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A10942
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1887
Session of
2015
INTRODUCED BY ORTITAY, BAKER, V. BROWN, D. COSTA, ENGLISH,
PHILLIPS-HILL, JOZWIAK, KAUFER, KAUFFMAN, KLUNK, KOTIK,
MILLARD, MURT, NEILSON, O'BRIEN, QUIGLEY, RADER, SAYLOR,
STAATS, THOMAS, WARD, ROZZI, KORTZ, D. PARKER AND MICCARELLI,
MARCH 10, 2016
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MAY 24, 2016
AN ACT
Amending Title 4 (Amusements) of the Pennsylvania Consolidated
Statutes, in licensees, providing for slot machine license
operation fee; in table games, further providing for local
share assessment; in revenues, further providing for
establishment of State Gaming Fund and net slot machine
revenue distribution; and, in administration and enforcement
relating to gaming, further providing for compulsive and
problem gambling program; and making a related repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1509 of Title 4 of the Pennsylvania
Consolidated Statutes is amended to read:
Section 1. Title 4 of the Pennsylvania Consolidated Statutes
is amended by adding a section to read:
§ 1326.1. Slot machine license operation fee.
(a) Imposition.--Beginning January 1, 2017, the board shall
impose an annual slot machine license operation fee on each
Category 1 and Category 2 licensed gaming entity, other than a
Category 1 or Category 2 licensed gaming entity operating in a
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county of the first class, in an amount equal to 20% of the slot
machine license fee paid at the time of issuance under section
1209(a) (relating to slot machine license fee). The slot machine
license operation fee shall be paid by each Category 1 and
Category 2 licensed gaming entity, other than a Category 1 or
Category 2 licensed gaming entity operating in a county of the
first class, in equal installments on a monthly basis.
(b) Payment of fee.--The slot machine license operation fee
imposed under subsection (a) shall be paid on or before the
first day of each month.
(c) Failure to pay.--The board may at the board's discretion
suspend, revoke or deny any permit or license issued under this
part if a Category 1 or Category 2 licensed gaming entity fails
to pay the slot machine license operation fee imposed under
subsection (a).
(d) Deposit of slot machine license operation fee.--The
total amount of all license operation fees imposed and collected
by the board under this section shall be deposited in the fund
and shall be appropriated to the department on a continuing
basis for the purposes under section 1403(c)(3) (relating to
establishment of State Gaming Fund and net slot machine revenue
distribution).
(e) Expiration.--This section shall expire May 1, 2017.
Section 2. Section 13A63(b)(3)(iii)(A) and (C) of Title 4
are amended to read:
§ 13A63. Local share assessment.
* * *
(b) Distributions to counties.--The department shall make
quarterly distributions from the local share assessments
deposited into the fund under subsection (a) to counties,
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including home rule counties, hosting a licensed facility
authorized to conduct table games under this chapter in
accordance with the following:
* * *
(3) If the facility is a Category 2 licensed facility
and if the county in which the licensed facility is located
is:
* * *
(iii) A county of the third class where a city of
the third class hosting the licensed facility is located
in two counties of the third class: 50% of the licensed
facility's local share assessment shall be distributed as
follows:
(A) Sixty percent to the county in which the
licensed facility is located, which shall be
deposited into a restricted receipts account to be
established in the Commonwealth Financing Authority
to be used exclusively for economic development
projects, community improvement projects and other
projects in the public interest within the county.
* * *
(C) Twenty percent to the nonhost county in
which the host city is located, of which 50% shall be
deposited into a restricted receipts account to be
established in the Commonwealth Financing Authority
to be used [solely] exclusively for grants to
municipalities [that are contiguous to the host city]
within the nonhost county for economic development
projects, community improvement projects and other
projects in the public interest.
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* * *
Section 3. Sections 1403 and 1509 of Title 4 are amended to
read:
§ 1403. Establishment of State Gaming Fund and net slot machine
revenue distribution.
(a) Fund established.--There is hereby established the State
Gaming Fund within the State Treasury.
(b) Slot machine tax.--The department shall determine and
each slot machine licensee shall pay a daily tax of 34% from its
daily gross terminal revenue from the slot machines in operation
at its facility and a local share assessment as provided in
subsection (c). All funds owed to the Commonwealth, a county or
a municipality under this section shall be held in trust by the
licensed gaming entity for the Commonwealth, the county and the
municipality until the funds are paid or transferred to the
fund. Unless otherwise agreed to by the board, a licensed gaming
entity shall establish a separate bank account to maintain
gross terminal revenue until such time as the funds are paid or
transferred under this section. Moneys in the fund are hereby
appropriated to the department on a continuing basis for the
purposes set forth in subsection (c).
(c) Transfers and distributions.--The department shall:
(1) Transfer the slot machine tax and assessment imposed
in subsection (b) to the fund.
(2) From the local share assessment established in
subsection (b), make quarterly distributions among the
counties hosting a licensed facility in accordance with the
following schedule:
(i) If the licensed facility is a Category 1
licensed facility that is located at a harness racetrack
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and the county, including a home rule county, in which
the licensed facility is located is:
(A) A county of the first class: 4% of the
gross terminal revenue to the county hosting the
licensed facility from each such licensed facility.
Notwithstanding any other provision to the contrary,
funds from licensed gaming entities located within a
county of the first class shall not be distributed
outside of a county of the first class.
(B) A county of the second class: 2% of the
gross terminal revenue to the county hosting the
licensed facility from each such licensed facility.
(C) A county of the second class A: 1% of the
gross terminal revenue to the county hosting the
licensed facility from each such licensed facility.
An additional 1% of the gross terminal revenue to the
county hosting the licensed facility from each such
licensed facility for the purpose of municipal grants
within the county in which the licensee is located.
