (Reserved). |
3 | § 1702. Gaming school gaming equipment. |
4 | (a) Use of gaming equipment.--All gaming equipment utilized |
5 | by a gaming school, including slot machines, table game devices, |
6 | associated equipment and all representations of value, shall be |
7 | used for training, instructional and practice purposes only. The |
8 | use of any such gaming equipment for actual gaming by any person |
9 | is prohibited. |
10 | (b) Chips.--Unless the board otherwise determines, all |
11 | gaming chips and other representations of value utilized by a |
12 | gaming school shall be distinctly dissimilar to any chips |
13 | utilized by a slot machine licensee. |
14 | (c) Possession, removal and transport of equipment.--No |
15 | gaming school shall possess, remove or transport, or cause to be |
16 | removed or transported, any slot machine, table game device or |
17 | associated equipment except in accordance with this part. |
18 | (d) Serial numbers.--Each slot machine, table game device |
19 | and associated equipment on the premises of a gaming school |
20 | shall have permanently affixed on it a serial number which, |
21 | together with the location of the machine or table game device, |
22 | shall be filed with the board. |
23 | (e) Security.--Each gaming school shall provide adequate |
24 | security for the slot machines, table games, table game devices |
25 | and associated equipment on the gaming school premises. |
26 | (f) Notice to board and bureau.--No gaming school shall sell |
27 | or transfer any slot machine, table game, table game device or |
28 | associated equipment except upon prior written notice to the |
29 | board and the bureau. |
30 | (g) Additional training.--Each individual attending gaming |
|
1 | school shall be trained in cardiopulmonary resuscitation. |
2 | Section 18.3. Section 1901(a) of Title 4 is amended to read: |
3 | § 1901. Appropriations. |
4 | (a) Appropriation to board.-- |
5 | (1) The sum of $7,500,000 is hereby appropriated to the |
6 | Pennsylvania Gaming Control Board for the fiscal period July |
7 | 1, 2004, to June 30, 2006, to implement and administer the |
8 | provisions of this part. The money appropriated in this |
9 | subsection shall be considered a loan from the General Fund |
10 | and shall be repaid to the General Fund quarterly commencing |
11 | with the date slot machine licensees begin operating slot |
12 | machines under this part. This appropriation shall be a two- |
13 | year appropriation and shall not lapse until June 30, 2006. |
14 | (2) The sum of $2,100,000 is hereby appropriated from |
15 | the State Gaming Fund to the Pennsylvania Gaming Control |
16 | Board for salaries, wages and all necessary expenses for the |
17 | proper operation and administration of the Pennsylvania |
18 | Gaming Control Board for the expansion of gaming associated |
19 | with table games. This appropriation shall be a supplemental |
20 | appropriation for fiscal year 2009-2010 and shall be in |
21 | addition to the appropriation contained in the act of August |
22 | 19, 2009 (P.L. , No.9A), known as the Gaming Control |
23 | Appropriation Act of 2009. |
24 | * * * |
25 | Section 18.4. Section 1513(b) of Title 64 is amended to | <-- |
26 | read: |
27 | § 1513. Powers. |
28 | * * * |
29 | (b) Duties.--The authority shall do all of the following: |
30 | (1) Administer the programs established in Subchapter E |
|
1 | in accordance with this chapter. |
2 | (2) Fund the programs established in Subchapter E and 12 |
3 | Pa.C.S. Ch. 29 (relating to machinery and equipment loans) |
4 | subject to Subchapter D (relating to funds, accounts, |
5 | indebtedness and use). |
6 | (3) Establish accounts, administer and distribute the |
7 | funds deposited into such accounts and perform all other |
8 | duties required of the authority under 4 Pa.C.S. Part II |
9 | (relating to gaming). |
10 | Section 18.4. Title 4 is amended by adding a section to | <-- |
11 | read: |
12 | § 1901.2. Commonwealth Financing Authority. |
13 | The Commonwealth Financing Authority shall establish |
14 | accounts, administer and distribute the funds deposited into the |
15 | accounts and perform all other duties of the Commonwealth |
16 | Financing Authority required under this part. |
17 | Section 19. No later than 90 days after the effective date |
18 | of this section, the Pennsylvania Gaming Control Board shall |