(D) (I) A county of the third class: Except as
provided in subclause (II), 2% of the gross
terminal revenue from each such licensed facility
shall be deposited into a restricted receipts
account to be established in the Commonwealth
Financing Authority to be used exclusively for
grants for projects in the public interest to
municipalities within the county where the
licensed facility is located.
(I.1) Priority shall be given to multiyear
projects approved or awarded by the Department of
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Community and Economic Development under
subclause (I) on or before the effective date of
this subclause.
(I.2) In addition to municipalities that are
eligible to receive grant funding under subclause
(I), a county redevelopment authority within the
county shall also be eligible to receive grant
funding to be used exclusively for economic
development projects or infrastructure. A county
redevelopment authority shall not be eligible to
receive more than 10% of the total grant funds
awarded.
(I.3) Notwithstanding the act of February 9,
1999 (P.L.1, No.1), known as the Capital
Facilities Debt Enabling Act, grants made under
subclause (I) may be utilized as local matching
funds for other grants or loans from the
Commonwealth.
(II) If a licensed facility is located in
one of two counties of the third class where a
city of the third class is located in both
counties of the third class, the county in which
the licensed facility is located shall receive
1.2% of the gross terminal revenue to be
distributed as follows: 20% to the host city,
30% to the host county and 50% to the host county
for the purpose of making municipal grants within
the county, with priority given to municipalities
contiguous to the host city. The county of the
third class, which includes a city of the third
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class that is located in two counties of the
third class and is not the host county for the
licensed facility, shall receive .8% of the gross
terminal revenue to be distributed as follows:
60% to a nonhost city of the third class located
solely in the nonhost county in which the host
city of the third class is also located or 60% to
the nonhost city of the third class located both
in the host and nonhost counties of the third
class, 35% to the nonhost county and 5% to the
nonhost county for the purpose of making
municipal grants within the county.
(E) A county of the fourth class: 2% of the
gross terminal revenue from each such licensed
facility shall be distributed as follows:
(I) The department shall make distributions
directly to each municipality within the county,
except the host municipality, by using a formula
equal to the sum of $25,000 plus $10 per resident
of the municipality using the most recent
population figures provided by the Department of
Community and Economic Development, provided,
however, that the amount so distributed to any
municipality shall not exceed 50% of its total
budget for fiscal year 2009 or 2013, whichever is
greater, adjusted for inflation in subsequent
fiscal years by an amount not to exceed an annual
cost-of-living adjustment calculated by applying
any upward percentage change in the Consumer
Price Index immediately prior to the date the
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adjustment is due to take effect. Distributions
to a municipality in accordance with this
subclause shall be deposited into a special fund
which shall be established by the municipality.
The governing body of the municipality shall have
the right to draw upon the special fund for any
lawful purpose provided that the municipality
identifies the fund as the source of the
expenditure. Each municipality shall annually
submit a report to the Department of Community
and Economic Development detailing the amount and
purpose of each expenditure made from the special
fund during the prior fiscal year.
(II) Any funds not distributed under
subclause (I) shall be deposited into a
restricted receipts account established in the
Department of Community and Economic Development
to be used exclusively for grants to the county,
to economic development authorities or
redevelopment authorities within the county for
grants for economic development projects,
infrastructure projects, job training, community
improvement projects, other projects in the
public interest, and necessary and reasonable
administrative costs. Notwithstanding the
provisions of the act of February 9, 1999 (P.L.1,
No.1), known as the Capital Facilities Debt
Enabling Act, grants made under this clause may
be utilized as local matching funds for other
grants or loans from the Commonwealth.
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(F) Counties of the fifth through eighth
classes:
(I) Except as set forth in subclause (II),
2% of the gross terminal revenue from each such
licensed facility shall be deposited into a
restricted account established in the Department
of Community and Economic Development to be used
exclusively for grants to the county.
(II) If the licensed facility is located in
a second class township in a county of the fifth
class, 2% of the gross terminal revenue from the
licensed facility shall be distributed as
follows:
(a) 1% shall be deposited into a
restricted receipts account to be established
in the Commonwealth Financing Authority to be
used exclusively for grants for projects in
the public interest to municipalities within
the county where the licensed facility is
located.
(b) 1% shall be distributed to the county
for projects in the public interest in the
county.
(G) Any county not specifically enumerated in
clauses (A) through (F), 2% of the gross terminal
revenue to the county hosting the licensed facility
from each such licensed facility.
(ii) If the licensed facility is a Category 1
licensed facility and is located at a thoroughbred
racetrack and the county in which the licensed facility
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is located is:
(A) A county of the first class: 4% of the
gross terminal revenue to the county hosting the
licensed facility from each such licensed facility.
Notwithstanding any other provision to the contrary,
funds from licensed gaming entities located within
the county of the first class shall not be
distributed outside of a county of the first class.
(B) A county of the second class: 2% of the
gross terminal revenue to the county hosting the
licensed facility from each such licensed facility.
(C) A county of the second class A: 1% of the
gross terminal revenue to the county hosting the
licensed facility from each such licensed facility.
An additional 1% of the gross terminal revenue to the
county hosting the licensed facility from each such
licensed facility for the purpose of municipal grants
within the county in which the licensee is located.
(D) A county of the third class: 1% of the
gross terminal revenue to the county hosting the
licensed facility from each such licensed facility.
An additional 1% of the gross terminal revenue to the
county hosting the licensed facility from each such
licensed facility for the purpose of municipal grants
within the county in which the licensee is located.
(E) A county of the fourth class: 2% of the
gross terminal revenue from each such licensed
facility shall be deposited into a restricted account
established in the Department of Community and
Economic Development to be used exclusively for
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grants to the county, to economic development
authorities or redevelopment authorities within the
county for grants for economic development projects,
community improvement projects, job training, other
projects in the public interest and reasonable
administrative costs. Notwithstanding the Capital
Facilities Debt Enabling Act, grants made under this
clause may be utilized as local matching funds for
other grants or loans from the Commonwealth.
(F) Counties of the fifth through eighth
classes: 2% of the gross terminal revenue from each
such licensed facility shall be deposited into a
restricted account established in the Department of
Community and Economic Development to be used
exclusively for grants to the county.
(G) Any county not specifically enumerated in
clauses (A) through (F), 2% of the gross terminal
revenue to the county hosting the licensed facility
from each such licensed facility.
(iii) If the facility is a Category 2 licensed
facility and if the county in which the licensed facility
is located is:
(A) A county of the first class: 4% of the
gross terminal revenue to the county hosting the
licensed facility from each such licensed facility.
Notwithstanding any other provision to the contrary,
funds from licensed gaming entities located within a
county of the first class shall not be distributed
outside of a county of the first class. The first
$5,000,000 of the total amount distributed annually
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to the county of the first class shall be distributed
to the Philadelphia School District.
(B) A county of the second class: 2% of the
gross terminal revenue to the county hosting the
licensed facility from each such licensed facility.
(C) A county of the second class A: 1% of the
gross terminal revenue to the county hosting the
licensed facility from each such licensed facility.
An additional 1% of the gross terminal revenue to the
county hosting the licensed facility from each such
licensed facility for the purpose of municipal grants
within the county in which the licensee is located.
(D) A county of the third class: 1% of the
gross terminal revenue to the county hosting the
licensed facility from each such licensed facility.
An additional 1% of the gross terminal revenue to the
county hosting the licensed facility from each such
licensed facility for the purpose of municipal grants
within the county in which the licensee is located.
Notwithstanding the provisions of the Capital
Facilities Debt Enabling Act, grants made under this
clause may be utilized as local matching funds for
other grants or loans from the Commonwealth.
(D.1) If a licensed facility is located in one
of two counties of the third class where a city of
the third class is located in both counties of the
third class, the county in which the licensed
facility is located shall receive 1.2% of the gross
terminal revenue to be distributed as follows: 20%
to the host city, 30% to the host county and 50%,
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which shall be deposited into a restricted receipts
account to be established in the Commonwealth
Financing Authority to be used exclusively for
economic development projects, community improvement
projects and other projects in the public interest
within the county, to the host county [for the
purpose of making municipal grants within the
county], with priority given to municipalities
contiguous to the host city. The county of the third
class, which includes a city of the third class that
is located in two counties of the third class and is
not the host county for the licensed facility, shall
receive .8% of the gross terminal revenue to be
distributed as follows: 60% to a nonhost city of the
third class located solely in the nonhost county in
which the host city of the third class is also
located or 60% to the nonhost city of the third class
located both in the host and nonhost counties of the
third class, 35% to the nonhost county and 5%, which
shall be deposited into a restricted receipts account
to be established in the Commonwealth Financing
Authority to be used exclusively for economic
development projects, community improvement projects
and other projects in the public interest within the
county, to the nonhost county [for the purpose of
making municipal grants within the county].
(E) A county of the fourth class: 2% of the
gross terminal revenue from each such licensed
facility shall be deposited into a restricted account
established in the Department of Community and
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Economic Development to be used exclusively for
grants to the county, to economic development
authorities or redevelopment authorities within the
county for grants for economic development projects,
community improvement projects, job training, other
projects in the public interest and reasonable
administrative costs. Notwithstanding the Capital
Facilities Debt Enabling Act, grants made under this
clause may be utilized as local matching funds for
other grants or loans from the Commonwealth.
(F) Counties of the fifth class: 2% of the
gross terminal revenue from each such licensed
facility shall be deposited and distributed as
follows:
(I) One percent to be distributed as
follows:
(a) Beginning in 2010, the sum of
$2,400,000 annually for a period of 20 years
to the county for purposes of funding debt
service related to the construction of a
community college campus located within the
county.
(b) Any funds not distributed under
subclause (a) shall be deposited into a
restricted receipts account to be established
in the Commonwealth Financing Authority to be
used exclusively for grants within the county
for economic development projects, road
projects located within a 20-mile radius of
the licensed facility and located within the
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county, community improvement projects and
other projects in the public interest within
the county. The amount under this subclause
includes reasonable administrative costs.
(II) One percent shall be deposited into a
restricted receipts account to be established in
the Commonwealth Financing Authority to be used
exclusively for grants within contiguous counties
for economic development projects, community
improvement projects and other projects in the
public interest within contiguous counties. The
amount under this subclause includes reasonable
administrative costs. A contiguous county that
hosts a Category 1 licensed facility shall be
ineligible to receive grants under this
subclause.
(II.1) Priority shall be given to multiyear
projects approved or awarded by the Department of
Community and Economic Development under
subclause (I)(b) or (II) on or before the
effective date of this subclause.
(III) Fifty percent of any revenue required
to be transferred under paragraph (3)(v) shall be
deposited into the restricted receipts account
established under subclause (I)(b), and 50% shall
be deposited into the restricted receipts account
established under subclause (II). Notwithstanding
the Capital Facilities Debt Enabling Act, grants
made under this clause may be utilized as local
matching funds for other grants or loans from the
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Commonwealth.
(G) Any county not specifically enumerated in
clauses (A) through (F), 2% of the gross terminal
revenue to the county hosting the licensed facility
from each such licensed facility.
(iv) (A) Except as provided in clause (B) or (C),
if the facility is a Category 3 licensed facility, 2%
of the gross terminal revenue from the licensed
facility shall be deposited into a restricted
receipts account established in the Department of
Community and Economic Development to be used
exclusively for grants to the county, to economic
development authorities or redevelopment authorities
within the county for grants for economic development
projects, community improvement projects and other
projects in the public interest.
(B) If the facility is a Category 3 licensed
facility located in a county of the second class A,
2% of the gross terminal revenue from the licensed
facility shall be deposited into a restricted
receipts account to be established in the
Commonwealth Financing Authority to be used
exclusively for grants or guarantees for projects in
the host county that qualify under 64 Pa.C.S. §§ 1551
(relating to Business in Our Sites Program), 1556
(relating to Tax Increment Financing Guarantee
Program) and 1558 (relating to Water Supply and
Wastewater Infrastructure Program).