19 | transfer the sum of $12,500,000 from the amounts previously |
20 | appropriated to the Pennsylvania Gaming Control Board pursuant |
21 | to 4 Pa.C.S. § 1408 to the General Fund. |
22 | Section 19.1. No later than ten business days after the |
23 | effective date of this section, the Department of Revenue shall |
24 | pay to each Category 1 and Category 2 slot machine licensee from |
25 | its existing account established under 4 Pa.C.S. § 1401(a) an |
26 | amount sufficient to bring the balance in the account to |
27 | $1,500,000. |
28 | Section 19.2. (Reserved). The Pennsylvania Gaming Control | <-- |
29 | Board shall accept and consider additional applications for a |
30 | Category 3 license established under 4 Pa.C.S. § 1305 if the |
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1 | license has not been approved by the board on the effective date |
2 | of this section. An applicant that filed an application for a |
3 | Category 3 license prior to the effective date of this section |
4 | shall not be required to resubmit the application. The |
5 | additional applications shall be submitted to the board within |
6 | 90 days of the effective date of this section. This section |
7 | shall supersede any prior application period established under 4 |
8 | Pa.C.S. Pt. II. |
9 | Section 19.3. The provisions of this act are severable. If |
10 | any provision of this act or its application to any person or |
11 | circumstance is held invalid, the invalidity shall not affect |
12 | other provisions or applications of this act which can be given |
13 | effect without the invalid provision or application. |
14 | Section 19.4. The amendment of 4 Pa.C.S. § 1201(h)(13) |
15 | 1201(h)(13)(i) shall not apply to individuals employed on the | <-- |
16 | effective date of this section by the Pennsylvania Gaming |
17 | Control Board until July 1, 2010. |
18 | Section 19.5. Repeals are as follows: |
19 | (1) The General Assembly declares that the repeal under |
20 | paragraph (2) is necessary to effectuate the amendment or |
21 | addition of 4 Pa.C.S. §§ 1407(d)(7) and (d.1) and 64 Pa.C.S. | <-- |
22 | § 1513(b)(3) 1901.2. | <-- |
23 | (2) The following provisions of the act of July 25, 2007 |
24 | (P.L.342, No.53), known as the Pennsylvania Gaming Economic |
25 | Development and Tourism Fund Capital Budget Itemization Act |
26 | of 2007, are repealed to the extent specified: |
27 | (i) Section 3(2)(i)(G), absolutely. |
28 | (ii) Section 4(7), absolutely. |
29 | (iii) Section 5, insofar as inconsistent with this |
30 | act. |
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1 | Section 20. The following shall apply: |
2 | (1) The amendment of 4 Pa.C.S. § 1213 shall not apply to |
3 | any of the following: |
4 | (i) An application submitted before the effective |
5 | date of this section. |
6 | (ii) Any license or permit issued prior to the |
7 | effective date of this section. |
8 | (iii) The renewal of any license or permit issued or |
9 | applied for prior to the effective date of this section. |
10 | (2) The amendment of 4 Pa.C.S. § 1202(a)(2) and the |
11 | addition of 4 Pa.C.S. § 1517(c)(1.1) shall not apply to an |
12 | individual: |
13 | (i) who, on July 1, 2009, was serving officially or |
14 | acting as Executive Director of the Pennsylvania Gaming |
15 | Control Board, Chief Counsel of the board, or the |
16 | Director of the Office of Enforcement Counsel within the |
17 | Bureau of Investigations and Enforcement; and |
18 | (ii) on whom the bureau or the Pennsylvania State |
19 | Police completed a background investigation as a |
20 | condition of employment with the board. |
21 | (3) The amendment or addition of 4 Pa.C.S. § 1201(h) |
22 | (4.1) and (5) shall not apply to: |
23 | (i) an individual appointed to the Pennsylvania |
24 | Gaming Control Board before July 1, 2010; or |
25 | (ii) an individual under subparagraph (i) who is |
26 | reappointed to the Pennsylvania Gaming Control Board. |
27 | Section 21. This act shall take effect as follows: |
28 | (1) The following provisions shall take effect July 1, |
29 | 2010 2011: | <-- |
30 | (i) The amendment of 4 Pa.C.S. § 1407. |
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1 | (ii) Section 19.5 of this act. |
2 | (2) The remainder of this act shall take effect |
3 | immediately. |
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