(C) If the facility is a Category 3 licensed
facility located in a county of the fifth class that
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is contiguous to a county of the seventh class, 2% of
the gross terminal revenue from the licensed facility
shall be deposited into a restricted receipts account
to be established in the Commonwealth Financing
Authority to be used exclusively for grants within
the county for economic development projects,
infrastructure projects, community improvement
projects and other projects in the public interest
within the county and for infrastructure projects
within a 20-mile radius of the licensed facility in a
contiguous county of the seventh class.
(v) Unless otherwise specified, for the purposes of
this paragraph money designated for municipal grants
within a county, other than a county of the first class,
in which a licensed facility is located shall be used to
fund grants to the municipality in which the licensed
facility is located, to the county in which the licensed
facility is located and to the municipalities which are
contiguous to the municipality in which the licensed
facility is located and which are located within the
county in which the licensed facility is located. Grants
shall be administered by the county through its economic
development or redevelopment authority in which the
licensed facility is located. Grants shall be used to
fund the costs of human services, infrastructure
improvements, facilities, emergency services, health and
public safety expenses associated with licensed facility
operations. If at the end of a fiscal year uncommitted
funds exist, the county shall pay to the economic
development or redevelopment authority of the county in
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which the licensed facility is located the uncommitted
funds.
(vi) If the licensed facility is located in more
than one county, the amount available shall be
distributed on a pro rata basis determined by the
percentage of acreage located in each county to the total
acreage of all counties occupied by the licensed
facility.
(vii) The distributions provided in this paragraph
shall be based upon county classifications in effect on
the effective date of this section. Any reclassification
of counties as a result of a Federal decennial census or
of a State statute shall not apply to this subparagraph.
(viii) If any provision of this paragraph is found
to be unenforceable for any reason, the distribution
provided for in the unenforceable provision shall be made
to the county in which the licensed facility is located
for the purposes of grants to municipalities in that
county, including municipal grants as specified in
subparagraph (v).
(ix) Nothing in this paragraph shall prevent any of
the above counties which directly receive a distribution
under this section from entering into intergovernmental
cooperative agreements with other jurisdictions for
sharing this money.
(3) From the local share assessment established in
subsection (b) and the slot machine operation fees imposed
under section 1326.1 (relating to slot machine license
operation fee) and deposited under section 1326.1(d), make
quarterly distributions among the municipalities, including
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home rule municipalities, hosting a licensed facility in
accordance with the following schedule:
(i) To a city of the second class hosting a licensed
facility, other than a Category 3 licensed facility, [2%
of the gross terminal revenue or] $10,000,000 annually[,
whichever is greater, shall be paid by each licensed
gaming entity operating a facility located in that city.
In the event that the revenues generated by the 2% do not
meet the $10,000,000 minimum specified in this
subparagraph, the department shall collect the remainder
of the minimum amount of $10,000,000 from each licensed
gaming entity operating a facility in the city and
deposit that amount in the city treasury] shall be
distributed to the city treasury.
(ii) To a city of the second class A hosting a
licensed facility, other than a Category 3 licensed
facility, [2% of the gross terminal revenue or
$10,000,000 annually, whichever is greater, shall be paid
by each licensed entity operating a licensed facility
located in that city] $10,000,000 annually shall be
distributed to the city, subject, however, to the
budgetary limitation in this subparagraph. The amount
allocated to the designated municipalities shall not
exceed 50% of their total budget for fiscal year 2003-
2004, adjusted for inflation in subsequent years by an
amount not to exceed an annual cost-of-living adjustment
calculated by applying the percentage change in the
Consumer Price Index immediately prior to the date the
adjustment is due to take effect. Any remaining moneys
shall be [collected by the department from each licensed
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gaming entity and] distributed in accordance with
paragraph (2) based upon the classification of county
where the licensed facility is located. [In the event
that the revenues generated by the 2% do not meet the
$10,000,000 minimum specified in this subparagraph, the
department shall collect the remainder of the minimum
amount of $10,000,000 from each licensed gaming entity
operating a facility in the city, pay any balance due to
the city and transfer any remainder in accordance with
paragraph (2).]
(iii) To a city of the third class hosting a
licensed facility, other than a Category 3 licensed
facility, [2% of the gross terminal revenue or
$10,000,000 annually, whichever is greater, shall be paid
by each licensed gaming entity operating a licensed
facility located in that city] $10,000,000 annually shall
be distributed to the city, subject, however, to the
budgetary limitation in this subparagraph. [In the event
that the city has a written agreement with a licensed
gaming entity executed prior to the effective date of
this part, the amount paid under the agreement to the
city shall be applied and credited to the difference
between 2% of the gross terminal revenue and the
$10,000,000 owed under this subparagraph if the 2% of the
gross terminal revenue is less than $10,000,000. If 2% of
the gross terminal revenue is greater than the
$10,000,000 required to be paid under this subparagraph,
the credit shall not apply. The amount of gross terminal
revenue required to be paid pursuant to the agreement
shall be deemed to be gross terminal revenue for purposes
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of this subparagraph.] The amount allocated to the
designated municipalities shall not exceed 50% of their
total budget for fiscal year 2003-2004, adjusted for
inflation in subsequent years by an amount not to exceed
an annual cost-of-living adjustment calculated by
applying the percentage change in the Consumer Price
Index immediately prior to the date the adjustment is due
to take effect. Any remaining moneys shall be [collected
by the department from each licensed gaming entity and]
distributed in accordance with paragraph (2) based upon
the classification of county where the licensed facility
is located. [In the event that the revenues generated by
the 2% do not meet the $10,000,000 minimum specified in
this subparagraph, the department shall collect the
remainder of the minimum amount of $10,000,000 from each
licensed gaming entity operating a facility, pay any
balance due to the city of the third class and transfer
any remainder in accordance with paragraph (2).]
(iii.1) If a licensed facility is located in a city
of the third class and the city is located in more than
one county of the third class, [2% of the gross terminal
revenue or $10,000,000 annually, whichever is greater,]
$10,000,000 annually shall be distributed as follows:
80% to the host city and 20% to the city of the third
class located solely in a nonhost county in which the
host city of the third class is also located. If a
licensed facility is located in a city of the third class
and that city is located solely in a host county of the
third class in which a nonhost city of the third class is
also located[, 2% of gross terminal revenue or
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$10,000,000 annually, whichever is greater], $10,000,000
annually shall be distributed as follows: 80% to the
host city and 20% to a city of the third class located
both in a nonhost county of the third class and in a host
county of the third class in which the host city of the
third class is located.
(iv) To a township of the first class hosting a
licensed facility, other than a Category 3 licensed
facility, [2% of the gross terminal revenue or
$10,000,000 annually, whichever is greater, shall be paid
by each licensed gaming entity operating a licensed
facility located in the township] $10,000,000 annually
shall be distributed to the township, subject, however,
to the budgetary limitation in this subparagraph. The
amount allocated to the designated municipalities shall
not exceed 50% of their total budget for fiscal year
2003-2004, adjusted for inflation in subsequent years by
an amount not to exceed an annual cost-of-living
adjustment calculated by applying the percentage change
in the Consumer Price Index immediately prior to the date
the adjustment is due to take effect. Any remaining money
shall be [collected by the department from each licensed
gaming entity and] distributed in accordance with
paragraph (2) based upon the classification of county
where the licensed facility is located. [In the event
that the revenues generated by the 2% do not meet the
$10,000,000 minimum specified in this subparagraph, the
department shall collect the remainder of the minimum
amount of $10,000,000 from each licensed gaming entity
operating a licensed facility in the township, pay any
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balance due to the township and transfer any remainder in
accordance with paragraph (2).]
(v) To a township of the second class hosting a
licensed facility:
(A) [2% of the gross terminal revenue or
$10,000,000 annually, whichever is greater, shall be
paid by each licensed gaming entity operating a
licensed facility, other than a Category 3 licensed
facility or a licensed facility owning land adjacent
to the licensed facility located in more than one
township of the second class,] $10,000,000 annually
shall be distributed to the township of the second
class hosting [the] a licensed facility, other than a
Category 3 licensed facility or a licensed facility
located in more than one township of the second
class, subject, however, to the budgetary limitation
in this subparagraph. The amount allocated to the
designated municipalities shall not exceed 50% of
their total budget for fiscal year 2003-2004,
adjusted for inflation in subsequent years by an
amount not to exceed an annual cost-of-living
adjustment calculated by applying the percentage
change in the Consumer Price Index immediately prior
to the date the adjustment is due to take effect. Any
remaining money shall be [collected by the department
from each licensed gaming entity and] distributed in
accordance with paragraph (2) based upon the
classification of county where the licensed facility
is located. [If revenues generated by the 2% do not
meet the $10,000,000 minimum specified in this
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subparagraph, the department shall collect the
remainder of the minimum amount of $10,000,000 from
each licensed gaming entity operating a licensed
facility in the township, pay any balance due to the
township and transfer any remainder in accordance
with paragraph (2).]
(B) [2% of the gross terminal revenue or
$10,000,000 annually, whichever is greater,]
$10,000,000 annually, less the amount paid under
clause (C), shall be [paid by each licensed gaming
entity operating a licensed facility and owning land
adjacent to the licensed facility located in more
than one township of the second class, other than a
Category 3 licensed facility,] distributed to the
township of the second class hosting [the] a licensed
facility which owns land adjacent to the licensed
facility located in more than one township of the
second class, other than a Category 3 licensed
facility, subject, however, to the budgetary
limitation in this subparagraph. The amount allocated
to the designated municipalities may not exceed 50%
of their total budget for the fiscal year 2003-2004,
adjusted for inflation in subsequent years by an
amount not to exceed an annual cost-of-living
adjustment calculated by applying the percentage
change in the Consumer Price Index immediately prior
to the date the adjustment is due to take effect. Any
remaining money shall be [collected by the department
from each licensed gaming entity and] distributed in
accordance with paragraph (2) based upon the
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classification of the county where the licensed
facility is located. The county commissioners of a
county of the third class in which the licensed
facility is located shall appoint an advisory
committee for the purpose of advising the county as
to the need for municipal grants for health, safety,
transportation and other projects in the public
interest to be comprised of two individuals from the
host municipality, two from contiguous municipalities
within the county of the third class and one from the
host county. [In the event that the revenues
generated by the 2% do not meet the $10,000,000
minimum specified in this subparagraph, the
department shall collect the remainder of the minimum
amount of $10,000,000 from each licensed gaming
entity operating a licensed facility in the township,
pay any balance due to the township and transfer any
remainder in accordance with paragraph (2).]
(C) [$160,000 annually shall be paid by each
licensed gaming entity operating a licensed facility
and owning land adjacent to the licensed facility
located in more than one township of the second
class, other than a Category 3 licensed facility, to
the township of the second class that is located in a
county of the fifth class in which the adjacent land
is located, including racetracks, grazing fields or
any other adjoining real property.] For land owned by
a licensed gaming entity, other than a Category 3
licensed facility, and located in more than one
township of the second class: $160,000 shall be
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distributed annually to the township of the second
class which is located in a county of the fifth class
if the land owned, including racetracks, grazing
fields and other adjoining real property, is adjacent
to the licensed facility.
(vi) To a borough hosting a licensed facility, other
than a Category 3 licensed facility, [2% of the gross
terminal revenue or $10,000,000 annually, whichever is
greater, shall be paid by each licensed gaming entity
operating a licensed facility located in that borough,]
$10,000,000 annually shall be distributed to the borough,
subject, however, to the budgetary limitation in this
subparagraph. The amount allocated to the designated
municipalities shall not exceed 50% of their total budget
for fiscal year 2003-2004, adjusted for inflation in
subsequent years by an amount not to exceed an annual
cost-of-living adjustment calculated by applying the
percentage change in the Consumer Price Index immediately
prior to the date the adjustment is due to take effect.
Any remaining money shall be [collected by the department
from each licensed gaming entity and] distributed in
accordance with paragraph (2) based upon the
classification of county where the licensed facility is
located. [In the event that the revenues generated by the
2% do not meet the $10,000,000 minimum specified in this
subparagraph, the department shall collect the remainder
of the minimum amount of $10,000,000 from each licensed
gaming entity operating a licensed facility in the
borough, pay any balance due to the borough and transfer
any remainder in accordance with paragraph (2).]
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(vii) To an incorporated town hosting a licensed
facility, other than a Category 3 licensed facility, [2%
of the gross terminal revenue or $10,000,000 annually,
whichever is greater, shall be paid by each licensed
entity operating a licensed facility located in the
town,] $10,000,000 annually shall be distributed to the
incorporated town, subject, however, to the budgetary
limitation in this subparagraph. The amount allocated to
the designated municipalities shall not exceed 50% of
their total budget for fiscal year 2003-2004, adjusted
for inflation in subsequent years by an amount not to
exceed an annual cost-of-living adjustment calculated by
applying the percentage change in the Consumer Price
Index immediately prior to the date the adjustment is due
to take effect. Any remaining money shall be [collected
by the department from each licensed gaming entity and]
distributed in accordance with paragraph (2) based upon
the classification of county where the licensed facility
is located. [In the event that the revenues generated by
the 2% do not meet the $10,000,000 minimum specified in
this subparagraph, the department shall collect the
remainder of the minimum amount of $10,000,000 from each
licensed gaming entity operating a licensed facility in
the incorporated town, pay any balance due to the town
and transfer any remainder in accordance with paragraph
(2).]
(viii) (A) Except as provided in clause (B) or (C),
to a municipality of any class hosting a Category 3
facility, 2% of the gross terminal revenue from the
Category 3 licensed facility located in the
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municipality, subject, however, to the budgetary
limitation in this clause. The amount allocated to
the designated municipalities shall not exceed 50% of
their total budget for fiscal year 2009, adjusted for
inflation in subsequent years by an amount not to
exceed an annual cost-of-living adjustment calculated
by applying the percentage change in the Consumer
Price Index immediately prior to the date the
adjustment is due to take effect. Any remaining money
shall be collected by the department from each
licensed gaming entity and distributed in accordance
with paragraph (2) based upon the classification of
county where the licensed facility is located.
(B) If the municipality hosting a Category 3
licensed facility is a borough located in a county of
the third class and the borough is contiguous to a
city of the third class, 1% of gross terminal revenue
shall be distributed to the host borough and 1% of
gross terminal revenue shall be distributed to the
city of the third class that is contiguous to the
host borough, subject, however, to the budgetary
limitation in this clause. The amount allocated to
each designated municipality shall not exceed 50% of
its total budget for fiscal year 2009, adjusted for
inflation in subsequent years by an amount not to
exceed an annual cost-of-living adjustment calculated
by applying the percentage increase, if any, in the
Consumer Price Index immediately prior to the date
the adjustment is due to take effect. Any remaining
money shall be collected by the department from each
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licensed gaming entity and distributed in accordance
with paragraph (2) based upon the classification of
county where the licensed facility is located.
(C) If the municipality hosting a Category 3
licensed facility is a township of the second class
in a county of the fifth class which is contiguous to
a county of the seventh class, 2% of the gross
terminal revenue from the Category 3 licensed
facility located in the municipality shall be
distributed to the municipality, subject, however, to
the budgetary limitation in this clause. The amount
allocated to the designated municipalities shall not
exceed the lesser of $1,000,000 or 50% of their total
budget for fiscal year 2009, adjusted for inflation
in subsequent years by an amount not to exceed an
annual cost-of-living adjustment calculated by
applying the percentage change in the Consumer Price
Index immediately prior to the date the adjustment is
due to take effect. Any remaining money shall be
collected by the department from each licensed gaming
entity and distributed in equal amounts to each
municipality contiguous to the host municipality.
However, the amount to be allocated to any contiguous
municipality shall not exceed the lesser of
$1,000,000 or 50% of the municipality's total budget
for fiscal year 2009, adjusted for inflation in
subsequent years by an amount not to exceed an annual
cost-of-living adjustment calculated by applying the
percentage change in the Consumer Price Index
immediately prior to the date the adjustment is due
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to take effect. Any money remaining following
distribution to contiguous municipalities shall be
collected by the department and distributed in
accordance with paragraph (2) based upon the
classification of county where the licensed facility
is located.
(ix) [Any municipality not specifically enumerated
in subparagraphs (i) through (viii),] To any
municipality, except for a city of the first class, not
specifically enumerated in subparagraphs (i) through
(viii) hosting a licensed facility, other than a Category
3 licensed facility, $10,000,000 annually shall be
distributed to the host municipality. To any municipality
not enumerated in subparagraphs (i) through (viii)
hosting a Category 3 licensed facility, 2% of the gross
terminal revenue to the municipality hosting the Category
3 licensed facility from each such Category 3 licensed
facility.
(x) If the licensed facility is located in more than
one municipality, the amount available shall be
distributed on a pro rata basis determined by the
percentage of acreage located in each municipality to the
total acreage of all municipalities occupied by the
licensed facility.
(xi) If the licensed facility is located at a resort
which is also an incorporated municipality, such
municipality shall not be eligible to receive any
distribution under this paragraph. The distribution it
would have otherwise been entitled to under this
paragraph shall instead be distributed in accordance with
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paragraph (2) based upon the county where the licensed
facility is located.
(xii) The distributions provided in this paragraph
shall be based upon municipal classifications in effect
on the effective date of this section. For the purposes
of this paragraph, any reclassification of municipalities
as a result of a Federal decennial census or of a State
statute shall not apply to this paragraph.
(xiii) If any provision of this paragraph is found
to be unenforceable for any reason, the distribution
provided for in such unenforceable provision shall be
made to the municipality in which the licensed facility
is located.
(xiv) Nothing in this paragraph shall prevent any of
the above municipalities from entering into
intergovernmental cooperative agreements with other
jurisdictions for sharing this money.
(xv) Notwithstanding any other law, agreement or
provision in this part to the contrary, all revenues
provided, directed or earmarked under this section to or
for the benefit of a city of the second class in which an
intergovernmental cooperation authority has been
established and is in existence pursuant to the act of
February 12, 2004 (P.L.73, No.11), known as the
Intergovernmental Cooperation Authority Act for Cities of
the Second Class, shall be directed to and under the
exclusive control of such intergovernmental cooperation
authority to be used:
(A) to reduce the debt of the second class city;
(B) to increase the level of funding of the
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municipal pension funds of the second class city; or
(C) for any other purposes as determined to be
in the best interest of the second class city by such
intergovernmental cooperation authority. Such
revenues shall not be directed to or under the
control of such city of the second class or any
coordinator appointed pursuant to the act of July 10,
1987 (P.L.246, No.47), known as the Municipalities
Financial Recovery Act, for such city of the second
class.
(d) Consumer Price Index.--For purposes of subsection (c),
references to the Consumer Price Index shall mean the Consumer
Price Index for All Urban Consumers for the Pennsylvania, New
Jersey, Delaware and Maryland area for the most recent 12-month
period for which figures have been officially reported by the
United States Department of Labor, Bureau of Labor Statistics.
(e) Reporting.--
(1) In cooperation with the department and the
Commonwealth Financing Authority, the Department of Community
and Economic Development shall submit an annual report on all
distributions of local share assessments and slot machine
license operation fees to counties and municipalities under
this section to the chairman and minority chairman of the
Appropriations Committee of the Senate, the chairman and
minority chairman of the Community, Economic and Recreational
Development Committee of the Senate, the chairman and
minority chairman of the Appropriations Committee of the
House of Representatives and the chairman and minority
chairman of the Gaming Oversight Committee of the House of
Representatives. The report shall be submitted by [August 31,
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2010] March 31, 2018, and by [August] March 31 of each year
thereafter.
(2) All counties and municipalities receiving
distributions of local share assessments or slot machine
license operation fees under this section shall submit
information to the Department of Community and Economic
Development on a form prepared by the Department of Community
and Economic Development that sets forth the amount and use
of the funds received in the prior calendar year. The form
shall set forth whether the funds received were deposited in
the county's or municipality's General Fund or committed to a
specific project or use.
(f) Prohibited activities.--
(1) A person or its affiliated entity or a political
subdivision shall not compensate or incur an obligation to
compensate a person to engage in lobbying for compensation
contingent in whole or in part upon the approval, award,
receipt or denial of funds under this section. A person or
its affiliated entity shall not engage in or agree to engage
in lobbying for compensation contingent in whole or in part
upon the approval, award, receipt or denial of funds under
this section. This subsection shall not apply to a county or
municipality that compensates a person to prepare a grant
application for funds under this section if the following
requirements are met:
(i) The person is not identified in the application.
(ii) The person has no direct contact with the
agency, county or municipality providing the funding.
(iii) The person is paid a fixed fee or percentage
of the amount of any funds approved, awarded or received
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up to .5%.
(2) A violation of this section shall be considered an
intentional violation of 65 Pa.C.S. § 13A09(e) (relating to
penalties).
§ 1509. Compulsive and problem gambling program.
(a) Establishment of program.--The Department of [Health]
Drug and Alcohol Programs, in consultation with organizations
similar to the Mid-Atlantic Addiction Training Institute, shall
develop program guidelines for public education, awareness and
training regarding compulsive and problem gambling and the
treatment and prevention of compulsive and problem gambling. The
guidelines shall include strategies for the prevention of
compulsive and problem gambling. The Department of [Health] Drug
and Alcohol Programs may consult with the board and licensed
gaming entities to develop such strategies.
(a.1) Duties of Department of [Health] Drug and Alcohol
Programs.--From funds available in the Compulsive and Problem
Gambling Treatment Fund, the Department of [Health] Drug and
Alcohol Programs shall:
(1) Maintain [a] one compulsive gamblers assistance
organization's toll-free problem gambling telephone number,
which shall be the number 1-800-GAMBLER, to provide crisis
counseling and referral services to individuals and families
experiencing difficulty as a result of problem or compulsive
gambling. If the Department of Drug and Alcohol Programs
determines that it is unable to adopt the number 1-800-
GAMBLER, the Department of Drug and Alcohol Programs shall
maintain another number.
(2) Facilitate, through in-service training and other
means, the availability of effective assistance programs for
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problem and compulsive gamblers and family members affected
by problem and compulsive gambling.
(3) At its discretion, conduct studies to identify
individuals in this Commonwealth who are or are at risk of
becoming problem or compulsive gamblers.
(4) Provide grants to and contract with single county
authorities and other organizations which provide services as
set forth in this section.
(5) Reimburse organizations for reasonable expenses
incurred assisting the Department of [Health] DRUG AND
ALCOHOL PROGRAMS with implementing this section.
(a.2) Duties of Department of [Health] Drug and Alcohol
Programs and board.--[Within 60 days following the effective
date of this subsection, the] The Department of [Health's Bureau
of] Drug and Alcohol Programs and the board's Office of
Compulsive and Problem Gambling shall jointly collaborate with
other appropriate offices and agencies of State or local
government, including single county authorities, and providers
and other persons, public or private, with expertise in
compulsive and problem gambling treatment to do the following:
(1) Implement a strategic plan for the prevention and
treatment of compulsive and problem gambling.
(2) Adopt compulsive and problem gambling treatment
standards to be integrated with the [Bureau] Department of
Drug and Alcohol Program's uniform Statewide guidelines that
govern the provision of addiction treatment services.
(3) Develop a method to coordinate compulsive and
problem gambling data collection and referral information to
crisis response hotlines, child welfare and domestic violence
programs and providers and other appropriate programs and
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providers.
(4) Develop and disseminate educational materials to
provide public awareness related to the prevention,
recognition and treatment of compulsive and problem gambling.
(5) Develop demographic-specific compulsive and problem
gambling prevention, intervention and treatment programs.
(6) Prepare an itemized budget outlining how funds will
be allocated to fulfill the responsibilities under this
section.
(b) Compulsive and Problem Gambling Treatment Fund.--There
is hereby established in the State Treasury a special fund to be
known as the Compulsive and Problem Gambling Treatment Fund. All
moneys in the fund shall be administered by the Department of
[Health] Drug and Alcohol Programs and expended solely for
programs for the prevention and treatment of gambling addiction
and other emotional and behavioral problems associated with or
related to gambling addiction and for the administration of the
compulsive and problem gambling program, provided that the
Department of [Health] Drug and Alcohol Programs shall annually
distribute at least 50% of the money in the fund to single
county authorities under subsection (d). The fund shall consist
of money annually allocated to it from the annual payment
established under section 1408(a) (relating to transfers from
State Gaming Fund), money which may be allocated by the board,
interest earnings on moneys in the fund and any other
contributions, payments or deposits which may be made to the
fund.
(c) Notice of availability of assistance.--
(1) [Each] Except as otherwise provided for in paragraph
(4), each slot machine licensee shall [obtain a] use the
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toll-free telephone number [to be used] established by the
Department of Drug and Alcohol Programs in subsection (a.1)
(1) to provide persons with information on assistance for
compulsive or problem gambling. Each licensee shall
conspicuously post at least 20 signs similar to the following
statement:
If you or someone you know has a gambling problem, help
is available. Call (Toll-free telephone number).
The signs must be posted within 50 feet of each entrance and
exit, within 50 feet of each automated teller machine
location within the licensed facility and in other
appropriate public areas of the licensed facility as
determined by the slot machine licensee.
(2) Each racetrack where slot machines or table games
are operated shall print a statement on daily racing programs
provided to the general public that is similar to the
following:
If you or someone you know has a gambling problem, help
is available. Call (Toll-free telephone number).
Except as otherwise provided for in paragraph (4), the toll-
free telephone number shall be the same telephone number
established by the Department of Drug and Alcohol Programs
under subsection (a.1)(1).
(3) A licensed facility which fails to post or print the
warning sign in accordance with paragraph (1) or (2) shall be
assessed a fine of $1,000 a day for each day the minimum
number of signs are not posted or the required statement is
not printed as provided in this subsection.
(4) Slot machine licensees or racetracks utilizing a
toll-free telephone number other than the number established
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by the Department of Drug and Alcohol Programs under
subsection (a.1)(1) prior to the effective date of this
paragraph may continue to use that number for a period not to
exceed three years from the effective date of this paragraph
upon showing good cause to the Department of Drug and Alcohol
Programs.
(d) Single county authorities.--The Department of [Health]
Drug and Alcohol Programs shall make grants from the fund
established under subsection (b) to single county authorities
created pursuant to the act of April 14, 1972 (P.L.221, No.63),
known as the Pennsylvania Drug and Alcohol Abuse Control Act,
for the purpose of providing compulsive gambling and gambling
addiction prevention, treatment and education programs.
Treatment may include financial counseling, irrespective of
whether the financial counseling is provided by the single
county authority, the treatment service provider or
subcontracted to a third party. It is the intention of the
General Assembly that any grants made by the Department of
[Health] Drug and Alcohol Programs to any single county
authority in accordance with the provisions of this subsection
be used exclusively for the development and implementation of
compulsive and problem gambling programs authorized under this
section.
(d.1) Eligibility.--Eligibility to receive treatment
services for treatment of compulsive and problem gambling under
this section shall be determined using financial eligibility and
other requirements of the single county authorities as approved
by the Department of [Health] Drug and Alcohol Programs.
(d.2) Report.--[No later than October 1, 2010, and each]
Annually on October 1 [thereafter], the Department of [Health]
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Drug and Alcohol Programs, in consultation with the board, shall
prepare and submit a report on the impact of the programs funded
by the Compulsive and Problem Gambling Treatment Fund to the
Governor and to the members of the General Assembly. The report
shall include aggregate demographic-specific data, including
race, gender, geography and income of those individuals treated.
(e) Definition.--As used in subsection (d), the term "single
county authority" means the agency designated by the Department
of Health pursuant to the act of April 14, 1972 (P.L.221,
No.63), known as the Pennsylvania Drug and Alcohol Abuse Control
Act, to plan and coordinate drug and alcohol prevention,
intervention and treatment services for a geographic area, which
may consist of one or more counties.
Section 2. This act shall take effect in 60 days.
Section 4. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 4
Pa.C.S. § 1403(c)(2)(i)(D)(I.2) and (I.3).
(2) Section 1753-E of the act of April 9, 1929 (P.L.343,
No.176), known as The Fiscal Code, is repealed.
Section 5. This act shall take effect as follows:
(1) The amendment of 4 Pa.C.S. § 1509 shall take effect
in 60 days.
(2) The following provisions shall take effect January
1, 2017:
(i) The addition of 4 Pa.C.S. § 1326.1.
(ii) The amendment of 4 Pa.C.S. § 1403.
(iii) Section 4 of this act.
(3) The following provisions shall take effect
immediately:
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(i) This section.
(ii) The remainder of this act.
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